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

user: Read the legal provision and list the applicable contract clause categories. Provision: All notices hereunder shall be in writing and shall be effective (A) on the day on which delivered if delivered personally or transmitted by facsimile or e-mail upon confirmation of receipt, (B) one Business Day after the date of dispatch if delivered by a nationally recognized overnight courier service, or (C) three Business Days after the date on which the same is deposited, postage prepaid, in the U.S. mail, sent by certified or registered mail, return receipt requested, and addressed to the party to be notified at the address indicated below for the Company, or at the address for the Warrantholder set forth in the registry maintained by the Company pursuant to Section 9, or at such other address and/or telecopy or facsimile number and/or email address and/or to the attention of such other person as the Company or the Warrantholder may designate from time to time by written notice to the other party.

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: 812, 117 L.Ed.2d 38 (1992). In essence, petitioner asserts that the IJ erroneously interpreted the “refu gee” definition by inserting an extra element that is not found in the statute. She refers to the IJ’s finding that the petitioner did not qualify as a refugee under § 101(a)(42)(A) of the INA, asserting that the IJ added the element of physical harm, which is neither found in the statute nor the ease law. We are aware that since Congress amended the definition of “refugee” in 1996 to include persons who are subject to, or opponents of, coercion of population control programs, federal courts have taken the difficult task of determining which types of resistance to such programs merit protection through refugee status. See, e.g. Liu v. Ashcroft, 356 F.3d 1153 (9th Cir.2004)(en banc) (<HOLDING>). This case presents a scenario where a woman Options: A. holding that the defendant was not entitled to a lesserincluded firstdegree manslaughter instruction when his attorney was forced to concede at oral argument that no evidence supported the adequate provocation element B. holding that a woman was not entitled to an eed instruction after she murdered five individuals without a recent aggravating incident despite the fact that the woman had suffered significant physical and emotional harm as a child and abused drugs and alcohol C. holding woman who alleged she was terminated for having an abortion stated a prima facie case for discrimination D. holding that a teacher was qualified for unemploymentcompensation benefits when she made bona fide efforts to pass a certification exam and the evidence showed that she took the exam several times and used study aids E. holding that a woman who was threatened and forced to undergo a gynecological exam but was not sterilized or forced to have an abortion was still entitled to refugee status

assistant: The best answer is E. holding that a woman who was threatened and forced to undergo a gynecological exam but was not sterilized or forced to have an abortion was still entitled to refugee status
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 assigned or transferred by the Company to any person or entity, including but not limited to ZAGG or any of its affiliates; and nothing in this Agreement shall prevent the consolidation, merger or sale of the Company or a sale of any or all or substantially all of its assets. Subject to the foregoing, this Agreement shall be binding upon and shall inure to the benefit of the parties and their respective heirs, legal representatives, successors, and permitted assigns, and shall not benefit any person or entity other than those specifically enumerated in this Agreement.

assistant: Assignments
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 have, or have rights to use, all patents, patent applications, trademarks, trademark applications, service marks, trade names, trade secrets, inventions, copyrights, licenses and other intellectual property rights and similar rights necessary or required for use in connection with their respective businesses as described in the SEC Reports and which the failure to do so would, individually or in the aggregate, reasonably be expected to result in a Material Adverse Effect (collectively, the “ Intellectual Property Rights ”). None of, and neither the Company nor any Subsidiary has received a notice (written or otherwise) that any of, the Intellectual Property Rights has expired, terminated or been abandoned, or is expected to expire or terminate or be abandoned, within two (2) years from the date of this Agreement, except for expirations, terminations or abandonments which would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect. Neither the Company nor any Subsidiary has received, since the date of the latest audited financial statements included in the SEC Reports, a written notice of a claim or otherwise has any knowledge that the Intellectual Property Rights violate or infringe upon the rights of any Person, except as would not reasonably be expected to have a Material Adverse Effect. To the knowledge of the Company, all such Intellectual Property Rights are enforceable and there is no existing infringement by another Person of any of the Intellectual Property Rights, except for infringements which would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect. The Company and its Subsidiaries have taken reasonable security measures to protect the secrecy, confidentiality and value of all of their Intellectual Property Rights, except where failure to do so would not, individually or in the aggregate, reasonably be expected to result in a Material Adverse Effect.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Relator Co-sens, relying on the same authority, argues that the information provided by Maier was too generic to constitute an “allegation,” as that term has been interpreted by the courts. See Id. As one circuit court has observed, the FCA “bars suits based on publicly disclosed ‘allegations or transactions,’ not information.” United States ex rel. Dunleavy v. County of Delaware, 123 F.3d 734, 740 (3d Cir.1997) (quoting Wang v. FMC Corp., 975 F.2d 1412, 1418 (9th Cir.1992)). Therefore, “either the allegations of fraud or the elements of the underlying transaction” must be present in the public disclosure in order to invoke the jurisdictional bar. Id.; see also United States ex rel. Minnesota Ass’n of Nurse Anesthetists v. Allina Health System Corp., 276 F.3d 1032, 1044 (8th Cir.2002) (<HOLDING>). In the Springfield Terminal Ry. case, cited Options: A. holding the record did not contain enough facts to determine whether the statute was constitutional as applied to the particular facts and circumstances of the case B. holding that the public disclosure must reveal both the true state of facts and that the defendant represented the facts to be something other than what they were C. holding that the defendant must provide facts to establish what the conflict was D. holding that the disclosure is a public disclosure within the meaning of the fca if the the prior public disclosure contained enough information to enable the government to pursue an investigation against the defendant E. holding that the facts pertaining to the victims special status and the defendants knowledge of that status were intrinsic to the crime and hence that the sixth amendment required that the facts be found by the trier of fact

assistant: The best answer is B. holding that the public disclosure must reveal both the true state of facts and that the defendant represented the facts to be something other than what they were
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: MERLO’s liability scheme cannot be so easily resolved, however. Here, the Insurers argue that MERLO conflicts "with CERCLA and HSAA because “CERCLA and HSAA allow any PRP that has incurred response costs to seek contribution from any other PRP,” while under MERLO, Lodi cannot be sued for contribution. This conflict preemption argument is rooted in the Insurers’ assumption that Lodi is a PRP. To date, however, Lodi has not been administratively adjudged a PRP by either the federal EPA or California’s DTSC. Nor has a court adjudged Lodi a PRP. Indeed, as discussed above, it is not clear as a matter of law whether a municipality such as Lodi may be considered a PRP solely as a result of operating a municipal sewer system. Compare Lincoln Prop., 823 F.Supp. at 1539-44 (E.D.Cal.1992) (<HOLDING>), with Westfarm Assoc., 66 F.3d at 675-80 Options: A. holding that a municipal sewer system is liable for the acts of a third party that discharged hazardous waste into the system B. holding that a municipal sewer system that leaked hazardous waste could rely on a thirdparty defense to avoid liability under cercla C. recognizing cercla successor liability D. holding that releases between tortfeasors to avoid liability under cercla are not valid E. holding that state law determines successor liability under cercla

assistant: The best answer is B. holding that a municipal sewer system that leaked hazardous waste could rely on a thirdparty defense to avoid liability under cercla
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: If the Form 8-k is required to be filed by GSI in accordance with applicable law, within the time prescribed in Item 9.01 of Form 8-K, FH shall provide such financial statements for the filing of such amendment Report on Form 8-K, as required therein.

assistant: Financial 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 legal provision and list the applicable contract clause categories. Provision: EACH GRANTOR AND THE COLLATERAL AGENT HEREBY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. EACH PARTY HERETO (A) CERTIFIES THAT NO REPRESENTATIVE, AGENT OR ATTORNEY OF ANY OTHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PARTY WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE THE FOREGOING WAIVER AND (B) ACKNOWLEDGES THAT IT AND THE OTHER PARTIES HERETO HAVE BEEN INDUCED TO ENTER INTO THIS AGREEMENT AND THE OTHER LOAN DOCUMENTS, AS APPLICABLE, BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION 8.15.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company shall have paid, or will substantially simultaneously with the initial borrowing under the ABL Facility and the release of the Term Loan proceeds to the Company or the Escrow Borrower from the Escrow Account pay, all fees and reasonable expenses (including, without limitation, legal fees and expenses) of the Arrangers, the ABL Facility Administrative Agent, the ABL Facility Collateral Agent and the Lenders as and to the extent required pursuant to the terms of this Commitment Letter or the Fee Letter.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: receive like treatment in a court of law. This Court may not disregard Industrial Indemnity absent an intervening U.S. Supreme Court or en banc Eleventh Circuit Decision to the contrary. Flowers v. United States, 764 F.2d 759, 761 (11th Cir.1985). Moreover, numerous state and federal courts in other jurisdictions agree with Judge Hodges’ reasoning. See A. Johnson & Co., Inc. v. Aetna Cas. & Sur. Co., 741 F.Supp. 298 (D.Mass.1990) (the Massachusetts Court applying Maine law held that the pollution exclusion was unambiguous and excluded coverage for pollution over an extended period of time); see also Lumberman’s Mutual Cas. Co. v. Belleville Indus., Inc., 407 Mass. 675, 555 N.E.2d 568, 572 (1990); Bentz v. Mutual Fire, Marine and Inland Ins. Co., 83 Md.App. 524, 575 A.2d 795 (1990) (<HOLDING>); Grant Southern Iron & Metal Co. v. CNA Ins. Options: A. holding that there is nothing arbitrary or capricious about the requirement B. holding that summary judgment is not appropriate if there is a genuine dispute about a material fact C. holding that there is nothing intrinsically unclear about the terms sudden and accidental D. recognizing that courts will not add terms to a contract about which the contract is silent E. holding that an employeess selfserving statements about his ability are insufficient to contradict an employers negative assessment of that ability such statements may create a material dispute about the employees ability but do nothing to create a dispute about the employers honesty do nothing in other words to establish that the proffered reason is a pretext for discrimination

assistant: The best answer is C. holding that there is nothing intrinsically unclear about the terms sudden and accidental
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: and alleging that as a result of Hoffenberg’s pre-existing use, One Harbor acquired an easement by implied reservation and that as a result of continued use by One Harbor and its predecessors in interest, One Harbor acquired an easement by prescription. The trial court specifically found that Hoffenberg took title to each parcel “individually and as trustee,” that no trust or beneficiary was identified in any conveyance of either parcel, and that there was no evidence that a trust relating to either parcel was ever recorded. The trial court applied the provisions of section 687.07, Florida Statutes (1959), and concluded, inter alia, that Hoffenberg was the fee simple “individual” owner of each parcel at the time that the Agreement was executed. The trial court also found that ) (<HOLDING>). An easement, by definition, is the right to Options: A. recognizing that an easement may entitle the easement owner to do acts which were not for the easement would constitute a nuisance B. recognizing that as long as the lots belonged to the same owner there could be no easement in favor of one lot or servitude upon the other C. holding that where there is common ownership of two parcels there could be noeasement in favor of one lot operating as a burden to the other D. recognizing that the dominant easement owner not the servient estate owner bears responsibility for maintaining an easement E. holding same as to an easement by implication

assistant: The best answer is B. recognizing that as long as the lots belonged to the same owner there could be no easement in favor of one lot or servitude upon the other
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company has no direct or indirect subsidiaries other than those set forth on Schedule 3.1(a) hereto. Except as set forth on Schedule 3.1(a) hereto, the Company owns or controls, directly or indirectly, all of the capital stock or comparable equity interests of each Subsidiary free and clear of any Lien, and all issued and outstanding shares of capital stock or comparable equity interest of each Subsidiary are validly issued and are (in the case of any Subsidiary that is a corporation) fully paid and non-assessable, and free of preemptive and similar rights.

assistant: Subsidiaries
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: In case any one or more of the provisions contained in this Agreement for any reason shall be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision of this Agreement but this Agreement shall be construed as if such invalid, illegal or unenforceable provisions had never been contained herein. Moreover, if one or more of the provisions contained in this Agreement shall for any reason be held to be excessively broad as to the scope, activity or subject so as to be unenforceable at law, such provision or provisions shall be construed and reformed by the appropriate judicial body by limiting and reducing such provision or provisions, so as to be enforceable to the maximum extent compatible with the applicable law.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall be interpreted, governed by, and construed in accordance with, the laws of the State of Texas without regard to principles of conflict of laws, except to the extent that it implicates mandatory provisions of the General Corporation Law of the State of Delaware, which matters shall be governed by such Delaware law. The obligation of the Company to sell and deliver Stock hereunder is subject to applicable laws and to the approval of any governmental authority required in connection with the authorization, issuance, sale, or delivery of such Stock.

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 legal provision and list the applicable contract clause categories. Provision: To the fullest extent permitted by Applicable Law, the Parties waive any provision of law that would render any provision in this Agreement invalid, illegal or unenforceable in any respect. If any provision of this Agreement is held to be invalid, illegal or unenforceable, in any respect, then such provision will be given no effect by the Parties and will not form part of this Agreement. To the fullest extent permitted by Applicable Law and if the rights or obligations of any Party will not be materially and adversely affected, all other provisions of this Agreement will remain in full force and effect and the Parties will use [**] to negotiate a provision in replacement of the provision held invalid, illegal or unenforceable that is consistent with Applicable Law and achieves, as nearly as possible, the original intention of the Parties.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: 15.1 there are important health and safety warnings and instructions that you must read before using the services , which are available at https://www.oculus.com/legal/health-and-safety-warnings/ .

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: No consent, approval, authorization or order of, or filing, registration or qualification with, any Governmental Entity or other Person (or group of Persons) is required in connection with the execution, delivery or performance of this Agreement or the Warrants, except for such consents, approvals, authorizations or orders, the failure of which to make or obtain would not prevent, materially delay or materially impede the ability of the Warrant Holder to perform or comply with its obligations hereunder.

assistant: Consents
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 information relating to or concerning the Company or any of its Subsidiaries set forth in this Agreement and provided to the Buyer pursuant to Section 2(d) hereof and otherwise in connection with the transactions contemplated hereby is true and correct in all material respects and the Company has not to state any material fact necessary in order to make the statements made herein or therein, in light of the circumstances under which they were made, not misleading. No event or circumstance has occurred or exists with respect to the Company or any of its Subsidiaries or its or their business, properties, prospects, operations or financial conditions, which, under applicable law, rule or regulation, requires public disclosure or announcement by the Company but which has not been so publicly announced or disclosed (assuming for this purpose that the Company’s reports filed under the 1934 Act are being incorporated into an effective registration statement filed by the Company under the 1933 Act).

assistant: Disclosures
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: future. Bullinger v. Wehr (In re Wehr), 292 B.R. 390, 401 (Bankr.D.N.D.2003). The primary test for measuring a debtor’s ability to pay is the “disposable income” test. Jodoin, 209 B.R. at 142 (stating that the “disposable income” test “provides an excellent starting point for measuring a debtor’s ability to pay” under § 523(a)(15)); Morris, 193 B.R. at 953 (stating that “the ‘ability to pay’ language in § 523(a)(15)(A) mirrors language used in § 1325(b)(2) which is the ‘disposable income’ standard used for considering objections to Chapter 13 plans”). In applying the “disposable income” test in the context of § 523(a)(15)(A), however, the court is not bound by the three-year limitation set forth in § 1325(b)(1)(B). Graves v. Myrvang (In re Myrvang), 232 F.3d 1116, 1122 (9th Cir.2000) (<HOLDING>); Samayoa v. Jodoin (In re Jodoin), 196 B.R. Options: A. holding that a bankruptcy court did not err in ordering repayment over five years B. holding that the district court did not err in determining that inadvertent disclosure did not result in waiver C. holding trial court did not err by permitting evidence that defendant molested another child three years before the victim D. holding that trial court did not err E. holding that bankruptcy court may issue proposed findings and conclusions in a core proceeding over which the bankruptcy court does not have constitutional authority

assistant: The best answer is A. holding that a bankruptcy court did not err in ordering repayment over five years
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: If any term or other provision of this Agreement is invalid, illegal or incapable of being enforced by any rule of Law or public policy, all other conditions and provisions of this Agreement shall nevertheless remain in full force and effect so long as the economic or legal substance of the transactions contemplated hereby is not affected in any adverse manner to any Party. Upon such determination that any term or other provision is invalid, illegal or incapable of being enforced, the Parties hereto shall negotiate in good faith to modify this Agreement so as to effect the original intent of the Parties as closely as possible in an acceptable manner so that the transactions contemplated hereby are fulfilled to the greatest extent possible.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Payments under the Plan will be made following the release of the Company’s earnings to the public and only after the Compensation Committee has approved all executive officer incentive awards, and are expected to be paid no later than March 15, 2018. All payments under the Plan are intended to fall within the “short-term deferral” exemption from Section 409A of the Internal Revenue Code of 1986, as amended (the “ Code ”), and under Section 1.409A-1(b)(4) of the Treasury Regulations or comply with any requirements necessary to avoid the imposition of additional tax under Code Section 409A(a)(1)(B), and the Plan will be interpreted consistent with that intent. All Plan payments will be made net of applicable tax withholding.

assistant: Payments
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 most succinctly: “First, there must be either a show of authority or a use of force; and second, the show of authority or use of force must have caused the fleeing individual to stop attempting to escape.” United States v. Bradley, 196 F.3d 762, 768 (7th Cir.1999). With respect to when a seizure occurs by physical force, the Supreme Court has clarified that a seizure only occurs “when there is a governmental termination of freedom of movement through means intentionally applied.” Br (9th Cir.1994) (finding no seizure where an officer drew his gun at a suspect who subsequently fled, and explaining that “a seizure does not occur if an officer applies physical force in an attempt to detain a suspect but such force is ineffective”); Cole v. Bone, 993 F.2d 1328, 1332-33 (8th Cir.1993) (<HOLDING>). In the cases in which no physical force is Options: A. holding that no seizure occurred where officer approached the suspect at the bus stop mentioned that he was investigating a bank robbery asked the suspect what he was doing in the area and for his identification and otherwise gave no indication that the suspect was not free to leave or to refuse to respond to questioning B. holding that where the police roadblock was intended to stop brower by physical impact and did so a seizure occurred C. holding no seizure occurred when after defendant began to walk away officer directed him to stop D. holding a seizure occurs when a passenger of a car is hit by a bullet that is meant to stop him E. holding that no seizure occurred where shots were fired at a truck but did not hit the suspect because they failed to produce a stop

assistant: The best answer is E. holding that no seizure occurred where shots were fired at a truck but did not hit the suspect because they failed to produce a stop
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed in counterparts (including by electronic means), each of which shall be considered one and the same agreement and this Agreement shall become effective when a counterpart signed by each party shall be delivered to the other party, it being understood that both parties need not sign the same counterpart. Delivery of an executed signature page of this Agreement by facsimile or other customary means of electronic transmission (e.g., “pdf”) shall be effective as delivery of a manually executed counterpart hereof.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Any notice provided for in this Agreement must be in writing and must be either personally delivered, transmitted via telecopier, mailed by first class mail (postage prepaid and return receipt requested) or sent by reputable overnight courier service (charges prepaid) to the recipient at the address below indicated or at such other address or to the attention of such other person as the recipient party has specified by prior written notice to the sending party. Notices will be deemed to have been given hereunder and received when delivered personally, when received if transmitted via telecopier, five days after deposit in the U.S. mail and one day after deposit for overnight delivery with a reputable overnight courier service.

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: has fewer than twelve creditors and this Court finds that the evidence produced at Trial was sufficient to establish that the Proposed Debtor was generally not paying his debts as they became due. Therefore, the only issue for this Court to address is whether the Petitioning Creditor has standing to file the Involuntary Petition. To have standing, the Petitioning Creditor must be the holder of a bona fide claim against the Proposed Debtor. London v. Hunt, 977 F.2d 829, 832 (3d Cir.1992) (“The Bankruptcy Code clearly states that an involuntary proceeding can only be filed by creditors who hold claims that are not contingent as to liability or subject to a bona fide dispute”) (emphasis in original); B.D.W. Assocs., Inc. v. Busy Beaver Bldg. Ctrs., Inc., 865 F.2d 65, 66 (3d Cir.1989) (<HOLDING>); In re Tama Manufacturing Co., Inc., 436 B.R. Options: A. holding that a bona fide purchaser may be considered in privity with its predecessor B. holding bona fide error defense barred claim for fdpca violation which arose from mistake of law C. recognizing that if a creditors claim is subject to a bona fide dispute that creditor lacks standing to file an involuntary petition D. holding that bona fide dispute over whether bank actually possessed property belonging to taxpayer is reasonable cause E. holding that unsatisfied execution creditor had rights in property superior to all but prior secured creditors and bona fide purchasers for value

assistant: The best answer is C. recognizing that if a creditors claim is subject to a bona fide dispute that creditor lacks standing to file an involuntary petition
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: Daffin, hardly satisfying the standards of § 12.002. This alone is fatal to the L’Amoreauxes’ § 12.002 claim. But in addition, other undisputed facts suggest that the interest in real property asserted by the notices was not false. Cornerstone endorsed the Note to Wells Fargo. Because the Note was signed by “Cornerstone Home Mortgage Corp.” the endorsement must have occurred prior to the corporation’s being converted to an LLC in October 2009. Thus, as early as 2009, Wells Fargo held the Note. Even accepting the L’Amo-reauxes’ argument that only a party that possesses the Note has authority to foreclose on their property, Wells Fargo had authority to do so. See Kiggundu v. Mortg. Electronic Registration Systems Inc., 469 Fed.Appx. 330, 332 (5th Cir.2012) (per curiam) (unpublished) (<HOLDING>). It is thus not plausible that Barrett Daffin Options: A. recognizing a cause of action under texas law for misappropriation B. holding in a bankruptcy case that ahmsi did not prove that it was the party entitled to enforce and receive payments from a mortgage note because it presented no evidence as to who possessed the original note it also presented no evidence showing endorsement of the note either in its favor or in favor of wells fargo for whom ahmsi allegedly was servicing the bankrupt partys loan C. holding that because a mortgage provides the security for the repayment of the note the person having standing to foreclose a note secured by a mortgage may be either the holder of the note or a nonholder in possession of the note who has the rights of a holder D. holding that where the entity was incorporated in texas and the shareholders reside in texas and the bankruptcy case is pending in texas texas law not arizona law should be applied E. recognizing that under texas law it was enough for foreclosing party to establish that it was in possession of the note

assistant: The best answer is E. recognizing that under texas law it was enough for foreclosing party to establish that it was in possession of the note
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: contractual obligation.” Peralta v. Cendant Corp., 123 F.Supp.2d at 65. See Belgrave v. City of N.Y., 1999 WL 692034, *45 (E.D.N.Y.1999) (Gleeson, J.)(dismissing the plaintiffs breach of contract claim where employee claimed that employer failed to follow its procedures for providing equal opportunity to employees); Mutua v. Tex. Roadhouse Mgmt. Corp., 753 F.Supp.2d 954, 968-69 (D.S.D.2010) (Schreier, J.Xgranting summary judgment on a breach-of-contract claim seeking to enforce the anti-discrimination provisions in the employer’s employee handbook, because the employer already must abide by Title VII and a promise to perform a legal duty is not consideration for a return promise); Byra-Grzegorczyk v. Bristol-Myers Squibb Co., 572 F.Supp.2d 233, 254 (D.Conn.2008) (Kravitz, J.)(<HOLDING>); Gally v. Columbia Univ., 22 F.Supp.2d 199, Options: A. recognizing that idea is simply not an antidiscrimination statute so that pure discrimination claim was not barred by parents failure to exhaust remedies under idea B. holding that an administrative agency or a state courts finding that an employer had just cause to terminate a plaintiff is not preclusive with regard to the plaintiffs discrimination claim against the employer C. recognizing that an antidiscrimination policy does not indicate that an employer is undertaking any contractual obligations towards the employee rather it requires the employer to comply with federal and state antidiscrimination laws D. holding that the employee must at least provide his employer with enough information for the employer to be put on notice that the fmla is a consideration E. holding an employee is an agent of his employer where the employer assumes the right to control time manner and method of work

assistant: The best answer is C. recognizing that an antidiscrimination policy does not indicate that an employer is undertaking any contractual obligations towards the employee rather it requires the employer to comply with federal and state antidiscrimination 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: impinges upon that right without a legitimate, governmental purpose. The majority here simply relies upon the Court’s approval of the regulation in Griffin to conclude that Mr. Herring’s privacy right was not clearly established in this case. In so doing, the majority extrapolates from the Court’s naked holding without ever acknowledging the underlying analysis and reasoning, and fails entirely to apply that analysis and reasoning to the facts of this case. The majority thus ignores the clear holding in Griffin that a probationer has a constitutional right to privacy which is only limited insofar as the limitation is.justified by “the ‘special need[s]’ of the probation system.” Id. at 875, 107 S.Ct. 3164. See also Turner v. Safley, 482 U.S. 78, 89, 107 S.Ct. 2254, 96 L.Ed.2d 64 (1987) (<HOLDING>); Doe v. Attorney Gen., 941 F.2d 780, 796 (9th Options: A. holding that regulations may impinge constitutional rights if the regulation is reasonably related to legitimate penological interests B. holding that prison regulations impinging on prisoners constitutional rights are only valid where reasonably related to legitimate penological interests C. holding that prison administration may infringe upon prisoners first amendment rights as long as the infringement is reasonably related to legitimate penological interest D. holding that when a prison regulation impinges on inmates constitutional rights the regulation is valid if it is reasonably related to legitimate penological interests E. holding a publisheronly rule was constitutional because prison administrators are accorded deference and rule was reasonably related to the penological interest of maintaining internal prison security

assistant: The best answer is B. holding that prison regulations impinging on prisoners constitutional rights are only valid where reasonably related to legitimate penological interests
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 will be construed in accord with and any dispute or controversy arising from any breach or asserted breach of this Agreement will be governed by the laws of the State of Arizona, without reference to the choice of law principles thereof.

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: it would be artificial to deny coverage by constructing a distinction between injuries arising from the marketing of infringing goods and injuries arising from the display or advertising of the goods. Furthermore, the counterclaim alleges that actual confusion was caused by DeLorme’s advertising activities. Thus, the counterclaim, .viewed from the perspective of an average person untrained in either the law or the insurance field, as required under Maine law, see Union Mut. Fire Ins. Co., 521 A.2d at 310, alleges that the infringement occurred in the course of DeLorme’s advertising activities. The majority of courts that have considered whether a trademark infringement claim arose out of an “advertising injury” under the same form policy agree. See Gemmy Indus. Corp., 1998 WL 804698 *3 (<HOLDING>); Dog-loo, Inc., 907 F.Supp. at 1391 (in Options: A. holding that it is impossible to allege a lanham act claim without the infringing mark being used to identify the goods or services to the public B. holding that 43a of the lanham act is confined to remedy injuries to a competitor C. holding that the government can restrict a public officials speech if it is necessary to the effective delivery of public services D. holding lanham act applies only to tangible goods offered for sale not the author of any idea concept or communication E. holding that the commercial use requirement of section 1125c is virtually synonymous with the in connection with the sale offering for sale distribution or advertising of goods and services requirement of the lanham act

assistant: The best answer is A. holding that it is impossible to allege a lanham act claim without the infringing mark being used to identify the goods or services to the public
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: third proposed expert, the court held his knowledge and experience “crosses the threshold of admissibility.” Id. at 1567. Accordingly, the court found that any weaknesses in the third expert’s opinion and expertise went to the weight of his testimony, not its admissibility. Id. From Bolt’s depositions and QCBT’s arguments, the district court concluded Bolt “is not an expert who can determine whether or not an audit has been performed pursuant to some generally accepted auditing standard because he’s not a CPA.” While the district court’s reasoning was flawed, its conclusion was correct. The fact that Bolt was not a CPA did not disqualify him from testifying on the ultimate issue of whether Kireher violated generally accepted accounting standards. See, e.g., Hutchison, 514 N.W.2d at 886 (<HOLDING>). Rather, Bolt was unqualified to testify on Options: A. recognizing that the dc circuit has stated that by attempting to evaluate the credibility of opposing experts and the persuasiveness of competing studies the district court conflates the questions of the admissibility of expert testimony and the weight appropriately to be accorded such testimony by a factfinder B. recognizing if a person is qualified by learning and experience the lack of board certification or licensure goes to the weight of the experts testimony not its admissibility C. holding statistical conclusions admissible and questions regarding the size of a tests database goes to the weight not admissibility of the evidence D. holding as to the admissibility of prior bad acts that allegedly took place fourteen and twelve years before the acts alleged in that case that the lapse of time between the defendants sexual acts goes to the weight of the evidence not to its admissibility E. holding that once an expert has passed rule 702s threshold of admissibility lingering questions or controversy concerning the quality of the experts conclusions go to the weight of the testimony rather than its admissibility

assistant: The best answer is B. recognizing if a person is qualified by learning and experience the lack of board certification or licensure goes to the weight of the experts testimony not its admissibility
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 amended only by a written agreement signed by the Company and the Director. However, the Company may unilaterally amend this Agreement to conform with written directives to the Company from its auditors or banking regulators or to comply with legislative or tax law, including without limitation Section 409A of the Code and any and all regulations and guidance promulgated thereunder.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: If any one or more of the provisions of this Agreement is held to be invalid, illegal, or unenforceable in any respect, the other provisions shall remain in full force and effect. Any provision deemed invalid, illegal, or unenforceable because its scope is considered excessive shall be modified only to the minimum extent necessary to render the provision valid, legal, and enforceable.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: 590 (1999). Under the immigration laws, exhaustion of administrative remedies is statutorily required only on appeals to final orders of removal. 8 U.S.C. § 1252(d)(1). Exhaustion is not required when a petitioner challenges conditions imposed on bond. Rowe v. Immigration & Naturalization Serv., No. Civ. A. 98-11511-GAO, 1999 WL 289362, at *2 (D.Mass. Apr.30, 1999); Pastor-Camarena v. Smith, 977 F.Supp. 1415, 1417 (W.D.Wash.1997) (finding no exhaustion requirement in a predeportation challenge to bond denial); Montero v. Cobb, 937. F.Supp. 88, 91 (D.Mass.1996) (stating that there is no federal statute that imposes an exhaustion requirement on aliens taken into custody pending their removal); cf. Lleo-Fernandez v. Immigration & Naturalization Serv., 989 F.Supp. 518, 519 (S.D.N.Y.1998) (<HOLDING>). Furthermore, the Supreme Court has held that Options: A. holding that bivens plaintiff was not required to exhaust administrative remedies where administrative remedy program provided only for injunctive relief B. holding that defendant seeking credit for time served must exhaust administrative remedies within the department of corrections prior to seeking judicial relief C. recognizing the general rule that parties must exhaust prescribed administrative remedies before seeking relief from federal courts D. holding that an alien must exhaust administrative remedies before seeking habeas relief from detention E. holding that the foia clearly requires a party to exhaust all administrative remedies before seeking redress in the federal courts and collecting cases

assistant: The best answer is D. holding that an alien must exhaust administrative remedies before seeking habeas relief from detention