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

user: Read the legal provision and list the applicable contract clause categories. Provision: All notices, requests, demands and other communications provided for hereunder shall be in writing and, if to a Borrower, mailed or delivered to it, addressed to it at the address of the Administrative Borrower specified on the signature pages of this Agreement, if to the Administrative Agent or a Lender, mailed or delivered to it, addressed to the address of the Administrative Agent or such Lender specified on the signature pages of this Agreement, or, as to each party, at such other address as shall be designated by such party in a written notice to each of the other parties. All notices, statements, requests, demands and other communications provided for hereunder shall be deemed to be given or made when delivered , or two Business Days after being deposited in the mails with postage prepaid by registered or certified mail, addressed as aforesaid, or sent by facsimile or electronic communication, in each case of facsimile or electronic communication with telephonic confirmation of receipt. All notices pursuant to any of the provisions hereof shall not be effective until received.

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: The Board of Directors shall have the right to terminate Executive’s employment and this Agreement at any time with or without Cause, and Executive shall have the right to terminate Executive’s employment and this Agreement at any time with or without Good Reason; provided that obligations under Section 4(h), this Section 5, Section 6 and Section 7 and as otherwise implied under the terms of this Agreement shall survive any termination of the Agreement. In the event of the termination of Executive’s employment, the Company shall provide Executive the Accrued Benefits, subject to the limitation specified in Section 5(c).

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: sentencing co-defendants, because consis ) (a sentence within statutory limits that is challenged as excessive is a plea for leniency that the court only reviews for abuse of discretion); People v. Alexander, 239 Ill. 2d 205, 940 N.E.2d 1062, 1066, 346 Ill. Dec. 458 (Ill. 2010); State v. Guidry, 79 So. 3d 1242, 1244 (La. App. 2011) (a trial court has wide discretion to impose a sentence within the range set by the legislature, and such sentence shall not be set aside absent manifest abuse of discretion); State v. Blackmon, 202 N.J. 283, 997 A.2d 194, 202 (N.J. 2010); State v. Overbey, 2010 SD 78, 790 N.W.2d 35, 40 (S.D. 2010);. 3 See also Salaz v. Gov’t of the V.I., 49 V.I. 546, 558 (D.V.I. App. Div. 2007); and Gov’t of the V.I. v. Martinez, 42 V.I. 146, 149 (D.V.I. App. Div. 1999) (<HOLDING>). 4 I also disagree that Superior Court Rule Options: A. holding that a sentence that falls within statutory limits is presumptively valid and will not be reversed absent a showing of improper procedure or abuse of discretion B. holding that rulings on admissibility of evidence are within the discretion of the trial court and will not be disturbed absent a showing of abuse of that discretion C. holding that the admission or exclusion of evidence is within discretion of the trial court and that such determinations will not be disturbed on appeal absent clear abuse of discretion D. holding that a trial courts order in a probationrevocation proceeding will not be reversed absent a clear abuse of discretion E. holding that a sentence imposed within statutory limits will not be disturbed on appeal absent an abuse of discretion by the trial court

assistant: The best answer is A. holding that a sentence that falls within statutory limits is presumptively valid and will not be reversed absent a showing of improper procedure or abuse of discretion
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Purchaser has the requisite power and authority, has taken all actions required by its organizational documents and applicable law, and has obtained all necessary consents, to execute and deliver this Contract and to consummate the transactions contemplated in this Contract. The person signing this Contract on behalf of Purchaser is authorized to do so. Performance of this Contract by Purchaser will not result in any breach of, or constitute any default under, any agreement or other instrument to which Purchaser is a party or by which Purchaser is bound.

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 legal provision and list the applicable contract clause categories. Provision: All notices required to be given under this Note shall be given to each of the parties at such address as a party may designate by written notice to the other party. Notices may be transmitted by facsimile, certified mail, private delivery, or any other commercially reasonable means, and shall be deemed given upon receipt by the Party to whom they are addressed.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: good faith basis for Plaintiffs lack of credibility. To hold otherwise would be to sanction “virtually no limits on discovery once a party invokes the mantra of ‘credibility’ as the basis for a discovery request.” Barrington, 2007 WL 4370647, at *5; see also Chamberlain, 2007 WL 2786421, at *3 (“[T]he Defendant has not alleged any reason to believe that the Plaintiff has misrepresented information during the course of this litigation with regard to his previous employment to substantiate such a broad search of his employment records on this ground.”); Premer v. Corestaff to prove specific instances of a witness’s conduct in order to attack or support the witness’s character for truthfulness.” Fed. R.Evid. 608(b); see also Hango v. Royall, 466 Fed.Appx. 30, 34 (2d Cir.2012) (<HOLDING>). Additionally, before admitting any such Options: A. holding that apparel cleaners submission of false statements of their receipts a percentage of which were to be paid to the united states did not constitute false claims within the meaning of the federal false claims act B. holding both that a defendants prior disciplinary history was properly precluded because it did not involve an element of deceit or falsification and that defendants earlier allegedly false statements could not be admitted because proving their falsehood would have required the introduction of extrinsic evidence showing the statements made to be false C. recognizing that evidence of government knowledge of the defendants conduct could be part of a defendants argument that it did not knowingly submit false claims D. holding that false statements are constitutionally protected E. holding that an attorney who made false representations to a court did not violate okla rpc 33 because that rule addresses professional misconduct as an advocate for making false statements to a tribunal not false statements by a lawyer as a witness

assistant: The best answer is B. holding both that a defendants prior disciplinary history was properly precluded because it did not involve an element of deceit or falsification and that defendants earlier allegedly false statements could not be admitted because proving their falsehood would have required the introduction of extrinsic evidence showing the statements made to be false
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: You acknowledge that you have knowingly and voluntarily entered into this Agreement and that the Company advises you to consult with an attorney before signing this Agreement. You understand and acknowledge that you have been given the opportunity to consider this Agreement for twenty-one (21) days from your receipt of this Agreement before signing it (the “ Consideration Period ”). To accept this Agreement, you must return a signed original or a signed PDF copy of this Agreement so that it is received by Bradford J. Smith (BSmith@goodwinlaw.com) at or before the expiration of the Consideration Period. If you sign this Agreement before the end of the Consideration Period, you acknowledge that such decision was entirely voluntary and that you had the opportunity to consider this Agreement for the entire Consideration Period. For the period of seven (7) days from the date when you sign this Agreement, you have the right to revoke this Agreement by written notice to Mr. Smith, provided that such notice is delivered so that it is received at or before the expiration of the seven (7) day revocation period. This Agreement shall not become effective or enforceable during the revocation period. This Agreement shall become effective on the first business day following the expiration of the revocation period (the “ Effective Date ”).

assistant: Effective Dates
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 has been executed and delivered in the State of Maryland and shall in all respects be governed by, and construed and enforced in accordance with, the laws of the State of Maryland without reference to its principles of conflicts of law.

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: Other than (a) as disclosed in the Company SEC Documents, including with respect to any potential restructuring of FES and any potential proceedings arising in connection therewith, or otherwise disclosed in the Confidential Disclosure Letter, (b) with respect to U.S. Department of Energy or Federal Energy Regulatory Commission actions in support of baseload generation or (c) in connection with the Tax Cuts and Jobs Act, there are no legal or governmental proceedings pending or, to the knowledge of the Company, threatened, to which the Company or any Subsidiary of the Company is a party or to which any of the properties of the Company or any Subsidiary of the Company are subject wherein an unfavorable decision, ruling or finding would, individually or in the aggregate, reasonably be expected to materially and adversely affect the Company’s business, financial condition or results of operations or the Company’s ability to perform its obligations under this Agreement .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: With the exception of those terms and conditions specifically modified and amended herein, the herein referenced Lease shall remain in full force and effect in accordance with all its terms and conditions. In the event of any conflict between the terms and provisions of this Fifth Amendment and the terms and provisions of the Lease, the terms and provisions of this Fifth Amendment shall supersede and control.

assistant: Miscellaneous
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: 1307 (4th Cir.1986)). In making this decision, the district court must draw all reasonable inferences arising from the proof, and resolve all factual disputes, in favor of the plaintiff. Id. For actions removed to federal court from the state courts of North Carolina, the personal jurisdiction inquiry requires the court to ask whether its exercise of jurisdiction over an individual interferes with that individual’s Fourteenth Amendment due process liberty interests. Vishay Intertechnology, Inc. v. Delta Int’l Corp., 696 F.2d 1062, 1065 (4th Cir.1982) (the two-step personal jurisdiction analysis is collapsed into a single question of due process in actions removed to federal court from North Carolina) (citing Dillon v. Numismatic Funding Corp., 291 N.C. 674, 231 S.E.2d 629, 630 (1977) (<HOLDING>)) One surviving claim against the Individual Options: A. holding plaintiffs allegation that defendants committed torts in texas was sufficient to bring defendants under the longarm statute B. holding the due process clause of the fourteenth amendment extends the right to jury trial to defendants in serious criminal cases in state courts C. holding that proof of fraud necessarily establishes a violation of north carolinas unfair and deceptive trade practices statute nc gemstat 7511 D. holding that north carolinas longarm statute extends to the limits of due process E. recognizing that the ohio longarm statute does not extend to the limits of due process and focusing the inquiry on whether defendant established sufficient business contacts with ohio

assistant: The best answer is D. holding that north carolinas longarm statute extends to the limits of due process
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: 1008-09 (D.C.2002) (same); Am. Online, Inc. v. Booker, 781 So.2d 423, 425 (Fla.App.2001) (same). Whether the forum selection clause also binds Julie is a closer call. Julie’s only role in the transaction was to provide Mary with her credit card number after Adsit informed Mary that company policy required that a customer’s shipping and billing addresses be the same. Mary then placed the order, using Julie’s credit card number and address to complete the transaction. Thus, Julie did not personally accept Adsit’s policy, including the forum selection clause. If Mary was acting as Julie’s agent, however, then Julie is bound to the terms of the contract, including the forum selection clause. See Heritage Dev. of Ind., Inc. v. Opportunity Options, Inc., 773 N.E.2d 881, 888 (Ind.Ct.App.2002) (<HOLDING>). In determining whether a person is acting as Options: A. 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 B. holding that agency relationship existed where principal paid plaintiff directly and written agreement stated agent was signing on behalf of principal C. recognizing that statements made by agent on behalf of principal to principals attorney may be protected by principals attorneyclient privilege D. holding that when an agent has limited authority and informs the third party of this limitation the principal is not bound by the agents actions that exceed that authority E. holding a power of attorney allows a principal to convey to an agent the authority to act on its behalf in identified matters

assistant: The best answer is A. 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
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: As used in this Amendment, each of the terms defined in the opening paragraph and the Introduction above shall have the meanings assigned to such terms therein. Each term defined in the Credit Agreement and used herein without definition shall have the meaning assigned to such term in the Credit Agreement, unless expressly provided to the contrary. Article, Section, Schedule, and Exhibit references are to Articles and Sections of and Schedules and Exhibits to this Amendment, unless otherwise specified. Section 1.2 of the Credit Agreement is hereby incorporated by reference herein mutatis mutandis.

assistant: Defined Terms
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 party hereto agrees to execute and deliver such additional documents and instruments and to perform such additional acts as any party may reasonably request or as may be reasonably necessary or appropriate to effectuate, consummate and perform any other terms, provisions, or conditions of this First Amendment or the Original Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Amendment shall be subject to the provisions of Sections 17(b), 17(c), 17(d), 18 and 19 of the Guaranty Agreement, each of which is incorporated by reference herein, mutatis mutandis .

assistant: Miscellaneous
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: proprietary, or a trade secret. The district court denied Zee Medical’s motion and this appeal followed. III. Discussion A Amount in Controversy As a preliminary matter, Miller and FA2000 argue that the district court did not have jurisdiction over this lawsuit because the amount in controversy does not exceed $75,000. See 28 U.S.C. § 1332. They base this argument solely on their assertion that at the time of the preliminary injunction hearing, they presented uncontested evidence that the total sales to former Zee Medical customers totaled only $7,000, with the net prof hat the district court applied an incorrect standard, we conclude that the denial of Zee Medical’s motion for preliminary injunction was proper. See SCFC ILC, Inc. v. Visa USA Inc., 936 F.2d 1096, 1100 (10th Cir.1991) (<HOLDING>). Pursuant to Colorado law, a covenant not to Options: A. holding that a hearing must be held to determine credibility in preliminary injunction cases B. holding that when the district court applies the wrong preliminary injunction standard this court may review the record to determine whether the injunction is justified C. holding that court can consider inadmissible evidence in the context of a motion for preliminary injunction D. holding that where a district courts preliminary injunction preventing the appellant from terminating its agreement with the defendant had expired the appellants appeal of the district courts decision to grant that injunction was moot E. holding that plaintiffs were not entitled to a preliminary injunction

assistant: The best answer is B. holding that when the district court applies the wrong preliminary injunction standard this court may review the record to determine whether the injunction is justified
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: Mortgagor shall maintain or cause to be maintained, insurance with respect to the Mortgaged Property in accordance the Credit Agreement , provided, however, that Mortgagor shall not be required to obtain hazard insurance coverage against risks to improvements in an amount exceeding the replacement value of the improvements . Mortgagor shall purchase a Federal Emergency Management Agency Standard Flood Hazard Determination Form for the Mortgaged Property, and if any portion of the Improvements is located in an area identified as a special flood hazard area by the Federal Emergency Management Agency or other applicable agency, then Mortgagor shall maintain, or cause to be maintained, flood insurance in an amount as required by law and reasonably satisfactory to Mortgagee and in no event less than the maximum limit of coverage available under the National Flood Insurance Act of 1968 and the Flood Disaster Protection Act of 1973, each as amended from time to time.

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: valid claims for securities fraud. It does not appear that Ellison was as integrated into the overall structure and management of the various DBSI companies as some of the defendants in the companion case. This is apparent from a glance at Exhibit “A,” which lists Ellison only twice, as a member of the Board of Directors of DBSI, Inc. and of DBSI Reality, Inc. This is in contrast to the defendants in Zazzali v. Swenson, many of whom were officers and/or directors of numerous DBSI entities. (Complaint, Exh. A). For these reasons, the “core operations” inference, which the Court concluded was permissible as to several of the defendants in the Swenson case, falls short in this context. Cf. City of Marysville v. NightHawk Radiology, Holdings, Inc., 2011 WL 4584778 at *21 (D.Idaho 2011) (<HOLDING>) (emphasis added). In its briefing, the Trustee Options: A. holding that a lawsuit by a third party creditor against the estate is a core proceeding B. holding that a matter may constitute a core proceeding under 28 usc 157b2 even though the laundry list of core proceedings under 157b2 does not specifically name this particular circumstance C. holding that 362k claims are core D. holding that the core operations inference standing alone usually falls short of pslra standards E. holding circuit courts injunction interfered with the general operations of the agency

assistant: The best answer is D. holding that the core operations inference standing alone usually falls short of pslra standards
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: The Receiving Party acknowledges that the technical specifications as well as all documents to be disclosed are not subject to appropriation, remain the property of Disclosing Party or any third party, as applicable. No license or right under any intellectual property right is granted by the mere transmittal of Confidential Information to the Receiving Party, nor shall such a transmission constitute any representation or warranty by the Disclosing Party with respect to infringement of intellectual property rights of third parties. 8. All information (either Confidential Information or not) furnished under this Agreement shall remain the property of the Disclosing Party and shall be returned to it or destroyed promptly at its request (together with all relevant copies, extracts, plans, schematics or other reproductions). 10. Neither the execution of this Agreement nor the furnishing of any information under this Agreement shall be construed as granting any Party or any of its representatives, either expressly or by implication, any license or right to use any Confidential Information for its own benefit or the benefit of any other person, firm or entity, and each party expressly agrees not to so use any such information. Nothing contained in this Agreement shall be construed as conferring any rights, by license or otherwise, to any invention, discovery, or improvement made, conceived or acquired prior to, during or after the date of this Agreement.

assistant: No
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: Francisco J. Cosio, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s removal order. We have jurisdiction pursuant to 8 U.S.C. § 1252. See Fernandez-Ruiz v. Gonzales, 468 F.3d 1159, 1163 (9th Cir.2006). We review de novo, Molinar-Estrada v. INS, 293 F.3d 1089, 1093 (9th Cir.2002), and deny the petition for review. Cosio’s 1988 conviction for possession for sale of a controlled substance constitutes an aggravated felony. See 8 U.S.C. § 1101(a)(43)(B) (defining illicit trafficking in a controlled substance as an aggravated felony); see also Aragon-Ayon v. INS, 206 F.3d 847, 851 (9th Cir.2000) (<HOLDING>). Cosío was not eligible for a discretionary Options: A. recognizing that 1996 amendment to definition of aggravated felony applies retroactively B. holding that congress clearly manifested an intent for the amended definition of aggravated felo ny to apply retroactively to all defined offenses whenever committed C. holding that the expanded definition of aggravated felony applies retroactively in actions taken on or after september 30 1996 D. holding that 212c applies to all applications for relief filed after november 29 1990 regardless of when conviction occurred for offenses within the original definition of aggravated felony E. holding that apprendi does not apply retroactively

assistant: The best answer is B. holding that congress clearly manifested an intent for the amended definition of aggravated felo ny to apply retroactively to all defined offenses whenever committed
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: although specifically invited to do so, the State has presented no evidence from the record that Raphael’s attorney knew of the nature of the ex parte hearing and yet deliberately chose not to object. To the contrary, the record shows that the trial court did not fully inform Raphael’s attorney of the nature or content of the hearing. Based on the trial court’s abridged account to Raphael’s attorney of its contact with I.W., along with the lack of support for the theory that Gould knew the full extent of the constitutional errors and deliberately chose not to object, we cannot say that Raphael’s failure to object to the ex parte hearing and to I.W.’s testimony was tactical. Because the trial court committed plain error, we recognize Raphael’s constitutional claims on (E.D.Mich.19.72) (<HOLDING>); cf. J & L Diversified Enters. v. Municipality Options: A. holding defendant waived right to challenge incourt identification when he admitted guilt at punishment phase of trial B. holding prosecutions failure to disclose promise of leniency to witness provided in exchange for that witnesss testimony violated due process C. holding that the polices torturing of a witness until he provided incourt testimony incriminating the defendant violated the defendants right to due process D. holding that a conviction violated due process because the prosecutor knowingly allowed a government witness to commit perjury E. holding that the defendants due process rights were violated when the trial judge singled out the only defense witness and indicated to that witness that he expected the witness to he and would personally ensure that the witness was prosecuted for perjury and thereby effectively drove that witness off the stand

assistant: The best answer is C. holding that the polices torturing of a witness until he provided incourt testimony incriminating the defendant violated the defendants right to due process
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: judicial opinions for the meaning of economic loss will support the conclusion that all monetary damages are economic. Unfortunately, the imprecise use of the term “economic loss rule” by this court led many to erroneously conclude that it was a rule of general application that precluded recovery in tort of virtually any harm that could be measured in dollars if a business relationship also existed between the parties. Ill ¶56 Third, again, the independent duty doctrine is not a rule at all; rather it is an analytical tool used by courts to decide whether there is an independent duty cognizable in tort in the first instance. Whether or not we recognize a tort often involves policy considerations. See, e.g., Thompson v. St. Regis Paper Co., 102 Wn.2d 219, 232, 685 P.2d 1081 (1984) (<HOLDING>); MacPherson v. Buick Motor Co., 217 N.Y. 382, Options: A. recognizing the tort of retaliatory discharge B. recognizing tort of wrongful discharge in violation of public policy C. recognizing common law tort claim for wrongful discharge in violation of ohio public policy based upon statutory and judicial sources D. holding that the oneyear statute of limitations for a tort action for wrongful termination in violation of public policy applied to the plaintiffs erisa 510 claim E. recognizing cause of action for wrongful discharge

assistant: The best answer is B. recognizing tort of wrongful discharge in violation of public policy
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: by the court. See Thomas v. Bracey, 940 S.W.2d 340, 343 (Tex.App.—San Antonio 1997, no pet.); see also Russell v. Clark, 620 S.W.2d 865, 870 (Tex.Civ.App.—Dallas 1981, writ refd n.r.e.). All doubt should be resolved in favor of the communication’s relation to the proceeding. See id. “It is a verity of life that all things human, including lawsuits, have a beginning and end. These two aspects define the thing involved, and in defining it, they are inextricably related to and become a part of it.” Bennett v. Computer Associates Intern., Inc., 932 S.W.2d 197, 201 (Tex.App.—Amarillo 1996, writ denied). Courts have deemed conduct related to the initiation of a suit as sufficiently related to a judicial proceeding and, therefore, absolutely privileged. See Thomas, 940 S.W.2d at 343 (<HOLDING>); see also Russell, 620 S.W.2d at 868 (holding Options: A. holding that statements typically found in an attorneys demand letter related to an imminent judicial proceeding absolutely privileged B. holding demand letter written prior to and during litigation absolutely privileged C. holding absolutely privileged a communication to an administrative agency designed to prompt action by that agency D. holding absolutely privileged the filing of a mechanics lien prior to the judicial proceeding to foreclose it E. holding that prosecutors defamatory statements to the press after plaintiff was pardoned were absolutely privileged

assistant: The best answer is B. holding demand letter written prior to and during litigation absolutely privileged
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: Identified on Schedule 5.5 is a complete and accurate list of all Intellectual Property Rights used by Seller in the Business. Except as set forth on Schedule 5.5 , the Transferred Intellectual Property is owned free and clear of all Encumbrances or has been duly licensed for use by Seller and all pertinent licenses and their respective material terms are set forth on Schedule 5.5 . The Transferred Intellectual Property is not the subject of any pending adverse claim or, to Seller’s knowledge, the subject of any threatened litigation or claim of infringement or misappropriation. The Seller has not violated the terms of any license pursuant to which any part of the Transferred Intellectual Property has been licensed by the Seller. To Seller’s knowledge, the Transferred Intellectual Property does not infringe on any Intellectual Property Rights of any third party. To the Seller’s knowledge the Transferred Intellectual Property together with the rights granted under the Trademark License Agreement constitutes all of the Intellectual Property Rights necessary to conduct the Business as presently conducted. The Transferred Intellectual Property will continue to be available for use by Buyer from and after the Closing at no additional cost to Buyer.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: No waiver of any provisions of this contract shall be effective unless it is in writing, signed by the party against whom it is asserted and any such waiver shall only be applicable to the specific instance to which it relates and shall not be deemed to be a continuing waiver.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company shall reimburse the Executive for all reasonable expenses incurred by the Executive (in accordance with the policies and procedures in effect for senior executives of the Company) in connection with the Executive’s services under this Agreement. The Executive shall account to the Company for expenses in accordance with policies and procedures established by the Company.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: and (5) this action (or non-action) injured the plaintiff. Trenwick, 906 A.2d at 207. Under Rule 9(b), these types of allegations must be pled with particularity. Fed. R. Civ. P. 9. Specifically, a successful complaint must allege the factual circumstances relating to the “time, place, and contents of the false representations; the facts misrepresented; the identity of the person(s) making the misrepresentations; and what the person(s) gained from making the misrepresentations.” Trenwick, 906 A.2d at 207-08. Additionally, the complaint must identify a legal wrong suffered by the person bringing the suit. Thus, even if a claim satisfied both the elements and particularized pleading standard, it would still be non-actionable if brought by the wrong party. See Gagliardi, 683 A.2d at 1051 (<HOLDING>). In this case, the Amended Complaint fails to Options: A. holding that loss to bank occurred without regard to its possible remedies when its funds in fact were diverted through the fraud and dishonesty of its treasurer and that the bank could sue on its bond without proof that it had then sustained some actual defined loss not merely nominal as the result of the transaction in question B. holding that a shareholders status as a guarantor of a corporations debts did not give him standing to assert individual claims against a creditor of the corporation where the guarantees were never enforced and all of the injuries alleged were indirect damages suffered by the parties in their capacities as shareholders or employees C. holding that such conduct or the causing of the result must have been the persons conscious objective D. holding a duty to act is created by reliance not by the person to whom the aid is to be rendered but by another who as a result of the promise refrains from acting on that persons behalf E. holding that while a series of alleged misrepresentations may have been actionable by the persons who suffered a loss as a result of advancing funds in reliance on the statements it was not actionable when complained of by the company or its shareholders

assistant: The best answer is E. holding that while a series of alleged misrepresentations may have been actionable by the persons who suffered a loss as a result of advancing funds in reliance on the statements it was not actionable when complained of by the company or its shareholders
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 Restructuring Transactions are not consummated, or if this Agreement is terminated for any reason, the Parties fully reserve any and all of their rights. Pursuant to Federal Rule of Evidence 408 and any other applicable rules of evidence, this Agreement and all negotiations relating hereto shall not be admissible into evidence in any proceeding other than a proceeding to enforce its terms, pursue the consummation of the Restructuring Transactions, or the payment of damages to which a Party may be entitled under this Agreement.

assistant: Waivers
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 Acquiror and AKDS hereby waive compliance with any applicable bulk sales laws, if applicable. The Seller will fully indemnify AKDS or the Acquiror, without any deductible, for any and all liabilities, expenses and costs resulting from the parties' failure to fully comply with applicable bulk sales laws.

assistant: Indemnity
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: There is no doubt the subject matter here required expert testimony. The idea that the jury could base a verdict simply on rejection of expert testimony here is also inconsistent with the rule that consumer expectations cannot be the basis of liability in a case involving complex technical matters. A jury in such a case must rely on expert testimony and cannot substitute its own experience. A consumer expectations theory was not available to the plaintiff here. “Barker ... made clear that when the ultimate issue of design defect calls for a careful assessment of feasibility, practicality, risk and benefit, the case should not be resolved simply on the basis of ordinary consumer expectations.” Soule v. Gen. Motors Corp., 8 Cal.4th 548, 34 Cal.Rptr.2d 607, 882 P.2d 298, 305 (1994) (<HOLDING>). The California Supreme Court has held that Options: A. holding that to prevail on strict liability claim for a defective product plaintiff must show the product was defective when it left the defendants possession and control B. holding that the consumer expectations test was not appropriate for a claim that a car was defective because the wheel assembly detached in accident C. holding that search warrant was constitutionally defective because it did not require notice D. holding that even though plaintiffs claim was barred by the cgia because it sounded in tort attorney fees were not appropriate where it was a contract claim that was pleaded and thus a contract claim that was dismissed E. holding the defendants claim that he was denied the right to testify was appropriate for direct review when the record was adequately developed to permit full consideration of the defendants claim the pertinent facts were undisputed a pcr hearing was not necessary to resolve a factual dispute and would not aid in the application of the law and the defendants claim was presented not as an ineffective assistance of counsel claim but rather as an error committed by the trial court in excluding the defendants testimony which was not an appropriate basis for an ineffective assistance of counsel claim

assistant: The best answer is B. holding that the consumer expectations test was not appropriate for a claim that a car was defective because the wheel assembly detached in accident
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: mental illness. After a series of appeals and remands, the district court reviewed the claim on the merits and denied it. Abdur’ Rahman v. Bell, No. 3:96-0380, 2009 WL 211133, at *16 (M.D.Tenn. Jan. 26, 2009). Fifth, Abdur’Rahman alleged that the prosecutor lied to defense counsel about the 1972 conviction. According to Ab-dur’Rahman, the prosecutor told defense counsel that an FBI agent could testify that Abdur’Rahman killed the other prisoner as part of a drug turf war and defense counsel was too intimidated to put on evidence about the crime. The district court addressed the merits and found that there was no prosecutorial misconduct. Id. at *17. Sixth, Abdur’Rahman clai .2d 46, 2015 WL 5774557 (2015); Lambrix v. Sec’y, Fla. Dep’t of Corr., 756 F.3d 1246, 1260-61 (11th Cir.) (<HOLDING>), cert. denied, — U.S. -, 135 S.Ct. 64, 190 Options: A. holding that martinez did not apply to ineffective assistance of counsel subclaims that were not defaulted by postconviction counsel B. holding that the postconviction court erred in finding the ineffective assistance of counsel claim proeedurally barred because the courts opinion did not comment specifically on the ineffective counsel argument and the overall holding that the evidence was sufficient to support the jurys verdict could not be viewed as an adjudication on the merits of the ineffective assistance claim C. recognizing claim of ineffective assistance of trial counsel usually must be raised in collateral proceeding D. holding that the defendants ineffective assistance of counsel claims which were raised in a motion for a new trial and challenged on direct appeal were not barred in postconviction by the doctrine of res judicata because the defendants conviction and sentence were affirmed without a written opinion expressly addressing the claims of ineffective assistance of counsel E. holding that martinez did not apply to case where ineffective assistance of trial counsel claims were reviewed on the merits in a 2254 proceeding

assistant: The best answer is E. holding that martinez did not apply to case where ineffective assistance of trial counsel claims were reviewed on the merits in a 2254 proceeding
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: Evidence that all of the requirements of subsection 7.5 of the JV Facility Agreement and subsection 5.2.2 of the JV Facility Guarantee and Collateral Agreement shall have been satisfied, including certificates of insurance and endorsements, naming the Administrative Agent, on behalf of the Lenders, as an additional insured or lenders loss payee, as the case may be, under all insurance policies maintained with respect to the assets and properties of the JV Facility Loan Parties that constitute JV Facility Collateral.

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: was to be his only remedy”), cert. denied, 361 U.S. 875, 80 S.Ct. 139, 4 L.Ed.2d 114 (1959); Scalia v. United States, 475 F.Supp. 1040, 1042 (S.D.N.Y.1979) (a “significant limitation [of the waiver of sovereign immunity set forth in the Tort Claims Act] is contained in FECA, which expressly states that any illness or injury for which compensation is provided by FECA may not be the subject of a suit under the Tort Claims Act”). The applicability of FECA to United States Postal Service employees is clearly set forth in 39 U.S.C. § 1005(e). That section states: Officers and employees of the Postal Service shall be covered by subchapter I of Chapter 81 of title 5, relating to compensation for work injuries. 39 U.S.C. § 1005(c); see e.g. Griffin v. United States, 703 F.2d 321 (8th Cir.1983) (<HOLDING>). The complaint in this action alleges that the Options: A. holding that the injury sustained by the utility is damnum absque injuria B. holding that feca is the sole remedy for the back injury sustained on the job by a us postal service employee C. holding that an injury is not within the scope of employment after the employee has left work unless the injury was caused by the employers negligence D. holding that an employer did not regard the employee as disabled because it called the employee back from disability leave to work on a special project E. holding that when an employee suffers an injury from an unexplained fall while the employee is on the job and performing the duties of his employment that injury is eligible for compensation under the workers compensation act

assistant: The best answer is B. holding that feca is the sole remedy for the back injury sustained on the job by a us postal service employee
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: Morales, 98 S.W.3d 343, 348 (Tex.App.-Corpus Christi 2003, pet. denied). The answer to the question of whether prejudgment interest may be calculated on attorneys’ fees that have been paid prior to judgment, as in this case, is less than clear, with our sister courts splitting on the issue, and the supreme court remaining silent. The Dallas Court of Appeals has expressly held that .under no circumstances may prejudgment interest be recovered on attorneys’ fees. See Carbona v. CH Med., Inc., 266 S.W.3d 675, 688 (Tex.App.-Dallas 2008, no pet.). However, other courts have taken a less rigid view and have allowed a trial court to award prejudgment interest on attorneys’ fees paid prior to judgment. See Nova Cas. Co. v. Turner Const. Co., 335 S.W.3d 698, 706 (Tex.App.-Houston 2011, no pet.) (<HOLDING>); Williams v. Colthurst, 253 S.W.3d 353, 362 Options: A. holding that district court did not abuse its discretion in awarding prejudgment interest at the colorado statutory rate of 8 percent B. holding trial court erred in awarding attorneys fees to physicians in absence of any evidence of attorneys fees C. holding in patent litigation that district court did not abuse its discretion by awarding simple rather than compound prejudgment interest D. holding that the trial court did not abuse its discretion in awarding prejudgment interest on attorneys fees paid prior to the entry of judgment E. holding in adea action that district court did not abuse its discretion by awarding compound rather than simple prejudgment interest

assistant: The best answer is D. holding that the trial court did not abuse its discretion in awarding prejudgment interest on attorneys fees paid prior to the entry of 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: This Agreement shall be deemed drafted equally by both the parties. Its language shall be construed as a whole and according to its fair meaning. Any presumption or principle that the language is to be construed for or against any party shall not apply. The headings in this Agreement are only for convenience and are not intended to affect construction or interpretation of the terms herein.

assistant: Construction