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: answered his phone calls, that BOA was interested in selling the Residence to Atteberry; and (3) even though the Wrights defaulted on their mortgage and owed a substantial money judgment to BOA, that BOA would sell the Residence to their proxy at a further substantial loss. In light of the absence of any evidence of intent to mislead the Wrights, we need not address this point. D. Motion for Summary Judgment on BOA’s Counterclaim The district court granted BOA’s motion for summary judgment on its counterclaim against the Wrights. In its counterclaim, BOA sought to enforce its state court judgment, updating the amount due for the accrual of interest on the judgment. Federal courts are authorized to enforce state court judgments. See Berke v. Northcutt, 798 F.2d 468, 468 (6th Cir.1986) (<HOLDING>). Therefore, BOA’s motion for summary judgment Options: A. holding that for federal court to grant full faith and credit to state court judgment state proceedings must satisfy the minimum procedural requirements of the fourteenth amendments due process clause B. holding that a federal court in diversity jurisdiction must apply state substantive law C. holding that in a diversity action a federal court must apply the law of the forum state D. holding that a judgment of another states court is entitled to full faith and credit j when the judgment is considered final under the laws of the rendering state E. holding that a federal court must enforce a state court judgment under the full faith and credit statute where diversity jurisdiction exists

assistant: The best answer is E. holding that a federal court must enforce a state court judgment under the full faith and credit statute where diversity jurisdiction exists
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: Before the filing of and during the Chapter 11 Case, Goodrich shall provide the Noteholder Advisors with drafts of all material motions or applications and other documents Goodrich intends to file with the Bankruptcy Court relating to the Restructuring at least three (3) Business Days before the date when Goodrich intends to file any such document unless such advance notice is impossible or impracticable under the circumstances in which case Goodrich shall notify telephonically or by electronic mail the Noteholder Advisors to advise it of the documents to be filed and the facts that make the provision of advance copies before submission impossible or impracticable.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: abused its discretion in dismissing the case for the failure of that condition. Mulino Cafe responds that the court’s grant of leave is irrelevant and the court did not err because the case was not at issue as of the October 15 deadline, reasoning that Mulino Cafe did not make an appearance until after the deadline and UTCR 7.020(3) requires all parties to appear for a case to be at issue. Moreover, defendant argues, the trial court’s determination that the cas f that the case be at issue or in default by October 15. Yet, the court’s subsequent grant of leave to amend the complaint took the ability to comply with that condition out of plaintiffs hands. In such circumstances, the failure of the condition cannot reasonably be attributed to plaintiff alone. Cf. Lambert, 148 Or App at 376 (<HOLDING>). Consequently, we reject Mulino Cafe’s Options: A. holding that the trial court abused its discretion by allowing expert testimony that directly linked the characteristics of sexually abused children to the complainants in this case B. holding that the court abused its discretion where the delay cannot not reasonably be attributed to the plaintiff alone C. holding that the district court abused its discretion in denying leave to amend after a delay of eight months D. holding district court abused its discretion in admitting state court findings of fact E. holding that district court had not abused its discretion in denying plaintiffs motion to amend complaint

assistant: The best answer is B. holding that the court abused its discretion where the delay cannot not reasonably be attributed to the plaintiff alone
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 Members may at any time directly or indirectly sell, transfer, assign, hypothecate, pledge or otherwise dispose of or encumber all or any part of its interest in the Company (including, without limitation, any right to receive distributions or allocations in respect of such interest and whether voluntarily, involuntarily or by operation of law).

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: We apply Missouri law in this diversity action. If an insurance policy is unambiguous, it is to be enforced according to its terms, but if it is ambiguous, it is construed against the insurer. Whether or not the language of an insurance policy is ambiguous is a question of law. If the language of a policy is ambiguous (if there is duplicity, indistinctness or uncertainty in its meaning), and therefore open to different constructions, then it will be interpreted in the manner that would ordinarily be understood by the lay person who bought and paid for the policy. Additionally, exclusionary clauses of policies are strictly construed against the insurer, and if they are ambiguous they will be construed favorably to the insured. American States Ins 44 S.W.2d 13, 14-16 (Mo.Ct.App.1992) (<HOLDING>). Contrary to appellants’ arguments, the facts Options: A. holding claim for injuries arising out of use of truck and not from negligent supervision excluded from coverage by auto exclusion in commercial general liability policy no claim that language in policy was ambiguous or unclear B. holding exclusion was not ambiguous C. holding two exclusions in commercial general liability policy were ambiguous because coverage provided in one section was taken away in another section D. holding that insurance company had duty to provide coverage for churchs negligent supervision of pastor under professional liability policy because policy did not contain clause excluding coverage for actions arising out of a criminal act or licentious immoral or sexual behavior E. holding automobile exclusion in general liability policy did not apply because plaintiffs claim of negligent supervision and training was a separate and distinct theory of recovery from the use of an automobile

assistant: The best answer is A. holding claim for injuries arising out of use of truck and not from negligent supervision excluded from coverage by auto exclusion in commercial general liability policy no claim that language in policy was ambiguous or unclear
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: federalism if federal courts failed to take into account that an adequate state forum for all relevant issues has clearly been demonstrated to be available prior to any proceedings on the merits in federal court.” Id. at 437, 102 S.Ct. 2515, citing Hicks v. Miranda, 422 U.S. 332, 350, 95 S.Ct. 2281, 45 L.Ed.2d 223 (1975). Although Middlesex involved a somewhat different procedural posture than Judge Griffen’s case by virtue of the New Jersey Supreme Court’s sua sponte review of the issue and their amendment of the rules granting interlocutory review of constitutional challenges, Judge Griffen’s decision not to follow the proper procedure by which to challenge the Commission’s holding does not alter the analysis. See Alleghany Corp. v. McCartney, 896 F.2d 1138, 1143-44 (8th Cir.1990) (<HOLDING>). Like the Supreme Court in Middlesex, this Options: A. holding that state court judgment affirming an administrative decision did not bar a subsequent federal action for additional relief because of national policy that title vii remedies be available to supplement state remedies for employment discrimination B. holding that younger principles apply to an action for damages that relates to a pending state proceeding C. holding that a party cannot circumvent younger by choosing not to pursue state appellate remedies and by instead choosing to initiate an action in federal court D. holding that challenge to state proceeding was barred by younger even if it was not barred by rookerfeldman E. holding that an appellate court cannot consider an issue that was not preserved for appellate review

assistant: The best answer is C. holding that a party cannot circumvent younger by choosing not to pursue state appellate remedies and by instead choosing to initiate an action in federal court
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: 9gag has discretion , however , to terminate the account of any user after receipt of a single notification of claimed infringement or upon 9gag 's own determination .

assistant: Unilateral termination
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: have objected to this statement by the prosecutor and to the use of the word “or” in the jury charge on the ground that appellant’s Fourteenth Amendment right to due process of law was violated because the information alleged one offense, but the State proved another. It is proper for the jury to be charged in the disjunctive even though the indictment (or information) may allege the differing methods of committing the offense in the conjunctive. Kitchens v. State, 823 S.W.2d 256, 258 (Tex.Crim.App.1991). In this connection, alternative theories of committing the same offense are properly submitted to the jury in the disjunctive if the evidence is sufficient to support a finding under any of the theories submitted. Id; see also Rosales v. State, 4 S.W.3d 228, 231 (Tex.Crim.App.1999) (<HOLDING>). This comports with the Fourteenth Amendment’s Options: A. holding when a statute defines manner or means of committing an offense indictment need not allege matters beyond the language of the statute B. holding although indictment may allege manner and means of committing offense in the conjunctive jury may be charged in the disjunctive and a conviction on any method alleged will be upheld if the evidence supports it C. holding that when an indictment charges several acts in the conjunctive the verdict stands if the evidence is sufficient with respect to any one of the acts charged D. holdingthat an error in instructing the jury that an offense could be committed by a statutory method not charged in the indictment is cured where the court provides the jury with the indictment and instructs jurors that the burden of proof rests upon the state to prove every material allegation of the indictment and every essential element of the crime charged beyond a reasonable doubt citation omitted E. holding that for purposes of 18 usc 924c1 the law is well established that where an indictment charges in the conjunctive several means of violating a statute a conviction may be obtained on proof of only one of the means

assistant: The best answer is B. holding although indictment may allege manner and means of committing offense in the conjunctive jury may be charged in the disjunctive and a conviction on any method alleged will be upheld if the evidence supports it
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 will be eligible for 4 weeks of annual vacation beginning in 2017 and each vacation year thereafter until your length of service grants additional vacation time. Materion’s vacation year runs from July 1 through June 30 each year.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: make possible the identification of what is described. Tex. Bus. & Com.Code Ann. § 9.110 cmt. (Tex. UCC) (Vernon 1991); see Unicut, Inc. v. Texas Commerce Bank-Chemical, 704 S.W.2d 442, 444 (Tex.App.—Houston [14th Dist.] 1986, writ ref’d n.r.e.). While the so-called “serial number” test is no longer in effect, we still must be able to identify the collateral from the description contained in the security agreement. See Tex.Bus. & Com.Code Ann. § 9.110 cmt. (Tex. UCC) (Vernon 1991). According to the terms of the agreement between Stephens, Birdwell, and BFI, BFI would pay Stephens and Birdwell a percentage of its revenues from asbestos abatement operations for five years if the two men did not- compete with BFI during that time. This is clea 1970 WL 12552 (Bankr.W.D.Mich.1970) (<HOLDING>); FDIC v. Hill, 13 Mass.App. 514, 434 N.E.2d Options: A. holding that the internal revenue service could be required to turn over to bankrupt estate tangible property to which debtor retained ownership B. holding description all tangible personal property now owned by the debtor or which may hereafter be acquired sufficient to cover equipment C. holding description all of the goods then owned or to be owned in the future sufficient to cover equipment and vehicles D. holding that a taxable event has occurred when a manufacturer of tangible personal property uses or consumes items of tangible personal property manufactured by it which product it also sells or installs for a price in the ordinary course of its business at retail E. holding description all personal property sufficient to cover equipment

assistant: The best answer is B. holding description all tangible personal property now owned by the debtor or which may hereafter be acquired sufficient to cover equipment
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 Asset Representations Reviewer resigns or is removed, the Asset Representations Reviewer will use commercially reasonable efforts to cooperate with the Seller, the Servicer and the Transferor to take all actions reasonably requested to assist the Seller, the Servicer and the Transferor in making an orderly transition of the Asset Representations Reviewer's rights and obligations under this Agreement to the successor asset representations reviewer, including, but not limited to, (i) transferring all Review Materials to the successor asset representations reviewer, (ii) returning or destroying all Confidential Information in its possession and (iii) making appropriate personnel available to respond to questions or requests from the Transferor or the Servicer, for a period of one (1) year after the effective date of its resignation or removal. The Asset Representations Reviewer will bear its own costs and expenses in (x) ceasing to be an Asset Representations Reviewer hereunder and (y) assisting the Seller, the Servicer and the Transferor in making an orderly transition of the Asset Representations Reviewer's obligations under this Agreement as described above. In no event will the Asset Representations Reviewer be responsible for the costs and expenses of any third party in connection with the transition to a successor asset representation reviewer, including the successor asset representations reviewer, the Seller, the Transferor, the Servicer, the Issuer or the Indenture Trustee.

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: Within [**] days after delivery by Allergan of a report to Editas (as set forth above), Editas or Allergan, as the case may be, shall pay the applicable payments due to the other Party. The Parties shall have the audit rights set forth in Section 6.10 of the Alliance Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Schedule 3.14 sets forth a description of all material insurance policies maintained by or on behalf of the Loan Parties as of the Effective Date. As of the Effective Date, all premiums in respect of such insurance have been paid. The Borrower believes that the insurance maintained by or on behalf of the Borrower and its Restricted Subsidiaries is adequate.

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 legal provision and list the applicable contract clause categories. Provision: Except as set forth on the Disclosure Schedule, (i) Seller’s ownership and the operation of the Properties is in compliance with all applicable Laws (other than Environmental Law as to which this Section 4(t) shall not apply), except such failures to comply as would not, individually or in the aggregate, have a Material Adverse Effect, and (ii) all necessary permits, licenses, approvals, consents, certificates, and other authorizations with respect to the ownership and operation of the Properties have been obtained and maintained in full force and effect.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: protection of the laws. The district court then stated, however, that “[b]efore there can be any liability under section 1983, there must be ‘a direct causal link’ between the personal conduct of Deputy Lopez or the municipal conduct of Sonoma County and the alleged constitutional deprivation, in this case the murder of Mar g that “our first inquiry in any case alleging mu nicipal liability under § 1983 is the question whether there is a direct causal link between a municipal policy or custom and the alleged constitutional deprivation”); Kibbe, 480 U.S. at 267, 107 S.Ct. 1114 (stating that “the Court repeatedly has stressed the need to find a direct causal connection between municipal conduct and the constitutional deprivation”) (O’Connor, J., dissenting); Harris, 664 F.2d at 1125 (<HOLDING>) (footnote omitted). Neither court has used the Options: A. holding that individuals can be held liable under 1981 only when they have been personally involved or directly participated in the discrimination B. holding that even a temporary deprivation of first amendment rights constitutes irreparable harm C. holding that liability under 1983 can be established by showing that the defendants either personally participated in a deprivation of the plaintiffs rights or caused such a deprivation to occur D. holding that liability under 1983 requires a causal link to and direct responsibility for the deprivation of rights E. holding that a superior can be held liable in his individual capacity if he participated in the deprivation of a plaintiffs constitutional rights

assistant: The best answer is C. holding that liability under 1983 can be established by showing that the defendants either personally participated in a deprivation of the plaintiffs rights or caused such a deprivation to occur
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 Creditor covenants that neither it nor any Affiliate acting on its behalf or pursuant to any understanding with it will execute any purchases or sales, including Short Sales of any of the Company’s securities during the period commencing with the execution of this Agreement and ending on the date when this Agreement is publicly disclosed by the Company. Each Creditor also covenants that until such time as the transactions contemplated by this Agreement are publicly disclosed by the Company, such Creditor will maintain the confidentiality of the existence and terms of this transaction.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: when his property is searched. Block v. Rutherford, 468 U.S. 576, 590-91, 104 S.Ct. 3227, 82 L.Ed.2d 438 (1984). In addition, random and unauthorized deprivations of property do not violate the Due Process Clause if the state provides an adequate post-deprivation remedy. Although Oklahoma has not waived tort liability for claims arising out of the administration of prisons, see Okla. Stat. tit. 51, § 155(24), a prisoner has a remedy against the state in the form of a replevin action based on contract, see Gibson v. Copeland, 13 P.3d 989, 991-92 (Okla. Ct.App.2000). Plaintiff is incorrect in arguing that a post-deprivation remedy does not cure a due process violation when the deprivation was intentional. See Hudson v. Palmer, 468 U.S. 517, 533, 104 S.Ct. 3194, 82 L.Ed.2d 393 (1984) (<HOLDING>). The judgment is AFFIRMED in part and REVERSED Options: A. holding that a prison guards intentional destruction of a prisoners possessions did not give rise to a federal due process claim because state law provided an adequate postdeprivation tort remedy B. holding that meaningful postdeprivation hearing is sufficient to remedy unauthorized intentional deprivations of inmates property C. holding postdeprivation remedy is adequate even when deprivation was intentional D. holding that postdeprivation tort remedy constitutes all the process that is due for unauthorized negligent and intentional torts by state officials E. holding that deprivation of property does not violate due process if a meaningful postdeprivation remedy is available and explaining that state tort actions are meaningful postdeprivation remedies

assistant: The best answer is C. holding postdeprivation remedy is adequate even when deprivation was intentional
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 court would describe, in a leading manner, the mechanics of the death penalty in New Jersey and elicit affirmative responses from the jurors about their ability to follow the law. In Biegenwald IV, supra, 126 N.J. at 36-43, 594 A.2d 172, this Court criticized the trial court for the leading nature of its questions, its failure to probe problematic responses, its frequent exclusion of defense counsel from the questioning process, and its failure to explain the definition of “murder” to obviously confused venirepersons. In Williams II, supra, 113 N.J. at 415-17, 550 A.2d 1172, this Court termed the trial court’s refusal to go into further depth about the effect of other crimes on jurors “serious error.” See also State v. Martini, 131 N.J. 176, 211-12, 619 A.2d 1208 (1993) (Martini I) (<HOLDING>), cert. denied, 516 U.S. 875, 116 S.Ct. 203, Options: A. holding the trial court abused its discretion by refusing to allow a question to prospective jurors on their feelings against recommending probation as punishment in a murder case B. holding trial judge was at the very limit of his discretion in refusing to remove prospective jurors for cause C. holding if kidnapping is charged in addition to capital murder trial court must inquire into effect of kidnapping charge on prospective jurors D. holding that a capital defendant accused of an interracial crime is entitled to have prospective jurors informed of the race of the victim and questioned on the issue of racial bias E. holding double jeopardy did not prohibit capital prosecution of defendant who pled guilty to seconddegree murder and agreed to testify against codefendants but violated plea agreement by refusing to testify at retrial and state properly sought new indictment for capital murder resulting in death sentence imposed at trial for firstdegree murder

assistant: The best answer is C. holding if kidnapping is charged in addition to capital murder trial court must inquire into effect of kidnapping charge on prospective jurors
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 Financial Statements delivered by Borrower to Lender are true and correct in all material respects, fairly present the respective financial condition of the subject thereof as of the respective dates thereof, no material adverse change has occurred in the financial condition reflected therein since the respective dates thereof, and no additional borrowings have been made by Borrower since the date thereof other than the borrowing contemplated hereby or other borrowing approved by Lender.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each Pledgor hereby waives, to the extent permitted by Applicable Law, all rights of redemption, appraisement, valuation, stay, extension or moratorium now or hereafter in force under any Applicable Law in order to prevent or delay the enforcement of this Pledge Agreement or the absolute sale of the Collateral or any portion thereof. Each Pledgor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Obligations and the fees and disbursements of any attorneys employed by the Administrative Agent or any Secured Party to collect such deficiency.

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: This Agreement may be terminated by the Purchaser, as to the Purchaser’s obligations hereunder only and without any effect whatsoever on the obligations between the Company and the Purchaser, by written notice to the other parties, if the Closing has not been consummated on or before March 15, 2017; provided , however , that such termination will not affect the right of any party to sue for any breach by the other party (or parties). For the avoidance of doubt, even absent termination by the Purchaser, the Company needs to, no earlier than 30 days from the date hereof and no later than 45 days from the date hereof and subject to there not being a Material Adverse Effect and the Company not being in default or breach of this Agreement or the Debenture, specifically request the Subsequent Financing payment be made by the Purchaser. The Company’s representations and warranties shall survive the termination of this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Any issuance and delivery of Common Shares in connection with the Mandatory Conversion shall be made without charge to the Lenders or the Administrative Agent for any documentary, stamp or any similar issue or transfer tax in respect of the issue thereof, and the Borrower shall pay any and all documentary, stamp or similar issue or transfer taxes that may be payable in respect of the issuance or delivery of such Common Shares. Borrower shall not, however, be required to pay any such tax which may be payable in respect of any transfer involved in the issue and delivery of shares of such Common Shares in any name other than that of the Lender of the applicable portion of the Loan so converted, and, notwithstanding anything herein to the contrary, any such tax shall be payable by such Lender.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be terminated by either or both of PHMD and DSKX, and the Mergers contemplated by this Agreement and the Radiancy Merger Agreement may be abandoned at any time prior to the Effective Time, whether before or after the PHMD Stockholder Approval has been obtained in accordance with the provisions and subject to the terms and conditions of Section 8.1 of the Radiancy Merger Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: defendants); accord People v. Carrington, 47 Cal.4th 145, 97 Cal.Rptr.3d 117, 211 P.3d 617, 647 (2009) (“An indictment and an information initiate ‘separate proceedings.’ ”); State v. Thomas, 625 S.W.2d 115, 125 (Mo.1981) (“The second indictment began a new and separate criminal proceeding... .”). In fact, the circumstances of this case illustrate the independent nature of the grand jury as a separate charging body. Under Rule 17.01, only a grand jury indictment could have charged Hohenwald with first-degree murder because a conviction for that offense is punishable by life imprisonment. Minn. R.Crim. P. 17.01, subd. 1 (“An offense punishable by life imprisonment must be prosecuted by indictment.”) (emphasis added); see also State v. Kivimaki, 345 N.W.2d 759, 763 (Minn.1984) (<HOLDING>). The indictment, therefore, necessarily Options: A. holding that it was not error to allow the penalty phase jury to hear evidence that the defendants previous conviction of seconddegree murder was obtained pursuant to an indictment for firstdegree murder B. recognizing that rule 1701 required an indictment to proceed on charges of firstdegree murder C. holding that indictment for murder in the first degree charges murder by whatever means it may have been committed regardless of the theory of murder presented to the grand jury D. holding that conspiracy to commit murder is not lesserincluded offense of firstdegree murder E. holding that conviction for seconddegree murder operates as implied acquittal on firstdegree murder count

assistant: The best answer is B. recognizing that rule 1701 required an indictment to proceed on charges of firstdegree murder
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: EACH OF THE COMPANY AND EACH OF THE LENDERS HEREBY IRREVOCABLY WAIVES ALL RIGHT TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: that appellate courts could extend such jurisdiction if the rulings were ‘inextricably intertwined.’ ” Watkins v. City of Oakland, Cal., 145 F.3d 1087, 1092 (9th Cir.1998) (citing Swint, 514 U.S. at 51, 115 S.Ct. 1203). Thus, “the doctrine of pendent appellate jurisdiction ... allows a court of appeals ‘to review an otherwise unappealable interlocutory order if it is inextricably intertwined with an appealable one.’ ” Montano v. City of Chicago, 375 F.3d 593, 599 (7th Cir.2004) (quoting Jones v. Info-Cure, Corp., 310 F.3d 529, 536 (7th Cir. 2002)). To establish pendent appellate jurisdiction, however, Officer Duplain must first establish at least one appealable order, because without an underlying “appealable” order, there can be nothing pendent. See Montano, 375 F.3d at 599 (<HOLDING>) (internal quotation omitted) (emphasis added). Options: A. holding that pendent jurisdiction allows review of an unappealable order if it is inextricably intertwined with an appealable one B. holding that there can be only one final appealable order C. holding rookerfeldman also bars federal claims raised in state court as well as claims that are inextricably intertwined with the statecourt judgment D. holding that an appellate court may not exercise pendent appellate jurisdiction to review a nonfinal district court order where the merits of the nonfinal order are not inextricably intertwined with the properly appealed collateral order or where review of the former is not necessary to ensure meaningful review of the latter E. recognizing that substance abuse and emotional disturbance need not be inextricably intertwined

assistant: The best answer is A. holding that pendent jurisdiction allows review of an unappealable order if it is inextricably intertwined with an appealable one
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: in any litigation between you and headspace over whether to vacate or enforce an arbitration award , you and headspace waive all rights to a jury trial , and elect instead to have the dispute be resolved by a judge .

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: Schedule 4(g) sets forth a true and complete list of the name and jurisdiction of organization of each Subsidiary as well as the entire authorized and outstanding equity securities of each such Subsidiary (the “ Subsidiary Membership Interests ”). Target is the sole record and beneficial owner and holder (either directly or indirectly via a Subsidiary) of all of the Subsidiary Membership Interests, free and clear of all Liens. All of the Subsidiary Membership Interests have been duly authorized, are validly issued, fully paid, and non-assessable, have not been issued in violation of any preemptive or similar right created by statute, the certificate of formation or operating agreement of any Subsidiary, or any Contract to which any Subsidiary is a party or by which any Subsidiary is bound, and have been issued in compliance with applicable Law. Except as set forth on Schedule 4(g) , there are no (i) outstanding or authorized equity interests of any Subsidiary, options (and any shares reserved for issuance upon the exercise thereof), warrants, purchase rights, subscription rights, conversion rights, exchange rights, or other contracts or commitments that could require any Subsidiary to issue, sell, or otherwise cause to become outstanding any of its equity interests or shares convertible, exercisable for or exchangeable into equity or voting interests of such Subsidiary, or (ii) outstanding or authorized equity appreciation, phantom stock, profit participation, or similar equity-based rights with respect to any of the Subsidiary Membership Interests. There are no voting trusts, proxies, or other agreements or understandings with respect to the voting, transfer or other rights of any of the Subsidiary Membership Interests. Neither Target nor any Subsidiary owns, and has no agreement to acquire, any capital stock of or other equity interest in any Person, except for the ownership of the Subsidiary Membership Interests reflected on Schedule 4(g) or as set forth on Schedule 4(g) .

assistant: Subsidiaries
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 we can not resolve a dispute within sixty ( 60 ) days of receipt of such notice , then either you or we may elect to submit the dispute to formal arbitration as hereinafter described .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: F.3d 1214, 1226 (11th Cir.2010). Agent John Solek testified at trial that the 1-213 form is “a basic Border Patrol arrest form.” According to Watson, the 1-213 forms were testimonial hearsay. As such, Watson says, the admission of those forms violated both his Confrontation Clause rights and the rules of evidence because the United States did not demonstrate that the declarants were unavailable to testify. Watson objected to the forms only on hearsay grounds at trial, and so we review his Confrontation Clause argument for plain error. See United States v. Arbo-laez, 450 F.3d 1283, 1291 & n. 8 (11th Cir.2006). Watson, however, does not frame his constitutional argument under the plain-error standards. See United States v. Olano, 507 U.S. 725, 734, 113 S.Ct. 1770, 123 L.Ed.2d 508 (1993) (<HOLDING>). And, as Watson acknowledges, Caraballo held Options: A. holding that plainerror review applies where the defendant fails to object to a constructive amendment B. holding that the defendant bears the burden of proving outside contact with the jury C. holding that the defendant bears the burden of demonstrating that the action should be transferred D. holding that a silent defendant has the burden to satisfy the plainerror rule E. holding that the defendant bears the burden under plainerror review

assistant: The best answer is E. holding that the defendant bears the burden under plainerror review
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: Executive shall be eligible to participate in the benefits made generally available by the Company to similarly situated employees, if any, in accordance with the benefit plans established by the Company and subject to the terms, conditions, limitations and exclusions of the applicable plans, and as may be amended from time to time in the Company’s sole discretion. The foregoing shall not, in any way, require the Company to establish any such benefits or continue to maintain any such benefits.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: that can be raised, we are aided in resolving this question by well established rules of statutory construction. “Whatever is newly created by statute draws to itself the same qualities and incidents as if it had existed at the common law. In other words, the statute is to be interpreted after the rules and incidents of the common law.” Adkins v. Commonwealth, 175 Va. 590, 599, 9 S.E.2d 349, 353 (1940) (quoting Chichester v. Vass, 5 Va. (1 Call) 83, 102 (1797)). The common law in this state has long recognized that a person who reasonably apprehends bodily harm by another is privileged to exercise reasonable force to repel the assault. Jackson v. Commonwealth, 96 Va. 107, 113, 30 S.E. 452, 454 (1898); see also Montgomery v. Commonwealth, 99 Va. 833, 835, 37 S.E. 841, 842 (1901) (<HOLDING>). The privilege to use such force is limited by Options: A. recognizing no right to damages if landowner retains reasonable access to property after a condemnation B. recognizing that any witness has the right to refuse to be interviewed if he so desires and is not under or subject to legal process C. holding that defendant had the right to refuse to answer questions put to him by police officer who had called him D. recognizing the right of a landowner to order a trespasser away and if he refuse s to go to use proper force to expel him so long as no breach of the peace is committed in the outset E. holding that where the plaintiffs evidence supported a finding that the defendants had applied force to restrain him the jury must determine not only whether the officers were justified in using force at all but if so whether the degree of force actually used was reasonable

assistant: The best answer is D. recognizing the right of a landowner to order a trespasser away and if he refuse s to go to use proper force to expel him so long as no breach of the peace is committed in the outset
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: on the agreement rather than on the judgment.” Indeed, the instant Separation Agreement provides that "this Agreement shall independently remain in full force and effect, and shall survive any decree, order, or judgment hereafter entered and shall forever be binding and conclusive upon the parties.” Thus, under settled Virginia law, Hildebrand may properly sue under the Separation Agreement given that it was not merged in the Final Decree of Divorce. Id. 15 . As noted supra, both Hildebrand and Iron Works are citizens of Virginia, while Lewis is a citizen of Florida. 16 . It is axiomatic that subject matter jurisdiction can be challenged at any time, either by the parties or by the court sua sponte. See Rule 12(h)(3), Fed.R.Civ.P.; Lovern v. Edwards, 190 F.3d 648, 654 (4th Cir.1999) (<HOLDING>) (citations omitted). 17 . In this regard, it Options: A. holding that state law claims cannot pend from a federal one over which the district court lacks subject matter jurisdiction B. recognizing that a federal court is obliged to dismiss a case whenever it appears the court lacks subject matter jurisdiction C. holding that when an appellate court determines that it lacks jurisdiction the only thing it can do is dismiss the appeal D. recognizing that there are nonconstitutional grounds on which we may dismiss a suit before considering the existence of federal subject matter jurisdiction and concluding that the court could dismiss for failure to satisfy the demand pleading requirement of rule 231 before addressing subject matter jurisdiction E. holding that a federal court is obliged to determine its own jurisdiction for each case

assistant: The best answer is B. recognizing that a federal court is obliged to dismiss a case whenever it appears the court lacks subject matter jurisdiction
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: oculus vr , llc ( `` oculus '' , `` we '' , `` us '' or `` our '' ) is pleased to provide you with access to , and use of , physical goods , platform services , software , websites , applications and content ( collectively , the `` services '' ) .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each of the Administrative Agent, the Lenders and the Issuing Lender agree to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates and to its Related Parties (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential); (b) to the extent required or requested by any regulatory authority purporting to have jurisdiction over such Person or its Related Parties (including any self-regulatory authority, such as the National Association of Insurance Commissioners); (c) to the extent required by applicable laws or regulations or by any subpoena or similar legal process; (d) to any other party hereto; (e) in connection with the exercise of any remedies hereunder or under any other Loan Document or any action or proceeding relating to this Agreement or any other Loan Document or the enforcement of rights hereunder or thereunder; (f) subject to an agreement containing provisions substantially the same as those of this Section, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights and obligations under this Agreement, or (ii) any actual or prospective party (or its Related Parties) to any swap, derivative or other transaction under which payments are to be made by reference to the Borrower and its obligations, this Agreement or payments hereunder; (g) on a confidential basis to (i) any rating agency in connection with rating the Borrower or its Subsidiaries or the Facilities or (ii) the CUSIP Service Bureau or any similar agency in connection with the issuance and monitoring of CUSIP numbers with respect to the Facilities; (h) with the consent of the Borrower; or (i) to the extent such Information (x) becomes publicly available other than as a result of a breach of this Section, or (y) becomes available to the Administrative Agent, any Lender, the Issuing Lender or any of their respective Affiliates on a nonconfidential basis from a source other than the Borrower.

assistant: Confidentiality