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: the plaintiff was financially able to retain an attorney this was a "special circumstance” that would allow the court to deny it an award of attorney’s fees. Upon appeal, the Supreme Court remanded the matter with some instructions. On remand the Chancery Court determined that the ability to pay attorney’s fees was not an appropriate special circumstance; thus, Wilmington Materials was entitled to and awarded attorney's fees pursuant to § 1988. 17 .2000 WL 1724326, 2000 Del. Ch. Lexis 168. 18 . The court determined that Wilmington Materials had a vested right to utilize the property because it had "incurred expenses in reasonable reliance of its belief that the Code permitted its intended use.” Wilmington Materials I, 1993 WL 280411 at *2, 1993 Del. Ch. Lexis 145. 19 . Id. 20 . Id. (<HOLDING>); and Wilmington Materials II, 1994 WL 384458, Options: A. holding that an award of attorneys fees under supreme court rule 38 precursor to rule 222 did not preempt an award of attorneys fees to which one is otherwise entitled and thus appellant could seek an award of attorneys fees pursuant to section 1577300 which permits an award of fees for a party prevailing in an action against a state agency B. holding that although plaintiff was entitled to fees under 1988 there were special circumstances which allowed the chancellor in his discretion to deny an award C. holding that a pro se litigant who is an attorney is not entitled to fees under 1988 D. holding that under 42 usc 1988 which allows the award of attorneys fees in a civil rights action under 1983 a prevailing plaintiff should ordinarily recover an attorneys fee unless special circumstances would render such an award unjust quoting srep no 941011 p 4 1976 E. holding that it was not an abuse of discretion for the court to deny an award of attorneys fees to the wife

assistant: The best answer is B. holding that although plaintiff was entitled to fees under 1988 there were special circumstances which allowed the chancellor in his discretion to deny an award
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: Director acknowledges and agrees that TWW’s remedies at law for a breach or threatened breach of any of the provisions of this Section 4 would be inadequate and TWW would suffer irreparable damages as a result of such breach or threatened breach. In recognition of this fact, Director agrees that, in the event of such a breach or threatened breach, in addition to any remedies at law, TWW, without posting any bond, shall be entitled to cease making any payments or providing any benefit otherwise required by this Agreement and obtain equitable relief in the form of specific performance, temporary restraining order, temporary or permanent injunction or any other equitable remedy which may then be available. Without limiting the generality of the foregoing, neither party shall oppose any motion the other party may make for any expedited discovery or hearing in connection with any alleged breach of this Section 4.

assistant: Specific Performance
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 the Employment Period, the Employee shall serve as Chief Executive Officer of the Company and shall report to the Board of Directors of PetIQ, Inc. (the “Board” ). The Employee shall, subject to the direction and supervision of the Board, have supervision and control over, and responsibility for, such management and operational functions of the Company currently assigned to such position and shall have such other powers and duties (including holding officer positions with the Company and one or more subsidiaries of the Company) as may from time to time be prescribed by the Board consistent with the Employee’s position as Chief Executive Officer.

assistant: Positions
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 report as requested to the probation officer and failure to notify the probation of any change in his residence. Oh appeal, Angelo-Guarino argues that upwardly variant sentence is unreasonable because the district court based the sentence on improper considerations and unfounded speculation. After thorough review, we affirm. We review the sentence imposed upon the revocation of supervised release for reasonableness. United States v. Sweeting, 437 F.3d 1105, 1106-07 (11th Cir. 2006). “[R]easonableness” review “merely asks whether the trial court abused its discretion.” United States v. Pugh, 515 F.3d 1179, 1189 (11th Cir.2008) (quoting Rita v. United States, — U.S.-, 127 S.Ct. 2456, 2465, 168 L.Ed.2d 203 (2007)); see also United States v. Silva, 443 F.3d 795, 798 (11th Cir.2006) (<HOLDING>). We review de novo whether a factor considered Options: A. holding apprendi is not implicated by an application of the sentencing guidelines that increases the sentencing range so long as the sentence imposed does not exceed the statutory maximum B. holding that despite the advisory nature of the sentencing guidelines they remain the starting point and the initial benchmark of a district courts sentencing analysis the district court should begin all sentencing proceedings by correctly calculating the applicable guidelines range and keep that range in mind throughout the sentencing process and that failing to calculate or improperly calculating the guidelines range or failing to adequately explain the chosen sentenceemdashincluding an explanation for any deviation from the guidelines range constitutes significant procedural error C. holding that retroactive application of advisory sentencing guidelines violated ex post facto clause because guidelines increased minimum sentencing range D. holding that district courts decision to exceed the advisory sentencing range in chapter 7 of the sentencing guidelines ussg 7b14 is reviewed for an abuse of discretion E. holding that retroactive application of advisory sentencing guidelines violated ex post facto clause because guidelines created sufficient risk of increased sentencing range

assistant: The best answer is D. holding that district courts decision to exceed the advisory sentencing range in chapter 7 of the sentencing guidelines ussg 7b14 is reviewed for an abuse of discretion
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 the term “offense,” as employed in HRS § 709-906, is plain and unambiguous. As the term is commonly understood, an offense is “a breach of the criminal laws,” ie., a “violation of law for which [a] penalty is prescribed.” Black’s Law Dictionary 1081 (6th ed.1990). A “conviction,” by contrast, is “[t]he final judgment on a verdict or finding of guilty, a plea of guilty, or a plea of nolo contendere[.]” Id. at 333. The repeat offender sentencing enhancement contained in HRS § 709-906(5)(b) applies to “a second offense and any other subsequent offense that occurs within one year of the previous offense.” (Emphasis added.) Dudoit asserts that “a charge does not become an ‘offense’ until after a conviction is obtained,” citing to People v. Nees, 200 Colo. 392, 615 P.2d 690, 693 (1980) (<HOLDING>). In other words, Dudoit argues that a previous Options: A. holding that it is not B. recognizing that 1983 action does not accrue until conviction or sentence has been invalidated C. recognizing that a criminal prosecution is not complete until a sentence has been imposed D. holding that it is not known legally that an offense has been committed until there is a conviction E. holding a warrantless arrest by a law officer is reasonable under the fourth amendment where there is probable cause to believe that a criminal offense has been or is being committed

assistant: The best answer is D. holding that it is not known legally that an offense has been committed until there is a conviction
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 FLSA collective action statute); In re Online Travel Co., 953 F.Supp.2d 713, 721-22, 2013 WL 2948086, at *6 (N.D.Tex. June 14, 2013) (finding class action waiver contained in an arbitration provision enforceable). Though arbitration decisions implicate the Federal Arbitration Act’s strong presumption in favor of arbitration, see, e.g., Gilmer, 500 U.S. at 26, 111 S.Ct. 1647, it otherwise makes little sense that an arbitration agreement could take the more drastic step of entirely waiving a federal court forum, including the right to proceed collectively, but an employment contract could not waive the right to proceed collectively in court while preserving the right to bring suit on an individual claim. Cf. Killion v. KeHE Distribs., 885 F.Supp.2d 874, 882-83 (N.D.Ohio 2012) (<HOLDING>). Because the standard for enforcing Options: A. holding that a collective action waiver contained in a separation and release agreement was enforceable in an flsa action and noting that the enforceability of a collective waiver does not change outside the arbitration context because arbitration agreements are scrutinized under contract theories and are on equal footing with contracts citations omitted B. holding that collective bargaining agreements cannot compel the arbitration of statutory rights C. holding that the eleventh circuits decision in caley v gulfstream aerospace corp was binding on the issue of enforceability of collective action waiver in an arbitration agreement D. holding that a waiver of right to appeal contained in a plea agreement is enforceable E. holding class action waiver to be enforceable under section 2 of the faa notwithstanding claim that waiver was unconscionable under state law

assistant: The best answer is A. holding that a collective action waiver contained in a separation and release agreement was enforceable in an flsa action and noting that the enforceability of a collective waiver does not change outside the arbitration context because arbitration agreements are scrutinized under contract theories and are on equal footing with contracts citations omitted
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: for example , if you purchase 10 euros of skype credit with your credit card , the recharge amount charged to your credit card will also be 10 euros of skype credit .

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: 385 S.C. at 192, 684 S.E.2d at 543. Here, however, the legislature has rewritten and expanded the traditional definition of occurrence to also mandate the inclusion of faulty workmanship: Commercial general liability insurance policies shall contain or be deemed to contain a definition of “occurrence” that includes: (2) property damage or bodily injury resulting from faulty workmanship, exclusive of the faulty workmanship itself. S.C.Code Ann. § 38-61-70 (emphasis added). While we hold that it is within the legislature’s power to statutorily define the meaning of “occurrence,” it violates the Contract Clause to apply this new definition retroactively as it substantially impairs pre-existing contracts by materially changing their terms. Hodges, 341 S.C. at 94, 533 S.E.2d at 585-86 (<HOLDING>); Henry v. Alexander, 186 S.C. 17, 194 S.E. 649 Options: A. holding that an attorney approval clause in a contract for the sale of real estate was a part of that contract and would have to be satisfied for the underlying contract to be enforceable B. holding that parties can stipulate that they were both parties to a contract and thus the real parties in interest even when one party did not sign the contract C. holding that where contract silent court may supply reasonable term to fulfill parties expectations D. holding that contract terms themselves will be controlling when they establish the parties common meaning so that a reasonable person in the position of either party would have no expectations inconsistent with the contract language E. holding for purposes of contract clause analysis a statute can be said to impair a contract when it alters the reasonable expectations of the contracting parties

assistant: The best answer is E. holding for purposes of contract clause analysis a statute can be said to impair a contract when it alters the reasonable expectations of the contracting parties
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: 18-19. 11 . The Underwriter Defendants' contention that plaintiffs failed to plead with the required particularity that the Company knew that the software modifications were not working is unavailing. See Underwriter Def. Mem. at 19 n. 11. Even assuming that plaintiffs were held to the strict pleading requirements of Rule 9(b) — which would only apply to section 11 and 12(a)(2) claims that sound in fraud— plaintiffs have met its requirements. Plaintiffs learned from a confidential OFGEM source that at a meeting with OFGEM in early March 2000, Sulley and the Company were told that the software modifications were not solving the Company’s billing problems. See SAC ¶ 111. This allegation is sufficient at this early stage of the proceedings. See Novak v. Kasaks, 216 F.3d 300, 313 (2d Cir.) (<HOLDING>), cert. denied, 531 U.S. 1012, 121 S.Ct. 567, Options: A. holding that a valid waiver of counsel at an early stage of the proceeding does not continue in effect through a subsequent stage B. holding that plaintiffs need not reveal confidential sources at the pleading stage C. holding that credibility determinations should not be resolved at the summary judgment stage D. holding that the filing of a motion for a new trial is a critical stage of the prosecution and that an indigent defendant is constitutionally entitled to the assistance of counsel at that stage E. holding that the application of the fair use doctrine at the pleading stage is appropriate

assistant: The best answer is B. holding that plaintiffs need not reveal confidential sources at the pleading stage
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 execution, delivery and performance by the Company of the Transaction Documents and the consummation of the transactions contemplated hereby and thereby do not and will not: (i) conflict with or violate any provision of the Company’s certificate of incorporation or by-laws; (ii) conflict with, or constitute a default (or an event that with notice or lapse of time or both would become a default) under, or give to others any rights of termination, amendment, acceleration or cancellation (with or without notice, lapse of time or both) of, any agreement to which the Company or any material Subsidiary is a party or by which any property or asset of the Company or any material Subsidiary is bound or affected; or (iii) result in a violation of any applicable law, except, in the case of clause (ii) or (iii), to the extent that such conflict or violation has not had and would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

assistant: No Conflicts
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 PARTY HERETO HEREBY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS AGREEMENT, ANY OTHER LOAN DOCUMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY (WHETHER BASED ON CONTRACT, TORT OR ANY OTHER THEORY). EACH PARTY HERETO (A) CERTIFIES THAT NO REPRESENTATIVE, AGENT OR ATTORNEY OF ANY OTHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PARTY WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE THE FOREGOING WAIVER AND (B) ACKNOWLEDGES THAT IT AND THE OTHER PARTIES HERETO HAVE BEEN INDUCED TO ENTER INTO THIS AGREEMENT BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS SET FORTH IN THIS SECTION 8.9.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: During the term hereof, Executive shall be entitled to participate in any group insurance, hospitalization, medical, dental, health, accident, disability or similar plan or program of the Company now existing or established hereafter to the extent that he is eligible under the general provisions thereof. The Company may, in its sole discretion and from time to time, amend, eliminate or establish additional benefit programs as it deems appropriate. Executive shall also participate in all fringe benefits, including without limitation annual vacation time, offered by the Company to any of its executives at such Executive’s level. Notwithstanding anything otherwise provided under this Agreement, nothing contained herein shall obligate the Company or its Affiliates to continue or maintain any particular benefit plan or program on an ongoing basis.

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: on June 25,1996. Not all members of the proposed class who purchased SS & C stock within the 25-day period have standing to bring a claim against Hambreeht & Quist or Alex. Brown under § 12(a)(2), however. Section 12(a)(2) further requires that plaintiffs “purchase their shares directly from a seller who makes use of a false or misleading prospectus.” Id. at 67. The term “seller” encompasses not only anyone who stands in privity with a purchaser, but also anyone “who successfully solicits the purchase [of a security], motivated at least in part by a desire to serve his own financial interests or those of the securities owner.” Pinter v. Dahl, 486 U.S. 622, 646, 108 S.Ct. 2063, 100 L.Ed.2d 658 (1988); see Wilson v. Saintine Exploration & Drilling Corp., 872 F.2d 1124, 1126 (2d Cir.1989) (<HOLDING>). In order to fall within this second category Options: A. recognizing that claims arising under the ihra are analyzed under the same standards as title vii claims B. holding that the court of federal claims lacked jurisdiction over claims arising from the violation of a criminal statute C. holding wyoming only had standing to pursue section 12a2 claims as to indx 2006ar11 D. holding that claims arising under the sixth amendment fall outside the jurisdiction of the court of federal claims E. holding pinter analysis to apply to claims arising under 12a2

assistant: The best answer is E. holding pinter analysis to apply to claims arising under 12a2
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 condominium is cabined by time restraints. Individual sections of a statute must be considered in the context of the entire statutory scheme, and not as stand-alone provisions. R & R Associates v. City of Providence Water Supply Board, 765 A.2d 432, 436 (R.I.2001). Because by enacting § 34-36.1-2.05 the Legislature decreed that special rights and development rights in a condominium project must be time-restricted, we are of the opinion that § 34-36.1-2.18(i) must be interpreted in harmony with the legislative goal of restricting the exercise of those rights. See United States v. Verrecchia, 196 F.3d 294, 299 (1st Cir.1999) (noting that the interpretation of statutory language should be consistent with other provisions of the statute); State v. Enos, 21 A.3d 326, 330-31 (R.I.2011) (<HOLDING>); State v. Dearmas, 841 A.2d 659, 666 Options: A. recognizing that the sentence imposed should be consistent with the protection of the public B. holding that a reviewing court must defer to an agencys interpretation of an operable statute as long as that interpretation is consistent with legislative intent and is supported by substantial competent evidence C. holding that the interpretation of statutory language should be consistent with the legislatures purpose and intent D. holding that interpretation of a constitutional provision begins with examination of the provisions explicit language and that a court must endeavor to construe the provision in a manner consistent with the intent of the framers and voters E. holding that when the contract language is unambiguous we take these words to represent the parties intent and the plain meaning of this language governs its interpretation

assistant: The best answer is C. holding that the interpretation of statutory language should be consistent with the legislatures purpose and intent
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: unit of prosecution each individual injury that the defendant recklessly caused, even if the injuries were caused by only a single act.” We disagree. The plain language of the statute establishes that the legislature has criminalized the act of recklessly causing bodily injury — not each individual injury. Cf. State v. Greene, 137 N.H. 126, 128 (1993) (explaining that the elements of knowing simple assault are twofold: “the culpable mental state of knowingly and the proscribed conduct of unprivileged physical contact”). Nothing in the language of the statute suggests that the legislature intended to allow multiple punishments “for a single criminal act against a single victim, simply because the act results in multiple injuries.” Com. v. Traylor, 34 N.E.3d 276, 284, 284-86 (Mass. 2015) (<HOLDING>). Accordingly, we hold that the legislature Options: A. holding that virginia domestic assault and battery statute did not qualify B. holding that battery is an inherently included offense of aggravated battery C. holding that under maryland common law an assault is an attempted battery an actual battery or a combination of the two D. holding that unit of prosecution for statute prohibiting assault and battery upon a child was not injuries resulting from proscribed conduct E. holding on plainerror review an oklahoma statute for assault and battery was equivalent to the enumerated offense

assistant: The best answer is D. holding that unit of prosecution for statute prohibiting assault and battery upon a child was not injuries resulting from proscribed conduct
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: interpreted as generally requiring law enforcement to obtain a warrant before undertaking a search or seizure. See Kentucky v. King, 563 U.S. 452, 459, 131 S.Ct. 1849, 179 L.Ed.2d 865 (2011) (stating that under the Fourth Amendment “a warrant must generally be secured”); State v. Meeks, 262 S.W.3d 710, 722 (Tenn. 2008) (“[A]s a general matter, law enforcement officials cannot conduct a search [or effect a seizure] without having first obtained a valid warrant.” (citations omitted)). Indeed, warrantless searches and seizures are presumptively unreasonable, and any evidence discovered as a result of a warrantless search or seizure is subj mes a seizure is not susceptible of precise definition. Florida v. Royer, 460 U.S. 491, 506, 103 S.Ct. 1319, 75 L.Ed.2d 229 (1983) (plurality opinion) (<HOLDING>); State v. Daniel, 12 S.W.3d 420, 425 (Tenn. Options: A. recognizing that there is no litmuspaper test for distinguishing a consensual encounter from a seizure B. recognizing that the right to control test used for distinguishing independent contractors from employees is not particularly helpful in distinguishing volunteers from employees C. recognizing that distinguishing trespassers from nontrespassers is a heavy burden D. recognizing that deemed consolidation is consensual E. recognizing the test for business nexus is distinct from transactional nexus and its test for dissociation

assistant: The best answer is A. recognizing that there is no litmuspaper test for distinguishing a consensual encounter from a seizure
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Except for litigation disclosed on Schedule 3.6 , there shall not exist any material litigation, investigation, bankruptcy or insolvency, injunction, order or claim affecting or relating to any Credit Party or any of its Subsidiaries or with respect to this Agreement and the other Credit Documents that has not been settled, dismissed, vacated, discharged or terminated prior to the Closing Date.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: EACH OF THE PARTIES HERETO HEREBY AGREES TO WAIVE ITS RESPECTIVE RIGHTS TO A JURY TRIAL OF ANY CLAIM OR CAUSE OF ACTION BASED UPON OR ARISING HEREUNDER OR ANY DEALINGS BETWEEN THEM RELATING TO THE SUBJECT MATTER OF THIS GUARANTEE AGREEMENT. THE SCOPE OF THIS WAIVER IS INTENDED TO BE ALL‑ENCOMPASSING OF ANY AND ALL DISPUTES THAT MAY BE FILED IN ANY COURT AND THAT RELATE TO THE SUBJECT MATTER OF THIS TRANSACTION, INCLUDING CONTRACT CLAIMS, TORT CLAIMS, BREACH OF DUTY CLAIMS AND ALL OTHER COMMON LAW AND STATUTORY CLAIMS. EACH PARTY HERETO ACKNOWLEDGES THAT THIS WAIVER IS A MATERIAL INDUCEMENT TO ENTER INTO A BUSINESS RELATIONSHIP, THAT EACH HAS ALREADY RELIED ON THIS WAIVER IN ENTERING INTO THIS GUARANTEE AGREEMENT, AND THAT EACH WILL CONTINUE TO RELY ON THIS WAIVER IN ITS RELATED FUTURE DEALINGS. EACH PARTY HERETO FURTHER WARRANTS AND REPRESENTS THAT IT HAS REVIEWED THIS WAIVER WITH ITS LEGAL COUNSEL AND THAT IT KNOWINGLY AND VOLUNTARILY WAIVES ITS JURY TRIAL RIGHTS FOLLOWING CONSULTATION WITH LEGAL COUNSEL. THIS WAIVER IS IRREVOCABLE, MEANING THAT IT MAY NOT BE MODIFIED EITHER ORALLY OR IN WRITING (OTHER THAN BY A MUTUAL WRITTEN WAIVER SPECIFICALLY REFERRING TO THIS SECTION 23 AND EXECUTED BY EACH OF THE PARTIES HERETO), AND THIS WAIVER SHALL APPLY TO ANY SUBSEQUENT AMENDMENTS, RENEWALS, SUPPLEMENTS OR MODIFICATIONS HERETO. IN THE EVENT OF LITIGATION, THIS AGREEMENT MAY BE FILED AS A WRITTEN CONSENT TO A TRIAL BY THE COURT.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as shown on Schedule 5.14 to the Disclosure Letter, there are no proceedings or investigations pending or, to the Borrower’s knowledge, threatened in writing against the Borrower or any Subsidiary, or any of their businesses, operations or Properties, that (a) relate to any Loan Documents or transactions contemplated thereby; or (b) could reasonably be expected to have a Material Adverse Effect. Neither the Borrower nor any Subsidiary is in default with respect to any order, injunction or judgment of any Governmental Authority binding on it.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: 958. The Court concurred with the reasoning of the United States Supreme Court, which has regarded the crime of sexual assault as violent in nature irrespective of whether it is accompanied by physical violence. Id. at 491, 798 A.2d 958. “Short of homicide, [sexual assault] is the ultimate violation of self. It is also a violent crime because it normally involves force, or the threat of force or intimidation, to overcome the will and the capacity of the victim to resist. [Although sexual assault] is very often accompanied by physical injury to the [victim] ... [it] can also inflict mental and psychological damage.” Rivera, 260 Conn. at 491-92, 798 A.2d 958 (quoting Coker v. Georgia, 433 U.S. 584, 597-98, 97 S.Ct. 2861, 53 L.Ed.2d 982 (1977))(alterations in original). (8th Cir.1999)(<HOLDING>)(internal citations and quotation marks Options: A. holding that because the crime of rape involved a nonconsensual act there was a substantial risk that physical force may be used in committing the offense B. holding iowa common law touching assault met use of physical force required for enhancement under 18 usc 922g9 be cause any physical contact by necessity requires physical force to complete C. holding that a conviction for sexual assault of a child under nebrevstat 28320011 was a crime of violence because this type of contact between parties of differing physical and emotional maturity carries a substantial risk that physical force may be used in the course of committing the offense D. holding that the florida offense of attempted lewd assault on a child under the age of sixteen is a crime of violence even though the offense might be accomplished without use of physical force E. holding that under iowa code 7098 the offense of lascivious acts with a child was a crime of violence because it involved a substantial risk that physical force would be used against the child victim in the course of committing the offense

assistant: The best answer is C. holding that a conviction for sexual assault of a child under nebrevstat 28320011 was a crime of violence because this type of contact between parties of differing physical and emotional maturity carries a substantial risk that physical force may be used in the course of committing the offense
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 record rather than the alien. The Federal Rules of Civil Procedure also favor notice of counsel of record rather than actual notice of the client. See Fed.R.Civ.P. 5(b) (stating that “whenever service under these rules is required or permitted to be made upon a party represented by an attorney the service shall be made upon the attorney unless service upon the party is ordered by the court”). Case precedent also indicates that actual notice of an alien is not required under the INA. See Sewak v. INS, 900 F.2d 667, 669 n. 6 (3d Cir.1990) (noting in dicta that notice to attorney comprised actual notice to alien); Reyes-Arias v. INS, 866 F.2d 500, 502-3 (D.C.Cir.1989) (finding actual knowledge of attorney constitutes reasonable notice); Newton v. INS, 622 F.2d 1193, 1194 (3d Cir.1980) (<HOLDING>). Anin received notice as required by the INA. Options: A. holding that notice to supervisor is notice to city B. holding that notice to the attorney of record constitutes notice to the petitioner C. holding that actual notice fulfills a notice requirement that an applicable federal regulation be conspicuously posted because actual notice is the best notice D. holding that a defendant is not entitled to relief from default judgment because notice to an attorney of filing of motions and orders is constructive notice to the client even when the client did not have actual notice E. holding that notice to original attorney not formally withdrawn comprised proper notice

assistant: The best answer is E. holding that notice to original attorney not formally withdrawn comprised proper notice
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 hereby indemnifies each of the Lenders against any loss or expense (including any loss or expense arising from the liquidation or reemployment of funds obtained by it to maintain a LIBOR Rate Loan or from fees payable to terminate the deposits from which such funds were obtained) which may arise or be attributable to each Lender’s obtaining, liquidating or employing deposits or other funds acquired to effect, fund or maintain any Loan (a) as a consequence of any failure by the Borrower to make any payment when due of any amount due hereunder in connection with a LIBOR Rate Loan, (b) due to any failure of the Borrower to borrow or continue a LIBOR Rate Loan or convert to a LIBOR Rate Loan on a date specified therefor in a Notice of Borrowing or Notice of Conversion/Continuation or (c) due to any payment, prepayment or conversion of any LIBOR Rate Loan on a date other than the last day of the Interest Period therefor. The amount of such loss or expense shall be determined, in the applicable Lender’s sole discretion, based upon the assumption that such Lender funded its Commitment Percentage of the LIBOR Rate Loans in the London interbank market and using any reasonable attribution or averaging methods which such Lender deems appropriate and practical. A certificate of such Lender setting forth the basis for determining such amount or amounts necessary to compensate such Lender shall be forwarded to the Borrower through the Administrative Agent and shall be conclusively presumed to be correct save for manifest error.

assistant: Indemnity
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 no discovery has been done on these issues and that Mr. Schmidt has not yet been deposed. 7 . We likewise find Mr. Schmidt's reliance on Preis v. Durio, 94-468 (La.App. 3 Cir. 11/2/94), 649 So.2d 600, misplaced. In the Preis case, the court held that "[a]n attorney representing a party in a marital dispute where there are children does not owe a legal duty to the adversarial spouse-joint custodian of the children to avoid discussing the case with the children against the will of the adversarial spouse, when the defendant-attorney has the consent of the client spouse who is the other joint custodian of the children.” Preis, 94-468 at p. 6, 649 So.2d at 603. In so holding, the court cited "[t]he [well established] rule that an attorney does not owe a legal duty to his client's 004) (<HOLDING>); City of Fairbanks v. Rice, 20 P.3d 1097, 1107 Options: A. holding that a statement that plaintiff had engaged in an extramarital affair was defamatory per se under colorado law B. holding that news broadcast which fell within several of the historical categories for per se defamation was not defamatory per se where plaintiffs identity was not shown on its face C. holding statements regarding plaintiffs unsatisfactory job performance not defamatory per se D. holding that per se statutory rule is not permissible under fourth amendment E. holding that violation of state law was not a per se constitutional violation

assistant: The best answer is A. holding that a statement that plaintiff had engaged in an extramarital affair was defamatory per se under colorado 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 case excerpt and choose the best holding from the options. Case excerpt: a purchaser. Defendants argue that unless BPI Global had “unfettered discretion” to purchase Sonus stocks on behalf of BPI Capital, it does not have statutory standing. Courts are not in agreement regarding whether an investment advisor purchasing securities on behalf of its clients qualifies as a purchaser under the Exchange Act. See generally Brian P. Murray, Does An Asset Manager Have Standing Under the Federal Securities Laws?, 79 St. John’s L.Rev. 405 (2005). Compare In re Enron Corp. Sec., No. H-01-3624, 2006 WL 4 status, other courts have focused on the decision making authority of investment ad-visors. Without resolving the issue, the Ninth Circuit last month described this approach as finding “an investment advisor has an interest in its own 9 F.R.D. 499, 506 (S.D.Fla.2002) (<HOLDING>). Instead of focusing on form, these courts Options: A. holding that slusa precludes statelaw class action claims against these banks because the claims are predicated on the banks involvement with the fraudulent securities transactions of bernard l madoff investment securities madoff securities B. holding that a fiduciary corporation was a purchaser within the meaning of 12a2 and was entitled to bring suit on its own behalf or on behalf of its clients C. holding that a law firm receiving funds for a client was not an initial transferee because the firms role with respect to the received money was to accept the funds in settlement of its clients case deposit the money in trust keep as fees only what the the clients agreed to and pay the rest to the bank on behalf of the clients in satisfaction of their loan D. recognizing defense in securities case E. holding banks that bought securities on behalf of their clients had sufficient interest in the case to serve as lead plaintiffs

assistant: The best answer is E. holding banks that bought securities on behalf of their clients had sufficient interest in the case to serve as lead plaintiffs
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 provide motive of robber when identity is hotly contested “too attenuated and possesses] too many gaps” (quotation omitted)). The resulting inference imparted to the jury is: because the defendant is a drug addict he has the general intent to steal, and because drug addicts steal, it is safe to conclude that this particular drug addict is the unknown culprit in this case. Such reasoning allows the impermissible inference of propensity that the rules of evidence are designed to prevent. Our decision in Kim, as well as cases from other states, reveals that when courts have allowed a prior bad act to be introduced to prove motive, the prosecution actually presented sufficient alternate evidence to establish the defendant’s identity as the perpetrator. Kim, 153 N.H. at 325, 328 (<HOLDING>); see State v. Carapezza, 191 P.3d 256, 261, Options: A. holding that the trial court properly excluded evidence that other persons had a motive to kill the victims because inter alia such evidence was speculative B. holding there was enough evidence to find the defendant abandoned his child when he claimed to have knowledge of cpss involvement he admitted that for periods of two years and six months he did not attempt any contact with his child and from the date he canceled a home study until the petition was filed he did not attempt to contact the child or cps or provide support even when he was out of jail C. holding crack cocaine addiction admissible to prove motive to kill and rob when accomplice identified defendant and defendants cell mates testified she had admitted her actions D. holding evidence of defendants extramarital affairs and discharge from the marine corps admissible to show motive in the murder of defendants wife E. holding evidence of defendants gambling losses and extramarital affair admissible to show motive to kill when he admitted to police that he drugged and robbed murder victims but claimed he did not kill them

assistant: The best answer is E. holding evidence of defendants gambling losses and extramarital affair admissible to show motive to kill when he admitted to police that he drugged and robbed murder victims but claimed he did not kill them
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 required consents and approvals shall have been obtained and be in full force and effect with respect to the transactions contemplated hereby and from (a) all relevant Governmental Authorities and (b) any other Person whose consent or approval the Borrower deems necessary or appropriate to effect the transactions contemplated hereby.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Company covenants and agrees that in the event this Note is secured by Collateral, Company shall timely execute any and all documents necessary or advisable in order to release such security interest and Collateral to Investor, or Investor’s designee, immediately following the date this Note is paid in full (the “ Release Date ”). For the avoidance of doubt, as of the date hereof, there is no Collateral securing this Note, and after the Release Date, as applicable, there shall be no Collateral securing this Note.

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: The court then adjudicated his guilt, imposing a sentence of ten years confinement with the Texas Department of Criminal Justice, Institutional Di vision. Appellant subsequently filed a pr o be binding, stating, “Texas Code of Criminal Procedure ... expressly denies a defendant the right to appeal from a trial court’s determination to adjudicate.” 28 S.W.3d 627, 633 (Tex.App.—Corpus Christi, 2000, no pet.). Article 42.12 § 5(b) expressly allows, however, an appeal of all proceedings after the adjudication of guilt on the original charge. Examples of proceedings after adjudication that may be appealed include the assessment of punishment and the pronouncement of sentence. Perez, 28 S.W.3d at 633; See also Jones v. State, 39 S.W.3d 691, 693 (Tex.App.—Corpus Christi 2001, no pet.) (<HOLDING>). Appellant does not complain of any error Options: A. holding no ineffective assistance of appellate counsel claim for failure to raise as basis for appeal of conviction ineffective assistance of trial counsel where basis for the latter claim was inadequate B. holding that the postconviction court erred in finding the ineffective assistance of counsel claim proeedurally barred because the courts opinion did not comment specifically on the ineffective counsel argument and the overall holding that the evidence was sufficient to support the jurys verdict could not be viewed as an adjudication on the merits of the ineffective assistance claim C. holding that defendant may raise claim of ineffective assistance of counsel on direct appeal only if ineffective assistance is conclusive from the record D. holding that a court of appeals has jurisdiction to review claim of ineffective assistance of counsel occurring after the adjudication of guilt E. recognizing a constitutional claim for ineffective assistance of counsel

assistant: The best answer is D. holding that a court of appeals has jurisdiction to review claim of ineffective assistance of counsel occurring after the adjudication of guilt
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: As of December 15, 2017, the authorized capital stock of the Company consists of: 500,000,000 authorized shares of Common Stock, of which 67,266,567 shares were issued and outstanding, and nil authorized shares of preferred stock, of which none were issued and outstanding. All of such outstanding shares of capital stock of the Company and the Conversion Shares, are, or upon issuance will be, duly authorized, validly issued, fully paid and non-assessable. No shares of capital stock of the Company are subject to preemptive rights or any other similar rights of the shareholders of the Company or any liens or encumbrances imposed through the actions or failure to act of the Company. As of the effective date of this Agreement, other than as publicly announced prior to such date and reflected in the SEC filings of the Company (i) there are no outstanding options, warrants, scrip, rights to subscribe for, puts, calls, rights of first refusal, agreements, understandings, claims or other commitments or rights of any character whatsoever relating to, or securities or rights convertible into or exchangeable for any shares of capital stock of the Company or any of its Subsidiaries, or arrangements by which the Company or any of its Subsidiaries is or may become bound to issue additional shares of capital stock of the Company or any of its Subsidiaries, (ii) there are no agreements or arrangements under which the Company or any of its Subsidiaries is obligated to register the sale of any of its or their securities under the 1933 Act and (iii) there are no anti-dilution or price adjustment provisions contained in any security issued by the Company (or in any agreement providing rights to security holders) that will be triggered by the issuance of any of the Securities. The Company has furnished to the Buyer true and correct copies of the Company’s Certificate of Incorporation as in effect on the date hereof (“Certificate of Incorporation”), the Company’s By-laws, as in effect on the date hereof (the “By-laws”), and the terms of all securities convertible into or exercisable for Common Stock of the Company and the material rights of the holders thereof in respect thereto.

assistant: Capitalization