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: Each of the AMID Entities has been duly incorporated or formed, as the case may be, and is validly existing as a limited liability company, limited partnership or corporation, as the case may be, in good standing under the Laws of its jurisdiction of incorporation or formation, as the case may be, and has the full limited liability company, limited partnership or corporate, as the case may be, power and authority, and has all governmental licenses, authorizations, consents and approvals, necessary to own, lease or hold its Properties and assets and to conduct the businesses in which it is engaged, and is duly registered or qualified to do business and in good standing as a foreign limited liability company, limited partnership or corporation, as the case may be, in each jurisdiction in which its ownership or lease of Property or the conduct of its business requires such qualification, except where the failure to so register or qualify could not reasonably be expected to (i) have, individually or in the aggregate, a material adverse effect on the condition (financial or other), results of operations, securityholders’ equity, Properties or business of the AMID Entities taken as a whole, the ability of the AMID Entities to meet their obligations under the Operative Documents or the ability of the AMID Entities to consummate the transactions under any Operative Document on a timely basis (a “ Material Adverse Effect ”) or (ii) subject the limited partners of AMID to any material liability or disability.

assistant: Existence
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: has provided none. Accordingly, this argument must be rejected as well. D. Conclusion In consideration of the foregoing, the plaintiffs motion for summary judgment is granted as to that portion of the requested relief that has not been mooted by the USTR’s removal of Gilda’s products from the retaliation list. Accordingly, Gilda’s imports of rusks or toasted breads from Spain entered after July 29, 2007 must be liquidated without the 100 percent retaliatory duty described herein. Further, the U.S. Bureau of Customs and Border Protection shall refund to the plaintiff all of the retaliatory duties (described herein) collected on Gilda’s toasted bread imports from Spain between July 29, 2007 and March 23, 2009. See Shinyei Corp. of America v. United States, 355 F.3d 1297 (Fed.Cir.2004) (<HOLDING>). 1 . The plaintiff's motion for summary Options: A. holding that a physical or theoretical possibility that the government actor would repeat challenged actions is insufficient to demonstrate that the challenged action is capable of repetition B. holding that reliquidation is not prohibited where a decision of customs is not being challenged C. holding that it is not D. holding that a sentencing decision will be affirmed if challenged factor is permissible and other factors are not challenged E. holding that the burden is on the defendant when the validity of the warrant is challenged

assistant: The best answer is B. holding that reliquidation is not prohibited where a decision of customs is not being 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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: vivino may also impose limits on certain features and services or restrict your access to parts or all of the service without notice or liability .

assistant: Limitation of liability, Unilateral change
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: you agree not to use the services , content or information to attempt to circumvent the regular operation of the services , or reduce the fees or consideration that we may derive from the services by any means including by creating multiple accounts , redirecting traffic , following other fraudulent or deceptive practices , creating a parallel repository thereof , or seeking to by-pass the services or compete with us .

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: of the circuit court agreed with Corcoran’s due process argument related to BTO Betham and further concluded that the issue was disposi-tive of the entire proceeding. The circuit court concluded in pertinent part: A driver is entitled to request subpoenas for witnesses identified in the documents pertaining to the license suspension and has the right to present evidence relevant to the issues, to cross-examine opposing witnesses, to impeach any witness, and to rebut the evidence presented against the driver. §§ 822.2615(2) and 322.2615(6)(b), Florida Statutes (2012); Rules 15A-6.012(1) and 15A-6.013(5), Fla. Admin. Code. Also, in support of his argument, Cor-coran cites cases, Auzenne v. Dep’t of Highway Safety & Motor Vehicles, 17 Fla. L. Weekly Supp. 1056a (Fla. 9th Cir.Ct.2010) (<HOLDING>) and Amodeo v. Dep’t of Highway Safety & Motor Options: A. holding that it was impermissible for an officer to question a driver about matters unrelated to the traffic stop after the officer had fulfilled the purpose of the stop by issuing a written warning to the driver B. holding that it was error for the hearing officer to refuse to issue a subpoena for the breath test operator who was a relevant witness as he had contact with the driver at or near the time of arrest C. holding that the relevant time is the time of the employment decision D. holding that it was error to allow a police officer who was admitted as a lay witness after a prosecution motion to admit him as an expert was denied for lack of timeliness to give testimony as to a matter about which he had no personal knowledge E. holding that a hearing officer may not quash a subpoena for a fact witness pursuant to section 32226152 florida statutes and rule 15a60135 florida administrative code and the defense has the absolute right to subpoena other witnesses to testify as to whether or not the defendant exhibited any signs of impairment at or near the time of arrest

assistant: The best answer is B. holding that it was error for the hearing officer to refuse to issue a subpoena for the breath test operator who was a relevant witness as he had contact with the driver at or near the time of arrest
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, MLV and FBR each hereby irrevocably waives any right it may have to a trial by jury in respect of any claim based upon or arising out of this amendment or any transaction contemplated hereby.

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: v. Texas Dept. of Criminal Justice-Institutional Division, 33 S.W.3d 338, 341 (Tex.App.-Texarkana 2000, pet. denied). Given that Section 501.008 of the Government Code precludes an inmate from filing suit until he has exhausted his remedies through the grievance system, an inmate’s failure to provide the required information subjects his suit to dismissal. See Smith, 33 S.W.3d at 341. The second purpose served by Section 14.005(a)’s requirements is that the information provided by the inmate will enable the trial court to determine whether the inmate has filed his claim within the time period specified by subsection (b). See Moore v. Zeller, 153 S.W.3d 262, 264 (Tex.App.-Beaumont 2004, pet. denied); but see Francis v. TDCJ-CID, 188 S.W.3d 799, 803-04 (Tex.App.Fort Worth 2006, no pet.)(<HOLDING>). If the inmate does not file his suit within Options: A. holding that even in absence of copy of written decision inmates affidavit and notations on grievance form provided trial court with information necessary to determine whether inmates suit was filed within statutory time period B. recognizing first amendment retaliation claim where official filed a disciplinary report following an inmates filing of a grievance C. holding that inmates have no constitutionallyprotected liberty interest in access to grievance procedure D. holding that even if information in an affidavit was provided in reckless disregard of the truth appropriate course of action is to sever that information from the affidavit and determine whether sufficient information remained in order for the magistrate to find probable cause E. holding that district court erred in dismissing inmates complaint for failure to exhaust administrative remedies when court did not address inmates allegation that prison officials failed to provide necessary grievance forms

assistant: The best answer is A. holding that even in absence of copy of written decision inmates affidavit and notations on grievance form provided trial court with information necessary to determine whether inmates suit was filed within statutory time period
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 PubCo and the Stockholders’ Representative and Sellers shall (a) furnish to the other party in a timely manner such information, documents and other materials as the other party may reasonably request for purposes of making, reviewing or approving any determination or computation necessary or appropriate under this Agreement, preparing any Tax Return or contesting or defending any audit, examination or controversy with any Taxing Authority, (b) make itself and its representatives available to the other party and its representatives to provide explanations of documents and materials and such other information as the requesting party or its representatives may reasonably request in connection with any of the matters described in clause (a) above, and (c) reasonably cooperate in connection with any such matter, and the requesting party shall reimburse the other party for any reasonable documented third-party out-of-pocket costs and expenses incurred pursuant to this Section 4.04.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as set forth on Schedule 3.09, each of the Parent, the Borrower and the Subsidiaries has filed all U.S. Federal income Tax returns and all other tax returns that are required to be filed by it and has paid all material Taxes due pursuant to such returns or pursuant to any assessment received by the Parent, the Borrower or any Subsidiary, except any such Taxes that are being contested in good faith by appropriate proceedings diligently conducted and for which adequate reserves are being maintained in accordance with GAAP. The charges, accruals and reserves on the books of the Parent, the Borrower and the Subsidiaries in respect of Taxes and other governmental charges are, in the opinion of the Parent, adequate. No Tax lien has been filed and, to the knowledge of the Parent or the Borrower, no claim is being asserted with respect to any such Tax or other such governmental charge.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: with the department. Section 84-917 provides that one “aggrieved by a final decision in a contested case” before an administrative agency “shall be entitled to judicial review ... .” Assuming, but not deciding, that the department has jurisdiction to pass upon the rights, if any, which Inner Harbour may have against the department under the latter’s agreement with the adoptive parents, the fact is that the matter was not before the department, and it therefore made no decision, final or otherwise, with respect thereto. That being so, there was no decision for the district court to review in that regard; it was therefore without jurisdiction to issue any orders with respect to the adoption agreement. See Bohling v. State Bd. of Pub. Accountancy, 243 Neb. 666, 501 N.W.2d 714 (1993) (<HOLDING>). Accordingly, the portion of the district Options: A. holding that district court lacked power to decide personal jurisdiction issue already decided by district of columbia superior court B. holding that the district court lacked jurisdiction to review state disciplinary proceedings against attorney C. holding that this court lacked jurisdiction under 46110 for lack of finality and that the district court also lacked jurisdiction because the orders were not final and thus not ripe for review D. holding that in absence of valid final order district court lacked power to review boards action E. holding that this court lacked preliminary authority to review the district courts jurisdiction because there was no immediately appealable order before the court

assistant: The best answer is D. holding that in absence of valid final order district court lacked power to review boards 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 legal provision and list the applicable contract clause categories. Provision: Any reasonable expense, including without limitation, attorneys’ fees, retainers, court costs, transcript costs, fees and expenses of experts, including accountants and other advisors, travel expenses, duplicating costs, postage, delivery service fees, filing fees, and all other disbursements or expenses of the types typically paid or incurred in connection with investigating, defending, being a witness in, or participating (including on appeal), or preparing for any of the foregoing, in any Proceeding (including Indemnitee’s counterclaims that directly respond to and negate the affirmative claim made against Indemnitee (“Permitted Counterclaims”) in such Proceeding), but shall exclude the costs of (a) any of Indemnitee’s counterclaims, other than Permitted Counterclaims, (b) the costs of acquiring and maintaining an appeal or supersedeas bond or similar instrument or (c) the fees and costs of enforcing a right to indemnification or advance payment or reimbursement under any of Sections 2, 4 or 5 of this Agreement, in each case, to the extent reasonable.

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: Any provision of this Guaranty that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.

assistant: Severability
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: It shall be the duty of the Committee to conduct the general administration of the Plan in accordance with its provisions. The Committee shall have the power to interpret the Plan and Award Agreements, and to adopt such rules for the administration, interpretation and application of the Plan as are not inconsistent therewith, to interpret, amend or revoke any such rules and to amend any Award Agreement; provided that the rights or obligations of the Holder of the Award that is the subject of any such Award Agreement are not affected adversely by such amendment, unless the consent of the Holder is obtained or such amendment is otherwise permitted under Section 10.5 or Section 12.10. Any such grant or award under the Plan need not be the same with respect to each Holder.

assistant: Duties
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: under chapter 11 of title 11 for each quarter (including any fraction thereof) until a plan is confirmed or the case is converted or dismissed, whichever occurs first.” 28 U.S.C. § 1930(a)(6) (1988). HEANEY, Senior Circuit Judge, dissenting. I would affirm the bankruptcy court and the district court for the reasons given by them in their opinions. The bankruptcy statutes do not specifically give priority to quarterly trustee’s fees and I do not believe there is a sound reason for giving these fees a priority status over other administrative expenses. In my view, § 726(b) simply gives a superpriority to administrative expenses that arise after a conversion to Chapter 7. See 3 Collier on Bankruptcy ¶ 507.04[1] (L.King ed. 1990); see also In re Wetmore, 117 B.R. 201 (Bankr.W.D.Pa.1990) (<HOLDING>). This is another case in which the trustees Options: A. holding that quarterly fees are administrative expenses like 503b claims and must be subordinated to chapter 7 administrative expenses B. holding that because the quarterly fee payments are not 503b claims chapter 7 administrative expenses and the quarterly fee payments have the same priority C. holding that debtors have the burden of proving that other necessary expenses on form b22c are actual reasonable and necessary expenses and that these expenses should be considered in light of schedule j and other relevant evidence D. holding that an award for medical expenses is proper when the expenses have been incurred but not paid E. recognizing bankruptcy judges have discretion to set bar dates for administrative expenses

assistant: The best answer is A. holding that quarterly fees are administrative expenses like 503b claims and must be subordinated to chapter 7 administrative expenses
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: we have the right to offer , modify , eliminate , and/or terminate trading items , virtual money , virtual goods , the content , and/or the services , or any portion thereof , at any time , without notice or liability to you .

assistant: Content removal, Limitation of liability, Unilateral change
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: we hold the evidence is factually insufficient to meet the standard. Conclusion Although the medical testimony in this case might well have been valid, the Legislature has mandated that more than con-clusory opinions by experts is required before a person may be involuntarily com mitted for inpatient mental health services. Because the evidence adduced by the State at trial is insufficient to establish the elements of section 574.034 of the Health and Safety Code, we sustain C.E.’s second issue. We therefore reverse the judgment of the trial court and remand the cause to the trial court for further proceedings consistent with this opinion. 1 . Although C.E.’s commitment period expired on October 20, 2002, this appeal is not moot. See State v. Lodge, 608 S.W.2d 910, 911 (Tex.1980) (<HOLDING>). 2 . On appeal, C.E. also contends the trial Options: A. holding doctrine of mootness does not apply to appeals from involuntary commitments B. recognizing doctrine C. holding that doctrine does not violate right of confrontation D. holding that doctrine does not violate due process E. holding that the doctrine does not apply in such circumstancesi

assistant: The best answer is A. holding doctrine of mootness does not apply to appeals from involuntary commitments
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: v. State, 589 S.W.2d 424, 426 (Tex.Crim.App.1979) (stating that because state’s counsel had no way of knowing whether defendant would testify, it was not error to comment on defendant’s failure to testify during voir dire). Appellant’s tenth point of error is overruled. In point of error eleven, appellant avers the trial court erred by permitting the State to refer to its client as the “law-abiding citizens of this county.” Appellant asserts that because the State only represents “law- abiding citizens” and is prosecuting him in this case, the comment suggests appellant’s guilt, and is therefore improper. Because appellant failed to preserve his complaint for our review, he has waived this point of error. Tex.R.App. P. 33.1(a); Penry v. State, 903 S.W.2d 715, 741 (Tex.Crim.App.1995) (<HOLDING>). Appellant’s eleventh point of error is Options: A. holding that a defendant who fails to object to an error at a plea colloquy hearing must satisfy the plain error rule B. holding that where the record is insufficient to show that the alleged error occurred the presumption that the trial court acted without error must prevail C. holding under former rule 52a appellant must object to alleged error in the trial court or such error is waived D. holding that appellant failed to preserve error in court reporters failure to make record of trial by failing to object E. holding that where the appellant has failed to demonstrate error the court is not required to search the record for an error

assistant: The best answer is C. holding under former rule 52a appellant must object to alleged error in the trial court or such error is waived
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Notices hereunder shall be in writing and, if to the Company, shall be addressed to the Secretary of the Company at 7950 Jones Branch Drive, McLean, Virginia 22107, and, if to the Employee, shall be addressed to the Employee at his or her address as it appears on the Company’s records.

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: All initially capitalized terms used but not otherwise defined herein have the meanings given to them in the Guaranty and Security Agreement or, if not defined therein, in the Credit Agreement, and this Copyright Security Agreement shall be subject to the rules of construction set forth in Section 1(b) of the Guaranty and Security Agreement, which rules of construction are incorporated herein by this reference, mutatis mutandis .

assistant: Defined 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: This Agreement contains the entire agreement and understanding between the parties with regard to the subject matter hereof, and supersedes all prior and contemporaneous oral or written agreements and representations with respect to such subject matter. This Agreement may be modified or amended only in a writing signed by all parties.

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: The Company and its Affiliates have the authority to deduct or withhold, or require Holder to remit to the Company or the applicable Affiliate, an amount sufficient to satisfy applicable federal, state, local and foreign taxes (including the employee portion of any FICA obligation, if applicable) required by Applicable Law to be withheld with respect to any taxable event arising pursuant to this Agreement. Holder is ultimately liable and responsible for all taxes owed in connection with the Shares, regardless of any action the Company or any Affiliate takes with respect to any tax withholding obligations that arise in connection with the Shares. Neither the Company nor any Affiliate makes any representation or undertaking regarding the treatment of any tax withholding in connection with the awarding, vesting or sale of the Shares. The Company and its Affiliates do not commit and are under no obligation to structure the Award to reduce or eliminate Holder’s tax liability.

assistant: Tax Withholdings
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: group” to mean “a group of persons all of whom share a common, immutable characteristic,” for example, “sex, color, or kinship ties, or in some circumstances it might be a shared past experience such as former military leadership or land ownership.” Matter of Acosta, 19 I. & N. Dec. 211, 233 (BIA 1985). More recently, the agency clarified that “particularity and social distinction” are also required. Matter of W-G-R-, 26 I. & N. Dec. 208, 212 (BIA 2014). Particularity goes to “delineation”: it requires that “terms used to describe the group have commonly accep IA 2008) (concluding that Salvadoran youths who resist gang recruitment are not a cognizable social group because they do not share recognizable and discrete attributes); Matter of S-V-, 22 I. & N. Dec. 1306, 1309-10 (BIA 2000) (<HOLDING>); Matter of Acosta, 19 I. & N. Dec. 211, 233 Options: A. holding that to establish asylum eligibility an applicant must establish that his or her putative persecutor is or could become aware of the applicants possession of the disfavored belief or characteristic B. holding cjonditions of political upheaval which affect the populace as a whole or in large part are generally insufficient to establish eligibility for asylum C. holding that documentary evidence pertaining to the asylum applicant himself and to the events in which he was involved can independently establish facts essential to an asylum claim D. holding that a group of colombian citizens who feared kidnapping due to their wealth did not establish eligibility for asylum E. holding guatemalan military is not a social group qualifying its current and former members for asylum eligibility because they are not subject to statusbased persecution

assistant: The best answer is D. holding that a group of colombian citizens who feared kidnapping due to their wealth did not establish eligibility for asylum
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: map to set the northern boundary for Estate Langmath. Further, Blake argues, Farrington commissioned the Harrigan map. Because Farrington commissioned the Harrigan map, Blake argues, the Superior Court should have estopped Farrington from relying on the Olive map or any document other than the Harrigan map as representing the boundary of Estate Anna’s Retreat. Equitable estoppel, or estoppel in pais, is a doctrine designed to prevent one party from relying to its detriment on the representations of another party. Bechtel v. Robinson, 886 F.2d 644, 650 (3d Cir. 1989). For the doctrine to apply here, Farrington must have misrepresented a material fact to Blake with the intent that Blake would rely on that fact to his detriment. See United States ex rel. K & M Corp. v .D. Tenn. 1982) (<HOLDING>). Farrington merely commissioned Harrigan to Options: A. holding that to assert a viable equal protection claim plaintiffs must first make a threshold showing that they were differently treated from others who were similarly situated to them B. holding noncompete nondisclosure and lease contract agreements were maritime contracts when used in the context of employment aboard an exploration vessel C. holding that architectural drawings were representations when they were used by the party who commissioned them to induce others to enter into lease agreements in a shopping mall D. holding that the lessors interest in the leased property was subject to liens because it was perfectly obvious that the parties knew that the improvements at issue were the pith of the lease and that except for them the lease would not have been executed and because the improvements were essential to the purpose of the lease E. holding that the plaintiffs were not entitled to present testimony that they were induced to enter an automobile lease by promises that they could disregard terms of the lease

assistant: The best answer is C. holding that architectural drawings were representations when they were used by the party who commissioned them to induce others to enter into lease agreements in a shopping mall
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: abnormally dangerous activity, and continuing trespass due to defendants' burial of hazardous water on the property now owned by the funds); New Orleans Sheet Metal Workers’ Local 11 Health and Welfare Fund v. ABC Ins. Co., 1990 WL 103118 (E.D.La. July 16, 1990) (remanding legal malpractice claim by funds against former lawyer and his insurance company to state court). 19 . It bears mention that there is a split between various courts as to whether reliance is a necessary ingredient of proximate cause when a RICO violation is predicated on mail or wire fraud, and the Third Circuit has not yet definitively spoken. The majority of courts, however, require reliance, a requirement that seems eminently sensible. See, e.g., Chisolm v. TranSouth Finan. Corp., 95 F.3d 331, 337 (4th Cir.1996) (<HOLDING>); Central Distributors of Beer, Inc. v. Options: A. holding that plaintiff lacked standing to assert rico claim for mail fraud based on misrepresentations made to third parties B. holding that in the context of mail and wire fraud a plaintiff must have justifiably relied to his detriment on the defendants material misrepresentations C. holding in a civil rico case based upon predicate acts of mail and wire fraud that the plaintiff must plead a material misrepresentation of fact that was calculated or intended to deceive persons of reasonable prudence and comprehension and that the plaintiff relied upon that material misrepresentation to establish the fraud statutes requisite scheme to defraud D. holding direct misrepresentations were not required for mail fraud conviction E. holding that wire and mail fraud statutes are construed identically

assistant: The best answer is B. holding that in the context of mail and wire fraud a plaintiff must have justifiably relied to his detriment on the defendants material misrepresentations
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 language used in this Agreement will be deemed to be the language chosen by the parties to express their mutual intent, and no rules of strict construction will be applied against any party. No specific representation or warranty shall limit the generality or applicability of a more general representation or warranty. Each and every reference to share prices, shares of Common Stock and any other numbers in this Agreement that relate to the Common Stock shall be automatically adjusted for stock splits, stock combinations and other similar transactions that occur with respect to the Common Stock after the date of this Agreement.

assistant: Construction
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: (defining “right” as claim that is “recognized or secured by law.”). In that situation, the triggering event that would vest the right to impose New York’s successor-liability law on Crown would be the entry of a final judgment, not the filing of a suit. See Dickson v. Navarro County Levee Improvement Dist. No. 3, 135 Tex. 95, 139 S.W.2d 257, 259 (1940); Durham Transp. Co. v. Beettner, 201 S.W.3d 859, 875 (Tex.App.-Waco 2006, pet. denied); Walls, 900 S.W.2d at 122; Trahan v. Trahan, 894 S.W.2d 113, 119 (Tex.App.-Austin 1995, writ denied); Houston Chronicle Publ’g Co., 798 S.W.2d at 589; see also Pimienta, 110 F.Supp.2d at 548; Thompson v. Miller, No. 03-98-00627-CV, 1999 WL 549205, at *2, 1999 Tex.App. LEXIS 5538, at *4 (Tex.App.-Austin 1999, no pet.) (not designated for publication) (<HOLDING>). Without a final judgment, Satterfield did not Options: A. holding that claimant was not required to show monetary loss to claimants corporations in order to receive wage loss benefits where claimant was unable to perform his duties and had to reassign other employees to complete his duties even though he had authority to draw wages from the corporation due to his ownership interest B. holding that trial counsel did not abuse its discretion by denying a continuance where appellant failed to specify the evidence which might have been revealed if the continuance had been granted and counsel had been afforded the opportunity to investigate further C. holding that any right claimant might have had to receive certain information prior to statutes amendment was not vested because his lawsuit had not been resolved D. holding that the district court had no right to apply the statute of limitations sua sponte because it had been waived E. holding a claimant who refuses to provide financial information necessary to ascertain whether a claimant is working may have his indemnity benefits suspended until such information is provided

assistant: The best answer is C. holding that any right claimant might have had to receive certain information prior to statutes amendment was not vested because his lawsuit had not been resolved
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: .are sufficiently specific to limit County officials’discretion. Reply at 2-3. Plaintiffs respond that these guidelines ■ create “no limitation on what the commission may consider .... ” Cpp’n at 9. ' Plaintiffs further argue that the standards under Section 17.54.130 are “indistinguishable” from those held to confer unfettered discretion. Id. at 10; see also Moreno Valley, 103 F.3d at 819. The Court finds that standárds in Section 17.54.130(A)-(D) lie somewhere in between those that other courts. have deemed permissible and impermissible on the basis of discretion conferred, .On the one hand, Section 17.54.130’s standards contain many of the same general terms that the Ninth Circuit. held in Moreno Valley granted too much, discretion. Compare Moreno Valley, 103 F.3d at 818-19 (<HOLDING>) (emphasis added) with Zoning Ordinance § Options: A. holding the district attorney is vested with the sole discretion as to what crimes will be charged and that discretion will not be disturbed absent a gross abuse of discretion B. recognizing the importance of public welfare and conservation of water in administering its public waters C. holding that ordinance conferred unbridled discretion where issuance of permit was subject to broad findings that proposed use will not have a harmful effect upon the health or welfare of the general public and will not be detrimental to the welfare of the general public and will not be detrimental to the aesthetic quality of the community or the surrounding land uses D. holding that the burden of overcoming a zoning ordinances presumption of validity is satisfied when it is shown that the ordinance does not bear a substantial relation to the public health safety morals or general welfare E. holding that zoning regulations which tend to preserve the residential or historical character of a neighborhood andto enhance the aesthetic appeal of a community are considered valid exercises of the public power as relating to the general welfare of the community

assistant: The best answer is C. holding that ordinance conferred unbridled discretion where issuance of permit was subject to broad findings that proposed use will not have a harmful effect upon the health or welfare of the general public and will not be detrimental to the welfare of the general public and will not be detrimental to the aesthetic quality of the community or the surrounding land uses
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: 2004). 2 . In a strange twist of fate, Ademaj’s case and Griesing’s case are exactly the same. Before Ademaj moved to sever his claims from those of the rest of the class, he and Griesing were the lead plaintiffs in the underlying class action against seven named insurers, including Liberty Mutual and MCT. 3 . In a related issue, the court also held that 28 Tex. Admin. Code § 5.205 (the commissioner’s rule authorizing insurers to recoup the ATP fee from its insureds) was valid to the extent that it allows insurers to collect the fee within the regulated rate and after written notice to the consumer. 4 . See Tex. Ins.Code Ann. § 1153.004(a) (Vernon Supp.2004). 5 . See Lawyers Title Ins. Corp. v. Board of Ins. Comm'rs, 207 S.W.2d 972, 977-78 (Tex.Civ.App.-Austin 1948, writ ref'd n.r.e.) Options: A. holding that the district court was authorized to remand the proceedings to the board where the board failed to make required findings B. holding that fees paid by insureds are benefits accruing to the insurer in the operation of its business and must be included in insurers report to the board of insurance so as to enable the board to prescribe uniform rates C. holding that the findings of fact conclusions of law and decision signed by the school board president constituted the decision of the board D. holding that the board did not abuse its discretion by dismissing an untimely appeal where the appellant failed to respond to a board order to show cause E. holding insurers right to subrogation arises only upon the insurers showing that the sum of the insureds recovery from the insurer and from persons legally responsible for the injury exceeds the insureds loss

assistant: The best answer is B. holding that fees paid by insureds are benefits accruing to the insurer in the operation of its business and must be included in insurers report to the board of insurance so as to enable the board to prescribe uniform rates
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: errors, the result of the proceeding would have been different. [Cit.] Smith v. Francis, supra at 783 (1). We accept the habeas court’s findings of fact unless they are clearly erroneous, but we apply the facts to the law de novo. Lajara v. State, 263 Ga. 438 (3) (435 SE2d 600) (1993). Because an ineffective assistance of counsel claim must show both deficient attorney performance and prejudice, the claim can be denied solely on the absence of sufficient prejudice. Id. For the reasons set forth below, we conclude as a matter of law that the absence of the deficiencies in Lance’s trial counsel’s performance would not in reasonable probability have resulted in a different outcome in either phase of Lance’s trial. See Schofield v. Holsey, 281 Ga. 809, 812, n. 1 (642 SE2d 56) (2007) (<HOLDING>). Accordingly, we reverse the habeas court’s Options: A. holding that the combined effect of trial counsels various professional deficiencies should be considered B. holding that courts should be mindful of the location of witnesses and counsel in weighing the relative accessibility of the place of trial C. holding that the cumulative impact of multiple deficiencies in defense counsels performance prejudiced the defendant in a capital trial D. holding that the combined effect of trial counsels deficiencies should be considered in weighing prejudice E. holding that the combined effect of trial counsels errors should be considered

assistant: The best answer is D. holding that the combined effect of trial counsels deficiencies should be considered in weighing prejudice
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: Mr. Reed contends that these photographs had minimal probative value, which was outweighed by a risk that “the jury would become outraged and strike out at the accused defendants.” Brief of Appellant Reed at 14. After reviewing these photographs, the only thing we find outrageous is the assertion that photographs of a puncture in a desk blotter could incite, or even excite, a jury. The photographs merely portray a desk and the area surrounding the desk. Upon close inspection, a hole is visible in the desk blotter. These photographs are not nearly as graphic and prone to inciting a jury as other photographs this court has held are not unduly prejudicial. See, e.g., United States v. Shoemaker, 542 F.2d 561, 564 (10th Cir.), cert. denied, 429 U.S. 1004, 97 S.Ct. 537, 50 L.Ed.2d 616 (1976) (<HOLDING>). The admission of the photographs in this case Options: A. holding that it was an abuse of discretion to admit the record when an admission was available B. holding the trial court had abused its discretion in admitting several photographs of a murder victims body C. holding that admission of graphic photographs of murder victim was not abuse of discretion under rule 403 D. holding that the admission of evidence under an exception to the hearsay rule is reviewed for abuse of discretion E. recognizing trial courts discretion in weighing the allegedlyimproper prejudicial aspects of photographs of victims against the photographs probative value

assistant: The best answer is C. holding that admission of graphic photographs of murder victim was not abuse of discretion under rule 403
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: Coady v. Vaughn, 251 F.3d 480 (3d Cir.2001). Ryan does not challenge the execution of his sentence by, for example, seeking to compel the BOP to refrain from subjecting him to a requirement that he pay the costs of his incarceration. In fact, in his original § 2241 petition, which was dismissed for non-exhaustion, see note 1, supra, Ryan did challenge the execution of his sentence by asking for a declaration that the RRC contract was in conflict with his plea agreement and seeking an injunction against future sanctions for his refusal to sign. Ryan, 415 Fed.Appx. at 347. Those claims, however, are now moot because the BOP has removed Ryan’s RRC designation and there is no threat of the plea agreement being violated through any future RRC placement. Ryan’s present § 297 (3d Cir.2004) (<HOLDING>). Ryan has not shown that his remedy under § Options: A. holding that resentencing is required B. holding that resentencing was required where the district court used an incorrect higher base level C. holding that although that the district court erred in finding that plaintiffs lacked standing the appellate court may nonetheless proceed to consider the district courts determination that plaintiffs failed to state a claim upon which relief may be granted D. holding that prisoner was required to proceed under 2255 where he sought resentencing based on claim that district court erred in assuming that the bop could lawfully place him in a community corrections center E. holding that pepper did not allow petitioner to seek a resentencing under 2255

assistant: The best answer is D. holding that prisoner was required to proceed under 2255 where he sought resentencing based on claim that district court erred in assuming that the bop could lawfully place him in a community corrections center
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: If any provision of the Agreement is rendered or declared illegal or unenforceable by reason of any existing or subsequently enacted legislation or by decree of a court of last resort, the Parties shall meet promptly and negotiate substitute provisions for those rendered or declared illegal or unenforceable that gives effect to the intent of the Parties to the maximum extent permitted by applicable Law, but all of the remaining provisions of this Agreement shall remain in full force and effect and will not be affected or impaired in any way thereby. To the extent permitted by applicable Law, each Party hereby waives any provision of Law that renders any such provision prohibited or unenforceable in any respect.

assistant: Severability
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: subject to your compliance with these terms , uber grants you a limited , non-exclusive , non-sublicensable , revocable , non-transferrable license to : ( i ) access and use the applications on your personal device solely in connection with your use of the services ; and ( ii ) access and use any content , information and related materials that may be made available through the services , in each case solely for your personal , noncommercial use .

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: Any n o ti ces or ot h e r c o mmunicat i o n s pro vided fo r hereunder may be m ade by h a nd , by certified or regist e red ma il , postage prepaid , return r eceipt requested , or by nati o na ll y recognized express cour ier services provided that the same are addressed to the party required t o b e notified at it s address first written above , or such other addres s as may hereafter be established by a party by written notice t o the other party. Notice s hall be considered accomplished on the date deli vered, three days after being mailed or one day after deposit with th e express courier, as applicable.

assistant: Notices