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: Because landowners in the area through which the highway ran shared the consequences of the State’s highway changes, and because the landowners did not claim that the injury had a special or unique effect on their land, we held that the damages were non- compensable community damages. Schmidt, 867 S.W.2d at 781. Since Schmidt, we have applied the community-damages principle to hold that increased noise resulting from condemnation is community in nature and thus noncompensable. Felts v. Harris County, 915 S.W.2d 482, 485-86 (Tex.1996). We have also held that modifications to the remainder or loss of improvements on the remainder due to condemnation are unlike the damages claimed in Schmidt and are compensable. See State v. Centennial Mortgage Corp., 867 S.W.2d 783, 784 (Tex.1993) (<HOLDING>). And we have held that impaired access to the Options: A. holding that mediation costs are not compensable B. holding that a lessors interest can only be subject to liens arising from improvements performed on the leased property if the lease required the improvements or if under judicial interpretation the improvements were the pith of the lease C. holding prejudice created by improvements to and conveyance of land during pendency of delay D. holding the aggregate value of the land and its improvements is the controlling value E. holding that costs of replacing detention ponds and other improvements on the condemned strip of land and loss of parking spaces on the remainder are compensable damages

assistant: The best answer is E. holding that costs of replacing detention ponds and other improvements on the condemned strip of land and loss of parking spaces on the remainder are compensable damages
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 the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coverage. Neither the Company nor any Subsidiary has been notified in writing that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.

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: Each grant of a Stock Option shall be evidenced by a written or electronic Incentive Agreement. Among its other provisions, each Incentive Agreement shall set forth, subject to Section 422 of the Code, the extent to which the Grantee shall have the right to exercise the Stock Option following termination of the Grantee’s Employment. Such provisions shall be determined in the discretion of the Committee, shall be included in the Grantee’s Incentive Agreement, and need not be uniform among all Stock Options issued pursuant to the Plan. In addition, Incentive Agreement shall state whether the Stock Option is intended to meet the requirements of Section 422 of the Code.

assistant: 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 case excerpt and choose the best holding from the options. Case excerpt: See Lorber 675 F.2d at 1067. The court noted that the classification of the surcharge as a non-tax fee was “a close question,” but concluded that because the surcharge was triggered by “voluntary” choice, the surcharge was possessed more of the character of a service fee than that of a tax. See id. The Lorber court also held that extending priority status to the surcharge was contrary to the trend of then-recent amendments to § 64 of the old Bankruptcy Act, which tended toward the erosion of the preferred status of taxes. See id., 675 F.2d at 1067-68. The court explained that, following the grant by Congress of priority status to claims for taxes, the federal government and its state and local counterparts began to increase the types and levels of taxation. See id. (citing S. REP. NO. (<HOLDING>). Even courts in the Ninth Circuit, purporting Options: A. holding that reimbursement claims were excise taxes under lorber B. holding that ohios reimbursement claims met the lorber criteria but were not excise taxes because they were not universally applicable to similarly situated entities and in addition disadvantaged private creditors with like claims C. holding west virginias reimbursement claims were excise taxes under lorber suburban ii and the chateaugay district court decision D. holding reimbursement claims were excise taxes under the lorber test without addressing the bankruptcy codes central policy of equal distribution E. holding that michigan reimbursement claims were excise taxes under both lorber and suburban ii

assistant: The best answer is E. holding that michigan reimbursement claims were excise taxes under both lorber and suburban ii
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 proceeds of the Loans shall be available (and the Borrower agrees that it shall use such proceeds) for general corporate purposes, including for dividends, capital reductions or intercompany loans and/or for the repayment of indebtedness.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each party’s obligations under this Section 3.01 shall survive the resignation or replacement of the Administrative Agent or any assignment of rights by, or the replacement of, a Lender and the L/C Issuers, the termination of the Commitments and the repayment, satisfaction or discharge of all other Obligations.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company shall employ Executive, and Executive hereby accepts employment with the Company, upon the terms and conditions set forth in this Agreement for the period beginning on the Effective Date and automatically ending on the December 31, 2018, provided , however , that Executive may resign as an employee of the Company at any time and for any or no reason and the Company may terminate Executive’s employment at any time and for any reason or no reason.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: THIS AMENDMENT AND ANY CLAIMS, CONTROVERSY, DISPUTE OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT OR OTHERWISE) BASED UPON, ARISING OUT OF OR RELATING TO THIS AMENDMENT SHALL BE CONSTRUED IN ACCORDANCE WITH AND GOVERNED BY THE LAWS OF THE STATE OF NEW YORK.

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 legal provision and list the applicable contract clause categories. Provision: The execution and delivery by the Depositor of this Agreement and any Transaction Document to which it is a party and the performance by the Depositor of the transactions contemplated by this Agreement and any Transaction Document to which it is a party and the fulfillment by the Depositor of the terms hereof and thereof applicable to the Depositor, will not conflict with or violate the organizational documents of the Depositor or any Requirements of Law applicable to the Depositor or conflict with, result in any breach of any of the terms and provisions of, or constitute (with or without notice or lapse of time or both) a default under, any indenture, contract, agreement, mortgage, deed of trust or other instrument to which the Depositor is a party or by which it or its properties are bound.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Parties understand and agree that this Agreement constitutes the entire Agreement between the Parties concerning the scope of Executive’s separation from Company and the related release of claims, and that this Agreement supersedes any and all prior oral or written agreements and understandings between the Parties on such issues. No warranty, representation, condition, understanding or agreement of any kind with respect to the subject thereof shall be relied upon by the Parties unless incorporated herein. Notwithstanding any other provision contained herein, this Agreement may be pled as a thorough and complete defense to, and may be used as the basis for an injunction against, any action, suit or other proceeding that may be instituted, prosecuted or attempted in breach of the provisions contained herein.

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: Each Borrower shall keep accurate and complete records of its Accounts, including all payments and collections thereon, and shall submit to Agent sales, collection, reconciliation and other reports in form satisfactory to Agent, on such periodic basis as Agent may request. Each Borrower shall also provide to Agent, on or before the 15th day of each month, a detailed aged trial balance of all Accounts as of the end of the preceding month, specifying each Account’s Account Debtor name and address, amount, invoice date and due date, showing any discount, allowance, credit, authorized return or dispute, and including such proof of delivery, copies of invoices and invoice registers, copies of related documents, repayment histories, status reports and other information as Agent may reasonably request. If Accounts in an aggregate face amount of $1,000,000 or more cease to be Eligible Credit Insured Accounts or Eligible Non-Credit Insured Accounts, Borrowers shall notify Agent of such occurrence promptly (and in any event within one Business Day) after any Borrower has knowledge thereof.

assistant: Records
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: codefendant that implicates the accused is introduced into evidence at their joint trial ... even if the jury is instructed to consider the confession only as evidence against the codefendant.” United States v. Cope, 312 F.3d 757, 780-81 (6th Cir. 2002) (citing Bruton v. United States, 391 U.S. 123, 137, 88 S.Ct. 1620, 20 L.Ed.2d 476 (1968)). Because it is premised on the Confrontation Clause, the Bruton rule, like the Confrontation Clause itself, does not apply to nontestimonial statements. See United States v. Pugh, 273 Fed.Appx. 449, 455 (6th Cir.2008) (“[T]he statement at issue ... is nontestimonial in nature, and therefore, does not implicate the Confrontation Clause as analyzed under Bruton or otherwise.”); see also United States v. Vargas, 570 F.3d 1004, 1009 (8th Cir.2009) (<HOLDING>); United States v. Pike, 292 Fed.Appx. 108, 112 Options: A. holding that bruton does not apply to nontestimonial codefendant statements B. holding that voluntary statements to police initiated by witness are not interrogation and therefore are nontestimonial C. holding statements by coconspirator nontestimonial and thus admissible D. holding rule 16 does not apply to oral statements other than statements of the defendant E. holding that driving records were nontestimonial

assistant: The best answer is A. holding that bruton does not apply to nontestimonial codefendant statements
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: way into immigration cases, and it is in this sense that we use the term in this opinion. 4 .Although INA § 242B(c)(3)(A), codified at 8 U.S.C. § 1252b(c)(3)(A) (1994), has been repealed, Congress replaced the provision with one that is in all respects identical except that what formerly was called "deportation” is now referred to as "removal.” See INA § 240(b)(5)(C)(i), codified at 8 U.S.C. § 1229a (b)(5)(C)®. 5 . Former INA § 242B(f)(2), codified at 8 U.S.C. § 1252b(f)(2), provided: "The term 'exceptional circumstances’ refers to exceptional circumstances (such as serious illness of the alien or death of an immediate relative of the alien, but not including less compelling circumstances) beyond the control of the alien.” 6 . Compare Anin v. Reno, 188 F.3d 1273, 1278 (11th Cir.1999) (<HOLDING>) with Lopez v. INS, 184 F.3d 1097, 1100 (9th Options: A. holding that exhaustion is mandatory and jurisdictional B. holding that ina 242bc3a sets forth a mandatory and jurisdictional time bar C. recognizing that exhaustion is mandatory and jurisdictional D. holding that ina 242bc3as time bar is not jurisdictional and thus subject to equitable tolling E. holding that this time requirement is mandatory and jurisdictional

assistant: The best answer is B. holding that ina 242bc3a sets forth a mandatory and jurisdictional time bar
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: for use of free , consumer skype-branded services , you 're contracting with , and all references to `` microsoft '' in these terms mean , skype software s.à.r.l , 23 -- 29 rives de clausen , l-2165 luxembourg , and for paid , consumer skype-branded services , you 're contracting with , and all references to `` microsoft '' in these terms mean , skype communications s.à.r.l , 23 -- 29 rives de clausen , l-2165 luxembourg .

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: Other than as described on Schedule 5 hereto, as of the Closing Date, it (i) has filed all tax returns (federal, state and local) which it reasonably believes are required to be filed and has paid or made adequate provision in its GAAP financial statements for the payment of all taxes, assessments and other governmental charges due from it or is contesting any such tax, assessment or other governmental charge in good faith through appropriate proceedings, except where the failure to file or pay will not have a material adverse effect on the rights and interests of the Depositor, (ii) knows of no basis for any material additional tax assessment for any fiscal year for which adequate reserves in its GAAP financial statements have not been established and (iii) intends to pay all such taxes, assessments and governmental charges, if any, when due.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: because of this , in your communications with linden lab , please keep in mind that linden lab does not accept or consider any unsolicited ideas or materials for products or services , or even improvements to products or services , ( collectively , `` unsolicited ideas and materials '' ) .

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 notice required by the provisions of this Section 5 to be given to the holders of shares of the Series C Preferred Stock shall be deemed given upon the earlier of actual receipt or deposit in the United States mail, by certified or registered mail, return receipt requested, postage prepaid, addressed to each holder of record at the address of such holder appearing on the books of the Company.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: even if the activities therein are not strictly intimate and even if the door has not completely closed. 1 . In Bonner v. City of Prichard, 661 F.2d 1206, 1209 (11th Cir.1981) (en banc), the Eleventh Circuit adopted as binding prece dent all Fifth Circuit decisions handed down prior to the close of business on September 30, 1981. 2 . Kyllo, 533 U.S. at 30, 121 S.Ct. 2038. The scan showed hot spots only on the roof over the garage and the sidewall of the garage. Kyllo, 533 U.S. 27, 121 S.Ct. 2038, app; Brief for Petitioner at 2, Kyllo, 533 U.S. 27, 121 S.Ct. 2038 (2001) (No. 99-8508), 2000 WL 33127872; Brief for the United States at 4, Kyllo, 533 U.S. 27, 121 S.Ct. 2038 (2001) (No. 99-8508), 2000 WL 1890949. 3 . See, e.g., United States v. Oaxaca, 233 F.3d 1154, 1157 (9th Cir.2000) (<HOLDING>); United States v. Cota-Lopez, 358 F.Supp.2d Options: A. holding a mechanic working in a garage owned by a partnership is an employee of the partnership not the individual partner B. holding that a wife validly consented to a search of the garage when she was married to the defendant was part owner of the home and had unlimited access to all areas C. holding that son of woman who bought garage door opener was a consumer because primary purpose of the purchase and installation into home was to benefit son D. holding where condemnation of a temporary easement in an airport parking garage was primarily designed for economic benefit to gain control of the garage at a discounted price the taking was not for public use and therefore was an unconstitutional taking E. holding that an attached garage is part of the home for payton purposes even when the garage door is open

assistant: The best answer is E. holding that an attached garage is part of the home for payton purposes even when the garage door is open
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 are solely responsible for your conduct and any data , text , files , information , usernames , images , graphics , photos , profiles , audio and video clips , sounds , musical works , works of authorship , applications , links and other content or materials ( collectively , `` content '' ) that you submit , post or display on or via the service .

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: The provisions of this Agreement and the other Loan Documents shall be binding upon and inure to the benefit of the parties hereto and thereto and their respective successors and assigns permitted hereby, except that the Borrower may not assign or otherwise transfer any of its rights or obligations hereunder or thereunder without the prior written consent of the Administrative Agent 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 the Administrative 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: The Company and the Investor shall consult with each other in issuing any press releases or otherwise making public statements with respect to the transactions contemplated hereby and no party shall issue any such press release or otherwise make any such public statement, other than as required by law, without the prior written consent of the other parties, which consent shall not be unreasonably withheld or delayed, except that no prior consent shall be required if such disclosure is required by law, in which such case the disclosing party shall provide the other party with prior notice of such public statement. Notwithstanding the foregoing, the Company shall not publicly disclose the name of the Investor without the prior written consent of the Investor, except to the extent required by law. The Investor acknowledges that this Agreement and all of the Transaction Documents may be deemed to be “material contracts,” as that term is defined by Item 601(b)(10) of Regulation S-K, and that the Company may therefore be required to file such documents as exhibits to reports or registration statements filed under the Securities Act or the Exchange Act. The Investor further agrees that the status of such documents and materials as material contracts shall be determined solely by the Company, in consultation with its counsel.

assistant: Publicity
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: offers testimony “material to the crucial issue of intent” must be admitted. (See PL’s Opp’n at 42) (citing Wright v. United States Postal Serv., 183 F.3d 1328, 1333 (Fed.Cir.1999); Jones v. Dep’t of Army, 68 M.S.P.R. 398, 405-07 (1995); Burge v. Dep’t of Air Force, 82 M.S.P.R. 75, 92 (1999).) However, these cases are fact specific; they certainly do not stand for the proposition that all witnesses who may add some additional detail need be allowed to testify. On the contrary, just as district courts enjoy broad discretion to exclude evidence, the probative value of which is substantially outweighed by “considerations of undue delay, waste of time, or needless presentation of cumulative evidence,” Fed.R.Evid. 403; see also United States v. Tarantino, 846 F.2d 1384, 1410 (D.C.Cir.1988) (<HOLDING>), the MSPB also enjoys substantial discretion Options: A. holding that the district court did not abuse its discretion in limiting testimony to only one witness where additional witnesses would have provided the same testimony B. holding trial court acted within its discretion in excluding expert testimony C. holding that the district court exceeded its discretion in excluding testimony proffered to discredit the key government witness D. holding that a district court did not abuse its discretion in excluding the testimony of a witness that was not highly probative E. holding trial court did not abuse its discretion in admitting highly probative and relevant evidence of other crimes

assistant: The best answer is D. holding that a district court did not abuse its discretion in excluding the testimony of a witness that was not highly probative
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: however , by providing user content to uber , you grant uber a worldwide , perpetual , irrevocable , transferrable , royalty-free license , with the right to sublicense , to use , copy , modify , create derivative works of , distribute , publicly display , publicly perform , and otherwise exploit in any manner such user content in all formats and distribution channels now known or hereafter devised ( including in connection with the services and uber 's business and on third-party sites and services ) , without further notice to or consent from you , and without the requirement of payment to you or any other person or entity .

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: were both received before the critical date, and the parties had a definite agreement before the critical date. See id. at 1432, 43 USPQ2d at 1930. Furthermore, in Pfaff, there were no facts in dispute, leaving only the legal issue of whether section 102(b) invalidates the patent. See id. at 1433, 43 USPQ2d at 1931. Finally, there was no doubt in Pfaff that what was offered for sale was the device of the later-issued patent. By contrast, in the instant case, the parties dispute the primary factual issue — that is, whether Mosler was merely a potential licensee of legal rights, or, rather, a potential customer of devices. The district court found that Mosler was only a potential licensee. Cf. Moleculon Research Corp. v. CBS, Inc., 793 F.2d 1261, 1267, 229 USPQ 805, 809 (Fed.Cir.1986) (<HOLDING>). Mas-Hamilton asserted before the district Options: A. holding that the one challenging the patent must in part show that the subject matter of the sale or offer to sell fully anticipated the claimed invention or would have rendered it obvious by its addition to the prior art B. holding that the moving party must show prior art references which alone or combined with other references would have rendered the invention obvious to one of ordinary skill in the art at the time of the invention C. holding a determination that an invention was onsale within the meaning of the statute requires that a sale be operable the complete invention claimed be embodied in or obvious from the device offered for sale and the sale or offer be primarily for profit rather than for experimental purposes D. holding a technical term used in a patent document is interpreted as having the meaning that it would be given by persons experienced in the field of the invention unless it is apparent from the patent and the prosecution history that the inventor used the term with a different meaning E. holding that an assignment or sale of rights in the invention and potential patent rights is not a sale of the invention within the meaning of section 102b

assistant: The best answer is E. holding that an assignment or sale of rights in the invention and potential patent rights is not a sale of the invention within the meaning of section 102b
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 terminated by any Purchaser, as to such Purchaser’s obligations hereunder only and without any effect whatsoever on the obligations between the Company and the other Purchasers, by written notice to the other parties, if the Closing has not been consummated on or before November 3, 2017; provided , however , that no such termination will affect the right of any party to sue for any breach by any other party (or parties).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall be interpreted in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its principles of conflicts of law. Any action relating to this Agreement shall be instituted in the Commonwealth of Pennsylvania, Bucks County, and the parties agree to submit to the jurisdiction of the state and federal courts of Pennsylvania for this purpose.

assistant: Governing 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: entitle Waloon to judgment on these claims. See Johnson, 290 S.W.3d at 889-90; In re Allstate Cnty. Mut. Ins. Co., 85 S.W.3d at 195; Scottish Union & Nat’l Ins. Co., 8 S.W. at 631; Fraiman, 514 S.W.2d at 344-45; Teachworth, 898 F.2d at 1061-62. The only evidence submitted by Waloon in support of the First Motion or Second Motion was the appraisal award. Waloon did not attach the insurance policy to either motion. In neither motion did Waloon assert (1) that the summary-judgment evidence conclusively proved all the essential elements of Waloon’s breach-of-contract claims or (2) that there were no genuine issues of material fact and that Waloon was entitled to judgment as a matter of law against Security on these claims. See MMP, Ltd. v. Jones, 710 S.W.2d 59, 60 (Tex.1986) (per curiam) (<HOLDING>). None of the grounds expressly stated in Options: A. holding that the burden of proof is on the claimant B. holding that summary judgment should be denied where the moving party does not show that there is no genuine dispute as to a material fact with respect to each essential element of the claim C. holding that when there are no genuine issues of material fact summary judgment is appropriate D. holding that claimant moving for summary judgment on its claim must conclusively prove all the essential elements of the claim and that claimant has the burden to show that there are no genuine issues of material fact and that claimant is entitled to judgment as a matter of law E. recognizing that summary judgment on any and all aspects of a partys claim including damages is proper if there are no genuine issues of material fact

assistant: The best answer is D. holding that claimant moving for summary judgment on its claim must conclusively prove all the essential elements of the claim and that claimant has the burden to show that there are no genuine issues of material fact and that claimant is entitled to judgment as a matter of law
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: § 80.36.230, a statute similar to Wash. Rev.Code § 81.77, but providing the conditions for issuing telecommunication company franchises] does not confer the power to grant monopolies or exclusive rights[,]” and “[t]he Commission therefore lacks the authority under Wash. Rev.Code § 80.36.230 to grant exclusive rights to LECs.” Id. at 1049-50. Moreover, the State of Washington’s Supreme Court held that “the Legislature must expressly grant to the Commission the authority to grant monopolies before the Commission may exercise such rights,” because the Washington State Constitution and ease law “manifest the state’s abhorrence of monopolies.” Id. at 1050; see also California Retail Liquor Dealers Ass’n v. Midcal Aluminum, Inc., 445 U.S. 97, 105, 100 S.Ct. 937, 63 L.Ed.2d 233 (1980) (<HOLDING>). The Legislature of the State of Washington Options: A. holding that the injury must be fairly traceable to the challenged action to be redressable by the court B. holding that to establish antitrust immunity a challenged restraint must be one clearly articulated and affirmatively expressed as state policy1 and the policy must be actively supervised by the state itself C. holding that prejudice cannot merely be alleged it must be affirmatively proved D. holding state of the law must be determined at time of challenged action E. holding that the end of a conspiracy must be affirmatively shown

assistant: The best answer is B. holding that to establish antitrust immunity a challenged restraint must be one clearly articulated and affirmatively expressed as state policy1 and the policy must be actively supervised by the state itself
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: was unlikely to strongly influence the jury. Mickey next argues that counsel were deficient in the communication of medical-related information and the facts of the crime to the experts Burstein and Smith. This, too, is unavailing. With respect to Burstein, Mickey claims that counsel were deficient in providing a garbled tape of the Hawaii interview with police. But, Burstein notably does not claim he ever requested a better version or a transcript. Mickey also claims that counsel should have provided access to the testimony of the accomplice Rogers and Mickey’s ex-wife Rochelle for corroboration of Mickey’s history of drug use. But Mickey’s drug use was not in dispute. Conveying such additional information was therefore unnecessary. Hovey v. Ayers, 458 F.3d 892, 925-26 (9th Cir.2006) (<HOLDING>). We decline to rule that counsel must provide, Options: A. holding that only relevant factors must be considered B. holding counsel must only provide relevant facts of the crime C. holding counsel must bring relevant facts to attention of experts D. holding that defense counsel may call attention to the states failure to produce evidence E. holding that an experts opinion must be based on facts in evidence or within his or her knowledge and that the admission of an experts opinion is reviewed for an abuse of discretion

assistant: The best answer is C. holding counsel must bring relevant facts to attention of experts
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: These Award Terms will be binding upon, and will inure to the benefit of, the Company and its successors and assigns, and upon any person acquiring, whether by merger, consolidation, purchase of assets or otherwise, all or substantially all of the Company’s assets and business. Subject to the terms of the Plan, any benefits distributable to a deceased Participant will be distributed to the beneficiary designated by the Participant in writing filed with the Committee in such form as the Committee will require. If a deceased Participant has failed to designate a beneficiary, or if the designated beneficiary of the deceased Participant dies before the Participant or before complete distribution of benefits due under the Plan, the amounts to be distributed under the Plan will be distributed to the legal representative or representatives of the estate of the last to die of the Participant and the beneficiary.

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: This is a Florida contract and shall be construed under and be governed in all respects by the laws of the State of Florida , without giving effect to the conflict of laws principles of such State. With respect to any disputes concerning federal law, such disputes shall be determined in accordance with the law as it would be interpreted and applied by the United States Court of Appeals for the Eleventh Circuit.

assistant: Governing 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: on the Ha up a map of Parcel No. 173 in Estate Anna’s Retréat. There is absolutely no evidence that Farrington commissioned the Harrigan map to induce Blake to purchase property, construct buildings, or do anything regarding the property depicted on that map: Cf. Ute Park Summer Homes Ass’n v. Maxwell Land Grant Co., 77 N.M. 730, 427 P.2d 249 (1967) (upholding the right of land purchasers to force the seller to provide a golf course that was displayed on a map presented the buyers prior to their purchase because the seller used the map to induce the purchasers to buy their properties). Accordingly, Farrington’s commissioning of the Harrigan map did not constitute a representation for equitable estoppel purposes. Cf. Lima v. Farley, 7 F.2d 40, 41, 4 Ohio Law Abs. 374 (6th Cir. 1923) (<HOLDING>). Moreover, the Harrigan map does not purport Options: A. holding that city electors who rendered property to city assessor after time fixed by statute were qualified to vote at city election on issuance of bonds for construction of an electric light and power system B. holding that a jurys finding that a city had delegated its final policymaking authority in the area of law enforcement to a city police chief was supported by the evidence and warranted imposing liability upon the city C. holding a city liable for personal injuries caused by a driver colliding with a girder in the center of a city street where the city did not give a warning D. holding that city attorneys promise in an oral settlement agreement for city to annex and rezone land was within the legal authority of the city of joliet to accomplish and were not absolutely void acts per se therefore city could be estopped from avoiding enforcement of contract E. holding that a city was equitably estopped from denying the accuracy of blueprints and specifications given to a party who had been contracted to build a sewer for the city

assistant: The best answer is E. holding that a city was equitably estopped from denying the accuracy of blueprints and specifications given to a party who had been contracted to build a sewer for the city
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: that the FBI voluntarily released 128 pages, and a series of court orders that were the “functional equivalent” of the orders in Ed-monds required it to release an additional 379 pages of materials. Pi’s Reply at 3. The Defendant counters that Plaintiffs suit did not result in the release of any records by the agency other than those released through the normal processing of a FOIA request, and that Plaintiffs reliance upon Edmonds is misguided. Def's Opp’n at 6-7. 1. The Court Orders Did Not Amount To Judicial Relief On The Merits In order to determine whether a court order can be considered “judicial relief on the merits,” the court will evaluate whether the plaintiff obtained a court order directing the precise relief he sought. See Davy v. CIA, 456 F.3d 162, 165 (D.C.Cir.2006) (<HOLDING>). In Edmonds, the plaintiff sued the FBI and Options: A. holding that a defendants strategic stipulation to certain facts of the crime was not the functional equivalent of a guilty plea where the defendants stipulation did not establish guilt B. holding that exhaustion is required even where the relief sought is not available in the administrative process C. holding that exhaustion was not required under a federal education statute where the gravamen of the complaint was not that the plaintiff had been denied the type of education the statute guarantees and hence the relief sought was not available through the statutory appeals process D. holding that the plaintiff bears the burden of showing that he has standing for each type of relief sought E. holding that the court provided the plaintiff with the precise relief he sought making records promptly available when it memorialized a stipulation that required the cia to release information on certain dates

assistant: The best answer is E. holding that the court provided the plaintiff with the precise relief he sought making records promptly available when it memorialized a stipulation that required the cia to release information on certain dates
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: all of which would render uneconomical an individual suit by a single disgruntled customer. As one treatise states: “[I]ndividual actions or a test case may be an inferior alternative to the class action when the economics of the situation make it impossible for the aggrieved members to vindicate their rights by separate actions.” 7A Wright, Miller & Kane, Federal Practice & Procedure § 1778 (Supp.1983). See Riley, supra, 61 N.J. at 225 [294 A.2d 7]. In a case in which the proofs regarding the defendant’s conduct will be identical whether or not a class action is certified, and the maintenance of a test case may be prohibitively expensive for an individual consumer, the class action emerges as the superior method of adjudication. See Werfel v. Kramarsky, 61 F.R.D. 674 (S.D.N.Y.1974) (<HOLDING>). By contrast, the common issues in Katz [v. Options: A. holding that because no class was certified at the time the individual claims were dismissed the class action was properly dismissed B. holding class action to be superior adjudication method where individual class members had no interest in controlling prosecution of individual actions C. holding that class action was superior to individual suits where class members had relatively small interests and might not have the wherewithal to bring suit to protect their individual rights D. holding that a district of columbia consumer protection statute that authorized representative actions and did not reference class action requirements or mandate class certification was a separate and distinct procedural vehicle from a class action and thus did not constitute a class action under cafa E. holding class action superior where individual claims do not warrant separate suits

assistant: The best answer is E. holding class action superior where individual claims do not warrant separate suits
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: Seller agrees to treat the conveyances hereunder as sales for all purposes (including without limitation legal and bankruptcy purposes but excluding, to the extent otherwise required, tax purposes) on all relevant books, records, financial statements and other applicable documents; provided , that , the financial statements of the Purchaser may be consolidated with those of the Seller in accordance with GAAP.

assistant: Sales
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 formation of this Contract, its validity, interpretation, execution and any performance of this Contract, and the settlement of any Disputes hereunder, shall be governed by published and publicly available Laws of Vietnam, the applicable provisions of any international treaties and conventions to which Vietnam is a party, and, if there are no published or publicly available Laws of Vietnam or treaties or conventions governing a particular matter, by general international commercial practices.

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 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 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 Revolving Loans (including such Lender’s participations in Swing Line 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 and the Lenders 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 9.03(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 case excerpt and choose the best holding from the options. Case excerpt: 41 L.Ed.2d 590 (1974) (specifically referring to nonconstitutional standard). 31 . See, e.g.: D.C.Cir.: United States v. Clark, 337 U.S.App. D.C. 278, 184 F.3d 858, 869 (1999) (citing case establishing standard for non-constitutional error); 1st Cir.: United States v. Legarda, 17 F.3d 496, 498-99 (citing Kotteakos and Fed. R.Crim.P. 52(a) for review of erroneous exclusion of hearsay; "defendant was allowed to put on a defense, even if not q L.Ed.2d 628 (1992); United States v. Webster, 750 F.2d 307, 330-31 (1984) (noting that court has in the past used both constitutional and non-constitutional standards, court held exclusion of hearsay to be harmless error), cert. denied, 471 U.S. 1106, 105 S.Ct. 2340, 85 L.Ed.2d 855 (1985); 6th Cir.: United States v. Branham, 97 F.3d 835 (1996) (<HOLDING>); 7th Cir.: United States v. Norwood, 798 F.2d Options: A. holding that a violation of the hearsay rule was harmless B. holding that erroneous admission of hearsay medical notes was harmless error when doctor testified and was subject to crossexamination C. holding erroneous exclusion of hearsay did not deny defendant a substantial right D. holding erroneous exclusion of hearsay harmless under fedrcrimp 52a E. holding exclusion was harmless error

assistant: The best answer is D. holding erroneous exclusion of hearsay harmless under fedrcrimp 52a