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: Registry Operator is a corporation, duly organized, validly existing and in good standing under the laws of Delaware, and Registry Operator has all requisite power and authority to enter into this Agreement. All corporate approvals and actions necessary for the entrance by Registry Operator into this Agreement have been obtained and this Agreement has been duly and validly executed and delivered by Registry Operator.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: you are entirely liable for all activities conducted through the account , and are responsible for ensuring that any other person who uses your world of warcraft account is aware of the terms of and complies with this agreement .

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: claims on direct appeal. This court affirmed Mr. Blandin’s conviction and sentence without a written opinion. Blandin v. State, 27 So.3d 31 (Fla. 2d DCA 2010) (table). Mr. Blandin filed a timely motion for postconviction relief pursuant to Florida Rule of Criminal Procedure 3.850, raising in Ground I the ineffective assistance of counsel claims that were previously raised in his amended motion for new trial. In summarily denying these claims, the postconviction court erroneously found them to be barred by the doctrines of res judicata and collateral estoppel. In Corzo v. State, 806 So.2d 642, 645 (Fla. 2d DCA 2002), this court held that when an ineffective assistance of counsel claim is raised on direct appeal and the appellant’s conviction and sentence are affirmed witho DCA 1984) (<HOLDING>). Mr. Blandin’s case cannot be distinguished on Options: A. holding that the postconviction court erred in finding the ineffective assistance of counsel claim proeedurally barred because the courts opinion did not comment specifically on the ineffective counsel argument and the overall holding that the evidence was sufficient to support the jurys verdict could not be viewed as an adjudication on the merits of the ineffective assistance claim B. holding that to the extent defendants claim is one of ineffective assistance of counsel it is not cognizable on direct appeal and rule 2915 is the exclusive procedure by which a claim of ineffective assistance of counsel can be advanced C. recognizing a constitutional claim for ineffective assistance of counsel D. holding that defendant may raise claim of ineffective assistance of counsel on direct appeal only if ineffective assistance is conclusive from the record E. holding that the defendants ineffective assistance of counsel claims which were raised in a motion for a new trial and challenged on direct appeal were not barred in postconviction by the doctrine of res judicata because the defendants conviction and sentence were affirmed without a written opinion expressly addressing the claims of ineffective assistance of counsel

assistant: The best answer is A. holding that the postconviction court erred in finding the ineffective assistance of counsel claim proeedurally barred because the courts opinion did not comment specifically on the ineffective counsel argument and the overall holding that the evidence was sufficient to support the jurys verdict could not be viewed as an adjudication on the merits of the ineffective assistance claim
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: April 28, 2011 absence has been withdrawn. See Am. Compl. ¶ 23. Her counsel now argues that she had only “a little bit of leave.” Tr. at 24:2. Since Ms. Rashad admittedly had insufficient leave to cover a full-day absence, which she took without prior notice or approval, the AWOL warning was neither discriminatory nor retaliatory. 11 . The D.C. Circuit has identified the divide in authority on this issue but has yet to adopt a position. See Payne, 619 F.3d at 65 (stating that "[w]e need not decide whether Morgan did in fact overtake that line of cases,” referring to those "cases that permitf] federal employees to litigate unfiled claims that are 'like or reasonably related to’ claims they did file with their agencies”); see also Weber v. Battista, 494 F.3d 179, 183-84 (D.C.Cir.2007) (<HOLDING>). 12 . Count II also fails on the merits. The Options: A. holding that administrative remedies must be exhausted prior to filing a claim in court B. holding that if adequate administrative remedies are available it is improper to seek relief in court before those remedies are exhausted C. recognizing contrasting positions taken by federal courts of appeal and concluding that we need not adopt either of the foregoing views in order to conclude that plaintiff exhausted her administrative remedies D. holding that we lack jurisdiction to consider claims raised in a petition for review unless the petitioner has exhausted his administrative remedies E. holding that federal prisoners need not exhaust their administrative remedies before filing suit in federal court

assistant: The best answer is C. recognizing contrasting positions taken by federal courts of appeal and concluding that we need not adopt either of the foregoing views in order to conclude that plaintiff exhausted her administrative 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 case excerpt and choose the best holding from the options. Case excerpt: 675 (Ala.Cr.App.1983) ]. Although intoxication in itself does not constitute a mental disease or defect within the meaning of § 13A-3-1, Code of Alabama 1975, intoxication does include a disturbance of mental or physical capacities resulting from the introduction of any substance into the body. § 13A-3-2. The degree of intoxication required to establish that a defendant was incapable of forming an intent to kill is a degree so extreme as to render it impossible for the defendant to form the intent to kill ... ‘“Ex parte Bankhead, 585 So.2d 112, 121 (Ala.1991).’ ” “Smith v. State, 646 So.2d 704, 712-13 (Ala.Cr.App.1994).” Smith v. State, 756 So.2d 892 (Ala.Cr.App. 1998) (emphasis added). See also Windsor v. State, 683 So.2d 1027, 1037 (Ala.Cr.App. 1994), aff'd, 683 So.2d 1042 (Ala.1996) (<HOLDING>) In Smith v. State, supra, this Court concluded Options: A. holding that where all of the testimony established unequivocally that the appellant was the aggressor and there was no shred of evidence to indicate otherwise there was no adequate support in the evidence to generate a genuine jury issue as to selfdefense perfect or imperfect B. holding that the trial court did not err by refusing to give a voluntary intoxication charge because even though there was testimony that the appellant had consumed some alcohol prior to the killing there was no evidence that the appellant had been overwhelmed or overpowered by alcohol C. holding that although there was evidence of discrimination by the employer based on race there was insufficient evidence to support a finding that the employer had constructively discharged the plaintiff D. holding that the trial court properly failed to instruct the jury on voluntary intoxication and manslaughter where there was no evidence that the appellant was intoxicated at the time of the offense although there was evidence that the appellant had been drinking beer on the day of the offense where there was no evidence concerning the quantity of beer he had consumed E. holding that although the investigation of the traffic offense that served as the basis for the stop was complete when the officer issued the citation the officers continued detention of the appellant thereafter for a canine search was lawful because during the investigation of the traffic offense the officer had developed a reasonable suspicion that the appellant had committed a drugrelated offense

assistant: The best answer is D. holding that the trial court properly failed to instruct the jury on voluntary intoxication and manslaughter where there was no evidence that the appellant was intoxicated at the time of the offense although there was evidence that the appellant had been drinking beer on the day of the offense where there was no evidence concerning the quantity of beer he had consumed
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 any number of counterparts, each of which shall be an original and all of which together shall constitute, one and the same instrument. This Agreement shall become effective at such time as the counterparts hereof which, when taken together, bear the signature of the Borrower, the Lenders and the Collateral Agent, shall be delivered to or be in the possession of the Lenders and the Collateral Agent. Delivery of an executed counterpart of a signature page of this Agreement by telecopy, e-mail, facsimile transmission, electronic mail in “portable document format” (“.pdf’) form or other electronic means intended to preserve the original graphic and pictorial appearance of the item being sent shall be effective as a delivery of a manually executed counterpart of this Agreement.

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 case excerpt and choose the best holding from the options. Case excerpt: with absent an abuse of discretion. What specific guidance needs to be given, however, is whether the making of one payment of support during the year or the sending of a Christmas card is enough to frustrate the operation of the statute. * * * “ * * * Until this court meets and decides that issue, inconsistent judgments of trial courts and courts of appeals on the question will continue to prevail.” Id. at 107, 515 N.E.2d at 924. Thus far, the Supreme Court of Ohio has not set forth, as to the “maintenance and support” prong of R.C. 3107.07(A), any specific guidelines to resolve this issue. As a result of this lack of guidance, the reported appellate decisions on this issue show a lack of consistency. See, e.g., Celestino v. Schneider (1992), 84 Ohio App.3d 192, 616 N.E.2d 581 (<HOLDING>); In re Adoption of Anthony (1982), 5 Ohio Options: A. holding that natural parents consent for an adoption is required so long as the parent complies with the duty to support for any period during the oneyear preceding the filing of the adoption petition B. holding that a single partial payment of 36 within the oneyear period prior to the filing of the adoption petition qualified as support and maintenance requiring natural parents consent as prerequisite to adoption C. holding that single partial payment of 20 within the oneyear period prior to the filing of the adoption petition was de minimis and did not make natural parents consent necessary for the adoption D. holding that parties not related to the child could not file an adoption petition and later prove the unfitness of the natural parents because the child was not available for adoption as defined in the adoption act parents had to be found unfit before petition could be filed E. holding prior to adoption of child support guidelines that a credit was discretionary

assistant: The best answer is B. holding that a single partial payment of 36 within the oneyear period prior to the filing of the adoption petition qualified as support and maintenance requiring natural parents consent as prerequisite to adoption
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: Alleyne error, Ellis, 868 F.3d at 1170-71, Ellis made clear that a defendant need not ”object[] during,trial to the jury instructions or the general-verdict form to preserve an Al-leyne objection." Id. at 1171. Instead, the burden is on the government to make sure the jury is properly instructed. Id. (“If the government wanted a heightened sentence under [§ 841(b)(1)(A) ], it was obliged to ensure the jury received proper jury instructions and a special-verdict form with spaces enabling the jury to find [the defendant’s] individually attributable powder and crack-cocaine amounts.”). Nevertheless, a defendant must object at some point before she is sentenced to preserve Alleyne error. Id. To be clear, however, use of the term "Alleyne" is not a necessary predicate to preservation. Id, (<HOLDING>). At oral argument, the parties argued Options: A. holding that statutory maximum is twenty years when drug quantity is not charged as element of offense and found by jury beyond a reasonable doubt B. holding that when the indictment charges that a certain minimum quantity of drugs is involved in the offense proof of that quantity is a fourth element of the offense C. holding a defendant can preserve the type of error at issue here by invoking the applicable decision here alleyne or by claiming that the issue of drug quantity should go to the jury that an element of the offense was not proved that the judge cannot determine quantity or that quantity must be proved beyond a reasonable doubt and not by a preponderance of the evidence quotations and alteration omitted D. holding that where the indictment charged drug quantity but drug quantity was not submitted to the jury the district court erred in using drug quantity to increase the penalty beyond the twentyyear maximum of 841b1c E. holding that apprendi dictates that in order to authorize the imposition of a sentence exceeding the maximum allowable without a jury finding of a specific threshold drug quantity the specific threshold quantity must be treated as an element of an aggregated drug trafficking offense ie charged in the indictment and proved to the jury beyond a reasonable doubt internal footnote omitted

assistant: The best answer is C. holding a defendant can preserve the type of error at issue here by invoking the applicable decision here alleyne or by claiming that the issue of drug quantity should go to the jury that an element of the offense was not proved that the judge cannot determine quantity or that quantity must be proved beyond a reasonable doubt and not by a preponderance of the evidence quotations and alteration omitted
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 office during normal business hours. Rev. Breen Deck ¶¶ 22-24. This creates a genuine issue of material fact. See Walsh v. United Parcel Serv., 201 F.3d 718, 726 (6th Cir.2000) (noting that employer’s allowance of medical -leave to other employees created genuine issue of fact as to whether grant of leave to plaintiff would have constituted reasonable accommodation); Swanks v. Washington Metro. Area Transit Auth., 179 F.3d 929, 934 (D.C.Cir.1999) (observing that an employer “ ‘may not obtain summary judgment by declaring it has a policy when [the employee] may have evidence that [the employer] follows the policy ... selectively ” (quoting Baert v. Euclid Beverage, Ltd., 149 F.3d 626, 632 (7th Cir.1998)) (brackets in original)); Woodman v. Runyon, 132 F.3d 1330, 1346 (10th Cir.1997) (<HOLDING>). Carr v. Reno, cited by the defendant, is not Options: A. holding that an employer is not liable where it takes reasonable steps to provide an accommodation and the employee is responsible for a breakdown in the process of identifying a reasonable accommodation B. holding in a similar factual situation that the bankruptcy court had no jurisdiction because it had no actual or constructive possession of the letters of credit involved C. holding that because the employee had engaged in similar religious conduct on prior occasions employer had notice of the conflict D. holding that the employer must offer a medical leave of absence in order to satisfy the requirement of providing a reasonable accommodation E. holding that plaintiff demonstrated factual dispute by providing evidence that employer had granted another employee the requested accommodation in a similar situation

assistant: The best answer is E. holding that plaintiff demonstrated factual dispute by providing evidence that employer had granted another employee the requested accommodation in a similar situation
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: party to file a protest with the contracting agency or to file an action in a district court of the United States or the United States Claims Court.” Venue is proper pursuant to 28 U.S.C. § 1391(e). STANDING The plaintiffs legal standing to appeal the GAO’s decision lies in the Administrative Procedure Act, 5 U.S.C. § 701, et seq.. Section 702 provides that “[a] person suffering legal wrong because of agency action, or adversely affected or aggrieved by agency action within the meaning of a relevant statute, is entitled to judicial review” thereof. The court finds that the plaintiff, as an unsuccessful bidder, has standing to challenge the agency’s decision to award the contract to a third party. See Choctaw Mfg. Co., Inc. v. United States, 761 F.2d 609, 615-16 (11th Cir.1985) (<HOLDING>). FINDINGS OF FACT The majority of facts are Options: A. holding that the losing bidder has standing to challenge the award of a government procurement contract B. holding that if the government is obligated to rebid the contract and the unsuccessful bidder could compete for the contract once again and therefore has an economic interest and standing to challenge the award C. holding that without a valid reason for cancelling the procurement the government violated its duty to conduct a fair procurement D. holding that the definition of procurement under the tucker act is broader than the definition of procurement contract in the fgcaa such that an agency can engage in a procurement process for the purposes of the tucker act even though it is using a cooperative agreement instead of a procurement contract to memorialize the parties agreement E. holding that city had implied contract with bidder to treat bidder fairly

assistant: The best answer is A. holding that the losing bidder has standing to challenge the award of a government procurement contract
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: to state laws, in marked contrast to what prevailed in the time of Chief Justice Marshall.” Organized Village of Kake, 369 U.S. at 74, 82 S.Ct. at 570, 7 L.Ed.2d at 583. The Court has stated repeatedly that, “even on reservations, state laws may be applied unless such application would interfere with reservation self-government or would impair a right granted or reserved by federal law.” Mescalero Apache Tribe, 411, U.S. at 148, 93 S.Ct. at 1270, 36 L.Ed.2d at 119; see also Organized Village of Kake, 369 U.S. at 75, 82 S.Ct. at 570, 7 L.Ed.2d at 583; New York ex rel. Ray v. Martin, 326 U.S. 496, 499, 66 S.Ct. 307, 90 L.Ed. 261, 263 (1946); Draper v. United States, 164 U.S. 240, 17 S.Ct. 107, 41 L.Ed. 419 (1896). But see Williams v. Lee, 358 U.S. 217, 79 S.Ct. 269, 3 L.Ed.2d 251 (1959) (<HOLDING>). ' More recent cases from the Supreme Court Options: A. holding that oklahoma police officer was without jurisdiction to arrest indian inside indian reservation when the state has neither received by express grant nor acted pursuant to congressional authorization to assume criminal jurisdiction over indian country B. holding that the state has no jurisdiction to pursue an indian onto an indian reservation for criminal offenses committed off the reservation C. holding that federal court has neither federal question nor diversity jurisdiction over civil action by nonindian against indian for events occurring on the reservation D. holding that a nevada state court had no jurisdiction to entertain a civil action filed by a nonindian against an indian for events that occurred on indian land E. holding that state has no jurisdiction over civil suit by nonindian against indian where cause of action arises on indian reservation

assistant: The best answer is E. holding that state has no jurisdiction over civil suit by nonindian against indian where cause of action arises on indian reservation
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 claim, dispute or controversy arising out of this agreement, the interpretation, validity or enforcement of this Agreement or the alleged breach thereof shall be submitted by the parties to final, binding and confidential arbitration by the American Arbitration Association (“AAA”), in San Francisco, California, conducted before a single arbitrator under the then-applicable AAA rules. By agreeing to this arbitration procedure, you and the Company waive the right to resolve any such dispute, claim or demand through a trial by jury or judge or by administrative proceeding. You will have the right to be represented by legal counsel at any arbitration proceeding. The arbitrator shall: (a) have the authority to compel adequate discovery for the resolution of the dispute and to award such relief as would otherwise be available under applicable law in a court proceeding; and (b) issue a written statement signed by the arbitrator regarding the disposition of each claim and the relief, if any, awarded as to each claim, the reasons for the award, and the arbitrator’s essential findings and conclusions on which the award is based. The Company shall pay all AAA arbitration fees, except the amount of such fees equivalent to the filing fee you would have paid if the claim had been litigated in court. Nothing in this offer letter is intended to prevent either you or the Company from obtaining injunctive relief in court to prevent irreparable harm pending the conclusion of any arbitration, including but not limited to any disputes or claims relating to or arising out of the misuse or appropriation of the Company’s trade secrets or confidential and proprietary information. Judgment may be entered on the award of the arbitration in any court having jurisdiction.

assistant: Arbitration
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 representations and warranties contained herein or made in writing by or on behalf of each Guarantor in connection herewith shall survive the execution and delivery of this Guaranty, the transfer by any Holder of any Note or portion thereof or interest therein and the payment of any Note, and may be relied upon by any Transferee, regardless of any investigation made at any time by or on behalf of Prudential, any Holder or any Transferee. Subject to the immediately preceding sentence, this Guaranty and the other Transaction Documents embody the entire agreement and understanding between the parties hereto with respect to the subject matter hereof and supersede all prior agreements and understandings relating to the subject matter 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 case excerpt and choose the best holding from the options. Case excerpt: such that the name of — U.S. -, 125 S.Ct. 1885, 1895, 161 L.Ed.2d 796 (2005) (“States may not enact laws that burden out-of-state producers or shippers simply to give a competitive advantage to in-state businesses.”). Based on these decisions, he argues that Va.Code 46.2-716 violates the Constitutional prohibition of state laws that discriminate against out of state commerce. The merits of defendant’s negative commerce clause argument are doubtful, given that the Virginia statute, as applied to all vehicles traveling in Virginia, is both reasonable and neither discriminates against interstate commerce, nor results in an unreasonable burden on such commerce. See American Trucking Associations, Inc. v. Michigan Public Service Com’n, — U.S. -, 125 S.Ct. 2419, 2423, 162 L.Ed.2d 407 (2005) (<HOLDING>). In any event, it is unnecessary to reach the Options: A. holding 18 usc 922o a valid exercise of congressional power under commerce clause B. holding that michigans imposition of flat 100 annual fee on trucks engaging in intrastate commercial hauling was valid exercise of states police power which did not violate dormant commerce clause C. holding that state regulations of intrastate wildlife are within dormant commerce clause D. holding that dormant commerce clause complaint by instate resident against municipality failed on merits because challenged rule regulated evenhandedly and did not burden interstate commerce E. recognizing that congress had the power to regulate boxcars that traveled exclusively intrastate because of their inherent mobility and connection to interstate commerce it is no objection to such an exertion of commerce clause power that the dangers intended to be avoided arise in whole or in part out of matters connected with intrastate commerce

assistant: The best answer is B. holding that michigans imposition of flat 100 annual fee on trucks engaging in intrastate commercial hauling was valid exercise of states police power which did not violate dormant commerce clause
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: pursuant to a debtor’s prepetition arbitration agreement. Id. See also 11 U.S.C. § 547(b) (“The trustee may avoid any transfer of an interest of the debtor in property....”). But under section 1107 of the Code, a debtor in possession functions in the same way as a trustee for purposes of bringing avoidance actions: “a debtor in possession shall have all the rights, and powers, and shall perform all the functions and duties ... of a trustee serving in a case under this chapter.” 11 U.S.C. § 1107(a). A liquidating trust that obtains the rights to pursue avoidance actions is likewise not bound by an arbitration clause entered into by the prepetition debtor. See OHC Liquidation Trust v. American Bankers Insurance Co. (In re Oakwood Homes Corp.), 2005 WL 670310, at *4 (Bankr.D.Del.2005) (<HOLDING>). Defendants argue that Allegaert is not Options: A. holding liquidating trust liable for ust fees B. holding in a case where a chapter 11 trustee was appointed after a period during which the debt or had operated as debtor in possession that a chapter 11 trustee has two years from the date of his appointment not from the commencement of the chapter 11 case to bring avoidance actions C. holding that chapter 13 debtors have standing to bring avoidance actions by reasoning that chapter 13 trustee has standing but little incentive to bring avoidance actions that will result in benefit to debtors of recovering exempt assets D. holding that a liquidating trust established by a chapter 11 debtor to bring actions to avoid fraudulent and preferential transfers was not bound by an agreement between defendants and the debtor to arbitrate disputes as the trustee of the liquidating trust was bringing the avoidance actions on behalf of creditors E. holding that property a debtor holds only in trust for another is not an interest of the debtor in property under 11 usc 547b which authorizes the trustee to avoid certain preferential payments to creditors made before bankruptcy

assistant: The best answer is D. holding that a liquidating trust established by a chapter 11 debtor to bring actions to avoid fraudulent and preferential transfers was not bound by an agreement between defendants and the debtor to arbitrate disputes as the trustee of the liquidating trust was bringing the avoidance actions on behalf of creditors
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: Lessee may not assign this Lease, or any interest herein without Lessor's written consent which consent shall not be unreasonably withheld. Notwithstanding the foregoing, and provided the use of the Premises remains consistent with Lessee's use, Lessee shall be permitted to assign this Lease or sublet any part of the Premises without any further consent of Lessor to any affiliate, subsidiary, sister company or entity in which Lessee's parent company owns and holds the controlling interest. Upon such assignment or subletting Lessee, shall immediately provide to Lessor a copy of the fully executed assignment or sublease containing all terms, rents and addresses of the assignee/sublessee. In the event of an assignment or sublease, any monthly rental received by Lessee which exceeds the total monthly Rent due as determined in paragraph 3 above, shall immediately be remitted to Lessor. In all events, Lessee shall remain primarily liable for all obligations under this Lease. In all events, Lessee shall remain primarily liable for all obligations under this lease.

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 case excerpt and choose the best holding from the options. Case excerpt: prejudiced by constitutional error or that a nonconstitutional error occurred constituting a fundamental defect that inherently resulted in a complete miscarriage of justice. In re Pers. Restraint of Lord, 123 Wn.2d 296, 303, 868 P.2d 835 (1994). The bar on successive petitions under RCW 10.73.140 does not apply to the state Supreme Court. In re Pers. Restraint of Johnson, 131 Wn.2d 558, 566, 933 P.2d 1019 (1997). However, where the second petition is similar to the first, “good cause” must be shown. Id. at 564-66. ANALYSIS A. Crawford’s Retroactivity ¶10 Historically, we have attempted to maintain congruence in our retroactivity analysis with the standards articulated by the United States Supreme Court. See In re Pers. Restraint of Sauve, 103 Wn.2d 322, 328, 692 P.2d 818 (1985) (<HOLDING>); In re Pers. Restraint of St. Pierre, 118 Options: A. holding that in light of the established violation of section 401 and the supreme courts decision in wirtz the court has no discretion as to whether or not to order new elections B. holding that the united states court of federal claims does not have jurisdiction over a new claim or a claim of different scope that was not previously presented and certified to the contracting officer for decision C. holding that the balancing test established by the united states supreme court was still appropriate to determine the retroactivity or nonretroactivity of a new decision D. holding that the federal habeas courts task is to determine if the state courts decision was contrary to or involved an unreasonable application of clearly established federal law as determined by the supreme court of the united states E. holding that our courts are bound by the united states supreme courts interpretation of the federal constitution

assistant: The best answer is C. holding that the balancing test established by the united states supreme court was still appropriate to determine the retroactivity or nonretroactivity of a new decision
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: found that there were legitimate reasons for a school's anti-nepotism policy, the dissent overlooks the court's language marking as unconstitutional a public employer’s adverse employment action based only on a protected right. Here, we have just that. Unlike the case in Montgomery, we are not deciding this case on the merits; in viewing the facts in favor of Barrett, he was denied employment only because he was exercising his right to educate his son in a manner of his choice. 4 . In its opinion, the district court cited precedent from the Fifth and Eleventh Circuits to support the proposition that dictating where an employee of the school district can send his child to school infringes on the familial rights of that teacher. See Fyfe v. Curlee, 902 F.2d 401, 403 (5th Cir.1990) (<HOLDING>); Stough v. Crenshaw County Bd. of Educ., 744 Options: A. holding that court may order reimbursement of private school expenses incurred by parents of handicapped child in successful challenge to iep brought under eha predecessor to idea stating that it is beyond cavil that appropriate relief would include a prospective injunction directing the school official to develop and implement at public expense an iep placing the child in a private school and affirming reimbursement award against petitioner local school district B. holding that a students private school tuition should be reimbursed where parent did not unilaterally place student in private school because the school district tacitly consented to the private school attendance before proposing a different placement C. holding that retaliation against a school employee who placed her child in private school violates rights protected under the first amendment and the penumbra of familial privacy rights recognized by the supreme court D. holding that private possession of child pornography is not protected by the first amendment E. holding that search of middle school student violated her fourth amendment rights

assistant: The best answer is C. holding that retaliation against a school employee who placed her child in private school violates rights protected under the first amendment and the penumbra of familial privacy rights recognized by the supreme court
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: F.3d 510, 512-13 (8th Cir.1996). 5 . Compare 18 U.S.C. § 3583(e)(3) (1994) (authorizing courts to "revoke a term of supervised release, and require the person to serve in prison all or part of the term of supervised release without credit for time previously serviced on postrelease supervision”), with 18 U.S.C. § 3583(e)(3) (1997) (authorizing courts to "revoke a term of supervised release, and require the defendant to serve in prison all or part of the term of supervised release authorized by statute for the offense that resulted in such term of supervised release without credit for time previously served on postrelease supervision”) (emphasis added). The latter version of § 3583(e)(3) applies to Xinidakis because he was convicted in 1999. See Johnson, 529 U.S. at 701, 120 S.Ct. 1795 (<HOLDING>). 6 . The issue confronting Johnson, whether § Options: A. recognizing that the significance of a criminal history in sentencing varies based on the gravity nature and number of prior offenses as they relate to the current offense B. holding that a trial court errs by failing to limit the definitions of the culpable mental states as they relate to the conduct elements involved in the particular offense C. holding that statutory appeal bonds relate to the jurisdiction of the court D. holding the mcarn exception requirefs that the acts complained of warrant the imposition of criminal penalties as opposed to mere civil penalties E. holding that postrevocation penalties relate to the original offense

assistant: The best answer is E. holding that postrevocation penalties relate to the original offense
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: In light of these decisions, Nolan urges that he could not have filed his § 2255 petition before Henderson v. United States was decided. Only then, in his view, was it finally clear that a petitioner in his situation could not be penalized for any shortcomings in the district court’s treatment of his post-conviction filings. But Nolan is asking for too much: why stop with Henderson, for example? The Supreme Court did not endorse Henderson’s approach until December 15, 2003, when it issued its opinion in Castro. When Nolan and Henderson filed their Rule 33 motions in April 1997, the one-year grace period available to all prisoners whose proceedings had ended before the April 1996 effective date of AEDPA was about to expire. See Newell v. Hanks, 283 F.3d 827, 833 (7th Cir.2002) (<HOLDING>). Nolan chose then to file a Rule 33 motion, Options: A. holding that the drastic sanction of preclusion of expert witnesses was not warranted based on failure to furnish discovery by the discovery deadline when the deadline could have been shifted B. holding that 24 foreclosure was substantial under the facts of that case C. holding that the deadline under the grace period was april 24 1997 D. holding that the legal expenses attributable to the accrued lien and the grace period must be prorated between the employer and the claimant E. holding jones should be entitled to prosecute appeal on reasonably explaining need for extension to file perfecting instrument filed after deadline but within 15day grace period for filing motion to extend time to file perfecting instrument

assistant: The best answer is C. holding that the deadline under the grace period was april 24 1997
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 titles and headings of this Sublease are for convenience of reference only and shall not in any way be deemed a part of this Sublease for the purpose of construing or interpreting the meaning thereof, or for any other purpose.

assistant: Headings
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 Administrative Agent shall have received evidence that all boards of directors, governmental, shareholder and material third party consents and approvals necessary in connection with the Transactions have been obtained and all applicable waiting periods have expired without any action being taken by any authority that could restrain, prevent or impose any material adverse conditions on such transactions or that could seek or threaten any of the foregoing.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: any such unmoderated content will not be covered by constitutional protection under the swedish fundamental law on freedom of expression as per the paragraph above and truecaller will not be liable for the publication of such content .

assistant: Limitation of liability
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: reactions and actions taken in response to an alleged threat are relevant to the determination of whether a statement is a ‘true threat.’ ”). While the victim’s subjective view is not controlling, it is assuredly relevant. Thus, the district court did not abuse its discretion in permitting Amy to explain why certain of the appellant’s words and deeds frightened her. There is one loose end. The appellant argues that an FBI agent should not have been permitted to opine that a bag found in the appellant’s house, which contained among other things a knife, rubber gloves, and duct tape, was a “murder kit.” This was not a lay opinion at all: the agent had 10 years of law-enforcement experience and was trained in forensics. See United States v. Hoffman, 832 F.2d 1299, 1310 (1st Cir.1987) (<HOLDING>). We need not belabor the point. The only Options: A. holding that a state conviction is a drug trafficking offense because the trafficked drug is listed in a csa schedule B. holding that dea agents experience in combating drug trafficking qualified him to opine on the meaning of a coded telephone conversation between suspected dealers C. holding that prior drug trafficking conviction was admissible to prove intent to distribute D. recognizing the connection between guns and drug trafficking E. recognizing the inherent danger in stopping those suspected of drug trafficking for which guns are known tools of the trade

assistant: The best answer is B. holding that dea agents experience in combating drug trafficking qualified him to opine on the meaning of a coded telephone conversation between suspected dealers
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: or the child having been shaken severely." Transcript at 920. Dr. Rych-walski testified that severe shaking caused the retinal hemorrhages. Dr. Betty Spi-vak, an expert in pediatric medicine and forensics, testified that impact and shaking caused Blake's injuries Dr. Margie Joyce, an expert in the field of radiology and pediatric radiology, testified that the findings of subdural hematomas together with other bone fractures are highly suspicious of battered child syndrome. Consequently, the record reveals overwhelming evidence, and any violation of separation of witnesses order was harmless. There is no reasonable probability that Dr. Burrows's testimony regarding the chest bruise and sternum rub contributed to the verdict. See, e.g., Osborne v. State, 754 N.E.2d 916, 927 (Ind.2001) (<HOLDING>). Accordingly, the trial court did not abuse Options: A. holding that the admission of a family photo was harmless error in light of the overwhelming evidence in support of the conviction B. holding the error harmless in light of the overwhelming evidence of guilt C. holding that the error of allowing unsequestered witnesses to testify in violation of a motion to separate witnesses was harmless error because the state presented overwhelming evidence supporting defendants conviction D. holding that any error that court may have made in admitting inadmissible evidence was harmless because government presented overwhelming evidence establishing defendants guilt E. holding that error from the erroneous admission of evidence was harmless in light of the overwhelming evidence of the defendants guilt

assistant: The best answer is C. holding that the error of allowing unsequestered witnesses to testify in violation of a motion to separate witnesses was harmless error because the state presented overwhelming evidence supporting defendants conviction
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 any number of counterparts, each of which shall be an original, but all of which together shall constitute one instrument. Execution and delivery of this Agreement by exchange of facsimile copies bearing the facsimile signature of a Party shall constitute a valid and binding execution and delivery of this Agreement by such Party.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: if you use commerce features of the services that require credit or debit card information , such as our buy now feature , you agree to our twitter commerce terms ( https://support.twitter.com/articles/20171943 ) .

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: Watts Petition claims that Watts has standing to pursue a claim in the ancillary proceeding as a third-party beneficiary of the Assignment from USW to D & B. (Watts Petition ¶ 6, claiming that “Petitioner Watts is a third-party beneficiary of the Assignment from USW to his counsel for payment of his legal fees and expenses in this criminal case, and had a property interest in the funds assigned for said purpose.”) Under New York law, “[p]arties asserting third-party beneficiary rights under a contract must establish the existence of a valid and binding contract between other parties.... ” Mendel v. Henry Phipps Plaza W., Inc., 6 N.Y.3d 783, 811 N.Y.S.2d 294, 844 N.E.2d 748, 751 (2006) (citation omitted); see also Highland Capital Mgmt. LP v. Schneider, 607 F.3d 322, 324 (2d Cir.2010) (<HOLDING>). The government here argues that the Options: A. holding that plaintiff could not prevail as a thirdparty beneficiary where contract was not valid B. holding that the governments cooperation with a thirdparty is not sufficient to establish a thirdparty beneficiary relationship C. recognizing common law cause of action as thirdparty beneficiary D. holding that the thirdparty beneficiary theory did not apply E. holding employer thirdparty beneficiary could compel arbitration

assistant: The best answer is A. holding that plaintiff could not prevail as a thirdparty beneficiary where contract was not valid