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 legal provision and list the applicable contract clause categories. Provision: This Agreement and all covenants, agreements, representations and warranties made by the Loan Parties herein and in the certificates delivered pursuant hereto, shall survive the making by the Agent or any Lender of the Term Loan and the execution and delivery to Agent and the Lenders of this Agreement, and shall continue in full force and effect for until all of the Obligations have been paid in full and all Loan Documents have been terminated. Whenever in this Agreement any of the parties hereto is referred to, such reference shall be deemed to include the successors and permitted assigns of such party; and all covenants, promises and agreements in this Agreement contained, by or on behalf of the Parent and the Borrower shall inure to the benefit of the successors and permitted assigns of the Agent and the Lenders.

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: equitable tolling for Sykes and Perez may necessitate the district court to limit the sorts of claims that these named plaintiffs may bring, that is a determination for the district court to make in the first instance. It is certainly not a justification for reversing the district court’s grant of class certification: at the most, if Sykes’s and Perez’s FDCPA claims are time-barred, this only means that they cannot assert claims under the FDCPA. The practical import of such a rule is that Sykes and Perez may be members of a subclass, advancing only a portion of the claims certified under Rule 23(b)(3). Such subclasses are contemplated by the Federal Rules, see Fed.R.Civ.P. 23(c)(5), and may be certified after the original certification order is upheld. See Marisol, 126 F.3d at 378 (<HOLDING>). It is within plaintiffs’ prerogative to Options: A. holding that district court did not abuse its discretion in reconsidering a prior interlocutory ruling B. holding that where named plaintiff was employee of class counsel district court did not abuse its discretion by denying class certification C. holding that the district court did not abuse its discretion in certifying the class but suggesting that prior to trial the district court ensure that appropriate subclasses are identified D. holding that district court abused its discretion in certifying class in light of the individ ual calculation of damages that is required E. holding that the district court did not abuse its discretion in its ruling whether to proceed with a declaratory judgment action

assistant: The best answer is C. holding that the district court did not abuse its discretion in certifying the class but suggesting that prior to trial the district court ensure that appropriate subclasses are identified
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Lease may not be amended or modified except by an instrument in writing signed by, or on behalf of, each of the Parties hereto. If and to the extent the Relevant Asset Owner may have occupied any portion of the Applicable Premises prior to the date of a Prior Lease without the benefit of any written lease, license or other instrument, the Relevant Asset Owner and the Related Refinery Owner release and waive any claims that such Party may have against the other Party with respect to such prior occupancy.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of the owners of unclaimed property; (2) to relieve holders of the annoyance, expense, and liability of keeping such property; (3) to preclude multiple liability; and (4) to give the adopting state use of considerable sums of money which otherwise is windfall to holders. An-not., 98 A.L.R.2d 304, 309 (1964). The act is general in its application to all holders of unclaimed property but includes specific provisions directed toward property held respectively by banks, business associations, life insurance corporations, utilities, fiduciaries, and state courts, officers, and agencies. The state’s interest in unclaimed property has been recognized as a power “as old as the common law itself.” Anderson National Bank v. Luckett, 321 U.S. 233, 251, 64 S.Ct. 599, 609, 88 L.Ed. 692 (1944) (<HOLDING>). 1. It is clear that compliance with both the Options: A. holding that the substantive provisions and reporting requirements of an unclaimed property law are valid as applied to national banks B. holding that statutory notice provisions for notice of default and opportunity to cure were waived by provisions of note as to one obligor though provisions applied to coobligor who used property as residence C. holding that such provisions are valid D. holding that a state statute that affects the governments ultimate liability is to be applied as substantive state law under the ftca E. holding that pleading rules are substantive

assistant: The best answer is A. holding that the substantive provisions and reporting requirements of an unclaimed property law are valid as applied to national banks
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: (a) In the case of the Borrower, shall use the proceeds to the Loan solely to (i) repay existing indebtedness under the Existing Credit Agreement and (ii) make a distribution to Parent of the remaining Loan proceeds and (b) shall not use the proceeds of the Loan to purchase or carry, or to reduce or retire or refinance any credit incurred to purchase or carry, any margin stock (within the meaning of Regulations U and X of the Board of Governors of the Federal Reserve System) or to extend credit to others for the purpose of purchasing or carrying any margin stock, in each case in violation of said Regulations. If requested by the Lender, the Borrower shall complete and sign Part I of a copy of Federal Reserve Form G-3 referred to in Regulation U and deliver such copy to the Lender.

assistant: Use Of Proceeds
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: Both before and after giving effect to any Borrowing or issuance, amendment, renewal or extension of any Letter of Credit, the following statements shall be true and correct: (1) the representations and warranties set forth in Article III shall be true and correct with the same effect as if then made (unless stated to relate solely to an earlier date, in which case such representations and warranties shall be true and correct as of such earlier date); and (2) no Default or Event of Default shall have then occurred and be continuing.

assistant: No Defaults
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: this motion that no warning was given. The question before the Court is whether on this evidence, a finding of vessel negligence may be sustained. Since the 1972 amendment of Section 5(b) of the Longshoremen’s and Harbor Workers’ Compensation Act, liability may no longer be premised on unseaworthy conditions but requires proof of negligence by the vessel. 33 U.S.C. § 905(b). In determining whether negligence has been established, the federal courts look to uniform land-based principles. See, e. g., Hurst v. Triad Shipping Co., 554 F.2d 1237 (3rd Cir. 1977). The courts have been vigilant in guarding against any expansion of vessel liability which might restore the situation the 1972 amendment was intended to cure. See, e. g., Wescott v. Impresas Armadoras, 564 F.2d 875 (9th Cir. 1977) (<HOLDING>). It is important at the outset to define the Options: A. holding a directed verdict motion stating specific grounds is a prerequisite for a subsequent motion for judgment notwithstanding the verdict B. holding defendants failure to file motion for judgment notwithstanding verdict did not prevent district court from granting motion for directed verdict for which court reserved decision C. holding that a posttrial motion is not required after a grant of a directed verdict D. holding that the trial court erred in granting the school boards posttrial motion for directed verdict because although the school board timely moved for a directed verdict during trial it did not serve its motion for directed verdict until the eleventh day after the verdict E. holding that the trial court erred in refusing to grant the vessels motion for directed verdict and judgment n o v where a longshoreman was injured while knowingly engaged in loading a vessel in a dangerous manner

assistant: The best answer is E. holding that the trial court erred in refusing to grant the vessels motion for directed verdict and judgment n o v where a longshoreman was injured while knowingly engaged in loading a vessel in a dangerous manner
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: rovio warrants to you ( if you are the initial and original purchaser of the software ) that , to the extent the software is made available to you on a physical storage medium , the original storage medium holding the software is free from defects in material and workmanship under normal use and service for 90 days from the date of purchase .

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: courts have provided an illustrative list, not an exhaustive list. It must be remembered that governmental immunity “also protects a governmental unit from lawsuits that seek to control the unit’s lawful actions by a final judgment made by a court of law.” City of Houston v. Houston Firefighters’ Relief & Retirement Fund, 196 S.W.3d 271, 277 (Tex.App.-Houston [1st Dist.] 2006, no pet.). Multi-County conceded at oral argument that the City and District are entitled to governmental immunity under City of El Paso v. Heinrich, but asked that we remand the case to allow Multi-County to assert the same causes of action against City and District officials, rather than against the governmental entities themselves. See Tex. A & M Univ. Sys. v. Koseoglu, 233 S.W.3d 835, 839-40 (Tex.2007) (<HOLDING>). But Multi-County’s complaint is that the Options: A. holding that a plaintiff who loses a plea to the jurisdiction based on immunity is entitled to remand if the jurisdictional pleading defect can be cured by amendment B. holding that a violation of the forum defendant rule is a jurisdictional defect C. holding that if the states criminal complaint against defendant had a jurisdictional defect the prosecution had the right to attempt to correct the defect and a motion to dismiss is one method of doing this D. holding that lack of jurisdiction cannot be cured by consent E. holding statute of limitations is not jurisdictional and can be waived by a voluntary plea of guilty

assistant: The best answer is A. holding that a plaintiff who loses a plea to the jurisdiction based on immunity is entitled to remand if the jurisdictional pleading defect can be cured by amendment
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: access and use of the service may be unavailable during periods of peak demand , system upgrades , malfunctions or scheduled or unscheduled maintenance or for other reasons .

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: (stating that “[i]f the defendant used or transferred one of such firearms in connection with another felony offense (i.e., an offense other than a firearms possession or trafficking offense) an enhancement under subsection (b)(6) also would apply” in addition to the enhancement under subsection (b)(1) based on the number of firearms involved and the enhancement under subsection (b)(5) for trafficking). Moreover, assuming that § 2K2.1(b)(6) could apply to Freeman’s planned robbery of the undercover agent, the four-level enhancement that § 2K2.1(b)(6) would add to Freeman’s Guidelines offense level would bring the lower end of Freeman’s adjusted Guidelines range above the total of 43 months’ imprisonment that the court imposed pursuant to § 5K2.0(a)(2)(B). See Jeross, 521 F.3d at 573-76 (<HOLDING>). We are thus confident that if § Options: A. holding that sentencing error is harmless if the error did not affect the district courts selection of the sentence imposed B. holding that the district courts error in calculating the amount of drugs at issue was harmless because the error had no impact on the defendants sentence C. holding that any error was harmless and thus not plain error D. holding that the district courts error was however harmless in light of other considerations E. holding exclusion was harmless error

assistant: The best answer is B. holding that the district courts error in calculating the amount of drugs at issue was harmless because the error had no impact on the defendants sentence
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: those who choose to access or use the service or participate in the gift points program from locations outside the united states of america , do so on their own initiative and are responsible for compliance with local laws , if and to the extent local laws are applicable .

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: No action, consent or approval of, registration or filing with or any other action by any Governmental Authority or any other person is or will be required in connection with the Transactions, except for (a) the filing of UCC financing statements and filings with the United States Patent and Trademark Office and the United States Copyright Office, (b) recordation of the Mortgages on statutory registers or otherwise and (c) such as either have been made or obtained and are in full force and effect or the failure to make or obtain the same would not reasonably be expected to have a Material Adverse Effect.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: is therefore violating the Sale Order. Hence, the Plaintiff is requesting a temporary injunction to stop the Defendants from continuing to prosecute the State Court Suit. The resolution of the dispute largely turns on the question of whether the State Court Claims are derivative or direct, If any of the State Court Claims are derivative, then they comprise part of the Sale Order Claims that the Plaintiff purchased from the Trustee. [See id.]. This is so because any derivative claims that the Debtor had against Krasoff already existed on the Petition Date, which means that these claims were property of the Debtor’s estate that only the Trustee could prosecute — and therefore sell to third parties (such as the Plaintiff). In re MortgageAmerica Corp., 714 F.2d 1266, 1274-77 (5th Cir.1983) (<HOLDING>). Texas law is clear that “[a] cause of action Options: A. holding that causes of action for age and sex discrimination that arose prepetition were property of the bankruptcy estate B. holding contingent prepetition property rights were sufficiently rooted in the prebankruptcy past to be part of the bankruptcy estate under 11 usc 541 C. recognizing the distinction between the reorganized debtor and the converted debtor and holding an asset which was not property of the original chapter 11 estate does not become property of the converted chapter 7 estate D. holding that claims harming the debtor corporation that arose from prepetition conduct become property of the estate under 11 usc 541a1 E. holding that legal malpractice claim against chapter 7 debtor arose prepetition when the conduct giving rise to the claim occurred and therefore was subject to the debtors discharge

assistant: The best answer is D. holding that claims harming the debtor corporation that arose from prepetition conduct become property of the estate under 11 usc 541a1
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 agrees that if there is a Change in Control of the Company (other than a Change in Control which has been approved by a majority of the Board who were directors immediately prior to such Change in Control) then, with respect to all matters thereafter arising concerning the rights of Indemnitee to payments of Expenses under this Agreement or any other agreement or under the Company’s Certificate of Incorporation, as amended (the “Certificate”) or Bylaws as now or hereafter in effect, Independent Legal Counsel (as defined in Section 10(d) hereof) shall be selected by Indemnitee and approved by the Company (which approval shall not be unreasonably withheld). Such counsel, among other things, shall render its written opinion to the Company and Indemnitee as to whether and to what extent Indemnitee would be permitted to be indemnified under applicable law. The Company agrees to abide by such opinion and to pay the reasonable fees of the Independent Legal Counsel referred to above and to fully indemnify such counsel against any and all expenses (including attorneys’ fees), claims, liabilities and damages arising out of or relating to this Agreement or its engagement pursuant hereto.

assistant: Change In Control
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: ( b ) if you purchased a subscription with a payment method other than credit card , paypal or moneybookers ( skrill ) , and you have enabled auto-recharge , your skype credit balance will be recharged with the amount necessary to purchase your next recurring subscription .

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: The Borrower and its Restricted Subsidiaries have filed all tax returns and reports required to be filed, and have paid all taxes, assessments, fees and other governmental charges levied or imposed upon them or their properties, income or assets otherwise due and payable, except those which are being contested in good faith by appropriate proceedings diligently conducted and for which adequate reserves have been provided in accordance with GAAP and except for those tax returns, reports, taxes, assessments, fees and other governmental charges, which in the aggregate, could not reasonably be expected to have a Material Adverse Effect. The Borrower is not aware of any proposed tax assessment against the Borrower or any Restricted Subsidiary that would, if made, have a Material Adverse Effect.

assistant: Taxes
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, by 9:00 a.m. (New York City time) on the first (1 st ) Trading Day immediately following the Closing Date, issue a press release disclosing the material terms of the transactions contemplated hereby, and shall file a Current Report on Form 8-K, including the Transaction Documents as exhibits thereto (the “ Form 8-K ”) within four Business Days of the date hereof. From and after the issuance of such press release and Form 8-K, the Company represents to the Purchasers that it shall have publicly disclosed all material, non-public information delivered to any of the Purchasers by the Company or any of its Subsidiaries, or any of their respective officers, directors, employees or agents in connection with the transactions contemplated by the Transaction Documents. The Company and each Purchaser shall consult with each other in issuing any other press releases with respect to the transactions contemplated hereby, and neither the Company nor any Purchaser shall issue any such press release nor otherwise make any such public statement without the prior consent of the Company, with respect to any press release of any Purchaser, or without the prior consent of each Purchaser, with respect to any press release of the Company, which consent shall not unreasonably be withheld, delayed, denied or conditioned, except if such disclosure is required by law, in which case the disclosing party shall promptly provide the other party with prior notice of such public statement or communication. Notwithstanding the foregoing, the Company shall not publicly disclose the name of any Purchaser, or include the name of any Purchaser in any filing with the Commission or any regulatory agency or Trading Market unless the name of such Purchaser is already included in the body of the Transaction Documents, without the prior written consent of such Purchaser, except: (a) as required by federal or state securities law in connection with the filing of final Transaction Documents with the Commission, (b) to the extent such disclosure is required by law or Trading Market regulations, in which case the Company shall provide the Purchasers with prior notice of such disclosure permitted under this clause (b) or (c) in connection with the filing of the Registration Statement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All notices and other communications of any kind which either party to this Agreement may be required or may desire to serve on the other party hereto in connection with this Agreement shall be in writing and may be delivered by personal service or by registered or certified mail, return receipt requested, deposited in the United States mail with the postage thereon fully prepaid, addressed to the parties at their respective addresses set forth in the Notice of Stock Option Grant. Service of any such notice or other communication so made by mail shall be deemed complete on the date of actual delivery as shown by the addressee’s registry or certification receipt or at the expiration of the third (3rd) business day after the date of mailing, whichever is earlier in time. Either party may from time to time by notice in writing served upon the other as aforesaid, designate a different mailing address or a different person to which such notices or other communications are thereafter to be addressed or delivered.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: if you use a username and password that viber considers insecure , viber will be entitled to require this to be changed and/or terminate your user account .

assistant: Unilateral termination
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: — was not neutral but, in essence, asked each juror to affirm the judge’s suggestion that he or she had meant to convict the defendant of an offense other than that which had been plainly announced and written on the verdict slips. The message behind the inquiry strongly suggested that the jury’s error had created a difficult situation which the judge wanted fixed forthwith. Rather than allowing the jury to retire in order to clarify their actual intent, the judge’s approach asserted a subtle, yet not insubstantial, form of coercion that urged each juror to commit, by affirmative response in open court, to the judge’s assumption as to his or her intent. Cf. Commonwealth v. Roth, 437 Mass. 777, 786, 789, 792-793 (2002), quoting A Juvenile v. Commonwealth, 392 Mass. 52, 56 (1984) (<HOLDING>). The failure of the judge to follow Options: A. holding that the term manufacture applied not only to things made but to the practice of making to principles carried into practice in a new manner to new results of principles carried into practice B. holding that such broken up transactions must be aggregated into one C. holding impermissible practice of taking partial verdicts from deadlocked juries when single charge is broken down into lesser charges because it would constitute an unwarranted and unwise intrusion into the province of the jury D. holding that use of volunteer jurors introduced an impermissible subjective element into jury selection E. holding that the appellate court will not find a fact that was not found below as that would be an intrusion into the province of the trial court

assistant: The best answer is C. holding impermissible practice of taking partial verdicts from deadlocked juries when single charge is broken down into lesser charges because it would constitute an unwarranted and unwise intrusion into the province of 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 legal provision and list the applicable contract clause categories. Provision: The proceeds of the Loans and Letters of Credit shall be used by KCMH and/or its Subsidiaries’ to facilitate debt capital markets “fronting” arrangements pursuant to which KCMH or such Subsidiary is acting as the initial purchaser or lender of a debt instrument that has been reserved by KCMH or such Subsidiary for purchase by another Person from whom an order has been received and such arrangement involves terms that are customary in the market for “fronting” transactions .

assistant: Use Of Proceeds
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 underlined words appearing at the commencement of the paragraphs are included only as a guide to the contents thereof and are not to be considered as controlling, enlarging or restructuring the language or meaning of those paragraphs.

assistant: Headings
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: instead of mailing a notice of dispute , you may sue us in small claims court in your county of residence ( or if a business your principal place of business ) or king county , washington , u.s.a. if you meet the court 's requirements .

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: (a) Each Borrower will pay a fee (“ Letter of Credit Fees ”) on all outstanding Letters of Credit issued for its account at a per annum rate equal to the Applicable Percentage then in effect with respect to Eurodollar Loans, shared ratably among the Lenders and payable quarterly in arrears on each Fee Payment Date after the issuance date. In addition, in accordance with the Fee Letter (or as separately agreed between the relevant Borrower and any Issuing Lender) the relevant Borrower shall pay to each Issuing Lender for its own account a fronting fee on the undrawn and unexpired amount of each Letter of Credit, payable quarterly in arrears on each Fee Payment Date after the issuance date.

assistant: Fees
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: sometimes cheaper rates are available on our platform for a specific stay , product or service , however , these rates made available by suppliers may carry special restrictions and conditions , for example non-cancelable and non-refundable .

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: may be granted, we hold Rodriguez’s verified motion for new trial meets Reyes’ requirements. See Redmond v. State, 30 S.W.3d 692, 700 (Tex.App.—Beaumont 2000, no pet.) (“The judicially imposed requirement of an affidavit or verification as a prerequisite for an evidentiary hearing on a motion for new trial has existed throughout the various incarnations of the governing precept.”) (emphasis added); Belton v. State, 900 S.W.2d 886, 901 (TexApp.—El Paso 1995, pet. refd) (“The Court has consistently held that without verification or affidavit, a motion for new trial based on matters outside the record is insufficient as a pleading.”) (emphasis added) (citing Bearden v. State, 648 S.W.2d 688, 690 (Tex.Crim.App.1983)). Cf. Alcott v. State, 26 S.W.3d 1, 4-5 (Tex.App.—Waco 1999, pet. granted) (<HOLDING>). Conclusion Rodriguez’s detailed and verified Options: A. holding that if appellant preserves legal sufficiency complaint in motion for new trial new trial is all the relief appellate court can give because that is all the relief appellant requested in trial court B. holding that a plaintiff cannot be denied a new trial for failing to establish sufficient proof to meet a standard which at the time of trial did not exist C. holding verified motion for new trial did not require a hearing because it lacks sufficient detail to put the trial court on notice that reasonable grounds for relief exist D. holding events occurring after trial are not grounds for a new trial E. holding that trial court did not abuse its discretion in overruling motion for new trial on perjury grounds

assistant: The best answer is C. holding verified motion for new trial did not require a hearing because it lacks sufficient detail to put the trial court on notice that reasonable grounds for relief exist
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 Parties agree that the fact of this Agreement and its terms and conditions, including the consideration provided in Paragraph 1 and Paragraph 2 above, shall be strictly confidential and shall not be disclosed to any person, natural or otherwise, other than: (i) the Parties; (ii) the Parties’ attorneys, accountants and insurers; (iii) Geospatial’s senior management; (iv) Camp’s spouse; and (iv) as required by subpoena or other legal proceedings, government regulation, or generally-accepted accounting principles. The Parties shall be liable for any subsequent disclosure by any person whom they disclose the facts or terms of this Agreement, as permitted herein. Notwithstanding the foregoing, Camp may disclose to potential employers, investors, business partners and business counter-parties that Camp was a party to an Employment Agreement and Asset Purchase Agreement with Geospatial that commenced September 17, 2014, and terminated amicably on the Effective Date. Camp may not make any other comments or disclose that the within Agreement was entered into, or disclose the terms and conditions of the within 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: nuisance claims are expressly preempted by the ICCTA. .. This Court has not had occasion to address a case dealing specifically with the preemption of nuisance claims by the ICCTA. A state-law action is preempted under the Supremacy Clause of the federal Constitution if the intent of Congress to preempt state law is clear and explicit in the statute. English v. General Elec. Co., 496 U.S. 72, 110 S.Ct. 2270, 110 L.Ed.2d 65 (1990). To determine whether Goldth-waite’s nuisance claims are expressly preempted by the ICCTA, this Court must determine whether Congress specifically stated in the ICCTA that regulation of railroad operations and side tracks is reserved to the federal government. Shaw v. Delta Air Lines, Inc., 463 U.S. 85, 95, 103 S.Ct. 2890, 77 L.Ed.2d 2d 954, 958 (E.D.Wis.2001)(<HOLDING>); Rushing v. Kansas City S. Ry., 194 F.Supp.2d Options: A. holding that the iccta preempted statelaw nuisance claim with regard to railway traffic B. holding that the iccta preempted statelaw negligence and nuisance claims intended to interfere with railroads operation of switchyard C. holding that the iccta preempted statelaw tortiousinterference claim D. holding that the iccta preempted statelaw claims alleging tortious interference and seeking punitive damages E. holding that the iccta preempted statelaw nuisance claim with respect to operation of side track

assistant: The best answer is A. holding that the iccta preempted statelaw nuisance claim with regard to railway traffic
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Borrower shall not use the proceeds of the Revolving Loans made hereunder for any purpose other than, consistent with the terms and conditions hereof, to make investments in Borrower’s and its Subsidiaries’ Funds and the ongoing working capital needs and general corporate purposes of the Loan Parties.

assistant: Use Of Proceeds
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 Section 14(d) of the Plan are incorporated in this Agreement by reference and made a part of this Agreement; provided, however , that if the Participant is subject to Section 16 of the Exchange Act then the Participant may elect, in advance of any tax withholding event, to satisfy the amount of any required withholding taxes in respect of the Performance Share Units in cash, and in the absence of Participant’s timely election, the Company will withhold in shares of Common Stock upon the relevant tax withholding event.

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: promote the emergence of a democratic government to replace that regime.” Pub.L. No. 105-338 § 3, 112 Stat. 3178. The United Nations also treated the Hussein Regime as the effective Iraqi government. See UN SCOR Res. 661 & 986 (referring to the Hussein Regime as the “Government of Iraq.”) Thus, the Court confronts no controversy — political or otherwise — regarding which government controlled Iraq during the Programme. Second, analyzing whether or not a former government’s conduct can be attributed to its sovereign is a legal question. It turns on the manageable principles discussed below, and is necessarily decided in some form in any case applying the Foreign Sovereign Immunities Act (“FSIA”) or the act of state doctrine, and many that do not. See, e.g., Konowaloff, 702 F.3d at 147 (<HOLDING>); Marcos, 806 F.2d at 358-59 (discussing acts Options: A. recognizing governments seizure of painting as act of state B. holding that an initially reasonable seizure can become an unreasonable seizure that violates the fourth amendment when officers refuse to return seized property C. holding the use of deadly force standing alone does not constitute a seizure and absent an actual physical restraint or physical seizure the alleged unreasonableness of the officers conduct cannot serve as a basis for a 1983 cause of action D. holding seizure of evidence in plain view reasonable under fourth amendment E. holding seizure unreasonable due to length of detention of property

assistant: The best answer is A. recognizing governments seizure of painting as act of state
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of 1990, as amended (ADAAA).” We agree with the Dyer court’s line of reasoning: “As disability discrimination claims encompass both kinds of cases, it is reasonable to conclude that [Vasquez’s] charge alleging disability discrimination can be expected to encompass the various statutory means by which [Vasquez] might establish such a claim, including the assertion that she was regarded as having an impairment.” Dyer, 532 F.Supp.2d at 935-36. The vast majority of district courts addressing this or substantially similar issues have reached the same conclusion, holding that the scope of an EEOC charge alleging disability discrimination extends to “regarded as” claims in addition to actual disability claims. See, e.g., Pellack v. Thorek Hosp. & Med. Ctr., 9 F.Supp.2d 984, 989 (N.D.Ill.1998)(<HOLDING>); see also Anderson v. Foster Group, 521 Options: A. holding disability discrimination claim barred B. holding that retaliation claim was reasonably related to prior sex discrimination claim C. holding that regarded as claim is reasonably related to claim of discrimination on the basis of disability alleged in eeoc charge D. holding that an original eeoc charge is sufficient to support a civil suit under the act for any discrimination developed in the course of a reasonable investigation of that charge provided such discrimination was included in the reasonable cause determination of the eeoc E. holding that retaliation arising out of first eeoc filing was reasonably related to that filing obviating the need for a second eeoc charge

assistant: The best answer is C. holding that regarded as claim is reasonably related to claim of discrimination on the basis of disability alleged in eeoc charge
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: by using the service , you represent and warrant that you are not located in , under the control of , or a national or resident of any such country or on any such list .

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: Any notice to be given under the terms of this Agreement shall be in writing and addressed to the Corporation at its principal office to the attention of the Secretary, and to the Participant at the Participant’s last address reflected on the Corporation’s records, or at such other address as either party may hereafter designate in writing to the other. Any such notice shall be given only when received, but if the Participant is no longer employed by or providing services to the Corporation or a Subsidiary, shall be deemed to have been duly given by the Corporation when enclosed in a properly sealed envelope addressed as aforesaid, registered or certified, and deposited (postage and registry or certification fee prepaid) in a post office or branch post office regularly maintained by the United States Government.

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: Interest based on the Prime Rate and interest and fees based on amounts denominated in English pounds sterling hereunder shall be computed on the basis of a year of 365 days and paid for the actual number of days elapsed (including the first day but excluding the last day). Except as set forth in Section 2.8, all other interest and fees shall be computed on the basis of a year of 360 days and paid for the actual number of days elapsed (including the first day but excluding the last day).

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: without an administrative hearing, § 1553’s pre-deprivation procedures, coupled with its provision for judicial review, provide BCI with sufficient protection against the risk of erroneous deprivation. The opportunity to participate in the investigation of the DOE’s OIG and submit a written rebuttal is no substitute for the opportunity to test adverse evidence and cross examine witnesses during a hearing. “[T]he primary function of the investigator is not to make credibility determinations, but rather to determine simply whether reasonable cause exists to believe that the employee has been discharged for engaging in protected conduct.” Brock, 481 U.S. at 266, 107 S.Ct. 1740. Additionally, a written rebuttal does not permit the fact-finder to assess the credibility of a witness. See id. (<HOLDING>). Nor does this court’s review provide Options: A. holding that material for witnesses need not be produced to defendant where the witnesses were not called as government witnesses at trial B. holding that the postconviction court is the sole judge of the weight of the evidence and the credibility of witnesses C. holding the opportunity to cross examine witnesses predeprivation is unnecessary where the statute provided for a postdeprivation hearing appropriately reserving fjinal assessments of the credibility of supporting witnesses to the administrative law judge D. holding trial court is sole and exclusive judge of witnesses credibility E. holding that it is function of trial court to judge witnesses credibility and to weigh conflicting evidence

assistant: The best answer is C. holding the opportunity to cross examine witnesses predeprivation is unnecessary where the statute provided for a postdeprivation hearing appropriately reserving fjinal assessments of the credibility of supporting witnesses to the administrative law judge
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: ¶ 9, 127 N.M. 63, 976 P.2d 1015. Since the legislature that passed the RUS would not have understood the statute to impact the liability of public landowners, we could decline to extend the statute beyond its original meaning. In addition, the RUS is a statute in derogation of the common law, limiting the common law right of tort victims to seek compensation from tortfeasors. As such, we could adopt the narrower of the alternative constructions, resolving ambiguity against a legislative intent to deny citizens those rights. {11} Also, absent express words to the contrary, neither the state nor its subdivisions are included within general words of a statute. See Vermont Agency of Natural Res. v. United States ex rel. Stevens, 529 U.S. 765, 780, 120 S.Ct. 1858, 146 L.Ed.2d 836 (2000) (<HOLDING>); Borgen v. Fort Pitt Museum Assocs., 83 Pa. Options: A. holding that apparel cleaners submission of false statements of their receipts a percentage of which were to be paid to the united states did not constitute false claims within the meaning of the federal false claims act B. holding that the provisions of the false claims act allowing suit imposing liability on any person who presented false claims to the federal government did not allow suits against state governments C. holding that a state or agency is not a person subject to qui tam liability under the false claims act D. holding that a state agency is not a person subject to suit under federal false claims act E. holding implied false certifications must be material to the governments payment decision in order to be actionable under the false claims act

assistant: The best answer is B. holding that the provisions of the false claims act allowing suit imposing liability on any person who presented false claims to the federal government did not allow suits against state governments
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 of the Company’s obligations to register Registrable Shares under Section 3 hereof shall terminate upon the date on which no Purchaser holds Registrable Securities or all of the Registrable Securities are eligible for resale without volume or manner-of-sale restrictions and without current public information pursuant to Rule 144.

assistant: Terminations