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: downtown at the polygraph.” Defense counsel continued the examination until Judge Morrissey called for a sidebar. Considering any error to have been harmless, Judge Morrissey denied defendant’s motion for a mistrial. Judge Morrissey then admonished Pienta not to again make mention of any polygraph. The jury was not instructed because defense counsel indicated that he wanted the subject to be minimized. Under the law-of-the-case doctrine, generally, a rule established as controlling in a particular case will continue to be the law of the case, as long as the facts remain the same. (14 Ill. L. & Prac. Law of the Case §74, at 233 (1968); see PSL Realty Co. v. Granite Investment Co. (1981), 86 Ill. 2d 291, 312; Bradley v. Howard Hembrough Volkswagen, Inc. (1980), 89 Ill. App. 3d 121, 124 (<HOLDING>); see also Christianson v. Colt Industries Options: A. holding court is bound by views of law in its previous opinion in a case unless the facts presented require a different interpretation B. holding that appellate court is not bound by the agencys interpretation of a statute or its determination of a strictly legal issue C. holding that court is bound by prior panels interpretation of supreme court decision D. holding that agency is bound by its regulations E. holding that claim preclusion did not apply even though the legal theory at issue in that case was addressed in a previous case because the case at issue was based on a different set of operative facts

assistant: The best answer is A. holding court is bound by views of law in its previous opinion in a case unless the facts presented require a different interpretation
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: Defendants reason that “Plaintiff does not identify any such facts with respect to any of [the Individual Defendants],” or “a single concrete action that any Individual Defendant performed, much less one expressly directed towards New Jersey.” Def.’s Reply Mem. Supp. Mot. to Dismiss, at 12; 14. While it is true that Plaintiffs allegations involving all of the Individual Defendants are scant, “when the court does not hold an eviden-tiary hearing on the motion to dismiss, the plaintiff need only establish a prima facie case of personal jurisdiction and the plaintiff is entitled to have its allegations taken as true and all factual disputes drawn in its favor.” Miller Yacht Sales, Inc., 384 F.3d at 97 (emphasis added) (citing Pinker v. Roche Holdings Ltd., 292 F.3d 361, 368 (3d Cir. 2002) (<HOLDING>); Carteret Sav. Bank, FA, 954 F.2d at 142 n.l). Options: A. holding that in the absence of an adverse credibility determination the court must accept petitioners testimony as true B. holding that when deciding a motion for judgment on the pleadings the court must construe the material allegations in the complaint in favor of the nonmoving party as true C. holding that for purposes of a class certification motion the court must accept as true all factual allegations in the complaint and may draw reasonable inferences therefrom D. recognizing the courts obligation to assume all factual allegations to be true and to draw all reasonable inferences in plaintiffs favor E. holding that when ruling on a rule 12b2 motion the court must accept all of the plaintiffs allegations as true and construct disputed facts in favor of the plaintiff

assistant: The best answer is E. holding that when ruling on a rule 12b2 motion the court must accept all of the plaintiffs allegations as true and construct disputed facts in favor of the plaintiff
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: Notwithstanding any of the representations, warranties, acknowledgments or agreements made herein by the undersigned, the undersigned does not thereby, or in any manner, waive any rights granted to it under applicable securities laws.

assistant: No Waivers
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: J.). Accordingly, the Court only discusses those facts that are essential to the resolution of the instant motion. The case arises out of Aristocrat’s issuance of US$130,000,000 of 5% convertible bonds, due May 2006, to qualified institutional buyers. Aristocrat filed this suit as a declaratory action on December 20, 2004, alleging that but for a scrivener’s error, Aristocrat would have been able to redeem the bonds on November 22, 2004, its notice and call would have been effective on December 20, 2004, and Aristocrat would have terminated the Bondholders’ right to convert. In its August 12, 2005, Opinion and Order, this Court found that Aristocrat’s December 20, 2004, communication did not constitute an effective call for redemption, and the Bondh 6 U.S. Dist. LEXIS 80055, at *10-11 (<HOLDING>). The Court, however, denied the Bondholders’ Options: A. holding to that effect with respect to rule 64 B. holding the same with respect to an apartment C. holding that aristocrat is in breach with respect to deutsche bank ag london branch D. holding language sufficient to override antialienation provisions of internal revenue code with respect to pension fund E. holding that aristocrat is in breach with respect to qvt fund lp

assistant: The best answer is E. holding that aristocrat is in breach with respect to qvt fund lp
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 Company has maintained commercially reasonable practices to protect the confidentiality of the Company’s confidential information and trade secrets and has required any employee or third party with access to the Company’s confidential information to execute enforceable contracts requiring them to maintain the confidentiality of such information and use such information only for the benefit of the Company. All current and former employees of the Company who contributed to the Company Technology that is incorporated in any product or service of the Company have executed contracts that assign to the Company all of such Person’s respective rights, including Intellectual Property Rights relating to such product or service.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: homestead exemption applies retroactively. See Certification at 2 n.l; cf. In re Pappas, 207 B.R. 379, 381-82 (2d Cir. BAP1997) (discussing disputed question of bankruptcy law suitable for interlocutory review). There is no showing, furthermore, that evaluation of the bankruptcy court’s decision at this time would lead to a more rapid resolution of the case, in part because the decision does not appear to be either manifestly correct or manifestly incorrect. The 2005 amendment to the C.P.L.R. is plausibly remedial within the meaning of McKinney’s Statutes § 54. See In re Little, No. 05-68281, at *21-22. Moreover, it is unlikely that the retroactive application of New York’s homestead exemption would violate the Contracts Clause. Cf. In re Seltzer, 104 F.3d 234, 235-37 (9th Cir.1996) (<HOLDING>). In sum, we think that prior consideration by Options: A. holding retroactive application B. holding that the retroactive application of a nevada exemption did not violate the contracts clause C. holding that the act is not retroactive D. recognizing that the application of a retroactive amendment is discretionary E. holding no retroactive application

assistant: The best answer is B. holding that the retroactive application of a nevada exemption did not violate the contracts clause
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: seat with his foot. Both defendants denied this. This testimony is not credible because a CB is not illegal, and there would have been no motivation to hide it under a seat. Instead, it was in front of the console on the floor where the documents were kept. Stark moved the CB when he went into the console to retrieve the papers. Finally, defendants gave a consistent story that they were traveling to Vermont to go mountain-biking and offered proof, including the mountain bikes. The government argues that th 1, 100 S.Ct. 2752, 65 L.Ed.2d 890 (1980) (expressing concern in the airport search context about a drug courier profile that would “describe a very large category of presumably innocent travelers who would be subject to v ted States v. Garcia, 897 F.2d 1413, 1418-19 (7th Cir.1990) (<HOLDING>); United States v. Miller, 821 F.2d 546, 549 Options: A. holding that defendant who was a passenger in a car had joint constructive possession of drugs found next to the defendants luggage in truck of car even where she disclaimed ownership of the drugs B. holding that because the government was unable to prove that a truck in which illegal drugs were discovered was stolen the driver and passenger had standing to challenge the search C. holding a driver had standing to suppress the drugs found in the underwear of the drivers passenger during an unreasonably prolonged roadside stop of both driver and passenger D. holding that the consent of the driver was invalid when the officer knew that the passenger was the owner of the automobile E. holding that the driver of a car who had permission to use the car had standing to challenge its search

assistant: The best answer is B. holding that because the government was unable to prove that a truck in which illegal drugs were discovered was stolen the driver and passenger had standing to challenge the search
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: over the conduct of non-Indians on fee land when the conduct “threatens or has some direct effect on the political integrity, the economic security, or the health or welfare of the tribe.” Id. at 566, 100 S.Ct. at 1258 (the “tribal interest” test). Yakima Nation asserts that we should apply the Colville test and hold that it has authority to zone non-Indian fee land under that test. Because we conclude that Yakima Nation has authority under the more stringent tribal-interest test employed in Montana, we need not determine whether the Colville analysis is appropriate to determine tribal authority over non-Indians. We recently held that “[i]t is beyond question that land use regulation is within the Tribe’s legitimate sovereign authority over its lands.” Segundo, 813 F.2d at 1393 (<HOLDING>). Zoning, in particular, traditionally has been Options: A. holding city could not enforce through administrative adjudication a city ordinance limiting vehicle weight B. holding that a plaintiff had standing to attack an entire ordinance including portions of the ordinance not applied to the plaintiff C. holding that a city could not apply its rent control ordinance in conflict with tribal ordinance to nonindians on reservation trust land D. holding that the plaintiffs due process challenge to a city ordinance was barred because it was inextricably intertwined with a statecourt ruling that plaintiff lacked standing to challenge the ordinance E. holding city ordinance preempted by state law because ordinance prohibited act specifically allowed under state law

assistant: The best answer is C. holding that a city could not apply its rent control ordinance in conflict with tribal ordinance to nonindians on reservation trust land
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 Seller and each Other Seller shall jointly and severally reimburse, hold harmless, indemnify and defend Buyer, its successors and assigns and their respective agents, employees, officers, trustees, members and retirants and the Property and the Community from and against any and all obligations, liabilities, claims, liens or encumbrances, demands, losses, damages, causes of action, judgments, costs and expenses asserted by third parties (including attorneys’ fees), whether direct, contingent or consequential and no matter how arising (“ Losses and Liabilities ”) in any way (i) related to the Property and/or the Community and arising or occurring prior to the Closing, including for any Seller Retained Liabilities (which for the avoidance of doubt, shall include the matters set forth on Schedule 7.1.6 ); (ii) related to or arising from any act, conduct, omission, contract or commitment of either Seller related to the Property or the Community Employees; or (iii) resulting from any breach or inaccuracy of representation or warranty or other breach or default by either Seller under this Agreement.

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: 2 (emphasis added). In its Clarification, the FCC freed itself of this deadline, continuing to state that the order would last until the Fourth FNPRM but giving no time period in which that would occur. Clarification, 15 FCC Red 9587, at ¶ ¶ 1, 35. We hold that this extension newly aggrieved CompTel and thus made its petition timely. See Sam Rayburn Dam Elec. Coop. v. Fed. Power Comm’n, 515 F.2d 998, 1007 (D.C.Cir.1975) (stating that where a party was “aggrieved” by a later interpretation of a rule that it could not have reasonably anticipated, the time limit starts to run at the later event). Cases have held that extension of a temporary order may entitle the parties to seek judicial review of the order. See Public Citizen v. Nuclear Regulatory Comm’n, 901 F.2d 147, 151 (D.C.Cir.1990) (<HOLDING>); Illinois Cent. Gulf R.R. v. Interstate Options: A. holding that an alien who procured permanent resident status byconcealing his ineligibility had not been lawfully admitted for permanent residence B. holding that where a temporary order is later made permanent the permanent order may be challenged C. holding that the phrase permanent shutdown is unambiguous and can only mean a permanent cessation of plant operations rather than the uneventful transfer of ownership D. holding it was error for the court to issue a permanent injunction at a hearing to show cause why a temporary restraining order should not be continued via a preliminary injunction E. holding an order that was interlocutory in form to be final in substance where the force and effect of the order was tantamount to a permanent injunction depriving complainant of a recognized property right

assistant: The best answer is B. holding that where a temporary order is later made permanent the permanent order may be challenged
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: central inquiry under the statute is “whether the second action asserts a cause of action which arises out of the transaction or occurrence which was the subject matter of the first action.” See id.; La.Rev.Stat. Ann. § 13:4231 cmt. (a). Here, Portimex’s claims against Zen-Noh in the Mexican litigation satisfy all of the elements for res judicata under section 13:4231. Portimex’s Mexican litigation involves the same parties and claims on the same transactions that Portimex litigated to final, valid judgments in the first action. Specifically, Portimex’s breach of contract claims in Mexico arise out of the same two contracts for the sale of sorghum that were the subject matter of the litigation in this Court. Further, Portimex has not argu erv. Corp., 421 F.2d 1313, 1318 (5th Cir.1970) (<HOLDING>). Because Portimex has not shown that its suit Options: A. holding that to the extent plaintiffs present action is based on conduct subsequent to the original action it is not barred by the prior litigation B. holding that a class action tolls the statute of limitations only for subsequent individual actions not for subsequent class actions C. holding that the public harm requirement applies to fraudulent inducement claims because the fraud claims arise from related contract claims D. holding that since defendant failed to timely remove the original complaint which was removable based on federal question jurisdiction defendant thereby waived its right to file a subsequent removal even though the complaint was amended to add a new federal claim where the amendment to the complaint did not change the nature of the action so as to constitute a substantially new suit since the new allegations and claims were not substantially different from those in the original complaint E. holding that new claims for damages could arise from actions that occurred subsequent to the judgment in the original action

assistant: The best answer is E. holding that new claims for damages could arise from actions that occurred subsequent to the judgment in the original action
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: It was undisputed, ho nkruptcy petition on March 7, 2001. The petition scheduled the Board as a priority creditor in the estimated amount of $10,000. The bankruptcy court then sent the Board official notice of the petition. The notice indicated that the meeting of creditors would be held on April 19, 2001, and that the claims bar date for governmental claims was September 3, 2001. The parties do not dispute that this notice complied with the requirements of the Bankruptcy Code. Moreover, the Board does not contend that it did not receive this official notice. Therefore, like the creditor in Gregory, the Board received constitutionally adequate notice of its right to payment — in the form of the official notice mandated by the Bankruptcy Code — and it ignored the Joyes’ bankruptcy 88) (<HOLDING>). Moreover, as the Joyes correctly point out, Options: A. holding that a creditor who had received actual notice of a bankruptcy proceeding through his counsel did not suffer a due process violation because he had notice in time to file a complaint or at least to file a timely motion for an extension of time B. holding that where an action is brought by the debtors at the initial proceeding the appeal of that action is not a continuing proceeding against the debtors C. holding that because creditor did not file a proof of claim on a prepetition contract matter the peculiar powers of the bankruptcy court had not been invoked D. holding pursuant to bankruptcy rule 7004b9 that because the creditor mailed the complaint and summons to the debtors attorney and to the address listed in the debtors bankruptcy petition service of process was sufficient even if the debtors were out of the country and did not actually receive notice of the complaint and summons E. holding that the operative fact is whether or not the creditor has notice of the debtors bankruptcy proceeding in time to file a timely proof of claim

assistant: The best answer is E. holding that the operative fact is whether or not the creditor has notice of the debtors bankruptcy proceeding in time to file a timely 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: The Executive shall be entitled to receive prompt reimbursement of all expenses reasonably incurred by him in connection with the performance of his duties hereunder, in each case in accordance with policies established by the Board from time to time and upon receipt of appropriate documentation. Upon the Executive’s termination of employment (as provided in, and subject to the provisions of, Section 4 ), any outstanding reimbursement requests must be submitted promptly and payment shall occur thereafter but no later than December 31st of the calendar year following the calendar year in which such expenses were incurred.

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: This Agreement, together with any documents (including Schedules and Exhibits), instruments and certificates explicitly referred to herein, constitutes the entire agreement among the Parties hereto with respect to the subject matter hereof and supersedes any and all prior discussions, negotiations, proposals, undertakings, understandings and agreements, whether written or oral, with respect thereto.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Any Lender may at any time, without the consent of, or notice to, the Borrower or the Administrative Agent, sell participations to any Person (other than a natural Person (or a holding company, investment vehicle or trust for, or owned and operated for the primary benefit of a natural Person), a Defaulting Lender or Holdings, the Borrower or any of the Borrower’s Affiliates or Subsidiaries) (each, a “ Participant ”) in all or a portion of such Lender’s rights and/or obligations under this Agreement (including all or a portion of its Commitment and/or the Loans (including such Lender’s participations in L/C Obligations and/or Swingline Loans) owing to it); provided that (i) such Lender’s obligations under this Agreement shall remain unchanged, (ii) such Lender shall remain solely responsible to the other parties hereto for the performance of such obligations and (iii) the Borrower, the Administrative Agent, the Lenders and the L/C Issuer shall continue to deal solely and directly with such Lender in connection with such Lender’s rights and obligations under this Agreement. For the avoidance of doubt, each Lender shall be responsible for the indemnity under Section 11.04(c) without regard to the existence of any participation.

assistant: Participations
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 provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns permitted hereby, except that neither Borrower nor any other Loan Party may assign or otherwise transfer any of its rights or obligations hereunder without the prior written consent of Agent, the L/C Issuer and each Lender and no Lender may assign or otherwise transfer any of its rights or obligations hereunder except (i) to an assignee in accordance with the provisions of subsection (b) of this Section, (ii) by way of participation in accordance with the provisions of subsection (d) of this Section, or (iii) by way of pledge or assignment of a security interest subject to the restrictions of subsection (f) of this Section (and any other attempted assignment or transfer by any party hereto shall be null and void). Nothing in this Agreement, expressed or implied, shall be construed to confer upon any Person (other than the parties hereto, their respective successors and assigns permitted hereby, Participants to the extent provided in subsection (d) of this Section and, to the extent expressly contemplated hereby, the Related Parties of each of Agent, the L/C Issuer and the Lenders) any legal or equitable right, remedy or claim under or by reason of this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Any action seeking to enforce any provision of, or based on any matter arising out of or in connection with, this Agreement or the transactions contemplated hereby or thereby shall be brought in and determined exclusively by the state courts in San Diego County in the State of California (or in the event of exclusive federal jurisdiction, the courts of the Southern District of California), and each of the Parties hereby consents to the jurisdiction of such courts in any such action. In no event shall either Party have any right to recover from the other Party any consequential damages as to any matter under, relating to or arising out of this Agreement or the transactions contemplated hereby .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed in counterparts (including by means of electronic or facsimile transmissions), each of which shall be deemed an original, but both of which, together, shall constitute one and the same instrument.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as otherwise set forth in Schedule 4.01(j) , on the Effective Date, each Originator owns all licenses, patents, patent applications, copyrights, service marks, trademarks, trademark applications and trade names which are necessary to continue to conduct its business as heretofore conducted by it, now conducted by it and proposed to be conducted by it, each of which is listed, together with United States Patent and Trademark Office or United States Copyright Office application or registration numbers (or similar information for foreign registration or applications). Each Originator conducts business without infringement or claim of infringement of any license, patent, copyright, service mark, trademark, trade name, trade secret or other intellectual property right of others, except where such infringement or claim of infringement, individually or in the aggregate, could not have or result in a Material Adverse Effect. Except as set forth in Schedule 4.01(j) , to each Originator’s knowledge, there is no infringement or claim of infringement by others of any material license, patent, copyright, service mark, trademark, trade name, trade secret or other intellectual property right of such Originator, except where such infringement or claim of infringement, individually or in the aggregate, could not have or result in a Material Adverse Effect.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: for its end of the bargain, but the immediate benefit flowed to Dr. Cravens individually, not back to Willmar. See In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 129 (Tex.2004) (“As a rule, parties have the right to contract as they see fit as long as their agreement does not violate the law or public policy.”). Because Willmar and the Partnership clearly intended to secure a benefit for Dr. Cravens and contracted directly for his benefit, we hold that Dr. Cravens was not prohibited from securing a judgment against Appellants individually for statutory fraud under business and commerce code section 27.01. See' MCI Telecomms. Corp. v. Tex. Utils. Elec. Co,, 995 S.W.2d 647, 651 (Tex.1999) (describing contours of third-party beneficiary status); AVCO Corp.,. 251 S.W.3d at 653-54 (<HOLDING>). We overrule the RCC Appellants’ issue 2a and Options: A. holding that insureds widow as beneficiary of life insurance policy had standing as an injured person under the insurance code B. recognizing ability of beneficiary to claim exemption in bankruptcy C. holding that lack of justiciable interest resulted in lack of standing to pursue claim and that lack of standing deprived the trial court of jurisdiction to act D. holding that an incidental beneficiary does not have standing to sue for breach of a contract E. holding that affiliate entity had standing to pursue fraudulent inducement claim as beneficiary of second addendum to master supply agreement

assistant: The best answer is E. holding that affiliate entity had standing to pursue fraudulent inducement claim as beneficiary of second addendum to master supply agreement
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 the pleadings focused on the allegations in the complaint, whereas the court’s analysis of the motion for summary judgment looked to the evidence presented in the light most favorable to Mr. Springer. See Behrens v. Pelletier, 516 U.S. 299, 809, 116 S.Ct. 834, 133 L.Ed.2d 773 (1996). Due to the difference in analysis, [1]t is clear that a defendant may assert qualified immunity through a motion to dismiss, take an appeal from the denial of such a motion, and if the appeal is resolved unfavorably to him, renew the issue of qualified immunity by way of a motion for summary judgment, appealing once again, if necessary, from the denial of the summary judgment motion. Walker v. City of Orem, 451 F.3d 1139, 1146 n. 5 (10th Cir.2006); see also Behrens, 516 U.S. at 306-11, 116 S.Ct. 834 (<HOLDING>). Next, Mr. Springer argues that we lack Options: A. holding that an interlocutory appeal lies from a denial of summary judgment on a qualified immunity claim B. holding that a denial of a motion for partial summary judgment is interlocutory and subject to revision at discretion of the court C. recognizing that the denial of qualified immunity at the dismissal stage does not preclude a renewal of that defense at summary judgment after further factual development has occurred D. recognizing that interlocutory appeals are permitted both at appeal of denial at dismissal stage and at later appeal of denial of summary judgment after further factual development E. holding that denial of motion for summary judgment is interlocutory even though trial judge had stated that there was no just reason for delay because denial of motion for summary judgment was not a final determination of defendants rights and the appeal did not affect defendants substantial rights

assistant: The best answer is D. recognizing that interlocutory appeals are permitted both at appeal of denial at dismissal stage and at later appeal of denial of summary judgment after further factual development
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 law applicable to any arbitration pursuant to this Agreement, shall be the Federal Arbitration Act (90 U.S.C §1 et seq.), and, to the extent not inconsistent therewith and not inconsistent with this Agreement, the Revised Uniform Arbitration Act as promulgated by the National Conference of Commissioners on Uniform State Laws. If any applicable and enforceable state or federal law imposes additional or different requirements, those requirements shall be met and the other provisions in this Agreement not inconsistent therewith shall be valid and enforceable to the maximum permissible extent.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: with equal force here. The officer did not violate defendants’ Article I, section 9, rights when he examined the garbage that the sanitation company had collected from defendants and turned over to him. The decision of the Court of Appeals and the judgment of the circuit court are affirmed. 1 Because the Fourth Amendment to the United States Constitution does not prohibit the police from searching a person’s garbage after the sanitation company has collected it, California v. Greenwood, 486 US 35, 108 S Ct 1625, 100 L Ed 2d 30 (1988), defendants have based their argument solely on Article I, section 9, of the Oregon Constitution. 2 A person may have a right to possess property that he or she does not own. See Wisbey v. Nationwide Mut. Ins. Co., 264 Or 600, 603, 507 P2d 17 (1973) (<HOLDING>). In this case, the trial court found that Options: A. holding that police officer could reasonably have impounded defendants vehicle either because there was no known individual immediately available to take custody of the car or because the car could have constituted a nuisance in the area in which it was parked B. recognizing that the plaintifflawfully could have possessed a car without owning it C. holding that there was probable cause for arrest where officers knew defendants had recently been with suspected drug dealer officers saw defendants car being maneuvered so as to indicate that surveillance had been detected and when officers approached car defendant attempted to place package under car and then pulled the package back inside the car and closed and locked the car door D. holding that the driver of a car who had permission to use the car had standing to challenge its search E. holding that plaintiffs who were in the car during car accident could recover for emotional damages because they were within zone of danger

assistant: The best answer is B. recognizing that the plaintifflawfully could have possessed a car without owning it
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: we attempt to be as accurate as possible and to eliminate errors in relation to our services ; however , we do not represent or warrant that any service descriptions or pricing information are accurate , complete , reliable , current or error-free .

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: when you book international travel reservations with third-party suppliers or plan international trips using this website , you are responsible for ensuring that you meet all foreign entry requirements and that your travel documents , including passports and visas , are in order .

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: possibilities among various offenders. Felons placed on probation with the first six months to be served in county jail are regarded by the sentencing judge as less serious offenders than those felons sentenced to the penitentiary with no probation. As indicated by the court in Burton, “felons [sentenced to the penitentiary] are in greater need of rehabilitation and need a greater incentive, in the form of good time credits, to get them to conform their behavior to what society will accept.” Burton, 100 Ill. App. 3d at 1023. The good-time credit programs are designed to promote prison discipline; therefore, it is reasonable that persons who are subjected to a penitentiary sentence may need more incentives to conform their behavior to prison rules. Burton, 100 Ill. App. 3d at 1024 (<HOLDING>). We conclude the legislature’s decision to Options: A. holding that youthful offender could be sentenced in excess of six year cap where probation violation was substantive in that he committed several criminal offenses B. holding that under goodtime credit rules it was constitutional for a felon sentenced to one year in the illinois department of corrections to be released before a misdemeanant sentenced to six months in a county jail C. holding that a defendant must be granted credit for time served in any institution serving as the functional equivalent of a county jail D. holding that jail records can properly be considered in determining jail credit issues raised pursuant to rule 3800a E. holding that a person who was a juvenile at the time of the offense cannot be sentenced to death

assistant: The best answer is B. holding that under goodtime credit rules it was constitutional for a felon sentenced to one year in the illinois department of corrections to be released before a misdemeanant sentenced to six months in a county jail
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 will, and will cause each of its Subsidiaries to, maintain insurance which is consistent with the representation contained in Section 5.16 on all their Property and the Borrower will furnish to any Lender upon reasonable request full information as to the insurance carried.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Borrowers shall give prompt notice to the Agent of any litigation or governmental proceedings of a material nature pending or threatened in writing against any Property, any Borrower or any Guarantor, which, in the case of any action, suit or proceeding against any Guarantor, is reasonably likely to affect such Guarantor’s ability to perform its obligations under the Loan Documents.

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: to their own interests. Republic of the Philippines v. Westinghouse Elec. Corp., 714 F.Supp. 1362, 1371 n. 3 (D.N.J.1989). The adverse domination theory initially gained prominence in failed bank and thrift litigation. See generally Matthew G. Dore, Statutes of Limitation and Corporate Fiduciary Claims: A Search for Middle Ground on the Rules/Standards Continuum, 63 Brook. L.Rev. 695, 713-14 (1997). At the same time, the FDIC began to argue with limited success that the doctrine should serve to toll notice provisions relating to discovery of loss in insurance policies that covered failed financial institutions. See, e.g., FDIC v. Oldenburg, 34 F.3d 1529, 1544 (10th Cir.1994)(citing cases); California Union Ins. Co. v. American Diversified Sav. Bank, 948 F.2d 556, 565 (9th Cir.1991)(<HOLDING>). In making his argument, the Trustee relies Options: A. holding that the general equitable tolling doctrine is read into every statute of limitations B. recognizing doctrine C. recognizing the validity of the doctrine but holding no equitable tolling on the facts presented D. recognizing difference between tolling and equitable estoppel E. holding that the 120day filing period is subject to equitable tolling and addressing circumstances warranting equitable tolling

assistant: The best answer is C. recognizing the validity of the doctrine but holding no equitable tolling on the facts presented
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: Enter into any transaction of any kind with any Affiliate of the Borrower, whether or not in the ordinary course of business, other than on fair and reasonable terms substantially as favorable to the Borrower or such Subsidiary as would be obtainable by the Borrower or such Subsidiary at the time in a comparable arm’s-length transaction with a Person other than an Affiliate; provided that the foregoing restriction shall not apply to (a) transactions (i) between or among the Loan Parties (not involving any other Affiliate) and (ii) between or among the Subsidiaries that are not Loan Parties (not involving any Loan Party or any other Affiliate), (b) other transactions between or among any two or more of the Borrower and the Subsidiaries that are permitted under Section 7.03 , 7.04 or 7.05 , (c) the Permitted Receivables Facilities, (d) employment and severance arrangements or other Plans with or between the Borrower or any Subsidiary and its officers and employees in the ordinary course of business, (e) the payment of customary fees and indemnities to directors, officers and employees of the Borrower and its Subsidiaries in the ordinary course of business, (f) Restricted Payments permitted by Section 7.06 , (g) any issuances of securities or other payments, awards or grants in cash, securities or otherwise pursuant to, or the funding of, employment agreements, stock options and stock ownership plans and other Plans approved by the Borrower’s board of directors or an authorized committee or delegate thereof and (h) subject to Section 7.14 , any transactions contemplated by the Separation.

assistant: Transactions With Affiliates
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: sentence will not be misused as a substitute for the consideration of parole by the Parole Board.” 516 F.2d at 1289. Likewise, in United States v. Mendoza, 565 F.2d 1285 (5th Cir.1978), the Fifth Circuit noted that limiting the retention of Rule 35 jurisdiction to a reasonable time “should prevent the possibility, however remote, of a district court usurping the function of the Parole Board. .. . ” Id. at 1291. Most recently, in United States v. Kajevic, 711 F.2d at 767, the Seventh Circuit held that “[wjhen a district judge delays action on a Rule 35(b) motion till long after the expiration of the 120 days, for the purpose or with the likely effect of assuming the function of the parole authorities, his delay is unreasonable.” Id. 772. See also United States v. Krohn, 700 F.2d at 1033 (<HOLDING>). In this case, the trial judge purposely Options: A. holding that the defendants sentence was reasonable when the district court considered the parties arguments and provided a reasoned basis for its choice of sentence B. holding that booker does not prohibit the limitations on a judges discretion in reducing a sentence imposed by 3582c2 and the applicable policy statement by the sentencing commission C. holding that twoyear delay was not reasonable D. holding district courts tenmonth delay in reducing defendants sentence was reasonable because court did not deliberately or effectively intervene in matters committed to authority or parole commission E. holding unconstitutional defendants sentence of death based upon the holding in roper supra and remanding for the montgomery circuit court to set aside the defendants death sentence and to sentence him to the only other sentence available life in the penitentiary without the possibility of parole

assistant: The best answer is D. holding district courts tenmonth delay in reducing defendants sentence was reasonable because court did not deliberately or effectively intervene in matters committed to authority or parole commission
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 the date hereof, the authorized capital stock of the Company consists of: (i) 960,000,000 shares of Common Stock, of which approximately 372,790,227 shares are issued and outstanding; and (ii) 10,000,000 shares of preferred stock, of which 0 shares are issued and outstanding. Except as disclosed in the SEC Documents, no shares are reserved for issuance pursuant to the Company’s stock option plans, no shares are reserved for issuance pursuant to securities (other than the Note) exercisable for, or convertible into or exchangeable for shares of Common Stock and 34,821,428 shares are reserved for issuance upon conversion of the Note. All of such outstanding shares of capital stock 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. Except as disclosed in the SEC Documents, as of the effective date of this Agreement, (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 the Note or the Conversion Shares. The Company has filed in its SEC Documents 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. The Company shall provide the Buyer with a written update of this representation signed by the Company’s Chief Executive on behalf of the Company as of the Closing Date.

assistant: Capitalization
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: in particular , apart from in the very limited circumstances set out in paragraph 5.6 of these terms ( applicable to skype 's internet communications software only ) , the software does not allow you to make emergency calls to emergency services .

assistant: None