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: departure from the guidelines. 31 . Hersh also argues that (1) the evidence regarding the receipt and possession of child pornography counts was insufficient, (2) the district court abused its discretion by admitting pedophilia-propensity evidence in violation of Fed.R.Evid. 404(b), and (3) the district court erred by applying the "promoting prostitution” guideline to several of the counts. We can find no merit in any of these arguments and dispose of them briefly. First, the evidence introduced at trial plainly established that Hersh knowingly received and possessed the images, that the images were received and possessed through interstate commerce, that the images portrayed real minors engaged in sexually explicit conduct, and that Hersh was aware of such. See Kent, 175 F.3d at 873 (<HOLDING>). Appellant recently filed supplemental Options: A. holding that the courts role is to view the evidence in the light most favorable to the party opposing summary judgment to draw all reasonable inferences in favor of that party and to eschew credibili ty assessments B. holding that in reviewing sufficiency of the evidence claims we view the evidence in the light most favorable to the government and draw all reasonable inferences and credibility choices in favor of the jurys verdict C. holding that we view the evidence in the light most favorable to the prevailing party D. holding that when reviewing a challenge to the sufficiency of the evidence all evidence is viewed in the light most favorable to the government E. holding that an appellate court considers all evidence in the light most favorable to the verdict and grants the state all reasonable inferences

assistant: The best answer is B. holding that in reviewing sufficiency of the evidence claims we view the evidence in the light most favorable to the government and draw all reasonable inferences and credibility choices in favor of the jurys verdict
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed and delivered in any number of counterparts, each of which so executed and delivered shall be deemed to be an original and all of which shall constitute one and the same instrument. Facsimile or other electronic copies of signatures may be used in place of original signatures to this Agreement and shall be in all respects be treated in court proceedings or otherwise as the legal equivalent of an original signature.

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 case excerpt and choose the best holding from the options. Case excerpt: filing period may be extended for good cause.” 457 So.2d at 1137. In Walker, the court explained this does not mean the period will be extended automatically or in every case. In most cases, the court will expect the time limits for filing to be complied with. However, when defendant will not suffer prejudice or be deprived of adequate notice, the court may, in its sound discretion, allow the state to file an untimely notice of cross appeal. Id. The Walker court did not hold that a cross-appeal can be dispensed with altogether, only that an appeals court may allow late filing of a notice of cross-appeal for good cause. The only other case the majority opinion cites in this connection affords, if possible, less support for blatantly disregarding t 44 So.2d 580, 590 (Fla. 1st DCA 1977) (<HOLDING>). The Cooperative proved it suffered actual Options: A. recognizing that court may intervene in arbitration proceeding by invoking equitable powers B. recognizing that administrative agencies routinely apply equitable estoppel in administrative hearings and that permitting them to do so is consistent with administrative remedy exhaustion requirements and separation of powers C. holding that bivens plaintiff was not required to exhaust administrative remedies where administrative remedy program provided only for injunctive relief D. recognizing that the promised administrative remedy may be too little or too late in that case equitable power of a circuit court must intervene and citing 3 k davis administrative law treatise 69 1958 E. recognizing that administrative agencies lack to power to consider or determine constitutional issues

assistant: The best answer is D. recognizing that the promised administrative remedy may be too little or too late in that case equitable power of a circuit court must intervene and citing 3 k davis administrative law treatise 69 1958
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: United States v. Whiting Pools, Inc., 462 U.S. 198, 204, 103 S.Ct. 2309, 76 L.Ed.2d 515 (1983) (determining that “Congress intended a broad range of property to be included in the estate”). “Courts have uniformly held that the broad scope of § 541 encompasses causes of action existing at the time” the bankruptcy action commences. Cain v. Hyatt, 101 B.R. 440, 441-42 (E.D.Pa.1989) (citations omitted); see also In re Ozark Restaurant Equipment Co., 816 F.2d 1222, 1225 (8th Cir.1987), cert. denied, 484 U.S. 848, 108 S.Ct. 147, 98 L.Ed.2d 102 (1987) (stating that “it is clear that causes of action belonging to the debtor at the commencement of the case are included within the definition of property of the estate”) (emphasis in original); Tignor v. Parkinson, 729 F.2d 977, 980 (4th Cir.1984) (<HOLDING>); Lambert v. Fuller Co., Inc., 122 B.R. 243, Options: A. holding that a preliminary injunction was a reasonable means of preserving the status quo and was of the same character as the ultimate relief sought when a few but not all of the causes of action in the complaint were of an equitable nature including causes of action for unjust enrichment and imposition of constructive trust B. recognizing broad scope of the reorganization estate C. holding that there is no question that the estate includes causes of action such as the truth in lending claims D. holding that the scope of section 541 is broad and includes all kinds of property including causes of action E. holding that a debtors interest in a tenancy by the entirety is property of the bankruptcy estate under section 541 because of debtors undivided present interests in the use possession income and right of survivorship of the property

assistant: The best answer is D. holding that the scope of section 541 is broad and includes all kinds of property including causes of 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: T HIS T HIRD A MENDMENT AND ANY CLAIM , CONTROVERSY , DISPUTE OR CAUSE OF ACTION ( WHETHER IN CONTRACT OR TORT OR OTHERWISE ) BASED UPON , ARISING OUT OF OR RELATING TO THIS T HIRD A MENDMENT AND THE TRANSACTIONS CONTEMPLATED HEREBY SHALL BE GOVERNED BY , AND CONSTRUED IN ACCORDANCE WITH , THE LAW OF THE S TATE OF N EW Y ORK .

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: in question has not previously been held unlawful. Instead, qualified immunity can be denied if, “in the light of pre-existing law the unlawfulness [was] apparent.” Wilson, 526 U.S. at 614-15, 119 S.Ct. 1692. Because “[t]he basic purpose of th[e Fourth] Amendment ... is to safeguard the privacy and security of individuals against arbitrary invasions by governmental officials,” Camara, 387 U.S. at 528, 87 S.Ct. 1727, Fourth Amendment protections apply in both civil and criminal contexts. For example, in Camara, the Supreme Court held that even a routine administrative search of a home for compliance with health and safety regulations must comply with the Fourth Amendment. Id. at 537, 87 S.Ct. 1727; see also New Jersey v. T.L.O., 469 U.S. 325, 335, 105 S.Ct. 733, 83 L.Ed.2d 720 (1985) (<HOLDING>) (citing Camara, 387 U.S. at 530, 87 S.Ct. Options: A. holding that the second amendment fully applies to state and local regulation through the fourteenth amendment B. holding that there is no violation of the fourth amendment when the government reasonably believed that the individual giving consent to the search had authority to do so C. holding that excessive force by a school official should be analyzed under the fourth amendment D. holding that the fourth amendment and the exclusionary rules are not implicated by a private search E. holding that the fourth amendment applies to searches conducted by public school officials and noting it would be anomalous to say that the individual and his private property are fully protected by the fourth amendment only when the individual is suspected of criminal behavior

assistant: The best answer is E. holding that the fourth amendment applies to searches conducted by public school officials and noting it would be anomalous to say that the individual and his private property are fully protected by the fourth amendment only when the individual is suspected of criminal behavior
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: no class actions : you may only resolve disputes with fitbit on an individual basis , and may not bring a claim as a plaintiff or a class member in a class , consolidated , or representative action .

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: Each Unitholder irrevocably submits to the exclusive jurisdiction of the United States District Court for the State of Delaware and the state courts of the State of Delaware for the purposes of any suit, action or other proceeding arising out of this Agreement or any transaction contemplated hereby. Each Unitholder further agrees that service of any process, summons, notice or document by United States certified or registered mail to such Unitholder’s respective address set forth in the LLC’s books and records or such other address or to the attention of such other person as the recipient party has specified by prior written notice to the sending party shall be effective service of process in any action, suit or proceeding in Delaware with respect to any matters to which it has submitted to jurisdiction as set forth above in the immediately preceding sentence. Each Unitholder irrevocably and unconditionally waives any objection to the laying of venue of any action, suit or proceeding arising out of this Agreement or the transactions contemplated hereby in the United States District Court for the State of Delaware or the state courts of the State of Delaware and hereby irrevocably and unconditionally waives and agrees not to plead or claim in any such court that any such action, suit or proceeding brought in such court has been brought in an inconvenient forum.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware. The Board shall have final authority to interpret and construe the Plan and this Agreement and to make any and all determinations under them, and its decision shall be binding and conclusive upon the Grantee and his personal and legal representatives in respect of any questions arising under the Plan or this Agreement.

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: This Agreement, together with the Indenture and the other Transaction Documents, contain a final and complete integration of all prior expressions by the parties hereto with respect to the subject matter hereof and shall constitute the entire agreement among the parties hereto with respect to the subject matter hereof, superseding all previous oral statements and writings with respect thereto.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: conduct falls within the discretionary function exception is a question of law, which we review de novo, applying the undisputed facts of the ease. See Buchanan v. United States, 915 F.2d 969, 970 (5th Cir.1990); Aragon v. United States, 146 F.3d 819, 823 (10th Cir.1998). The Suits in Admiralty Act (“SAA”), 46 U.S.C.A.App. §§ 741-752 (1975), serves as a waiver of sovereign immunity and authorizes suits against the government in admiralty cases where such claims could be brought against a private party. But, the SAA does not waive immunity for discretionary - acts of government agencies that fall within the discretionary function exception set forth in the Federal Tort Claims Act. See 28 U.S.C.A. § 2680(a) (1994); Baldassaro v. United States, 64 F.3d 206, 208 (5th Cir.1995). (<HOLDING>), cert. denied, 517 U.S. 1207, 116 S.Ct. 1823, Options: A. holding that discretionary function exceptions applies to the saa B. holding all exceptions to discharge under 523a must be proven by a preponderance of the evidence C. holding that the standard of proof for dischargeability exceptions under section 523a is preponderance of the evidence D. holding that the fourteenth amendment only applies to state action E. holding due regard must be given to the exceptions to the ftca

assistant: The best answer is A. holding that discretionary function exceptions applies to the saa
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 will not, and will not permit any of its Subsidiaries to, enter into any arrangement, directly or indirectly, whereby it shall sell or transfer any property, real or personal, used or useful in its business, whether now owned or hereinafter acquired, and thereafter rent or lease such property or other property that it intends to use for substantially the same purpose or purposes as the property sold or transferred.

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: Subtenant shall at all times keep in effect all insurance required by and in accordance with Article VI of the Master Lease, and shall name Sublandlord, as well as Master Landlord, as additional insureds or loss payees, as applicable. Sublandlord and Subtenant shall each cause their respective insurers to waive any right of subrogation against the other and against the Master Landlord for losses which are covered by insurance. Subtenant shall be bound by Article VI of the Master Lease, and in addition, the provisions of Article VI shall be deemed to be incorporated into this Sublease, with “Sublandlord” substituted for “Landlord” and Subtenant’ substituted for “Tenant” in the wording thereof.

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 case excerpt and choose the best holding from the options. Case excerpt: of appeal filed during the pendency of a Rule 59 motion is a nullity, as if no notice of appeal were filed at all. However, Rule 4(a)(4) was amended effective December 1, 1993, to pro vide that when a notice is prematurely filed, it “shall be in abeyance, and shall become effective upon the date of entry of an order that disposes of the last of all such motions.” Under the old version of Rule 4(a)(4), applicable at the time Wallis filed the notice of appeal, the notice was a nullity. Thus, the issue becomes whether the notice may be resurrected by a retroactive application of the amended version of Rule 4(a)(4). See Leader Nat’l Ins. Co. v. Industrial Indemnity Ins. Co., 19 F.3d 444, 445 (9th Cir.1994) (applying amended Rule retroactively); Burt v. Ware, 14 F.3d 256, 258 (5th Cir.1994) (<HOLDING>). The Supreme Court’s order adopting the 1993 Options: A. holding that rule announced in mcconnell applies retroactively B. recognizing that 1996 amendment to definition of aggravated felony applies retroactively C. holding that statute would be applied retroactively when to do so would better effect the remedial intentions of the legislature in enacting it D. holding that the rule announced by booker does not operate retroactively E. holding amended rule applies retroactively unless it would work injustice

assistant: The best answer is E. holding amended rule applies retroactively unless it would work injustice
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: (a) has not entered into the transaction or any Loan Document with the actual intent to hinder, delay, or defraud any creditor; and (b) has received reasonably equivalent value in exchange for its obligations under the Loan Documents. Giving effect to the Loan, the fair saleable value of Borrower’s assets exceeds and will, immediately following the making of the Loan, exceed Borrower’s total liabilities, including subordinated, unliquidated, disputed and contingent liabilities. The fair saleable value of Borrower’s assets is and will, immediately following the making of the Loan, be greater than Borrower’s probable liabilities, including the maximum amount of its contingent liabilities on its debts as such debts become absolute and matured. Borrower’s assets do not and, immediately following the making of the Loan will not, constitute unreasonably small capital to carry out its business as conducted or as proposed to be conducted. Borrower does not intend to, and does not believe that it will, incur indebtedness and liabilities (including contingent liabilities and other commitments) beyond its ability to pay such indebtedness and liabilities as they mature.

assistant: Solvency
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: On or before the Closing, the Seller shall deliver to Buyer unaudited consolidated financial statements in a form reasonably satisfactory to Buyer for year-to-date 2015 for which financial information is available, which financial statements shall be prepared in conformity with generally accepted accounting principles. The Seller does not have any liabilities except for (i) liabilities set forth on the face of the most recent balance sheet delivered to the Buyer (rather than in any notes thereto) prior to the Closing and (ii) liabilities which have arisen after the date of such balance sheet in the ordinary course of business consistent with past practices (none of which results from, arises out of, relates to, is in the nature of, or was caused by any breach of contract, breach of warranty, tort, infringement, or violation of law).

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: an injunction, and does not require the posting of any type of bond. And, although neither party requested the injunction, neither party appealed from the order. Instead, McKinnon later filed a motion with the trial court, arguing that the injunction should be set aside because it was improperly entered. When the trial judge denied that motion, McKinnon appealed from the later denial order in an improper attempt to belatedly challenge the original injunction order. See, e.g., Betancourt v. Estate of Misdraji, 13 So.3d 489 (Fla. 3d DCA 2009) (declining to consider issues raised on appeal from denial of successive petition to re-open estate when same issues had been decided in prior orders from which moving party had not appealed); Ferguson v. Ferguson, 921 So.2d 796 (Fla. 5th DCA 2006) (<HOLDING>); M.G. v. State, 711 So.2d 1377 (Fla. 1st DCA Options: A. holding that receipt of a large inheritance constitutes a substantial change in circumstances justifying termination of permanent alimony B. holding that final order for alimony may be modified by trial court on showing of substantial change in circumstances of either party C. holding that a permanent change in income constitutes a substantial change in circumstances justifying a reduction of alimony D. holding that even if change of circumstances is shown trial court is not required to grant modification of periodic alimony award unless husband had in good faith entered into new occupation at reduced income E. holding that former husband was not entitled to evidentiary hearing on petition to modify alimony where he failed to demonstrate substantial change in circumstances since entry of a prior order denying modification of alimony from which he did not appeal

assistant: The best answer is E. holding that former husband was not entitled to evidentiary hearing on petition to modify alimony where he failed to demonstrate substantial change in circumstances since entry of a prior order denying modification of alimony from which he did not appeal
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 adoption or belief in the statements and opinions contained within them. Janus Capital Grp., Inc. v. First Derivative Traders, 564 U.S. 135, 148 n.12, 131 S.Ct. 2296, 180 L.Ed.2d 166 (2011) (reasoning that defendant was not subject to liability for securities fraud by providing link to fraudulent prospectus on its website since “[m]erely hosting a document on a [web site] does not indicate that the hosting entity adopts the document as its own statement or exercises.control over its content”), The fact, that a party links to or posts on its website material from another source, or otherwise hosts or references third-party documents on its website does not by itself constitute .a clear demonstration of intent to adopt. See Fenner v. Suthers, 194 F.Supp.2d 1146, 1149 (D. Colo. 2002) (<HOLDING>); Aikens v. Cty. of Ventura, No. B221992, 2011 Options: A. holding that in the absence of public disclosure the court need not address whether relator was original source of the information B. holding that due process was violated where a death sentence was imposed based on information in a presentence report and the defendant was not given an opportunity to deny or explain the information C. holding proponent of a motion for continuance should state what specific discovery is material and show why it is material D. holding that experts may rely on inadmissible material in forming the basis of opinions but inadmissible material may not be admitted for truth of the matter asserted E. holding that material from websites was inadmissible because proponent failed to explain whether the source sponsors endorses collects or simply provides the information on the websites

assistant: The best answer is E. holding that material from websites was inadmissible because proponent failed to explain whether the source sponsors endorses collects or simply provides the information on the websites
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: four years out of time. A motion that does not comply with the time and numerical limitations can only be brought where the alien can establish one of four limited exceptions. See 8 U.S.C. § 1229a(c)(7) (2005); 8 C.F.R. § 1003.2(c)(3) (2005). One such exception, the only one alleged to be applicable here, is where the alien can establish “changed circumstances arising in the country of nationality....” 8 U.S.C. § 1229a(c)(7)(C)(ii) (2005); 8 C.F.R. § 1003.2(e)(3)(ii) (2005). This Court has already held that a change in an individual’s personal circumstances does not qualify under the above exception; an individual must demonstrate that the country conditions have changed in order for this exception to apply. Li Yong Zheng v. U.S. Dep’t of Justice, 416 F.3d 129, 130-31 (2d Cir.2005) (<HOLDING>). In his motion to reopen, Jiang only asserts Options: A. holding that 8 cfr 10032c3ii applies to changed country conditions in the country of origin or deportation and not changed personal circumstances in the united states B. holding that a change in personal circumstances namely the birth of a child in the united states does not fit under the changed circumstances exception provided by 8 cfr 10032c3ii C. holding that a change in personal circumstances is not sufficient to establish changed circumstances for the purpose of 8 cfr 10032c3h D. holding that petitioners divorce was a purely personal change in circumstances that does not constitute changed conditions or circumstances in jordan E. holding that an alien failed to qualify for the changed circumstances exception by asserting only that his personal circumstances had changed by the birth of a child

assistant: The best answer is E. holding that an alien failed to qualify for the changed circumstances exception by asserting only that his personal circumstances had changed by the birth of a 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: Subject to the terms and conditions set forth in this Agreement, at the Closing the Company shall issue and sell to each Investor, and each Investor shall, severally and not jointly, purchase from the Company, the Shares in the respective amounts set forth below the Investors’ names on the signature pages hereto for the Investment Amount. The Closing shall take place at the offices of the Company, BAK Industrial Park, Meigui Street, Huayuankou Economic Zone, Dalian City, Liaoning Province, China, 116422, at 10:00 A.M. local time on the Closing Date or at such other location as the parties may agree.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: 718 F.2d at 1550). Therefore, the Federal Circuit, citing Miller and its progeny, has held that Congressional intent is not effectuated by an interpretation of the jurisdictional statute that would allow for concurrent jurisdiction under §§ 1581(a) and 1581(i). Nat’l Corn Growers, 840 at 1556—1558. Even though a litigant may sometimes avoid the requirement that it exhaust its available administrative remedies the CIT may not necessarily exercise both §§ 1581(a) and 1581(i) jurisdiction over any one claim. A litigant’s claim need not be subject to the administrative review process under § 1581(a) if the exhaustion of administrative remedies would be futile. See also Consol. Bearings Co. v. United States, 348 F.3d 997, 1003 (Fed. Cir. 2003); George E. Warren Corp., 341 F.3d at 1351 (<HOLDING>). If futility is sufficiently shown, § 1581(i) Options: A. holding that a litigant must support an argument with legal authority B. holding plaintiff not required to perform its residual contract obligations after defendants material breach C. holding that a pro se litigant who is an attorney is not entitled to fees under 1988 D. holding that a litigant has standing to challenge the constitutionality of a statute if the law is unconstitutional as applied to that particular litigant E. holding that a litigant is not required to perform useless acts

assistant: The best answer is E. holding that a litigant is not required to perform useless acts
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 is the entire agreement and understanding between the Parties on the subject matter covered herein. The Parties further agree that this Agreement may not be altered except in a writing duly executed by all of the Parties. The laws of the State of Texas shall govern this Agreement, excepting its principles of conflicts of law.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The proceeds of Revolver Loans shall be used by Borrowers solely (a) to pay fees and transaction expenses associated with the closing of this credit facility; (b) to pay Obligations in accordance with this Agreement (including but not limited to the restrictions set forth in Section 10.3.2 of this Agreement); (c) for lawful corporate purposes of Borrowers, including working capital and (d) in accordance with the restrictions. Borrowers shall not, directly or indirectly, use any Letter of Credit or Loan proceeds, nor use, lend, contribute or otherwise make available any Letter of Credit or Loan proceeds to any Subsidiary, joint venture partner or other Person, (i) to fund any activities of or business with any Person, or in any Designated Jurisdiction, that, at the time of issuance of the Letter of Credit or funding of the Revolver Loan, is the target of any Sanction; or (ii) in any manner that would result in a violation of a Sanction by any Person (including any Secured Party or other individual or entity participating in any transaction.

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 case excerpt and choose the best holding from the options. Case excerpt: Texas law)). Some courts refer to this Section as “the malfunction doctrine.” See, e.g., Lindsay v. McDonnell Douglas Aircraft Corp., 460 F.2d 631, 638-40 (8th Cir. 1972); Daleiden v. Carborundum Co., 438 F.2d 1017, 1022 (8th Cir. 1971); Greco v. Bucciconi Engineering Co., 407 F.2d 87, 89-90 (3rd Cir. 1969); see Sochanski v. Sears, Roebuck & Co., 689 F.2d 45, 50 (3d Cir. 1982). Moreover, the use of circumstantial evidence to prove vehicle defects is widespread. See, e.g., Frankel v. Lull Eng’g Co., 334 F. Supp. 913, 919 (E.D. Pa. 1971) (finding that circumstantial evidence of a defect in a high-lift loader that flipped over was sufficient to show a defect without testimony by an expert witness); Sears, Roebuck & Co. v. Haven Hills Farm, Inc., 395 So. 2d 991, 995-96 (Ala. 1981) (<HOLDING>); Montoya v. General Motors Corp., 1975- NMCA Options: A. holding that an eight and onehalf month delay was enough to warrant further inquiry B. holding that a three and onehalf month temporal proximity is insufficient to create a jury issue on causation C. holding that proof of a tire blowout on a four and onehalf month old tire was not by itself sufficient to prove defect in product D. holding a four month delay to be reasonable under 3161h7 E. holding that by itself three and onehalf months was insufficient to prove causation

assistant: The best answer is C. holding that proof of a tire blowout on a four and onehalf month old tire was not by itself sufficient to prove defect in product
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: Cir.2004). First, a court must determine whether the employee made her comments “as a citizen upon matters of public concern.” Tang, 163 F.3d at 12 (quotation omitted). If the speech involved addresses only issues of personal interest rather than public concern, a First Amendment claim cannot survive absent “the most unusual circumstances” because “a federal court is not the appropriate forum in which to review the wisdom of a personnel decision taken by a public agency allegedly i tern Line Consol. Sch. Dist. 439 U.S. 410, 415-16, 99 S.Ct. 693, 58 L.Ed.2d 619 (1979) for the proposition that First Amendment protection is not lost where an employee discloses official misconduct directly to employer rather than to the public); see also Taylor v. Keith, 338 F.3d 639, 643-46 (6th Cir.2003) (<HOLDING>). Therefore, Vasapolli and Bisignani’s argument Options: A. holding that the absence of a motivating desire to address a matter of public concern was not dispositive as to whether the speech addressed a matter of public concern B. holding that when a person reports cases of possible patient abuse that speech is a matter of public concern C. holding that an officers report of misconduct by fellow officer is a matter of public concern D. holding that police reports raising allegations of misconduct by other officers touched upon a matter of public concern evenif drafted within the scope of employment and not disclosed to the media E. holding that alleged misconduct by public officials particularly by law enforcement officials is matter of public concern

assistant: The best answer is D. holding that police reports raising allegations of misconduct by other officers touched upon a matter of public concern evenif drafted within the scope of employment and not disclosed to the media
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 Executive’s employment hereunder shall terminate upon the death of the Executive. The Company shall have no obligation to make payments to the Executive in accordance with the provisions of Sections 3 or 4 above, or, except as otherwise required by law or the terms of any applicable benefit plan, to provide the benefits described in Section 5 above, for periods after the date of the Executive’s death except for then applicable Base Salary earned and accrued through the date of death, payable to the Executive or his successor.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: The Posts clearly could have litigated the insurance claim in their prior foreclosure action. A foreclosure judgment determines with finality the rights of the parties to the contract. See Shuput v. Lauer, 109 Wis. 2d 164, 172, 325 N.W.2d 321, 326 (1982). The effect of strict foreclosure is to bar and foreclose the purchaser's equitable interest in the property and terminate the purchaser's rights under the contract. Kallenbach v. Lake Publications, Inc., 30 Wis. 2d 647, 653, 142 N.W.2d 212, 215 (1966). Foreclosure also "is effective to fully liquidate and discharge the contract . . . [and] bars any other rights of the vendor under the contract." Id. (quoting 3 American Law of Property sec. 11.75 at 187 (1952)); see also Kunz v. Whitney, 167 Wis. 446, 449-50, 167 N.W. 747, 748 (1918) (<HOLDING>). This, we conclude, "conforms to the parties' Options: A. holding that the land contract vendors were entitled to insurance benefits when before the fire that damaged the subject property the vendors obtained a judgment of forfeiture based on the vendees default on the land contract B. holding that when a contract is unambiguous the court will enforce the plain meaning of the contract as the intention of the parties C. recognizing that the elements of a claim for breach of contract are 1 existence of a valid contract and 2 breach of the terms of that contract D. holding that when the holder of a land contract repurchases the land in foreclosure the contract between the parties is effectively canceled and the purchaser is relieved of any unperformed obligations of the contract E. holding where exempt organization was in possession of real property under land contract obligating organization to pay the purchase price and use land for exempt purpose the association was the owner of the land within the meaning of the statute

assistant: The best answer is D. holding that when the holder of a land contract repurchases the land in foreclosure the contract between the parties is effectively canceled and the purchaser is relieved of any unperformed obligations of 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 case excerpt and choose the best holding from the options. Case excerpt: and as Next Friend of Jonathan Espeche, a minor, take nothing by reason of her suit....” Because Espeche’s live pleading at the time judgment was signed, November 5, contained a claim on behalf of Jonathan, the record demonstrates the trial court considered Espeche's second amended original petition. 7 . In addition, there is a practical reason why Ritzell’s amended motion was not properly before the court. Had the trial court actually granted Ritzell leave to file the amended motion so close to the date of the hearing, Es-peche would have been entitled, pursuant to Rule 166a(c), to a period of time in which to file a response to the new ground presented in the amended motion. See, e.g., Sams v. N.L. Indus. Inc., 735 S.W.2d 486, 488 (Tex.App.—Houston [1st Dist.] 1987, no writ) Options: A. holding that in a traditional motion for summary judgment the burden shifts to the nonmovant to raise a fact issue after the movant has facially established its right to judgment as a matter of law B. holding that summary judgment was appropriate when no reasonable factfinder could have found for the nonmovant C. holding nonmovant was entitled to the mandatory 21 day notice period when movant adds additional grounds for summary judgment D. holding that if the movant cannot demonstrate conclusively that the nonmovant cannot prevail summary judgment is precluded E. holding that once movant established right to summary judgment burden shifts to nonmovant to demonstrate otherwise

assistant: The best answer is C. holding nonmovant was entitled to the mandatory 21 day notice period when movant adds additional grounds for summary judgment
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 required or permitted hereunder shall be in writing and shall be deemed effectively given: (a) upon personal delivery to the party to be notified, (b) five (5) days after having been sent by registered or certified mail, return receipt requested, postage prepaid, or (c) one (1) Business Day after deposit with a nationally recognized overnight courier, specifying next Business Day delivery, with written verification of receipt. All notices and other communications shall be sent to the Company or the Investors, respectively, at the address listed on the signature page hereof or at such other address as the Company or the Investors, respectively, may designate by ten (10) days’ advance written notice to the other parties hereto.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: ASSIGNOR hereby sells, assigns, transfers, and sets over to the ASSIGNEE and its successors and assigns all of ASSIGNOR’s worldwide right, title, and interest in and to the PATENTS, including, without limitation, all (i) reissues, divisions, renewals, extensions, provisionals, continuations, and continuations-in-part of the PATENTS, and (ii) rights to apply in any or all countries of the world for patents, certificates of invention, or other governmental grants for the PATENTS, including without limitation under the Paris Convention for the Protection of Industrial Property, the International Patent Cooperation Treaty, or any other convention, treaty, agreement, or understanding.

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: proceedings ... [under] the Juvenile Court Act of the District of Columbia, not on the right to assistance of counsel under the Sixth Amendment.” Cradle v. Peyton, 208 Va. 243, 245-47, 156 S.E.2d 874, 876-77 (1967). Appellant has cited no controlling legal authority providing that a juvenile defendant has a constitutional right to a transfer hearing before being treated as an adult. The cases he cites provide, at most, that juvenile proceedings, including transfer proceedings, when provided for by statute, “ ‘must measure up to the essentials of due process and fair treatment.’ ” Anderson v. Commonwealth, 15 Va.App. 226, 229, 421 S.E.2d 900, 902 (1992) (quoting Kent, 383 U.S. at 562, 86 S.Ct. at 1058); see Cheeks v. Commonwealth, 20 Va.App. 578, 583-86, 459 S.E.2d 107, 109-11 (1995) (<HOLDING>); see also Lewis v. Commonwealth, 214 Va. 150, Options: A. holding 1 record must affirmatively show summons with which juvenile was served for jurisdiction to vest in juvenile court and 2 no jurisdiction existed despite juveniles attendance because no affirmative showing of service was made B. holding juveniles statement inadmissible when after being placed in custody police took juvenile to police station and held juvenile in area where adult suspects were held instead of taking juvenile to a juvenile processing office or any of the places listed as an alternative in section 5202 and placing juvenile in specifically designated office for juveniles C. holding that procedure for juvenile transfer appeal review in circuit court under former code 161269e was jurisdictional and that failure to provide juvenile with statutory review that complied with due process as spelled out in kent required that juveniles convictions be vacated D. recognizing juveniles right to counsel in certain juvenile proceedings E. holding that the court without violating due process of the law may conduct a hearing to determine whether to waive juvenile jurisdiction even if the juvenile fails to appear if counsel is present and allowed to participate on the juveniles behalf

assistant: The best answer is C. holding that procedure for juvenile transfer appeal review in circuit court under former code 161269e was jurisdictional and that failure to provide juvenile with statutory review that complied with due process as spelled out in kent required that juveniles convictions be vacated
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: To the best of knowledge of the Sellers, CDRW has complied in all material respects, with, and is not in violation of any, federal, state, or local statute, law, and/or regulation pertaining. To the best of the knowledge of the Sellers, CDRW has complied with all federal and state securities laws in connection with the offer, sale and distribution of its securities. At the time that CDRW sold Shares to the Sellers, CDRW was entitled to use the exemptions provided by the Securities Act of 1933 relative to the sale of its Shares. The Shares being sold herein are being sold in a private transaction between the Sellers and the Purchaser, and the Sellers make no representation as to whether the Shares are subject to trading restrictions under the Securities Act of 1933, as amended and rules thereunder.

assistant: Compliance With 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: California state prisoner, Hector Hernandez, appeals the dismissal of his 28 U.S.C. § 2254 petition as untimely. We have jurisdiction pursuant to 28 U.S.C. § 2253. We review de novo, see Delhomme v. Ramirez, 340 F.3d 817, 819 (9th Cir.2003) (per curiam), and we vacate and remand. Hernandez is entitled to statutory tolling during the entire time he was seeking one full round of collateral review by the California courts. See 28 U.S.C. § 2244(d); Biggs v. Duncan, 339 F.3d 1045, 1048 (9th Cir.2003). Because Hernandez’s October 28, 2001, state habeas petition was an overlapping petition that began a separate round of review, it did not affect tolling during his second full round of review. See Delhomme, 340 F.3d at 819-21 (<HOLDING>). Accordingly, Hernandez’s 28 U.S.C. § 2254 Options: A. holding that overlapping state habeas petitions begin a separate round of review and do not disturb the pendency of petitioners first round of review B. holding petitioner cannot circumvent time requirements for seeking certiorari review of an order denying a motion for a protective order by filing a successive motion seeking the same relief and seeking certiorari review that is timely only with respect to the order denying the second motion C. recognizing that a habeas petitioner may be entitled to tolling during a second round of petitions but holding that the statute is not tolled between rounds D. holding that overlapping petitions do not affect tolling during the time petitioner is seeking one full round of review E. holding that equitable tolling is available for petitions filed pursuant to 28 usc 2255

assistant: The best answer is D. holding that overlapping petitions do not affect tolling during the time petitioner is seeking one full round of review