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: No event has occurred and no condition exists which would, upon or after the execution and delivery of this Agreement or each Credit Party’s performance hereunder, constitute a Default or an Event of Default. Neither US Company nor any other Credit Party is in default in (and no event has occurred and no condition exists which constitutes, or which the passage of time or the giving of notice or both would constitute, a default in) the payment of any Indebtedness to any Person in excess of the lesser of $35,000,000 or the Equivalent Amount thereof or that amount which would have a Material Adverse Effect. All Obligations are permitted under the Senior Note Indentures and the other Senior Note Documents and the Permitted Additional Financing Documents, in each case that are in effect on any date on which this representation is made.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: (i) All federal and material state, local and other tax returns required to have been filed with respect to each Loan Party and each Subsidiary of each Loan Party have been filed, or extensions have been made, and (ii) payment or adequate provision has been made for the payment of all taxes, fees, assessments and other governmental charges that have or may become due pursuant to said returns or to assessments received, except to the extent that such taxes, fees, assessments and other charges are being contested in good faith by appropriate proceedings diligently conducted and for which such reserves or other appropriate provisions, if any, as shall be required by GAAP shall have been made.

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 case excerpt and choose the best holding from the options. Case excerpt: action a claim for nominal damages based on assertion that statements were “demonstrably false”). This Court finds that in light of the length of the unexcused delay, the prejudice that results from the motion practice completed and the need for additional discovery and motion practice to address a fraud claim (or the inability to do the same) is sufficient to warrant denial of Plaintiffs’ cross-motion. Of course, a defense of fraud, which Plaintiffs have already alleged, might mitigate the prejudice if such a defense were valid. In that event, Defendants could suffer little prejudice in having to litigate as a claim precisely the same legal issue that they would already have to confront as a defense. However, in this case, Plaintiffs’ defense of fraud is clearl 88 (N.Y.App.Div.1940) (<HOLDING>); cf. McKeon v. Prudential Lines, Inc., 108 Options: A. holding that immunity from suit precluded claim for breach of contract for sale of county property and request for specific performance of contract B. holding that plaintiffs were not entitled to an action for recision on contract for sale of real property based on fraud when they had treated contract as valid for more than a year after discovering the fraud C. holding that an attorney approval clause in a contract for the sale of real estate was a part of that contract and would have to be satisfied for the underlying contract to be enforceable D. holding that the legal title holders to real property held it in constructive trust for the equitable title holder who was entitled to the real property based on an earlier contract E. holding that the validity of a contract for a commission for the sale of real estate is determined by the law of the state where the contract is made

assistant: The best answer is B. holding that plaintiffs were not entitled to an action for recision on contract for sale of real property based on fraud when they had treated contract as valid for more than a year after discovering the fraud
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: There are no actions, suits, proceedings, or investigations pending or, to the knowledge of FTI after reasonable investigation, threatened by or against FTI or affecting FTI or its properties, at law or in equity, before any court or other governmental agency or instrumentality, domestic or foreign, or before any arbitrator of any kind. FTI does not have any knowledge of any material default on its part with respect to any judgment, order, injunction, decree, award, rule, or regulation of any court, arbitrator, or governmental agency or instrumentality.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: (a) All payments made by any Credit Party hereunder will be made without setoff, counterclaim or other defense. All such payments will be made free and clear of, and without deduction or withholding for, any present or future taxes, levies, imposts, duties, fees, assessments or other charges of whatever nature now or hereafter imposed by any jurisdiction or by any political subdivision or taxing authority thereof or therein with respect to such payments (but excluding any tax imposed on or measured by the net income, net profits or any franchise tax based on net income or net profits, and any branch profits tax of a Lender pursuant to the laws of the jurisdiction in which it is organized or the jurisdiction in which the principal office or applicable lending office of such Lender is located or any subdivision thereof or therein or due to failure to provide documents under Section 4.04(b) all such taxes “ Excluded Taxes ”) and all interest, penalties or similar liabilities with respect to such non-excluded taxes, levies, imposts, duties, fees, assessments or other charges to the extent imposed on taxes other than Excluded Taxes (all such non-excluded taxes, levies, imposts, duties, fees, assessments or other charges being referred to collectively as “ Taxes ” and “ Taxation ” shall be applied accordingly). The Borrower will furnish to the Facility Agent within 45 days after the date of payment of any Taxes is due pursuant to applicable law certified copies of tax receipts evidencing such payment by the Borrower. The Borrower agrees to indemnify and hold harmless each Lender, and reimburse such Lender upon its written request, for the amount of any Taxes so levied or imposed and paid by such Lender.

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: It is understood and agreed that your service as Executive Chairman of the Company shall terminate upon the earlier of: (i) your voluntarily resignation as Executive Chairman of the Company; provided that you shall provide 90 days’ prior written notice to the Company; (ii) your resignation as Executive Chairman of the Company upon the request of the Company; provided that the Company, will provide 90 days’ prior written notice to you of its request for your resignation, other than if such termination is for Cause (as defined below); (iii) your death or permanent disability; or (iv) your termination by the Company for Cause. Effective upon the date of such resignation or termination, as applicable, no further compensation will be paid or payable for the position from which you have separated other than those obligations accrued hereunder at such date, and the Company shall pay to you (or your beneficiary or estate) (i) any accrued but unpaid compensation under Section 2 hereof through such date (the “Earned Compensation”), (ii) any vested amounts or benefits owing to you under the Company’s otherwise applicable compensation programs or employee benefit plans and programs, including any compensation previously deferred by you (together with any accrued earnings thereon) and not yet paid by the Company (the “Accrued Obligations”) and (iii) any other amounts or benefits payable due to your retirement, termination, death or disability under the Company’s plans, policies, programs or arrangements (the “Additional Benefits”). Any Earned Compensation shall be paid in cash in a single lump sum as soon as practicable, but in no event more than 10 business days (or at such earlier date required by law), following the date of termination or resignation. Accrued Obligations and Additional Benefits shall be paid in accordance with the terms of the applicable plan, policy, program or arrangement.

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 case excerpt and choose the best holding from the options. Case excerpt: prepared the discussion in WilsonMiller’s February 24, 2012 report regarding access from Palmer Ranch to McIntosh Road by means of an easement relocation on Prestan-cia. Although Plaintiffs identified Mr. Paul-mann as an expert land use planner, Mr. Paulmann was not qualified as an expert and did not testify on any aspect of the Wilson-Miller reports. Mr. Paulmann testified only as a lay witness regarding a wholly different topic — the Palmer Ranch Development of Regional Impact. Tr. 903. Accordingly, because the WilsonMiller authors — Plaintiffs’ experts — did not testify regarding the reasonable probability of access from McIntosh Road to Palmer Ranch, the Court accords no weight to the statements in the reports on this issue. See Brace v. United States, 72 Fed.Cl. 337, 352 (2006) (<HOLDING>), aff'd, 250 Fed.Appx. 359 (Fed.Cir.2007). Options: A. holding that even inadmissible hearsay is admissible if of the type generally relied upon by experts in the field B. recognizing that while a testifying expert may rely upon facts or data made known to the expert before the hearing and even may rely upon opinions if reasonably relied upon by experts in the particular field the ipse dixit of that reliance does not make those facts data or opinions true particularly where they are derived largely from hearsay C. holding that an expert may base his or her opinions and inferences on facts andor data perceived by or made known to the expert at or before the hearing internal quotation marks omitted D. holding district court is not required to admit opinion evidence that is connected to existing data only by the ipse dixit of the expert E. recognizing district courts authority to exclude opinion evidence that is connected to existing data only by the ipse dixit of the expert should it conclude that there is simply too great an analytical gap between the data and the opinion proffered

assistant: The best answer is B. recognizing that while a testifying expert may rely upon facts or data made known to the expert before the hearing and even may rely upon opinions if reasonably relied upon by experts in the particular field the ipse dixit of that reliance does not make those facts data or opinions true particularly where they are derived largely from hearsay
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: THIS AMENDMENT SHALL BE DEEMED TO HAVE BEEN MADE AND TO BE PERFORMABLE IN AND SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS, WITHOUT GIVING EFFECT TO ANY CONFLICT OF LAW PRINCIPLES (BUT GIVING EFFECT TO FEDERAL LAWS RELATING TO NATIONAL BANKS).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Real property taxes and personal property taxes, if any, shall be prorated based upon the current year’s (i.e., year of closing) tax, if known. If the Closing Date occurs on a date when the current year’s taxes are not fixed and the current year’s assessment is available, taxes will be prorated based upon such assessment and prior year’s millage. If the current year’s assessment is not available, then taxes will be prorated on the prior year’s tax. However, if any tax pro-ration is based upon other than the current year’s tax, then at the request of either Purchaser or Seller, the taxes shall be subsequently readjusted upon the receipt of the tax bill for the current year. All such tax pro-rations, whether based upon the current year’s tax, or prior year’s tax, will be made with an appropriate allowance for the maximum allowable discount. In the event either party fails or refuses to re-prorate the real estate taxes within thirty (30) days following receipt of the actual tax bill for the current year and a written request by the other party for such re-proration, then the amount due shall bear interest from the expiration of such thirty (30) day period at the rate of five percent (5%) per annum. In the event a party is obligated to institute any legal proceeding to recover the re-proration of real estate taxes and the interest due as herein set forth, the prevailing party shall be entitled, in addition, to recover Attorneys Fees from the non-prevailing party.

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 case excerpt and choose the best holding from the options. Case excerpt: on its claims of law enforcement purpose. Pinson v. U.S. Dep’t of Justice, No. 12-1872, 202 F.Supp.3d 86, 101, 2016 WL 4074130, at *6 (D.D.C. Jul. 29, 2016); see also Duffin v. Carlson, 636 F.2d 709, 713 (D.C. Cir. 1980); Mem. Op., ECF No. 306 at 12. The BOP explains that the documents it withholds under Exemption 7 were generated as part of the BOP’s “law enforcement mission of protecting inmates, staff, and the community.” 3d Christenson Decl. ¶ 26. Furthermore, many of the responsive records were located in the BOP’s databases. See, e.g., id. ¶¶ 13, 44, 53, 64, 95, 105, 126, 140, 143, 162, 176. Past decisions in this jurisdiction have held that .similar records were compiled for law enforcement purposes. See, e.g., Mingo v. U.S. Dep’t of Justice, 793 F.Supp.2d 447, 453 (D.D.C. 2011) (<HOLDING>); Holt v. U.S. Dep’t of Justice, 734 F.Supp.2d Options: A. holding the deprivation of the inmates property interest in his mail is not a cognizable constitutional injury given the availability of adequate state postdeprivation remedies under new york law internal quotation marks omitted B. holding that records pertaining to the investigation of an inmateoninmate assault were compiled for law enforcement purposes because they were created in connection with the bops responsibility to protect inmates staff and the community internal quotation marks and citations omitted C. recognizing that the declaratory judgment act is only procedural and does not create substantive rights internal quotation marks and citations omitted D. holding that records pertaining to an altercation involving over 50 inmates and maintained by the special investigative office at that facility were compiled for a law enforcement purpose because they were created in connection with the bops responsibility to protect inmates staff and the community internal quotation marks and citations omitted E. holding that shu confinement that manifests an administrative strategy designed to preserve order in the prison and protect the safety of all inmates need only be supported by some evidence and noting that the assignment of inmates within the california prisons is essentially a matter of administrative discretion citations and internal quotation marks omitted

assistant: The best answer is D. holding that records pertaining to an altercation involving over 50 inmates and maintained by the special investigative office at that facility were compiled for a law enforcement purpose because they were created in connection with the bops responsibility to protect inmates staff and the community internal quotation marks and citations omitted
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: absence of an element of fraudulent conduct from the definition of the crime has been sufficient to find that the crime was not one involving moral turpitude. See, e.g., Chaunt v. United States, 364 U.S. 350, 353, 81 S.Ct. 147, 149-50, 5 L.Ed.2d 120 (1960) (breach of peace not a crime involving moral turpitude, because no “fraudulent conduct” was involved). Courts have consistently held that statutory rape is a crime involving moral turpitude, even though it has no intent element, because such a crime is “usually classed as rape,” which “manifestly involves moral turpitude.” See, e.g., Marciano, 450 F.2d at 1025 (citing cases so holding). So, too, courts have expressed similar certainty that theft crimes involve moral turpitude. See, e.g., Dashto v. INS, 59 F.3d 697, 699 (7th Cir.1995) (<HOLDING>); United States v. Villa-Fabela, 882 F.2d 434, Options: A. recognizing that the sentence imposed should be consistent with the protection of the public B. recognizing prior decision holding that theft has always been held to involve moral turpitude regardless of the sentence imposed or the amount stolen quoting soetarto v ins 516 f2d 778 780 7th cir1975 C. recognizing that a criminal prosecution is not complete until a sentence has been imposed D. recognizing that we review the sentence imposed by a district court under the abuse of discretion standard E. recognizing constitutional right to be present when sentence is imposed

assistant: The best answer is B. recognizing prior decision holding that theft has always been held to involve moral turpitude regardless of the sentence imposed or the amount stolen quoting soetarto v ins 516 f2d 778 780 7th cir1975
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 owns, directly or indirectly, all of the capital stock or other equity interests of each Subsidiary free and clear of any Liens, and all of the issued and outstanding shares of capital stock of each Subsidiary are validly issued and are fully paid, non-assessable and free of preemptive and similar rights to subscribe for or purchase securities.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the compressor station would be about [$]100,-000? A. I think so. Q. And that’s due — and then because of the compressor station- being there with the noise and the odors, do you agree with the figures she gave of [$]25,000 being the best that y’all might could get? A. I imagine that would be close to it. This was the Mashburn’s only reference to market value. We conclude that none of this testim ut even his testimony was insufficient. Although he demonstrated his familiarity with area market values, he- failed to explain the factual basis behind his determination that his property suffered a $400,000 decrease in value. His statement that it was “based on property sales around in the area” provides little more detail than using the words “market value.” Cf. Arkoma, 249 S.W.3d at 389 (<HOLDING>). In both' cases, the owners stated a Options: A. holding that a conclusory opinion may be rejected B. holding that an experts opinion must be based on facts in evidence or within his or her knowledge and that the admission of an experts opinion is reviewed for an abuse of discretion C. holding that evidence that the petitioner had a political opinion that he expressed it to his persecutors and that they threatened him only after he expressed his opinion compelled the conclusion that the threats were connected to his political opinion and not only to his failure to provide money in response to demands from the persecutors that predated his expression of his political opinion D. holding that the affidavit of an expert proffered in opposition to summary judgment motion was assertedly in conflict with the experts prior deposition testimony but the court found that the affidavit could generate genuine issues of material fact because the expert explained the basis for his apparently changed opinion E. holding that experts cursory testimony did not make his opinion conclusory because accompanying exhibit explained the basis for his conclusion

assistant: The best answer is E. holding that experts cursory testimony did not make his opinion conclusory because accompanying exhibit explained the basis for his conclusion
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: 15 U.S.C. § 1692f(8). Citing Foti, Zortman argues that because JCC’s message indicated it was “important” that constitutes communicating information regarding a debt. Foti, 424 F.Supp.2d at 656 (noting that the message stated it that the “matter required immediate attention” in concluding that the voicemail was a communication). JCC, for its part in the supplemental briefing, argued that its messages did not violate § 1692c(b) because they did not disclose that a particular consumer actually owed a debt. JCC points the Court to several cases, though not precisely on point, that indicate that a mere statement identifying a caller as a debt collector may not be sufficient to convey information regarding a debt. See Marx v. Gen. Revenue Corp., 668 F.3d 1174, 1177 (10th Cir.2011) (<HOLDING>); Zamos II v. Asset Acceptance, LLC, 423 Options: A. holding that an entity engaged in collection activity on a defaulted debt acquired from another is a debt collector under the fdcpa even though it may actually be owed the debt B. holding that effect of discharge of debt under bankruptcy code is the same as it was under the 1898 bankruptcy act it is not an extinguishment of the debt but only a bar to enforcement of the debt as a personal obligation of the debt or C. holding that information was not fatally defective because while defendants name did not appear in the charging part of the information it did clearly appear in the caption and in the verification of the charge by the district attorney D. holding that the name under which a debt collector is licensed to do business is the debt collectors true name for purposes of the fdcpa E. holding that a fax requesting employment information and verification did not convey information regarding a debt but also noting that the senders name and logo did not make explicit that the request was from a debt collector

assistant: The best answer is E. holding that a fax requesting employment information and verification did not convey information regarding a debt but also noting that the senders name and logo did not make explicit that the request was from a debt collector
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the day on which persons are born to the same minute of the corresponding day completing the period of minority.” Geiser asserts N.D.C.C. § 14-10-01, clearly establishes that: “ ‘child’ means a person who is a ‘minor’, whose existence and age is reckoned from the first minute of the day on which the person is born.” The State contends if the Legislature intended “child” and “minor” to mean the same thing, it could have used the word “minor.” However, N.D.C.C. § 14-10-01, provides: “In this code, unless otherwise specified, the term ‘child’ means ‘minor.’ ” Therefore, whether the Legislature used the word “child” or “minor” is irrelevant, because the terms are equivalent. Additionally, the State asserts if the Legislature wanted N.D.C.C. § 14-10-01 to apply to N.D.C.C. § 19- App.2006) (<HOLDING>); People v. Hardy, 188 Mich.App. 305, 469 Options: A. holding that mother could not be prosecuted under child abuse statute for prenatal use of heroin B. holding that mother may not be prosecuted criminally for child endangerment for prenatal substance abuse C. holding a mother not criminally liable for child endangerment for ingesting heroin while pregnant D. holding a woman may be prosecuted for child neglect and endangering a child for prenatal substance abuse E. holding a mother may not be held criminally liable under a reckless endangerment statute for the effect that prenatal ingestion of a controlled substance may have on her child pre or postbirth

assistant: The best answer is E. holding a mother may not be held criminally liable under a reckless endangerment statute for the effect that prenatal ingestion of a controlled substance may have on her child pre or postbirth
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 doubt or should have questioned the prosecutor’s credibility. We conclude that this determination was an unreasonable determination of the facts because the prosecutor failed to offer any credible justification for striking Jurors 016 and 019. First, we note that the prosecutor consistently identified Jurors 016 and 019 as “both young.” However, the record re veals that Juror 019 was at least a middle-aged grandmother. Indeed, Juror 019 informed the court that she was a retired nurse with seven grown children, the youngest of which had five children of her own. A prosecutor supplied with this information could not credibly identify Juror 019 as young. This incorrect factual statement supports Collins’ argument that the prosecutor was not credible. See McClain, 217 F.3d at 1222 (<HOLDING>); Caldwell v. Maloney, 159 F.3d 639, 651 (1st Options: A. holding that where a treating physicians opinion is contradicted by a consulting physician the alj must explain on the record the reasons for rejecting the opinion of the treating physician B. holding that the white defendants association with a black defendant was not sufficient to give them standing to join in the black defendants batson challenge C. holding that clear and convincing reasons are not required to reject contradicted conclusions of a treating physician D. holding that reasons for excusing black jurors that were objectively contradicted by the record provided evidence of purposeful discrimination E. holding that the alj must make findings setting forth specific and legitimate reasons that are supported by substantial evidence in order to reject the contradicted opinion of a treating physician

assistant: The best answer is D. holding that reasons for excusing black jurors that were objectively contradicted by the record provided evidence of purposeful discrimination
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as set forth on Schedule 8.4 , there are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrower, threatened in writing, at law, in equity, in arbitration or before any Governmental Authority, by or against the Borrower or any of its Restricted Subsidiaries or against any of their properties or revenues that either individually or in the aggregate, would reasonably be expected to have a Material Adverse Effect.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All of Employee’s compensation, including, without limitation, the Base Salary and Bonus, shall be subject to withholding for all applicable federal, state and local employment-related taxes, including income, social security, and similar taxes.

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: All notices, requests and other communications provided for herein and under the Collateral Documents (including, without limitation, any modifications of, or waivers, requests or consents under this Amendment No. 2) shall be given or made in writing (including, without limitation, by telecopy) delivered to the intended recipient in accordance with Section 10.02 of the Amended Credit Agreement.

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 case excerpt and choose the best holding from the options. Case excerpt: BSC urges that the permit condition requiring that AGC meet with the Corps and USFWS within three months of permit issuance to identify additional mitigation opportunities shows that the Corps has not fully developed the required mitigation plan for the project. We have not squarely addressed the question of whether plans to develop additional mitigation measures in the future can satisfy the CWA’s mitigation requirements. However, in a related context, we have held that prospective mitigation plans satisfied NEPA’s mitigation requirements where the plans were “developed to a reasonable degree.” Wetlands Action Network v. U.S. Army Corps of Eng’rs, 222 F.3d 1105, 1121 (9th Cir.2000); see also Tillamook County v. U.S. Army Corps of Eng’rs, 288 F.3d 1140, 1144 (9th Cir.2002) (<HOLDING>) (internal quotation marks omitted). The Options: A. holding that birdwatchers interest in preventing adverse environmental effects from agency action fell squarely within the zone of interests of nepa B. holding that the corps was not required under nepa to develop a complete mitigation plan detailing the precise nature of the mitigation measures nor were the measures required to completely compensate for adverse environmental impacts C. holding eis must be prepared where monitoring and mitigation measures were uncertain D. holding that eas satisfied nepa where they considered appropriate alternatives including mitigation measures E. holding that a verdict form specifying the jurys mitigation findings is not required

assistant: The best answer is B. holding that the corps was not required under nepa to develop a complete mitigation plan detailing the precise nature of the mitigation measures nor were the measures required to completely compensate for adverse environmental impacts
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: have investigated his own case prior to filing suit. Ver-kin, 784 S.W.2d at 95-96. Farmers denied Perrotta’s claim a year and a half before Perrotta filed this suit. A March 1999 scheduling order afforded notice to both parties that trial of the contractual claims was set for November 8, 1999. Additionally, the trial court’s denial of an agreed motion for continuance, on September 13, 1999, alerted Perrotta to the unlikelihood •that the November trial date would be continued. This case had been on file for over seven months when Farmers filed its summary judgment motion, and the hearing on the motion took place nineteen days before the scheduled trial date. Hence, the length of time this case had been on file does not suggest an abuse of discretion. Cf. Levinthal, 902 S.W.2d 508, 512 (<HOLDING>). Perrotta asserted in his motion for Options: A. holding trial court abused its discretion when case had been on file for only three months the discovery sought was material to the plaintiffs claims and the plaintiff exercised due diligence in obtaining discovery B. holding that the trial court abused its discretion in determining that adequate time for discovery had passed because movant successfully resisted nonmovants attempts to obtain discovery C. holding that a discovery exception to a statute of limitation applies only to the discovery of facts not discovery of the law D. holding that district court did not abuse its discretion by denying motion to extend discovery where no effort was made to explain why the requested discovery could not have taken place within the original discovery period E. holding that the trial court abused its discretion by entering a dismissal where the plaintiffs were at sea when the trial court granted its discovery order and were therefore unavailable to be renoticed for their depositions

assistant: The best answer is A. holding trial court abused its discretion when case had been on file for only three months the discovery sought was material to the plaintiffs claims and the plaintiff exercised due diligence in obtaining discovery
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) The Closing shall take place remotely via the exchange of documents and signatures by electronic mail and overnight courier service on (i) the second (2 nd ) Business Day following the satisfaction (or, to the extent permitted hereby and by applicable Law, waiver) of the conditions set forth in Article VIII (other than the conditions that by their nature are to be satisfied by actions to be taken on the Closing Date, but subject to the waiver or satisfaction of such conditions) or (ii) at such other time and place as the Parties may mutually agree in writing. The date on which the Closing occurs is called the “ Closing Date .” The Closing shall be deemed to occur and be effective as of 12:01 a.m. on the Closing Date.

assistant: Closings
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: well-established Michigan precedent, we conclude that the offense of larceny from the person in Michigan does not have as an element force, attempted use of force, or threatened use of physical force. The remaining issue is whether larceny from the person is a crime that “by its nature, presents] a serious potential risk of physical injury to another.” See U.S.S.G. § 4B1.2 commentary, applic. note 1. We apply a categorical approach to determine whether a particular offense creates a serious risk of physical injury to a person. See United States v. Arnold, 58 F.3d 1117, 1121 (6th Cir.1995) (interpreting Taylor v. United States, 495 U.S. 575, 110 S.Ct. 2143, 109 L.Ed.2d 607 (1990), to apply to the Sentencing Guidelines); United States v. Kaplansky, 42 F.3d 320 (6th Cir.1994) (en banc) (<HOLDING>). “[T]he eategorical approach avoids the Options: A. holding that attempted burglary as defined by florida law is a violent felony under acca B. holding that kidnaping by deception under ohio law is a violent felony as a matter of law under 18 usc 924e2bii C. holding that vehicular manslaughter qualifies as a violent felony under section 924e2bii in that it involves conduct that presents a serious potential risk of physical injury to another D. holding that a felony driving under the influence conviction was not a violent felony under the acca because it differed from other crimes such as burglary explicitly listed in 924e2bii E. holding for the purposes of 18 usc 924e that being a felon in possession of a firearm is not a violent felony as defined in 18 usc 924e2b

assistant: The best answer is B. holding that kidnaping by deception under ohio law is a violent felony as a matter of law under 18 usc 924e2bii
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 precluding him from calling as a witness the assistant public defender, who represented Guilford at the December 7, 2001 hearing, to testify that Cesar appeared to be under the influence of drugs on that date. However, as we have previously stated, such evidence is not permitted. See Koehler, 737 A.2d at 239-40 (citations omitted). Thus, the trial court did not abuse its discretion in precluding the proffered evidence. ¶ 10 Guilford next asserts that the trial court erred in admitting evidence of another robbery with which he was charged. The evidence to which Guilford objects occurred during the testimony of two police officers. The first officer testified that, while he was speaking to Cesar after the robbery, he received a radio message that other officers “had a m 7 (1980) (<HOLDING>). ¶ 12 However, even if Guilford had properly Options: A. holding an objection untimely when raised after the testimony has been heard such that the issue would not be considered on appeal B. holding that a proper objection must be made after the question calling for objectionable testimony is asked and before the ivitness answers C. holding that the defendants objection was untimely when he waited until the end of the prosecutors closing argument to raise it D. holding that motion for mistrial was untimely where defendant waited two or three minutes after the objectionable testimony occurred to make objection E. holding that notice was untimely where the attorney waited to establish the lien until approximately two months after the case concluded

assistant: The best answer is D. holding that motion for mistrial was untimely where defendant waited two or three minutes after the objectionable testimony occurred to make objection
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: To the extent applicable, this Plan shall be interpreted in accordance with, and incorporate the terms and conditions required by, Section 409A of the Code and Department of Treasury regulations and other interpretive guidance issued thereunder, including without limitation any such regulations or other guidance that may be issued after the adoption of this Plan. Notwithstanding any provision of this Plan to the contrary, in the event that the Company determines that any amounts payable hereunder will be immediately taxable to you under Section 409A of the Code and related Department of Department of Treasury guidance, to the extent permitted under Section 409A of the Code, the Company may, to the extent permitted under Section 409A of the Code (i) cooperate in good faith to adopt such amendments to this Plan and appropriate policies and procedures, including amendments and policies with retroactive effect, that they determine necessary or appropriate to preserve the intended tax treatment of the benefits provided by this Plan, preserve the economic benefits of this Plan and/or (ii) take such other actions as mutually determined necessary or appropriate to exempt the amounts payable hereunder from Section 409A of the Code or to comply with the requirements of Section 409A of the Code and thereby avoid the application of penalty taxes under such section. To the extent applicable, each of the exceptions to Code Section 409A’s prohibition on acceleration of payments of Deferred Compensation provided under Treasury Regulation 1.409A-3(j)(4) shall be permitted under the Plan.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: evidence test.”) (internal quotation marks omitted), rev’d on other grounds, 521 U.S. 457, 117 S.Ct. 2130, 138 L.Ed.2d 585 (1997). Substantial evidence means such relevant evidence as a reasonable mind might accept as adequate to support a conclusion. Richardson v. Perales, 402 U.S. 389, 401, 91 S.Ct. 1420, 28 L.Ed.2d 842 (1971). We consider the record as a whole, weighing both the evidence that supports and the evidence that detracts from the Secretary's decision. See Mayes v. Massanari, 276 F.3d 453, 459 (9th Cir.2001). 20 . In so holding, we necessarily determine that no reasonable person could conclude on this record that Kennewick Man is "Native American" under NAGPRA. See Allentown Mack Sales & Serv., Inc. v. NLRB, 522 U.S. 359, 366-67, 118 S.Ct. 818, 139 L.Ed.2d 797 (1998) (<HOLDING>). 21 . As pointed out by amici Texas Historical Options: A. holding that a finding of fact is supported by substantial evidence on the record as a whole if it would have been possible for a reasonable jury to reach the boards conclusion B. holding that under the substantial evidence standard the reviewing court must decide whether on this record it would have been possible for a reasonable jury to reach the agencys conclusion C. holding that it was not an abuse of discretion for the trial court to exclude an agency finding of no discrimination on the ground that the report would suggest to the jury that it should reach the same conclusion as the agency D. holding that in reviewing a jury instruction this court must review the entire instruction and look at all the evidence on the record to determine whether there was error and whether that error prejudiced the complaining party E. holding that a reviewing courts task is to determine whether there was substantial evidence before the administrative agency on the record as a whole to support the agencys conclusions

assistant: The best answer is B. holding that under the substantial evidence standard the reviewing court must decide whether on this record it would have been possible for a reasonable jury to reach the agencys conclusion
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 expressly provided otherwise in this Agreement, if you die while employed by the Corporation or any Subsidiary, your RSUs will become 100% vested. RSUs subject to vesting acceleration due to death will settle as described in Section 5.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: A.2d 884 (Me.1984) (lengthy consideration of strict foreclosure). 15 . For example, as discussed supra, if the mortgagee is the high bidder, a surplus or deficiency is computed with reference to the property’s fair market value, rather than the amount of the successful bid. See § 6324. 16 . This conclusion also places my analysis outside the judicial dialogue concerning the operative moment in a foreclosure process for determining when the mortgagee/debtor loses the right to cure pursuant to §§ 1322(b)(2), (3), and (5) after the enactment of § 1322(c)(1) Compare In re Rambo, 199 B.R. 747 (concluding that the completion of all the required steps of a foreclosure sale under state law determines when a sale is "conducted" for the purpose of § 1322(c)(1)) with In re McCarn, 218 B.R. 154 (<HOLDING>) and In re Sims, 185 B.R. 853 (offering an Options: A. holding that the debtor is entitled to cure the arrearage until entry of an order confirming the foreclosure sale completes the foreclosure process under oklahoma law B. holding that 1322c1 did not allow debtors to cure home mortgage defaults after a foreclosure sale regardless of state law redemption rights C. holding that 1322c1 is not ambiguous that the debtors cure right terminates on the date of the foreclosure sale regardless of the intricacies of the state foreclosure sale process and refusing to attach significance to the legislative record indicating that more extensive cure rights under state law persevere D. holding that the debtor had the right to cure the default because the foreclosure sale was not complete under state law until it was confirmed by a court E. holding that debtor could not cure and maintain mortgage after foreclosure sale in case decided prior to effective date adding 1322c1

assistant: The best answer is C. holding that 1322c1 is not ambiguous that the debtors cure right terminates on the date of the foreclosure sale regardless of the intricacies of the state foreclosure sale process and refusing to attach significance to the legislative record indicating that more extensive cure rights under state law persevere
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 closings (each, a “ Closing ”) of the purchase and sale of the shares of Common Stock being offered and sold to the Investor by the Company pursuant to this Agreement (the “ Securities ”) in exchange for the applicable purchase prices, shall take place upon acceptance of Investor’s funds and countersignature by the Company of this Agreement. There will be up to three separate Closings (the date of each such Closing is hereinafter referred to as a “ Closing Date ”).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall become effective when it shall have been executed by each Loan Party, each Agent and each Lender and when the conditions precedent set forth in Section 5.01 hereof have been satisfied or waived in writing by the Agents, and thereafter shall be binding upon and inure to the benefit of each Loan Party, each Secured Party, and their respective successors and assigns, except that the Loan Parties shall not have the right to assign their rights hereunder or any interest herein without the prior written consent of each Agent and each Lender, and any assignment by any Lender shall be governed by Section 12.07 hereof.

assistant: Binding Effects
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 waiver of any of the provisions of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed or be construed as a further, continuing or subsequent waiver of any such provision or as a waiver of any other provision of this Agreement. No failure to exercise and no delay in exercising any right, remedy or power hereunder will preclude any other or further exercise of any other right, remedy or power provided herein or by law or in equity.

assistant: No Waivers