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: injury.... But that does not mean that [such an] offensef ] ... [is] categorically nonviolent.”). We likewise find that the other requirements articulated in Begay — that the defendant’s crime must present a degree of risk similar to that presented by the enumerated crimes and also be similar in kind to those offenses — are readily satisfied in this case. As noted above, the PSAS predicates criminal liability on a finding that the defendant caused or attempted to cause bodily injury to the victim. Pennsylvania law defines “bodily harm” as “[i]mpairment of physical condition or substantial pain.” 18 Pa. Cons.Stat. § 2301. A conviction under that statute therefore poses a risk of injury that is more or less comparable to the enumerated crimes. See James, 550 U.S. at 199, 127 S.Ct. 1586 (<HOLDING>). Indeed, a conviction under the PSAS in most Options: A. holding that burglary is violent felony B. holding that where policies exclude coverage for injuries that are intended or expected the exclusion is applicable if the insured acts with the intent or expectation that bodily injury will result even though the bodily injury that does result is different either in character or magnitude from the injury that was intended C. holding that the fatal injury to a murder victim may be considered as satisfying the bodily injury component of the capital felony of kidnapping with bodily injury D. holding that ohios thirddegree burglary statute constituted a violent felony under the residual clause of the armed career criminal act E. holding that attempted burglary is a violent felony under the armed career criminal act because like the enumerated crimes it creates significant risks of bodily injury or confrontation that might result in bodily injury emphasis added

assistant: The best answer is E. holding that attempted burglary is a violent felony under the armed career criminal act because like the enumerated crimes it creates significant risks of bodily injury or confrontation that might result in bodily injury emphasis added
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: make plan payments. The reverse can also occur: a debtor who has recently lost a high-paying job or who received unusual payments (such as severance or a year-end bonus) in the six-month period may show disposable income that is far beyond his or her actual ability to pay. Distortions can also occur with respect to the allowed deductions from current monthly income. For example, the means test envisions a hypothetical chapter 13 scenario in which secured debts are paid in fu 38 (Bankr.W.D.Va.2006) (projected disposable income for above-median income debtor would not include deduction for contractual payments on under-secured debt that debtors would not actually be required to pay because plan bifurcated claim or surrendered collateral); In re Minahan, 394 B.R. 116 (Bankr.W.D.Va.2008) (<HOLDING>); In re Watson, 366 B.R. 523 (Bankr.D.Md.2007) Options: A. holding that for abovemedian income debtors projected disposable income calculated on form b22c is the starting point but not the ending point in determining debtors correct minimum obligation and both income and expenses must be determined as of date of confirmation B. holding that projected disposable income for abovemedian income debt or is not fixed by means test calculation that includes expenses that would not actually be incurred under plan such as car payments for car to be surrendered C. holding that the disposable income arrived at with form b22c is a beginning point for evaluating the debtors past and current financial status D. holding that projected disposable income for abovemedian debtors is disposable income as defined by 1325b E. holding that a debtors disposable income as calculated under 11 usc 1325b2 is not the same as a debtors projected disposable income but that it can be used as the presumptive projected disposable income

assistant: The best answer is A. holding that for abovemedian income debtors projected disposable income calculated on form b22c is the starting point but not the ending point in determining debtors correct minimum obligation and both income and expenses must be determined as of date of confirmation
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: are not only based upon a misreading of binding Supreme Court precedent, but they are also inconsistent with it. Relying on Charles and its progeny, both the majority and the district court failed to even consider the substantive due process right to be free of arbitrary or capricious government behavior within the context of rational basis scrutiny. It is this category of substantive due process that is most clearly implicated in the Plaintiffs’ complaint. The Plaintiffs clearly pleaded that PMHA’s alleged conduct, which included self-dealing, arbitrariness, and capriciousness, was not rationally related to any legitimate governmental interest. Therefore, the pleadings should have survived PMHA’s motion to dismiss. See, e.g., Wilkerson v. Johnson, 699 F.2d 325, 328-29 (6th Cir.1983) (<HOLDING>). IY. Equal Protection The Supreme Court has Options: A. holding that a suit against a state official in his or her official capacity is not a suit against the official but rather is a suit against the officials office B. holding that such claims however cannot be brought directly against the state or a state agency but only against state officials in their official capacities C. holding that a suit against a state official in his or her official capacity is a suit against the state itself and not cognizable under 1983 D. holding that plaintiffs due process rights were violated when state licensing officials misapplied state licensing law in order to keep plaintiffs from competing in business against one official E. holding that barring waiver by the state the eleventh amendment precludes federal courts from hearing state claims brought against state officials in their official capacities

assistant: The best answer is D. holding that plaintiffs due process rights were violated when state licensing officials misapplied state licensing law in order to keep plaintiffs from competing in business against one official
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company agrees to employ Executive, and Executive hereby accepts employment with the Company, upon the terms and conditions set forth in this Agreement. This Agreement shall commence on the Effective Date as defined in Paragraph 19 and will continue in effect through the second anniversary of the Effective Date, unless terminated by either party as provided in this Agreement (such period being referred to herein as the “Initial Term”). Thereafter, the Agreement shall be extended for successive periods of one (1) year unless the Company or the Executive shall elect not to renew the Agreement upon expiration of the Initial Term or any renewal term by providing written notice of non-renewal to the other party at least sixty (60) days prior to the expiration of the then current term. The Initial Term and any subsequent renewal terms together are referred to as the “Term” of this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Any document relating to participation in the Plan or any notice required or permitted hereunder shall be given in writing and shall be deemed effectively given (except to the extent that this Agreement provides for effectiveness only upon actual receipt of such notice) upon personal delivery, electronic delivery at the e-mail address, if any, provided for the Participant by a Participating Company, or upon deposit in the U.S. Post Office or foreign postal service, by registered or certified mail, or with a nationally recognized overnight courier service, with postage and fees prepaid, addressed to the other party at the address of such party set forth in the Notice or at such other address as such party may designate in writing from time to time to the other party.

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: (1977). In Illinois, the absolute privilege provided by section 587 applies to statements which are “relevant, pertinent, or bear some relation to the subject in controversy.” Defend v. Lascelles, 149 Ill. App. 3d 630, 640 (1986). 1. Validity of Creative Travel/Della Femina Litigation Medow first argues that the litigation privilege provided by section 587 of the Restatement does not apply in this case because the lawsuit brought by Flavin on behalf of Creative Travel was void ah initio pursuant to Supreme Court Rule 282(b) (177 Ill. 2d R. 282(b)), which expressly prohibits a “corporation [from] appearing] as claimant, assignee, subrogee or counterclaimant in a small claims proceeding, unless represented by counsel.” See Berg v. Mid-America Industrial, 293 Ill. App. 3d 731, 737 (1997) (<HOLDING>). Flavin responds that section 2 — 416 of the Options: A. holding that proceedings involving a layperson representing a corporation are null and void ah initio B. holding that an action taken in violation of the automatic stay is void ab initio C. holding that policy was void ah initio as a wagering contract where the investors funded the premium by funneling the money through the trust account D. holding that a garnishment proceeding could not proceed because the underlying judgment was null and void E. holding that a procurement contract award in conflict with statute and regulation was void ah initio

assistant: The best answer is A. holding that proceedings involving a layperson representing a corporation are null and void ah initio
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: In furtherance of and in addition to the assignment made by Mortgagor in Section 2.1 of this Mortgage, Mortgagor hereby absolutely and unconditionally assigns, sells, transfers and conveys to Mortgagee all of its right, title and interest in and to all Leases, whether now existing or hereafter entered into, and all of its right, title and interest in and to all Rents. This assignment is an absolute assignment and not an assignment for additional security only. So long as no Event of Default shall have occurred and be continuing, Mortgagor shall have a revocable license from Mortgagee to exercise all rights extended to the landlord under the Leases, including the right to receive and collect all Rents and to hold the Rents in trust for use in the payment and performance of the Secured Debt, and to otherwise use the same. The foregoing license is granted subject to the conditional limitation that no Event of Default shall have occurred and be continuing. Upon the occurrence and during the continuance of an Event of Default, whether or not legal proceedings have commenced, and without regard to waste, adequacy of security for the Secured Debt or solvency of Mortgagor, the license herein granted shall automatically expire and terminate, without notice to Mortgagor by Mortgagee (any such notice being hereby expressly waived by Mortgagor to the extent permitted by applicable law).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Hostess Brands shall deduct and withhold from any amounts payable under this Agreement such federal, state, local or other taxes to the extent required to be withheld pursuant to applicable law. Hostess Brands shall treat (a) the Chairman as an employee of Hostess Brands for purposes of Section 3121(d) of the Code (and similar provisions of state and local law) for the period during which the Chairman provides services to Hostess Brands under this Agreement and (b) the compensation payable to the Chairman under Sections 3.1 and 3.3 as wages for purposes of Section 3121(a) of the Code (and similar provisions of state and local law). For so long as the Chairman is an employee of Hostess Brands, the Chairman shall reimburse Hostess Brands for any withholding tax incurred in connection with the compensation described in Sections 3.1(b) and 3.3 (for the avoidance of doubt, excluding the employer portion of employment taxes); provided , that the Chairman’s reimbursement obligation in respect of the compensation described in Section 3.1(b) may, at the election of the Chairman, be satisfied by a set-off of the amount otherwise payable by Hostess Brands to Hostess CDM Co-Invest pursuant to Section 2.4(b)(ii) of the MTA.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: (a) Unless previously terminated, (i) the Term Loan Commitments shall terminate immediately after the funding of the Term Loans on the Amendment No. 1 Effective Date and (ii) the US Tranche Revolving Commitments and the European Tranche Commitments shall terminate on the Maturity Date.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Purchaser shall pay all federal, state and local title/tag registration fees and costs, documentary, sales and use taxes, and other transfer taxes, if any, due as a result of the transactions contemplated hereby. Purchaser shall jointly and severally indemnify, reimburse and hold harmless Sellers and Owner in respect of the liability for payment of or failure to pay any such taxes or the filing of or failure to file any reports required in connection therewith. Sellers shall pay all federal and state taxes due from Sellers, if any, as a result of Sellers’ sale of the Assets and receipt of the Purchase Price as contemplated hereby. Sellers and Owner shall jointly and severally indemnify, reimburse and hold harmless Purchaser in respect of the liability for payment of or failure to pay any such taxes or the filing of or failure to file any reports required in connection therewith.

assistant: Sales
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: By accepting this Option, Participant expressly warrants that he or she has received an Option under the Plan, and has received, read and understood a description of the Plan. Participant understands that the Plan is discretionary in nature and may be amended, suspended or terminated by the Company at any time.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: “distant signal equivalent” by reference to television stations “within whose local service area the cable system is located” is similarly inapplicable to satellite carriers. Id. Finally, the Office concluded that the legislative history is devoid of any indication that Congress considered satellite carriers when enacting the compulsory licensing scheme. Id. at 3291. II. The Copyright Office is a federal agency with authority to promulgate rules concerning the meaning and application of § 111. See SBN, 940 F.2d at 1469 n. 4; Cablevision Sys. Dev. Co. v. Motion Picture Ass’n of America, Inc., 836 F.2d 599, 608-09 (D.C.Cir.), cert. denied, 487 U.S. 1235, 108 S.Ct. 2901, 101 L.Ed.2d 934 (1988); see also DeSylva v. Ballentine, 351 U.S. 570, 577-78, 76 S.Ct. 974, 978, 100 L.Ed. 1415 (1956) (<HOLDING>). As such, the Office’s regulations must be Options: A. holding that a plaintiff may recover damages under both the lanham act and the copyright act provided the copyright damages serve a purpose other than compensation B. holding that while the computer program at issue was within the subject matter of copyright the right sought under state law pursuant to a license was not equivalent to the exclusive rights under copyright as such copyright preemption did not apply C. holding that the copyright act distinguishes between employees and independent contractors for copyright possession D. holding that conversion and unjust enrichment claims were preempted by the copyright act since they were not qualitatively different from a copyright claim because they contained no extra element beyond those necessary to show copyright infringement E. recognizing that copyright offices interpretation of copyright act should ordinarily receive deference

assistant: The best answer is E. recognizing that copyright offices interpretation of copyright act should ordinarily receive deference
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 Warrant and all rights hereunder are transferable, in whole or in part, upon the books of the Company by the registered holder hereof in person or by duly authorized attorney to any Affiliate of such registered holder, and a new warrant shall be made and delivered by the Company, of the same tenor and date as this Warrant but registered in the name of one or more transferees, upon surrender of this Warrant, duly endorsed, to the office or agency of the Company described in Section 3. All expenses (other than stock transfer taxes) and other charges payable in connection with the preparation, execution and delivery of the new warrants pursuant to this Section 8 shall be paid by the Company.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the weight of the trailer arms was supported by plaintiff’s own testimony that the trailer arms weighed “about twenty - maybe twenty-five pounds.” The Commission was entitled to find based on plaintiffs testimony that she was exceeding her work restrictions when she injured her back. That finding, in conjunction with Dr. Harley’s unchallenged expert testimony that plaintiff was at an increased risk of injury if she exceeded her work restrictions, supported the Commission’s conclusion that a causal connection existed between plaintiff’s false representation and her 18 July 2011 back injury. We, therefore, hold that the Commission did not err in denying plaintiff’s claim for worker’s compensation based on N.C. Gen. Stat. § 97-12.1. See Freeman, 189 N.C. App. at 47-48, 657 S.E.2d at 399 (<HOLDING>). Plaintiff alternatively argues that N.C. Gen. Options: A. holding that expert medical testimony was not necessary to establish negligence where surgeon left a needle in the patients body but stating that proof of proximate cause requires some expert testimony in medical malpractice cases B. holding that causal connection was established by expert testimony that plaintiffs undisclosed medical condition increased his risk of back injury at issue C. holding when both expert testimony and circumstantial evidence of a physicians culpability are presented the inquiry is whether there was sufficient competent evidence from which the jury may have inferred a causal connection D. holding that because the tendered expert witness was a licensed psychologist and not a medical doctor he was not qualified to state an expert medical opinion regarding the cause of johns injury E. holding expert testimony provided no evidence as to causation since testimony was not based upon reasonable medical probability

assistant: The best answer is B. holding that causal connection was established by expert testimony that plaintiffs undisclosed medical condition increased his risk of back injury at issue
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 VALIDITY, CONSTRUCTION AND ENFORCEABILITY OF THIS AGREEMENT, THE REVOLVING NOTE AND EACH OF THE OTHER LOAN DOCUMENTS SHALL BE GOVERNED BY THE INTERNAL LAWS OF THE STATE OF MINNESOTA, WITHOUT GIVING EFFECT TO CONFLICT OF LAWS PRINCIPLES THEREOF, BUT GIVING EFFECT TO FEDERAL LAWS OF THE UNITED STATES APPLICABLE TO NATIONAL BANKS.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the contract in bad faith. See, e.g., 24 Hour Fitness, 66 Cal.App.4th at 1214, 78 Cal.Rptr.2d 533 (finding modification clause did not render contract “illusory” because the power to modify “indisputably carries with it the duty to exercise that right fairly and in good faith”); Serpa v. Cal. Sur. Investigations, Inc., 215 Cal.App.4th 695, 708, 155 Cal.Rptr.3d 506 (2013) (finding the “implied covenant of good faith and fair dealing limits the employer’s authority to unilaterally modify the arbitration agreement and saves that agreement from being illusory and thus unconscionable”). At least one other panel of the Court of Appeal, however, has reached the opposite conclusion. See Sparks v. Vista Del Mar Child & Family Servs., 207 Cal.App.4th 1511, 1523, 145 Cal.Rptr.3d 318 (2012) (<HOLDING>). In the absence of controlling authority on Options: A. holding that an arbitration agreement in an employee handbook was illusory where the employer expressly reserved a right to unilaterally rescind any provisions of the handbook B. holding unconscionable an arbitration agreement requiring employees to arbitrate claims against the employer but not requiring the employer to arbitrate claims against the employees C. holding that an agreement to arbitrate is illusory if as here the employer can unilaterally modify the contract D. recognizing that a unilateral contract can be formed when only one promise is illusory because the nonillusory promise can serve as an offer which the promisor who made the illusory promise can accept by performance E. holding that the agreement was not illusory because it was supported by consideration insofar as the employee and employer were equally bound by a promise to arbitrate disputes

assistant: The best answer is C. holding that an agreement to arbitrate is illusory if as here the employer can unilaterally modify the contract
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: you may not sell , transfer or assign your account or its contractual rights , licenses and obligations , to any third party ( including , for the avoidance of doubt , permitting another individual to access your account ) without the prior written consent of linden lab .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: districts with general harm to creditors. 4 . We reject the argument that the bankruptcy court's framework is somehow consistent with our prior opinion in S.I. Acquisitions. There, we held that an alter ego action is property of the estate under Texas law, and thus, can be brought by the trustee on behalf of all similarly-situated creditors. See id., 817 F.2d at 1153-54. We neither held nor implied that a cause of action belongs to the estate simply because it could be brought by many creditors, as opposed to only one. Interpreting S.I. Acquisitions to stand for this latter proposition would violate the well-established rule that trustees have no standing to bring personal claims of creditors. See Caplin, 406 U.S. at 433-34, 92 S.Ct. at 1688. 5 . See MortgageAmerica, 714 F.2d at 1275 (<HOLDING>). 6 . For example, paragraph XIII alleges that Options: A. holding that the principal of a corporate debtor does not become a transferee by the mere act of causing the debtor to make a fraudulent transfer B. holding that the debtor lacked standing to bring a claim against the internal revenue service for the improper assessment of a tax deficiency because the cause of action was the property of the estate and had not been abandoned to the debtor C. holding that because an action under the texas fraudulent transfers act is essentially one for property that properly belongs to the debtor the cause of action belongs to the debtor D. holding debtor could include property because the bank accepted payments directly from the debtor and had previously allowed the debtor to cure default E. holding that a fraudulent transfer claim against a corporate debtors control person belongs to the corporate debtor not to specific creditors

assistant: The best answer is C. holding that because an action under the texas fraudulent transfers act is essentially one for property that properly belongs to the debtor the cause of action belongs to the debtor
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: Ford Credit made representations and warranties about the Leases and Leased Vehicles in the 2019-A Reference Pool in Section 3.3 of the Exchange Note Purchase Agreement, and has consented to the sale by the Depositor to the Issuer of the Depositor’s rights to these representations and warranties. Under Section 2.1, the Depositor has sold and assigned to the Issuer the Depositor’s rights under the Exchange Note Purchase Agreement, including the right to require Ford Credit to reallocate any Leases and Leased Vehicles if there is a breach of Ford Credit’s representations and warranties. In addition, the Depositor represents and warrants as of the Closing Date that the representations and warranties about the Leases and Leased Vehicles in the 2019-A Reference Pool in Section 3.3 of the Exchange Note Purchase Agreement are true and correct. The Issuer is relying on Ford Credit’s representations and warranties in the Exchange Note Purchase Agreement and on the Depositor’s representations and warranties in this Section 3.2(a) in purchasing the 2019-A Exchange Note, which representations and warranties will survive the sale and assignment of the 2019-A Exchange Note by the Depositor to the Issuer under this Agreement and the pledge of the 2019-A Exchange Note to the Indenture Trustee under the Indenture.

assistant: Representations
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 delivery of a Funding Notice and the acceptance by Borrower of the proceeds of Loans shall constitute a representation and warranty by Borrower and each other Credit Party that on the Closing Date (both immediately before and immediately after giving effect to the making of the Loans) the conditions contained in Section 3.01 have been satisfied or waived. Any Notice shall be executed by an Authorized Officer of Borrower in a writing delivered to Administrative Agent.

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: a permanent chassis and designed to be used as a dwelling with or without a ‘permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems. Tex.Rev.Civ. Stat. Ann. art. 5221f § 3(u) (Vernon 1987) (emphasis added). This section shall not affect the validity of any deed restriction that is otherwise valid. Tex.Rev.Civ. Stat. Ann. art. 5221f § 4A (Vernon 1987) (emphasis added); Dempsey, 737 S.W.2d at 592-93. Dempsey held that, in light of the foregoing, the defendant failed to convince the court that manufactured homes cannot still be “mobile” homes within meaning of restrictive covenants because: 1) section 3(s) explicitly states that “mobile homes” may be referred to as “m v.App.—Austin 1973, writ ref'd n.r.e.)(<HOLDING>). Wilmoth, Demsey, and the cases they rely on Options: A. holding operable semi truck cab used by professional driver as homestead despite statutes description of dwelling as a building condominium mobile home house trailer or cooperative B. holding that the antimodification provision of 11 usc 1322b is applicable to a mobile home irrespective of whether the home is attached to the real property on which it sits C. holding that an assembler of a mobile home is deemed to be a manufacturer of a finished product that is the mobile home for purposes of determining the applicability of the affirmative causalrelation defense under the aemld D. holding as matter of law that mobile home with wheels removed placed on blocks and hooked to lights and water is trailer within scope of covenant proscribing trailers used as temporary or permanent residences E. holding as a matter of law that an offduty government agent was not acting within the scope of his employment when he was driving home intoxicated after completing his tour of duty because on no basis would the court conclude that drinking and driving after work hours fell within the scope of the dea agents employment

assistant: The best answer is D. holding as matter of law that mobile home with wheels removed placed on blocks and hooked to lights and water is trailer within scope of covenant proscribing trailers used as temporary or permanent residences
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: identically.” Id. (citation omitted). The most frequent way that a case arises under federal law is “when fede erty that were allegedly set out in a partnership agreement. Accordingly, all of the claims that Plaintiffs pursued in their First Amended State Court Petition — declaratory judgment, breach of partnership agreement, misappropriation of trademark, promissory estoppel, unjust enrichment, breach of fiduciary duty, fraud, conversion, and tortious interference — are venerable state law causes of action. Docket Entry No. 1-1 at 26-33. Even the misappropriation claim — which could, but does not necessarily, involve a federal trademark — arises under state law. See U.S. Sporting Prods., Inc. v. Johnny Stewart Game Calls, Inc., 865 S.W.2d 214, 217 (Tex.App.-Waco 1993, writ denied) (<HOLDING>). The one potential wrinkle is that Plaintiffs Options: A. recognizing a cause of action under texas law for misappropriation B. recognizing this texas rule C. recognizing the cause of action D. recognizing cause of action E. holding that where the entity was incorporated in texas and the shareholders reside in texas and the bankruptcy case is pending in texas texas law not arizona law should be applied

assistant: The best answer is A. recognizing a cause of action under texas law for misappropriation
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 Guaranty Agreement may be executed in counterparts (and by different parties hereto on different counterparts), each of which shall constitute an original, but all of which when taken together shall constitute a single contract. Delivery of an executed counterpart of a signature page of this Guaranty Agreement by telecopy or other electronic transmission shall be effective as delivery of a manually executed counterpart of this Guaranty Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Any payment of benefits to or for the benefit of a Participant or a Participant’s Beneficiary that is made in good faith by the Company in accordance with the Company’s interpretation of its obligations under the Plan shall be in full satisfaction of all claims against the Company for benefits under the Plan to the extent of such payment.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: In furtherance of and in addition to the assignment made by Grantor in Section 2.1 , Grantor hereby absolutely and unconditionally assigns, sells, transfers and conveys to Beneficiary all of its right, title and interest in and to all Leases (but only to the extent permitted under such Leases), whether now existing or hereafter entered into, and all of its right, title and interest in and to all Rents. This assignment is an absolute assignment and not an assignment for additional security only. So long as no Event of Default shall have occurred and be continuing, and so long as Beneficiary has not provided written notice of its revocation of such license, Grantor shall have a revocable license from Beneficiary to exercise all rights extended to the landlord under the Leases, including the right to receive and collect all Rents and to hold the Rents in trust for use in the payment and performance of the Obligations and to otherwise use the same. The foregoing license is granted subject to the conditional limitation that no Event of Default shall have occurred and be continuing and no such notice has been given. Upon the occurrence and during the continuance of an Event of Default, whether or not legal proceedings have commenced, and without regard to waste, adequacy of security for the Obligations or solvency of Grantor, the license herein granted shall, at the election of Beneficiary, expire and terminate, upon written notice to Grantor by Beneficiary.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: attorney’s fees to be implicitly included in a proof of claim. See Tri-State Homes Inc. v. Mears (In re Tri-State Homes Inc.), 56 B.R. 24, 27 (Bankr.W.D.Wis.1985). See also In re Demert & Dougherty Inc., 1999 WL 1140859 *8 (Bankr.N.D.Ill.1999); In re Ronecker, 204 B.R. 552, 554-55 (Bankr.E.D.Mo.1997). At any rate, Former Employees incurred their attorney’s fees in postpetition litigation with Pride. The fees had not accrued at the time that they filed their proofs of claim. Section 38.001 provides that a person may recover reasonable attorney’s fees on a claim arising under a contract. Despite the term “may”, the Fifth Circuit has interpreted this statute as mandatory: “[u]nder Texas law, when a prevailing party in a breach of contract suit see App.—Houston [14th Dist.] 1981, no writ) (<HOLDING>). Former Employees satisfy both the procedural Options: A. holding that predecessor to section 38001 codified with no changes as section 38001 et seq contained no requirement that the contract sued upon have a provision providing for attorneys fees B. holding fees mandatory under predecessor statute of 38001 C. holding award of attorneys fees to party prevailing on contract claim is mandatory under section 38001 if there is proof of the reasonableness of the fees D. holding that an attorneys services were personal services rendered or labor done under the predecessor statute to section 38001 E. holding defendant could not recover attorneys fees under predecessor to statute 38001 when defendant did not present contract claim

assistant: The best answer is A. holding that predecessor to section 38001 codified with no changes as section 38001 et seq contained no requirement that the contract sued upon have a provision providing for attorneys 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 legal provision and list the applicable contract clause categories. Provision: Each Member shall take all actions as may be reasonably necessary to consummate the sale contemplated by this Section 9.03 including, without limitation, entering into agreements and delivering certificates and instruments and consents as may be deemed necessary or appropriate.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: and less refined manner than other first-time DUI manslaughter offenses. See State v. Alonso, 31 So.3d 265, 267 (Fla. 4th DCA 2010) (citing State v. Merritt, 714 So.2d 1153, 1154 n. 3 (Fla. 5th DCA 1998), to define the term “unsophisticated” as “artless, simple and not refined”). When Kezal failed to do this, the trial court rejected her request for a downward departure. The majority’s conclusion that the court expressed its view that it did not have the legal authority to depart is not supported by the transcript. It is abundantly clear to me from the transcript of the entire sentencing hearing that the trial court fully understood its options and simply did not find a departure sentence appropriate for Kezal on any statutory ground. See Banks v. State, 732 So.2d 1065, 1068 (Fla.1999) (<HOLDING>). In my view, the transcript clearly Options: A. holding that the decision whether to grant a continuance lies in the sound discretion of the trial court and will not bedisturbed absent an abuse of discretion B. holding that the decision whether to grant a continuance lies in the sound discretion of the trial court and will not be disturbed absent an abuse of discretion C. holding that if there is a legal basis for departure the trial court must then determine whether it should depart ie whether departure is indeed the best sentencing option for the defendant in the pending case and that this decision is a judgment call within the sound discretion of the court and will be sustained on review absent an abuse of discretion D. holding that the admission or exclusion of evidence is within discretion of the trial court and that such determinations will not be disturbed on appeal absent clear abuse of discretion E. holding a motion to withdraw a guilty plea and grant trial is addressed to the sound discretion of the trial court and the supreme court will not upset the courts ruling unless there is a sufficient showing of abuse of discretion

assistant: The best answer is C. holding that if there is a legal basis for departure the trial court must then determine whether it should depart ie whether departure is indeed the best sentencing option for the defendant in the pending case and that this decision is a judgment call within the sound discretion of the court and will be sustained on review absent an abuse of discretion
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: Subject to the provisions of Sections 5 and 6 of this Agreement, the RSUs shall cease to be restricted and shall, subject to achievement of the Performance Goal set forth below, become non-forfeitable (thereafter being referred to as “ Vested RSUs ”) in [equal] installments on [each of] ([each a] “ Vesting Date ”). Notwithstanding the foregoing, except as set forth in Sections 5 and 6 of this Agreement, none of the RSUs shall become Vested RSUs on any Vesting Date unless (the “ Performance Goal ”).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Any Lender may at any time, without the consent of, or notice to, the Borrowers or the Administrative Agent, any L/C Issuer or the Swing Line Lender sell participations to any Person (other than a natural person, or a holding company, investment vehicle or trust for, or owned and operated for the primary benefit of, a natural person, or the Borrowers or any of the Borrowers’ Affiliates or Subsidiaries) (each, a “ Participant ”) in all or a portion of such Lender’s rights and/or obligations under this Agreement (including all or a portion of its Commitment and/or the Loans (including such Lender’s participations in L/C Obligations and/or Swing Line Loans) owing to it); provided that (i) such Lender’s obligations under this Agreement shall remain unchanged, (ii) such Lender shall remain solely responsible to the other parties hereto for the performance of such obligations and (iii) the Borrowers, the Administrative Agent, the Lenders and the L/C Issuers shall continue to deal solely and directly with such Lender in connection with such Lender’s rights and obligations under this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement, and all matters arising hereunder or in connection herewith, shall be governed by, and construed in accordance with, the internal laws of the State of Delaware without giving effect to the principles of conflict of laws.

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: In the event of any Optional Repayment or Mandatory Repayment with respect to a Financed Rental Property, upon receipt of the applicable Repayment Amount and other amounts due in connection therewith, as provided in Section 3(e) or Section 3(f), as applicable, if such Financed Rental Property is encumbered by a Mortgage, such Financed Rental Property (a “ Released Property ”) shall be automatically released by Lender from the applicable Mortgage Documents and related Lien without any further action of the applicable Borrower, provided , that (i) the applicable Borrower may deliver to Lender a release (and, in the event the related Mortgage and the Assignment of Leases and Rents encumbers other Financed Rental Properties in addition to the Released Property, such release shall be a partial release that relates only to the Released Property and does not affect the Liens and security interests encumbering or on the other Financed Rental Properties) in form and substance appropriate for the jurisdiction in which such Released Property is located and shall contain standard provisions protecting the rights of Lender, which release shall be promptly executed by Lender, (ii) Borrowers shall pay all costs, taxes and expenses associated with such release (including cost to file and record the release and Lender’s reasonable attorneys’ fees) and (iii) such Released Property is a separate legal parcel from the property remaining encumbered by Mortgages.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All notices, requests, consents and other communications, required or permitted to be given under this Agreement shall be personally delivered in writing or shall have been deemed duly given when received after it is posted in the United States mail, postage prepaid, registered or certified, return receipt requested addressed as set forth below. In addition, a party may deliver a notice via another reasonable means that results in the recipient party receiving actual notice, as conclusively demonstrated by the party giving such notice.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: as in the state rendering judgment. Susan H. v. Keith L., 259 Neb. 322, 609 N.W.2d 659 (2000). The Full Faith and Credit Clause of the U.S. Constitution prohibits a Nebraska court from reviewing the merits of a judgment rendered in a sister state, but a foreign judgment can be collaterally attacked by evidence that the rendering court was without jurisdiction over the parties or the subject matter. Walksalong v. Mackey, 250 Neb. 202, 549 N.W.2d 384 (1996). In the instant case, Bridgens seeks to collaterally attack the judgment on the basis that the Pennsylvania court lacked subject matter jurisdiction to grant the adoption. Whether the Pennsylvania court had subject matter jurisdiction is dependent upon Pennsylvania law. See Miller v. Kingsley, 194 Neb. 123, 230 N.W.2d 472 (1975) (<HOLDING>). Bridgens’ argument is based upon the Options: A. holding only defenses that would be valid in rendering state can be relied upon by courts of another state B. holding federal courts are bound by state court determinations of state law C. holding that federal courts must utilize the same preclusion doctrine as would be applied by a state court to administrative determinations by that state D. holding that only justification defenses would be recognized E. holding that federal courts are bound by state interpretations of state law

assistant: The best answer is A. holding only defenses that would be valid in rendering state can be relied upon by courts of another state