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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: is an essential element of a cause of action of fraud, and this detrimental reliance must be pled with particularity. Learning Works, Inc. v. The Learning Annex, Inc., 830 F.2d 541, 547 (4th Cir.1987). Complaints that fail to meet these heightened pleading requirements are subject to dismissal under Fed. R.Civ.P. 12(b)(6). Lasercomb Am., Inc. v. Reynolds, 911 F.2d 970, 980 (4th Cir.1990). A court should hesitate to dismiss a complaint under Rule 9(b) if the court believes that “the defendant has been made aware of the particular circumstances for which she will have to prepare a defense at trial” and that the “plaintiff has substantial prediscovery evidence of those facts.” Harrison, 176 F.3d at 784; See also Dunn v. Borta, No. 03-1362, 2004 WL 1110424 (4th Cir. May 19, 2004) (<HOLDING>) and U.S. ex rel. Harrison v. Westinghouse Options: A. holding that a plaintiff may present unsubstantiated factual allegations on appeal provided they are consistent with the complaint to show that the complaint should not have been dismissed B. holding that the fraud claims against the defendant should not have been dismissed as the complaint provided him with fair notice of the claims made against her C. holding that the notice of appeal filed after the district court entered judgment as to one defendant but before the court dismissed the claims against the other defendants would have become effective when those defendants were later dismissed D. holding that fraud claims were wrongfully dismissed for insufficient particularity as they provided sufficient notice of the facts of the alleged misconduct E. holding that if the federal claims are dismissed before trial the state claims should be dismissed as well

assistant: The best answer is B. holding that the fraud claims against the defendant should not have been dismissed as the complaint provided him with fair notice of the claims made against her
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: can be revoked, expressly provides that the term of probation does not run during any period in which the probationer is imprisoned for a period of at least thirty days. 18 U.S.C. §§ 3564, 3565 (Supp. V 1988). 8 . We note that the tolling of probation during periods of imprisonment also raises an issue of notice. In previous cases involving the revocation of probation after term, we have indicated our concern that timely notice be given the probationer that the court intends to revoke his probation. Thus, in Dent, supra, we stated that where there is no formal extension of the probationary period, the trial court must take "appropriate steps” prior to the expiration of probation "to put the probationer on notice that probable cause exists for revocation of probation." 465 A.2d at 843 (<HOLDING>). Similarly, we have maintained that ex parte Options: A. holding that all data necessary to show probable cause for the issuance of a search warrant must be contained within the four corners of the affidavit B. holding that issuance of an order to show cause satisfied this requirement C. holding that issuance of a protective order or other probable cause of abuse precludes court ordered mediation D. holding that a deportation proceeding commenced after an order to show cause issued E. holding in the iirira context that the combination of service of the order to show cause and the issuance of a detainer notice sufficed to begin the proceedings

assistant: The best answer is B. holding that issuance of an order to show cause satisfied this requirement
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: No waiver of any breach of any term or provision of this Agreement shall be construed to be, nor shall be, a waiver of any other breach of this Agreement. No waiver shall be binding unless in writing and signed by the Party against whom such waiver is sought to be enforced. No modification of this Agreement shall be effective unless in writing and signed by authorized representatives of all Parties.

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: relationships clearly fall within the definition of a securities account, including the relationship between ... a broker and customers who leave securities with the broker....” Id. at UCC Cmt. 1. Although the Noteholders have not presented specific evidence of an "agreement," there is evidence that Goldman Sachs is treating Appaloosa as the beneficial owner of the accounts related to the Notes. Undisputed Statement of Uncontroverted Facts, Nos. 36, 38. (The Noteholders directed Goldman Sachs to produce the Notes for payment in response to County's notice to tender the Taxable Notes and Goldman Sachs did so). 17 .Reply Affidavits of Judy K. Mencher and James Bolin, Bolin Deck, Exhs. B-N (filed under seal). 18 . See, e.g., Lapidus v. Hiltzik, 160 A.D.2d 682, 553 N.Y.S.2d 458, 460 (1990) (<HOLDING>). 19 . That section provides that the issuer Options: A. holding that where plaintiff had possession of a stock certificate and the signature on the certificates was admitted plaintiff was entitled to recover on it unless the other party established a defect going to the validity of the security ucc 81053c B. holding that the burden is on the plaintiff C. holding that the plaintiff had established an entitlement to relief on the merits of the claim and was therefore entitled to fees even though it was remanded to the agency for further action D. holding that for the purposes of standing to bring an action to recover on a contract privity is established by proving the defendant was a party to an enforceable contract with either the plaintiff or a party who assigned its cause of action to the plaintiff E. holding the excluded testimony was relevant to whether a signature was that of a deceased party and since a statement regarding the issue was the only testimony that could be given by the witness no offer to prove was necessary because the substance of the evidence was apparent from the context of the question asked

assistant: The best answer is A. holding that where plaintiff had possession of a stock certificate and the signature on the certificates was admitted plaintiff was entitled to recover on it unless the other party established a defect going to the validity of the security ucc 81053c
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: In the course of Employee’s employment with the Company and the performance of Employee’s duties on behalf of the Company Group hereunder, Employee will be provided with, and will have access to, Confidential Information (as defined below). In consideration of Employee’s receipt and access to such Confidential Information and in exchange for other valuable consideration provided hereunder, and as a condition of Employee’s employment, Employee shall comply with this Section 9.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: notwithstanding the abovementioned warranty for physical storage medium specified in section 6.1 above , and to the fullest extent permissible under applicable law , the rovio services are provided to you `` as is , '' with all faults , without warranty of any kind , without performance assurances or guarantees of any kind , and your use is at your sole risk .

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: On the Closing Restatement Effective Date, (i) after giving effect to the consummation of the Transactions and any rights of contribution, the Loan Parties, taken as a whole, are and shall be Solvent and (ii) the Administrative Agent shall have received the Solvency Certificate from the chief financial officer of the Borrower and Holdings.

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 case excerpt and choose the best holding from the options. Case excerpt: abandonment period, American Express’ decision to offer traveler’s checks free of charge would not stand. [Record No. 13, Attach. 2] Since American Express enjoys a property interest in these funds until the presumptive abandonment period begins, it is the length of this period that goes to the heart of American Express’ due process claim. This issue brings the Court to the second prong of the due process analysis: whether shortening the presumed abandonment period violates notions of due process. It is long-settled that a state, through the exercise of its inherent police power, may take custody of abandoned or unclaimed property in the interests of the unknown or at-large owner. See Provident Inst. for Sav. In Town of Boston v. Malone, 221 U.S. 660, 31 S.Ct. 661, 55 L.Ed. 899 (1911) (<HOLDING>). The Plaintiff does not take issue with the Options: A. holding that georgia courts may exercise their inherent power to dismiss cases brought by nonresident aliens B. holding that states may exercise their supervisory power to take custody of bank savings deposits C. holding that a waiter at a local restaurant was not engaged in commerce even though he made bank deposits for defendants D. holding that a commission is a body with special and limited power and it can only exercise the power expressly or impliedly granted to it and any reasonable doubt of existence of any power must be resolved against the exercise thereof E. recognizing the supervisory power of appellate courts

assistant: The best answer is B. holding that states may exercise their supervisory power to take custody of bank savings deposits
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 THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Upon the Execution Date, this Agreement constitutes the entire agreement between the parties hereto and supersedes all prior agreements, if any, understandings and arrangements, oral or written, between the parties hereto with respect to the subject matter hereof; provided, however, that this Agreement shall not supersede the Change in Control Agreement between the Company and the Executive entered into as of April 8, 2016 (the “Change in Control Agreement”). Notwithstanding anything to the contrary contained herein, no payments shall be made (nor benefits provided) under Section 9 of this Agreement in the event that the Executive is entitled to payments or benefits under the Change in Control 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: Landlord's title is and always shall be paramount to the title of Tenant. Nothing herein contained shall empower Tenant to do any act which can, shall or may encumber the title of Landlord. Tenant shall not record this Lease or any memorandum of lease.

assistant: Titles
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: Employee’s health insurance benefits shall cease on November 30th, 2016, subject to Employee’s right to continue his/her health insurance under COBRA. Employee’s participation in all benefits and incidents of employment, including, but not limited to the accrual of bonuses, vacation, and paid time off, ceased as of the Termination Date.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Amendment may be executed by one or more of the parties hereto in any number of separate counterparts, and all of such counterparts taken together shall be deemed to constitute one and the same instrument and shall be enforceable upon the execution of one or more counterparts hereof by each of the parties hereto. In this regard, each of the parties hereto acknowledges that a counterpart of this Amendment containing a set of counterpart execution pages reflecting the execution of each party hereto shall be sufficient to reflect the execution of this Amendment by each necessary party hereto and shall constitute one instrument. Delivery of an executed counterpart of a signature page of this Amendment by telecopy, e-mail, facsimile transmission, electronic mail in “portable document format” (“.pdf”) form or other electronic means intended to preserve the original graphic and pictorial appearance of the item being sent shall be effective as a delivery of a manually executed counterpart of this Amendment.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: if any provision of these terms is held to be illegal , invalid or unenforceable , in whole or in part , under any law , such provision or part thereof shall to that extent be deemed not to form part of these terms but the legality , validity and enforceability of the other provisions in these terms shall not be affected .

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: and monitored by a court clerk or other court personnel,” and that even if a given proceeding is not among those that are routinely recorded, it "shall be recorded at the request of any party or at the request of the presiding justice or judge.” Recording of Trial Court Proceedings, Me. Admin. Order JB-12-1 (as amended by A. 11-13) (effective Nov. 22, 2013). We have not yet applied JB-12-1 to probate proceedings, however, and in any event, it is silent as to a party’s attempt to record her own hearing. Finally, given the remedy set forth in M.R.App. P. 5(d)-(e), of which the mother availed herself in this case, we discern no violation of her right to procedural due process based on her inability to record the hearing herself. See In re Dustin C., 2008 ME 89, ¶¶ 3, 5-7, 952 A.2d 993 (<HOLDING>); In re Amberley D„ 2001 ME 87, ¶ 11, 775 A.2d Options: A. holding that there is no due process right to appellate review B. holding that it is well settled that there is no constitutional right to an appeal C. holding that procedural due process requires adequate notice and a meaningful opportunity to be heard D. holding that the unavailability of appellate review of an order appointing a permanency guardian does not violate due process given the existence of additional procedural safeguards affording notice and an opportunity to be heard as well as the right to petition to terminate the guardianship and stating that there is no constitutional right to appeal in any event E. holding basic elements of due process are notice and a right to be heard

assistant: The best answer is D. holding that the unavailability of appellate review of an order appointing a permanency guardian does not violate due process given the existence of additional procedural safeguards affording notice and an opportunity to be heard as well as the right to petition to terminate the guardianship and stating that there is no constitutional right to appeal in any event
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 Guaranty is a continuing, absolute, unconditional and irrevocable guaranty of all Guaranteed Obligations now or hereafter existing and shall remain in full force and effect until all Guaranteed Obligations and any other amounts payable under this Guaranty are indefeasibly paid in full in cash and the Commitments and the Facilities with respect to the Guaranteed Obligations are terminated. Notwithstanding the foregoing, this Guaranty shall continue in full force and effect or be revived, as the case may be, if any payment by or on behalf of any Borrower or any Guarantor is made, or any of the Creditor Parties exercises its right of setoff, in respect of the Guaranteed Obligations and such payment or the proceeds of such setoff or any part thereof is subsequently invalidated, declared to be fraudulent or preferential, set aside or required (including pursuant to any settlement entered into by any of the Creditor Parties in their discretion) to be repaid to a trustee, receiver or any other party, in connection with any proceeding under any Debtor Relief Laws or otherwise, all as if such payment had not been made or such setoff had not occurred and whether or not the Creditor Parties are in possession of or have released this Guaranty and regardless of any prior revocation, rescission, termination or reduction. The obligations of the Guarantors under this paragraph shall survive termination of this Guaranty.

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: (allowing testimony of an informant whose receipt of a reward was made contingent upon the “final results” of his undercover work); United States v. Jett, 491 F.2d 1078, 1081 (1st Cir.1974) (stating that payment of an informant based on the value of services rendered is a permissible contingent arrangement); Heard v. United States, 414 F.2d 884, 886-87 (5th Cir.1969) (approving admission of the testimony of an informant who was a convicted felon and had been paid for results rather than information); Williams v. State, 463 So.2d 1064,1069 (Miss.1985) (acknowledging some merit in the Glosson result, but nevertheless concluding that “we would be remiss in our duties were we to bar the testimony of contingency fee informants”); State v. Salenos, 112 N.M. 268, 814 P.2d 136 (N.M.App.1991) (<HOLDING>). See generally Annotation, Contingent Fee Options: A. holding that the bias streamlining procedure does not violate an aliens due process rights B. holding that negligent inaction by a jail officer does not violate due process C. holding that a contingency fee agreement with a confidential informant does not violate due process D. holding that the defendant bears the burden of proof and that such a disposition does not violate the due process clause E. holding that doctrine does not violate due process

assistant: The best answer is C. holding that a contingency fee agreement with a confidential informant does not violate due process
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Tenant shall procure and maintain, at all times and at its expense, in a form and with an insurance company acceptable to Landlord, Commercial General Liability Insurance for the Premises. Such coverage shall (a) have a single limit of not less than $2,000,000.00 for each occurrence (or such greater amount over time so as to be commercially reasonable) and shall provide for a deductible of not more than $5,000.00, (b) cover Tenant’s contractual liability hereunder, (c) cover Tenant and Landlord for liability arising out of work performed by any third parties for Tenant in or about the Premises, (d) name the Landlord Entities as additional insureds, and (e) be considered primary and noncontributory, regardless of any insurance carried by Landlord. Any property insurance maintained by Tenant on its furniture, fixtures, equipment and personal property shall include a waiver of subrogation in favor of Landlord. Tenant shall deliver certificates of insurance evidencing the insurance required hereinabove to Landlord simultaneously with the execution of this Lease by Tenant, which certificates shall reflect that the policies shall not be canceled without at least thirty (30) days prior notice to Landlord. If Tenant fails to obtain the necessary coverages, Landlord may do so at Tenant’s expense and the same shall constitute additional rental. All insurance certificates should be delivered to Landlord’s Risk Management Department, Three Commercial Place, Norfolk, Virginia 23510, simultaneously with the execution of this Lease by Tenant. The minimum limits of insurance provided for hereunder are not intended to be a limitation on the liability of Tenant hereunder and shall not waive Landlord’s right to seek a full recovery from Tenant.

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: This Non-Compete Agreement shall be governed by and construed under the laws of the State of Ohio, without regard to the choice of law provisions thereof. If the Non-Compete Agreement is held unenforceable to any extent in any jurisdiction, such holding will not impair the enforceability of the Non-Compete Agreement in any other jurisdiction.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Schedule 5.18 lists all insurance policies of any nature maintained, as of the Closing Date, for current occurrences by each Credit Party, as well as a summary of the key business terms of each such policy such as deductibles, coverage limits and term of policy.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: (D.C.Cir.), cert. denied, 506 U.S. 932, 113 S.Ct. 362, 121 L.Ed.2d 275 (1992). Had the defendant not been convicted under § 924(c), the District Court would have had the discretion to increase his drug trafficking offense level for firearm possession. However, since he was in fact convicted under § 924(c), it did not have such discretion. As such, defendant’s sentences for his drug offenses and using or carrying a firearm were interdependent. Because defendant’s sentences for conspiracy and attempt to possess with intent to distribute methamphetamine and using or carrying a firearm were interdependent, we find it appropriate and within our power to vacate defendant’s sentence and remand to the District Court for resentencing. See United States v. Lang, 81 F.3d 955, 963 (10th Cir.1996) (<HOLDING>); United States v. Fennell, 77 F.3d 510, 510-11 Options: A. holding that appellate courts determine the sufficiency of the evidence to support a conviction based on a review of all of the evidence admitted at trial B. holding that a sufficiency challenge must be preserved in the trial court in a parental termination case to be reviewed on appeal C. holding that when a defendants conviction under 924c has been reversed on sufficiency of the evidence grounds on appeal the case must be remanded for resentencing to determine the applicability of the ussg 2dllbl enhancement D. holding that when a defendants sentence has been set aside on appeal a trial court at resentencing may consider evidence of the defendants postsentencing rehabilitation E. holding that remand for resentencing is appropriate when sentence for reversed conviction appears to have influenced trial courts sentence for the affirmed conviction

assistant: The best answer is C. holding that when a defendants conviction under 924c has been reversed on sufficiency of the evidence grounds on appeal the case must be remanded for resentencing to determine the applicability of the ussg 2dllbl enhancement
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: test should be a subjective one, from the standpoint of the insured, and not an objective one asking whether the insured should have expected the resulting damage”) (quotation omitted); Farmers & Mechs. Mut. Ins. Co. of W. Va. v. Cook, 557 S.E.2d 801, 807 (W.Va. 2001) (“under the intentional [injury] exclusion, courts generally look to the subjective intent of the policyholder”). ¶ 18. In reaching this conclusion, courts have generally relied on the plain language of the standard exclusionary clause which, as here, typically bars coverage of an injury intended or expected by the insured rather than by a reasonable person in the position of the insured, together with the general principle that exclusions must be construed in favor of coverage. See, e.g., Walukiewicz, 966 A.2d at 680-81 (<HOLDING>); Brown, 814 S.W.2d at 279 (noting that the Options: A. holding that the standard policy exclusion of injuries expected or intended by the insured refers only to bodily injury that the insured in fact subjectively wanted intended to be a result of his conduct or in fact subjectively foresaw as practically certain expected to be a result of his conduct B. holding that where policies exclude coverage for injuries that are intended or expected the exclusion is applicable if the insured acts with the intent or expectation that bodily injury will result even though the bodily injury that does result is different either in character or magnitude from the injury that was intended C. holding that the inclusion of the phrase by the insured indicates that its application is triggered when the insured subjectively expects or intends that bodily injury will occur and not merely when an ordinary reasonable person would be able to foresee injury occurring as a result of his acts D. holding as unambiguous under iowa law the insurance policys exclusion of coverage to any obligation of the insured to indemnify another because of damages arising out of a bodily injury to any employee of the insured arising out of and in the course of his employment by the insured E. holding that the exclusion is triggered when the insured subjectively expects or intends that bodily injury will occur

assistant: The best answer is C. holding that the inclusion of the phrase by the insured indicates that its application is triggered when the insured subjectively expects or intends that bodily injury will occur and not merely when an ordinary reasonable person would be able to foresee injury occurring as a result of his acts
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 Borrower shall not enter into any arrangement, directly or indirectly, whereby it shall sell or transfer any property, real or personal, used or useful in its business, whether now owned or hereafter acquired (other than any Non-Core Collateral), and thereafter rent or lease such property or other property that it intends to use for substantially the same purpose or purposes as the property sold or transferred.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The proceeds of the Term Loans made on the Effective Date and the Delayed Draw Term Loans shall be used (i) for general working capital purposes of the Borrower, (ii) to support the operations of Grupo Finmart on the terms and conditions set forth herein, (iii) to finance Permitted Acquisitions and make Permitted Investments and permitted Restricted Payments, on the terms and conditions set forth herein and (iv) to pay fees and expenses related to the foregoing and to this Agreement and the transactions contemplated hereby.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the Company, and the Company shall be obligated to require any successor to expressly acknowledge and assume its obligations under this Agreement. This Agreement shall inure to the extent provided under this Agreement to the benefit of and be enforceable by the Executive or the Executive's legal representatives, executors, administrators, successors, heirs, distributees, devisees and legatees. The Executive may not delegate any of the Executive's duties, responsibilities, obligations or positions under this Agreement to any person and any such purported delegation shall be void and of no force and effect.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: (1st Cir.1978); see also Coventry Sewage As-socs., 71 F.3d at 5 (cautioning that “ ‘the fact that the complaint discloses the existence of a valid defense to the claim’ ” does not affect the amount-in-controversy analysis) (quoting St. Paul Mercury Indem. Co. v. Red Cab Co., 303 U.S. 283, 290, 58 S.Ct. 586, 82 L.Ed. 845 (1938)). One of Evans’s potential theories of recovery at the time she filed suit was that the defendants caused her to contract Hepatitis A. According to the complaint, the disease can produce up to six months’ worth of headaches, nausea, and abdominal pain, as well as permanent damage to the liver. The defendants argue that damages for these symptoms alone would more likely than not exceed $75,000. See Duchesne v. Am. Airlines, Inc., 758 F.2d 27, 28-30 (1st Cir.1985) (<HOLDING>). Evans also seeks compensation for the “fear Options: A. holding that jury should decide whether plaintiffs testimony proved reasonable and necessary medical expenses B. holding that medical expenses must be proven to be both reasonable and necessary C. holding that an award for medical expenses is proper when the expenses have been incurred but not paid D. holding that debtors have the burden of proving that other necessary expenses on form b22c are actual reasonable and necessary expenses and that these expenses should be considered in light of schedule j and other relevant evidence E. holding that ten months of dizziness and headaches supported claim in excess of 10000 in 1984 dollars despite negligible medical expenses

assistant: The best answer is E. holding that ten months of dizziness and headaches supported claim in excess of 10000 in 1984 dollars despite negligible medical expenses
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Plaintiff has not made any such showing here, Plaintiff also seeks to invoke this Court’s jurisdiction under 42 U.S.C. § 1983. Compl. 3. However, this Court lacks jurisdiction over claims brought under § 1983, as jurisdiction over these claims is vested exclusively in the district courts. 28 U.S.C. § 1343 (2012); see also Clemmons v. United States, 283 Fed.Appx, 786, 787 (Fed. Cir. 2008); Buck v. United States, No. 11-209C, 2011 WL 2633624, at *3 (Fed. Cl. July 6, 2011). Plaintiff also alleges a violation of section 4 of the Fourteenth • Amendment, which addresses the validity of the public debt. Compl. 6. This Court does not have jurisdiction to hear claims under the Fourteenth Amendment, as it is not money-mandating. LeBlanc v. United States, 50 F.8d 1025, 1028 (Fed. Cir. 1995) (<HOLDING>); see also Schirripa v. United States, No. Options: A. holding that the court of federal claims had jurisdiction to decide an alleged due process violation related to his claim for damages under a moneymandating statute B. holding that the fourteenth amendment only applies to state action C. holding that violations of the fourteenth amendment are insufficient bases for jurisdiction in this court as it is not moneymandating D. holding that the court lacks jurisdiction over sixth amendment claims because the sixth amendment is not moneymandating E. holding that bankruptcy jurisdiction is not within section 5 of the fourteenth amendment

assistant: The best answer is C. holding that violations of the fourteenth amendment are insufficient bases for jurisdiction in this court as it is not moneymandating
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 provision of this Note may be amended only with the written consent of Maker and the Holder. Any amendment effected in accordance with this Section 4 shall be binding upon Maker and the Holder and their permitted assigns and successors.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: business contacts’ with the forum state.” Id. (quoting Woods v. Nova Cos. Belize Ltd., 739 So.2d 617 (Fla. 4th DCA 1999)). Mr. Miller alleges that while he was a resident of Florida he obtained information regarding catamaran sailboats on TMC’s internet website and exchanged e-mails with Mr. Berman with regard to purchasing a sailboat. However, these allegations are insufficient to bring the action within the ambit of the statute relating to general jurisdiction because Defendants did not engage in activity within the state of Florida. TMC merely posts a passive website that allows Internet users to e-mail representatives of the company. Defendants do not solicit Florida residents or engage in business with Florida residents over the Internet. Cf. Obermaier, 208 F.Supp.2d at 1291 (<HOLDING>) (emphasis added). It is evident that Options: A. holding that general jurisdiction existed where defendant directed significant advertisement towards residents of florida targeting the populous florida market solicited donations from floridians and had ongoing relationship with several florida animal aid organization including arrangements under which it regularly transferred animals to them for adoption in florida B. holding that texasbased organization was subject to specific personal jurisdiction in florida even though it did not maintain office or have any employees or agents in florida on a regular basis personal jurisdiction was ultimately exerted because organization solicited contributions from florida residents using local television stations and internet websites C. holding defendant had requisite contacts under section 481932 florida statutes where it solicited consulting and other services from a florida corporation in which a substantial amount of the services sought by defendant were performed in florida D. holding new york could lawfully modify a florida custody decree because florida court had right under florida law to change the decree E. holding that texasbased organization was subject to general jurisdiction in florida because it solicited contributions from florida residents using internet websites

assistant: The best answer is E. holding that texasbased organization was subject to general jurisdiction in florida because it solicited contributions from florida residents using internet websites
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: assumption that all the allega tions in the complaint are true (even if doubtful in fact).” Id. at 1965 (citations omitted). However, “[a]sking for plausible grounds to infer [a violation of the securities laws] does not impose a probability requirement at the pleading stage; it simply calls for enough fact to raise a reasonable expectation that discovery will reveal evidence of [the violation].” Id. at 1969. When considering a motion to dismiss, the “court must limit itself to facts stated in the complaint or in documents attached to the complaint as exhibits or incorporated in the complaint by reference.” Kramer v. Time Warner Inc., 937 F.2d 767, 773 (2d Cir.1991); see also San Leandro Emergency Med. Group Profit Sharing Plan v. Philip Morris Cos., 75 F.3d 801, 808-09 (2d Cir.1996) (<HOLDING>). In addition, “[o]n a motion to dismiss a Options: A. holding that documents integral to the complaint are properly considered on a motion to dismiss B. holding that although a district court may not consider matters extraneous to the pleadings a document integral to or explicitly relied upon in the complaint may be considered without converting the motion to dismiss in one for summary judgment C. holding that it was appropriate for the district court to refer to the documents attached to the motion to dismiss since the documents were referred to in the complaint D. holding that where a complaint makes express reference to attachments that are central to the plaintiffs claims those documents may be considered on a motion to dismiss without converting it into a motion for summary judgment E. holding that 1 the complaint is deemed to include any documents incorporated in it by reference and any document upon which it solely relies and which is integral to the complaint and that the court may consider such documents on a motion to dismiss pursuant to fedrcivp 12b6

assistant: The best answer is A. holding that documents integral to the complaint are properly considered on a motion to dismiss
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: proteetible elements.”) (alteration in original). The second requirement, that there be a substantial similarity between the proteetible elements of the two works, is more troublesome. In considering substantial similarity between two items, a court must ask whether “an average lay observer would ... recognize the alleged copy as having been appropriated from the copyrighted work.” Folio Impressions, Inc. v. Byer Cal., 937 F.2d 759, 766 (2d Cir.1991). Because the street locations, landmass, bodies of water and landmarks depicted in a map are physical facts, the only material in a map capable of copyright protection — and thus demanding comparison — is original material. Cf. Feist Publications, Inc. v. Rural Tel. Serv. Co., 499 U.S. 340, 350-51, 111 S.Ct. 1282, 113 L.Ed.2d 358 (1991) (<HOLDING>). Understanding this distinction between the Options: A. holding that a compilation of facts is not capable of copyright protection unless it demonstrates sufficient originality B. holding that miscitation or omission of a statutory provision is not a basis for reversal unless the defendant demonstrates prejudice C. holding that it is not D. holding that a bankruptcy order is not final unless it 1 E. holding that the burden is on the plaintiff to allege facts sufficient to establish jurisdiction

assistant: The best answer is A. holding that a compilation of facts is not capable of copyright protection unless it demonstrates sufficient originality
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 will cooperate with Lender and the Rating Agencies, at no out-of-pocket cost to Borrower, in furnishing such information and providing such other assistance, reports and legal opinions as Lender may reasonably request in connection with any such transaction. In addition, Borrower acknowledges that Lender may release or disclose to potential purchasers or transferees of the Loan, or potential participants in the Loan, originals or copies of the Loan Documents, the Guaranty, if any, the Environmental Indemnity, title information, engineering reports, financial statements, operating statements, appraisals, Leases, rent rolls, and all other materials, documents and information in Lender’s possession or which Lender is entitled to receive under the Loan Documents, the Guaranty, if any, and the Environmental Indemnity with respect to the Loan, Borrower, any Liable Party or the Property. Borrower shall also furnish to such Investors or such prospective Investors or such Rating Agency any and all information concerning the Property, the Leases, the financial condition of Borrower or any Liable Party as may be requested by Lender, any Investor or any prospective Investor or any Rating Agency in connection with any sale, transfer or participation interest, including, without limitation, an estoppel certificate and/or other documents as Lender may reasonably request.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Services, L.P., LaSalle Pipeline, LP, and the Texas Pipeline Association submitted briefs as amici curiae in support of the petition for review. 4 . See also City of San Antonio v. Pollock, 284 S.W.3d 809, 816 (Tex.2009) ("Bare, baseless opinions will not support a judgment even if there is no objection to their admission in evidence/'). 5 . See, e.g., Black’s Law Dictionary 1529 (9th ed.2009) (defining "speculation” as "[t]he act or practice of theorizing about matters over which there is no certain knowledge”); Marathon Corp. v. Pitzner, 106 S.W.3d 724, 727 (Tex.2003) (per curiam) (noting that causation finding cannot be supported by "mere conjecture, guess, or speculation”). 6 . See Reid Rd. Mun. Util. Dist. No. 2 v. Speedy Stop Food Stores, Ltd., 337 S.W.3d 846, 851-52 (Tex.2011) (<HOLDING>); see generally Julius L. Sackman et al„ 5 Options: A. holding that a witness who will be giving opinion evidence about a propertys fair market value must be disclosed and designated as an expert pursuant to discovery and other applicable rules B. holding rule applicable to witness C. holding that rules of evidence do not permit an expert to give opinion or state legal conclusions regarding a question of law D. holding that the presence in the courtroom of an expert witness who does not testify to the facts of the case but rather gives his opinion based upon the testimony of others hardly seems suspect and will in most cases be beneficial for he will be more likely to base his expert opinion on a more accurate understanding of the testimony as it evolves before the jury E. holding that where a treating doctor is called to give an expert opinion on the standard of care that doctor is properly labeled an expert witness and must be disclosed to the other party along with other experts

assistant: The best answer is A. holding that a witness who will be giving opinion evidence about a propertys fair market value must be disclosed and designated as an expert pursuant to discovery and other applicable rules
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: Grantor hereby absolutely grants and assigns to Beneficiary the Leases and Rents. Nevertheless, subject to the terms of this Section 5.1 , Beneficiary grants to Grantor a revocable license to operate and manage the Leases and Rents and to collect the Rents. Upon the occurrence and during the continuance of an Event of Default, without need for notice or demand to Grantor , the license granted to Grantor herein shall automatically be revoked, and Beneficiary shall immediately be entitled to possession of all Leases and Rents, whether or not Beneficiary enters upon or takes control of the Leases and Rents. Additionally, upon the occurrence and during the continuance of an Event of Default, Beneficiary shall be entitled to: (a) notify any person that the Leases have been assigned to Beneficiary and that all Rents are to be paid directly to Beneficiary , whether or not Beneficiary has commenced or completed foreclosure or taken possession of the Trust Estate ; (b) settle, compromise, release, extend the time of payment of, and make allowances, adjustments and discounts of any Rents or other obligations under the Leases; (c) enforce payment of Rents and other rights under the Leases, prosecute any action or proceeding, and defend against any claim with respect to Rents and Leases; (d) enter upon, take possession of and operate the Trust Estate ; (e) lease all or any part of the Trust Estate ; and/or (f) perform any and all obligations of Grantor under the Leases and exercise any and all rights of Grantor therein contained to the full extent of Grantor ’s rights and obligations thereunder, with or without the bringing of any action or the appointment of a receiver. Grantor hereby irrevocably authorizes and directs each tenant under any Lease to rely upon any written notice of the existence of an Event of Default sent by Beneficiary to any such tenant, and thereafter to pay Rents to Beneficiary , without any obligation or right to inquire as to whether an Event of Default actually exists and even if some notice to the contrary is received from Grantor , who shall have no right or claim against any such tenant for any such Rents so paid to Beneficiary .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as specifically stated otherwise herein, this Agreement and the other Transaction Documents set forth the entire understanding of the parties relating to the subject matter hereof, and all prior understandings, written or oral, are superseded by this Agreement. This Agreement may not be modified, amended, waived or supplemented except as provided herein.

assistant: Integration