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

user: Read the legal provision and list the applicable contract clause categories. Provision: Potts hereby reaffirms and restates his continuing obligations as set forth in Section 7(c) of the Employment Agreement with respect to the disclosure and assignment to Company of all Innovations (as defined in the Employment Agreement), which Section 7(c) is hereby incorporated by reference herein and shall remain in full force and effect unaffected by this Agreement and Release. Potts recognizes and agrees that additional consideration to which he would not otherwise be entitled is being provided to him hereunder for him to reaffirm and agree to his foregoing obligations.

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: residence and had Smith’s photograph on them. Reginald Currie, Smith’s coconspirator, testified that he and Smith took firearms to New York where a friend, Flowers, sold them. Smith, Currie, and Flowers were arrested together in New York in a car eo-owned by Smith and his girlfriend, two days after Smith purchased the firearms in North Carolina. At the time of his arrest, Smith had $1,800 and a small amount of cocaine on his person. The possession of the drugs and money was consistent with Currie’s testimony that Smith sold the guns at an approximate value of $700 each in cash and drugs. We therefore conclude that viewing the evidence in the light most favorable to the Government, the district court did not err in denying the motion for acquittal. IV Last, Smith contends th Cir.2005) (<HOLDING>). Moreover, on appeal, Smith does not challenge Options: A. holding that the armed career criminal designation based on prior convictions does not violate the sixth amendment under booker B. holding that defendants sixth amendment right to trial by a jury was not violated by district courts reliance on his prior convictions for purposes of sentencing under the acca even though convictions were neither charged in indictment nor admitted C. holding that a conviction for florida armed robbery is a crime of violence under the armed career criminal act D. holding that defendants sixth amendment right to trial by a jury was not violated by district courts reliance on his prior convictions for purposes of sentencing under the armed career criminal act E. holding that there is no sixth amendment right to jury sentencing

assistant: The best answer is D. holding that defendants sixth amendment right to trial by a jury was not violated by district courts reliance on his prior convictions for purposes of sentencing under the armed career criminal act
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 Borrower and its Subsidiaries are (a) insured with financially sound and reputable insurance companies or (b) self-insured or otherwise insured in manner and scope that complies with the applicable provisions of Section 6.07 , as the case may be, and in each case, 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 Borrower or its Subsidiaries operate.

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: Subject to earlier termination as hereinafter provided, the Executive’s employment shall commence on the Closing Date, as such term is defined in the Stock Purchase Agreement of even date (the “ Effective Date ”), and shall continue until terminated pursuant to Section 5 hereof (the “ Term ”).

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 legal provision and list the applicable contract clause categories. Provision: Company and Employee understand and agree that this Agreement shall constitute the entire agreement between them regarding the subject matter contained herein, and that all prior understandings or agreements regarding these matters are hereby superseded and replaced, including, without limitation, the Key-Employee Covenants Agreement previously signed by the parties. Any amendment to or modification of this Agreement must be in writing signed by the parties hereto and stating the intent of the parties to amend or modify this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Any and all notices, requests, demands, acceptances, appointments and other communications provided for by this Agreement shall be in writing (including telex, telecopy or similar tele-transmission) and shall be effective when actually delivered in person or, if mailed, five (5) days after having been deposited in the United States mail, postage prepaid, registered or certified and addressed to you at your last known address on the books of the Company, or in the case of the Company, addressed to its principal place of business, attention of Chief Executive Officer, or to such other address as either party may specify by notice to the other.

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: under section 227(c).” Id. at 6590 n. 124. The FCC further explained that a seller may face vicarious liability “under a broad range of agency principles, including not only formal agency, but also principles of apparent authority and ratification.” Id. at 6584 ¶ 28. The Courts have diverged on the appropriate deference that should be accorded Dish Network and prior FCC rulings in this area under Chevron USA Inc. v. NRDC, Inc., 467 U.S. 837, 104 S.Ct. 2778, 81 L.Ed.2d 694 (1984). Compare Gomez, 768 F.3d at 878 (“Because Congress has not spoken directly to this issue and because the FCC’s interpretation [of the TCPA in Dish Network ] was included in a fully adjudicated declaratory ruling, the interpretation must be afforded Chevron deference.”) with Mais, 944 F.Supp.2d at 1243 (<HOLDING>) and Toney v. Quality Res., Inc., 75 F.Supp.3d Options: A. holding that because the fcc is authorized to promulgate binding legal rules and it issued the order under review in the exercise of that authority its interpretation of the communications act was entitled to chevron deference B. holding that the common law principle of vicarious liability applied to the tcpa because absent a clear expression of congressional intent to apply another standard the court must presume that congress intended to apply the traditional standards of vicarious liability with which it is presumed to be familiar C. holding that a prior fcc ruling regarding vicarious liability under section 227b was not entitled to chevron defer ence because it contradicted the tcpas plain language D. holding that vicarious coconspirator liability need not be charged in the indictment E. holding regulations entitled to chevron deference

assistant: The best answer is C. holding that a prior fcc ruling regarding vicarious liability under section 227b was not entitled to chevron defer ence because it contradicted the tcpas plain language
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 Lender, and Agent after his appointment, agree to use their best efforts to cooperate in the administration of the Loan under this Agreement and, except as specified in Section 9 hereof, to use their best efforts to keep each other reasonably well informed with respect to any material event relating to the Company and/or the Loan. Without limiting the generality of the foregoing, the parties hereby agree to execute such documents and perform such acts as may be desirable to carry out the purposes of this Agreement, including without limitation, the execution of such documents as Agent may request in connection with any actions or decisions of Agent or any specified number of Lenders authorized under this Agreement regarding the administration or enforcement of the Loan, ownership, management, operation, sale, or leasing of the collateral, whether or not any Lender agrees with such decision or action. The obligations of the parties contained herein may be specifically enforced by an action brought in a court of competent jurisdiction.

assistant: Further Assurances
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: plan. Allowing the Debtors to now modify their chapter 13 plan in such a way as to reduce the value received by GMAC is inequitable and such a result is unacceptable under the Bankruptcy Code and relevant case law. The Debtors’ proposed modification is not permitted by § 1329(a). The Bankruptcy Code does not allow the Debtors’ to modify the amount of an allowed secured claim post-confirmation. To allow the Debtors’ to surrender their vehicle and reclassify GMAC’s deficiency as an unsecured claim would shift the loss resulting from the vehicle’s depreciation to GMAC. Such a result seems illogical when any appreciation post-confirmation would benefit the debtor and not the secured creditor. See e.g. Ford Motor Credit Company v. Stevens (In re Stevens), 130 F.3d 1027, 1030 (11th Cir.1997) (<HOLDING>). A debtor who decides to retain collateral at Options: A. holding that a secured creditor is not entitled to receive any more than that to which it was entitled pursuant to the terms of the confirmed plan B. holding that 506a does not require or permit a reduction in the creditors secured claim to account for purely hypothetical costs of sale of chapter 13 debtors residence C. holding that where a security agreement contained collateral other than collateral for which creditor advanced funds to debtor since it secured antecedent debts as well as new debt and the agreement provided that the security interest secured payment and performance of the debtors present and future debts to the creditor the creditor did not have a pmsi and the debtors could avoid the creditors lien on collateral claimed as exempt D. holding that the secured creditor was only entitled to the amount of its claim as provided in the debtors chapter 13 plan when the destruction of the vehicle yielded insurance proceeds greater than the secured creditors claim E. holding that chapter 13 debtors were unable to avoid a creditors unperfected secured claim because they lacked standing

assistant: The best answer is D. holding that the secured creditor was only entitled to the amount of its claim as provided in the debtors chapter 13 plan when the destruction of the vehicle yielded insurance proceeds greater than the secured creditors claim
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the Borrower shall hand deliver or fax (or transmit through Electronic System, if arrangements for doing so have been approved by the Issuing Bank) to the Issuing Bank and the Administrative Agent (reasonably in advance of the requested date of issuance, amendment, renewal or extension, but in any event no less than three Business Days) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary thereof, and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by the Issuing Bank, the applicable Borrower also shall submit a letter of credit application on the Issuing Bank’s standard form in connection with any request for a Letter of Credit. A Letter of Credit shall be issued, amended, renewed or extended only if (and upon issuance, amendment, renewal or extension of each Letter of Credit the Borrowers shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension the LC Exposure shall not exceed $1,000,000, (ii) no Revolving Lender’s Revolving Exposure shall exceed its Revolving Commitment and (iii) the Aggregate Revolving Exposure shall not exceed the lesser of the aggregate Revolving Commitments and, if applicable, the Borrowing Base. Notwithstanding the foregoing or anything to the contrary contained herein, no Issuing Bank shall be obligated to issue or modify any Letter of Credit if, immediately after giving effect thereto, the outstanding LC Exposure in respect of all Letters of Credit issued by such Person and its Affiliates would exceed such Issuing Bank’s Issuing Bank Sublimit. Without limiting the foregoing and without affecting the limitations contained herein, it is understood and agreed that the Borrower may from time to time request that an Issuing Bank issue Letters of Credit in excess of its individual Issuing Bank Sublimit in effect at the time of such request, and each Issuing Bank agrees to consider any such request in good faith. Any Letter of Credit so issued by an Issuing Bank in excess of its individual Issuing Bank Sublimit then in effect shall nonetheless constitute a Letter of Credit for all purposes of the Credit Agreement, and shall not affect the Issuing Bank Sublimit of any other Issuing Bank, subject to the limitations on the aggregate LC Exposure set forth in clause (i) of this Section 2.06(b).

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 legal provision and list the applicable contract clause categories. Provision: If any provision or portion of a provision of this Agreement is held by a court of competent jurisdiction to be unenforceable or invalid under any applicable statute or rule of law, such court is authorized to modify such provision to the minimum extent necessary to make it enforceable and valid, and the remaining provisions or portions of provisions of this Agreement shall in no way be affected or impaired thereby.

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 case excerpt and choose the best holding from the options. Case excerpt: case filed by the Texas Department of Family and Protective Services, section 263.405(i) bars this court from considering any issues not “specifically presented to the trial court in a timely filed statement of the points on which the party intends to appeal or in a statement combined with a motion for new trial.” Section 263.405(i) is effective for cases, like this one, appealed on or after September 1, 2005. We note that the legislature has also mandated that indigent parents in these termination cases receive appointed counsel. The Supreme Court of Texas has held that this “statutory right to counsel in parental-rights termination cases embodies the right to effective counsel,” and this court has specifically held that “the statutory right to appointed counsel aff 2003, pet. denied) (<HOLDING>); In re D.R.L.M., 84 S.W.3d 281, 291 Options: A. holding statement of points in notice of appeal sufficient B. holding failure to raise issue in statement of points does not forfeit it on appeal C. holding an argument to be waived for inadequate briefing and failure to raise the issue in the statement of points on appeal D. holding failure to file statement of points is no bar to appeal E. holding failure to timely file statement of points does not forfeit issues on appeal

assistant: The best answer is B. holding failure to raise issue in statement of points does not forfeit it on appeal
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: reiterated the USAF position: “Malcolm Grow Medical Center is not Dr. Zell’s employer; rather, Malcolm Grow is merely the location where Dr. Zell carries out the contractual duties of his employment. Our records show that Dr. Zell is employed by [THS] of San Antonio, Texas. Any concerns regarding Dr. Zell’s employment should be addressed directly with them.” Relying on these representations, says Zell, he initiated contact with the EEOC only one week later, but failed to mention the USAF in his EEOC intake questionnaire, since he did not believe them to be his employer. (1) The Federal Defendants argue that equitable tolling is precluded because Zell was represented by counsel, which extinguishes any equitable basis for tolling a limitations period. See English, 828 F.2d at 1049 (<HOLDING>) (emphasis added). Zell suggests that the case Options: A. holding that if an attorney is discharged without cause he is entitled to a charging lien for the reasonable value of his services rendered prior to the date of the substitution of counsel where 1 his representation was entirely competent and successful up until his discharge 2 any potential conflict of interest was disclosed and the plaintiff chose to continue to be represented by the attorney and 3 the discharge of the attorney occurred solely because of a fee dispute B. holding that where the insurer retains an attorney to represent the insured pursuant to an insurance policy the attorney acts in the capacity of an independent contractor for the insured C. holding that even if an employer violates the posting requirement the charging period is tolled until the plaintiff acquires actual knowledge of his rights or retains an attorney D. holding that the limitations period should be tolled until the plaintiff became aware of the facts necessary to support a charge of discrimination E. holding that the lack of a confidentiality agreement does not necessarily defeat an argument that information is a trade secret because where an employee acquires during the course of his employment a special technique or process developed by his employer he is under a duty not to use it to the detriment of his employer

assistant: The best answer is C. holding that even if an employer violates the posting requirement the charging period is tolled until the plaintiff acquires actual knowledge of his rights or retains an attorney
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 represents the entire agreement between the parties hereto except for such other agreements set forth in the Loan Documents, superseding any and all other agreements, promises or representations existing prior to or made simultaneously with this Agreement. Any oral statements regarding the subject matter of this Agreement are merged herein.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Corporation shall pay the Executive an annual salary (the “ Base Salary ”) of $600,000, less applicable withholding and other deductions, payable in accordance with the Corporation’s then current payroll practices. Commencing in 2017, the Base Salary will be reviewed at least annually by the Board of Directors (and/or the Compensation Committee thereof) and may be increased, but not decreased, in its sole discretion, in which event any increased Base Salary shall be deemed the Base Salary under this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement has been duly executed and delivered by each of the Sellers and, upon due execution by Ladenburg, will constitute the legal, valid and binding obligation of the Sellers, enforceable against the Sellers in accordance with its terms, except to the extent that its enforcement is limited by bankruptcy, insolvency, reorganization or other laws relating to or affecting the enforcement of creditors’ rights generally and by general principles of equity.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Amendment No. 1 may be executed in any number of counterparts, each of which shall be an original, but all of which taken together shall constitute one and the same agreement. Delivery of an executed counterpart of this Amendment No. 1 by telefacsimile or other electronic method of transmission shall have the same force and effect as delivery of an original executed counterpart of this Amendment No. 1. Any party delivering an executed counterpart of this Amendment No. 1 by telefacsimile or other electronic method of transmission shall also deliver an original executed counterpart of this Amendment No. 1, but the failure to do so shall not affect the validity, enforceability, and binding effect of this Amendment No. 1.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: is not met. The second alternative, that “the holder of any claim or interest that is junior to the claims of such class will not receive or retain under the plan on account of such junior claim or interest” is often referred to as the “absolute priority rule.” SOS’s Plan does not provide for equity holders to receive or retain an interest, because the Debtor, as a non-profit organization, has no equity holders. See e.g., In re General Teamsters, Warehousemen and Helpers Union, Local 890, 265 F.3d 869 (9th Cir.2001) (affirming bankruptcy court’s holding that a labor union, which was a non-profit entity, had no equity holders and that, therefore, the absolute priority rule was not applicable to its Chapter 11 plan); In re Wabash Valley Power Ass’n., Inc., 72 F.3d 1305 (7th Cir.1995) (<HOLDING>), cert. denied sub nom. U.S. v. Wabash Valley Options: A. holding that a creditors failure to vote or to object to a chapter 11 plan constitutes acceptance of the plan B. holding that a plan under chapter 13 although confirmed was invalid because it failed to comply with the mandatory provisions of 11 usc 1322a2 requiring full payment of all claims entitled to priority C. holding that the absolute priority rule was not applicable to the chapter 11 plan of a nonprofit electric cooperative which had no equity holders D. holding that the good faith analysis for evaluating a chapter 11 petition and that in evaluating a chapter 11 plan are distinct E. holding in a case where a chapter 11 trustee was appointed after a period during which the debt or had operated as debtor in possession that a chapter 11 trustee has two years from the date of his appointment not from the commencement of the chapter 11 case to bring avoidance actions

assistant: The best answer is C. holding that the absolute priority rule was not applicable to the chapter 11 plan of a nonprofit electric cooperative which had no equity holders
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: Lopez, 514 U. S., at 603 (dissenting opinion). In the half century following the modern activation of the commerce power with passage of the Interstate Commerce Act in 1887, this Court from time to time created categorical enclaves beyond congressional lidating law prohibiting interstate shipment of goods manufactured with child labor as a regulation of “manufacture”); A. L. A. Schechter Poultry Corp. v. United States, 295 U. S. 495, 545-548 (1935) (invalidating regulation of activities that only “indirectly” affected commerce); Railroad Retirement Bd. v. Alton R. Co., 295 U. S. 330, 368-369 (1935) (invalidating pension law for railroad workers on the grounds that conditions of employment were only indirectly linked to commerce); Carter v. Carter Coal Co., 298 U. S. 238, 303-304 (1936) (<HOLDING>). Since adherence to these formalistically Options: A. holding that application of fair labor standards act flsa to transportation employees employed by local government does not contravene the commerce clause because labor conditions of those employees affect interstate commerce B. holding that the lottery commission was not a person under the unfair practices act C. holding that regulation of unfair labor practices in mining regulated production not commerce D. recognizing that navigable waters railroads and highways are channels of commerce which can be regulated under congress commerce powers E. holding that a religious foundation is an enterprise engaged in commerce or in the production of goods for commerce within the meaning of the fair labor standards act

assistant: The best answer is C. holding that regulation of unfair labor practices in mining regulated production not commerce
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: After giving effect to the transactions contemplated by this Agreement and the other Loan Documents, including all Loans made or to be made hereunder, and assuming that the Contribution Agreement creates an asset of those parties entitled to contribution under the Contribution Agreement, neither the Borrower nor any Guarantor is insolvent on a balance sheet basis such that the sum of such Person’s assets exceeds the sum of such Person’s liabilities, the Borrower and each Guarantor is able to pay its debts as they become due, and the Borrower and each Guarantor has sufficient capital to carry on its business.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement together with the CVR Agreement, the Confidentiality Agreement, the exhibits hereto or thereto, the Company Disclosure Letter and the other documents and certificates delivered pursuant hereto, (a) constitute the entire agreement, and supersede all prior agreements and understandings, both written and oral, among the parties with respect to the subject matter of this Agreement and (b) except for each indemnified party described in Section 6.7 with respect to the provisions of Section 6.7 , is not intended to confer, nor shall it confer, upon any Person other than the parties hereto any rights or remedies or benefits of any nature whatsoever.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Joint Lead Arrangers shall have received (a) the audited consolidated balance sheets of the Borrower and related statements of income, equity and cash flows of the Borrower for the three (3) most recently completed fiscal years ended at least 90 days before the Other Debt Refinancing Closing Date and (b) unaudited consolidated balance sheets and related statements of income and cash flows of the Borrower for each subsequent fiscal quarter ended at least 45 days before the Other Debt Refinancing Closing Date (other than any fiscal fourth quarter); provided that the financial statements referred to in clauses (a) and (b) will be deemed received by the Joint Lead Arrangers upon the filing thereof by the Borrower with the SEC.

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: Borrower (a) will deliver to Agent each of the financial statements, reports, and other items set forth on Schedule 5.1 no later than the times specified therein, (b) will deliver on the date that is seven days after the Closing Date, and every successive week thereafter, a proposed updated cash flow forecast for the thirteen-week period following the date of delivery, which shall be in substantially the same form and detail as the Budget, which shall be the proposed, updated Budget; provided that the proposed updated budget shall only become the “Budget” as defined herein and under the Financing Order upon the written consent of Agent (which Agent will only provide after receiving the consent of each Lender, pursuant to Section 14.1(j) of this Agreement); (c) will deliver weekly, on the Wednesday of every week, a variance report setting forth actual cash receipts and disbursements of the Borrower and Loan Parties for the prior week ended Friday and setting forth all the variances, on a line-item and aggregate basis, from the amount set forth for such week as compared to the Budget on a weekly and cumulative basis, (d) agrees that no Subsidiary of a Loan Party will have a fiscal year different from that of Borrower, (e) agrees to maintain a system of accounting that enables Borrower to produce financial statements in accordance with GAAP, and (f) agrees that it will, and will cause each other Loan Party to, (i) keep a reporting system that shows all additions, sales, claims, returns, and allowances with respect to its and its Subsidiaries’ sales, and (ii) maintain its billing systems and practices substantially as in effect as of the Closing Date and shall only make material modifications thereto with notice to, and with the consent of, Agent.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: to understand or determine a fact at issue.” Daubert, 509 U.S. at 592, 113 S.Ct. 2786. And, with that statement, the so-called Daubert hearing was born. Daubert hearings were created for Courts to determine the soundness of an expert’s opinions. A DaubeH hearing was meant to be a manageable evidentiary-hearing where the Trial Judge could outline and evaluate the qualifications of an expert prior to trial. Louis A. Jacobs, Giving Lie to Antiquated Notions About Scientific Evidence, 22 Am. J. Trial Advoc. 507, 537-38 (1999). These hearings were not required in every case and for every expert. Id. at 540. Some Courts, however, erroneously held that Daubert hearings were mandatory for all experts. See Daubert v. Merrell Dow Pharmaceuticals, Inc., 9th Cir., 43 F.3d 1311, 1319 n. 10 (1995) (<HOLDING>); Caubarreaux v. E.I. Dupont de Nemours, Options: A. holding after remand that where the opposing party thus raises a material dispute as to the admissibility of expert scientific evidence the district court must hold an in limine hearing a socalled daubert hearing to consider the conflicting evidence B. holding defendant failed to preserve for appeal the question of admissibility of evidence that was the subject of the motion in limine where defendant failed to object to evidence when offered at trial C. holding that in determining prejudice a court hearing an ineffectiveness claim must consider the totality of the evidence before the judge or jury D. holding that an evidentiary hearing is necessary only if the party requesting the hearing raises a significant disputed factual issue E. holding that the district court need not conduct a separate evidentiary hearing to adjudicate a socalled daubert motion

assistant: The best answer is A. holding after remand that where the opposing party thus raises a material dispute as to the admissibility of expert scientific evidence the district court must hold an in limine hearing a socalled daubert hearing to consider the conflicting evidence
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 Term Loan shall run for a period beginning on the Closing Date and end on the Maturity Date. On the Maturity Date, the unpaid principal balance of the Term Loan, all accrued and unpaid interest thereon, and any and all other amounts due and owing hereunder or under any other Loan Document relating to the Term Loan shall be due and payable in full.

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: trial court did not err in modifying the arbitration award to include the three entity names all representing the same law firm and entering judgment against B & A as well as B & A LLC. See Cummings v. HCA Health Servs. of Tex., Inc., 799 S.W.2d 403, 405 (Tex.App.-Houston [14th Dist.] 1990, no writ) (“We see no difference whether [hospital] is sued ‘as a d/b/a’ and alleged to be the assumed or common name of another corporate entity, or sued alone as the assumed or common name.”) (citing Tex.R. Civ. P. 28 (allowing lawsuits to be brought directly against entity in its assumed name)). We overrule appellants’ second issue. III. Joint and Several Liability Improper In their third issue, appellants complain that the trial court erred in making Broemer jointl -San Antonio 1994, writ denied) (<HOLDING>); Riha v. Smulcer, 843 S.W.2d 289, 294 Options: A. recognizing that a trial court can set aside verdict B. holding trial court had no authority to award attorneys fees when arbitrator had stated he would not award attorneys fees C. holding that court was required to award an attorneys billing rate where defendant had submitted no evidence on fees D. holding that the trial court was without authority to set aside entry of default on motion to set aside default judgment E. holding that trial courts order erroneously set aside arbitrators award of attorneys fees because issue had properly been submitted to arbitrator and trial court was without authority to modify that aspect of the decision

assistant: The best answer is E. holding that trial courts order erroneously set aside arbitrators award of attorneys fees because issue had properly been submitted to arbitrator and trial court was without authority to modify that aspect of the decision
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: 2007, no pet.) (op. on reh’g); Nelson v. Regions Mortgage, Inc., 170 S.W.3d 858, 863 (Tex.App.-Dallas 2005, no pet.). It is well settled that the DJA is not a grant of jurisdiction; rather, it is a procedural device for deciding cases already within a court’s jurisdiction. Chenault v. Phillips, 914 S.W.2d 140, 141 (Tex.1996); City of Houston v. Buttitta, 274 S.W.3d 850, 853 (Tex.App.-Houston [1st Dist.] 2008, no pet.) (op. on reh’g). Here, York claims that the justice court’s order awarding the property to the State for the benefit of the Wise County Sheriffs Office is void allas 2003, no pet.); Davis v. Boone, 786 S.W.2d 85, 87 n. 3 (Tex.App.-San Antonio 1990, no writ). But see S. County Mut. Ins. Co. v. Powell, 736 S.W.2d 745, 749-50 (Tex.App.-Houston [14th Dist.] 1987, no writ) (<HOLDING>). To prevail on a collateral attack, the Options: A. holding that a judgment as to the title in a prior litigation was not subject to collateral attack B. recognizing bankruptcy courts jurisdiction over such a collateral attack C. holding that dormant judgment is voidable and therefore not subject to collateral attack D. holding in dictum that extrinsic evidence should be permissible to show applicability of automatic stay in collateral attack against judgment E. recognizing collateral attack on void order

assistant: The best answer is D. holding in dictum that extrinsic evidence should be permissible to show applicability of automatic stay in collateral attack against judgment
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Any Lender may at any time, without the consent of, or notice to, any Borrower or the Administrative Agent, sell participations to any Person (other than a natural person, a Defaulting Lender or a Borrower or any of the Borrowers’ Affiliates or Subsidiaries) (each, a “Participant”) in all or a portion of such Lender’s rights and/or obligations under this Agreement (including all or a portion of its Revolving Credit Commitment and/or the Loans (including such Lender’s participations in Letter of Credit Obligations and/or Swing Line Loans) owing to it); provided that (i) such Lender’s obligations under this Agreement shall remain unchanged, (ii) such Lender shall remain solely responsible to the other parties hereto for the performance of such obligations and (iii) the Borrowers, the Administrative Agent, the Lenders and the Letter of Credit Issuer shall continue to deal solely and directly with such Lender in connection with such Lender’s rights and obligations under this Agreement.

assistant: Participations
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: By participating in the Plan, the Participant waives all and any rights to compensation or damages in consequence of the termination of his or her employment or engagement with the Company and/or any past or present subsidiary or Affiliate for any reason whatsoever, whether lawfully or otherwise, insofar as those rights arise or may arise from his ceasing to have rights under the Plan (including ceasing to be entitled to any RSU) as a result of such termination, or from the loss or diminution in value of such rights or entitlements, including by reason of the operation of the terms of the Plan, any determination by the Board (or its designee) pursuant to a discretion contained in the Plan or the provisions of any statute or law relating to taxation.

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 case excerpt and choose the best holding from the options. Case excerpt: collateral estoppel, which, unlike federal law, does generally require mutuality of parties for the application of collateral estoppel. That is, in contrast to Gelb, generally, Ohio law. does not permit a person not party to a prior lawsuit to invoke offensive collateral estoppel. See id. The third and fourth cases cited by the defendants on this issue are factually inapposite to the present case. See Edwell v. Chase, Nos. 05-cv-19, 05-cv-34, 05-cv-43, 2005 WL 3664804, *4 (D.N.M. Dec. 7, 2005) (finding that a defendant was not collaterally estopped from denying plaintiffs’ claims merely because the plaintiffs had offered testimony against the defendant in a prior case in which the defendant was found liable); National Acceptance Co. of America v. Bathalter, 705 F.2d 924 (7th Cir.1983) (<HOLDING>). By contrast, other courts have expressly held Options: A. holding that a valid assertion of the fifth amendment privilege in a civil case may not be treated as an admission that allegations are true B. holding that denial of reduction for acceptance of responsibility was a penalty which could not be imposed for defendants assertion of fifth amendment privilege C. recognizing that policy reasons undergirding assertion of fifth amendment privilege outside jurys presence apply even if privilege is invalid D. holding that juveniles request to call parent is assertion of fifth amendment privilege against selfincrimination E. holding that the statement ill take the fifth was an assertion of the fifth amendment privilege

assistant: The best answer is A. holding that a valid assertion of the fifth amendment privilege in a civil case may not be treated as an admission that allegations are true
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.2d at 1145 (citing Penn Gen. Casualty Co. v. Pennsylvania, 294 U.S. 189, 195, 55 S.Ct. 386, 79 L.Ed. 850 (1935)). The purpose of the doctrine is to promote comity between courts, Penn General, 294 U.S. at 195, 55 S.Ct. 386, and to avoid the “logical and practical difficulty of two courts simultaneously vying for possession or control of the same property.” United States v. $79,123.49, 830 F.2d 94, 97 (7th Cir.1987). “Where the assertion of jurisdiction by the two courts is nearly simultaneous, it becomes important, as in the present case, to determine the precise time when the jurisdiction attaches.” Penn General, 294 U.S. at 196, 55 S.Ct. 386. The sine qua non of in rem jurisdiction is seizure, control, or custody of the res. See, e.g., Penn General, 294 U.S. at 196, 55 S.Ct. 386 (<HOLDING>); Donovan v. City of Dallas, 377 U.S. 408, 412, Options: A. holding there is no meaningful distinction between due course and due process B. holding jeopardy attaches when the guilty plea is accepted C. holding that jurisdiction attaches when a complaint is filed and process subsequently issues in due course D. holding jeopardy attaches when jury is empanelled and sworn E. holding that there is no due process right to appellate review

assistant: The best answer is C. holding that jurisdiction attaches when a complaint is filed and process subsequently issues in due course
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 you are a resident of germany , france , austria or finland : notwithstanding anything in these terms to the contrary , the qualifier `` to the maximum extent permitted by law '' and other qualifiers of similar effect shall be deemed to be deleted from the terms everywhere it appears and shall have no force and effect .

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: no licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by airbnb or its licensors , except for the licenses and rights expressly granted in these terms .

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: 1981 but, rather, reflect only conclusions. Those conclusions, being based on faulty if unexpressed premises, are unsupportable. As such, this court finds that those cases do not represent a helpful, or appropriate, mode of analysis for the resolution of the issue presented here. A second approach, adopted by many courts, allows Hispanic plaintiffs and those of other ethnic groups to state a claim under section 1981 sufficient to survive a motion to dismiss. Nonetheless, these courts have required the plaintiffs to amend their complaints to allege “racial” discrimination and/or to bear the burden of producing evidence that the alleged discrimination was of a “racial,” as opposed to a national origin, character. See, Bullard v. OMI Georgia, Inc., 640 F.2d 632, 634 (5th Cir. 1981) (<HOLDING>); Khawaja v. Wyatt, 494 F.Supp. 302, 304-05 Options: A. holding official immunity is available in claims of discrimination if plaintiff fails to establish his treatment by defendants was so at variance with what would reasonably be anticipated absent racial discrimination that racial discrimination is the probable explanation B. holding that racial discrimination is not a personal injury tort C. recognizing that the distinction between national origin and racial discrimination is an extremely difficult one to trace and holding that plaintiffs allegations of racial discrimination were sufficient to survive a motion to dismiss D. holding that racial discrimination is a personal injury tort E. holding accent discrimination may be actionable as national origin discrimination under title vii citing with approval eeoc guidelines defining national origin discrimination to include discrimination based on the linguistic characteristics of a national origin group

assistant: The best answer is C. recognizing that the distinction between national origin and racial discrimination is an extremely difficult one to trace and holding that plaintiffs allegations of racial discrimination were sufficient to survive a motion to dismiss