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: plaintiffs, demarcates the boundaries of the legal dispute and makes provision to protect absent class members. In so doing, of course, the district court may take advantage, to the extent appropriate, of the parties’ own agreements and stipulations describing the nature of the suit and the existence of a class. See Willie M. v. Hunt, 657 F.2d 55 (4th Cir.1981). While express class certification is a fundamental requirement, uncertified actions have on occasion been recognized as class actions. When the parties stipulate that the action is a class action and clearly define the members of the class, and the court enters judgment pursuant to the stipulated terms, this may sufficiently imply certification for purposes of Fed.R.Civ.P. 23(c)(1). See Oburn v. Shapp, 393 F.Supp. 561 (E.D.Pa.) (<HOLDING>), aff'd on other grounds, 521 F.2d 142 (3d Options: A. holding that in the rule 23 class action context named plaintiff may appeal a denial of class certification even if his or her individual claims had been satisfied through the entry of judgment B. holding that where the action was filed as a class action and a consent decree was entered into entry of the consent decree was sufficient certification of the action as a class action under rule 23 C. holding that a motion to terminate a consent decree was moot because there was no consent decree left to be terminated 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 that the right of all putative members of a proposed class in an action filed pursuant to kansass class action rule of civil procedure to file a separate action is preserved pending the determination of whether the initial case shall be maintained as a class action

assistant: The best answer is B. holding that where the action was filed as a class action and a consent decree was entered into entry of the consent decree was sufficient certification of the action as a class action under rule 23
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement, together with all references to the Transaction Documents, or instruments referred to herein, contains the entire agreement and understanding of the Parties in respect to the subject matter contained herein. The Parties have expressly not relied upon any promises, representations, warranties, agreements, covenants, or undertakings, other than those expressly set forth or referred to herein. This Agreement supersedes (i) any and all prior written or oral agreements, understandings, and negotiations between the Parties with respect to the subject matter contained herein; and, (ii) any course of performance and/or usage of the trade inconsistent with any of the terms hereof.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: you may not authorize third parties to use your account , and you may not allow persons under the age of 18 to receive transportation or logistics services from third party providers unless they are accompanied by you .

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: United States in 1987, where he returned to Colombia to avoid deportation, and resided in Colombia for 13 or 14 months until he returned to the United States as a tourist, constitutes an abandonment of his lawful, permanent resident status in the United States.” {Id. at 13.) In reaching his conclusions, the IJ noted, among other things, petitioner’s testimony that when he left the United States in 1987, he had no intention of returning'to the United States and that he returned to the United States with a fraudulent passport and a tourist visa. (Id. at 12-13.) Petitioner argues that his leaving the United States in 1987 was not voluntary and was induced by misinformation provided to him by the Immigration and Naturalization Service. See Tejeda v. INS, 346 F.2d 389, 393 (9th Cir.1965) (<HOLDING>); McLeod v. Peterson, 283 F.2d 180, 184 (3d Options: A. holding that the ijs failure to inform alien that he is eligible for relief from deportation constitutes due process violation where alien establishes prejudice B. holding that the ijs failure to inform alien that he was eligible for relief from deportation constitutes a due process violation if alien establishes prejudice C. recognizing that an alien is ineligible for relief under 212c if he was not actually admissible at the time he received an adjustment of status D. holding that iirira and aedpa are not applicable to criminal alien who entered a guilty plea at a time when alien was eligible for 212c relief E. holding that a poorlyeducated alien would be eligible for relief if it is shown he was actually and reasonably misled by the affirmative acts and misstatements of a wellinformed official of the united states government

assistant: The best answer is E. holding that a poorlyeducated alien would be eligible for relief if it is shown he was actually and reasonably misled by the affirmative acts and misstatements of a wellinformed official of the united states government
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 representations and warranties of Dell Technologies and Seller contained in this Agreement shall be true and correct in all respects, in each case, as of the date of this Agreement or as of the date of the applicable Purchase Commitment Supplement executed and delivered thereafter, as the case may be, and as of each Closing Date as though made on such Closing Date (except to the extent any such representations and warranties expressly relate to a specified date, in which case as of such specified date), except, in each case, where the aggregate failures of such representations and warranties to be so true and correct have not had, or would not reasonably be expected to have, a Dell Technologies Material Adverse Effect.

assistant: Representations
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: At no time during the Post-Termination Period shall you, directly or indirectly, disparage the Company Group or any of the Company Group’s past or present employees, directors, products or services. At no time during the Post-Termination Period shall any directors or executive officers of the Company Group, directly or indirectly, disparage you. Notwithstanding the foregoing, nothing in this Section 3 shall prevent you or any director or executive officer of the Company Group from making any truthful statement to the extent (i) necessary to rebut any untrue public statements made about you or by you about any director or executive officer of the Company Group; (ii) necessary with respect to any litigation, arbitration, mediation or proceeding involving this Agreement or the Company, including, but not limited to, the enforcement of this Agreement; or (iii) required by law or by any court, arbitrator, mediator or administrative, regulatory or legislative body (including any committee thereof) with jurisdiction over such person.

assistant: Non-Disparagement
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, e.g., Lopez v. Smith, 203 F.3d 1122, 1131 (9th Cir.2000) (en banc). We must determine whether there are genuine issues of material fact such that a trial is necessary, and whether the district court properly applied the substantive law. See id. While we must view the evidence in the light most favorable to the non-moving party, a mere scintilla of evidence or some “metaphysical doubt as to material facts” will not suffice to defeat summary judgment. See Brinson v. Linda Rose Joint Venture, 53 F.3d 1044, 1048 (9th Cir.1995). Finally, we have jurisdiction to review the district court’s denial of Scribner’s summary judgment motion as well as its grant of summary judgment to World-Com. See, e.g., Jones-Hamilton Co. v. Beazer Materials & Servs. Inc., 973 F.2d 688, 693-94 (9th Cir.1992) (<HOLDING>). B. The Meaning of the Word “Cause” We must Options: A. holding that party may not appeal summary judgment in favor of opponent when grounds opposing summary judgment asserted on appeal were not raised before trial court B. holding that a district court may not grant summary judgment without giving plaintiff an opportunity to submit materials admissible in a summary judgment proceeding or allowing a hearing on defendants motion C. holding that after removal of diversity case to federal court the federal court may grant summary judgment notwithstanding earlier denial of summary judgment motion by state court D. holding that a grant of summary judgment in favor of one party creates a final judgment allowing appellate review of denial of opposing partys summary judgment motion E. holding that the courts denial of either a motion to dismiss or a motion for summary judgment is not a final judgment and is not reviewable

assistant: The best answer is D. holding that a grant of summary judgment in favor of one party creates a final judgment allowing appellate review of denial of opposing partys summary judgment motion
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: period. (Defs.’ Ex. 18 (Blood Aff.) ¶ 5.) As such, they were deprived of neither their ultimate- wages nor the immediate use of those wages. Accord Lovejoy-Wilson, 263 F.3d at 224 (finding adverse action from week-long suspension where plaintiff “may have at least suffered the loss of the use of her wages for a time”); cf. Markel v. Bd. of Regents of Univ. of Wisc. Sys., 276 F.3d 906, 911 (7th Cir.2002) (“Typically, adverse employment actions are economic injuries such as dismissal, suspension, failure to promote, or diminution in pay.”)(quoting Ellerth, 524 U.S. at 761-62, 118 S.Ct. 2257 (emphases added)). Moreover, there is no indication that the suspension served, or could have served, as the basis for any subsequent adverse action against plaintiff. See Russell, 257 F.3d at 819-20 (<HOLDING>). Indeed, the fact that Dickerson and Reed were Options: A. recognizing that a set of actions may constitute an adverse employment action when considered collectively even though some actions do not rise to the level of an adverse employment action individually B. holding that an unrealized risk of future adverse action even if formalized is too ephemeral to constitute an adverse employment action C. holding that termination is an adverse employment action D. holding that a transfer of job duties can constitute an adverse employment action E. holding that denial of a bonus was not an adverse employment action

assistant: The best answer is B. holding that an unrealized risk of future adverse action even if formalized is too ephemeral to constitute an adverse employment action
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: has come to be so closely associated with ‘means-plus-function’ claiming that it is fair to say that the use of the term ‘means’ ... generally invokes 112(6) and that the use of a different formulation generally does not”). Intel next argues that the functional language used in the claims does not equate to means-plus-function. See Greenberg, 91 F.3d at 1583 (“The fact that a particular mechanism ... is defined in functional terms is not sufficient to convert a claim element containing that term into a ‘means for performing a specified function’ within the meaning of 112(6)”). Rather, because each of the three terms at issue “has a reasonably well understood meaning in the art” as the name for a structure, 112, ¶ 6 should not apply. Id.; see also Personalized Media, 161 F.3d at 705 (<HOLDING>). Last, Intel contends that when a claim Options: A. holding the function of a public utility is controlling not how the term is defined B. holding that use of term black box did not render the claim indefinite because that term was known in the field to represent video standard detector circuitry C. holding that when a term is not defined in a contract the presumption is that the term is to be given its ordinary meaning and significance D. holding that what is important is not simply that the element at issue is defined in terms of what it does but that the term as the name for a structure has a reasonably well understood meaning in the art E. holding that detector is a sufficiently definite structural term to preclude the application of 112 6 even though the detector was defined in terms of its function because the term detector refers to a wellknown structure for those knowledgeable in the art

assistant: The best answer is E. holding that detector is a sufficiently definite structural term to preclude the application of 112 6 even though the detector was defined in terms of its function because the term detector refers to a wellknown structure for those knowledgeable in the art
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: 6 See OCGA § 5-7-1 (a) (4) (authorizing the State, in criminal cases, to appeal “[f]rom an order, decision, or judgment suppressing or excluding evidence illegally seized or excluding the results of any test for alcohol or drugs in the case of motions made and ruled upon prior to the impaneling of a jury or the defendant being put in jeopardy, whichever occurs first”). 7 Ewumi v. State, 315 Ga. App. 656, 657 (1) (727 SE2d 257) (2012) (punctuation omit e was insufficient probable cause for a DUI arrest when the only evidence offered was that the arresting officer smelled alcohol on the driver’s breath, a breath test revealed the presence of alcohol, and the defendant admitted to drinking alcohol “earlier in the day”); Ojemuyiwa v. State, 285 Ga. App. 617, 620 (2) (647 SE2d 598) (2007) (<HOLDING>); Sanders, 274 Ga. App. at 394-98 (affirming Options: A. holding that there was probable cause to arrest defendant for dui where among other factors the officer observed defendant driving erratically and defendants eyes were glassy B. holding that although two officers detected a strong odor of alcohol coming from the defendants person that fact did not support an arrest for dui when there was no evidence presented whatsoever as to the defendants manner of driving that her speech was slurred her gait unsteady or her eyes red and glassy C. holding that there was sufficient probable cause for the defendants dui arrest when the evidence showed that the officer smelled the odor of alcohol on the defendants breath the defendants eyes were bloodshot and watery and his breath test was positive for alcohol D. holding that there was insufficient probable cause for a dui arrest when inter alia although the defendants eyes were bloodshot and watery there was no evidence that her eyes were glassy or unfocused E. holding that the trial court was authorized to conclude that probable cause supported an arrest for dui when evidence showed that the officer detected the odor of alcohol coming from the defendants vehicle the defendant admitted to having consumed alcohol her breath tested positive for the presence of alcohol her speech was slurred and her eyes were red and watery and she failed the oneleg stand field sobriety test

assistant: The best answer is B. holding that although two officers detected a strong odor of alcohol coming from the defendants person that fact did not support an arrest for dui when there was no evidence presented whatsoever as to the defendants manner of driving that her speech was slurred her gait unsteady or her eyes red and glassy
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: by plaintiffs does not establish a prima facie showing of purposeful availment jurisdiction over the Rule 12(b)(2) defendants. First, plaintiffs offer evidence that Mars Canada and Nestlé Canada manufactured products in Canada and then transferred them to their American counterparts, Mars Snackfood and Nestlé U.S.A. (Doc. 472, Ex. A ¶¶ 10-11; Doc. 479, Ex. B ¶¶ 11-12.) These transactions, however, do not raise an inference that Mars Canada or Nestlé Canada influenced the post-transfer pricing of the products. Their status as remote suppliers of chocolate confectionary products does not buttress the claims of alleged antitrust harm that occurred after the products left their dominion and control. See, e.g., Ware v. Ball Plastic Container Corp., 432 F.Supp.2d 434, 438 n. 3 (D.Del.2006) (<HOLDING>); Patent Incentives, Inc. v. Seiko Epson Corp., Options: A. holding the appellate court lacked jurisdiction to hear an appeal where the circuit court had the power to remand the agency decision for further proceedings B. holding that the lower court lacked jurisdiction to hear the case because it was filed without proper authority C. holding in pertinent part that this court lacked jurisdiction to hear the appeal D. holding that the court lacked specific jurisdietion to hear a discrimination claim against the defendant whose sole contact with the forum was the shipment of products into the state E. holding that the defendant lacked sufficient contacts with the forum state because there was no evidence the defendant knew where the product would be sold

assistant: The best answer is D. holding that the court lacked specific jurisdietion to hear a discrimination claim against the defendant whose sole contact with the forum was the shipment of products into the state
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 Holder and each holder of Warrant Shares, in addition to being entitled to exercise all rights granted by law, including recovery of damages, will be entitled to specific performance of its rights under this Warrant. The Company agrees that monetary damages would not be adequate compensation for any loss incurred by reason of a breach by it of the provisions of this Warrant and hereby agrees to waive the defense in any action for specific performance that a remedy at law would be adequate.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Borrower shall keep accurate and complete records of its Accounts, including all payments and collections thereon, and shall submit to the Administrative Agent sales, collection, reconciliation and other reports in form satisfactory to the Administrative Agent, on such periodic basis as the Administrative Agent may request. Borrower shall also provide to the Administrative Agent, on or before the 20th day of each Fiscal Month, a detailed aged trial balance of all Accounts as of the end of the preceding Fiscal 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 the Administrative Agent may reasonably request. If Accounts in an aggregate face amount of $500,000.00 or more cease to be Eligible Accounts, Borrower shall notify the Administrative Agent of such occurrence promptly (and in any event within three (3) Business Days) after 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: by the parties.” Banks, 55 V.I. at 984 n.9. 6 In White v. Spenceley Realty, LLC, 53 V.I. 666, 679-80 (V.I. 2010), White argued that the “evidence show[ed] that there was an ongoing and persistent problem” creating constructive notice of a dangerous condition. But we affirmed summary judgment on the ground that Spenceley Realty — as the lessor — had no duty to inspect the premises, and only-had a duty to repair once White — the lessee — notified Spenceley of an unsafe condition on the property. Id. Similarly, in Williams, we declined to decide whether the related “mode of operation” rule applies in the Virgin Islands. 50 V.I. at 201. 7 We also note that the decisions of the Appellate Division serve only as persuasive authority on this Court. See Defoe v. Phillip, 56 V.I. 109, 119 (V.I.) (<HOLDING>), aff'd, 702 F.3d 735 (3d Cir. 2012). For the Options: A. holding that this court considers third circuit and appellate division case law as persuasive authority only B. holding that the attorney generals decision not to provide representation to an employee is reviewable by the appellate division not by the law division where the actions against the employee are pending C. holding that when intervening supreme court case law is clearly irreconcilable with a prior circuit decision a panel of this court is bound by the later and controlling authority and should reject the prior circuit opinion D. holding that the law in this circuit is that errors of law are cognizable under rule 60b E. holding that this court is not bound by decisions of the appellate division or the third circuit even where those decisions concern the same parties and legal issues

assistant: The best answer is A. holding that this court considers third circuit and appellate division case law as persuasive authority only
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 a prosecutor's coercion of a witness would violate a defendant's rights but would not give rise to tort liability under 42 U.S.C. § 1983). 6 . See, e.g., United States v. Gonzales, 164 F.3d 1285, 1289 (10th Cir.1999); LaFrance v. Bohlinger, 499 F.2d 29, 34 (1st Cir.1974) (“Due process does not permit one to be convicted upon his own coerced confession. It should not allow him to be convicted upon a confession wrung from another by coercion.”) (quoting Malinski v. New York, 324 U.S. 401, 430-31, 65 S.Ct 781, 89 L.Ed. 1029 (Rutledge, J., dissenting)); McMillian v. Johnson, 878 F.Supp. 1473, 1512-14 (M.D.Ala.1995), rev’d in part on other grounds, 88 F.3d 1554 (11th Cir.1996); Tucker, 721 P.2d at 642. 7 . See, e.g., Webb v. Texas, 409 U.S. 95, 98, 93 S.Ct. 351, 34 L.Ed.2d 330 (1972) (<HOLDING>). 8 . See Hutto v. Ross, 429 U.S. 28, 30, 97 Options: A. holding that the defendants due process rights were violated when the trial judge singled out the only defense witness and indicated to that witness that he expected the witness to he and would personally ensure that the witness was prosecuted for perjury and thereby effectively drove that witness off the stand B. holding that trial court has discretion to permit defendant to call accused witness to stand and permit witness to invoke fifth amendment privilege in front of jury where entire defense was centered on witness commission of crime C. holding that a judges lengthy perjury warnings to a defense witness effectively drove the witness off the stand thereby denying the defendant his due process right to present his defense D. holding that a trial judges action in singling out a defense witness for a lengthy admonition on the dangers of perjury effectively drove that witness off the stand and thus deprived the defendant of due process of law under the fourteenth amendment E. holding that the trial courts admonition of a witness even though detailed and strongly stated did not coerce the witness because the court did not threaten or badger the witness and the court provided the witness with her own counsel to ensure that the decision was voluntary

assistant: The best answer is D. holding that a trial judges action in singling out a defense witness for a lengthy admonition on the dangers of perjury effectively drove that witness off the stand and thus deprived the defendant of due process of law under the fourteenth amendment
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 Parties agree to execute and deliver, from time to time, such other and additional instruments, notices, transfer orders and other documents, and to do all such other and further acts and things as may be necessary to more fully and effectively transfer and assign the Crude and Product Inventory to Buyer.

assistant: Further Assurances
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: Conduct its business in compliance in all material respects with the United States Foreign Corrupt Practices Act of 1977, the UK Bribery Act 2010 and other similar anti-corruption legislation in other jurisdictions and maintain policies and procedures designed to promote and achieve compliance with such laws.

assistant: Anti-Corruption 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: But that is not an issue for the district court to consider. Navejar, 718 F.3d at 696 (“Pruitt nowhere suggests that a district court should consider whether recruiting counsel would affect the outcome of a case; instead, that inquiry is reserved for the appellate court’s review for prejudice.”). In- this respect, the law in this circuit appears significantly more favorable to indigent litigants than the law in other circuits, which generally allow a more searching evaluation of the merits before counsel is appointed. See, e.g., Cookish v. Cunningham, 787 F.2d 1, 2-3 (1st Cir. 1986) (“That the plaintiff has alleged sufficient facts to state a claim in the complaint does not in and of itself require the appointment of counsel.”); Hodge v. Police Officers, 802 F.2d 58, 61 (2d Cir. 1986) (<HOLDING>); Montgomery v. Pinchak, 294 F.3d 492, 501 (3d Options: A. holding that best interest of the child standard should be used in deciding whether to grant a paternity petition B. holding that the best interest of the child standard should be used in deciding whether to grant a paternity petition C. holding that in order to determine whether disqualification of plaintiffs attorney is appropriate because of a previous attorneyclient relationship he had with the defendant the court must determine whether confidential information was passed from client to attorney D. holding that in deciding whether to request an attorney to represent an indigent plaintiff they should first determine whether the indigents position was likely to be of substance E. holding courts have inherent authority to compel compensation for an attorney appointed to represent an indigent defendant

assistant: The best answer is D. holding that in deciding whether to request an attorney to represent an indigent plaintiff they should first determine whether the indigents position was likely to be of substance
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the case. The court nevertheless agrees with Mr. DeWeese’s conclusion that the economic calculations for lost financial support should not include an assumption that Michelle would have obtained a four-year college degree. 28 . This amount is a result of the following calculations: Dr. Raffa testified that the present value of lost future services was $561,336.00, if the trial took place in March 2009. From this, the court subtracted $5,229.00, the sum Mr. Forman and Dr. Raffa included for play therapy and counseling education. The court then added $2,000.00, an amount Dr. Raffa testified would be needed to make up for the unnecessary present value discount for lost services during the six-month period between the initially expected trial date of March 2009 and the actual Cir.2003) (<HOLDING>), cert. denied, 540 U.S. 1111, 124 S.Ct. 1078, Options: A. holding that in diversity cases federal courts are to apply state substantive law and federal procedural law B. holding that federal courts should apply state substantive law C. holding that federal courts presiding over causes of action created by state law should apply state substantive law but federal procedural law D. holding that it was sensible for state law to consider state law damages cap as substantive because the cap reflects a judgment about the severity of the sanction appropriate to regulate the potentially injurious activity and that even if the state court considered a damages cap as procedural the federal courts would not E. holding that state court could regulate the practice of law in federal courts located in the state

assistant: The best answer is D. holding that it was sensible for state law to consider state law damages cap as substantive because the cap reflects a judgment about the severity of the sanction appropriate to regulate the potentially injurious activity and that even if the state court considered a damages cap as procedural the federal courts would not
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Borrower will, and will cause each of its Material Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect (a) its legal existence (in the case of the Borrower, to remain organized under the laws of the United States, any state thereof or the District of Columbia) except, solely in the case of a Material Subsidiary, where the failure to do so would not reasonably be expected to have a Material Adverse Effect and (b) the rights, licenses, permits, privileges and franchises material to the conduct of its business, except to the extent that failure to do so, individually or in the aggregate, would not reasonably be expected to have a Material Adverse Effect; provided that the foregoing shall not prohibit any transaction permitted under Section 6.02.

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 legal provision and list the applicable contract clause categories. Provision: The Transactions (a) do not require any consent or approval of, registration or filing with, or any other action by, any Governmental Authority, except such as have been obtained or made and are in full force and effect and except as may be required under applicable securities laws and regulations, (b) will not violate any applicable law or regulation or the charter, by-laws or other organizational documents of the Borrower or any order of any Governmental Authority, (c) will not violate or result in a default under any indenture, agreement or other instrument binding upon the Borrower or any Subsidiary or their assets, or give rise to a right thereunder to require any payment to be made by the Borrower or any Subsidiary, and (d) will not result in the creation or imposition of any Lien on any asset of the Borrower or any Subsidiary.

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 case excerpt and choose the best holding from the options. Case excerpt: if any, to be drawn from Lentz’s refusal to provide the Court-ordered handwriting exemplars. See United States v. Lentz, 1:01cr150 (E.D.Va. Jan. 17, 2006) (Order). The parties have now filed their respective memoranda on this issue and the matter is ripe for disposition. Oral argument is dispensed with as the facts and legal contentions are adequately set forth in the existing record and oral argument would not aid the decisional process. III. The starting point in the analysis is the Fifth Amendment to the United States Constitution. In this regard, it is axiomatic that the Fifth Amendment prohibits a prosecutor from commenting on a defendant’s failure to testify or to present testimonial evidence in the course of a criminal trial. See Howard v. Moore, 131 F.3d 399, 421 (4th Cir.1997) (<HOLDING>) (citing Griffin v. California, 380 U.S. 609, Options: A. holding the prosecutors statements were not an inappropriate comment on the defendants failure to testify but rather a comment on the defendants failure to present convincing evidence to support his defense B. holding that the fifth amendment in its direct application to the federal government and in its bearing on the states by reason of the fourteenth amendment forbids either comment by the prosecution on the accuseds silence or instructions by the court that such silence is evidence of guilt C. holding that the fifth amendment forbids either comment by the prosecution on the accuseds silence or instructions by the court that such silence is evidence of guilt D. recognizing that the fifth amendment forbids comment by the prosecution on a defendants failure to testify E. holding that comment by prosecutor in closing argument that defense counsel did not produce evidence of the defendants innocence was not a comment on the defendants failure to testify

assistant: The best answer is D. recognizing that the fifth amendment forbids comment by the prosecution on a defendants failure to testify
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: for writ of certiora-ri. The defendants argued in their motions to dismiss that Palavan could not bring his appeal and application for writ of certiorari because of the agreed judgment. Specifically, they argued the appeal and application were barred by waiver and estoppel because Palavan had settled the suit, agreed to dismiss them from the suit, and accepted $1,200 in satisfaction of his claims. In his response, Palavan argued that he had properly appealed the judgment from the justice of the peace and that the agreed j the peace court to a county court at law. Tex. Civ. Prac. & Rem.Code Ann. § 51.001(a) (Vernon 2015); Tex.R. Civ. P. 506.1(a). “An appeal is perfected when a bond, cash deposit, or statement of inability to pay is filed in accordanc ouston [14th Dist.] 2011, no pet.) (<HOLDING>). While the judgment itself was vacated, the Options: A. holding agreed judgments are treated as contract beiween parties B. holding that state agencies are treated as states under the eleventh amendment C. holding that judgments on the merits in former proceedings are binding on the original parties as well as their privies D. holding agreed judgments are construed in same manner as contract E. holding that when a conflict arises between parties to a contract regarding the subject matter of that contract the contractual relationship controls and parties are not permitted to assert actions in tort in an attempt to circumvent the bargain they agreed upon

assistant: The best answer is A. holding agreed judgments are treated as contract beiween parties
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: By the issuance of a Letter of Credit (or an amendment to a Letter of Credit increasing the amount thereof) and without any further action on the part of the Issuing Bank or the Lenders, the Issuing Bank hereby grants to each Lender, and each Lender hereby acquires from the Issuing Bank, a participation in such Letter of Credit equal to such Lender’s Applicable Percentage of the aggregate amount available to be drawn under such Letter of Credit. In consideration and in furtherance of the foregoing, each Lender hereby absolutely and unconditionally agrees to pay to the Administrative Agent, for the account of the Issuing Bank, such Lender’s Applicable Percentage of each LC Disbursement made by the Issuing Bank and not reimbursed by the Borrower on the date due as provided in paragraph (e) of this Section, or of any reimbursement payment required to be refunded to the Borrower for any reason. Each Lender acknowledges and agrees that its obligation to acquire participations pursuant to this paragraph in respect of Letters of Credit is absolute and unconditional and shall not be affected by any circumstance whatsoever, including any amendment, renewal or extension of any Letter of Credit or the occurrence and continuance of a Default or reduction or termination of the Commitments, and that each such payment shall be made without any offset, abatement, withholding or reduction whatsoever.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Plan shall be construed and its provisions enforced and administered in accordance with ERISA. To the extent, if any, that state laws are not preempted and they apply, the Plan shall be construed and administered under the laws of the State of Georgia without regard to conflicts of law principles.

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: So.2d 925 (Fla.2005). The Property Appraiser determined that the home was substantially completed on January 1, 2001, thus he included the value of the improvement in the 2001 assessment valuation. The Kleins appealed the assessment value to the Value Adjustment Board. Having no success before the Board the Kleins filed the instant action against the Property Appraiser. Various issues were raised by the pleadings, but the case has now boiled down to the sole issue of whether the improvement was substantially completed on January 1, 2001. We have examined the various documents relating to the summary judgment, and even though it was a close call by the trial court there are disputed facts that compel a reversal of the summary judgment. McQueen v. Roye, 785 So.2d 512 (Fla. 3d DCA 2000)(<HOLDING>). Counsel for the Property Appraiser suggests Options: A. holding that the trial court erred by granting summary judgment to the contractor where genuine issues of material fact existed regarding a duty to an injured construction worker B. holding trial court is required to deny summary judgment where even the slightest doubt exists regarding the existence of material issues C. holding that the existence of genuine issues of material facts render not appealable a pretrial denial of summary judgment on the issue of qualified immunity D. holding that summary judgment is appropriate when no issue of material fact exists and the court is reviewing administrative record for sufficiency of evidence E. holding that plaintiffs re sponse to defendants motion for summary judgment indicated the existence of material issues of fact

assistant: The best answer is B. holding trial court is required to deny summary judgment where even the slightest doubt exists regarding the existence of material issues
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 5.7 hereto, there is no litigation, arbitration or proceeding pending or, to the knowledge of any of their executive officers, any governmental investigation or inquiry pending or any litigation, arbitration, governmental investigation, proceeding or inquiry threatened against or affecting the Company or any of its Subsidiaries which could reasonably be expected to have a Material Adverse Effect or which seeks to prevent, enjoin or delay the making of the Credit Extensions. Other than any liability incident to such litigation, arbitration or proceedings listed on Schedule 5.7, the Company and its Subsidiaries have no material contingent obligations not provided for or disclosed in the financial statements referred to in Section 5.4.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company agrees that if there is a Change in Control of the Company (other than a Change in Control that has been approved by a majority of the Company’s Board of Directors who were directors immediately prior to such Change in Control) then, with respect to all matters thereafter arising concerning the rights of Indemnitee to payments of Expenses and advancement of Expenses under this Agreement or any other agreement or under the Company’s Certificate of Incorporation or Bylaws as now or hereafter in effect, Independent Legal Counsel (as defined in Section 12(d) hereof) shall be selected by Indemnitee and approved by the Company (which approval shall not be unreasonably withheld). Such counsel, among other things, shall render its written opinion to the Company and Indemnitee as to whether and to what extent Indemnitee would be permitted to be indemnified under applicable law and the Company agrees to abide by such opinion. The Company agrees to pay the reasonable fees of the Independent Legal Counsel referred to above and to fully indemnify such counsel against any and all expenses (including attorneys’ fees), claims, liabilities and damages arising out of or relating to this Agreement or its engagement pursuant hereto.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Any notice hereunder by the Participant shall be given to the Company in writing and such notice shall be deemed duly given only upon receipt thereof by the General Counsel, the Head of Human Resources, or any other administrative agent designated by the Committee. Any notice hereunder by the Company shall be given to the Participant in writing and such notice shall be deemed duly given only upon receipt thereof at such address as the Participant may have on file with 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: competent counsel); see also Gaff-ney v. City of Allentown, 1998 WL 32758 (E.D.Pa.) (discussing restricted circumstances under which enhancement is allowable). Plaintiff is not arguing that any of these three situations are applicable. Instead, plaintiff argues for an enhancement multiplier based on the novelty of the issue. However, the Supreme Court has held that the arguments advanced by plaintiff are not grounds for an upward adjustment. The Court in Blum indicated that novelty of an issue is not grounds for an upward adjustment because compensation for the novelty is reflected in both the hourly rates charged and the number of hours expended by counsel. See Blum v. Stenson, 465 U.S. 886, 899, 104 S.Ct. 1541, 1549, 79 L.Ed.2d 891 (1984); see also Gaffney, 1998 WL 32758 at *4 (<HOLDING>). 2. Downward Adjustment “The court can adjust Options: A. recognizing that novelty of issue is reflected in lodestar quoting pennsylvania v delaware valley citizens council for clean air 478 us 546 565 106 sct 3088 92 led2d 439 1986 B. holding that an increase in the mandatory minimum sentence based on judicial factfinding does not evade the requirements of the fifth and sixth amendments and reaffirming mcmillan v pennsylvania 477 us 79 106 sct 2411 91 led2d 67 1986 C. holding that a postconviction petitioner has 60 days from the date of publication of 1997 philadelphia magazine article to raise claims based thereon under batson v kentucky 476 us 79 106 sct 1712 90 led2d 69 1986 D. holding that batson v kentucky 476 us 79 106 sct 1712 90 led2d 69 1986 does not apply retroactively to cases on collateral review E. holding that a statute did not directly and substantially interfere with family living arrangements despite district courts finding that the wife and children of one striking worker left his household after he was denied food stamps and that the couple subsequently divorced quoting lyng v castillo 477 us 635 637 106 sct 2727 2729 91 led2d 527 1986 quoting zablocki 434 us at 38687 n 12 98 sct at 681 n 12

assistant: The best answer is A. recognizing that novelty of issue is reflected in lodestar quoting pennsylvania v delaware valley citizens council for clean air 478 us 546 565 106 sct 3088 92 led2d 439 1986