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: (quoting First Nat'l City Bank v. Banco Para El Comercio Exterior de Cuba, 462 U.S. 611, 633, 103 S.Ct. 2591, 77 L.Ed.2d 46 (1983)). 33 . Id. (citing Restatement (Second) of Agency § 1). Accord Itel Containers Int’l Corp. v. Atlanttrafik Exp. Serv. Ltd., 909 F.2d 698, 702-03 (2d Cir.1990) (establishing similar standards concerning express and implied agency). 34 . See Wiwa v. Royal Dutch Petroleum Co., 226 F.3d 88, 95-96 (2d Cir.2000). See also In re Parmalat Secs. Litig., 375 F.Supp.2d 278, 295 (S.D.N.Y.2005) (seeking “direction and help” from the parent company creates a plausible inference of agency). 35 . Phelan v. Local 305 of the United Ass'n of Journeymen, 973 F.2d 1050, 1062 (2d Cir.1992). Accord Doro v. Sheet Metal Workers Int’l Ass’n, 498 F.3d 152, 156 (2d Cir.2007) (<HOLDING>). 36 . Hamm v. United States, 483 F.3d 135, 140 Options: A. holding that determination of whether someone is an employee under the adea must be made in accordance with common law agency principles B. recognizing that common law agency principles extend the right to sue a principal that ratifies the illegal act of an agent C. holding that while an agents knowledge is imputed to the principal due to the identity of interests that is presumed when an agent acts within the scope of an agency relation this rule does not operate in the converse and the agent cannot be imputed with the information which its principal has failed to give it D. holding that agency relationship existed where principal paid plaintiff directly and written agreement stated agent was signing on behalf of principal E. holding that a principal is bound by a contract entered into by the principals agent on her behalf if the agent had authority to bind the principal

assistant: The best answer is B. recognizing that common law agency principles extend the right to sue a principal that ratifies the illegal act of an agent
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Borrower has obtained and has delivered to Lender certificates of insurance for the Policies, and upon request will deliver certified copies of all of the Policies, with all premiums prepaid thereunder, reflecting the insurance coverages, amounts and other requirements set forth in this Agreement. No claims have been made under any of the Policies which are reasonably likely to have a material adverse effect on the Property or Borrower, and, to Borrower’s Knowledge, no Person, including Borrower, has done, by act or omission, anything which would impair the coverage of any of the Policies.

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: under Nevada’s “sale for resale” exemption. Instead, because the Nugget’s purchases of unprepared food were clearly not taxable under Nevada’s food exemption, the issue before us is whether the Nugget’s later use of that food (by preparing it and giving it away to patrons and employees free of charge) was taxable. For this reason, the Nugget’s “primary purpose” for obtaining the unprepared food is irrelevant to our resolution of this appeal, and our decision in Nevada Cement does not apply here. 3 Wood v. Safeway, Inc., 121 Nev. 724, 729, 121 P.3d 1026, 1029 (2005). 4 Walker v. Dist. Ct., 120 Nev. 815, 819, 101 P.3d 787, 790 (2004). 5 Nevada Power Co. v. Public Serv. Comm’n, 102 Nev. 1, 4, 711 P.2d 867, 869 (1986); see Harvey v. Dist. Ct., 117 Nev. 754, 763, 32 P.3d 1263, 1269 (2001) (<HOLDING>). 6 Nevada Power, 102 Nev. at 4, 711 P.2d at Options: A. holding that specific statutory provisions take priority over general statutory provisions B. holding that public policy must be evidenced by constitutional or statutory provisions C. recognizing that the rules of statutory construction apply when we interpret constitutional provisions D. holding that courts interpret indemnity provisions same as written contracts E. holding that rule of construction that specific statutory provisions control general ones should not be applied where provisions can be harmonized

assistant: The best answer is C. recognizing that the rules of statutory construction apply when we interpret constitutional provisions
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 of the Group Companies is classified as a disregarded entity pursuant to section 301.7701-3 of the Treasury regulations. None of the Group Companies has made an election pursuant to section 301.7701-3 of the Treasury regulations to be classified as an association. To Seller’s Knowledge: (i) all tax returns and tax reports required by Governmental Authority with respect to the Group Companies have been filed on a timely basis (including extensions) and are true, correct and complete; (ii) all taxes shown due on tax returns filed with any Governmental Authority with respect to taxes paid by or with respect to the Group Companies have been paid; (iii) no claim has been made or is expected to be made by any Governmental Authority with respect to taxes paid by or with respect to the Group Companies on their tax returns; and (iv) there are no encumbrances on any of the Mineral Assets that have arisen in connection with any failure (or alleged failure) of the Group Companies to pay any tax to any Governmental Authority.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: was merely a voidable act. They rely on Sikes v. Global Marine, Inc., 881 F.2d 176 (5th Cir.1989), rehearing denied by 888 F.2d 1388 (5th Cir.1989), in which the Fifth Circuit found that the filing of a complaint in violation of the stay was voidable but not void. Id. at 178-79. The court reasoned that provisions of the Bankruptcy Code such as section 362(d), by giving courts the power to grant retroactive relief from a stay, indicated Congressional intent that acts in violation of a stay be simply voidable. Id. Spring Meadows, however, urges us to adopt the rule of the Ninth Circuit that any act committed in violation of an automatic stay is void. Hillis Motors, Inc. v. Hawaii Auto. Dealers Ass’n, 997 F.2d 581, 586 (9th Cir.1993); In re Schwartz, 954 F.2d 569, 571-72 (9th Cir.1992) (<HOLDING>). The circuit court found such acts void even Options: A. recognizing that any action taken in violation of the automatic bankruptcy stay is void and without effect B. holding that violations of the automatic stay are void and rejecting the reasoning of sikes C. holding judgment in violation of automatic stay void D. holding that the automatic stay did not bar the filing of a proof of claim where the debtor actively litigated a separate action during the pending bankruptcy proceeding because to permit the automatic stay provision to be used as a trump card played after an unfavorable result was reached would be inconsistent with the underlying purpose of the automatic stay E. holding that an action taken in violation of the automatic stay is void ab initio

assistant: The best answer is B. holding that violations of the automatic stay are void and rejecting the reasoning of sikes
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: (a) Each of the Lenders and each Agent hereby agrees that it shall not disclose any financial reports and other information from time to time supplied to it by the Company hereunder to the extent that such information is not and does not become publicly available and which the Company indicates at the time is to be treated confidentially, provided , however , that nothing herein shall affect the disclosure of any such information (i) by the Administrative Agent to any Lender, (ii) to the extent required by law (including statute, rule, regulation or judicial process), (iii) to counsel for any Lender or any Agent or to their respective independent public accountants, (iv) to bank examiners and auditors and appropriate government examining authorities or self-regulatory bodies having or claiming oversight any Lender or its affiliates, (v) to any Agent or any other Lender, (vi) in connection with any litigation to which any Lender or the Administrative Agent is a party relating hereto or in connection with the exercise of any remedies hereunder, (vii) to actual or prospective assignees and participants as contemplated by Section 9.06(e), (viii) to any Affiliate of any Agent or any Lender or to such Agent’s, Lender’s or Affiliate’s officers, directors, employees, agents and advisors, provided that, prior to any such disclosure, such Affiliate or such Affiliate’s officers, directors, employees, agents or advisors, as the case may be, shall agree to preserve the confidentiality of any confidential information relating to the Company received by it, (ix) to any actual or prospective party (or its managers, administrators, trustees, partners, directors, officers, employees, agents, advisors and other representatives) to any swap, derivative, financial insurance or other transaction under which payments are to be made by reference to the Borrowers and their obligations hereunder, this Agreement or payments hereunder (it being understood that the DQ List may be disclosed to any assignee or Participant, or prospective assignee or Participant (in each case, for the avoidance of doubt, other than any Disqualified Institution), in reliance on this clause (ix)) or (x) with the written consent of the Company; a determination by a Lender or an Agent as to the application of the circumstances described in the foregoing clauses (i)-(ix) being conclusive if made in good faith; and each of the Lenders and each Agent agrees that it will follow procedures which are intended to put any transferee of such confidential information on notice that such information is confidential.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Award shall be construed and administered in accordance with the laws of the State of Missouri without regard to the principles of conflicts of law which might otherwise apply. Notwithstanding the above, Section 6(a) shall be construed and administered in accordance with the laws of the Commonwealth of Massachusetts and to the extent Section 6(a) is deemed unenforceable under Massachusetts General Laws Chapter 149, § 24L, Section 6(a) shall be revised so as to conform with such statute and enforced to the maximum extent permitted under applicable law. Any civil action arising under or relating to this Agreement shall be required to be brought in the state courts located within the Commonwealth of Massachusetts, Suffolk County, where the Superior Court or the Business Litigation Session of the Superior Court shall have exclusive jurisdiction.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: If the Participant remains continuously employed by the Company or a Subsidiary through each Vesting Date set forth in the Notice of Grant, the Restricted Stock Units shall vest (it being understood that Units shall vest cumulatively).

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 case excerpt and choose the best holding from the options. Case excerpt: against Brady, determining that he was barred from relit-igating factual issues the Board had considered. The court did not address the challenges to Brady’s transfer or the College’s “dissent” policy, but entered final judgment in favor of defendants on all claims. II. STANDARD OF REVIEW Our review of Brady and Thorn-quest’s first amendment claims is de novo. See Clark v. Coats & Clark, Inc., 929 F.2d 604, 609 (11th Cir.1991). III. DISCUSSION In § 1983 actions, federal courts must afford the same preclusive effect to unre-viewed state administrative agency factfind-ing to which it would be entitled in the state’s courts, provided the state agency was “acting in a judicial capacity,” and “resolve[d] disputed issues of fact properly before it ty, 902 F.Supp. 1503, 1506 (M.D.Fla.1995) (<HOLDING>); Weaver v. School Bd. of Leon County, 661 Options: A. holding that a county ordinance imposing an impact fee on new residential construction to be used for new school facilities did not constitute an unauthorized delegation of power from the county to the school board because the fundamental policy decisions were made by the county and the discretion of the school board was sufficiently limited B. holding that the special relationship exception does not apply to the relationship between a student and a school C. recognizing employeremployee relationship between board of trustees and tenured guidance counselor D. holding that intraconspiracy doctrine applied to plaintiffs claims against school board teacher school principal and district superintendent E. recognizing employeremployee relationship between county school board and teacher

assistant: The best answer is E. recognizing employeremployee relationship between county school board and teacher
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: 950 F.Supp. 493, 498 (E.D.N.Y.1996). Statutory claims that are penal in nature extinguish at the party’s death, whereas claims that are remedial in nature survive the party’s death. See id; see also Ashlar v. Honeywell, Inc., 95 F.R.D. 419, 423 (D.Conn.1982) (“Federal common law has long adopted the traditional rule that actions for penalties do not survive the death of a party.”). Courts look to three factors to determine whether a civil action brought under a statute is penal or remedial for purposes of survivability: “(a) whether the purpose of the acti in the context of interpreting coverage provided by an insurance contract, TCPA claims are remedial. See Hooters of Augusta, Inc. v. Am. Glob. Ins. Co., 272 F.Supp.2d 1365, 1375 (S.D.Ga.2003) aff'd, 157 Fed.Appx. 201 (11th Cir.2005) (<HOLDING>); see also Alea London Ltd. v. Am. Home Servs., Options: A. holding that for the purposes of standing to bring an action to recover on a contract privity is established by proving the defendant was a party to an enforceable contract with either the plaintiff or a party who assigned its cause of action to the plaintiff B. holding that section 227b3 is remedial because one of its purposes is to redress harms to individuals who are forced to absorb the costs associated with receiving unsolicited faxes and additionally any award of actual or statutory damages issues to the harmed individual or entity not to a third party C. holding tcpa is remedial statute and that statutory damages are not punitive damages D. recognizing that a court can exercise its discretion not to award costs to a prevailing party as long as the court states its reasons for refusing to permit the award E. holding that when governmental entity asserts affirmative claim for monetary damages against party entity does not have immunity from partys claims germane to connected to and properly defensive to claims asserted by the entity to the extent any recovery on those claims will offset any recovery by entity

assistant: The best answer is B. holding that section 227b3 is remedial because one of its purposes is to redress harms to individuals who are forced to absorb the costs associated with receiving unsolicited faxes and additionally any award of actual or statutory damages issues to the harmed individual or entity not to a third party
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 of the Banks hereby irrevocably appoints Industrial and Commercial Bank of China Limited, New York Branch to act on its behalf as the Administrative Agent hereunder and under the other Loan Documents and authorizes the Administrative Agent to take such actions on its behalf and to exercise such powers as are delegated to the Administrative Agent by the terms hereof or thereof, together with such actions and powers as are reasonably incidental thereto. The provisions of this Article are solely for the benefit of the Administrative Agent and the Banks, and no Borrower shall have rights as a third party beneficiary of any of such provisions.

assistant: Authority
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: companies engaged in the same type of business as Cereva and Pirus. This court stated, “in view of [defendant’s] position at EMC and access to confidential and proprietary information relating to EMC’s product and marketing plans ... a restriction of one year is reasonable.” Id. This court further held that, ”[t]he market for open storage products in which EMC and Sun [the subsequent employer] compete is worldwide.” Id. The covenant not to compete in the Agreement at bar is likewise reasonable in geographical scope and length of time. III. Irreparable Harm Cereva has made a showing that it will suffer irreparable harm if an injunction fails to issue since it stands to lose customer good will which cannot be completely remedied through monetary damages. See Kroeger, supra, at 322 (<HOLDING>). IV. Balance of Harm This court is well aware Options: A. holding that where a defendant acknowledged awareness of the consequences of his plea agreement counsels erroneous explanation of the consequences was not prejudicial B. holding that an attorney is required to advise a defendant of the direct consequences of a plea and will not be found ineffective for failing to advise of collateral consequences of the plea C. holding that to violate a specific intent statute the defendant must act with the purpose of violating the law D. holding courts role is to ensure that agency took hard look at the environmental consequences and convincingly documented its fonsi E. holding that the task of quantifying the consequences of violating a noncompetition clause is a particularly hard and elusive one

assistant: The best answer is E. holding that the task of quantifying the consequences of violating a noncompetition clause is a particularly hard and elusive one
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 constitutes the entire agreement between the parties who have executed it and supersedes any and all other agreements, understandings, negotiations, or discussions, either oral or in writing, express or implied, between the parties to this Agreement. The parties hereto acknowledge that no representations, inducements, promises, agreements, or warranties, oral or otherwise, have been made by them, or anyone acting on their behalf, which are not embodied in this Agreement, that they have not executed this Agreement in reliance on any such representations, inducements, promise, agreement or warranty, and that no representation, inducement, promise, agreement or warranty not contained in this Agreement, including, but not limited to, any purported supplements, modifications, waivers or terminations of this Agreement shall be valid or binding, unless executed in writing by all of the parties to this Agreement.

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: and has deleted the last sentence that addresses meeting the requirements of rules 402 and 403. However, under the amended version, evidence must still conform with rules 402 and 403 to be admissible. See Utah R. Evid. 404(b) advisory committee’s note. 5 . See note 4. 6 . The Utah Supreme Court has recently applied the analysis to determine if prior bad acts evidence is admissible for the proper non-character purposes of identity and knowledge under rule 404(b). See State v. Fedorowicz, 2002 UT 67, 52 P.3d 1194. 7 . Because J.B.’s testimony is admissible to show intent, I find it unnecessary to address the State's argument concerning the admissibility of prior bad acts evidence to corroborate the victim’s testimony. See State v. Marks, 120 Idaho 727, 819 P.2d 581, 585 (App.1991) (<HOLDING>). However, in his concurring opinion, Judge Options: A. holding that a prior conviction for using a communications device to facilitate the distribution of cocaine was admissible under rule 404b to prove that the defendant had the requisite intent to distribute cocaine B. holding evidence of intent to arouse or gratify sexual desire is relevant where it is an element of the crime charged C. holding that voluntary intoxication is a defense to a charge of assault and battery with intent to gratify sexual desires D. holding where the prosecution had to prove the defendant had the intent to gratify his sexual desires that the intent exception to rule 404b is dispositive E. holding that the rule 404b evidence admitted to prove intent was clearly relevant because intent was at issue in the trial

assistant: The best answer is D. holding where the prosecution had to prove the defendant had the intent to gratify his sexual desires that the intent exception to rule 404b is dispositive
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: notes that even if underwater noise does not cause a significant biological effect for the whales themselves, “there could be a significant sociocultural effect if the bowheads do not migrate b he agency must conduct greater analysis of how Shell’s activities in these particular locations, using two drillships and two icebreakers, will affect the Inupi-at’s reliance on the bowhead harvest. MMS asserts that any threat to the Inupiat’s subsistence whaling would be minimized through a conflict avoidance agreement. Again, the deficiencies in the agency’s analysis are not cured through its proposed mitigation measure. In order to rely on mitigation to obviate further analysis, the measure must be identified and its effectiveness analyzed. Nat’l Parks & Conservation Ass’n, 241 F.3d at 733-36 (<HOLDING>). Additionally, “[mjitigation must be discussed Options: A. holding that eas satisfied nepa where they considered appropriate alternatives including mitigation measures B. holding that warrants of deportation were properly characterized as nontestimonial official records that were prepared independent of this litigation and were not prepared to prove facts for use in future criminal prosecutions C. holding that an ea prepared by an agency in that case was not the functional equivalent of an eis D. holding eis must be prepared where monitoring and mitigation measures were uncertain E. holding that the rod and eis for a program were final agency action

assistant: The best answer is D. holding eis must be prepared where monitoring and mitigation measures were uncertain
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: Transferee (i) agrees that the shares of Common Stock acquired by Transferee, and certain other shares of Common Stock that may be acquired by Transferee in the future, shall be bound by and subject to the terms of the Securityholders Agreement, pursuant to the terms thereof, (ii) hereby adopts the Securityholders Agreement with the same force and effect as if he, she or it were originally a party thereto and (iii) agrees that Transferee shall be deemed to be a [insert “Management Holder” or “Holder,” as applicable] for purposes of the Securityholders Agreement.

assistant: 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: him, even though Smith was investigated in 1990, based upon rumors that she was leaving her shift early. Lastly, Smith claims that she was discriminated against when charges were brought against her in 2003, alleging that she falsified a report when, on October 18, 2001, Goess had also changed a report. She does not, however, claim that anyone was aware of the fact that Goess made such changes until he admitted to doing so in his deposition on March 16, 2007. The majority of discrete employment actions. See O’Connor v. City of Newark, 440 F.3d 125 (3d Cir.2006)(following Morgan and enumerating discrete acts that are not susceptible to the continuing violations doctrine, including “wrongful discipline”); see also Gadson v. City of Wilmington Fire Dep’t, 478 F.Supp.2d 635 (D.Del.2007)(<HOLDING>). Thus, the Court will dismiss all of Smith’s Options: A. holding that disparate impact claims are not cognizable under the adea B. recognizing cause of action under section 504 based on claims of disparate impact C. holding that plaintiffs claims of disparate treatment in defendants imposition of discipline as well as hiring and promotional policies and practices which have a disparate impact upon defendants black and hispanic employees are discrete acts that cannot be aggregated under a continuing violations theory D. holding that there is no disparate impact claim under the adea E. holding that general employment practices are relevant to eeoc investigation of individual disparate treatment claim

assistant: The best answer is C. holding that plaintiffs claims of disparate treatment in defendants imposition of discipline as well as hiring and promotional policies and practices which have a disparate impact upon defendants black and hispanic employees are discrete acts that cannot be aggregated under a continuing violations theory
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: jurisdiction after the county court certified the following questions to be of great public importance pursuant to rule 9.160, Florida Rules of Appellate Procedure: Is a defendant entitled to inspect and copy and potentially use at trial or hearing the operator’s manuals, maintenance manuals and schematics of the intoxilyzer? Assuming the answer to the above question is yes, is the appropriate remedy exclusion of the breath test for the state’s failure to provide such documentation? Under rules 9.030(b)(4)(A) and 9.160, Florida Rules of Appellate Procedure, this court has discretionary review of non-final orders of a county court containing a question certified to be of great public importance. Such is the case here. See also State v. Slaney, 653 So.2d 422, 424 (Fla. 3d DCA 1995) (<HOLDING>). Under rule 9.160(f)(1), once this court Options: A. holding that filing of appeal to federal circuit divests this court of jurisdiction to consider motion to stay court order pending appeal B. holding that when a court of appeals has jurisdiction on interlocutory appeal the scope of appellate review is not limited to the precise question certified by the district court because the district courts order not the certified question is brought before the court C. holding district court of appeal has jurisdiction to entertain states appeal from a nonfinal order of the county court certified to be of great public importance D. holding that there was appellate jurisdiction under principle that a premature notice of appeal from a nonfinal order may ripen into a valid notice of appeal if a final judgment has been entered by the time the appeal is heard and the appellee suffers no prejudice E. holding that since district court of appeal properly found that the trial court lacked jurisdiction to rule on a 3850 motion during the pendency of a direct appeal the district court of appeal should have vacated the order rather than affirming on the merits

assistant: The best answer is C. holding district court of appeal has jurisdiction to entertain states appeal from a nonfinal order of the county court certified to be of great public importance
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 any part of this Agreement is held to be invalid or unenforceable under the law, this Agreement shall be enforceable to the maximum extent permitted by such law, without invalidating the remainder of this Agreement, or invalidating the effect of such portion of this Agreement elsewhere.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Borrower will pay this loan in full immediately upon Lender's demand. Borrower will pay regular monthly payments of all accrued unpaid interest due as of each payment date, beginning July 1, 2016, with all subsequent interest payments to be due on the same day of each month after that. Unless otherwise agreed or required by applicable law, payments will be applied first to any accrued unpaid interest; then to principal; then to any late charges; and then to any unpaid collection costs. Borrower will pay Lender at Lender's address shown above or at such other place as Lender may designate in writing. All payments must be made in U.S. dollars and must be received by Lender consistent with any written payment instructions provided by Lender. If a payment is made consistent with Lender's payment instructions but received after 5:00 PM Central time, Lender will credit Borrower's payment on the next business day.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: embracing the commission of a. series of crimes so related to each other that proof of one or more tends to prove the crime charged and to connect the accused with its commission.” McClain, 240 N.C. at 176, 81 S.E.2d at 367. As a result, evidence that Defendant was involved in a long-standing plan to possess and sell or deliver prescription medications as evidenced by proof of the commission of prior bad acts is, under this State’s decisional law, admissible for the purpose of proving that Defendant possessed prescription drugs with the intent to sell and deliver on 22-23 August 2006 in furtherance of that same common plan or scheme. State v. Houston, 169 N.C. App. 367, 372-73, 610 S.E.2d 777, 781-82 (2005), disc. review denied and appeal dismissed, 359 N.C. 639, 617 S.E.2d 281 (2005) (<HOLDING>). Evidence that Defendant possessed a number of Options: A. holding that exercising general jurisdiction over defendant was improper where its actual sales in florida were a small percentage of the total sales and therefore these sales were de minimis B. holding that there was sufficient circumstantial evidence that defendant possessed cocaine when although other people were present and had access to the yard the surveilling officers testified that in the period immediately prior to the search the defendant was the only person to retrieve items from the bucket where the cocaine was found which the defendant did repeatedly as police watched C. holding that evidence of prior uncharged sexual conduct with the victim is admissible to corroborate the victims testimony D. holding evidence of uncharged prior cocaine sales with numerous similarities to those for which the defendant was on trial admissible for among other purposes showing the existence of a common plan involving the prior sales and the transactions which were the subject of the charges pending against the defendant E. holding that the fact that defendants sales in forum were less than 5 percent of its total sales volume was irrelevant so long as its sales were part of a regular course of dealing and were not isolated or exceptional events

assistant: The best answer is D. holding evidence of uncharged prior cocaine sales with numerous similarities to those for which the defendant was on trial admissible for among other purposes showing the existence of a common plan involving the prior sales and the transactions which were the subject of the charges pending against the defendant
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: provision relevant to pretrial motions filed by a criminal defendant excluded the “time after a hearing has been held where a district court awaits additional filings from the parties that are needed for proper disposition of the motion.” 476 U.S. at 331. The Court of Appeals thus did not err in affirming the finding of the district court that the entire period between filing and final disposition of Feldhacker’s pretrial motions was excluded from the speedy trial computation. In computing the excluded period, the Court of Appeals correctly followed State v. Baker, 264 Neb. 867, 652 N.W.2d 612 (2002), and determined that the first excludable day was September 22, 2000, the day after Feldhacker filed his pretrial motions. See, also, State v. Oldfield, 236 Neb. at 443, 461 N.W.2d at 561 (<HOLDING>). To the extent that State v. Recek, 263 Neb. Options: A. holding an excludable period under 2912074a commences on the day immediately after the filing of a defendants pretrial motion B. holding that time granted for preparing pretrial motions is not automatically excludable under 3161h1 but is excludable only after the district court enters appropriate findings under 3161h7a C. holding that the 120day period commences when the applicant appears in person for the interview D. holding that oneyear period commences on date of discovery of the fraudulent nature of the transfer E. holding that motion challenging pretrial detention was excludable under act

assistant: The best answer is A. holding an excludable period under 2912074a commences on the day immediately after the filing of a defendants pretrial motion
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 obligations of the Company under the EQT Plan and this Agreement, or of EQM Services under the EQM Plan and this Agreement, with respect to the Performance Awards, shall be binding on any successor to the Company or EQM Services, as the case may be, whether the existence of such successor is the result of a direct or indirect purchase, merger, consolidation, or otherwise, of all or substantially all of the business and/or assets of the Company or EQM Services, as the case may be.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: if the changes include material changes that affect your rights or obligations , we will notify you in advance of the changes by reasonable means , which could include notification through the services or via email .

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: In addition to the termination consequences set forth in Section 10.4 , the following provisions will survive termination or expiration of this License Agreement: Sections 1 , 3.3 (mutatis mutandis with respect to licenses granted to Bluebird under Section 10.4 ), 3.6 , 3.7 , 4. 4 , 5 , 8 , 9.3 , 9.4 , 9.6 , 9.7 , 10.4 , 10.5 and 11 . Termination or expiration of this License Agreement will not relieve the Parties of any liability or obligation which accrued hereunder prior to the effective date of such termination or expiration nor preclude either Party from pursuing all rights and remedies it may have hereunder or at law or in equity with respect to any breach of this License Agreement nor prejudice either Party’s right to obtain performance of any obligation. All other rights and obligations will terminate upon expiration of this License Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of Coxson, 43 F.3d 189, 194 (5th Cir.1995). The plaintiff in Coxson obtained a loan by executing a deed of trust on his property, defaulted on his mortgage payments, and filed for bankruptcy. Id. The bankruptcy court entered an agreed order that conditioned the automatic stay on the debtor’s timely mortgage payments. A few months after the order was entered, the defendants sent Coxson notice that he was in default and moved to foreclose. In response to the defendants’ foreclosure efforts, Coxson filed an adversary proceeding in the bankruptcy court, claiming that the loan documents violated the TILA. The court held that Coxson’s acts were defensive because they were in response to the defendants’ proof of claim filed in the bankruptcy court. Id. (citing In re Jones, 122 B.R. at 249) (<HOLDING>). “[T]he filing of a proof of claim, by its Options: A. holding that debtors allegation that mortgage holder failed to provide him with the statutorily required notice of foreclosure was sufficient to state a claim for wrongful foreclosure B. holding impairment of secured creditors foreclosure remedy permissible C. holding that 24 foreclosure was substantial under the facts of that case D. holding that the recoupment claim was raised defensively in response to the creditors foreclosure efforts E. holding that a failure to comply with the foreclosure statutes invalidates a foreclosure sale

assistant: The best answer is D. holding that the recoupment claim was raised defensively in response to the creditors foreclosure efforts
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: No person acting on behalf of any of the Company or under its authority is or will be entitled to a financial advisory fee, brokerage commission, finder’s fee or other like payment in connection with the transactions contemplated hereby.

assistant: Brokers
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: that very same period — benefits that had been funded in substantial part by CSXT.”). 5 . In its Response Brief, CSXT notes that Sloas never raised the jury's general verdict in his opposition to its motion to alter or amend the judgment. This apparent waiver argument is misplaced. CSXT, not Sloas, is appealing the district court’s denial of its motion to alter or amend the judgment. An appellee may defend, and this Court may affirm, the district court's judgment on any basis supported by the record. See Blum v. Bacon, 457 U.S. 132, 137 n. 5, 102 S.Ct. 2355, 72 L.Ed.2d 728 (1982) ("It is well accepted ... that ... an appellee may rely upon any matter appearing in the record in support of the judgment below.”); see also Pitt County v. Hotels.com, L.P., 553 F.3d 308, 311 (4th Cir.2009) (<HOLDING>). 6 . It is noteworthy that CSXT has requested Options: A. recognizing that the court of appeals can affirm a grant on summary judgment on any basis made apparent by the record B. recognizing that this court may affirm on any grounds apparent from the record quotation omitted C. recognizing that this court may affirm on any ground supported by the record even if it differs from the reasoning of the district court D. recognizing this court may affirm for any reason supported by the record E. holding this court may affirm on any grounds supported by the record even if different from the district courts grounds

assistant: The best answer is B. recognizing that this court may affirm on any grounds apparent from the record quotation omitted
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: we “accept as true all facts well pleaded and question only whether the plaintiff might prevail under any state of facts provable under the claim.” Cal. First Bank v. State, 1990-NMSC-106, ¶ 2,111 N.M. 64, 801 P.2d 646 (internal quotation marks and citation omitted). In doing so, “the complaint must be construed in a light most favorable to [the non-moving party] and with all doubts resolved in favor of its sufficiency.” Pillsbury v. Blumenthal, 1954-NMSC-066, ¶ 6, 58 N.M. 422, 272 P.2d 326. APPLICATION OF RULE 1-012(B)(6) {5} New Mexico is a notice pleading state. Zamora v. St. Vincent Hosp., 2014-NMSC-035, ¶ 10, 335 P.3d 1243. While this standard generally benefits plaintiffs in civil litigation, see Credit Inst. v. Nutrition Corp., 2003-NMCA-010, ¶ 22, 133 N.M. 248, 62 P.3d 339 (<HOLDING>), Rule 1-012(B)(6) nonetheless requires Options: A. holding that the complaint did not satisfy the notice pleading requirements of federal rule of civil procedure 8a because the complaint gave the defendants no notice of the specific factual allegations presented for the first time in the plaintiffs opposition to summary judgment B. holding that our liberal rules of notice pleading do not require that specific evidentiary detail be alleged in the complaint C. holding that liberal pleading standards of rules 8 and 9 applied to prayer for punitive damages D. holding that pleading rules are substantive E. recognizing the liberal notice and simplified pleading principles underlying the federal rules of civil procedure

assistant: The best answer is B. holding that our liberal rules of notice pleading do not require that specific evidentiary detail be alleged in the complaint
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: manner. High Tech Med. Instrumentation, Inc. v. New Image Indus., Inc., 49 F.3d 1551, 1555 (Fed.Cir.1995) (“The question is not what [a device] might have been made to do, but what it was intended to do and did do.... That a device could have been made to do something else does not of itself establish infringement.”) (internal quotations and citations omitted). As is the case here, however, a device may infringe if it has the present capability of functioning in the same manner described by the claim, see Intel Corp. v. United States Int’l Trade Comm’n, 946 F.2d 821, 832 (Fed.Cir.1991), and sufficient evidence has been presented to persuade the trier of fact that the device is indeed used in such a manner, see Moleculon Research Corp. v. CBS, Inc., 793 F.2d 1261, 1272 (Fed.Cir.1986) (<HOLDING>). NI’s proof was based on MathWorks’ own Options: A. holding that direct evidence of a fact is not necessary and that circumstantial evidence is not only sufficient but may also be more certain satisfying and persuasive B. holding that motive is circumstantial evidence of intent C. holding in analyzing reliance under common law fraud that circumstantial evidence is not only sufficient but in most cases is the only proof that can be adduced D. holding circumstantial evidence has equivalent standing to direct evidence in criminal prosecution E. holding that direct and circumstantial evidence are to be given the same weight when reviewing the sufficiency of the evidence

assistant: The best answer is A. holding that direct evidence of a fact is not necessary and that circumstantial evidence is not only sufficient but may also be more certain satisfying and persuasive
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: also Jackson v. Virginia, 443 U. S. 307, 319 (III) (B) (99 SC 2781, 61 LE2d 560) (1979). 2 See OCGA § 16-5-21 (a) (2). 3 See OCGA § 16-11-106 (b) (1). 4 See OCGA § 16-11-122. 5 See OCGA § 16-7-1 (a). 6 See OCGA § 16-5-91 (a). 7 No transcript of this hearing was included in the record. 8 The jury found Martin-Argaw not guilty of the aggravated assault alleged in Count 2, and the State moved for an entry of nolle prosequi on the violation of the Georgia Firearms and Weapons Act alleged in Count 7. 9 See, e.g., English v. State, 301 Ga. App. 842, 842 (689 SE2d 130) (2010). 10 Lott v. State, 303 Ga. App. 775, 775 (1) (694 SE2d 698) (2010) (citation omitted). 11 Miller v. State, 273 Ga. 831, 832 (546 SE2d 524) (2001) (citation and punctuation omitted). 12 Scott v. State 6 SE2d 69) (1996) (<HOLDING>). 19 Payne v. State, 285 Ga. 137, 138 (674 SE2d Options: A. holding that the officer acted reasonably in shooting the decedent where the plaintiff did not directly counter the defendants evidence showing that the decedent matched the description of a suspect who threatened a victim with a knife was armed with a knife and ignored the officers instructions to drop it and jabbed it at the officer while taking steps toward him B. holding that variance between indictment alleging that defendant threw a knife at the victim and proof that the knife fell out of the defendants hand as he was stabbing the victim was not fatal to conviction for aggravated assault C. holding that variance between indictment alleging that defendant held knife to victims neck and proof that defendant only pointed knife at victim was not fatal to conviction for aggravated assault D. holding a knife to the drivers neck E. holding that indictment alleging defendant committed attempted murder by stabbing with a knife was proper notice of intent to seek deadly weapon finding

assistant: The best answer is B. holding that variance between indictment alleging that defendant threw a knife at the victim and proof that the knife fell out of the defendants hand as he was stabbing the victim was not fatal to conviction for aggravated assault