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: The initial term of this Agreement shall be for a period of twenty (20) years, with the Services commencing on the Effective Date and terminating on the 20th anniversary date of the Effective Date (the “ ”). Following the Initial Term, this Agreement shall automatically renew for four (4) consecutive periods of five (5) years each (each a “ ”). The Initial Term together with the Renewal Term shall be collectively referred to herein as the “ ”. The Parties agree that the Association shall not have the right to terminate this Agreement during the Initial Term or any Renewal Term except as otherwise authorized under Section 718.302, F.S. The Association acknowledges and agrees that the length of the Term is a material inducement for Lessee entering this Agreement and providing the Services.

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: Upon confirmation that the other conditions to closing specified herein have been satisfied or duly waived by the Investor, the Company shall deliver to the Investor, the Note registered in the name of the Investor and the Warrants registered in the name of the Investor, and the Investor shall cause a wire transfer in same day funds to be sent to the account of the Company as instructed in writing by the Company, in an amount representing the Purchase Price subject to the expense deductions set forth in Section 8.5 (the “ Closing Date ”).

assistant: Closings
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: ordering a change of custody when a specific event occurs, or requiring the parties to reappear in court after the expiration of a specified time, or by leaving custody open pending the resolution of employment decisions of one or both parties.” Id. “While commending the ‘genuine concern for the children’ that motivates ‘such creativity,’ the Missouri Supreme Court concluded such provisions improperly expand the trial court’s jurisdiction.” Id. In this case, the provisions of the trial court’s “Interlocatory [sic] Judgment” purporting to retain jurisdiction over the issues of “parenting of the child” and child support are precisely the type of creative attempt to expand the trial court’s jurisdiction that has previously been rejected by Missouri case law. See Lacher, 785 S.W.2d at 79 (<HOLDING>); Lavalle, 11 S.W.3d at 651-52 (holding invalid Options: A. holding that the rule g pleading standard was met when the cash amount seized was large 185000 the claimant had been unemployed for six months the cash was packaged in an unusual fashion the claimant attempted to avoid a search and gave a false statement to police and a drug dog alerted positively B. holding that an outofwedlock childs pending claim for retroactive child support was nondischargeable in bankruptcy because a debt for child support arises upon the birth of the child and that the fact that no court had yet ordered the debtor to support the child does not take the debt outside the scope of 11 usc 523a5 C. holding that where the meaning of the jurys verdict was not clear in light of the trial courts jury instructions the court of appeals erred in directing entry of judgment for respondent the case should have been remanded to the trial judge who was in the best position to pass upon the question of a new trial in light of the evidence his charge to the jury and the jurys verdict D. holding invalid and of no effect provisions in a judgment purporting to retain jurisdiction in the trial court for six months over the issues of the amount of child support and maintenance for the reason the respondent was currently unemployed E. holding that it was error for the trial court to determine the issue of child support without a child support guidelines worksheet

assistant: The best answer is D. holding invalid and of no effect provisions in a judgment purporting to retain jurisdiction in the trial court for six months over the issues of the amount of child support and maintenance for the reason the respondent was currently unemployed
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 the termination provisions set forth in Section 10 , the closing of the transactions contemplated hereby (the “ Closing ”) shall occur on the third business day after the satisfaction or waiver of all of the conditions set forth in Sections 8 and 9 (other than those conditions that by their nature are satisfied at the Closing), including the effectiveness of the Shareholder Approval, the Amendment, and the Reverse Split; or at such other time and date to be agreed between the Company and the Investors purchasing a majority of the Securities (such date and time of delivery and payment for the Securities being herein called, the “ Closing Date ”).

assistant: Closings
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: are excluded.” Tex. Gov’t.Code Ann. § 311.005(13) (Vernon 2005). This Court relied on § 311.005(13) in interpreting the statutory meaning of “including” in Grunsfeld v. State, 843 S.W.2d 521 (Tex.Crim.App.1992) (plurality opinion), superseded by statute, Tex.Code CRIM. PROC. art. 37.07(3)(a) (Vernon Supp. 1994). Pursuant to § 311.005(13), we established that the list following “including” in Article 37.07(3)(a) of the Texas Code of Criminal Procedure was not exclusive as to the evidence admissible at the sentencing phase of trial, as long as it was relevant to sentencing. Grunsfeld, 843 S.W.2d at 525 (explaining that the legislature’s use of the term “including” in amending Article 37.07(3)(a) rendered the list following it nonexclusive); see also Beasley v. State, 902 S.W.2d at 456-57 (<HOLDING>). The lower courts have also interpreted the Options: A. holding that the scope of crossexamination did not extend to any bad acts committed by the defendant during his life where defendant presented evidence of adverse circumstances that he experienced in his early childhood rather than evidence of his general good character B. holding that evidence of the defendants prior stabbing of someone who insulted his gang status was admissible to prove motive under rule 404 b in his trial for attempted murder of someone else who also insulted his gang status C. holding that structural evidence showing the inception of the conspiracy prior to the charged activities was admissible under rule 404b D. holding that evidence concerning the activities of a gang to which the appellant belonged was admissible under article 37073a because matters relevant to sentencing were not limited to the prior criminal record of the defendant his general reputation and his character E. holding that any relevant mitigating evidence concerning a defendants character should not be excluded

assistant: The best answer is D. holding that evidence concerning the activities of a gang to which the appellant belonged was admissible under article 37073a because matters relevant to sentencing were not limited to the prior criminal record of the defendant his general reputation and his character
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 addition , we grant you a personal , worldwide , royalty-free , non-assignable and non-exclusive license to use the evernote software provided to you by or on behalf of evernote , for the sole purpose of enabling you to use the evernote software and enjoy the benefit of the service , subject to any applicable license terms provided with the evernote software and these terms , until your rights are terminated in accordance with such license and/or 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 legal provision and list the applicable contract clause categories. Provision: Principal represents and warrants to Purchaser that the statements contained in this Section 4 are correct and complete as of the date of this Agreement and will be correct and complete as of the Closing Date (as though made then and as though the Closing Date were substituted for the date of this Agreement throughout this Section 4).

assistant: Representations
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 wish to dispute the information ebay reported to a credit bureau ( i.e. , experian , equifax or transunion ) please contact us at ebay inc. , c/o global collections , 7700 west parmer lane , building d , austin , tx 78729 .

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: identify the officer or officers whose arrest efforts Bonner allegedly resisted in each information. Given the number of officers involved in the police chase and the number of ways Bonner was alleged to have fled from the different officers, the separate Resisting charges would not have provided Bonner with sufficient information to anticipate the proof that would be adduced against him with regard to each charge if the officers pertinent to each separate offense had not been particularly identified. Id. "Thus, the only way to obtain the desired convictions for both Class D felony Resisting and Class A misdemeanor Resisting was to prove that Bonner engaged in two separate and distinct acts of Resisting." Id. at 494. See also Fadell v. State, 450 N.E.2d 109, 116 (Ind.Ct.App.1983) (<HOLDING>). In support of his argument, Parahams also Options: A. holding that plaintiffs wdea claim was without merit where plaintiff was unable to identify any basis for his claim that the employer had a duty to rehire him B. holding that dismissal is not warranted where the plaintiff was unable to attend courtordered depositions because the military would not grant him leave time to comply with the courts orders C. holding that indictment sufficiently informed defendant of the charge against him so as to enable him to prepare a defense and thus there is no claim that he was surprised at trial D. holding that the ada plaintiff was unable to perform essential functions of job when the plaintiffs psychotherapist had told the employer that the plaintiff was unable to work in any position when the plaintiff did not disagree with that point and when the plaintiff in response to a request for admission conceded that she was no longer able to work E. holding that indictment for theft by deception was insufficient because the indictments failure to name the deputies and employees involved left fadell unable to anticipate the proof which would be adduced against him and unable to prepare his defense

assistant: The best answer is E. holding that indictment for theft by deception was insufficient because the indictments failure to name the deputies and employees involved left fadell unable to anticipate the proof which would be adduced against him and unable to prepare his defense
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 Copyright Security Agreement and the security interest granted hereby (in each case, as to an individual Grantor) shall automatically terminate with respect to all of a Grantor’s Obligations and any Lien arising therefrom shall be automatically released upon termination of the Security Agreement or release of such Grantor’s obligations thereunder. The Collateral Agent shall, in connection with any termination or release herein or under the Security Agreement, execute and deliver, at the sole expense of the Grantors, to any Grantor as such Grantor may request, an instrument in writing releasing the security interest in the Copyright Collateral acquired under this Agreement. Additionally, upon such satisfactory performance or payment, the Collateral Agent shall reasonably cooperate, at the sole expense of the Grantors, with any efforts made by a Grantor to make of record or otherwise confirm such satisfaction including, but not limited to, the release and/or termination of this Agreement and any security interest in, to or under the Copyright Collateral.

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: are AFFIRMED IN PART; DISMISSED IN PART; AND REMANDED. HEARN, C.J., and ANDERSON, J., concur. 1 . Respondents aver that prior to the establishment of N.C. Corp., Burger became a 25% shareholder in S.C. Corp. Accordingly, Respondents assert the four partners own equal 25% interests in both companies. 2 . Appellants state a total of seven issues on appeal. However, we feel that most of the issues may be condensed into four issues for our consideration. Appellants' remaining issues are unsupported by authority and are deemed abandoned. 3 . See I’On v. Town of Mount Pleasant, 338 S.C. 406, 526 S.E.2d 716 (2000) (stating parties should raise all necessary issues and arguments to trial court and attempt to obtain a ruling); Townsend v. City of Dillon, 326 S.C. 244, 486 S.E.2d 95 (1997) (<HOLDING>); Noisette v. Ismail, 304 S.C. 56, 403 S.E.2d Options: A. holding issue cannot be raised for the first time on appeal but must have been raised to and ruled upon by the trial judge to be preserved for appellate review B. holding issues must be raised to and ruled upon by the circuit court to be preserved for appellate review C. holding an issue must be raised to and ruled upon by the trial court to be preserved for appellate review D. holding that issues must be raised and ruled upon in the trial court to be preserved for appellate review E. holding issues not ruled upon by the trial judge are not preserved for appellate review

assistant: The best answer is E. holding issues not ruled upon by the trial judge are not preserved for appellate 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: No license to the receiving party under any trade secrets or patents or otherwise with respect to any of the Proprietary Information is granted or implied by conveying proprietary Information or other information to such party, and none of the information transmitted or exchanged shall constitute any representation, warranty, assurance, guaranty or inducement with respect to the infringement of patents or other rights of others.

assistant: Yes
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 executed in two or more counterparts, all of which shall be considered originals of one and the same agreement and shall become effective when one or more counterparts have been signed by each of the parties hereto and delivered to the other parties. Signatures delivered by facsimile or by e-mail in portable document format (PDF) shall be binding for all purposes hereof.

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 legal provision and list the applicable contract clause categories. Provision: If any provision or provisions of this Agreement shall be held to be invalid, illegal or unenforceable for any reason whatsoever: (a) the validity, legality and enforceability of the remaining provisions of this Agreement (including, without limitation, each portion of any section, paragraph or sentence of this Agreement containing any such provision held to be invalid, illegal or unenforceable that is not itself invalid, illegal or unenforceable) shall not in any way be affected or impaired thereby and shall remain enforceable to the fullest extent permitted by law; (b) such provision or provisions shall be deemed reformed to the extent necessary to conform to applicable law and to give the maximum effect to the intent of the parties hereto; and (c) to the fullest extent possible, the provisions of this Agreement (including, without limitation, each portion of any section, paragraph or sentence of this Agreement containing any such provision held to be invalid, illegal or unenforceable, that is not itself invalid, illegal or unenforceable) shall be construed so as to give effect to the intent manifested 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 legal provision and list the applicable contract clause categories. Provision: There shall not be: (i) pending by or before any Governmental Authority any Proceeding that (A) seeks to frustrate, prevent or restrict the consummation of the Transactions on their terms, and the conferring upon the Purchaser and the Company all of their respective rights and benefits, contemplated by this Agreement, or which has or could have the effect of limiting or restricting Purchaser’s ownership or the conduct or operation of the business by the Company following the Closing, (B) Other than as is set forth in Section 3.12 of the Company Disclosure Schedule , seeks the award of Losses in an amount which is reasonably determined by the Purchaser to be material and payable by, or any other remedy against, the Company if the Transactions are consummated, or (C) seeks remedy to the effect that any of the Company Products, its technologies or Intellectual Property, or otherwise the business of the Company, infringes, misappropriates or otherwise violates the Intellectual Property rights of any other Person; or (ii) any Proceeding threatened in writing by any Person that if successful would have any of the effects described in clause (i) above.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: [14th Dist.] 2012, no pet. h.). In situations where “the employer requires the employee to travel as part of its business — i.e., pursuant to the contract of employment — the risk of traveling stems from that business and properly can be said to arise as a result of the employer’s business.” Id. (quotation omitted). Further, “only employer-provided transportation that amounts to a necessity from the employer’s perspective, and not just a gratuitous accommodation to the employee, is sufficient, without more,” to satisfy the origination requirement. Seabright, 427 S.W.3d at 448-49 (emphasis added) (footnote omitted). It is clear, however, that even if the vehicle was not a necessity to the contract, the court can still find that the travel originated in the employer’s business. See id. (<HOLDING>). The Seabright court found that origination Options: A. holding that a note delivered by an employees mother which stated that the employee was having a lot of pain in her side and would not be able to work that day and the mothers statement that the employee was sick were insufficient as a matter of law to inform the employer that the employees request to take time off was for a serious health condition within the meaning of the fmla B. holding that the employers failure to interact with the employee does not preclude the employee from losing on summary judgment because the employee must still prove that a reasonable accommodation could have been made C. holding that the employer had a protectible interest in its good will where the employee had direct contact with its customers and much of the employers business was repeat business D. holding that the company truck was furnished to the employee gratuitously and even still as a matter of law the employees travel originated in and furthered the employers business E. holding that employers policy which required employee to work without pay in violation of federal law was unreasonable and employees refusal to comply was not misconduct

assistant: The best answer is D. holding that the company truck was furnished to the employee gratuitously and even still as a matter of law the employees travel originated in and furthered the employers business
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: pattern analysis must be extracted by puncturing the skin and withdrawing body fluids. Schmerber clearly requires a warrant for that forced blood extraction, unless probable cause combines with exigent circumstances such as the dissipation of blood alcohol evidence. In addition, DNA genetic pattern analysis is even more intrusive than the blood alcohol test, discussed in Schmerber and Skinner, which revealed only the current blood levels of alcohol and other behavior-altering substances. DNA genetic pattern analysis catalogs uniquely private genetic facts about the individual that should be subject to rigorous confidentiality requirements even broader than the protection of an individual’s medical records. See Whalen v. Roe, 429 U.S. 589, 599, 97 S.Ct. 869, 876, 51 L.Ed.2d 64 (1977) (<HOLDING>). Conversely, individuals have a categorically Options: A. holding that an inmate had no liberty interest in avoiding transfer to a more restrictive facility B. recognizing that the states interest in preventing the premature release of individuals who have already proven their dangerousness to society by committing a criminal act outweighs the acquittees interest in avoiding continued confinement C. recognizing interest in avoiding exposure to animals killed by hunters D. recognizing limits on an individuals right to privacy and requiring the government to move a compelling interest only if there will be disclosure of protected information E. recognizing the individuals interest in avoiding disclosure of personal matters

assistant: The best answer is E. recognizing the individuals interest in avoiding disclosure of personal matters
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: added). CYFD also failed to present any evidence suggesting that Father was directed by CYFD to submit urinalyses that screened for alcohol but was noncompliant or unwilling to do so. Steckbauer’s final conversation with Father occurred in early December 2013, and Father testified that Steckbauer did not discuss the subject of drug tests with him at all. {37} In the absence of evidence showing any efforts on the part of CYFD to obtain additional urinalyses, we do not believe that Father’s submission of one inconclusive drug screen constituted evidence that he had failed to alleviate the causes and conditions of neglect or was unlikely to do so in the foreseeable future. Cf. State ex rel. Children, Youth & Families Dep’t v. Amanda H., 2007-NMCA-029, ¶ 22, 141 N.M. 299, 154 P.3d 674 (<HOLDING>). The district court incorrectly applied the Options: A. holding that the trial court had erred in imposing an obligation to pay child support when clear and convincing evidence established that the husband was not the father of the child B. holding that in reviewing a defendants motion for judgment of acquittal based on insanity which the defendant must prove by clear and convincing evidence the court must determine whether no reasonable jury could have failed to find that the defendants criminal insanity at the time of the offense was established by clear and convincing evidence C. holding that fraud on the court must be supported by clear unequivocal and convincing evidence D. holding that despite the lack of a statutory requirement that severe child abuse be shown by clear and convincing evidence due to the consequences of such a finding the clear and convincing standard must be applied E. holding that an initial positive toxicology test was inconclusive and therefore did not constitute clear and convincing evidence that established the childs neglect

assistant: The best answer is E. holding that an initial positive toxicology test was inconclusive and therefore did not constitute clear and convincing evidence that established the childs neglect
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: 12.5 limitation of liability : subject to paragraphs 12.3 and 12.4 above , skype shall not be liable to you , whether in contract , tort ( including negligence ) or any other theory of liability , and whether or not the possibility of such damages or losses has been notified to skype , for :

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: The BIA’s adoption of the IJ’s adverse credibility determination can be reviewed without considering the lack of credible corroborating documents. Indeed, in the very case cited by the majority, Ahmed v. Keisler, 504 F.3d 1183, 1190-91 (9th Cir.2007), we expressly held that where the BIA’s phrasing suggests one standard of review and its analysis of the issue-or lack of analysis-suggests another standard, we look to the IJ’s decision to inform our review. In this case, the IJ’s adverse credibility determination rested on the discrepancy about whether the Petitioner was hit in the face or in the stomach. Because this discrepancy goes to the heart of the Petitioner’s claim, it supports the adverse credibility determination. See Dhital v. Mukasey, 532 F.3d 1044, 1051 (9th Cir.2008) (<HOLDING>) (citation omitted). For these reasons, I would Options: A. holding when one identified ground for an adverse credibility determination is supported by substantial evidence and goes to the heart of petitioners claim of persecution the court is bound to accept the ijs adverse credibility determination B. holding that substantial evidence supports an adverse credibility finding if it is supported by specific cogent reasons C. holding that a single inconsistency concerning the nature of the applicants mistreatment afforded substantial evidence to support the adverse credibility finding D. holding that an adverse credibility determination must be supported by a true inconsistency E. holding that substantial evidence supports an adverse credibility determination when there is an inconsistency concerning events central to his version of why he was persecuted and fled iran

assistant: The best answer is E. holding that substantial evidence supports an adverse credibility determination when there is an inconsistency concerning events central to his version of why he was persecuted and fled iran
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: (R. 7 at ¶ 3 (emphasis added).) Accordingly, contrary to Brickman’s assertion, the holding in Cooper Labs is simply not controlling here, because it is based on a policy provision that is readily distinguishable from paragraph 3 in the Axis policy. Moreover, we find that under the plain language of paragraph 3, Axis did not have a duty to defend Brickman until the underlying insurance, i.e., the ACE policy, had “been exhausted by the payment of damages.” (Id.) In this case, ACE paid no damages until final settlement of Peisel’s claims against Brickman in September 2008. Accordingly, no duty to defend arose under paragraph 3 before September of 2008, at the earliest. Cf. Virginia Sur. Ins. Co. v. RSUI Indem. Co., Civ. A. No. 09-928, 2009 WL 4282198, at *4, *7 (D.Ariz. Nov. 25, 2009) (<HOLDING>) Furthermore, there is no record evidence that Options: A. holding the obligation to defend does not arise until the insurer is presented with a complaint B. holding insurers duty to defend is determined by allegations in the petition C. holding that an insurer had a duty to defend the insured until it could establish that those claims were not supported by the facts D. holding that where excess policy provided that duty to defend did not arise until the underlying insurance was exhausted by payments of judgments settlements and any cost or expense subject to such limit excess insurers duty to defend did not arise until the payment of the settlement E. holding that insurer was liable for amount in excess of policy limits because it breached its duty to defend

assistant: The best answer is D. holding that where excess policy provided that duty to defend did not arise until the underlying insurance was exhausted by payments of judgments settlements and any cost or expense subject to such limit excess insurers duty to defend did not arise until the payment of the settlement
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 threats that create a “general atmosphere of fear and reprisal” render a free election impossible. Westwood Horizons Hotel, 270 NLRB 802, 803 (1984). Threats will interfere with a free election when they are “serious and likely to intimidate prospective voters to cast their ballots in a particular manner.” Id. The question here is whether the comments made by Davis and Keating and disseminated to other voting employees in a very close election crossed the line, becoming threats that made a free election impossible. We conclude that the Board abused its discretion here by finding that the threats did not create a “general atmosphere of fear and reprisal” according to the Board’s own precedent. See id.; see also Honeywell Int’l, Inc. v. NLRB, 253 F.3d 119, 123 (D.C.Cir.2001) (<HOLDING>). Under the Board’s Westwood Hotel precedent Options: A. holding the boards cursory departure from precedent rendered its decision arbitrary and capricious B. holding that the plan administrators failure to address the social security administrations finding of the claimants disability rendered the decision arbitrary and capricious C. recognizing that arbitrary and capricious decision making by the factfinder implicates an error of law D. holding that when the agencys decision was based on an erroneous and completely unsupported assumption the decision was arbitrary and capricious E. holding that evidence contrary to an administrators decision does not make the decision arbitrary and capricious so long as a reasonable basis appears for the decision

assistant: The best answer is A. holding the boards cursory departure from precedent rendered its decision arbitrary and capricious
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: policy concerns require us to resist appellants’ attempt to make a mockery out of the trial proceedings by conducting a series of mini-trials. Appellants’ proffered defense is more analogous to one that attempts to negate the mental element of a crime through reliance on advice of private counsel. In both instances defendant resorts to a studied interpretation of the law as the basis for action. The Code cautions against permitting this type of defense. See Model Penal Code § 2.04 comment 3, at 280; see also W. LaFave & A. Scott, supra, at 595 (noting that case law uniformly rejects such a defense and that the Code is in accord). 7 .It is important to emphasize that appellant in Merkt I was not raising a mistake of law defense based on a factual misperception. Merkt I, 764 F.2d at 273 (<HOLDING>). She did not, for instance, "assert[ ] Options: A. recognizing that a mistake of fact may constitute a valid defense B. holding that a valid guilty plea waives a statute of limitations defense C. holding that applicability of the voluntary payment doctrine and the mistake of fact exception raises questions of fact that cannot be resolved on a motion to dismiss D. recognizing lack of consideration as an affirmative defense to a release that is valid on its face E. holding that money paid under mistake of fact may be recovered regardless of the negligence of the payor

assistant: The best answer is A. recognizing that a mistake of fact may constitute a valid defense
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: estate were “at best speculative and hypothetical”). Neither of the cases Cytomedix cites, In re Ames Department Stores Inc., 190 B.R. 157, 161 (S.D.N.Y.1995) (“related to” jurisdiction proper where recovery in the case was accounted for in the structure of the reorganization plan); Larami Limted v. Yes! Entertainment Corp., 244 B.R. 56, 60 (D.N.J.2000) (“related to” jurisdiction over patent infringement suit against debtor appropriate during ongoing Chapter 11 proceedings) provides support for its argument. Moreover, the Seventh Circuit has rejected the Pacor analysis applied in these cases, settling on a more limited definition of “related to” jurisdiction. See FedPak, 80 F.3d at 213 (rejecting “sweeping test” adopted in Pacor, Inc. v. Higgins, 743 F.2d 984, 994 (3rd Cir.1984) (<HOLDING>)). Cytomedix points out that in confirming its Options: A. holding that a proceeding that by its nature could arise only in the context of a bankruptcy case is a core matter subject to the jurisdiction of the bankruptcy court B. holding that related to jurisdiction exists whenever a proceeding could conceiv ably have any effect on the bankruptcy estate C. holding that bankruptcy court is without jurisdiction to control disposition of chapter 13 debtors property that is not property of the bankruptcy estate unless the property is related to the bankruptcy proceedings of the code D. holding that if dispute involves funds that are not property of estate it cannot be maintained in the bankruptcy court unless it is related to the bankruptcy proceeding which means it is likely to affect the debtors estate E. holding that congress jurisdictional grant to bankruptcy courts to hear proceedings related to a bankruptcy case suggests a grant of some breadth and includes inter alia suits between third parties which have an effect on the bankruptcy estate

assistant: The best answer is B. holding that related to jurisdiction exists whenever a proceeding could conceiv ably have any effect on the bankruptcy estate
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 CREDIT PARTY HEREBY IRREVOCABLY AND UNCONDITIONALLY: (a) SUBMITS FOR ITSELF AND ITS PROPERTY IN ANY LEGAL ACTION OR PROCEEDING, DIRECTLY OR INDIRECTLY, RELATING TO THIS AGREEMENT OR ANY OTHER CREDIT DOCUMENT TO WHICH IT IS A PARTY, OR FOR RECOGNITION AND ENFORCEMENT OF ANY JUDGMENT IN RESPECT THEREOF, TO THE NON-EXCLUSIVE GENERAL JURISDICTION OF THE COURTS OF THE STATE OF NEW YORK IN THE COUNTY OF NEW YORK AND THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK; (b) CONSENTS THAT ANY SUCH ACTION OR PROCEEDING MAY BE BROUGHT IN SUCH COURTS AND WAIVES ANY OBJECTION THAT IT MAY NOW OR HEREAFTER HAVE TO THE VENUE OF ANY SUCH ACTION OR PROCEEDING IN ANY SUCH COURT OR THAT SUCH ACTION OR PROCEEDING WAS BROUGHT IN AN INCONVENIENT COURT AND AGREES NOT TO PLEAD OR CLAIM THE SAME; (c) AGREES THAT SERVICE OF PROCESS IN ANY SUCH ACTION OR PROCEEDING MAY BE EFFECTED BY MAILING A COPY THEREOF BY REGISTERED OR CERTIFIED MAIL (OR ANY SUBSTANTIALLY SIMILAR FORM OF MAIL), POSTAGE PREPAID, TO IT AT ITS ADDRESS SET FORTH IN SCHEDULE V TO THIS AGREEMENT OR AT SUCH OTHER ADDRESS OF WHICH LENDER SHALL HAVE BEEN NOTIFIED PURSUANT TO SECTION 13.16; AND (d) AGREES THAT NOTHING HEREIN SHALL AFFECT THE RIGHT TO EFFECT SERVICE OF PROCESS IN ANY OTHER MANNER PERMITTED BY LAW OR SHALL LIMIT THE RIGHT TO SUE IN ANY OTHER JURISDICTION.

assistant: Submission To 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 legal provision and list the applicable contract clause categories. Provision: This Amendment shall be deemed to be a contract made under the laws of the State of Delaware and for all purposes shall be governed by and construed in accordance with the laws of such state applicable to contracts to be made and performed entirely within such state.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: first and foremost , nothing in these rules will ever place a `` duty '' upon blizzard entertainment to reimburse you by providing experience credit for any experience lost for any reason , unless such loss was caused by blizzard entertainment 's negligence .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Executive represents and certifies that she has carefully read and fully understands all of the provisions and effects of this Release and has knowingly and voluntarily entered into this Release freely and without coercion. The Executive acknowledges that the Company advised her to consult with an attorney prior to executing this Release and further advised her that she had 45 calendar days within which to review and consider this Release. Executive understands that she can waive the 45-day period to evaluate and consider this Release and that, if she signs this Release in less time, she has done so voluntarily in order to obtain sooner the benefits under this Release. The Executive is voluntarily entering into this Release and no member of the Company Group nor any other Released Parties made any representations concerning the terms or effects of this Release other than those contained in the Release itself and the Executive is not relying on any statement or representation by the Company or any other Released Parties in executing this Release. The Executive is relying on her own judgment and that of her attorney to the extent so retained. The Executive also specifically affirms that this Release clearly expresses her intent to waive fraudulent inducement claims, and that she disclaims any reliance on representations about any of the specific matters in dispute.

assistant: Representations
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: are deemed to be qualified experts in the field of social security disability. See 20 C.F.R. §§ 404.1512(b)(6), 404.1513(c), 404.1527(f)(2), 416.912(b)(6), 416.913(c), and 416.927(f)(2); see also Leach ex rel. Murray v. Barnhart, No. 02 Civ. 3561, 2004 WL 99935, at *9 (S.D.N.Y. Jan. 22, 2004) (“State agency physicians are qualified as experts in the evaluation of medical issues in disability claims. As such, their opinions may constitute substantial evidence if they are consistent with the record as a whole.”). Such reliance is particularly appropriate where, as here, the opinions of these examining and non-examining State agency medical consultants are supported by the weight of the evidence. See Brunson v. Barnhart, 01-CV-1829, 2002 WL 393078, at *14 (E.D.N.Y. Mar. 14, 2002) (<HOLDING>). As such, this Court finds that the ALJ Options: A. holding that opinions of nonexamining sources may be considered where they are supported by evidence in the record B. holding that findings by the trial judge are considered binding on appeal when supported by adequate substantial and credible evidence C. holding that the record supported the district courts award of damages D. holding that judgment may be affirmed on any ground supported by the record E. holding that judgment may be affirmed on any ground supported by record

assistant: The best answer is A. holding that opinions of nonexamining sources may be considered where they are supported by evidence in the record
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: rule 9(b) was applicable to RICO claims. See Tr. at 30 (Court). Mr. Bird, Plaintiffs’ counsel, and Mr. Bregman, Leslie Robins’ counsel, both thought rule 9(b) applies. See id. at 43 (Bird), 44 (Breg-man). It appears, however, based on the Court’s own research, that the standards of rule 9(b) do not apply to RICO claims in this situation. The Tenth Circuit has applied rule 9(b) only to RICO cases where the underlying racketeering acts were themselves acts of fraud that would be subject to rule 9(b) if pled independently as causes of action. See Cayman Exploration Corp. v. United Gas Pipe Line Co., 873 F.2d 1357, 1362 (10th Cir.1989). In other areas of RICO, however, the standard, more generous requirements of rule 8 apply. See Robbins v. Wilkie, 300 F.3d 1208, 1211 (10th Cir.2002)(<HOLDING>). In defending the sufficiency of their Options: A. holding that to rebut presumption plaintiff need only allege specific facts not plead evidence B. holding that plaintiffs cannot claim that a conspiracy to violate rico existed if they do not adequately plead a substantive violation of rico C. holding that plaintiff need only plead damages in rico cases sufficient to meet rule 8s requirements D. holding that district court properly dismissed a complaint containing a purported one thousand causes of action for failing to meet rule 8s requirements E. holding a plaintiff must plead sufficient factual allegations to establish that a plausible contract exists but need not plead every detail of the contract

assistant: The best answer is C. holding that plaintiff need only plead damages in rico cases sufficient to meet rule 8s requirements
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: 5.3 Subject to section 5.4, within 10 days of a written request by the Disclosing Party, the Receiving Party shall, unless otherwise precluded by any legal obligation: (d) retain electronic Confidential Information described in subsection 5.3(c) only for the period it normally maintains such records, which electronic Confidential Information shall remain subject to the provisions of this Agreement until destroyed. 5.4 Notwithstanding anything in section 5.3, the Receiving Party shall not be obliged to return or destroy any derivative materials or reports prepared by the Receiving Party for the Permitted Purpose, which materials and reports shall nonetheless remain subject to the confidentiality obligations in this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Unless otherwise agreed to by the parties, after Catalent completes a unit operation step in the Processing of a Batch and no later than [*] thereof, Catalent shall provide Client with copies of Batch records for such step prepared in accordance with the Specifications; provided , that if testing reveals an out-of­Specification result, Catalent shall provide such Batch records and any other documentation as reasonably requested promptly (and no later than [*]) following resolution of the out-of-Specification result. If for any reason Catalent is unable to send final copies of Batch records for Processing steps to Client within [*] of Processing, Catalent will immediately scan and electronically send to Client draft copies of such Batch records, [*], so as to allow Client to review the draft Batch records in parallel with Catalent’s review of such records. After Catalent completes Processing of a Batch and no later than [*] thereof, Catalent shall also provide Client or its designee with a certificate of analysis, certificates of compliance and conformance with cGMP, and TSE/BSE certificate in forms mutually acceptable to the parties for such Batch. Issuance of certificates of analysis, conformance and TSE/BSE certificates constitute release of the Batch by Catalent to Client. Client shall be responsible at its cost for final release of Product to the market.

assistant: Releases
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: to the extent permitted under your local laws , covered parties exclude any implied warranties or conditions , including those of merchantability , fitness for a particular purpose , safety , comfort , and non-infringement .

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: if you create an account , you are responsible for maintaining the confidentiality of any and all actions that take place while using your account , and you must notify our support team right away of any actual or suspected loss , theft , or unauthorized use of your account or account password .

assistant: None