flwrlabs/fed-legal huggingface dataset:
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: McDonald, 88 Tex. 626, 630, 33 S.W. 325 (Tex.1895). A collateral attack on a judgment is an attempt to avoid its binding force in order to obtain specific relief that the judgment currently impedes. Browning v. Prostok, 165 S.W.3d 336, 346 (Tex.2005); Crawford, 88 Tex. at 630, 33 S.W. 325. Examples of a collateral attack include when a party seeking to dissolve a writ of garnishment assails the underlying judgment. See Stewart v. USA Custom Paint & Body Shop, Inc., 870 S.W.2d 18, 19-20 (Tex.1994). A voidable judgment is subject to direct attack only; it cannot be collaterally attacked. See Rivera, 379 S.W.3d at 271 (“A litigant may attack a void judg ment directly or collaterally, but a voidable judgment may only be attacked directly.”); see also Burlington State Bank, 207 S.W. at 956 (<HOLDING>). It is well established that a voidable Options: A. recognizing bankruptcy courts jurisdiction over such a collateral attack B. recognizing collateral attack on void order C. holding that a judgment establishing a partys exclusive light to use a trade name was not subject to collateral attack D. holding that a judgment as to the title in a prior litigation was not subject to collateral attack E. holding that dormant judgment is voidable and therefore not subject to collateral attack

assistant: The best answer is E. holding that dormant judgment is voidable and therefore not subject to collateral attack
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 concerns a California resident, and all questions with respect to this Agreement and the rights and liabilities of the parties shall be governed by the laws of that state, regardless of the choice of law provisions of California or any other jurisdiction.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Sellers shall (at their own expense) promptly execute and deliver such documents and perform such acts as the Buyer may require from time to time for the purpose of giving full effect to this Agreement, including (without limitation) the transfer of the Assets.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each Secured Party, by accepting the benefits of the Loan Documents, agrees that (i) any action taken by Agent or the Required Lenders (or, if expressly required hereby, a greater proportion of the Lenders) in accordance with the provisions of the Loan Documents; (ii) any action taken by Agent in reliance upon the instructions of Required Lenders (or, where so required, such greater proportion); and (iii) the exercise by Agent or the Required Lenders (or, where so required, such greater proportion) of the powers set forth herein or therein, together with such other powers as are reasonably incidental thereto, shall be authorized and binding upon all of the Secured Parties.

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: Use of Proceeds . On or after the Second Third Amendment Effective Date, use the proceeds of the Term Loan and Extensions of Credit under the Revolving Credit Facility to (a) pay fees, commissions and expenses incurred in connection with the Second Third Amendment and (b) finance ongoing working capital requirements and other general corporate purposes (including permitted payments of Debt, permitted share repurchases, permitted dividends and Permitted Acquisitions).

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 Company shall use the net proceeds hereunder as set forth on Schedule 4.9 attached hereto, and shall not use such proceeds: (a) for the satisfaction of any portion of the Company's debt (other than payment of trade payables in the ordinary course of the Company's business and prior practices), except as may be agreed to between the parties and memorialized on Schedule 4.9, (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

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 Company shall reimburse Buyer for any and all reasonable and accountable expenses incurred by them in connection with the negotiation, preparation, execution, delivery and performance of this Agreement and the other agreements to be executed in connection herewith (“Documents”), including, without limitation, reasonable attorneys’ and consultants’ fees and expenses, fees relating to any amendments or modifications of the Documents or any consents or waivers of provisions in the Documents and costs of restructuring the transactions contemplated by the Documents. When possible, the Company must pay these fees directly, including, but not limited to, any and all wire fees, otherwise the Company must make immediate payment for reimbursement to the Buyer for all fees and expenses immediately upon written notice by the Buyer or the submission of an invoice by the Buyer. At Closing, the Company’s initial obligation with respect to this transaction is to reimburse Buyer’s legal expenses shall be $2,750 plus the cost of wire fees.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: 40-23-114, concerning the implementation of a lethal injection protocol, is an unconstitutional delegation of legislative authority to the executive branch by permitting “the department of correction ... to promulgate necessary rules and regulations to facilitate the implementation” of a death sentence. T.C.A. § 40-23-114(e). The State argues that the legislature has determined a conviction of first degree murder accompanied by aggravating circumstances is punishable by death and that the method of execution shall be lethal injection. Allowing the department of correction to establish a protocol for the implementation of lethal injection does not constitute an unconstitutional delegation of legislative authority. See Abdur’Rahman v. Bredesen, 181 S.W.3d 292, 309-310 (Tenn. 2005) (<HOLDING>). Defendant argues that Tennessee Code Options: A. recognizing 1983 substantive due process claim B. holding that dna act violates neither substantive nor procedural due process under the fifth amendment C. holding transfer eligibility rule did not deny the student equal protection of the laws or procedural or substantive due process under the fourteenth amendment D. holding that the facts did not measure up to the standard expressed for determining procedural due process E. holding that the department of correction may be tasked with determining protocol without violating substantive or procedural due process

assistant: The best answer is E. holding that the department of correction may be tasked with determining protocol without violating substantive or procedural due process
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: its Order of May 16, 2003, and, find good cause exists to issue a new Order,” entitling plaintiff to present his case and put forth all evidence before a jury. Under the Internal Revenue Service Restructuring and Reform Act of 1998, 112 Stat. 685, 746, Congress enacted Internal Revenue Code § 6330 (pertaining to levies) to provide certain due process protections in connection with tax collection matters. Under § 6330(a), the IRS is required to give notice to the taxpayer before imposing a levy of his/her right to request a collection due process hearing with the IRS Appeals Office within thirty (30) days of the notice. 26 U.S.C. § 6330(a)(3)(B). Following the hearing, the IRS sends a Notice of Determination to the taxpayer that summarizes the matters raised 2 (N.D.Ohio Dec. 11, 2001) (<HOLDING>). In light of the above, the Court denies Options: A. holding that a reviewing court can only address matters raised by the taxpayer at the cdp hearing B. holding that a reviewing court will not address those issues not raised below or not addressed by the trial court C. holding that under florida law a court hearing a case on a motion for a summary judgment can only consider those issues raised by the pleadings D. recognizing the general rule that an appellate court will not address matters that were not raised or decided in the trial court E. holding that a question that is not raised or passed upon in the lower court cannot be considered by a reviewing court

assistant: The best answer is A. holding that a reviewing court can only address matters raised by the taxpayer at the cdp hearing
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 claims, demands or Proceedings pending or, to the Knowledge of Sprint, threatened against Sprint or any of its Affiliates that seeks to enjoin the Transaction Documents or the Transactions or otherwise prevent Sprint from performing its obligations under the Transaction Documents or consummating the Transactions. There is no judgment, decree, injunction, rule, order, writ, decree or award of any court, Governmental Entity, arbitrator or other governmental or regulatory official, body or authority outstanding against Sprint or any of its Affiliates, and there are no unsatisfied judgments against Sprint or any of its Affiliates, in each case, that would have a material adverse effect on Sprint’s ability to consummate the Transactions.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: court detailing its assets and liabilities, as well as a plan of reorganization outlining how it intended to pay res creditors. One of its assets was its stayed claim against Nestlé Waters. The disclosure statement described the claim as “a counterclaim asserted by the Debtor against Nestlé Waters North American, Inc. in arbitration pending in Chicago, IL,” which “remain[ed] unliquidated and ha[d] unknown value.” B.R. 169, Pg. ID 3. And Mountain Glacier’s plan indicated that this arbitration claim would be transferred to the “Reorganized Debtor”—i.e., Mountain Glacier—upon the plan’s confirmation. B.R. 203, Pg. ID 8-9. Nestlé Waters says that res judi-cata bars Mountain Glacier’s attempt to restart the companies’ arbitration. See Browning v. Levy, 283 F.3d 761, 772 (6th Cir. 2002) (<HOLDING>). But, as all parties here recognize, res Options: A. holding that earlier suits different legal theory did not save the later action from the res judicata bar because the central factual issues are identical B. holding that res judicata barred a claim that had been voluntarily abandoned in a previous litigation C. holding that res judicata can bar later litigation of reorganized debtors preexisting legal claims D. holding that res judicata did not bar debtors objection to creditors proof of claim where the plan expressly reserved the general right to assert postconfirmation objections to claims E. holding that res judicata does not bar those claims that arose after the original pleading is filed in the earlier proceeding

assistant: The best answer is C. holding that res judicata can bar later litigation of reorganized debtors preexisting legal claims
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Lease shall be construed in accordance with the laws of the State in which the Project is located. Exclusive venue in any legal proceeding related to or arising out of this Lease shall be in the county and state where the Premises are located, and Tenant submits to personal jurisdiction and venue in such forum.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: you also acknowledge the risk that you or your organization may be mistakenly associated with content about others when we let connections and followers know you or your organization were mentioned in the news .

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: Neither the execution and delivery of this Agreement or the other Loan Documents by any Loan Party nor the consummation of the Transactions or compliance with the terms and provisions hereof or thereof by any of them will (a) conflict with, constitute a default under or result in any breach of (i) the terms and conditions of the certificate or articles of incorporation, bylaws, certificate of limited partnership, partnership agreement, certificate of formation, limited liability company agreement or other organizational documents of any Loan Party, (ii) any Requirement of Law or (iii) any agreement or instrument or order, writ, judgment, injunction or decree to which any Loan Party or any of its Subsidiaries is a party or by which it is bound or to which it or any of its Subsidiaries is subject, or (b) other than any Lien securing the Obligations, result in (or require) the creation or enforcement of any Lien, charge or encumbrance whatsoever upon any property (now or hereafter acquired) of any Loan Party or any of its Subsidiaries; except (in the case of clauses (a)(ii) and (iii)), to the extent that such conflict, default or breach would not, individually or in the aggregate, reasonably be expected to result in a Material Adverse Effect.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: seriously injured four other people (three children and one adult). For his actions, Foxglove was convicted of one count of manslaughter and five counts of first-degree assault. AS 11.41.120(a)(1); AS 11.41.200(a)(1). He received a composite sentence of 25 years’ imprisonment with 6 years suspended (19 years to serve). Foxglove appeals this sentence, contending it is excessive. We affirm the sentence. Foxglove’s offenses — manslaughter and first-degree assault — are class A felonies with maximum sentences of 20 years’ imprisonment. AS 11.41.120(b); AS 11.41.200(b); AS 12.55.125(c). Foxglove was a first felony offender; he therefore faced a presumptive term of 5 years’ imprisonment for each of his crimes. AS 12.55.125(c)(l)-(2); Pruett v. State, 742 P.2d 257, 262-03 (Alaska App.1987) (<HOLDING>). Superior Court Judge Michael I. Jeffery found Options: A. recognizing that section 77508435la prohibits trial courts from withholding an adjudication of guilt on a defendant convicted of a firstdegree felony B. holding that firstdegree sexual abuse is a lesserincluded offense of firstdegree rape C. holding that firstdegree sexual abuse is a lesserincluded offense of firstdegree sodomy D. holding error is not harmless when the accused is convicted of firstdegree murder on a general verdict after a trial in which premeditation and felony murder theories are espoused if the felony underlying the felony murder charge is based on a legally unsupportable theory E. holding that a 5year presumptive term applies to first felony offenders convicted of firstdegree assault under as 1141200a1

assistant: The best answer is E. holding that a 5year presumptive term applies to first felony offenders convicted of firstdegree assault under as 1141200a1
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 U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 440 U.S. 445 99 S.Ct. 1200 59 L.Ed.2d 442 James C. ANDERS, Solicitor of Richland County,v.Jesse J. FLOYD. No. 77-1255. March 5, 1979. Rehearing Denied April 23, 1979. See 441 U.S. 928, 99 S.Ct. 2043. PER CURIAM. 1 The motion of Legal Defense Fund for Unborn Children for leave to file a brief, as amicus curiae, is denied. 2 The motion of David Gaetano for leave to file a brief, as amicus curiae, is granted. 3 Appellee was indicted by a grand jury of Richland County, S. C., for criminal abortion and murder in connection with the abortion of a 25-week-old fetus. The District Court enjoined the prosecution, concluding that under Roe v. Wade, 410 U.S. 113, 98 S.Ct. 705, 35 L.Ed.2d 147, (1973), there was no possibility of obtaining a constitutionally binding conviction of appellee. 440 F.Supp. 535 (1977). Because the District Court may have reached this conclusion on the basis of an erroneous concept of "viability," which refers to potential, rather than actual, survival of the fetus outside the womb, Colautti v. Franklin, 439 U.S. 379, 389, 99 S.Ct. 675, 682, 58 L.Ed.2d 596 (1979) the judgment is vacated and the case is remanded to the United States District Court for the District of South Carolina for further consideration in light ofColautti. 4 In addition, it is suggested, in view of the alternative constructions of the South Carolina criminal statutes that are available, that the District Court give further consideration to the possibility of abstention, at least in part, in deference to the pendency of the state-court proceeding. 5 Vacated and remanded. 6 Mr. Justice STEWART dissents.

assistant: 5
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 paternity against a man other than the one signing the paternity acknowledgment. Such distinction is of critical importance to the analysis of the applicability of principles of res judicata since the preclu-sive effect of res judicata attaches only to parties to the original action. In Michael George, once the action was initiated Wyatt, 475 So.2d 1332, 1334 (Fla.Dist.Ct.App.1985) (finding that child not party to first action not barred by res judicata because child and mother are not in privity due to divergent interests); In re M.D.H., 437 N.E.2d 119, 130 (Ind.Ct.App. 1982) (finding res judicata inapplicable to child support petition of child because earlier action was not filed by or in the name of the child); Baker by Williams v. Williams, 503 So.2d 249, 254-55 (Miss.1987) (<HOLDING>). Thus, the difference in result between the Options: A. holding that the trial judge had the power to incorporate a settlement agreement in a decree following the entry of a decree of divorce B. holding that adjudication of paternity in divorce decree is not binding on the child C. recognizing a divorce decree which incorporates a property settlement agreement is a final and conclusive adjudication D. holding that an adjudication on summary judgment is an adjudication on the merits E. holding that a paternity determination in which the child is not made a party and is not represented by a guardian ad litem is not binding on the child

assistant: The best answer is B. holding that adjudication of paternity in divorce decree is not binding on the child
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 Issuer shall cause the Servicer to pay to the Owner Trustee as compensation for its services hereunder such fees as have been separately agreed upon before the date hereof between the Servicer and the Owner Trustee, and the Issuer shall cause the Servicer to reimburse the Owner Trustee for its other reasonable expenses hereunder, including the reasonable compensation, expenses and disbursements of such agents, representatives, experts and counsel as the Owner Trustee may employ in connection with the exercise and performance of its rights and its duties hereunder and under the Basic Documents.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Id. at 704. Our holding in Abvr-Dalbouh has persuasive value here because the UCCJEA that we apply here includes a provision similar to the UCCJA’s provision regarding the subject-matter jurisdiction of Minnesota courts that extends to international child-custody matters. Compare Minn.Stat. § 518A.23 (1998) (repealed 1999) (providing that “the general policies of [the UC-CJA] extend to international proceedings”) with Minn.Stat. § 518D.105 (providing that Minnesota courts must treat a foreign country as if it were a state of the United States for the purpose of applying the general and jurisdictional provisions of the UCCJEA, and (2008) (observing that the UCCJEA treats a foreign country as a state of the United States); In re Calderon-Garza, 81 S.W.3d 899, 902-04 (Tex.App.2002) (<HOLDING>). Although these cases do not involve children Options: A. holding that a child born to an intact marriage cannot be the subject of a paternity proceeding brought by a biological father and determining it was fundamental error for the trial court to grant relief pursuant to a nonexistent cause of action B. holding that texas district court had subjectmatter jurisdiction over paternity proceeding regarding minor born in texas and taken to mexico by mother a mexican citizen one day before putative father commenced paternity action C. holding that georgia district court had subjectmatter jurisdiction over childcustody proceeding regarding minor with dual italian and united states citizenship when one parent was citizen of and resided in italy D. holding that alleged biological father who sought to establish paternity waived constitutional error though it was undisputed that father had received no notice or hearing on prior paternity adjudication that created bar E. holding that although a putative father had standing to bring a paternity action the action could not proceed and the blood tests could not be ordered unless the trial court determined that the paternity action would serve the best interest of the child

assistant: The best answer is B. holding that texas district court had subjectmatter jurisdiction over paternity proceeding regarding minor born in texas and taken to mexico by mother a mexican citizen one day before putative father commenced paternity action
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The provisions of this Article 12 shall remain in effect until this Agreement has terminated pursuant to its terms and all Obligations (other than inchoate indemnity obligations and any other obligations which, by their terms, are to survive the termination of this Agreement) have been paid and satisfied in full.

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: to an unlawful assertion of police authority. The officer erroneously advised the defendant that blood could be drawn without a warrant. See lead op., ¶ 6. Accordingly, I conclude that the results of the warrantless blood draw should be suppressed. ¶ 147. For the reasons set forth, I dissent. ¶ 148. I am authorized to state that Justice ANN WALSH BRADLEY joins this opinion. 2 Birchfield v. North Dakota, 136 S. Ct. 2160, 2173 (2016); Skinner v. Ry. Labor Execs.' Ass'n, 489 U.S. 602, 616-17 (1989); Schmerber v. California, 384 U.S. 757, 767-68 (1966). 3 All subsequent references to the Wisconsin Statutes are to the 2015-16 version unless otherwise indicated. The 2015-16 version of § 343.305 is the same as the 2013-14 version. 4 See, e.g., State v. Butler, 302 P.3d 609, 613 (Ariz. 2013) (<HOLDING>); People v. Mason, 214 Cal. Rptr. 3d 685, 702 Options: A. holding that independent of the implied consent law the fourth amendment requires an arrestees consent to be voluntary to justify a warrantless blood draw B. holding that implied consent that has been withdrawn or revoked by a suspect cannot serve as a substitute for the free and voluntary consent that the fourth amendment requires C. holding that the implied consent law allows law enforcement officers to obtain blood in circumstances in which a warrant or actual consent may otherwise be required D. holding that the dissipation of alcohol from a persons blood stream constitutes a sufficient exigency to justify a warrantless blood draw E. holding that the implied consent statutes are irrelevant when the defendant gives actual consent to a blood or breath test

assistant: The best answer is A. holding that independent of the implied consent law the fourth amendment requires an arrestees consent to be voluntary to justify a warrantless blood draw
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 shall have paid to the Administrative Agent (x) all fees due and owing pursuant to those certain Fee Letters dated as of February 18, 2018 by and among the Borrower, the Administrative Agent, and PNC Capital Markets LLC, and (y) any costs and expenses of the Administrative Agent, including without limitation, reasonable fees of the Administrative Agent's counsel in connection with this Amendment.

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: 104 S.Ct. 2528, their actions do not offend the Due Process Clause. See also Arizona v. Youngblood, 488 U.S. 51, 58, 109 S.Ct. 333, 102 L.Ed.2d 281 (1988) (“[U]nless a criminal defendant can show bad faith on the part of the police, failure to preserve potentially useful evidence does not constitute a denial of due process of law.”); United States v. Jobson, 102 F.3d 214, 218 (6th Cir.1996) (noting that the unconstitutionality of a failure to “preserve evidence whose exculpatory value is indeterminate” turns on (1) the government’s “bad faith in failing to preserve the evidence,” (2) whether “the exculpatory value of the evidence was apparent before its destruction” and (3) whether “the nature of the evidence was such that the defendant would be unable to obtain comparable evidence by (<HOLDING>); United States v. Wright, 260 F.3d 568, 571 Options: A. holding in a case involving a deaf person arrested for drunk driving that calling a drunk driving arrest a program or activity of the county the essential eligibility requirements of which in this case are weaving in traffic and being intoxicated strikes us as a stretch of the statutory language and of the underlying legislative intent B. holding that misdemeanor drunk driving by its very nature involves conduct that presents a serious potential risk of physical injuiy to another C. holding that driving records were nontestimonial D. holding certificates of inspection of a breathalyzer were nontestimonial business records E. holding that samples of breath taken from a breathalyzer test were only potentially useful to a criminal defendant convicted of drunk driving

assistant: The best answer is E. holding that samples of breath taken from a breathalyzer test were only potentially useful to a criminal defendant convicted of drunk driving
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: 1, 3 (2006), appeal dismissed, 236 Fed.Appx. 615 (Fed.Cir.), reh’g denied (Fed. Cir.), cert. denied, 552 U.S. 1050, 128 S.Ct. 675, 169 L.Ed.2d 529 (2007); Agee v. United States, 72 Fed.Cl. 284, 290 (2006); Zhengxing v. United States, 71 Fed.Cl. 732, 739, aff'd, 204 Fed.Appx. 885 (Fed.Cir.), reh’g denied (Fed. Cir. 2006), Plaintiffs’ claims sounding in tort, such as misrepresentation and conspiracy, must be dismissed for lack of subject matter jurisdiction. To the extent that plaintiffs are alleging acts of criminal conduct, such as criminal conspiracy, identity theft, criminal fraud, and racketeering, this court also lacks jurisdiction to adjudicate those claims. See Joshua v. United States, 17 F.3d 378, 379 (Fed.Cir.1994): see also Cooper v. United States, 104 Fed.Cl. 306, 312 (2012) (<HOLDING>) (internal citations omitted); Mendes v. United Options: A. holding that this court does not have jurisdiction over plaintiffs claims because the court may review neither criminal matters nor the decisions of district courts B. holding that this court does not have jurisdiction over tax claims for declaratory or equitable relief C. holding federal district courts do not have jurisdiction over challenges to state court decisions in particular cases arising out of judicial proceedings even if those challenges allege that the state courts action was unconstitutional review of those decisions may be had only in this united states supreme court D. holding that the court of claims did not have jurisdiction over plaintiffs first amendment claim of improper removal E. holding that the court does not have jurisdiction to review per curiam decisions of the district courts of appeal that merely affirm with citations to cases not pending review in this court

assistant: The best answer is A. holding that this court does not have jurisdiction over plaintiffs claims because the court may review neither criminal matters nor the decisions of district courts
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: All covenants, agreements, representations and warranties made by the Issuer herein and in the certificates, reports, notices or other instruments delivered in connection with or pursuant to this Agreement shall be considered to have been relied upon by the other parties hereto and shall survive the execution and delivery of this Agreement and the other Note Documents and the issuance and purchase of any Notes, regardless of any investigation made by any such other party or on its behalf and notwithstanding that the Collateral Agent or any Purchaser may have had notice or knowledge of any Default or incorrect representation or warranty at the time any credit is extended hereunder, and shall continue in full force and effect as long as the principal of or any accrued interest on any Note or any fee or any other amount payable under this Agreement is outstanding and unpaid and so long as the Commitments have not expired or terminated. The provisions of Sections 2.15 , 2.16 , 2.17 , and 10.3 and Article IX shall survive and remain in full force and effect regardless of the consummation of the transactions contemplated hereby, the repayment of the Notes, the expiration or termination of the Commitments or the termination of this Agreement or any provision hereof.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Whenever any payment of cash is to be made by the Company to Lender pursuant to this Note, such payment shall be made in lawful money of the United States of America by, at the Company ’ s option, a check drawn on the account of the Company and sent via overnight courier service to Lender at the address previously provided to the Company in writing (which address shall initially be the address for Lender as set forth in the Note Agreement), electronic funds transfer, or wire transfer of immediately available funds, to an account designated in writing by Lender. Whenever any payment to be made shall otherwise be due on a day which is not a business day, such payment shall be made on the immediately succeeding business day and such extension of time shall be included in the computation of accrued interest.

assistant: Payments
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: During the term of Executive's employment with the Company pursuant to this Agreement, the Company shall pay to Executive as compensation for Executive’s services an annual base salary of not less than $500,000.00 (“Base Salary”). Executive's Base Salary will be payable in arrears in accordance with the Company's normal payroll procedures and will be reviewed annually and subject to upward adjustment at the discretion of Executive’s direct supervisor. Nothing in this Agreement entitles Executive to an annual base salary of more than the above-referenced Base Salary amount.

assistant: Base Salary
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: but held that the lower court should have abstained. The debtor appealed that decision. The First Circuit reversed. Central to the decision making of the Court was its view that unlike the pre-petition claim in Marathon, post-petition contracts do not involve rights “independent of” or “antecedent to” the filing of the bankruptcy petition. In those circumstances, the First Circuit had no difficulty placing the action within the definitional provisions contained in § 157(b). Writing for the panel, Judge Breyer reasoned that “[t]he action of a debtor-in-possession to collect a post-petition debt arising from the sale of the estate’s assets, unlike a suit to recover a pre-petition debt, falls ver a post-petition account receivable to be core); In re Franklin Computer, Corp., supra, (<HOLDING>); In re All American of Ashburn, Inc., 49 B.R. Options: A. holding that debt from debtor to bank in the form of chargebacks to the debtors account for credit card transaction rescissions was prepetition debt even though customers rescinded transactions postpetition and the bank therefore chargedback postpetition because a customers right to rescind and thereby the banks right to chargeback accrued at the time the customer made a purchase even though such customer exercised his right to rescind postpetition B. holding an action to recover a postpetition account receivable to be core C. holding plaintiff could not recover on nuisance action to recover for alleged damage to property he does not own or rent D. holding an action for postpetition breach of an agreement to purchase property to be a core proceeding E. holding that a postpetition claim under section 1305 is a liability that arises postpetition and relates only to postpetition activity

assistant: The best answer is B. holding an action to recover a postpetition account receivable to be core
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 Warrant Holder agrees to keep confidential any proprietary information relating to the Company delivered by the Company hereunder; provided that nothing herein shall prevent the Warrant Holder from disclosing such information: (i) to any holder of Warrants or Warrant Shares, (ii) to any Affiliate of any holder of Warrants or Warrant Shares or any actual or potential transferee of the rights or obligations hereunder that agrees to be bound by this Section 13(h) , (iii) upon order, subpoena, or other process of any court or administrative agency or otherwise required by law, (iv) upon the request or demand of any regulatory agency or authority having jurisdiction over such party, (v) which has been publicly disclosed, (vi) which has been obtained from any Person that is not a party hereto or an affiliate of any such party, (vii) in connection with the exercise of any remedy, or the resolution of any dispute hereunder (viii) to the legal counsel or certified public accountants for any holder of Warrants or Warrant Shares, or (ix) as otherwise expressly contemplated by this Warrant.

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 legal provision and list the applicable contract clause categories. Provision: The consolidated and consolidating balance sheets, and related statements of income, cash flow and shareholder’s equity, of Borrowers and Subsidiaries that have been and are hereafter delivered to Agent and Lenders, are prepared in accordance with GAAP, and fairly present the financial positions and results of operations of Borrowers and Subsidiaries at the dates and for the periods indicated. All projections delivered from time to time to Agent and Lenders have been prepared in good faith, based on reasonable assumptions in light of the circumstances at such time. Since December 31, 2017, there has been no change in the condition, financial or otherwise, of any Borrower or Subsidiary that could reasonably be expected to have a Material Adverse Effect. No financial statement delivered to Agent or Lenders at any time contains any untrue statement of a material fact, nor fails to disclose any material fact necessary to make such statement not materially misleading. Each Borrower and Subsidiary is Solvent.

assistant: Financial Statements
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: for recusal under 28 U.S.C. § 144 or § 455, must be based upon prejudice from an extra-judicial source.”); United States v. Hernandez, 109 F.3d 1450, 1453 (9th Cir.1997) (“The substantive standard for recusal under 28 U.S.C. § 144 and 28 U.S.C. § 455 is the same: '[Wjhether a reasonable person with knowledge of all the facts would conclude that the judge’s impartiality might reasonably be questioned.’ ") (quoting United States v. Studley, 783 F.2d 934, 939 (9th Cir. 1986)). To the extent the standard under the sections differ, it is that section 144 requires proof of actual bias whereas section 455(a) requires only the reasonable appearance of bias. Hoffman v. Caterpillar, Inc., 368 F.3d 709, 718 (7th Cir.2004); cf. Apple v. Jewish Hosp. & Med. Ctr., 829 F.2d 326, 333 (2d Cir. 1987) (<HOLDING>). Accordingly, a failure to show an appearance Options: A. holding this court may affirm on any grounds supported by the record even if different from the district courts grounds B. holding that the statement of specific grounds in a motion for a new trial waives all other grounds not specified C. recognizing that while section 455a provides broader grounds for disqualification than 144 when as here a party has not alleged any grounds for recusal other than those relating to the district courts alleged bias or prejudice those broader grounds are not implicated D. holding that where specific grounds for an objection are stated at trial all other grounds are waived and will not be considered for the first time on appeal E. recognizing that this court may affirm summary judgment on grounds other than those relied upon by the motion justice

assistant: The best answer is C. recognizing that while section 455a provides broader grounds for disqualification than 144 when as here a party has not alleged any grounds for recusal other than those relating to the district courts alleged bias or prejudice those broader grounds are not implicated
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 U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 498 U.S. 336 111 S.Ct. 805 112 L.Ed.2d 837 OHIO, petitionerv.Ediberto HUERTAS. No. 89-1944. Supreme Court of the United States January 22, 1991 Rehearing Denied Feb. 19, 1991. See 498 U.S. 1115, 111 S.Ct. 1027. PER CURIAM. 1 The writ of certiorari is dismissed as improvidently granted.

assistant: 9
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: If any provision or provisions of this Agreement shall be held to be invalid, illegal or unenforceable for any reason whatsoever, then: (a) the validity, legality and enforceability of the remaining provisions of this Agreement (including, without limitation, all portions of any paragraphs of this Agreement containing any such provision held to be invalid, illegal or unenforceable that are not themselves invalid, illegal or unenforceable) shall not in any way be affected or impaired thereby; and (b) to the fullest extent possible, the provisions of this Agreement (including, without limitation, all portions of any paragraphs of this Agreement containing any such provision held to be invalid, illegal or unenforceable, that are not themselves invalid, illegal or unenforceable) shall be construed so as to give effect to the intent manifested by the provision held invalid, illegal or unenforceable and to give effect to Section 11.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: an intention to call a telephone number or party not listed by him on the required MITS “Number Request Form,” see supra p. 281, even assuming he were to elect to utilize the MITS. Instead, since there can be no secre tive acquisition of information already provided to the DOC, see supra pp. 288-89 (noting that “secretive” interceptions presume lack of knowledge), Gilday simply assumes, sub silentio, that any putative number(s) and person(s) he might call would not already have been known to the DOC before the call was placed. Absent evidence on this critical point, however, there can have been no pri-ma facie showing that any surreptitious or secretive “interception” would occur, let alone did occur, within the meaning of the Massachusetts Wiretap Act. See Jackson, 349 N.E.2d at 340 (<HOLDING>). In all events, as noted above, see supra p. Options: A. holding that the knowledge requisite to knowing violation of a statute is factual knowledge as distinguished from knowledge of the law B. holding that a secretive interception has occurred unless both parties to the call had actual knowledge of the intrusion C. holding that it seems clear that when the contents of a communication are captured or redirected in any way an interception occurs at that time but also since the definition of interception includes the aural acquisition of the contents of the communication the interception must also be considered to occur where the redirected contents are first heard D. recognizing that duty to warn of dangerous conditions could be based on constructive knowledge of that condition as well as actual knowledge E. holding that the information must establish that the court has jurisdiction over both the subject matter and the parties

assistant: The best answer is B. holding that a secretive interception has occurred unless both parties to the call had actual knowledge of the intrusion
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 maintains, and has caused each Significant Subsidiary to maintain, with financially sound and reputable insurance companies, insurance in such amounts, subject to deductibles and self-insurance retentions, and covering such properties and risks, as is consistent with sound business practices.

assistant: Insurances
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 each other Credit Document has been duly executed and delivered by each Loan Party that is party thereto. This Agreement and each other Credit Document constitutes a legal, valid and binding obligation of such Loan Party, enforceable against such Loan Party that is party thereto in accordance with its terms, except as such enforceability may be limited by (i) Debtor Relief Laws and by general principles of equity and principles of good faith and fair dealing, (ii) the need for filings and registrations necessary to create or perfect the Liens on the Collateral granted by the Loan Parties in favor of the Secured Parties and (iii) the effect of foreign Laws, rules and regulations as they relate to pledges of Equity Interests in Foreign Subsidiaries.

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: For so long as the Executive is employed by the Company Group, and at all times thereafter, the Executive shall not intentionally make any public statement, or publicly release any information, that disparages or defames the Company Group, or any of its officers and directors, and shall not intentionally cause or encourage any other person to make any such statement or publicly release any such information.

assistant: Non-Disparagement