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: the in-state banking activities of these French and Japanese banks and Plaintiffs’ claims arising from a terrorist attack that occurred in Israel with the support of the Iranian government. It certainly cannot be said that Plaintiffs’ claims “directly arise” out of the banking activities of these local branches. See GCIU, 565 F.3d at 1024. Thus, under traditional legal principles, specific jurisdiction is lacking. Although the Seventh Circuit • has not addressed this issue, two Circuits have reformulated the minimum-contacts inquiry in cases involving third-party discovery, focusing more narrowly “on the connection between the nonparty’s contacts with the forum and the discovery order at issue.” Gucci, 768 F.3d at 137; see also S.E.C. v. Knowles, 87 F.3d 413, 418 (10th Cir.1996) (<HOLDING>)., It is unclear whether this test is proper, Options: A. holding that standing alone defendants 4 million in sales in the forum state over a sevenyear period may not have been sufficient to support the exercise of general jurisdiction but that the numerous other contacts with the forum in the case including advertising relationships with dealers and more than 150 visits tipped the balance and led the court to conclude that there were sufficient contacts to allow the exercise of general jurisdiction B. holding that specific jurisdiction requires plaintiff to show that defendants forum contacts be related directly to the subject of the lawsuit C. holding no specific jurisdiction where alleged tortious conduct was not related to defendants contacts with texas D. holding that courts exercise of specific jurisdiction was proper where subpoena enforcement action arose out of nonpartys contacts with the forum E. holding that personal jurisdiction over a party is proper if the party has sufficient minimum contacts with the forum

assistant: The best answer is D. holding that courts exercise of specific jurisdiction was proper where subpoena enforcement action arose out of nonpartys contacts with the forum
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: is controlling. 6 As noted above, knowledge of the "facts" comprising a cause of action for attorney malpractice is to be distinguished from knowledge that such conduct constitutes malpractice. As noted in Gevaart, the discovery rule does not require that the plaintiff know of the negligent character of the conduct alleged as the cause of his or her injury. See Gevaart, 111 Wn.2d at 502. 7 We note that a limited number of jurisdictions have adopted the position that a judgment of a trial court does not become final and, hence, a party to such action does not incur any injury as a result of negligent representation at such proceeding, until a court of appeals affirms the decision of the trial court and/or the time to appeal has expired. See Neylan v. Moser, 400 N.W.2d 538 (Iowa 1987) (<HOLDING>). Such an approach may be appropriate where the Options: A. holding that interest does not begin to accrue until the date of judgment not the date of verdict B. holding that the date of sale for an installment contract was the date of contract formation not the date of the last payment due C. holding that the date of discrimination is the date on which a decision not to hire a plaintiff becomes effective D. holding that the date of injury for purposes of attorney malpractice does not occur until the last possible date when the attorneys negligence becomes irreversible E. holding that the date of the federal indictment not the date of the state arrest was the triggering date for the speedytrial act

assistant: The best answer is D. holding that the date of injury for purposes of attorney malpractice does not occur until the last possible date when the attorneys negligence becomes irreversible
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: sister states that have considered the issue are likewise divided. A significant number have ruled, on either state or federal constitutional grounds, that the state may not introduce such silence during its case in chief. See State v. Moore, 965 P.2d 174, 180-81 (Idaho 1998) (Fifth Amendment prohibits prosecution from introducing, in its case in chief, and for the sole purpose of implying guilt, evidence of a defendant’s failure to appear at scheduled police interview); Commonwealth v. Thompson, 725 N.E.2d 556, 565 (Mass. 2000) (concluding that where the defendant does not testify, federal constitution prohibits the prosecution from eliciting testimony during its case in chief regarding the defendant’s pre-arrest, pre-Miranda silence); State v. Rowland, 452 N.W.2d 758, 763 (Neb. 1990) (<HOLDING>); State v. Remick, 829 A.2d 1079, 1081 (N.H. Options: A. holding that the government can use prearrest silence for impeachment purposes against a defendant because no government action induced the silence B. holding that impeachment by use of prearrest silence does not violate fifth or fourteenth amendments C. holding that substantive use of prearrest silence is contrary to fifth amendment D. holding that federal constitution does not permit state to use prearrest silence to imply guilt and characterizing the states argument to the contrary as nothing short of incredible E. holding that state constitution prohibits substantive use of prearrest silence

assistant: The best answer is D. holding that federal constitution does not permit state to use prearrest silence to imply guilt and characterizing the states argument to the contrary as nothing short of incredible
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Any notice or payment provided for in this Agreement shall be deemed given only when actually delivered by courier receipted delivery at the recipient's addresses provided in the first Paragraph of this Agreement. Either Party may change its address for notice or payment by giving notice of such change in accordance with this Agreement, which change shall become effective thirty (30) days after such notice is given.

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: to satisfy the two-pronged Aguilar-Spinelli test articulated in State v. Cordova, 109 N.M. 211, 784 P.2d 30 (1989) and Rule 5-211(E) NMRA 1998, promulgated by the Supreme Court? We conclude that the children’s court properly determined that the affidavit submitted in support of the issuance of the search warrant was insufficient to establish probable cause. {7} The protections accorded under Article II, Section 10 of the New Mexico Constitution against unreasonable searches and seizures are more extensive than those provided under the Fourth Amendment to the United States Constitution. See Campos v. State, 117 N.M. 155, 158, 870 P.2d 117, 120 (1994) (state constitution imposes heightened probable cause requirement); State v. Attaway, 117 N.M. 141, 149-50, 870 P.2d 103, 111-12 (1994) (<HOLDING>); State v. Gutierrez, 116 N.M. 431, 446-47, 863 Options: A. holding that a ruling on preindictment motion that search and seizure were legal collaterally estopped defendant from later moving to suppress evidence claiming that search and seizure were illegal B. holding that evidence obtained by improper search or seizure is inadmissible C. holding that the exclusionary rule embodied in the search and seizure provision of the state constitution applies in probation revocation proceedings D. holding that a defendant has no constitutional right to challenge the search or seizure of property belonging to a third party even if the search was without probable cause E. holding knock and announce requirement implicit in state constitutional search and seizure provision

assistant: The best answer is E. holding knock and announce requirement implicit in state constitutional search and seizure provision
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: justification for the nullum tempus doctrine was needed, as the legislatures and courts limited the sovereigns’ immunity from suit); Northampton County Area Community College, 566 A.2d at 595 (discussing Commonwealth Dep’t of Transp. v. J. W. Bishop & Co., 497 Pa. 58, 439 A.2d 101 (1981), noting that the court concluded that immunity from limitations was still viable in light of abrogation of sovereign immunity); Oklahoma City Mun. Improvement Auth., 769 P.2d at 134 (function test which applies to sovereign immunity from suit is not to be equated with immunity from limitations); and City of Shelbyville, 451 N.E.2d at 875-76, 71 Ill.Dec. at 721-22 (abolition of immunity from liability does not require abolition of immunity from limitations). But see Anne Arundel County, 594 A.2d at 1141 (<HOLDING>). 12 . See discussion supra part Options: A. holding united states government is immune from rico suit B. recognizing that municipalities immunity from punitive damage awards under section 1983 does not render them immune from suit altogether C. holding state immune from suit involving a federal question D. recognizing that the municipal function test is used to determine both whether municipalities are immune from suit and immune from running of statutes of limitations E. holding state immune from suit brought in state court

assistant: The best answer is D. recognizing that the municipal function test is used to determine both whether municipalities are immune from suit and immune from running of statutes of limitations
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: 72 S.Ct. 93, 96 L.Ed. 59 (1951)). In fact, the hotel staff had no authority even to enter Bass’s room, except for housekeeping purposes, unless (1) Bass himself consented or (2) his tenancy was terminated. United States v. Rahme, 813 F.2d 31, 34 (2d Cir.1987) (noting that when “a hotel guest’s rental period has expired or been lawfully terminated, the guest does not have a legitimate expectation of privacy in the hotel room”); United States v. Rambo, 789 F.2d 1289, 1295-96 (8th Cir.1986). In this case, Bass’s tenancy had not been terminated by eviction at the time the police searched his hotel room. Although the hotel manager testified that he personally considered Bass evicted once he had been arrested, the manager’s personal beliefs have no legal import. See Stoner, 376 U.S. at 490 (<HOLDING>). The manager informed no one at the time that Options: A. holding that forfeiture statute is subject to the fourth amendments prohibitions against unreasonable searches and seizures B. holding that the fourth amendment proscription against unreasonable searches and seizures was applicable to the states under the fourteenth amendment so that evidence seized in violation of the constitution could no longer be used in state courts C. holding sbm is not a violation of the defendants fourth amendment right to be free from unreasonable searches and seizures D. recognizing that the constitutional protection against unreasonable searches and seizures would disappear if it were left to depend upon the unfettered discretion of an employee of the hotel E. holding the parolees signature on parole agreement is not to be taken as an unrestricted consent to any and all searches whatsoever or as a blanket waiver of all constitutional rights to be secure from unreasonable searches and seizures

assistant: The best answer is D. recognizing that the constitutional protection against unreasonable searches and seizures would disappear if it were left to depend upon the unfettered discretion of an employee of the hotel
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: Notwithstanding any other provision of the Lease to the contrary, Tenant shall not assign its rights to the parking spaces or any interest therein, or sublease or otherwise allow the use of all or any part of the parking spaces to or by any other person, except with Landlord’s prior written consent, which may be granted or withheld by Landlord in its sole discretion, or otherwise in connection with an assignment of the Lease or sublease of the Premises pursuant to Section 14 of the Lease. In the event of any separate assignment or sublease of parking space rights that is approved by Landlord ( i.e. not in connection with an assignment of the Lease or sublease of the Premises pursuant to Section 14 of the Lease), Landlord shall be entitled to receive, as Additional Rent hereunder, one hundred percent (100%) of any profit received by Tenant in connection with such assignment or sublease.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Performance Share Units shall be subject to a vesting schedule and vesting shall be based on the achievement of certain Performance Goals or on a combination of the achievement of certain Performance Goals and the Participant’s Continuous Service, as set forth in the Performance Share Unit Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The term of the Partnership commenced upon the filing of the Certificate of Limited Partnership in accordance with the Delaware Act and shall continue in existence until the dissolution of the Partnership in accordance with the provisions of Article XII . The existence of the Partnership as a separate legal entity shall continue until the cancellation of the Certificate of Limited Partnership as provided in the Delaware Act.

assistant: 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 case excerpt and choose the best holding from the options. Case excerpt: of Lopez-Mendoza allows law enforcement agents to approach anyone at anytime, even in an egregious or violent manner, which was not the case here, and demand that the person identify themselves and then would allow the government use that information against that person. The Court acknowledges that the INS must have a way to combat illegal reentry. However, giving law enforcement officials an incentive to discover a person’s identity in whatever way they can puts the privacy rights of legal aliens and any citizen that might for any reason be suspected of illegal entry at too great a risk. In addition, the suppression of the defendant’s statement of his identity will not hamper the INS in civil deportation proceedings. See Lopez-Mendoza, 468 U.S. at 1043, 104 S.Ct. at 3485 (<HOLDING>). Therefore, this Court declines to follow Options: A. holding that the exclusionary rule does not apply to civil deportation proceedings and noting the rules incompatibility with the streamlined administrative nature of such proceedings B. holding that exclusionary rule does apply to civil forfeiture proceedings C. holding that the exclusionary rule generally does not apply to immigration proceedings D. holding that the balance between costs and benefits comes out against applying the exclusionary rule in civil deportation hearings E. holding that the exclusionary rule does not apply to civil deportation hearings where ins must only prove identity and alienage

assistant: The best answer is E. holding that the exclusionary rule does not apply to civil deportation hearings where ins must only prove identity and alienage
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: Licensee agrees to obtain, at its sole cost and expense, and to cause its manufacturers to obtain, at their sole cost and expense, comprehensive general liability insurance, including product liability insurance, from an insurance company reasonably acceptable to Licensor, providing adequate protection for Licensor and Licensee against any claims or suits arising out of or in connection with the rights granted under this Agreement in an amount not less than Five Million Dollars ($5,000,000.00) per incident or occurrence, or Licensee’s standard insurance policy limits, whichever is greater. Such insurance shall remain in force at all times during the Term and for a period of three (3) years thereafter. Within thirty (30) days from the date hereof, Licensee will submit to Licensor a certificate of insurance naming Licensor as an additional insured and prohibiting the insurer from canceling, terminating or materially modifying the underlying insurance policy unless it gives written notice of such termination, cancellation or modification to Licensor at least thirty (30) days in advance thereof.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: gun folks,” defendant argues that the prosecution’s case hinged solely on Brandon’s testimony. Additionally, because this testimony could have been considered by the jury in assessing the defendant’s state of mind and this “might have contributed to its crossing this very line in this accountability case,” defense counsel should have been allowed to explore Brandon’s potential bias with respect to the alleged clerical error. Simply put, if Brandon’s sentence was erroneously reduced, Brandon may have felt compelled to testify favorably for th todial status is a proper subject of cross-examination when attempting to demonstrate that the witness’ testimony may be biased against a defendant. See Alford v. United States, 282 U.S. 687, 693, 75 L. Ed. 624, 628-29, 51 S. Ct. 218, 220 (1931) (<HOLDING>); People v. Triplett, 108 Ill. 2d 463, 480-81, Options: A. holding that promises made by the prosecution to a witness in exchange for that witness testimony relate directly to the credibility of the witness B. holding prosecutors reference to defendant being only witness in courtroom during testimony as tailoring opportunity not plain error C. holding due process required an opportunity for crossexamination when the decision depended on the credibility of individual witness testimony D. holding that death of potential alibi witness did not cause actual prejudice because defendant failed to relate the substance of the testimony of the missing witness in sufficient detail and to show witness testimony not available from other sources E. holding error to deny a defendant an opportunity to elicit witness custodial status during crossexamination in order to show witness testimony may be affected by fear or favor growing out of his current custodial status

assistant: The best answer is E. holding error to deny a defendant an opportunity to elicit witness custodial status during crossexamination in order to show witness testimony may be affected by fear or favor growing out of his current custodial status
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 Release constitutes the entire agreement between the Executive and the Company and supersedes any previous agreements or understandings between the Executive and the Company, except the Equity Documentation and the Ongoing Obligations and any other obligations specifically preserved in this Release. The Executive acknowledges that he is not relying on any promises or representations by the Company or the agents, representatives or attorneys of the Company regarding any subject matter addressed in this Release.

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 holds that federal common law governs the question of whether Ms. Prescott may recover damages for Kyler’s emotional distress. As such, she can recover for emotional distress damages under the ACA. 2. California’s Unruh Civil Rights Act Claim RCHSD argues that Ms. Prescott lacks standing to assert an Unruh Civil Rights Act claim on behalf of Kyler and herself. Because she does not seek to bring an action as an individual, the Court need only address her ability to assert an Unruh Act claim on behalf of Kyler. RCHSD relies on cases that address an organization’s standing under Unruh to argue that Ms. Prescott lacks standing to assert a claim on behalf of Kyler. See Midpeninsula Citizens for Fair Housing v. Westwood Investors, 221 Cal. App. 3d 1377, 1386, 271 Cal.Rptr. 99 (1990) (<HOLDING>); see also Bowden v. Redwood Inst. For Designed Options: A. holding that the association of home builders lacked standing to seek relief in damages for alleged injuries to its members because whatever injury may have been suffered is peculiar to the individual member concerned and both the fact and extent of injury would require individualized proof B. holding that a contractor lacked standing because it failed to show a substantial chance it would have received the contract award but for agency error C. holding that an organization whose members are injured may represent those members even where the organization itself cannot show injury D. holding that a nonprofit organization lacked standing under unruh because its civil rights had not been personally violated and it failed to show that any of its members would suffer injury E. holding an organization had standing because some of its individual members did

assistant: The best answer is D. holding that a nonprofit organization lacked standing under unruh because its civil rights had not been personally violated and it failed to show that any of its members would suffer injury
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 Second Amendment shall become effective upon (a) receipt by the Administrative Agent of this Second Amendment executed by all the parties hereto and (b) payment by the Borrower to the Administrative Agent, for the pro rata benefit of the lenders of a consent fee in an aggregate principal amount of $575,000.

assistant: Effectiveness
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: access “plays a significant positive role in the functioning of the particular process in question.” Press-Enterprise II, 478 U.S. at 8-9, 106 S.Ct. 2735. Beyond the First Amendment analysis, there exists a common law right of access to judicial proceedings and docu ments that does not rise to a constitutional dimension and is left to the sound discretion of the trial court. Nixon v. Warner Communications, Inc., 435 U.S. 589, 597-99, 98 S.Ct. 1306, 55 L.Ed.2d 570 (1978). Distinguishing between access to judicial proceedings and access to judicial documents, the Sixth Circuit has addressed whether there is a First Amendment right to inspect and copy judicial documents, or only a common law right of access. Compare United States v. Beckham, 789 F.2d 401, 406-409, 412-15 (6th Cir.1986)(<HOLDING>), ivith Application of National Broadcasting Options: A. holding that media members had no constitutional right of access to tapes B. holding that a plaintiff has no absolute unconditional right of access to the courts and no constitutional right of access to prosecute frivolous or malicious actions C. holding that access rights of the news media and of the general public are identical in scope D. holding that the total denial of all access to the law library for seven months violated the plaintiffs constitutional right of access to the courts E. recognizing a right of access to civil proceedings

assistant: The best answer is A. holding that media members had no constitutional right of access to tapes
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 Company owns, or has the right to use, all of the patents, patent applications, industrial designs, designs, trademarks, service marks, copyrights and licenses, and rights with respect to the foregoing, necessary for the conduct of its business without any known conflict with the rights of others. Schedule 6.17 hereto sets forth all federally registered patents, trademarks, copyrights, service marks and license agreements owned by each Company as of the Closing Date.

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: The Company shall make available, for inspection by the holders of Registrable Securities included in such Registration Statement, any Underwriter participating in any disposition pursuant to such registration statement and any attorney, accountant or other professional retained by any holder of Registrable Securities included in such Registration Statement or any Underwriter, all financial and other records, pertinent corporate documents and properties of the Company, as shall be necessary to enable them to exercise their due diligence responsibility, and cause the Company’s officers, directors and employees to supply all information requested by any of them in connection with such Registration Statement.

assistant: Records
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: 3—asking whether Bartush or Cimco breached first—asked which party committed the first material breach. This argument fails in light of the plain language of question 3 and the jury’s subsequent finding in question 4 that Bartush’s failure to comply was not excused based on a prior material breach by Cimco. See, e.g., Cont’l Dredging, Inc., 120 S.W.3d at 394. 8 . Having sustained Cimco’s third issue, we need not address Cimco's other issues. See Tex. R. App, P, 47.1. (requiring appellate court to address issues necessary for final disposition of the appeal). 9 . Cimco raises no specific issue on appeal challenging the jury’s failure to award it attorneys’ fees but requests in its prayer that we remand the case "to the trial court w App.—Houston [14th Dist.] 1972, writ ref’d n.r.e.) (<HOLDING>). We therefore decline to remand the case to Options: A. holding party that failed to object to instruction conditioning submission of a jurys question on its answer to a question waived that partys right to have the jury make findings as to the subsequent question B. holding appellant could not complain of jurys failure to answer question because the charge instructed the jury not to do so based on its answer to a prior question and because appellant did not object to this instruction C. holding that party that failed to object to instruction that jury not answer a question based on its answer to the prior question waived that partys right to have the jury make findings as to the subsequent question D. holding that the failure to object to an instruction constitutes a waiver of error E. holding failure to object to conditioning instructions waived error arising from the jurys failure to answer question

assistant: The best answer is E. holding failure to object to conditioning instructions waived error arising from the jurys failure to answer question
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: If any provision of this Agreement will be held by any court of competent jurisdiction to be illegal, void or unenforceable, such provision will be of no force or effect. The illegality or unenforceability of such provision, however, will have no effect upon and will not impair the enforceability of any other provision of this Agreement. In addition, should a court determine that any provision or portion of any provision of this Agreement is not reasonable or valid, the Parties hereto agree that such provision should be interpreted and enforce to the maximum extent which the court deems reasonable or valid and the Parties hereto agree to request that the court apply notional severance to give effect to the such provision or portion of any provision, including without limitation the restrictive provisions set out in Section 6 of this Agreement, to the fullest extent deemed reasonable by the court.

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: Except as otherwise expressly provided herein, all expenses incurred by the parties hereto in connection with the negotiation, execution and delivery of this Agreement will be borne solely and entirely by the party incurring such expenses.

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 legal provision and list the applicable contract clause categories. Provision: (a) All written information (other than the Projections and estimates and information of a general economic nature) concerning Holdings, the Borrower, the Subsidiaries, the Second Restatement Transactions and any other transactions contemplated hereby included in the Lender Presentation or otherwise prepared by or on behalf of the foregoing or their representatives and made available to any Lenders or the Agent in connection with the Second Restatement Transactions on or before the Second Restatement Date (the “ Information ”), when taken as a whole, as of the date such Information was furnished to the Lenders (but taking into account supplements thereto made available to the Agent and the Lenders prior to the Second Restatement Date) and as of the Second Restatement Date, did not contain any untrue statement of a material fact as of any such date or omit to state a material fact necessary in order to make the statements contained therein not materially misleading in light of the circumstances under which such statements were made.

assistant: Disclosures
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: proceeding, including on appeal, shall award the prevailing party reasonable attorney’s fees, witness fees and other reasonable expenses, if it finds that the nonprevailing party acted without a reasonable basis in fact or law. I.C. § 12-117(1). Before this opinion, the question of whether building permit decisions were subject to judicial review under the LLUPA had not been decided. Several decisions had come close, but none addressed this important question, especially in light of the amended statute. See Highlands Development Corp. v. City of Boise, 145 Idaho 958, 188 P.3d 900 (2008) (declaring that the LLU-PA does not provide for judicial review of an initial zoning classification given to annexed property); Giltner Dairy, LLC v. Jerome Cnty., 145 Idaho 630, 181 P.3d 1238 (2008) (<HOLDING>); and Burns Holdings, LLC v. Madison Cnty. Bd. Options: A. holding that the llupa does not provide for judicial review of a request to change a comprehensive zoning plan B. holding that disability provision in comprehensive retirement plan constituted a welfare plan C. holding that because here the statutes in issue provide for judicial review via citizen suit provisions yet do not set forth a standard for that review judicial review is limited to apa review on the administrative record D. holding that reliance on comprehensive plan as basis for denying conditionaluse permit was improper where zoning ordinance did not list compliance with comprehensive plan as basis for denial E. holding also that the ordinance failed to provide for prompt judicial review

assistant: The best answer is A. holding that the llupa does not provide for judicial review of a request to change a comprehensive zoning plan
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: uber may provide to a claims processor or an insurer any necessary information ( including your contact information ) if there is a complaint , dispute or conflict , which may include an accident , involving you and a third party provider ( including a transportation network company driver ) and such information or data is necessary to resolve the complaint , dispute or conflict .

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: The proceeds of the Loans shall be used to fund the refinancing of existing revolving and term indebtedness payable to the Existing Lender pursuant to the Existing Credit Agreement, pay fees, commissions, Swap Termination Value and expenses in connection therewith, to fund Permitted Acquisitions in accordance with the provisions hereof and for the general working capital and general corporate purposes of the Borrower and its Subsidiaries.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The execution, delivery and performance by each of Seller and Guarantor of this Agreement, any Transaction Notice hereunder and the Program Agreements do not conflict with any term or provision of the organizational documents of Seller or Guarantor or any law, rule, regulation, order, judgment, writ, injunction or decree applicable to Seller or Guarantor of any court, regulatory body, administrative agency or governmental body having jurisdiction over Seller or Guarantor, which conflict would have a Material Adverse Effect and will not result in any violation of any such mortgage, instrument, agreement, obligation or Servicing Contract to which Seller or Guarantor is a party.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: at the sentencing hearing, Sentencing Tr. at 16, and the PSR in turn listed all five, PSR ¶¶ 29-34. Although the court specifically mentioned only three of the five convictions at the sentencing hearing, Sentencing Tr. at 16, that discussion was meant only to exemplify the defendant’s prior criminal history. See id. at 20 (stating that the court was “considering the entire career of this man”). This was confirmed by the court’s written Judgment, which adopted the PSR and expressly discussed all five convictions. See App. at 24. We have considered and rejected the additional arguments raised by defendant regarding the calculation and explanation of his sentence, and conclude that they do not merit further discussion. 9 . Cf. United States v. Jones, 948 F.2d 732, 736-37 (D.C.Cir.1991) (<HOLDING>). 10 . We are uncertain precisely which offense Options: A. holding so under circumstances similar to the present ones B. holding that under ussg 4a13e which permits upward departures based on prior similar adult criminal conduct not resulting in a criminal conviction prior act of embezzlement was similar to present offenses of credit card and wire fraud because they all involved fraud C. holding that a plaintiff cannot avoid the securities fraud exception by pleading mail fraud or wire fraud if the conduct giving rise to those offenses also amounts to securities fraud D. holding that a similar statute created separate offenses E. holding that a district court may depart upward based upon based criminal conduct when such conduct is not included in the computation of criminal history category

assistant: The best answer is B. holding that under ussg 4a13e which permits upward departures based on prior similar adult criminal conduct not resulting in a criminal conviction prior act of embezzlement was similar to present offenses of credit card and wire fraud because they all involved fraud
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 contains the entire understanding of the parties with respect to the subject matter hereof and supersedes any and all prior and contemporaneous agreements, memoranda, arrangements and understandings, both written and oral, between the parties, or any of them, with respect to the subject matter of this Agreement. This Agreement may be amended only by an agreement in writing executed by the Company and the Sonic Parties.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: this exception unless the proponent demonstrates an express original agreement among the conspirators to continue to act in concert in order to cover up, for their own self-protection, traces of the crime after its commission. Grunewald v. United States, 353 U.S. 391, 404, 77 S.Ct. 963, 973, 1 L.Ed.2d 931, 943 (1957). It is also well settled that secrecy plus overt acts of concealment do not establish an express agreement to act in concert in order to conceal the crime. Grunewald, 353 U.S. at 403, 77 S.Ct. at 973, 1 L.Ed.2d at 942. Admission of hearsay statements on this basis would impermissibly expand the narrow scope of the co-conspirator exception and further dilute the general prohibition against hearsay statements. See Krulewitch, 336 U.S. at 444, 69 S.Ct. at 718, 93 L.Ed. at 794 (<HOLDING>). As the United States Supreme Court Options: A. holding that statements by a cooperating coconspirator to known authorities made after the commencement of cooperation are not admissible under rule 801d2e because such statements are not made in furtherance of the conspiracy B. holding that statements made to keep a coconspirator informed as to the groups drug supply were made in furtherance of the conspiracy C. holding that the conspiracy theory of personal jurisdiction requires that the outofstate coconspirator was or should have been aware of the acts performed in the forum state in furtherance of the conspiracy D. holding that the confrontation clause of the sixth amendment is not violated by the admission of hearsay statements under the coconspirator exception to the hearsay rule where the defendant was able to confront and crossexamine the witness who claimed that the statements at issue were made E. holding that statements aimed at preventing detection and punishment were not admissible under the coconspirator exception because admission of such statements would expand exception to hearsay rule to include declarations made not in furtherance of conspiracy charged but made in furtherance of an alleged implied but uncharged conspiracy aimed at preventing detection and punishment

assistant: The best answer is E. holding that statements aimed at preventing detection and punishment were not admissible under the coconspirator exception because admission of such statements would expand exception to hearsay rule to include declarations made not in furtherance of conspiracy charged but made in furtherance of an alleged implied but uncharged conspiracy aimed at preventing detection and punishment
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 Unitholders hereby authorize ANDX and MPLX to publish and disclose in any announcement or disclosure required by the SEC and in the Consent Statement/Prospectus the Unitholders’ identities and ownership of the Covered Units and the nature of the Unitholders’ obligations under this Agreement.

assistant: Disclosures
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 properties of the Loan Parties and their respective Subsidiaries and JV Subsidiaries are insured with financially sound and reputable insurance companies not Affiliates of any Loan Party, in such amounts, with such deductibles and covering such risks as are customarily carried by companies engaged in similar businesses and owning similar properties in localities where the applicable Loan Party or the applicable Subsidiary or JV Subsidiary operates.

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: proceeding” to an individual hearing, a trial, or - to either' the guilt/innocence phase or punishment phase of the trial,, rather than to the entire course of a criminal prosecution.’ In addition, there is a distinction between a “criminal proceeding” and a “criminal action.” The Texas Code of Criminal Procedure provides that “[a] criminal action is prosecuted in the name of the State of Texas against the accused, and is conducted by some person acting under the authority of the State, in accordance with its laws.” Tbx.Cod6 CRiM. Peoc. Ann. art. 3.02 (West 2015). Thus, the Legislature uses “criminal action” in the sense of encompassing the entire course of an action at law against the accused, i.e., the entire course of a criminal prosecution. See Howland, 990 S.W.2d at 277 n. 5 (<HOLDING>). This leads us , to the conclusion that by Options: A. recognizing the cause of action B. recognizing one definition of prosecution as used in section 1 of article 3837 is criminal action meaning the entire course of an action at law1 C. holding that where an action is simply for the recovery of a money judgment the action is one at law1 quoting whitehead v shattuck 138 us 146 151 11 sct 276 34 led 873 1891 D. holding that the rule of splitting of causes of action as related to res judicata does not permit the owner of a single or entire cause of action or an entire indivisible demand to divide or split that cause of action and that all damages from a single wrongful act must be claimed in one action E. recognizing cause of action

assistant: The best answer is B. recognizing one definition of prosecution as used in section 1 of article 3837 is criminal action meaning the entire course of an action at law1
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 , on return to us , it is determined that the goods have been used or damaged , are missing components or are not in a resalable condition , we may charge a 15 % restocking fee or otherwise reduce the amount of your refund to take into account the damage , use or missing components .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Neither this Agreement nor any right or interest hereunder shall be assignable by Advisor, his beneficiaries or legal representatives without the Company’s prior written consent. The Company may assign this Agreement to any successor or assign (whether directly or indirectly, by purchase, merger, consolidation or otherwise) to all or substantially all of the business or assets of the Company. This Agreement shall inure to the benefit of the Company and its permitted successors and assigns.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: `` nintendo shopping services '' refers to any applications , software and services available as nintendo account service that allow users by using a nintendo account to ( i ) acquire digital products from noe , free of charge or against payment , and/or to ( ii ) register licenses for and download games , applications , software , add-on content for games , applications and software , vouchers for digital services and other digital content .

assistant: None