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: This Award Agreement may be amended or modified at any time by an instrument in writing signed by the parties hereto. Notwithstanding the foregoing, the Deferral Election shall be irrevocable and the dates specified for distribution of vested Award Shares may not be modified after the date hereof except as otherwise permitted under Section 409A of the Code.

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: This Thirteenth Amendment may be executed by one or more of the parties hereto in any number of separate counterparts, and all of such counterparts taken together shall be deemed to constitute one and the same instrument. Delivery of this Thirteenth Amendment by facsimile transmission or via .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: Secured Party covenants and agrees, on a continuing basis, to use reasonable efforts to maintain the confidentiality of and not to disclose to any person other than its officers, directors, attorneys and accountants and subsidiaries and affiliates, and such other persons to whom Secured Party shall at any time be required to make such disclosure in accordance with applicable law, any and all proprietary, trade secret or confidential information provided to or received by Secured Party from or on account of Debtor or any subsidiary or affiliate of Debtor, including business plans and forecasts, non-public financial information, confidential or secret processes, formulae, devices or contractual information, customer lists, employee relation matters, and any other information the disclosure of which could reasonably be expected to have a material adverse impact on the business, finances or operations of Debtor or its subsidiaries and affiliates; provided , however , the foregoing provisions shall not be effective regarding the disposition of Collateral after an Event of Default.

assistant: Confidentiality
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 (a) constitutes the entire agreement and understanding among the Parties with respect to the subject matter hereof, and supersedes all prior agreements and understandings, both written and oral, among the Parties with respect to such subject matter; and (b) are not intended to confer upon any other Person any rights or remedies hereunder, except as expressly provided in Section 9.4.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: As of the Closing Date, part (A) of the Subsidiary Certificate sets forth the name and jurisdiction of incorporation of each Subsidiary and, as to each such Subsidiary, the percentage of each class of Capital Stock owned by any Grantor.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: ebay may , without further notice or warning and in its discretion , monitor or record telephone conversations you or anyone acting on your behalf has with ebay or its agents for quality control and training purposes , or for its own protection .

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: without limiting the generality of the foregoing , any fraudulent , abusive , or otherwise illegal activity , or that may otherwise affect the enjoyment of the service or the internet by others may be grounds for termination of your access to all or part of the service at our sole discretion , and you may be referred to appropriate law enforcement agencies .

assistant: Unilateral termination
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: manner” that the legislature did not intend. Id., 562 A.2d at 136. According to the court, the purpose of § 16-1502, the service of summons statute that was amended at the same time as § 45-1406, the service of notice to quit statute, was to help ensure that a tenant was actually provided with the summons. Thus, where a technical application of the statute would not accomplish this goal, technical compliance would not comport with the spirit in which § 16-1502 was enacted. The court concluded that enant from the method of service — the case here— and the method of service can be accommodated by the language of the statute, consistent with case law and the statute’s legislative history, the court should not invalidate an otherwise adequate notice to quit. Ontell, supra, 527 A.2d at 1295 (<HOLDING>); compare Jones v. Brawner Co., 435 A.2d 54, 56 Options: A. recognizing that the applicant received notice from the plea form even though such notice was not required B. holding that notice to an englishspeaking commercial tenant was sufficient even though it was written only in english and not also in spanish as 451406 requires C. holding that when counsel was present when a trial date was announced and received written notice of the date even though the client did not receive notice the attorneys knowledge was imputed to the client D. holding issue waived because it was not mentioned in brief but was only raised in notice of appeal E. holding that verbal notice was sufficient

assistant: The best answer is B. holding that notice to an englishspeaking commercial tenant was sufficient even though it was written only in english and not also in spanish as 451406 requires
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 stock options and their underrepresentation in top-level managerial jobs” (Reskin Report ¶¶ 2.1, 2.5). In addition, Dr. Reskin concluded that Allstate’s employment practices fail to check the biases that discretion permits (id. ¶ 2.4). Allstate has filed a motion to strike Dr. Reskin’s report under Daubert (doc. # 207). We need not decide that question because, even assuming that Dr. Reskin’s report passes muster under Daubert, we do not find it persuasive on the issue of commonality. Most of Dr. Reskin’s opinion relies on laboratory studies, “experimental research,” and various historical trends and ideas which lead her to the conclusion that subjective decision-making is inherently flawed: a conclusion that flies in the face of the governing ease law. See Blise, 409 F.3d at 868 (<HOLDING>). Based on this improper assumption, Dr. Options: A. holding that intent plays no role in the application of the doctrine of equivalents B. holding that a doctors reliance on properly discounted subjective complaints is a specific legitimate reason C. holding that disparate impact analysis may be applied to subjective employment practices in employment discrimination actions D. holding that plaintiffs evidence of statistical disparities in hiring promotion and compensation was sufficient to support claim of intentional discrimination where the employment decisions were based on completely subjective criteria E. holding that subjective decisionmaking plays an important and legitimate role in employment decisions

assistant: The best answer is E. holding that subjective decisionmaking plays an important and legitimate role in employment decisions
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, provision, covenant or restriction of this Agreement (including the Waiver and General Release) is held by a court of competent jurisdiction or other tribunal to be invalid, void or unenforceable, the remainder of the terms, provisions, covenants and restrictions of this Agreement shall remain in full force and effect and shall in no way be affected, impaired or invalidated.

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: There are no suits, actions or claims, legal, administrative or arbitration proceedings pending or, to Seller’s knowledge, threatened against any Seller, or to which any Seller is a party (whether or not covered by insurance) which in any manner relate to or affect the Purchased Assets. To Seller’s knowledge, there is not outstanding any notice, order, writ, injunction or decree of any court, governmental agency or arbitration tribunal relating to or affecting the Purchased Assets.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: to attribute quantity of drugs to a co-conspirator despite differences in the drugs’ "color and purity” because the drugs were reasonably foreseeable and within the scope of the conspirators’ agreement). 24 . We also reject Anderson’s contention that the district court erred in admitting his prior drug possession convictions as evidence of intent or state of mind. See supra Part IV(A). Anderson put his state of mind and intent into issue by pleading not guilty and claiming that he had not intended to possess the crack cocaine or participate in the conspiracy. The prior drug possession convictions, however, make it more likely that Anderson had knowledge of and intended to participate in the crimes committed by this group. See United States v. Willis, 6 F.3d 257, 262 (5th Cir.1993) (<HOLDING>); United States v. Gadison, 8 F.3d 186, 192 Options: A. holding prior drug convictions relevant to show that defendant had knowledge and intent necessary to possess drugs at issue in case B. holding that despite differences in method evidence of subsequent drug smuggling could be admitted to show prior knowledge and intent C. holding that previous firearm possessions were relevant to show defendants knowledge and intent to possess a firearm where police saw defendant holding and discarding a gun D. holding that evidence of prior drug transactions was admissible under rule 404b to show inter alia intent to enter into the drug conspiracy and knowledge of the conspiracy E. holding prior drug deals admissible to prove knowledge of the drug trade

assistant: The best answer is A. holding prior drug convictions relevant to show that defendant had knowledge and intent necessary to possess drugs at issue in case
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, during the Protected Period following each Change in Control, the Executive’s employment is terminated either (i) by the Company (other than for Total Disability or Cause) or (ii) by the Executive for Good Reason, then the Executive shall be entitled to the benefits provided in this Section 3 (collectively and severally “ Termination Benefits ”). The Company’s obligation to pay the Termination Benefits are subject to Executive’s compliance with Section 5 (Non-Competition) and Section 7.9 (Release).

assistant: General
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 maintenance and operation of the camp was improper because the record indicated that part of this amount included the replacement cost of equipment which the seller continued to own. The court then remanded the cause for a re-determination of the consequential damages. From these cases, we cannot agree with the Rogerses that consequential damages are improper in the context of a breach of a contract for the purchase of real estate. As noted above, the Hill case makes no mention of consequential damages. And the implication of the Showalter holding is that some consequential damages might have been proper. Therefore, we see no reason why the general rule for consequential damages resulting from breach of contract should not apply. Cf. Stoneburner v. Fletcher, 408 N.E.2d at 551 (<HOLDING>). The Rogerses further note that "nowhere in Options: A. holding that the measure of damages of converted property is the market value at the time of conversion B. holding failure to raise issue of improper measure of damages in trial court waived review of complaints that proper measure of damages was not submitted to jury and that plaintiff failed to present evidence on the proper measure C. holding that the proper measure of damages to repair defects for a building contract that has not been substantially performed is the contractually agreed upon measure of damages D. holding that if respondents suit is one for permanent damages to the land the measure of damages is the decreased value of the land E. holding that where the customary measure of damages for a vendors failure or refusal to convey land was inapplicable the measure of damages must be flexible enough to vary with the necessities of the situation

assistant: The best answer is E. holding that where the customary measure of damages for a vendors failure or refusal to convey land was inapplicable the measure of damages must be flexible enough to vary with the necessities of the 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 legal provision and list the applicable contract clause categories. Provision: Provided that no Default or Event of Default has occurred and is then continuing, the Borrower shall have the option to (a) convert at any time following the third Business Day after the Closing Date all or any portion of any outstanding Base Rate Loans (other than Swingline Loans) in a principal amount equal to $1,000,000 or any whole multiple of $500,000 in excess thereof into one or more LIBOR Rate Loans and (b) upon the expiration of any Interest Period, (i) convert all or any part of its outstanding LIBOR Rate Loans in a principal amount equal to $3,000,000 or a whole multiple of $1,000,000 in excess thereof into Base Rate Loans (other than Swingline Loans) or (ii) continue such LIBOR Rate Loans as LIBOR Rate Loans. Whenever the Borrower desires to convert or continue Loans as provided above, the Borrower shall give the Administrative Agent irrevocable prior written notice in the form attached as Exhibit E (a “ Notice of Conversion/Continuation ”) not later than 12:00 p.m. three (3) Business Days before the day on which a proposed conversion or continuation of such Loan is to be effective specifying (A) the Loans to be converted or continued, and, in the case of any LIBOR Rate Loan to be converted or continued, the last day of the Interest Period therefor, (B) the effective date of such conversion or continuation (which shall be a Business Day), (C) the principal amount of such Loans to be converted or continued, and (D) the Interest Period to be applicable to such converted or continued LIBOR Rate Loan . If the Borrower fails to give a timely Notice of Conversion/Continuation prior to the end of the Interest Period for any LIBOR Rate Loan, then the applicable LIBOR Rate Loan shall be converted to a Base Rate Loan. Any such automatic conversion to a Base Rate Loan shall be effective as of the last day of the Interest Period then in effect with respect to the applicable LIBOR Rate Loan. If the Borrower requests a conversion to, or continuation of, LIBOR Rate Loans, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month. Notwithstanding anything to the contrary herein, a Swingline Loan may not be converted to a LIBOR Rate Loan. The Administrative Agent shall promptly notify the affected Lenders of such Notice of Conversion/Continuation.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: if you are between the ages of 13-18 , you may use the services ( excluding under armour shopping and myfitnesspal ) only with the supervision and consent of a parent or guardian .

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: QTS and/or the Company shall employ Executive, and Executive shall serve as the Chief Scientist of QTS commencing upon the Effective Date, and continuing thereafter for a two (2) year term (the “ Term ”), unless earlier terminated under Article 4; provided , that the Term shall automatically renew for additional one (1)-year periods unless QTS (and/or the Company) or Executive gives notice of non-renewal at least thirty (30) days prior to expiration of the Term (as it may have been extended by any renewal period).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company shall reimburse the lead Buyer for all reasonable costs and expenses incurred by it or its affiliates in connection with the structuring, documentation, negotiation and closing of the transactions contemplated by the Transaction Documents (including, without limitation, as applicable, all reasonable legal fees of outside counsel and disbursements of Kelley Drye & Warren, LLP, counsel to the lead Buyer, not to exceed $50,000 (which, for the avoidance of doubt, does not include any amounts due and payable to any Buyer or Kelley Drye & Warren, LLP prior to the date hereof, the “ Prior Expenses ”), any other reasonable fees and expenses in connection with the structuring, documentation, negotiation and closing of the transactions contemplated by the Transaction Documents and due diligence and regulatory filings in connection therewith) (the “ Transaction Expenses ”) and such Transaction Expenses and any remaining Prior Expenses shall be withheld by the lead Buyer from its Purchase Price at the Closing; provided, that the Company shall promptly reimburse Kelley Drye & Warren, LLP on demand for all Transaction Expenses not so reimbursed through such withholding at the Closing. The Company shall be responsible for the payment of any placement agent’s fees, financial advisory fees, transfer agent fees, Depository Trust Company (“ DTC ”) fees or broker’s commissions (other than for Persons engaged by any Buyer) relating to or arising out of the transactions contemplated hereby. The Company shall pay, and hold each Buyer harmless against, any liability, loss or expense (including, without limitation, reasonable attorneys’ fees and out-of-pocket expenses) arising in connection with any claim relating to any such payment. Except as otherwise set forth in the Transaction Documents, each party to this Agreement shall bear its own expenses in connection with the sale of the Securities to the Buyers.

assistant: Fees
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: Smith v. Conlon, 355 So.2d 859 (Fla. 3d DCA 1978). The statute’s purpose, according to the court in Roberts, “is to discourage contesting valid claims by insureds against insurance companies.” Greenberg correctly says that his action against Sheridan does not arise under the Insurance Code and that the trial court’s fee award was not made under Section 627.-428(1). He argues that therefore Roberts is not controlling. His argument proves too much. If the award of attorneys’ fees to him is not pursuant to any statutory authority (it being undisputed that there was no contractual arrangement for fees), there is no authority at all for a fee award. Greenberg points to Duncanson v. Service First, Inc., 157 So.2d 696 (Fla. 3d DCA 1963), as stating a contrary rule. A close (Fla. 3d DCA 1966) (<HOLDING>); Susman v. Schuler, 328 So.2d 30 (Fla. 3d DCA Options: A. holding that a cause of action for illegal arrest and false imprisonment accrued at the time plaintiff was released from his alleged illegal restraint and not when the proceedings by which his arrest occurred terminated B. holding in a false imprisonment action that the plaintiff is not entitled to recover attorneys fees unless the services were to secure his discharge from the illegal restraint C. holding that false arrest and false imprisonment claim were not duplicative D. holding that on the basis of usages and principles of equity plaintiff was entitled to recover his attorneys fees to defend prior lawsuit because the expenses were caused by the defendants wrongful act E. holding that in an action for malicious prosecution the plaintiff is entitled to recover damages not only for his unlawful arrest and imprisonment but also for expenses of his defense

assistant: The best answer is B. holding in a false imprisonment action that the plaintiff is not entitled to recover attorneys fees unless the services were to secure his discharge from the illegal restraint
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: seek additional attorneys’ fees in the circuit court under the UTPA, which provides for reasonable attorneys’ fees and costs); Muller v. Myrtle Beach Golf & Yacht Club, 313 S.C. 412, 416, 438 S.E.2d 248, 250 (1993) (finding Appellant waived right to recover appellate costs and fees under Rule 222 as he failed to file an itemized statement of costs prior to the Court’s issuance of the remittitur, but holding that Appellant could seek appellate costs in the circuit court based on his statutory right under section 29-5-10 (authorizing costs incurred for the enforcement of a mechanic’s lien) as “Rule 222 does not preempt an award of attorney’s fees to which one is otherwise entitled” (citation omitted)); McDowell v. S.C. Dep’t of Soc. Servs., 304 S.C. 539, 543, 405 S.E.2d 830, 833 (1991) (<HOLDING>); see also Parker v. Shecut, 359 S.C. 143, 597 Options: A. holding that an award of attorneys fees under supreme court rule 38 precursor to rule 222 did not preempt an award of attorneys fees to which one is otherwise entitled and thus appellant could seek an award of attorneys fees pursuant to section 1577300 which permits an award of fees for a party prevailing in an action against a state agency B. holding trial court had no authority to award attorneys fees when arbitrator had stated he would not award attorneys fees C. holding merely that the evidence was sufficient to support the award of attorneys fees D. holding that an attorneys fees award is not appealable until the amount of the award is set E. holding that it was not an abuse of discretion for the court to deny an award of attorneys fees to the wife

assistant: The best answer is A. holding that an award of attorneys fees under supreme court rule 38 precursor to rule 222 did not preempt an award of attorneys fees to which one is otherwise entitled and thus appellant could seek an award of attorneys fees pursuant to section 1577300 which permits an award of fees for a party prevailing in an action against a state agency
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: Landlord and Tenant hereby warrant to each other that they have had no dealings with any real estate broker or agent in connection with the negotiation of this Second Amendment other than Cushman & Wakefield of California, Inc. and Jones Lang LaSalle (the " Broker "), and that they know of no other real estate broker or agent who is entitled to a commission in connection with this Second Amendment. Each party agrees to indemnify and defend the other party against and hold the other party harmless from and against any and all claims, demands, losses, liabilities, lawsuits, judgments, and costs and expenses (including, without limitation, reasonable attorneys' fees) with respect to any leasing commission or equivalent compensation alleged to be owing on account of the indemnifying party's dealings with any real estate broker or agent, other than the Broker, occurring by, through, or under the indemnifying party. The terms of this Section 7 shall survive the expiration or earlier termination of the term of the Lease, as hereby amended.

assistant: Brokers
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 Loan Party shall not, nor shall it permit any of its Subsidiaries to, directly or indirectly, use the proceeds of any Loans, or lend, contribute or otherwise make available such proceeds to any Subsidiary, joint venture partner or other individual or entity, to fund any activities of or business with any individual or entity, or in any Designated Jurisdiction, that, at the time of such funding, is the subject of Sanctions, or in any other manner that will result in a violation by any individual or entity (including any individual or entity participating in the transaction, whether as Lender, the Administrative Agent, or otherwise) of Sanctions.

assistant: Sanctions
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: During the Term (defined below), the Employer shall employ Executive to serve as, and the Company shall appoint or cause to be appointed the Executive to the position of, the COO of the Company, upon the terms and conditions set forth in this Agreement, and Executive shall report directly to the Chief Executive Officer of the Company (the “ CEO ”), unless otherwise determined by the Board of Directors of the Company (the “ Board ”). In addition, during the Term, Executive shall serve as the COO of the Operating Partnership and the Employer and shall report to the CEO, unless determined otherwise by the Board. For the avoidance of doubt, Executive shall be an employee of the Employer.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each party to this Agreement represents and warrants to the other party that (a) this Agreement constitutes a valid and binding obligation of such party, enforceable against it in accordance with its terms, and (b) the execution, delivery and performance of this Agreement by such party will not violate any of its organizational documents or any agreement, judgment, order, decree, or other obligation or legal requirement to which such party is subject or by which it is bound.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: failed to state a claim due to its incorrectly naming the legal theory entitling the plaintiff to relief). The second line of precedent' holds that post-deprivation process is never enough if the liberty deprivation results from a criminal conviction. The Due Process Clause’s central command is that criminal defendants must receive fair trials. See Bell v. Wolfish, 441 U.S. 520, 535, 99 S.Ct. 1861, 60 L.Ed.2d 447 (1979) (“[U]nder the Due Process Clause, a detainee may not bé punished prior to an adjudication of guilt in accordance' with due prócéss of law.”). Notwithstanding the Parratt-Hudson doctrine, that is' true even if the trial is made unfair by the isolated and unauthorized act of a state employee. See Bracy v. Gramley, 520 U.S. 899, 905, 117 S.Ct. 1793, 138 L.Ed.2d 97 (1997) (<HOLDING>); Albright, 510 U.S. at 281, 114 S.Ct. 807 Options: A. holding that a conviction would violate due process if the judge disfavored the defendant in retaliation for the defendants refusal to pay a bribe B. holding that doctrine does not violate due process C. holding that the defendant bears the burden of proof and that such a disposition does not violate the due process clause D. holding that even though the offense was not of a sexual nature requiring the defendant to register as a sex offender following his conviction for false imprisonment of a minor was rationally related to the government interest in protecting the public and did not violate the defendants right to due process or equal protection under the law E. holding that the defendants could not be held in contempt for failure to pay more than the fee cap amount because the court cannot order the djefendants to violate an act of congress to pay the total award

assistant: The best answer is A. holding that a conviction would violate due process if the judge disfavored the defendant in retaliation for the defendants refusal to pay a bribe
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: supra, 463 U.S. at 1049, 103 S.Ct. at 3481, 77 L.Ed.2d at 1220; see also Gamble, supra, 218 N.J. at 431-32, 95 A.3d 188. The protective sweep exception in the automobile setting does not turn solely on the 53 (2003) (same). We disagree, however, with the trial court’s conclusion that Officer Ceei’s search of the car was a valid protective sweep. There is no doubt that Officer Ceci’s concerns that defendant and Henderson could be armed were justified. Prompted by the dispatcher, the officer properly relied on information provided by the NCIC database, which is used nationwide to protect police officers “who are at risk when they approach individuals during a traffic stop.” Sloane, supra, 193 N.J. at 434, 939 A.2d 796 (citing United States v. Finke, 85 F.3d 1275, 1280-81 (7th Cir. 1996) (<HOLDING>)). The setting in which the stop took place — Options: A. recognizing due process concerns inherent in sentencing based on false criminal history B. holding a court may consider a defendants criminal history even if that history is included in the defendants criminal history category C. recognizing that concerns for officer safety warrant criminal history check during traffic stop D. holding that an officer may order a passenger out of a vehicle during a stop for a traffic infraction E. holding officer had reasonable suspicion of criminal activity necessary to support traffic stop where officer received dispatch that defendant committed disorderly conduct and record check showed parked truck was registered to defendant

assistant: The best answer is C. recognizing that concerns for officer safety warrant criminal history check during traffic 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 case excerpt and choose the best holding from the options. Case excerpt: section 302, but to preempt it. The debtors argue that precluding conversion of pending cases defeats the purpose of the 1986 Act, pointing to legislative history indicating that the Act was meant to give relief to farm families in economic crisis. See, e.g., 132 Cong.Rec. H9001 (daily ed. Oct. 2, 1986) (remarks of Mr. Synar). However, the purpose of giving farm families relief is not inconsistent with a decision to make the provisions of the new chapter available only in cases filed after the effective date of the Act. Congress could rationally have chosen to avoid disrupting the progress of pending cases, while finding it preferable to change the law governing future cases. Cf. Central Trust Co. v. Official Creditors’ Committee, 454 U.S. 354, 102 S.Ct. 695, 70 L.Ed.2d 542 (1982) (<HOLDING>). Congress’ general intent to give farm Options: A. holding to the effect that a court must consider section 24 fifth in conjunction with the antidiscrimination provisions of the bankruptcy reform act of 1978 as amended which are codified at title 11 of the united states code B. holding retroactive application of the act to prosecution that was pending before the effective date of the act was precluded because the act is prospective C. holding the broad jurisdictional grant given the bankruptcy courts under the 1978 bankruptcy act unconstitutional D. holding that the bankruptcy reform act effectively overruled wrenn E. holding that the bankruptcy reform act of 1978 publ no 95598 92 stat 2549 precluded dismissal of cases pending before enactment of the reform act in order to refile under the act

assistant: The best answer is E. holding that the bankruptcy reform act of 1978 publ no 95598 92 stat 2549 precluded dismissal of cases pending before enactment of the reform act in order to refile under the act
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: but plaintiffs have imposed correspondingly greater fees and costs upon defendants. That fact may constitute grounds for reducing plaintiffs’ fee request, but it does not permit the court to deny the fee request altogether. As the Court of Appeals has stated, “[t]o the extent that Chambless’ actions were ‘vexatious[ ] and wasteful[ ],’ he is obviously pe-nalized by not recovering any attorney’s fees for those efforts. This does not affect his right to a reasonable attorney’s fee for his successful claim.” Chambless, 815 F.2d at 872. Nor is plaintiffs’ supplemental application so untimely as to be denied on the ground that it “unfairly surprise[d] or prejudice^] the affected party.” White v. New Hampshire Dep’t of Employment Security, 455 U.S. 445, 102 S.Ct. 1162, 71 L.Ed.2d 325 (1982) (<HOLDING>). Defendants do not claim to have been caught Options: A. holding that a fee application under 42 usc 1988 is not governed by the 10day limit imposed on motions to amend judgment under rule 59e frciv p B. recognizing that rule 59e permits a district court to reconsider and amend a previous order C. holding that plaintiffs were prevailing parties under 42 usc section 1988 despite dismissal of the appeal as moot and vacation of the district court judgment D. recognizing absolute immunity to suits under 42 usc 1988 E. holding that the same standards apply for setting reasonable attorneys fees under the clean air acts fee shifting provision as under 42 usc 1988

assistant: The best answer is A. holding that a fee application under 42 usc 1988 is not governed by the 10day limit imposed on motions to amend judgment under rule 59e frciv p
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: a finding of procedural default. See, e.g., Ruiz v. Quarterman, 504 F.3d 523, 532 (5th Cir. 2007). Moreover, the State of Texas cannot insulate itself from its constitutional obligations under Panetti by erecting arbitrary procedural barriers to the presentation of such claims. Once petitioner made the threshold showing of insanity, it was incumbent upon the state habeas trial court to accord petitioner an opportunity to be heard. Instead, the state habeas trial court denied petitioner’s requests for appointment of counsel, for appointment of a mental health expert, and for an opportunity to present evidence and be heard on the merits of his Ford/Panetti claim in a manner that satisfied the Supreme Court’s procedural holding in Panetti. See Panetti, 551 U.S. at 952, 127 S.Ct. at 2858 (<HOLDING>). Where, as was also true in Panetti’s ease, Options: A. holding ford requires at a minimum that a court allow a prisoners counsel the opportunity to make an adequate response to evidence solicited by the state court B. holding that due process requires at a minimum an opportunity to be heard at a meaningful time and in a meaningful manner C. holding that an issue was not properly before the court on appeal because the trial court did not have the opportunity to make any findings of fact regarding it D. holding that preservation for review requires a fair ruling or decision by the district court in order to provide the lower court with an opportunity to correct any mistake give the opposing party an opportunity to demonstrate why the district court should rule in its favor and create a record which enables this court to make informed decisions E. holding that there was adequate opportunity when state court judicial review of an administrative proceeding was available

assistant: The best answer is A. holding ford requires at a minimum that a court allow a prisoners counsel the opportunity to make an adequate response to evidence solicited by the state 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: the District of Columbia Circuit considers “the ‘covered by’ and ‘waiver’ inquiries ... analytically distinct: A waiver occurs when a union knowingly and voluntarily relinquishes its right to bargain about a matter; but where the matter is covered by the [CBA], the union has exercised its bargaining right and the question of waiver is irrelevant;” Id. III. In the case before us, the Board avoided-the controversy surrounding the applicable standard when a union alleges a § 8(a)(5) unilateral change and the employer defends with contractual privilege by determining sua sponte that the General Counsel alleged only a § 8(d) contract modification. Bath Iron Works Corp., 345 N.L.R.B. No. 33, at 3. The Unions argue th Mfg. Co., 420 U.S. 276, 281 n. 3, 95 S.Ct. 972, 43 L.Ed.2d 189 (1975) (<HOLDING>). Section 10(e) does not, however, “deprive the Options: A. holding that even a remand by the supreme court for reconsideration in light of an intervening court opinion does not require the court to consider an argument raised for the first time in a petition for certiorari B. holding that the court did not have jurisdiction to consider an argument not presented to the board in a motion for reconsideration C. holding that motion for reconsideration would be construed not as a rule 60b motion but rather as an unauthorized successive motion under 2255 which the district court may have been without jurisdiction to consider D. holding that the board does not have jurisdiction to consider a claim which it previously adjudicated unless new and material evidence is presented E. holding that the court of appeals lacked jurisdiction to consider whether the board had erred in finding that certain picketing was lawful because no party had raised the issue to the board either during the initial proceedings or on motion for reconsideration

assistant: The best answer is B. holding that the court did not have jurisdiction to consider an argument not presented to the board in a motion for reconsideration
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 show deficient performance, counsel’s actions or omissions must be measured against what “an objectively reasonable attorney would have done under the circumstances existing at the time of the representation.” Savino v. Murray, 82 F.3d 593, 599 (4th Cir.1996); see also Lawrence v. Branker, 517 F.3d 700, 708-09 (4th Cir.2008). The court must attempt to “eliminate the distorting effects of hindsight,” and instead “indulge a strong presumption that counsel’s challenged conduct falls within the wide range of reasonable professional assistance.” Strickland, 466 U.S. at 689, 104 S.Ct. 2052. The right to effective assistance of counsel includes the duty of counsel to communicate formal plea offers from the prosecution. See Missouri v. Frye, — U.S. -, 132 S.Ct. 1399, 182 L.Ed.2d 379 (2012) (<HOLDING>); see also Lafler v. Cooper, — U.S. -, 132 Options: A. holding that defense counsel had duty to communicate formal offer from the prosecution to accept a plea on terms and conditions that may be favorable to the accused B. holding that a 1983 due process claim that essentially contests the fairness of the plaintiffs prosecution is similar to his malicious prosecution claim and claims resembling malicious prosecution do not accrue until the prosecution has terminated in the plaintiffs favor C. holding that defense counsel has the duty to communicate formal offers from the prosecution D. holding that defense counsel opened the door to the prosecutions questioning of the defendant about prior convictions when defense counsel asked a prosecution witness whether he was aware that the defendant was a convicted felon E. holding that defense counsel opened the door to the states rebuttal remarks when defense counsel raised the issue in his closing argument

assistant: The best answer is C. holding that defense counsel has the duty to communicate formal offers from the prosecution
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 Obligation is paid in full in accordance with the terms of this Deed of Trust, the Note and the Loan Documents, and if Grantor shall well and truly perform all of Grantor’s covenants contained herein, then this conveyance shall become null and void and be released at Grantor’s request and expense and Beneficiary shall have no further obligation to make advances under and pursuant to the provisions hereunder or in the Note.

assistant: Releases
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: Cornell's favor, I cannot hold that it appears beyond doubt that the plaintiff can prove no set of facts that would prove the existence of conscious-shocking behavior by the defendants. 15 . Section 12131(2) of Title II of the ADA defines “qualified individual with a disability” as an “individual with a disability who, with or without reasonable modifications ... meets the essential eligibility requirements for the receipt of services or the participation in programs or activities provided by a public entity.” 16 . The Third Circuit has held that the ADA grants standing to entities like Cornell that have a close association with disabled persons to assert disability discrimination claims under the ADA. See Addiction Specialists, Inc. v. Twp. of Hampton, 411 F.3d 399, 408 (3d Cir.2005) (<HOLDING>); Innovative Health Sys., Inc. v. City of White Options: A. holding that neither the ada nor the rehabilitation act applies to prison employment B. holding that a proposed methadone treatment center has standing under both the ada and the rehabilitation act C. holding that the same standards apply to claims under the ada and under the rehabilitation act D. holding the ada and the rehabilitation act applicable E. holding that exemption under the ada does not preclude liability under the rehabilitation act

assistant: The best answer is B. holding that a proposed methadone treatment center has standing under both the ada and the rehabilitation act
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: with the IJ’s conclusion that a petitioner is not credible,” we review both the IJ’s and the BIA’s decisions “for the sake of completeness.” Yun-Zui Guan v. Gonzales, 432 F.3d 391, 394 (2d Cir.2005); see Zaman v. Mukasey, 514 F.3d 233, 237 (2d Cir.2008). The applicable standards of review are well-es tablished. See 8 U.S.C. § 1252(b)(4)(B) (“[ 9, 178 (2d Cir.2004) (“Although credibility determinations are entitled to the same deference on review as other factual determinations, the fact that the [agency] has relied primarily on credibility grounds ... cannot insulate the decision from review.”). Indeed, we have indicated in other cases that certain factors standing alone may not be sufficient to support an IJ’s denial of relief. Cf. Kone v. Holder, 596 F.3d 141, 148 (2d Cir.2010) (<HOLDING>); Diallo v. I.N.S., 232 F.3d 279, 287 (2d Options: A. holding that a showing of a change in circumstances that is or is likely to be beneficial to the child may also warrant a change in custody B. holding that the mere fact that a petitioner took voluntary trips back to his home country standing alone does not suggest either any fundamental change in circumstances or the possibility of internal relocation C. holding that perjured testimony standing alone does not constitute fraud upon the court D. holding that a change in personal circumstances in the united states does not constitute a change in country conditions and therefore does not establish an exception to the filing deadline for motions to reopen E. holding relocation alone even if to another state was not a substantial change in circumstances

assistant: The best answer is B. holding that the mere fact that a petitioner took voluntary trips back to his home country standing alone does not suggest either any fundamental change in circumstances or the possibility of internal relocation