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: but seeks a review and reversal of the bankruptcy court’s summary judgment. But see In re Rodriquez, 258 F.3d at 759 (finding the appeal moot because the appellant was challenging the sale of property from the bankruptcy estate where there was no stay pending appeal); Wintz, 219 F.3d at 812 (finding the appeal moot because the appellants failed to obtain a stay pending appeal and thus were barred from attempting to overturn the sale of the property from the bankruptcy estate). In the final analysis, though, this panel cannot provide relief. If we were to rule in favor of Appellant on the summary judgment issue, Appellant could perhaps seek money damages from the proceeds of the sale received by the bankruptcy estate. See In re Popkin & Stem, 223 F.3d 764, 766 n. 2 (8th Cir.2000) (<HOLDING>). However, obtaining money damages equal to the Options: A. holding that exhaustion is required under the plra even if the plaintiff seeks only money damages and money damages are not available as relief B. holding that the loss of trade secrets cannot be measured in money damages C. holding that even if the sale cannot be undone nor property specifically awarded parties may still receive money damages for their loss D. holding that attorneys fees may be awarded against a public official even when the official is immune from money damages E. holding that the loss of money from a bank account does not constitute irreparable harm because that loss can be compensat ed by money damages

assistant: The best answer is C. holding that even if the sale cannot be undone nor property specifically awarded parties may still receive money damages for their loss
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the legality of this general warrant before them . . . the 29th chapter of Magna Charta . . . which is pointed against arbitrary power, was violated’ ”). 25 The statute in question provided in relevant part: “an act fob believing AND OEDEEING OF IDIOTS, IMPOTENT, DISTEACTED, AND IDLE PEE-SONS. . . . [Par.] 8. . . . [T]he Select-men for the Time being, in the several Towns in this State, shall from Time to Time, diligently inspect into the Affairs and Management of all Persons in their Town, whether Housholders or others; and if they shall find any Person or Persons that are reduced, or are likely to be reduced to Want by Idleness, Mismanagement, or bad Husbandry, that then such Select-men may appoint an Overseer to advise, direct, and order such Person in the Manage 93 A.2d 292 (1952) (<HOLDING>); see generally Bivens v. Six Unknown Named Options: A. holding that intentional infliction of emotional distress is a personal injury tort B. recognizing validity of cause of action for intentional infliction of emotional distress C. holding that act did not bar intentional infliction of emotional distress claim D. holding that under south dakota law compensation for negligent infliction of emotional distress requires manifestation of physical symptoms and intentional infliction of emotional distress requires an extreme disabling emotional response E. recognizing torts of intentional and negligent infliction of emotional distress

assistant: The best answer is E. recognizing torts of intentional and negligent infliction of emotional distress
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 and each Issuing Lender (on behalf of itself and each of its Affiliates) hereby irrevocably appoints CoBank 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 X are solely for the benefit of the Administrative Agent, the Lenders, the Affiliates of the Lenders who are Secured Parties and each Issuing Lender, and neither the Borrower nor any other Loan Party shall have rights as a third party beneficiary 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 legal provision and list the applicable contract clause categories. Provision: The Property Manager shall promptly handle complaints and requests from tenants, concessionaires and licensees. The Property Manager shall notify the Company promptly of: (A) any notice received by the Property Manager or known to the Property Manager of violation of any governmental requirements (and make recommendations regarding compliance therewith); (B) any notice received by the Property Manager or known to the Property Manager of violation of covenants, conditions and restrictions affecting the Property or noncompliance with loan documents affecting the Property, if any; (C) any fire, accident or other casualty or damage to the Property; (D) any condemnation proceedings, rezoning or other governmental order, lawsuit or threat thereof involving the Property known to the Property Manager; (E) any violations relative to the leasing, use, repair and maintenance of the Property under governmental laws, rules, regulations, ordinances or like provisions known to the Property Manager; or (F) any violation of any insurance requirement of which the Property Manager has actual knowledge. The Property Manager shall promptly deliver to the Company copies of any documentation in its possession relating to such matters. The Property Manager shall keep the Company reasonably informed of the status of the particular matter through the final resolution thereof. In the event the Property Manager becomes aware of any fire or other damage to the Property or violation or alleged violation of laws respecting hazardous materials, the Property Manager shall immediately give telephonic notice thereof to the Company. The Property Manager shall complete all necessary and customary loss reports in connection with any fire or other damage to the Property. The Property Manager shall retain in the records it maintains for the Property copies of all supporting documentation with reference to such notices.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: During each year of the Employment Period, the Executive shall be entitled to paid vacation consistent with the Company’s practices, policies and programs for its senior executives; provided that the Executive shall be entitled to no less than two (2) weeks of paid vacation during each year of the Employment Period.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: to the rule prohibiting the inclusion of two crimes in the same count of an indictment. Specifically, we have held that “acts that could be charged as separate counts of an indictment may instead be charged in a single count if those acts could be characterized as part of a single continuing scheme.” United States v. Tutino, 883 F.2d 1125, 1141 (2d Cir.1989). Count I of the original two-count indictment charged the existence of a conspiracy to commit the acts charged in Count II. Taking the conspiracy and substantive counts together, the indictment, as seen prior to trial, could reasonably have been interpreted to charge that the two transactions included in Count II were part of a single continuing scheme and thus were properly included in one count. See Tutino, 883 F.2d at 1141 (<HOLDING>). Only after the court dismissed the conspiracy Options: A. holding that evidence of prior drug transactions was admissible under rule 404b to show inter alia intent to enter into the drug conspiracy and knowledge of the conspiracy B. holding that based on finding that defendants had engaged in drug conspiracy government could properly include two sales of heroin made in furtherance of that conspiracy within one count of indictment and could aggregate amounts of drugs involved in both transactions to meet statutory thresholds for certain mandatory minimum and maximum sentences C. holding that in a conspiracy case venue lies where the conspiracy agreement was formed or in any jurisdiction where an overt act in furtherance of the conspiracy was committed by any of the conspirators D. holding that defendant was not entitled to buyerseller instruction in drug conspiracy prosecution given evidence that defendant played numerous roles in the conspiracy and that massive amounts of cocaine were involved E. holding that statements made to keep a coconspirator informed as to the groups drug supply were made in furtherance of the conspiracy

assistant: The best answer is B. holding that based on finding that defendants had engaged in drug conspiracy government could properly include two sales of heroin made in furtherance of that conspiracy within one count of indictment and could aggregate amounts of drugs involved in both transactions to meet statutory thresholds for certain mandatory minimum and maximum sentences
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 pay when due all taxes, assessments and governmental charges and levies upon the Collateral, except those which are being contested in good faith by appropriate proceedings and with respect to which Borrower has notified Bank in writing and no Lien exists.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: In the event of the death of Handley during the Term of this Agreement, this Agreement shall terminate and all obligations of the Company to Handley, other than those arising under Section 5, shall cease as of the date of death, with the exception of those obligations accrued or earned and vested (if applicable) by Handley as of the date of death, including for this purpose Handley's full Base Salary through the date of Handley's death at the rate then in effect, plus any compensation previously deferred by Handley (together with any accrued interest thereon) and not yet paid by the Company and any accrued vacation pay not yet paid by the Company (together, the "Accrued Obligations"), all of which shall be paid to Handley's estate or beneficiary, as applicable, in a lump sum in cash within thirty (30) days of the date of Handley's death. All rights and benefits of Handley under any stock option, restricted stock, and/or restricted stock units award agreements, or arising under the benefit plans and programs of the Company in which Handley is then a participant, or which are otherwise available to surviving family members of Company employees, will be provided as determined in accordance with the terms and provisions of such agreements, plans and programs.

assistant: Death
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: Other than those to be transferred and assigned to CLRI by Collabria at the Closing, no authorization, consent, approval, permit or license of, or filing with, any governmental or public body or authority, any lender or lessor or any other person or entity is required to authorize, or is required in connection with, the execution, delivery and performance of this Agreement or the agreements or transactions contemplated hereby on the part of CLRI.

assistant: Consents
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: Other than consummating the transactions contemplated hereunder, such Purchaser has not, nor has any Person acting on behalf of or pursuant to any understanding with such Purchaser, directly or indirectly executed any purchases or sales, including Short Sales, of the securities of the Company during the period commencing as of the time that such Purchaser first received a term sheet (written or oral) from the Company, the Placement Agents or any other Person representing the Company setting forth the material terms of the transactions contemplated hereunder and ending immediately prior to the execution hereof. Notwithstanding the foregoing, in the case of a Purchaser that is a multi-managed investment vehicle whereby separate portfolio managers manage separate portions of such Purchaser’s assets and the portfolio managers have no direct knowledge of the investment decisions made by the portfolio managers managing other portions of such Purchaser’s assets, the representation set forth above shall only apply with respect to the portion of assets managed by the portfolio manager that made the investment decision to purchase the Securities covered by this Agreement. Other than to other Persons party to this Agreement or to such Purchaser’s representatives, including, without limitation, its officers, directors, partners, legal and other advisors, employees, agents and Affiliates, such Purchaser has maintained the confidentiality of all disclosures made to it in connection with this transaction (including the existence and terms of this transaction). Notwithstanding the foregoing, for the avoidance of doubt, nothing contained herein shall constitute a representation or warranty against, or preclude any actions, with respect to locating or borrowing of shares in order to effect Short Sales or similar transactions in the future.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Sentencing, 9/7/99, at 82-86. Consequently, appellant has not raised a substantial question. ¶ 18 Second, appellant claims that his sentence constitutes cruel and unusual punishment because his sentence was excessive, which we have discussed above, and the trial judge made comments to the effect that appellant’s conduct was “ ‘a scourge to children.’ ” Brief for Appellant at 44 (quoting N.T. Sentencing, 9/7/99, at 91). Appellant cites no authority except a general cite to a cruel and unusual punishment case, then says, “one must come to the conclusion the sentence was either cruel and unusual or an abuse of discretion.” Id. at 51. Because appellant has failed to develop this argument, it is waived pursuant to Pa.R.A.P. 2119. See Commonwealth v. Irby, 700 A.2d 463, 464 (Pa.Super.1997) (<HOLDING>). ¶ 19 Finally, appellant argues that trial Options: A. holding that arguments not raised in district court are waived B. holding that arguments not fully developed until a reply brief are waived C. holding that arguments not raised before the trial court are waived D. holding that arguments which are not sufficiently developed are waived E. holding arguments not appropriately developed in brief are waived

assistant: The best answer is D. holding that arguments which are not sufficiently developed are waived
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The term of this Agreement shall commence on the Effective Date and continue for a three-year period (the “Initial Term”). Thereafter, the term of this Agreement shall automatically renew for additional one-year periods (each, a “Renewal Term”) in accordance with the terms of this Agreement unless either party notifies the other party in writing of its intention not to renew this Agreement (a “Notice of Nonrenewal”) at least 90 days prior to the expiration of the Initial Term or the then current Renewal Term, as applicable (such period, the “Advance Notice Period”). The Initial Term, together with any Renewal Term(s), shall hereinafter be referred to as the “Term.” In event of a Change in Control, the Term shall end on the later of (i) the expiration date of the Term as appropriately specified in a Notice of Nonrenewal; or (ii) 24 months from the effective date of the Change in Control.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: at the time of the loss, but ours appears to be the majority approach. See, e.g., Century Indem. Co. v. Carlson, 133 F.3d 591, 595 (8th Cir.1998) (agreeing with “the determination that the grain in question in this case at the time of the accident traveled in interstate commerce” (emphasis added)); Canal Ins. Co. v. J. Perchak Trucking, Inc., 3:CV-07-2272, 2009 WL 959596, at *2 (M.D.Pa. Apr. 6, 2009) (denying summary judgment because “[consideration of the important issues presented in this case should be made only in the context of a concrete determination as to whether the insured’s vehicle was involved in interstate or intrastate commerce at the time of the accident ” (emphasis added)); Canal Ins. Co. v. Paul Cox Trucking, 1:05-CV-2194, 2006 WL 2828755, at *4 (M.D.Pa. Oct. 2, 2006) (<HOLDING>); Kolencik v. Progressive Preferred Ins. Co., Options: A. holding that the connection between the robbery and interstate commerce was much more direct than in wang because at the time of the robbery the victim in walker was selling illegal drugs that had traveled through interstate commerce B. holding that the district court lacked the authority to compel arbitration because the faa is inapplicable to employees who are engaged in interstate commerce C. holding that a federal court has jurisdiction over the question of whether truck was engaged in interstate commerce at the time of the accident emphasis added D. holding that the interstate commerce nexus was too attenuated where extortion was directed at a victim who worked for an entity engaged in interstate commerce but was aimed at him in his personal capacity not in his official capacity E. holding that the government can satisfy the hobbs act interstate commerce requirement by showing that the robbery resulted in the closure of a business engaged in interstate commerce

assistant: The best answer is C. holding that a federal court has jurisdiction over the question of whether truck was engaged in interstate commerce at the time of the accident emphasis added
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: not designed to be a basis for civil liability. Furthermore, the purpose of the Rules can be subverted when they are invoked by opposing parties as procedural weapons. The fact that a Rule is a just basis for a lawyer’s self-assessment, or for sanctioning a lawyer under the administration of a disciplinary authority, does not imply that an antagonist in a collateral proceeding or transaction has standing to seek enforcement of the Rule. Accordingly, nothing in the Rules should be deemed to augment any substantive legal duty of lawyers or the extra-disciplinary consequences of violating such a duty.” (Emphasis added.) The power to declare a contract void based on a violation of public policy “ ‘is a very delicate and undefined power and, like the power to declare a 15 (Ala.Civ.App.2009)(<HOLDING>). We conclude that the trial court erred to the Options: A. holding that the district court did not abuse its discretion in denying his petition for reinstatement where membership in good standing in the state bar was required before attorney could be admitted to the federal bar and applicant had not been readmitted to state bar B. holding that because the state failed to properly file the complaint the district court lacked jurisdiction to proceed to trial C. recognizing that venue defects as to a party whose portion of the action has been severed do not bar transfer of the remainder of the action D. recognizing that the legislature has the sole power of enacting law E. recognizing that the legislature has committed to the state bar the sole authority to enforce rule 15 ala r prof cond and holding that the trial court lacked subjectmatter jurisdiction in a declaratoryjudgment action seeking a declaration as to the validity and enforceability of a contingencyfee agreement where the state bar was not made a party to the action

assistant: The best answer is E. recognizing that the legislature has committed to the state bar the sole authority to enforce rule 15 ala r prof cond and holding that the trial court lacked subjectmatter jurisdiction in a declaratoryjudgment action seeking a declaration as to the validity and enforceability of a contingencyfee agreement where the state bar was not made a party to the action
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 U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 335 U.S. 329 69 S.Ct. 91 93 L.Ed. 41 ECKENRODEv.PENNSYLVANIA R. CO. No. 28. Argued Oct. 22, 1948. Decided Nov. 15, 1948. Mr. B. Nathaniel Richter, of Philadelphia, Pa., for petitioner. Mr. Owen B. Rhoads, of Philadelphia, Pa., for respondent. PER CURIAM. 1 This was a suit in the United States District Court for the Eastern District of Pennsylvania in which the petitioner claimed damages under the Federal Employers' Liability Act1 and the Boiler Inspection Act2 for the death of her husband while in the respondent's employ as a brakeman. 2 In response to specific interrogatories, the jury absolved the respondent of liability under the Boiler Inspection Act, but found that there had been such negligence as to create liability under the Federal Employers' Liability Act. It returned a verdict for petitioner. Judgment was entered upon the verdict. 3 The respondent moved the Court to set aside the verdict and the judgment entered thereon in accordance with its motion for directed verdict under Rule 50 of the Federal Rules of Civil Procedure, 28 U.S.C.A. The judgment was vacated; the verdict set aside, and judgment entered in favor of the respondent. The District Court was of the opinion that there was no evidence upon which a finding of negligence could be predicated, and that, in any event, there was no evidence of a causal relation between the claimed negligence and the accident. 71 F.Supp. 764. 4 Upon appeal to the United States Court of Appeals for the Third Circuit, the judgment was affirmed. A rehearing was granted, and there was an affirmance with one judge dissenting. 164 F.2d 996. 5 There is a single question presented to us: Was there any evidence in the record upon which the jury could have found negligence on the part of the respondent which contributed, in whole or in part,3 to Eckenrode's death? Upon consideration of the record, the Court is of the opinion that there is no evidence, nor any inference which reasonably may be drawn from the evidence, when viewed in a light most favorable to the petitioner, which can sustain a recovery for her. 6 Accordingly, the judgment is affirmed. 7 Affirmed. 8 Mr. Justice BLACK, Mr. Justice DOUGLAS, Mr. Justice MURPHY and Mr. Justice RUTLEDGE dissent. 1 35 Stat. 65, 53 Stat. 1404, 45 U.S.C. § 51, 45 U.S.C.A. § 51. 2 36 Stat. 913, as amended, 45 U.S.C. § 23, 45 U.S.C.A. § 23. 3 45 U.S.C. § 51, 45 U.S.C.A. § 51.

assistant: 8
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 Loan Party and its Subsidiaries owns, or is licensed to use, all trademarks, trade names, copyrights, patents and other intellectual property necessary to its business as currently conducted, and the use thereof by each Loan Party and its Subsidiaries does not infringe upon the rights of any other Person , except for such infringements which, individually or in the aggregate, could not reasonably be expected to have a Material Adverse Effect , and, except as set forth on Item 6.14 (“ Intellectual Property ”), each Loan Party ’s rights thereto are not subject to any licensing agreement or similar arrangement. Item 6.14 sets forth a complete and accurate list of all (i) all United States Federally registered trademarks and trademark applications, United States Federally registered Patents and patent applications and United States Federally registered copyrights and copyright applications and domain names; and (ii) all other material intellectual property, in each case owned by each Loan Party as of the Effective Date . No slogan or other advertising device, product, process, method, substance, part or other material now employed, or now contemplated to be employed, by any Loan Party infringes upon or conflicts with any rights owned by any other Person , and no claim or litigation regarding any of the foregoing is pending or , to the knowledge of any Loan Party , threatened, except for such infringements and conflicts which could not reasonably be expected to have, individually or in the aggregate, 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 legal provision and list the applicable contract clause categories. Provision: All notices hereunder will be in writing and sent by certified mail, hand delivery, overnight delivery or fax, if sent to Rodman, at the address set forth on the first page hereof, e-mail: notices@rodm.com, Attention: Head of Investment Banking, and if sent to the Company, to the address set forth on the first page hereof, email: jmcgorry@biostage.com and tmcnaughton@biostage.com, Attention: Chief Executive Officer. Notices sent by certified mail shall be deemed received five days thereafter, notices sent by hand delivery or overnight delivery shall be deemed received on the date of the relevant written record of receipt, and notices delivered by fax shall be deemed received as of the date and time printed thereon by the fax machine.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: be difficult to find many cases that would not qualify for a departure sentence, thus making departure the rule rather than the exception”). [4] Robinson’s lack of criminal activity since his arrest for the charged offenses is not a legally valid reason for departure. State v. Stephenson, 973 So.2d 1259, 1264-65 (Fla. 5th DCA 2008) (“That a defendant refrains from criminal activity for a short time is an insufficient reason for a downward departure.”); see also State v. Geoghagan, 27 So.3d 111, 114 (Fla. 1st DCA 2009); State v. Nathan, 632 So.2d 127, 128 (Fla. 1st DCA 1994). Moreover, to the extent the trial court’s statements concerning the sheriffs “confidence” in Robinson were intended to be findings that Robinson is rehabilitated and poses no fu-futhreat or danger to s DCA 2004) (<HOLDING>); see also Thomas v. State, 61 So.3d 1157, 1158 Options: A. holding that convictions for the crimes of conspiracy and continuing criminal enterprise violate double jeopardy B. holding that convictions for two counts of possession of one quantity of cocaine constituted double jeopardy and fundamental error reversing one possession conviction and remanding for resentencing C. holding that convictions for trafficking possession and simple possession ofcocaine offended double jeopardy protections D. holding that double jeopardy does not preclude convictions for both sale and possession of the same cocaine within 1000 feet of a church E. holding that double jeopardy does not prohibit dual convictions for possession and sale of the same quantum cocaine

assistant: The best answer is D. holding that double jeopardy does not preclude convictions for both sale and possession of the same cocaine within 1000 feet of a church
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: claims for delay damages. We reject United’s argument that Dinwiddie’s subcontractors must first sue Dinwiddie and obtain judgment against it before Dinwiddie may file suit on their behalf. If a prime contractor is contractual ly obligated to pay claims to its subcontractors, then it may bring their claims without first having to wait for the subcontractors to obtain judgment against it in multiple suits in multiple forums. See Howard Contracting v. G.A. MacDonald Constr. Co., 71 Cal.App.4th 38, 83 Cal. Rptr.2d 590, 602 (1998) (arguing that it is well-established that a general contractor is entitled to present the claims of its subcontractors in an action against an owner on a pass-through basis); Bamard-Cwrtiss Co. v. United States, 157 Ct.Cl. 103, 301 F.2d 909, 913 (1962) (<HOLDING>). United farther argues that Dinwiddie was not Options: A. holding that the owner could maintain a 93a claim against the subcontractor where there was a genuine issue of material fact as to whether the owner was the thirdparty beneficiary of the contract between the general contractor and the subcontractor B. holding that subcontractor was not obligated to indemnify general contractor for general contractors own negligence where indemnification clause did not expressly state that subcontractor would indemnify general contractor for such negligence C. holding that subcontractor could recover damages from general contractor for delay in performance under state law D. holding that subcontractor can recover in quasicontract from contractor for work not encompassed in the agreement between the two E. holding that where contract between contractor and subcontractor allowed subcontractor to recover if contractor recovered contractor was not barred from bringing suit on behalf of subcontractor

assistant: The best answer is E. holding that where contract between contractor and subcontractor allowed subcontractor to recover if contractor recovered contractor was not barred from bringing suit on behalf of subcontractor
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 shall be binding upon, inure to the benefit of and be enforceable by the Guarantors, the Administrative Agent, each other Secured Party, each other Indemnitee, and their respective successors and assigns and shall bind any Person who becomes bound as a debtor to this Guaranty.

assistant: Binding Effects
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 have the right to terminate in whole or to reduce in part the amount of the Aggregate Maximum Credit Amounts at any time or from time to time upon not less than three Business Days’ prior notice to the Administrative Agent (which shall promptly notify the Revolving Lenders) of each such termination or reduction, which notice shall specify the effective date thereof and the amount of any such reduction (which in the case of any partial reduction shall not be less than $2,500,000 or any whole multiple of $500,000 in excess thereof) and shall be irrevocable and effective only upon receipt by the Administrative Agent; provided, however, that the Aggregate Maximum Credit Amounts can never be less than the sum of the outstanding Revolving Loans and the LC Exposure and the Swingline Exposure. Upon any reduction of the Aggregate Maximum Credit Amount that would otherwise result in the Aggregate Maximum Credit Amount being less than the Aggregate Elected Revolving Commitment Amount, the Aggregate Elected Revolving Commitment Amount shall be automatically reduced (ratably among the Revolving Lenders) so that it equals the Aggregate Maximum Credit Amount as so reduced.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Amendment may be signed in one or more counterparts (including by means of facsimile, electronic mail, or PDF signature pages), each of which need not contain the signature of all Parties hereto, and all of such counterparts taken together shall constitute a single agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: as jail administrators, are county officials. See Streit, 236 F.3d at 565. So holding, the court relied heavily on the constitutionally and statutorily defined role of California sheriffs discussed above. Streit, 236 F.3d at 561-562; see supra p. 906-908. In support of our conclusion, we also rely on several recent federal district court decisions that hold that the sheriff is properly viewed as a county officer when he investigates alleged criminal conduct. See Ford v. County of Marin, 2001 WL 868877 at *8 (N.D.Cal. July 19, 2001) (denying defendants’ motion to dismiss on the grounds that the sheriff, when knowingly giving false information to the Housing Authority with the intent of initiating a nuisance lawsuit, did not act as a state officer); Brewster, 112 F.Supp.2d at 1191 (<HOLDING>). Finally, we note persuasive language from the Options: A. holding that acts by a sheriff which gave rise to the plaintiffs claim against him were taken in the execution of his duties as sheriff and thus the sheriff was immune under 14 from an action seeking damages against him in his individual capacity B. holding that the sheriff when investigating crimes acts as a county officer C. holding that suit against county sheriff in his official capacity was suit against county D. holding that the lehigh county sheriff is a county officer rather than a state officer E. holding county liable along with sheriff thomas for an attorneys fee award even though the county was not named in the suit and was denied an opportunity to intervene because sheriff thomass actions under article 6869 represented county policy

assistant: The best answer is B. holding that the sheriff when investigating crimes acts as a county officer
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 U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 388 U.S. 439 87 S.Ct. 2107 18 L.Ed.2d 1300 Charles TANNENBAUMv.NEW YORK. No. 993. Appeal from the Court of Appeals of New York. Osmond K. Fraenkel and Stanley Fleishman, for appellant. Frank S. Hogan, for appellee. Horace S. Manages, for the American Book Publishers Council, Inc., as amicus curiae. June 12, 1967. PER CURIAM. 1 The motion to dismiss is granted and the appeal is dismissed as moot. 2 Mr. Justice BRENNAN would reverse the judgment of the lower court. 3 Mr. Chief Justice WARREN, dissenting. 4 I dissent from the dismissal of this appeal as moot for the reasons stated in my dissent in Jacobs v. New York, 388 U.S. 431, 87 S.Ct. 2098, 18 L.Ed.2d 1294. In my view, the question presented by this case is extremely important and requires a decision on the merits by this Court. I would note probable jurisdiction and set the case for argument. 5 Mr. Justice DOULA § dissents. (See dissent set forth in Jacobs v. New York, 388 U.S., at 436, 87 S.Ct., at 2102.

assistant: 9
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 signed in counterparts, each of which will be deemed an original, but all of which, taken together, will constitute the same instrument; provided, however, that this Agreement will be of no force or effect unless executed by both Parties. Counterparts may be delivered via facsimile, electronic mail (including pdf or any electronic signature complying with the U.S. federal ESIGN Act of 2000, e.g., www.docusign.com) or other transmission method and any counterpart so delivered shall be deemed to have been duly and validly delivered and be valid and effective for all purposes.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of legal and policy issues” by ensuring that agencies are not “forced to operate in a fishbowl.” Mapother v. Dep’t of Justice, 3 F.3d 1533, 1537 (D.C.Cir.1993), quoting Wolfe, 839 F.2d at 773. The Court of Appeals has applied that privilege to such mundane operational matters as the selection of a vendor to provide data retrieval services. Mead Data Cent., Inc. v. U.S. Dep’t of the Air Force, 575 F.2d 932, 935 (D.C.Cir.1978) (“While [plaintiff] correctly notes that the end product of these Air Force deliberations on the [Mead Data Central] proposal is not a ‘broad policy decision, that deliberation is nonetheless a type of decisional process that Exemption 5 seeks to protect from undue public exposure.”). See also In re Apollo Grp., Inc. Sec. Litig., 251 F.R.D. 12, 29 (D.D.C.2008) (<HOLDING>), citing Espy, 121 F.3d at 737 and N.L.R.B. v. Options: A. holding that a complete prohibition against an opponents use of in camera review to establish the applicability of the crimefraud exception to the attorneyclient privilege is inconsistent with the policies underlying the privilege B. holding that documents reflecting the department of educations review of a universitys compliance with title iv were covered by the privilege and rejecting the argument that a specific policy judgment is necessary for the privilege to apply because the privilege servesto protect the processes by which governmental decisions as well as policies are formulated C. holding that the information is not protected by attorneyclient privilege D. holding that production of documents without a claim of privilege waives the right to later claim that privilege E. recognizing privilege

assistant: The best answer is B. holding that documents reflecting the department of educations review of a universitys compliance with title iv were covered by the privilege and rejecting the argument that a specific policy judgment is necessary for the privilege to apply because the privilege servesto protect the processes by which governmental decisions as well as policies are formulated
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 alcohol or drugs, is "less able than the person would ordinarily have been, either mentally or physically, to exercise clear judgment, sufficient physical control, or due care in the driving of a vehicle.” 21 Del.C. § 4177(c)(5). See also 21 Del.C. § 4177(a)(1) (stating that no person shall drive a vehicle when the person is under the influence of alcohol). 7 . Tr. at 44-45 (ruling from the bench). 8 . Ruthardt, 680 A.2d at 362. In Ruthardt, the Superior Court held an extensive evidentiary hearing and the issue was briefed by both parties. Id. at 352. The court concluded that the HGN test is scientific in nature and not based on common knowledge. Id. at 355. See also Cantrell v. Div. of Motor Vehicles, Del.Super., C.A. No. 95A-09-001, 1996 WL 453425, at *4 (April 9, 1996) (ORDER) (<HOLDING>), affd sub nom. Cantrell v. Sha-han, Del.Supr., Options: A. recognizing that the governments failure to prevail is a factor that may be considered B. holding that the hgn test may be considered as a factor in determining probable cause C. holding that the death of a victim may not be considered an aggravating factor in a homicide sentencing D. holding that under fourth amendment standards for determining probable cause for arrest and probable cause for search and seizure are same E. holding that the areas propensity toward criminal activity is one factor to be considered in determining the existence of reasonable suspicion

assistant: The best answer is B. holding that the hgn test may be considered as a factor in determining probable cause
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 dispute or disagreement with respect to any portion of this Agreement or its validity, construction, meaning, performance, or Participant’s rights hereunder shall be finally settled by binding confidential arbitration before a single arbitrator in accordance with the Commercial Arbitration Rules of the American Arbitration Association (the “ AAA ”) then in effect and this Section 2.13. Any arbitration commenced by either party shall be held in Philadelphia, Pennsylvania. The decision of the arbitrator shall explain the basis for any award in reasonable detail and in writing. Any award of the arbitrator shall be final and binding, and shall not be appealable upon any grounds other than as permitted pursuant to the Federal Arbitration Act. The award, in the arbitrator’s discretion, may include reasonable attorney’s fees and costs. Judgment on the award may be entered, confirmed and enforced in any court of competent jurisdiction. The Participant and the Company acknowledge and agree than in connection with any such arbitration, the AAA filing fee, arbitrator’s costs and related AAA administration expenses shall be borne by the Company.

assistant: Arbitration
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: implicate the liberty interest of the individual who the State is supervising. As we noted in a prior case [Decisions in the realm of mental commitment rest not only on medical judgments but on societal judgments about a community’s tolerance for the sometimes deviant behavior of mentally ill persons. It is not only the customary procedure, but the constitutionally and statutorily mandated requirement, to treat even seriously mentally impaired persons in the least restrictive environment medically possible. Leonard v. State, 491 N.W.2d 508, 512 (Iowa 1992) (citation omitted). The Sexually Violent Predator Act appears to recog nize these principles when a person suffers from a mental abnormality but the State cannot prove the person is likely to reoffend. See Iowa Code § 229A.9A(1)(b) (<HOLDING>). Finally, we agree with the New Jersey Supreme Options: A. recognizing the publics interest in receiving the best value in public services B. holding that despite release language discharging defendant from claims upon or by reason of any matter cause or thing whatsoever from the beginning of the world to the day of these presents release did not bar any claims accruing after the date of execution C. holding that the legislature imposed a requirement implicitly rather than by means of statutory language expressly stating the requirement D. recognizing implicitly that it may be in the best interest of the community to release a sexually violent predator from ccuso with or without supervision rather than discharging that individual E. holding that when information which potentially undermines the best interest of the child as well as the interest sought to be protected by the legitimation statutes and the policy of this state it must first be tested in light of the best interest of the child standard

assistant: The best answer is D. recognizing implicitly that it may be in the best interest of the community to release a sexually violent predator from ccuso with or without supervision rather than discharging that individual
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 and the Subordinated Notes along with the Exhibits hereto constitute the entire agreement between the parties hereto with respect to the subject matter hereof and may not be modified or amended in any manner other than by supplemental written agreement executed by the parties hereto. No party, in entering into this Agreement, has relied upon any representation, warranty, covenant, condition or other term that is not set forth in this Agreement or in the Subordinated Notes.

assistant: Entire Agreements