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

user: Read the legal provision and list the applicable contract clause categories. Provision: Use the proceeds of the Loans and the Letters of Credit only as contemplated by Section 3.12. The Borrowers will not request any Borrowing or Letter of Credit, and the Borrowers shall not use, and shall procure that their Subsidiaries and their or their Subsidiaries’ respective directors, officers, employees, Affiliates and agents shall not use, directly or indirectly, the proceeds of any Borrowing or Letter of Credit, or lend, contribute or otherwise make available such proceeds to any Subsidiary, other Affiliate, joint venture partner or other person, (A) in furtherance of an offer, payment, promise to pay, or authorization of the payment or giving of money, or anything else of value, to any person in violation of any Anti-Corruption Laws or AML Laws, (B) for the purpose of funding, financing or facilitating any activities, business or transaction of or with any Sanctioned Person, or in any Sanctioned Country, or involving any goods originating in or with a Sanctioned Person or Sanctioned Country, in each case except to the extent permissible for a Person required to comply with Sanctions, or (C) in any manner that would result in the violation of any Sanctions by any person (including any person participating in the transactions contemplated hereunder, whether as underwriter, advisor lender, investor or otherwise). The covenants in this Section 5.08 shall not be given by the Borrowers to any Lender which is incorporated in the Federal Republic of Germany (and which has so notified the Administrative Agent) to the extent that the enforcement of such provision by a Lender would (a) violate, conflict with or incur liability under EU Regulation (EC) 2271/96 or (b) violate or conflict with section 7 of the German Foreign Trade Regulation (Außenwirtschaftsverordnung) in connection with section 4 paragraph (1)(a)(3) of the Foreign Trade Law (Außenwirtschaftsgesetz) or any similar anti-boycott statute in force in the Federal Republic of Germany.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Executive acknowledges and agrees that any breach by him of any of the provisions of this Section 9 (the “ Restrictive Covenants ”) would result in irreparable injury and damage for which money damages would not provide an adequate remedy. Therefore, if the Executive breaches or threatens to commit a breach of any of the provisions of Section 9, the Company shall have the ability to seek the following rights and remedies, each of which rights and remedies shall be independent of the other and severally enforceable, and all of which rights and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to the Company under law or in equity (including, without limitation, the recovery of damages): (i) the right and remedy to have the Restrictive Covenants specifically enforced (without posting bond and without the need to prove damages) by any court having equity jurisdiction, including, without limitation, the right to an entry against the Executive of restraining orders and injunctions (preliminary, mandatory, temporary and permanent) against violations, threatened or actual, and whether or not then continuing, of such covenants; and (ii) the right and remedy to require the Executive to account for and pay over to the Company all compensation, profits, monies, accruals, increments or other benefits (collectively, “ Benefits ”) derived or received by him as the result of any transactions constituting a breach of the Restrictive Covenants, and the Executive shall account for and pay over such Benefits to the Company and, if applicable, its affected subsidiaries and/or affiliates. The Executive agrees that in any action seeking specific performance or other equitable relief, he will not assert or contend that any of the provisions of this Section 9 are unreasonable or otherwise unenforceable. Other than a material breach of this Agreement, the existence of any claim or cause of action by the Executive, whether predicated on this Agreement or otherwise, shall not constitute a defense to the enforcement of the Restrictive Covenants.

assistant: Enforcements
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: suspicion of criminal activity, so long as the officers refrain from the type of intimidating behavior that would lead a reasonable person to believe that the person was not free to leave.”). McKinnon argues that, even crediting Gish’s version of events, the encounter was non-consensual, pointing to Gish’s motive to be proactive and “involved in things before they happen” and to Gish’s failure to elicit any information from him before the patdown. But neither Gish’s motive nor Gish’s decision not to ask any questions before requesting a patdown search bears on the pertinent inquiry here, which is whether a reasonable person would have believed that he could not leave the consensual encounter. See United States v. Mendenhall, 446 U.S. 544, 554, 100 S.Ct. 1870, 64 L.Ed.2d 497 (1980) (<HOLDING>); United States v. Peters, 194 F.3d 692, 697 Options: A. holding that in determining whether a seizure has occurred a court must consider if in view of all of the circumstances surrounding the encounter a reasonable person would have believed that he or she was not free to leave B. recognizing that a person has been seized within the meaning of the fourth amendment only if in view of all of the circumstances surrounding the incident a reasonable person would have believed that he was not free to leave C. holding that a person is seized when a reasonable person would have believed that he was not free to leave D. holding that an individuals liberty is restrained only if in view of all the circumstances surrounding the incident a reasonable person would have believed that he was not free to leave E. holding that the defendant was placed in official detention when two police officers approached him and told him that he was under arrest as the defendant could not reasonably have believed that he was free to leave

assistant: The best answer is D. holding that an individuals liberty is restrained only if in view of all the circumstances surrounding the incident a reasonable person would have believed that he was not free to leave
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: those to whom the client owes a fiduciary duty.’ ” Id. at *1 (quoting Ferguson v. Lurie, 139 F.R.D. 362 (N.D.Ill.1991)). The exception applies upon a showing of a fiduciary relation and good cause for overcoming the privilege. Id. To determine good cause, the court considers several factors, including: whether the party seeking the information asserts a colorable claim, whether the information sought is not available elsewhere, whether the information sought is related to past or present actions, and whether the information sought may risk a revelation of trade secrets or other confidential information. Id. (citing Heyman v. Beatrice Co., No. 89 C 7381, 1992 WL 245682, at *2 (N.D.Ill. Sept.23, 1992)). See also Bland v. Fiatallis North America, Inc., 401 F.3d 779, 787 (7th Cir.2005) (<HOLDING>). The Seventh Circuit has not decided whether Options: A. recognizing futility exception in context of 2241 petition B. recognizing fiduciary exception in the erisa context C. recognizing such an exception D. recognizing that fiduciary duties may arise in the insurance context where circumstances are appropriate E. recognizing exception

assistant: The best answer is B. recognizing fiduciary exception in the erisa context
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 KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES (TO THE EXTENT PERMITTED BY APPLICABLE LAW) ANY RIGHTS IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION BASED HEREON, OR ARISING OUT OF, UNDER, OR IN CONNECTION WITH, THIS SUPPLEMENT, THE SERIES 2016-2 NOTES, THE SERIES 2016-2 DEMAND NOTES, THE SERIES 2016-2 LETTER OF CREDIT AND ANY OTHER RELATED DOCUMENTS EXECUTED IN CONNECTION WITH THE ISSUANCE OF THE SERIES 2016-2 NOTES, OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS (WHETHER ORAL OR WRITTEN), OR ACTIONS OF THE PARTIES HERETO. THIS PROVISION IS A MATERIAL INDUCEMENT FOR THE PARTIES HERETO TO ENTER INTO THIS SUPPLEMENT.

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 case excerpt and choose the best holding from the options. Case excerpt: factual findings unless clearly erroneous.” United States v. Danhauer, 229 F.3d 1002, 1005 (10th Cir.2000). We review the district court’s conclusions of law de novo, including its determinations relating to sufficiency of a warrant and whether the Leon good-faith exception should apply. Id. Not all cases require us to resolve the Fourth Amendment question of whether a particular warrant was supported by probable cause. In some cases, resolution of the Fourth Amendment question is “necessary to guide future action by law enforcement officers and magistrates.” Id. (quotation omitted). In more routine cases, however, those that pose no important Fourth Amendment questions, we have discretion to proceed directly to the Leon good-faith analysis. See Leon, 468 U.S. at 925, 104 S.Ct. 3405 (<HOLDING>). We conclude this case falls in the latter Options: A. holding that reviewing courts have discretion to turn directly to the goodfaith issue B. holding that such a decision was within the trial courts discretion C. holding that only a gross abuse of discretion will justify the reviewing court in disturbing the trial courts conclusions D. recognizing that appellate courts that have applied rule 16 have afforded wide discretion to district courts applications of that rule E. holding failure to exercise discretion is abuse of discretion

assistant: The best answer is A. holding that reviewing courts have discretion to turn directly to the goodfaith issue
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: residence on a regular basis for several weeks, and that Martinez gave Curtis an open invitation to spend the night at the house. However, these facts came to the court’s attention by way of defense counsel’s offer of proof as to what Curtis would say if he were to testify. Neither Curtis nor any other witness testified at the suppression hearing regarding Curtis’s relationship with the Martinez residence, and the district attorney disputed the accuracy of these statements. Thus, the totality of the circumstances regarding Curtis’s relationship with the Martinez residence is unknown. Given this uncertainty, the record in this case does not provide a sufficient basis for appellate review, and this case must be remanded for factual findings. See People v. D.F., 933 P.2d 9, 14 (Colo.1997) (<HOLDING>). III. We hold that the district- court erred Options: A. holding that when the party seeking attorneys fees presents some competent substantial evidence supporting the fee yet fails to include some essential evidentiary support the appellate court will reverse and remand the order for additional findings B. holding that this court will only set aside district courts factual findings when they are clearly erroneous C. holding that we will not reverse in the absence of prejudice D. holding that this court will reverse and remand when appellate review of a suppression order is hindered by the absence of factual findings E. holding that the district court had jurisdiction to order restitution of award overturned on appeal even in the absence of a remand from the appellate court

assistant: The best answer is D. holding that this court will reverse and remand when appellate review of a suppression order is hindered by the absence of factual findings
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: expert, Dr. White. Dr. White testified that medical literature supported this theory. Dr. Sander testified that it was Bill’s activity during fire training school that caused the rupture. He testified that, from a cardiac perspective, Bill had been stable up until the training. He had even had “major abdominal surgery” for colon cancer less than a ye rtise and experience as a cardiologist with an active practice that also continues to teach medical students and fellows on cardiological matters as support for the theory that it was possible for a person to experience increased physical stress, have a continuity of symptoms following that increased physical stress, and have a heart attack over 30 hours later. See Crump, 330 S.W.3d at 215-16 (citing Gammill, 972 S.W.2d at 726-27) (<HOLDING>). When an expert’s experience and training is a Options: A. holding that in some cases the relevant reliability concerns may focus upon personal knowledge or experience and that the trial judge must have considerable leeway in deciding how to go about determining whether particular expert testimony is reliable B. holding officer could testify based on his training and experience that a defendants actions were consistent with selling cocaine C. holding that the judge and jury may rely upon common knowledge and experience without proof D. holding experts experience knowledge and training is considered in determining reliability E. holding that reliability is the linchpin in determining the admissibility of identification testimony

assistant: The best answer is D. holding experts experience knowledge and training is considered in determining reliability
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 notice hereunder by either party shall be given by personal delivery or by sending such notice by certified mail, return-receipt requested, or telecopied (by fax, scanned pdf document, or email, in each case with confirmation of delivery), addressed or telecopied, as the case may be, to the other party at its address set forth below or at such other address designated by notice in the manner provided in this section. Such notice shall be deemed to have been received upon the first business day following confirmed delivery.

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: The parties covenant and agree to keep the terms and conditions of the Lease and this Amendment in confidence and expressly agree not to disclose the terms of the Lease or this Amendment to any person whatsoever, including, without limitation, the general public; provided, however, that the parties may disclose such information to their respective employees, attorneys, or accountants provided such recipient agrees to keep such information confidential, as required by this Section 11.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Subject to the provisions of Section 6, the term of employment pursuant to this Agreement (the “Term”) shall be one (1) year from the Effective Date and shall be renewed automatically for periods of one ( 1) year commencing at the first anniversary of the Effective Date and on each subsequent anniversary thereafter unless either the Executive or the Employer gives written notice to the other not less than sixty (60) days prior to the date of any such anniversary of such party’s election not to extend the Term. In the event that the Employer elects to not extend this Agreement on such an anniversary date, the Executive shall be entitled to the benefits described in Section 7(b) below.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All co s t s and expenses incur r e d in connection with the tra n s fer and deli very of the Mortgage Loan s , i n c luding recording fees, fees for title policy endorsements and contin u a t io n s a nd the S e lle r 's attorney ' s fee s , shall be p a id b y the S e l l er. All other co s t s s hall be borne b y the p a rty incurring s uch costs.

assistant: Costs
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: § 1983 plaintiff must prove that the conviction or sentence has been reversed on direct appeal, expunged by executive order, declared invalid by a state tribunal authorized to make such determination, or called into question by a federal court’s issuance of a writ of habeas cor-28 U.S.C. § 2254. 512 U.S. 477, 486-87, 114 S.Ct. 2364, 129 L.Ed.2d 383 (1994) (footnote omitted). Because a judgment in favor of Reed would “necessarily imply the invalidity of his conviction or sentence,” id. at 487, 114 S.Ct. 2364, and because Reed has not “demonstrate[d] that the conviction or sentence has already been invalidated,” id., we conclude that his claim for money damages is likewise not cognizable under § 1983. See also Edwards v. Balisock, 520 U.S. 641, 648, 117 S.Ct. 1584, 137 L.Ed.2d 906 (1997) (<HOLDING>). However, where a prisoner “seek[s] injunctive Options: A. holding that heck is applicable to 1983 suits premised on alleged violations of prison disciplinary procedures B. holding that a state university is not a person within the meaning of 1983 and therefore is not subject to suits brought under 1983 C. holding heck applicable to claims that implicate the validity of civil commitment proceedings D. holding that the proper procedures for challenging the results of a prison disciplinary hearing are appeal administrative review collateral attack or habeas corpus E. holding that there is an exhaustion requirement in 1983 suits asserting violations of the medicaid act

assistant: The best answer is A. holding that heck is applicable to 1983 suits premised on alleged violations of prison disciplinary procedures
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: susceptible to the interpretation that they do”). However, it was appropriate for the court to look to the 1994 Will as an aid to determining whether the 2007 Will was affected by undue influence. See Griffith, 50 Md. at 482 (explaining that a testator’s "declarations in regard to her testamentary intentions ... before the execution of the will and codicil, and before any improper influences are supposed to have operated upon her, are admissible ... either to rebut the charges of fraud and undue influence, by showing that the will is consistent with the long cherished wishes of a testator, or [to show] that it is contrary to well settled convictions of what he thought was a just and proper disposition of his property”); Estate of Gill, 111 Cal.App.2d 486, 244 P.2d 724, 726 (1952) (<HOLDING>). 13 . The 1994 Will did name Amani as trustee Options: A. holding that presumption that respondent exercised undue influence by preparing will that left all of the decedents property to him was amply rebutted by evidence that decedent had made an earlier will ineffective because not witnessed leaving all her property to him and had written him a letter stating that she was leaving all her property to him B. holding that the plaintiffs evidence that his back injury precluded him from performing at least 50 of the jobs previously available to him was enough to classify him as disabled under the ada C. holding that the trial court abused its discretion in denying a motion to substitute counsel on the strength of gonzalezs sworn responses at the pleataking that no one was threatening him or forcing him to plead where the defendant alleged that his attorney forced him to plead guilty and threatened him if he did not take the plea D. holding that defendant had the right to refuse to answer questions put to him by police officer who had called him E. holding that the trial judge must comply with rule 3172c8 and advise all defendants in all cases that the plea may subject him or her to deportation

assistant: The best answer is A. holding that presumption that respondent exercised undue influence by preparing will that left all of the decedents property to him was amply rebutted by evidence that decedent had made an earlier will ineffective because not witnessed leaving all her property to him and had written him a letter stating that she was leaving all her property to him
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 representations, warranties, agreements and covenants contained in or made pursuant to this Agreement, or any Exhibit or Schedule hereto or thereto or any certificate delivered at the Closing, shall survive (and not be affected by) the Closing, but all claims made by virtue of such representations, warranties, agreements and covenants shall be made under, and subject to the limitations set forth in this Article VIII.

assistant: Survival
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: Co., 504 S.W.2d 606, 608 (Tex.Civ.App.-Fort Worth 1973, writ ref'd n.r.e); City of Breckenridge v. Cozart, 478 S.W.2d 162, 164 (Tex.Civ.App.-Eastland 1972, writ ref'd n.r.e.); Texas State Bd. of Barber Exam’rs v. Beaumont Barber College, 454 S.W.2d 729, 731-32 (Tex.1970); City of Coleman, 222 S.W.2d at 648-49. Likewise, the Texas Supreme Court relied on the police power to validate a statute addressing historic water use in Barshop v. Medina County Underground Water Conservation District, 925 S.W.2d 618, 633-34 (Tex.1996). Even if we were to apply the overlay of a police power analysis in the context of limiting corporate liability, the police power remains subject to the limitations imposed by the Constitution upon every power of government. Travelers’ Ins. Co., 76 S.W.2d at 1011 (<HOLDING>). For the police power to trump any Options: A. recognizing that the police power is broad and comprehensive but concluding that the texas constitution forbids its exercise when the result would be the destruction of the rights guarantees privileges and restraints excepted from the powers of government by the bill of rights B. recognizing that an exercise of the police power necessary to safeguard the public safety and welfare can justify impairment of contractual rights and obligations C. holding police power is restricted by constitutional bill of rights D. holding that texas legislature has no police power to violate article i section 16 of the texas constitution because section 29 emphatically and unambiguously excepts this power from the powers of the government of the state of texas E. holding that an exercise by the state of its police power is presumed to be valid when it is challenged under the due process clause of the fourteenth amendment

assistant: The best answer is A. recognizing that the police power is broad and comprehensive but concluding that the texas constitution forbids its exercise when the result would be the destruction of the rights guarantees privileges and restraints excepted from the powers of government by the bill of rights
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 unvested Units will become fully vested and non-forfeitable if, within 12 months after a Change in Control, the Participant separates from service due to Involuntary Termination. For this purpose, Involuntary Termination means that the Participant’s employment is involuntarily terminated without Cause or the Participant terminates his employment for Good Reason. In either case, shares will be issued for such Units on the otherwise applicable Vesting Date, subject to Section 5 below.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: There is no suit, action, litigation, arbitration proceeding, governmental, administrative hearing, or other proceedings (including disciplinary proceedings) including appeals and applications for review, pending or, to the Knowledge of the Company, threatened against or relating to the Company (or its employed or engaged physicians and CRNAs) or the Business or affecting the Company’s properties or Business or the assets of the Company. There is not presently outstanding against the Company (or any of its employed or engaged physicians and CRNAs) any adverse judgment, decrees, injunction, rule or order of any court, governmental department, commission, agency, instrumentality, arbitrator or other Authority. There is not currently, and there has not been, any pending or, to the Knowledge of the Company, threatened investigation with respect to the Company or any of its affiliates (or any of its employed or engaged physicians or CRNAs).

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: Borrower will pay to Bank its reasonable fees, costs and expenses, including, without limitation, reasonable attorneys' fees, other professionals' fees, appraisal fees, environmental assessment fees, expert fees, court costs, litigation and other expense (collectively, "Costs") incurred or paid by Bank in connection with administering and enforcing the Loans and the Loan Documents and the defense, preservation and protection of Bank's rights and remedies thereunder, including without limitation, its security interest in the Collateral or any other property pledged to secure the Loans, whether incurred in bankruptcy, insolvency, foreclosure or other litigation or proceedings or otherwise. The Costs will be due and payable within five (5) days of written demand by Bank. If Borrower fails to pay the Costs upon such demand, Bank is entitled to exercise any remedies set forth herein for nonpayment and may disburse such sums as an advance under the Revolving Loan. Thereafter, the Costs will bear interest from the date incurred or disbursed at the rate set forth in the Notes. This provision will survive the termination of this Agreement and/or the repayment of any amounts due or the performance of any Obligation.

assistant: Costs
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 parties agree that they would be irreparably damaged if any provision of this Agreement was not performed in accordance with its specific terms or was otherwise breached and that any non-performance or breach of this Agreement by any party could not be adequately compensated by monetary damages alone and that the parties would not have any adequate remedy at law. Accordingly, the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the performance of the terms of this Agreement to prevent breaches or threatened breaches of any of the provisions of this Agreement without posting any bond or other undertaking, in addition to any other remedy at law or in equity.

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: The Compensation Committee of the Board of Directors of United Parcel Service, Inc. (“Committee”) hereby amends and restates this Long-Term Incentive Performance Program (“LTIP”) adopted effective as of January 1, 2006, to provide for Awards in the form of Restricted Performance Units (“Units”) pursuant to the United Parcel Service, Inc. 2018 Omnibus Incentive Compensation Plan, as amended from time to time (“ICP”). This document sets forth the rules under which LTIP Awards shall be made and administered. Unless otherwise defined in this document, capitalized terms shall have the meanings set forth in the ICP.

assistant: Effective Dates
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 those damages. See, e.g., Birkenbuel v. M.C.C. Construction Corp., 962 F.Supp. 1805, 1306 (D.Mont.1997) (stating that it is up to the defendant to present evidence that shows the damage computation exceeds $75,000 and finding without such evidence that “it is impossible to say whether the Complaint states a claim for the jurisdictional amount”); see also Garza v. Bettcher Industries, Inc., 752 F.Supp. 753, 763 (E.D.Mich.1990) (discussing examples of specific facts sufficient to establish the jurisdictional minimum including where “plaintiffs medical records revealed that he had undergone four separate surgical procedures for his injury”). Of course, the Defendant also can submit other evidence that may demonstrate the amount in controversy. See, e.g., Cohn, 281 F.3d at 840 (<HOLDING>). But Defendant cannot carry its burden by Options: A. holding that when evaluating a settlement agreement the court is not to substitute its judgment for that of the parties nor is it to run consideration of the adequacy of the settlement into a trial or a rehearsal of the trial rather the cjourts responsibility is to reach an intelligent and objective opinion of the ultimate success should the claims be litigated and to form an educated estimate of the complexity expense and likely duration of such litigation and all other factors relevant to a full and fair assessment of the wisdom of the proposed compromise B. holding that a settlement letter is relevant evidence of the amount in controversy if it appears to reflect a reasonable estimate of the plaintiffs claim C. holding that there must be sufficient competent evidence from which the trier of fact could estimate the amount of damages with a reasonable degree of certainty D. holding that in the event it is not faeiaby apparent from the underlying complaint that the jurisdictional amount has been satisfied the court may rely on summary judgmenttype evidence to ascertain the amount in controversy E. holding that the burden is on defendant as the party invoking removal jurisdiction to establish the existence of a sufficient amount in controversy

assistant: The best answer is B. holding that a settlement letter is relevant evidence of the amount in controversy if it appears to reflect a reasonable estimate of the plaintiffs claim
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 Subordination Agreement shall in all respects be a continuing agreement and shall remain in full force and effect until the earlier of (a) the payment in full of the Senior Obligations and (b) the payment in full in cash of the Subordinated Debt. Upon such payment in full, this Subordination Agreement shall terminate (subject to Section 8.04); provided that the parties hereto agree to each execute such instruments as may be reasonably requested by any other party hereto to further evidence such termination.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: does not violate the Equal Terms Provision if it is narrowly tailored to further a compelling government interest. Other circuits, by contrast, require that a comparator be “similarly situated” to the plaintiff religious assembly or institution with regard to the regulation at issue or to its purpose. For instance, the Third Circuit restricts comparison to “secular assemblies or institutions that are similarly situated [to the religious assembly] as to the regulatory purpose.” Lighthouse Inst. for Evangelism, Inc. v. City of Long Branch, 510 F.3d 253, 266 (3d Cir.2007). The Second Circuit compares the plaintiff religious assembly to a nonreligious assembly “similarly situated for all functional intents and purposes of the regulation.” Elijah Grp., Inc. v. C p. 581 (S.D.N.Y.1982) (<HOLDING>). Ill Do TOL Christian Schools and the Options: A. holding the standard of proof in summary judgment rulings is the same as it would be at trial B. holding that where defendants assertion depends on proof to be offered at trial summary judgment is inappropriate C. holding that an unsworn letter is not proper summary judgment proof D. holding that trial court may not grant summary judgment by default when the movants summary judgment proof is legally insufficient E. holding summary judgment inappropriate to resolve an essentially procedural conflict

assistant: The best answer is B. holding that where defendants assertion depends on proof to be offered at trial summary judgment is inappropriate
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: specifically notify him that the ban on keeping or using firearms in his home lasted ten years, it was coterminous with his probation. This is not so. The prohibition attached automatically, and though it has a notice requirement, lack of notice is not a defense. See Cal. Penal Code § 29810. Though his sentencing court granted Fortson an exception to the ban so he could use and keep guns for his job, the exception was applied only to his possession of guns at his place of work. Fortson alleged no other facts about himself and his background that would distinguish him from any other domestic violence misde-meanant, and thus his as-applied challenge fails. See Chovan, 735 F.3d at 1142; see also Binderup v. Att’y Gen. United States of America, 836 F.3d 336, 346 (3d Cir. 2016) (en banc) (<HOLDING>). Fortson’s other claims were also correctly Options: A. holding that a plaintiff must allege facts that distinguish him from the typical person the ban applies to in order to state an as applied claim B. holding that to prevail on a 1983 claim a plaintiff must allege that the defendant acted under color of state law in other words that there was state action C. holding that in order to allege a strong inference of deliberate recklessness a plaintiff must state facts that come closer to demonstrating intent as opposed to mere motive and opportunity D. holding that the burden is on the plaintiff to allege facts sufficient to establish jurisdiction E. holding a plaintiff must allege the violation of a right secured by the constitution and laws of the united states to state a claim under 1983

assistant: The best answer is A. holding that a plaintiff must allege facts that distinguish him from the typical person the ban applies to in order to state an as applied claim
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: substantial evidence. Chappell v. Wallace, 462 U.S. 296, 303, 103 S.Ct. 2362, 2367, 76 L.Ed.2d 586 (1983); Sanders v. United States, 219 Ct.Cl. 285, 298, 594 F.2d 804, 811 (1979). Nonetheless, defendant contends that the entire case should be dismissed because it involves issues that are within the discretion of the military. Defendant points out that civilian courts should be reluctant to interfere in military disciplinary decisions. See Chappell, 462 U.S. at 300, 103 S.Ct. at 2365. Therefore, defendant argues that any judicial review in this case would involve an unjustified intrusion into internal military personnel decisions. It is true that certain military decisions are outside the scope of judicial review. See, e.g., Sargisson v. United States, 913 F.2d 918, 922 (Fed.Cir.1990) (<HOLDING>); Voge v. United States, 844 F.2d 776, 780 Options: A. holding sec decision reviewable when commission has reviewed staff decision B. holding that the findings of fact conclusions of law and decision signed by the school board president constituted the decision of the board C. holding that a reviewing court is not to substitute its decision for that of the board D. holding that the decision by a correction board that one officer effectiveness report would not have altered a reserve officers prospects for retention on active duty was not reviewable because there were no tests or standards by which a court could evaluate the decision E. holding that the findings of fact conclusions of law and decision signed by the school boards president constituted the decision of the board

assistant: The best answer is D. holding that the decision by a correction board that one officer effectiveness report would not have altered a reserve officers prospects for retention on active duty was not reviewable because there were no tests or standards by which a court could evaluate the decision
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: betterpoints.uk is not responsible for and does not give any warranties or make any representations regarding the transfer of funds or points to causes ( `` transfer of funds '' ) in any way whatsoever .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as otherwise expressly provided in this Agreement, each Party will pay its own expenses, costs and fees (including legal and other professional fees and costs) incurred in connection with the negotiation, preparation, execution and delivery of this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Upon satisfaction of the conditions set forth in Section 5.1 above, this Amendment shall constitute a legal, valid and binding agreement of such Loan Party, enforceable against it in accordance with its terms, except as such enforceability may be limited by Debtor Relief Laws and by general principles of equity and principles of good faith and fair dealing.

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 case excerpt and choose the best holding from the options. Case excerpt: and could not obtain extradition until after it had procured a conviction of the accused upon a full and substantial trial here. In re Wadge, 15 F. 864, 866 (S.D.N.Y.1883), quoted in In re Extradition of Sindona, 450 F.Supp. 672, 685 (S.D.N.Y.1978). The desire to avoid a full-scale trial embracing credibility issues that would, in any event, be reconsidered by an Indian tribu nal plainly animated Magistrate Hedges determination not to permit petitioners independent discovery of the circumstances of Singh’s confession, which they sought prior to the original hearing, and his refusal to consider to any significant degree petitioners’ more general proffer with respect to the practices allegedly engaged in by Indian police to induce confessions. See In re Singh, 123 F.E.D. at 111, 115, 118 (<HOLDING>). Taking cognizance of rulings already made by Options: A. holding that courts should exercise judicial restraint and decide asapplied challenges before facial challenges B. holding that where the appellants listed challenges in the statement of issues but failed to brief them the challenges were waived C. holding that under elstad the first question that must be answered when determining whether a subsequent confession is tainted by an earlier confession is whether the initial confession was obtained in violation of the defendants fifth amendment rights ie whether it was involuntary or whether the confession was voluntary but obtained in technical violation of miranda D. holding petitioners challenges to singh confession should be made in an indian court E. holding state law applicable to an indian accused of statutory rape of an indian minor occurring offreservation

assistant: The best answer is D. holding petitioners challenges to singh confession should be made in an indian court
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: noted that Plaintiffs’ claims “shall be litigated in federal district court,” and that “[i]f upheld by the court, they shall be paid along with, those claims found in Class 6 above.” In re Club Zippers, Inc., No. 04-11644, Docket No. 31. Thus, it appears as though the bankruptcy court accepted Plaintiffs’ Adversary Proceeding as an informal proof of claim and in evaluating the documents filed in the bankruptcy proceeding the elements of an informal proof of claim are clearly met in this case. Plaintiffs’ Fourth Amended Complaint constitutes a written demand on the debtor’s estate as Plaintiffs state a cause of action against Club Zippers and seek damages for (1) medical expenses, (2) pain and mental anguish, (3) funeral and burial expenses, and (4) loss of future earni 1986) (<HOLDING>). Limiting an informal claim to a complaint to Options: A. holding that a chapter 13 debtor should be able to obtain a copy of his transcript in light of the broader discharge provision of chapter 13 B. holding that complaints against a chapter 7 discharge coupled with objections to a chapter 13 plan of reorganization are sufficient to establish an informal proof of claim C. holding that notwithstanding a debtors inability to obtain a chapter 13 discharge a debtor is nonetheless eligible to file a chapter 13 case D. holding tort action accruing after original chapter 7 petition not part of estate when case converted to chapter 13 and then back to chapter 7 E. holding congress did not intend categorically to foreclose the benefit of chapter 13 reorganization to a debtor who previously has filed for chapter 7 relief

assistant: The best answer is B. holding that complaints against a chapter 7 discharge coupled with objections to a chapter 13 plan of reorganization are sufficient to establish an informal proof of claim
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: To the maximum extent permitted by Applicable Law each of the Buyer and each Seller irrevocably submits to the jurisdiction of (a) the State of Indiana – Hamilton County and (b) the United States District Court for the Southern District of Indiana for the purposes of any suit, action or other proceeding arising out of this Agreement or any transaction contemplated hereby. Each of the Buyer and each Seller further agrees that service of any process, summons, notice or document by U.S. registered mail to such party’s respective address set forth above shall be effective service of process for any action, suit or proceeding in Indiana with respect to any matters to which it has submitted to jurisdiction as set forth above in the immediately preceding sentence. Each of the Buyer and each Seller irrevocably and unconditionally waives any objection to the laying of venue of any action, suit or proceeding arising out of this Agreement or the transactions contemplated hereby in (a) the State of Indiana – Hamilton County and (b) the United States District Court for the Southern District of Indiana, and hereby further irrevocably and unconditionally waives and agrees not to plead or claim in any such court that any such action, suit or proceeding brought in any such court has been brought in an inconvenient forum.

assistant: Submission To Jurisdiction