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: necessary — for Congress to stipulate time frames in which amnesty-like provisions, such as the exception for family-smugglers, apply. See generally Mathews, 426 U.S. 67, 96 S.Ct. 1883, 48 L.Ed.2d 478. It is also not wholly irrational for Congress to distinguish between aliens based on their family connection to legalized United States residents, in furtherance of a general amnesty scheme. B. International Law Claims Mr. Ayala-Caballero also asserts that, in making its determination the BIA failed sufficiently to consider the best interest of his citizen children. Citing a district court case for support, Ayala-Caballero asserts that this failure contravenes customary international law principles as incorporated in federal law. See Beharry v. Reno, 183 F.Supp.2d 584 (E.D.N.Y.2002) (<HOLDING>). This court’s recent decision in Options: A. holding that federal common law is the law that would govern in the absence of the warsaw convention B. holding that article 3 of the united nations convention on the rights of the child has attained the status of customary international law and is therefore incorporated in federal law C. holding that the rights and duties of the united states on commercial paper which it issues are governed by federal law and that in the absence of an applicable act of congress it is for the federal courts to fashion the governing rule of law according to their own standards D. holding that atca establishes cause of action for violations of international law but requiring the district court to perform a traditional choiceoflaw analysis to determine whether international law law of forum state or law of state where events occurred should provide substantive law in such an action E. holding that trial court did not err in basing decision on local customary law rather than common law

assistant: The best answer is B. holding that article 3 of the united nations convention on the rights of the child has attained the status of customary international law and is therefore incorporated in federal law
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 either case, the Party not initiating an Infringement Action (the “Non-Initiating Party” ) will provid e reasonable cooperation to the Party initiating such Infringement Action (the “Initiating Party” ) in connection therewith, including by promptly supplying or executing all papers and instruments, or requiring its employees to supply or execute such papers and instruments, as may be necessary for purposes of initiating and pursuing such Infringement Action. Neither Party will incur any liability to the other Party as a consequence of any such Infringement Action or any unfavorable decision resulting therefr om, including any decision holding any claim of the Janssen Patents or the Joint Patents invalid, not infringed or unenforceable. Neither Party will take any position with respect to, or compromise or settle, such dispute in any way that will be reasonabl y likely to adversely affect the scope, validity or enforceability of the Janssen Patents or the Joint Patents, in each case, without the prior written consent of the other Party, not to be unreasonably withheld or delayed.

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 legal provision and list the applicable contract clause categories. Provision: This Agreement, the employment relationship contemplated herein and any claim arising from such relationship, whether or not arising under this Agreement, shall be governed by and construed in accordance with the internal laws of the State of South Carolina, without regard to conflict of law principles.

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: Guarantor agrees that, as between Guarantor and Buyer, the obligations of Seller under the Repurchase Agreement may be declared to be forthwith due and payable as provided therein (and shall be deemed to have become automatically due and payable pursuant thereto) for purposes of Section 2 hereof, notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against Seller and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by Seller) shall forthwith become due and payable by Guarantor.

assistant: Remedies
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 embodies the entire agreement of the Parties respecting the subject matter hereof. There are no promises, terms, conditions or obligations other than those contained in this Agreement. This document supersedes all previous communications, representations or agreements, either verbal or written, between the Parties related to the subject matter hereof.

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: THIS AGREEMENT SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK, WITHOUT GIVING EFFECT TO THE CONFLICTS OF LAWS PRINCIPLES THEREOF, BUT INCLUDING SECTION 5-1401 OF THE NEW YORK GENERAL OBLIGATIONS LAW, AND TO THE EXTENT APPLICABLE, THE BANKRUPTCY CODE.

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: Each of the Lenders hereby irrevocably appoints Bank of America to act on its behalf as the Administrative Agent hereunder and under the other Loan Documents and authorizes the Administrative Agent to take such actions on its behalf and to exercise such powers as are delegated to the Administrative Agent by the terms hereof or thereof, together with such actions and powers as are reasonably incidental thereto. The provisions of this Article are solely for the benefit of the Administrative Agent and the Lenders, and the Borrower s shall not have rights as a third party beneficiar y ies of any of such provisions. It is understood and agreed that the use of the term “agent” herein or in any other Loan Documents (or any other similar term) with reference to the Administrative Agent is not intended to connote any fiduciary or other implied (or express) obligations arising under agency doctrine of any applicable law. Instead such term is used as a matter of market custom, and is intended to create or reflect only an administrative relationship between contracting parties.

assistant: Authority
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: 2d DCA 2012) (<HOLDING>); Am. Express Ins. Servs. Eur. Ltd. v. Duvall, Options: A. holding that personal jurisdiction is not required to make an outofstate parent a party to custody action where the state court has subject matter jurisdiction under the uniform child custody jurisdiction act B. holding that evidence of outofstate defendants indirect ownership interests in the nursing homes operating and management companies insufficient to establish personal jurisdiction in florida C. holding that no acts by the outofstate defendant would place her within the florida longarm statute in entering into a contract with a florida resident for an office to be run in mississippi D. holding that outofstate defendants who furnished intangibles and services in west virginia and ohio and entered into agreement in which a florida corporation served as financier and supervisor of enterprises business aspects did not submit themselves to florida jurisdiction E. holding that defendants bank account and open line of credit in florida utilized to transfer money in international commerce was insufficient to confer jurisdiction under section 481932 florida statutes where defendant operated its business in honduras had no employees or agents in florida and did not advertise or solicit business in florida

assistant: The best answer is B. holding that evidence of outofstate defendants indirect ownership interests in the nursing homes operating and management companies insufficient to establish personal jurisdiction in florida
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: over nonfederal claims “that are so related to [the federal] claims in the action * * ⅜ that they form part of the same case or controversy.” 28 U.S.C. § 1367(a). A federal court may decline to exercise supplemental jurisdiction over state claims if it “has dismissed all claims over which it has original jurisdiction.” 28 U.S.C. § 1367(c)(3). The period of limitations for any claim asserted under subsection (a) * * * shall be tolled while the claim is pending and for a period of 30 days after it is dismissed unless State law provides for a longer tolling period. 28 U.S meier no fiduciary duties with regard to the venture capital partnerships because neither IAI nor IAICMC was a partner in those partnerships. See Universal Lending Corp. v. Wirth Cos., 392 N.W.2d 322, 326 (Minn.App.1986) (<HOLDING>). Moreover, the district court recognized that Options: A. holding the government liable to plaintiffs for breach of contract B. holding partner owes fiduciary duty in dealings effecting the winding up of the partnership and the proper preservation of partnership assets during that time C. holding party in breach could not maintain suit for breach of contract D. holding only a party to the partnership agreement can breach it and be liable for a breach of fiduciary duty relating to partnership obligations E. holding that claim of breach of fiduciary duty can be resolved under connecticut law

assistant: The best answer is D. holding only a party to the partnership agreement can breach it and be liable for a breach of fiduciary duty relating to partnership obligations
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 actual knowledge of the Borrower, each Credit Party owns, or is licensed to use, all patents and other intellectual property material to its business, and the use thereof by such Credit Party does not infringe upon the rights of any other Person, except for any such infringements that, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect. To the actual knowledge of the Borrower, there are no material slogans or other advertising devices, projects, processes, methods, substances, parts or components, or other material now employed, or now contemplated to be employed, by any Credit Party with respect to the operation of any Mortgaged Property with the Lenders acknowledging that each Mortgaged Property will be operated under the “SmartStop Self Storage” brand and marketing program and will utilize the manager’s processes” and “methods”, and no claim or litigation regarding any slogan or advertising device, project, process, method, substance, part or component or other material employed, or now contemplated to be employed by any Credit Party, is pending or threatened, the outcome of which could reasonably be expected to have a Material Adverse Effect.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: argument is refuted by the contract’s plain terms. Vicari’s attempt to support its reading of the contract with the deposition testimony of two engineers — Kerwin Julien, the geotechnical engineer retained by Citywide to collect and analyze the settlement plate data, and its own expert engineer, Ralph Junius — is also unavailing. Vicari’s suggestion that experts in the field would have understood the contract to mean that Vicari was only required to reach a certain rate of compaction is not supported. It is well-recognized that trade usage and custom may be relied upon to find the proper meaning of a contract when the contract terms themselves are ambiguous. Moore v. United States, 196 U.S. 157, 166, 40 Ct.Cl. 513, 25 S.Ct. 202, 49 L.Ed. 428 (1905); Haehn Mgmt., 15 Cl.Ct. at 59 (<HOLDING>). However, the court may not rely on trade Options: A. holding that there can be no implied contractual term at variance with an express term of a contract B. holding that an undefined statutory term should be given its natural ordinary meaning C. recognizing that although the term good cause is undefined it is at least as demanding as the excusable neglect standard D. holding that trade usage and custom can be applied to an undefined contract term E. holding the term lewdness undefined in the iowa abatement statute to be vague

assistant: The best answer is D. holding that trade usage and custom can be applied to an undefined contract term
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Schedule 4.20 lists all insurance policies (by policy number, insurer, coverage period, coverage amount, annual premium and type of policy) held by the Purchaser relating to the Purchaser or its business, properties, assets, directors, officers and employees, copies of which have been provided to the Company. All premiums due and payable under all such insurance policies have been timely paid and the Purchaser is otherwise in material compliance with the terms of such insurance policies. All such insurance policies are in full force and effect, and to the Knowledge of the Purchaser, there is no threatened termination of, or material premium increase with respect to, any of such insurance policies. There have been no insurance claims made by the Purchaser. The Purchaser has each reported to its insurers all claims and pending circumstances that would reasonably be expected to result in a claim, except where such failure to report such a claim would not be reasonably likely to have a Material Adverse Effect on the Purchaser.

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: The Grantee shall forfeit all of his rights and interest in the Preferred Stock if the Grantee is terminated for cause, as defined in 2 above. In the event the Grantee’s employment is terminated for any other reason, the Preferred Stock will continue to vest in accordance with Section 2 and/or Section 3 of this Agreement.

assistant: Forfeitures
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 Release Date, the Mortgagee shall forthwith cause satisfaction and discharge of this Mortgage to be entered upon the record at the expense of the Mortgagor and shall execute and deliver or cause to be executed and delivered such instruments of satisfaction and reassignment as may be reasonably necessary or desirable for the release of the Liens created hereby on the Mortgaged Property.

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 legal provision and list the applicable contract clause categories. Provision: To the best of its knowledge, 12RT has complied with all applicable statutes and regulations, except to the extent that noncompliance would not materially and adversely affect the business, operations, properties, assets, or condition of 12RT or except to the extent that noncompliance would not result in the occurrence of any material liability for 12RT. This compliance includes, but is not limited to, the filing of all reports to date with relevant authorities.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Any Restricted Shares subject to the Award that are not vested as of the date of Participant’s Termination of Service shall thereupon be forfeited immediately and without any further action by the Company.

assistant: Forfeitures
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 SARs are not transferable (either voluntarily or involuntarily), other than pursuant to a domestic relations order or, if permitted by the Committee, otherwise to Family Members, subject to such terms and conditions as the Committee may impose. Employee may designate a beneficiary or beneficiaries (the “Beneficiary”) to whom the SARs will pass upon Employee’s death and may change such designation from time to time by filing a written designation of Beneficiary on such form as may be prescribed by the Company; provided that no such designation shall be effective until filed with the Company. Employee may change his Beneficiary without the consent of any prior Beneficiary by filing a new designation with the Company; provided that no such designation shall be effective prior to receipt by the Company. Following Employee’s death, the SARs will pass to the designated Beneficiary and such person will be deemed Employee for purposes of any applicable provisions of this Agreement. If no such designation is made or if the designated Beneficiary does not survive Employee’s death, the SARs shall pass by will or, if none, then by the laws of descent and distribution.

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: rt in the past has quite broadly construed Article 66(c), UCMJ, to provide to a Court of Criminal Appeals an essentially unreviewable “carte blanche to do justice” for a military accused. See United States v. Claxton, 32 MJ 159, 162 (CMA 1991). In Claxton, this Court approved the service appellate court's decision to ignore the law of waiver in order to grant sentencing relief to an accused for an unobjeeted to ss as a means for a subordinate court to evade or avoid unpopular legal precedent of this Court. See United States v. Sills, 56 MJ 239 (2002). This is neither the letter nor the spirit of Article 66(c), UCMJ, nor is it what the Supreme Court meant by the “power to determine sentence appropriateness.” See Jackson v. Taylor, 353 U.S. 569, 576, 77 S.Ct. 1027, 1 L.Ed.2d 1045 (1957) (<HOLDING>); see also United States v. Healy, 26 MJ 394, Options: A. holding that a court may not change the term of sentence by subsequent amendment after the sentence becomes final B. holding that lack of appellate jurisdiction is fundamental error C. holding that under federal rule of appellate procedure 52b plain error in a jury charge may be considered by an appellate court although it was not brought to the attention of the trial court D. holding article 66c permits reassessment of sentence by service appellate court after legal error found E. recognizing that the findings of the circuit court on factual issues arising on a motion to quash service of process for lack of jurisdiction are binding on the appellate court unless wholly unsupported by the evidence or controlled by error of law

assistant: The best answer is D. holding article 66c permits reassessment of sentence by service appellate court after legal error found
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: sequence. A rule opening the door to marginal plaintiffs after settlement would virtually force defendants not to settle until all possible complainants were brought into the action or until the statute of limitations had run. Such behavior would clearly make it more difficult to prosecute antitrust violations and “undermine[] the effectiveness of treble-damages suits.” Associated General, 459 U.S. at 545, 103 S.Ct. at 912. Besides, allowance of the present suit would unequivocally expose defendants to the risk of multiple liability,' an alternative the Court has emphatically rejected. Illinois Brick, 431 U.S. at 730-31, 97 S.Ct. at 2066-67 (citing Hawaii v. Standard Oil Co., 405 U.S. 251, 264, 92 S.Ct. 885, 892, 31 L.Ed.2d 184 (1972)). See also id. at 731 n. 11, 97 S.Ct. at 2067 n. 11 (<HOLDING>). The controlling factors under Associated Options: A. recognizing that risk of multiple liability is particularly great where some parties settle B. holding parties to an exculpatory clause where the parties intent is clear C. recognizing that injury is a prerequisite to liability D. recognizing that comity is particularly important in context of foreign bankruptcy proceedings E. holding that some evidence of individualized risk is necessary to establish the sufficient likelihood of future persecution

assistant: The best answer is A. recognizing that risk of multiple liability is particularly great where some parties settle
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 Company and its successors and assigns, and upon any person acquiring, whether by merger, consolidation, purchase of assets or otherwise, all or substantially all of the Company’s assets and business. If any benefits deliverable to Executive under this Agreement have not been delivered at the time of Executive’s death, such benefits shall be delivered to the beneficiary or beneficiaries designated by Executive in a writing filed with the Company in such form and at such time as the Company shall require. If Executive fails to designate a beneficiary, or if the designated beneficiary does not survive Executive, any benefits distributable to Executive shall be distributed to the legal representative of the estate of Executive.

assistant: Successors
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: if in the same or related proceedings — is improper and a violation of the hearsay rule. See, e.g., Williams v. Wraxall, 33 Cal. App. 4th 120, 130 n.7, 39 Cal. Rptr. 2d 658, 663 n.7 (“We ... cannot take judicial notice of the truth of hearsay statements in decisions or court files, including pleadings, affidavits, testimony, or statements of fact.” (Emphasis added.)), modified on other grounds, 34 Cal. App. 4th 199b, 1995 Cal. App. LEXIS 458 (1995); In re Zemple, 489 N.W.2d 818, 820 (Minn. Ct. App. 1992) (“Appellant also claims that the trial court erred when it took judicial notice of testimony given at the domestic abuse proceeding. We agree. . . . The testimony given by appellant’s father was inadmissible hearsay.”); Chapman v. Chapman, 96 Nev. 290, 293, 607 P.2d 1141, 1143 (1980) (<HOLDING>); May v. May, 829 S.W.2d 373, 376 (Tex. Ct. Options: A. holding in termination of parental rights case that trial court erred in taking judicial notice of evidence before him in guardianship hearing in same case B. holding that the same hearing officer as in this case erred in substituting his judgment for that of the pertinent school board in that case C. holding that trial court erred in granting petition for termination of parental rights based on noncompliance with case plan when case plan was not filed and approved by the court until seven months after petition for termination was filed D. holding that a sufficiency challenge must be preserved in the trial court in a parental termination case to be reviewed on appeal E. recognizing this substantial interest in context of termination of parental rights

assistant: The best answer is A. holding in termination of parental rights case that trial court erred in taking judicial notice of evidence before him in guardianship hearing in same case
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: in those opinions did not provide consequences for the tribunals’ failure to timely carry out their duties. Finally, the tribunals, not the parties invoking the jurisdiction of the tribunals, caused the delay in the proceedings. The Board must file its application for permission to appeal within ten days from when the Commission files its disposition. Iowa Ct. R. 35.11(2). Here, a party, not the tribunal, caused the delay in proceedings by failing to meet this deadline. The rule states the consequence for failing to file an appeal within the required time is that the Commission’s decision becomes final. Id. r. 35.9. This language clearly evidences intent by this court to make the ten-day filing requirement mandatory, not directory. See Zick v. Haugh, 165 N.W.2d 836, 837 (Iowa 1969) (<HOLDING>). Once the ten-day period for seeking Options: A. holding that a lower court is bound by the decree of the appellate court and can only enter a judgment or decree in strict compliance with the appellate courts mandate B. holding that this time requirement is mandatory and jurisdictional C. holding rule pertaining to time for taking an appeal to supreme court from an order judgment or decree of the lower court is mandatory and jurisdictional D. holding that exhaustion is mandatory and jurisdictional E. holding that tenday time limit to appeal is both mandatory and jurisdictional and an appellate court has no jurisdiction over an untimely filed appeal

assistant: The best answer is C. holding rule pertaining to time for taking an appeal to supreme court from an order judgment or decree of the lower court is mandatory and jurisdictional
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 this statute provides a cause of action to post-abortion health providers as well as to the woman herself for all post-abortion medical expenses incurred as a result of the abortion. 8 . We note that, to a significant extent, Nova's injury was self-inflicted. Although § 1-740 applies only to abortions performed on minors without “parental consent or knowledge,” Nova responded by requiring all minors to obtain in-person parental consent. Under the plain language of § 1-740, a parental knowledge requirement would have avoided prospective civil liability under the statute just as well. It would have also likely reduced Nova's threat of lost patients, at least to some degree. See Ohio v. Akron Ctr. for Reproductive Health, 497 U.S. 502, 511, 110 S.Ct. 2972, 111 L.Ed.2d 405 (1990) (<HOLDING>). "At some point, standing may be denied Options: A. recognizing that consent is an exception to the warrant requirement and that voluntariness of consent depends on the totality of the circumstances B. holding the statutory notification requirement unenforceable C. recognizing that a parental consent requirement is more intrusive than a parental notification requirement D. holding that terry parental unfitness standard is more stringent than the dependency best interests standard E. holding that an xray while more intrusive than a frisk is no more intrusive than a strip search

assistant: The best answer is C. recognizing that a parental consent requirement is more intrusive than a parental notification 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 case excerpt and choose the best holding from the options. Case excerpt: 4871 (emphasis added). Similarly, Senator Harrison A. Williams expressly stated that the congressional intent was for ERISA to codify the principles of traditional trust law: The objectives of these provisions are to make applicable the law of trusts; ... to establish uniform fiduciary standards to prevent transactions which dissipate or endanger plan assets, and to provide effective remedies for breaches of trust. 120 Cong.Rec. S-15737, Aug. 22, 1974, reprinted in 1974 U.S.C.C.A.N. 5177, 5186 (emphasis added). Thus, permitting the set-off in this case would effectuate Congress’s intent, by making available to the Pension Fund a common law remedy utilized in pre-ERISA days by state and federal courts for breaches of trust. See, e.g., In re Watson, 449 N.E.2d 1156 (Ind.Ct.App.1983) (<HOLDING>); In re Van Nostrand’s Will, 177 Misc. 1, 29 Options: A. holding that creditors of a trust beneficiary were prohibited from intervening in an action involving a dispute between the trustee and a beneficiary concerning distribution of the trust corpus B. holding that 1326a2 mandates chapter 13 trustee to return any undistributed funds to debtor after paying attorneys fees C. holding that a trustee properly withheld trust payments owed to a prior trustee who had misappropriated trust funds D. holding that trustees act of conveying entire corpus terminated the trust E. holding that successor trustee properly applied former trustees undistributed income to satisfy prior judgment for improper distribution of trust corpus

assistant: The best answer is E. holding that successor trustee properly applied former trustees undistributed income to satisfy prior judgment for improper distribution of trust corpus
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: You acknowledge that the Company and its subsidiaries and affiliates continually develop Confidential Information, that you may develop Confidential Information for the Company or its subsidiaries and affiliates, and that you may learn of Confidential Information during the course of employment. You agree that all Confidential Information that you create or to which you have access as a result of your employment is and shall remain the sole and exclusive property of the Company, and that you will comply with the policies and procedures of the Company and its subsidiaries and affiliates for protecting Confidential Information. You further agree that, except as required for the proper performance of your duties for the Company or as required by applicable law (and then only to the extent so required), you will not, directly or indirectly, use for your own benefit or gain, or assist others in the application of or disclose any Confidential Information. You understand and agree that these restrictions will continue to apply after your employment terminates, regardless of the reason for termination and regardless of whether you are receiving or are entitled to receive any payments or other benefits under this Agreement.

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 legal provision and list the applicable contract clause categories. Provision: No failure or delay on the part of any Agent, any Issuing Bank or any Lender in the exercise of any power, right or privilege hereunder or under any other Credit Document shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other power, right or privilege. The rights, powers and remedies given to each Agent, each Issuing Bank and each Lender hereby are cumulative and shall be in addition to and independent of all rights, powers and remedies existing by virtue of any statute or rule of law or in any of the other Credit Documents. Any forbearance or failure to exercise, and any delay in exercising, any right, power or remedy hereunder shall not impair any such right, power or remedy or be construed to be a waiver thereof, nor shall it preclude the further exercise of any such right, power or remedy. No notice to or demand on any Credit Party in any case shall entitle any Credit Party to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agent, the Collateral Agent, any Issuing Bank or any Lender to any other or further action in any circumstances without notice or demand.

assistant: No 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: of influencing the grand jury as to any proper matter pertaining to its inquiry or which might have influenced the grand jury or impeded its inquiry.” United States v. Doherty, 906 F.2d 41, 44 (1st Cir.1990); see also United States v. Gaudin, 515 U.S. 506, 509, 115 S.Ct. 2310, 132 L.Ed.2d 444 (1995). To be material, the statement “need not directly concern an element of the crime” being investigated, “nor need it actually influence the jury.” Doherty, 906 F.2d at 44. Because materiality is a mixed question of fact and law for the jury, Gaudin, 515 U.S. at 512-15, 115 S.Ct. 2310, a court may only decide the issue, as a matter of law, when no reasonable juror could find materiality on the evidence presented, cf. In re Stone & Webster, Inc., Sec. Litig., 414 F.3d 187, 209 (1st Cir.2005) (<HOLDING>). On appeal, Silveira contends that the Options: A. holding that a district court may find acquitted conduct by a preponderance of the evidence B. recognizing only that the guidelines must be advisory not that judges may find no facts C. holding that to find negligence jury need not find violation of federal motorcarrier regulation D. holding in a securities fraud action that a court may only find the lack of materiality where a jury could not reasonably find materiality E. holding in securities law context that in cases involving nondisclosure of material facts materiality rather than reliance becomes the decisive element of causation

assistant: The best answer is D. holding in a securities fraud action that a court may only find the lack of materiality where a jury could not reasonably find materiality
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: Borrowers shall pay (a) all reasonable, documented out-of-pocket expenses incurred by any Agent and their respective Affiliates (including the reasonable, documented fees, charges and disbursements of counsel for each Agent) in connection with the syndication of the credit facilities provided for herein, the preparation, negotiation, execution, delivery and administration of this Agreement and the Other Documents (including, without limitation, any expenses incurred by Administrative Agent and Lenders in connection with post-closing matters set forth in Section 6.17) or any amendments, modifications or waivers of the provisions hereof or thereof (whether or not the transactions contemplated hereby or thereby shall be consummated), (b) all reasonable, documented out-of-pocket expenses incurred by Issuer in connection with the issuance, amendment, renewal or extension of any Letter of Credit or any demand for payment thereunder, (c) all reasonable, documented out-of-pocket expenses incurred by any Agent, any Lender or Issuer (including the reasonable, documented fees, charges and disbursements of any counsel for such Agent, such Lender or Issuer), in connection with the enforcement or protection of its rights (i) in connection with this Agreement and the Other Documents, including its rights under this Section, or (ii) in connection with the Advances made or Letters of Credit issued hereunder, including all such out-of-pocket expenses incurred during any workout, restructuring or negotiations in respect of such Advances or Letters of Credit, and (d) all reasonable out-of-pocket expenses of each Agent’s regular employees and agents engaged periodically to perform audits of any Borrower’s or any Borrower’s Affiliate’s or Subsidiary’s books, records and business properties.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: copy , modify , transmit , create any derivative works from , make use of , or reproduce in any way any copyrighted material , images , trademarks , trade names , service marks , or other intellectual property , content or proprietary information accessible through the service without tinder 's prior written consent .

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: See United States v. Roman-Zarate, 115 F.3d 778, 785 (10th Cir.1997) (“If [the defendant] chooses not to divulge names of his drug couriers or contacts because he suspects his colleagues-in-crime may be less than supportive of his decision, he is entitled to remain silent; but, he is no longer entitled to special treatment from the district court [under the safety-valve provision].”); United States v. Montanez, 82 F.3d 520, 523 (1st Cir.1996) (“Defendants often have reasons, such as loyalty to a confederate or fear of retribution, for not wanting to make full disclosure. But full disclosure is the price that Congress has attached to relief under the statute, and the burden remains on the defendant to prove his entitlement.”); cf. United States v. Adu, 82 F.3d 119, 124 (6th Cir.1996) (<HOLDING>). In a variation on this argument, Gilliam Options: A. holding that a defendant bears the burden of establishing affirmative defenses under the wprkers compensation statute B. holding defendant bears burden of establishing affirmative defense of official immunity C. holding that defendant has the burden of establishing eligibility for the safetyvalve provision which clearly requires an affirmative act by the defendant truthfully disclosing all the information he possesses that concerns his offense or related offenses D. recognizing that federal preemption is affirmative defense as to which defendant has burden of proof E. holding that the plaintiff had the burden of establishing that he properly served an agent of the defendant

assistant: The best answer is C. holding that defendant has the burden of establishing eligibility for the safetyvalve provision which clearly requires an affirmative act by the defendant truthfully disclosing all the information he possesses that concerns his offense or related offenses
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: By accepting the Option, you agree to comply with applicable Brazilian laws and to pay any and all applicable taxes associated with the exercise of the Option, the receipt of dividends and/or the sale of Shares acquired under the Plan.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: In any action between or among any of the Parties arising out of this Agreement, any of the agreements contemplated hereby or otherwise, (a) each of the Parties irrevocably consents to the exclusive jurisdiction and venue of the federal and state courts located in New York, New York (Manhattan), (b) if any such action is commenced in a state court, then, subject to applicable law, no Party shall object to the removal of such action to any federal court located in New York, New York (Manhattan), (c) each of the Parties irrevocably consents to service of process by first class certified mail, return receipt requested, postage prepaid, to the address at which such Party is to receive notice in accordance with Section 10.2, and (d) the substantially prevailing Party shall be entitled to recover their reasonable attorneys’ fees, costs, and disbursements from the other Parties (in addition to any other relief which the substantially prevailing Party may be entitled).

assistant: Jurisdictions
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 Indemnitor consists of more than one person or entity, the obligations and liabilities of each such person or entity hereunder shall be joint and several. Any one or more parties liable upon or in respect of this Agreement may be released without affecting the liability of any party not so released.

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 case excerpt and choose the best holding from the options. Case excerpt: and intent of the Zoning Procedure Ordinance. Finally, the Court acknowledges that the Appeals Board heard neighbor testimony that the proposed use would be incompatible with the neighborhood. However, to the extent the Board relied on this testimony to support its finding of lack of compatibility, the Board failed to identify how the testimony factually substantiated its conclusion that the proposed unusual use “would not be compatible with the area and its development.” Moreover, the neighbor testimony, while sincere, was largely opinion based and, therefore, lacked sufficient factual content to support the Appeals Board’s decision. Cellular Tel. Co. v. Town of Oyster Bay, 166 F.3d 490, 493 (2d Cir.1999); City of Apopka v. Orange County, 299 So.2d 657, 659 (Fla. 4th DCA 1974) (<HOLDING>). In sum, Nextel presented substantial Options: A. holding that the findings of fact conclusions of law and decision signed by the school board president constituted the decision of the board B. holding that public hearings should not be held for the purpose of polling the neighborhood but to present facts to assist a board with its decision C. holding that a reviewing court is not to substitute its decision for that of the board D. holding where secretary breached the duty to assist veteran in ensuring examination report was as complete and thorough as possible remand was required to enable the board to assist claimant in developing the facts of his case E. holding due process requires that 1 the board be presented with a full statement of the facts and all supporting data bearing upon the disputes and 2 the parties may be heard either in person by counsel or by other representatives and the board shall give due notice of all hearings to the employee

assistant: The best answer is B. holding that public hearings should not be held for the purpose of polling the neighborhood but to present facts to assist a board with its decision
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: to dismiss de novo. See Alston v. Parker, 363 F.3d 229, 232-33 (3d Cir.2004). The District Court held that, pursuant to the Rooker-Feldman doctrine, it lacked appellate authority over the decision of the state court that Appellant sought relief from. See 28 U.S.C. § 1257 (only United States Supreme Court has jurisdiction to review decisions of state courts); Rooker v. Fidelity Trust, 263 U.S. 413, 416, 44 S.Ct. 149, 68 L.Ed. 362 (1923); District of Columbia Court of Appeals v. Feldman, 460 U.S. 462, 483 n. 16, 103 S.Ct. 1303, 75 L.Ed.2d 206 (1983). Because Appellant was essentially asking the District Court to invalidate the state court’s consent order, the Court held that his complaint was barred by Rooker-Feldman. See id.; see also E.B. v. Verniero, 119 F.3d 1077, 1091 (3d Cir.1997) (<HOLDING>). To the extent that the District Court held Options: A. holding that the court had an adequate record to grant the defendants motion for summary judgment because the relevant evidence would have been in plaintiffs possession B. holding that to grant appellant relief would require an inferior federal court to determine that the state courts judgment was erroneous and would foreclose implementation of that judgment C. holding that after removal of diversity case to federal court the federal court may grant summary judgment notwithstanding earlier denial of summary judgment motion by state court D. holding that rookerfeldman doctrine barred plaintiffs claim because alleged legal injuries arose from the state courts purportedly erroneous judgment and the relief sought would require the district court to determine that the state courts decision was wrong and thus void E. holding that courts must look to the state that rendered the judgment to determine whether the courts of that state would afford the judgment preclusive effect

assistant: The best answer is B. holding that to grant appellant relief would require an inferior federal court to determine that the state courts judgment was erroneous and would foreclose implementation of that judgment
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed in any number of counterparts or facsimile copies, each of which when executed shall be deemed to be an original and all of which together shall be deemed to be one and the same instrument.

assistant: Counterparts