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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: discrediting. The sexual activity took place in an unlocked barracks room and two other service members were present during at least a portion of the sexual encounter. Moreover, one of the room’s windows was left open throughout the encounter and Cpl H video recorded the conduct through the open window. See Marcum, 60 M. J. at 207 (quoting Parker v. Levy, 417 U.S. 733, 758, 94 S.Ct. 2547, 41 L.Ed.2d 439 (1974)) (“The fundamental necessity for obedience and the consequent necessity for imposition of discipline, may render permissible within the military that which would be constitutionally impermissible outside it.”). The appellant’s argument that this was a wholly private exchange without aggravating factors is untenable. We find that the same factor C.A.A.F.2013) (summary disposition) (<HOLDING>). In sum, the appellant falls far short of Options: A. holding lawrence does not invalidate charges of criminally prohibited sexual activity with minors B. holding section 2680h barred direct liability claim premised on servicemembers sexual assault and murder of civilian C. holding that the illinois statutory definitions of sexual penetration and sexual conduct cover clearly distinct conduct and that therefore the statute was not unconstitutionally vague D. holding that conduct charged under article 120k ucmj was not plainly private when the sexual activity occurred while in the presence of two additional servicemembers in the unlocked barracks room of two other servicemembers who were reasonably likely to unintentionally observe the sexual activity and therefore the failure of the military judge to raise a lawrence issue sua sponte was not plain error E. holding that sexual harassment need not take the form of sexual advances or other explicitly sexual conduct in order to be actionable under title vii

assistant: The best answer is D. holding that conduct charged under article 120k ucmj was not plainly private when the sexual activity occurred while in the presence of two additional servicemembers in the unlocked barracks room of two other servicemembers who were reasonably likely to unintentionally observe the sexual activity and therefore the failure of the military judge to raise a lawrence issue sua sponte was not plain error
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: given regulatory area. See, e.g., Lorillard Tobacco Co., 533 U.S. at 541, 121 S.Ct. 2404; Shaw v. Delta Air Lines, Inc., 463 U.S. 85, 95-101, 103 S.Ct. 2890, 77 L.Ed.2d 490 (1983). Three clearly established principles guide any express preemption analysis. First, it is well settled that “[t]he purpose of Congress is the ultimate touchstone” of any preemption analysis. Cipollone, 505 U.S. at 516, 112 S.Ct. 2608 (quoting Retail Clerks v. Schermerhorn, 375 U.S. 96, 103, 84 S.Ct. 219, 11 L.Ed.2d 179 (1963)). Accordingly, when Congress has enacted an express preemption clause, the central duty of a reviewing court is “to identify the domain expressly pre-empted” by that clause, because “an express definition of the pre-emptive reach of a statu 04, 525, 101 S.Ct. 1895, 68 L.Ed.2d 402 (1981) (<HOLDING>); Rath Packing Co., 430 U.S. at 526, 97 S.Ct. Options: A. holding that the plaintiffs state law claims are preempted by federal law B. holding that federal common law of erisa preempts state law in the interpretation of erisa benefit plans C. holding that ejxcept in matters governed by the federal constitution or by acts of congress the law to be applied in any case is the law of the state D. holding that a state election law is preempted only to the extent that it conflicts with federal law E. holding a state workers compensation regime preempted by erisa to the extent state law applied to pension plans governed by federal law

assistant: The best answer is E. holding a state workers compensation regime preempted by erisa to the extent state law applied to pension plans governed by federal law
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: to consider Harris’s invitation to presume malice under these circumstances, Harris has not established another key element of Ohio’s malicious-prosecution claim — the lack of probable cause — for any of the three counts with which he was charged. First, a reasonable factfinder could fairly conclude that the officers had probable cause to charge Harris with criminal assault under Ohio Revised Code § 2903.13(a), which proscribes “knowingly causfing] or attempt[ing] to cause physical harm to another.” Ohio Rev.Code § 2903.13(a); see also Ohio Rev.Code § 2901.22(b). State prosecutors brought the assault charge against Harris in state court only after obtaining an indictment, which establishes “prima facie evidence of probable cause,” Carlton, 662 N.E.2d at 1121, t th Cir. Apr. 4, 1994) (<HOLDING>). In attempting to escape the reach of these Options: A. holding in a nonohiolaw case that probable cause existed where plaintiff shoved police officer in the chest B. holding that a determination of probable cause does not bar a state law malicious prosecution claim where the claim is based on the police officers supplying false information to establish probable cause C. holding that the existence of probable cause in a 1983 case is a jury question D. holding that probable cause existed to arrest for a seatbelt violation under state law E. holding that probable cause existed to arrest for trespassing under state law

assistant: The best answer is A. holding in a nonohiolaw case that probable cause existed where plaintiff shoved police officer in the chest
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 pay its own expenses in connection with this Agreement and the transactions contemplated hereby. At the Closing, the Company will reimburse the Purchasers for their costs incurred in connection with this Agreement and the transactions contemplated hereby, by deduction from the Closing proceeds, up to an aggregate amount not to exceed $50,000.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The execution, delivery and performance by each Credit Party of each Loan Document to which such Person is or is to be a party have been duly authorized by all necessary corporate or other organizational action, and do not and will not (a) contravene the terms of any of such Person's Organization Documents; (b) result in the imposition or the creation of any Lien (other than any Liens permitted pursuant to the terms of this Agreement) on any asset of any Credit Party or any Subsidiary of a Credit Party , (c) conflict with or result in any breach or contravention, in any material respect, of or require any material payment to be made under (i) any Contractual Obligation to which such Person is a party or affecting such Person or the properties of such Person or any of its Subsidiaries or (ii) any order, injunction, writ or decree of any Governmental Authority or any arbitral award to which such Person or its property is subject; or (c) violate any Applicable Law in any material respect.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: At any time, and from time to time after executing this Agreement, the Associate will execute such additional instruments and take such actions as may be reasonably requested by the Company to confirm or perfect or otherwise to carry out the intent and purpose of this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each party’s obligations under this Section 5.11 shall survive the resignation or replacement of the Administrative Agent or any assignment of rights by, or the replacement of, a Lender, the termination of the Commitments and the repayment, satisfaction or discharge of all obligations under any Loan Document.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: faith. We have explained that when an affiant “in fact entertained serious doubts as to the truth” of his statements or when “circumstances evincing obvious reasons to doubt the veracity of the allegations” were present, the affiant can be said to have crossed the line into recklessness. Ranney, 298 F.3d at 78 (quoting United States v. Williams, 737 F.2d 594, 602 (7th Cir. 1984)); accord Tanguay, 787 F.3d at 52. In contrast, small inaccuracies in a warrant affidavit do not invalidate the warrant if those inaccuracies result from good-faith mistakes. See, e.g., United States v. Capozzi, 347 F.3d 327, 332-33 (1st Cir. 2003) (emphasizing importance of leeway for affidavits drafted by nonlawyers “under significant time pressure”); United States v. Brunette, 256 F.3d 14, 20 (1st Cir. 2001) (<HOLDING>). So, too, incorrect assertions made in good Options: A. holding that when a warrant did not describe the items to be seized at all it was so obviously deficient that we must regard the search as warrantless B. holding that an enhancement for distribution of child pornography to a minor was improper because the pornographic materials at issue were transmitted to an undercover law enforcement officer who was not a minor C. holding that evidence seized pursuant to a warrant based on materially false and misleading information is inadmissible at trial D. holding that primary jurisdiction did not apply where the court had to determine whether defendants all natural claims were misleading E. holding that statement that all seized images were pornographic when at least two of thirtythree were not was misleading but did not justify suppression

assistant: The best answer is E. holding that statement that all seized images were pornographic when at least two of thirtythree were not was misleading but did not justify suppression
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: (D.D.C.2001). Because IDEIA does not provide for compensatory damages, plaintiffs occasionally assert Section 1983 claims to seek monetary relief as an additional remedy for IDEIA violations. Defendants argue, however, that in the instant action plaintiffs have failed to state a claim for relief under Section 1983. Indeed, several other courts have dismissed similarly pled complaints for failing to state a Section 1983 claim. See, e.g., Savoy-Kelly v. Eastern High Sch., Civ. No. 04-1751, 2006 WL 1000346, slip op. at 10-11 (D.D.C. April 14, 2006); R.S. v. District of Columbia, 292 F.Supp.2d 23, 28 (D.D.C.2003); Jackson v. District of Columbia, Civ. No. 02-968, slip op. at 10 (D.D.C. Sept. 21, 2003); see generally Sellers v. Sch. Bd. of City of Mannassas, 141 F.3d 524, 529 (4th Cir.1998) (<HOLDING>), cert. denied, 525 U.S. 871, 119 S.Ct. 168, Options: A. holding that parents did not have standing to sue under 1983 to enforce the predicate rights secured by idea and section 504 B. holding that bjecause idea provides a comprehensive remedial scheme for violations of its own requirements parties may not sue under section 1983 for an idea violation C. recognizing that idea is simply not an antidiscrimination statute so that pure discrimination claim was not barred by parents failure to exhaust remedies under idea D. holding that plaintiffs may bring a section 1983 claim for damages to vindicate their rights under idea E. holding that damages are not relief that is available under the idea

assistant: The best answer is B. holding that bjecause idea provides a comprehensive remedial scheme for violations of its own requirements parties may not sue under section 1983 for an idea violation
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: ( ii ) access , monitor or copy any content or information of this website using any robot , spider , scraper or other automated means or any manual process for any purpose without our express written permission ;

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: supply contract [the net profits agreement] with Young Refining. These representations were designed and used to induce Young Refining into changing its position and expend significant sums of money. Pennzoil negligently and heedlessly and recklessly made material and false representations of material facts to Young Refining, which Young Refining relied upon, suffering damages as a proximate result. (Emphasis added). Pennzoil contends that summary judgment was appropriate on these negligent misrepresentation claims because, as a matter of law, a broken promise will not give rise to a claim for negligent misrepresentation. See Miksch v. Exxon Corp., 979 S.W.2d 700, 706 (Tex.App.—Houston [14th Dist.] 1998, pet. denied); Smith v. Sneed, 938 S.W.2d 181, 185 (Tex.App.—Austin 1997, no writ) (<HOLDING>); Airborne Freight Corp. v. C.R. Lee Enters., Options: A. holding misrepresentation claim to be preempted B. holding that breach of contract claim related back to misrepresentation claim because operative facts upon which the breach of contract claim was based were contained in the misrepresentation counts of the original complaint C. holding that whether the plaintiffs reliance on a negligent misrepresentation is justified generally raises a question of fact D. holding negligent misrepresentation must be of existing fact not breach of future promise E. holding negligent misrepresentation sufficient

assistant: The best answer is D. holding negligent misrepresentation must be of existing fact not breach of future promise
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Amendment and the Lease contain all the terms, covenants, conditions and agreements between Landlord and Tenant relating to the matters provided for in this instrument. No prior or other agreement or understanding pertaining to such matters other than the Lease will be valid or of any force or effect. This Amendment may only be modified by an agreement in writing signed by Landlord and Tenant.

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: This Agreement may be executed and delivered by the parties hereto in any number of counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. In proving this Agreement in any judicial proceedings, it shall not be necessary to produce or account for more than one such counterpart signed by the party against whom such enforcement is sought. Delivery of a signature hereto by facsimile transmission or by e-mail transmission of an Adobe portable digital file (PDF) shall be as effective as delivery of a manually executed counterpart hereof, and any such facsimile or PDF signature shall be treated as an original signature hereto.

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: Failure by either party at any time to require performance by the other party to claim a breach of any provision of this Agreement will not be construed as a waiver of any right accruing hereunder, not will it affect any subsequent breach or the effectiveness of this Agreement or any part hereof, or prejudice either party as regards any subsequent action. A waiver of any right accruing to either party pursuant to this Agreement shall not be effective unless given in writing.

assistant: Waivers
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 of the consolidated balance sheets of the Company and the Company Subsidiaries and the related consolidated statements of income, stockholders’ equity and cash flows, together with the notes thereto (collectively, the “ Company Financial Statements ”), included in any Company Report filed with the United States Securities and Exchange Commission (“ SEC ”) prior to the date of this Agreement, (i) have been prepared from, and are in accordance with, the books and records of the Company and the Company Subsidiaries, (ii) complied as to form, as of their respective date of filing with the SEC, in all material respects with applicable accounting requirements and with the published rules and regulations of the SEC with respect thereto, (iii) have been prepared in accordance with generally accepted accounting principles of the United States of America consistently applied, as in effect at the date of such financial statements or information to which it refers (“ GAAP ”) applied on a consistent basis during the periods involved, except as may be otherwise specified in such Company Financial Statements and (iv) present fairly in all material respects the consolidated financial position of the Company and the Company Subsidiaries as of the dates set forth therein and the consolidated results of operations, changes in stockholders’ equity and cash flows of the Company and the Company Subsidiaries for the periods stated therein, subject, in the case of any unaudited financial statements, to normal recurring year-end adjustments.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed in any number of counterparts, each of which need not contain the signature of more than one Party but all such counterparts taken together shall constitute one and the same agreement, and may be executed through exchange of original signatures or electronic copies (PDF).

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: in order to operate and provide our services , you grant whatsapp a worldwide , non-exclusive , royalty-free , sublicensable , and transferable license to use , reproduce , distribute , create derivative works of , display , and perform the information ( including the content ) that you upload , submit , store , send , or receive on or through our services .

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: Except as disclosed in SEC Reports or the Disclosure Letter to the Securities Purchase Agreement, Issuer and its Subsidiaries have all material rights with respect to Intellectual Property necessary or material in the operation or conduct of Issuer’s and its Subsidiaries’ businesses as currently conducted and proposed to be conducted by such parties. Without limiting the generality of the foregoing, and in the case of Licenses, except for restrictions that are unenforceable under Article 9 of the UCC or other applicable law, Issuer and its Subsidiaries have the right, to the extent required to operate their business, to freely transfer, license or assign Intellectual Property necessary or material in the operation or conduct of their business as currently conducted and proposed to be conducted by them, without condition, restriction or payment of any kind (other than license payments in the ordinary course of business) to any third party.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: analysis and the reasonable expectation analysis, we conclude that our statements in Conrad, 63 Wis. 2d at 627, 630-31, may be read as inconsistent with that distinction. However, if we are to employ the same trespassory, curtilage analysis to a seizure as has been applied to a search, we must consider separate and distinct from a reasonable expectation of privacy whether the area in question is constitutionally protected curtilage. ¶ 31. We previously have conducted a curtilage analysis to determine whether an arrest occurring within curtilage of a home violates the Fourth Amendment's protection against warrantless entry. Walker, 154 Wis. 2d at 182. In Walker, police entered a resident's fenced-in backyard without a warrant in order to arrest him. Id. In determining w pp. 1994) (<HOLDING>). We now turn to the discussion of whether the Options: A. holding a fourth amendment terry detention is not a custodial arrest and the use of handcuffs does not automatically convert a temporary detention into a fourth amendment arrest B. holding that fourth amendment not violated when officer makes custodial arrest for driving without a seatbelt C. holding that warrantless arrest based on probable cause did not violate the fourth amendment D. holding that arrest immediately out side of defendants house violated fourth amendment E. holding that arrest in backyard violated fourth amendment

assistant: The best answer is E. holding that arrest in backyard violated fourth amendment
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: No Loan Party is a party to any Contractual Obligation, no Loan Party has Constituent Documents containing obligations, and, to the knowledge of any of the Loan Parties, there are no applicable Requirements of Law, in each case the compliance with which would have, in the aggregate, a Material Adverse Effect. No Loan Party (and, to the knowledge of each Loan Party, no other party thereto) is in default under or with respect to any Contractual Obligation of any Loan Party, other than those that would not, in the aggregate, have a Material Adverse Effect.

assistant: No Defaults
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: Consultant is not an employee of the Company and will not be entitled to participate in or receive any benefit or right as a Company employee under any Company employee benefit and welfare plan, including, without limitation, employee insurance, pension, savings and security plans as a result of his entering into this Agreement.

assistant: Benefits
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: banks and the like, including five plaintiffs (see Pls.' Resp. to FDIC Joint Stmt. ¶ 17; Pls.' Mot. for Summ. J. against FDIC-R at 29 n.27), are exempt from this requirement; their funds need only be held overnight. 12 C.F.R. § 204.8(a)(2)(i)(A).) This purported regulatory noncompliance leads, in FDIC-R’s estimation, to the conclusion that the non-bank plaintiffs’ funds must be categorized as IBFs. (See FDIC-R's Mot. for Summ. J. at 10). Whether CBC violated federal regulations by failing to hold certain plaintiffs’ funds for less than the required period is of no significance, however, for any failure by the bank to com ply with regulations governing IBFs is the responsibility of CBC and the FDIC as its receiver; it cannot be attributed to plaintiffs. See, e.g., 12 C.F.R. 204.8(e) (<HOLDING>); cf. Dir., Office of Thrift Supervision v. Options: A. holding that 9613f1 is the exclusive vehicle for responsible parties to obtain contribution from other responsible parties B. holding that a plaintiff who alleged that bank of america was responsible and liable for the actions of countrywide and who pled no facts beyond the purchase of countrywide by bank of america had failed to plead sufficient facts to support a claim against the bank C. holding as responsible for mismanagement of an ibf only the bank itself D. holding the defendant properly convicted of multiple counts of armed robbery against bank employees even though the defendant robbed only the bank E. holding plaintiff responsible for attorney error

assistant: The best answer is C. holding as responsible for mismanagement of an ibf only the bank itself
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The execution, delivery and performance of the Transaction Documents by the Company and the consummation by the Company of the transactions contemplated hereby do not and will not (i) violate any provision of the Company’s Articles of Incorporation or Bylaws, each as amended to date, (ii) conflict with, or constitute a default (or an event which with notice or lapse of time or both would become a default) under, or give to others any rights of termination, amendment, acceleration or cancellation of, any agreement, mortgage, deed of trust, indenture, note, bond, license, lease agreement, instrument or obligation to which the Company is a party or by which the Company’s properties or assets are bound, or (iii) result in a violation of any federal, state, local or foreign statute, rule, regulation, order, judgment or decree (including federal and state securities laws and regulations) applicable to the Company or by which any property or asset of the Company is bound or affected, except for such conflicts, defaults, terminations, amendments, acceleration, cancellations and violations as would not, individually or in the aggregate, have a Material Adverse Effect. The Company is not required under federal, state, foreign or local law, rule or regulation to obtain any consent, authorization or order of, or make any filing or registration with, any court or governmental agency in order for it to execute, deliver or perform any of its obligations under this Agreement or issue and sell the Shares and the Warrants in accordance with the terms hereof (other than any filings, consents and approvals which may be required to be made by the Company under applicable state and federal securities laws, rules or regulations prior to or subsequent to each Closing).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company agrees to employ Executive, and Executive hereby desires to be employed by the Company to serve as General Counsel and Secretary, upon the terms and conditions as set forth in this Agreement on an at-will basis, for the period beginning on November 9, 2015 (the “ Effective Date ”) unless and until his employment is terminated pursuant to Section 4 hereof (such period, the “ Employment Period ”). Executive acknowledges that either he or the Company may terminate his employment at any time for any reason.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall terminate upon the earlier of (i) the date that no shares of Boulevard Class B Common Stock remain outstanding (whether such obligation is absolute or contingent), (ii) the mutual written consent of the Company, Boulevard and each of the Exchanging Shareholders or (iii) the date that is seven (7) years after the date of this Agreement; provided , however , that Article V, Article VI and this Article VII shall survive such termination.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: a prisoner must surmount on 7 (4th Cir.), cert. denied,-U.S.-, 124 S.Ct. 496, 157 L.Ed.2d 395 (2003) ("We emphasize that we do not require that all Rule 60(b) motions be treated as successive applications; instead, the proper treatment of the motion depends on the nature of the claims presented.”); Dunlap v. Litscher, 301 F.3d 873, 876 (7th Cir.2002) (allowing the use of Rule 60(b) to reopen previous habeas cases as long as the substance of the using a Rule 60(b) motion to set aside the denial of habeas, but has expressly declined to decide whether such Rule 60(b) motions are always successive habeas petitions. Hess v. Cockrell, 281 F.3d 212, 215 (5th Cir.2002). The position of the Third Circuit is not clear. See United States v. Edwards, 309 F.3d 110, 113 (3d Cir.2002) (per curiam) (<HOLDING>). 4 . Harris concedes in his brief that he had Options: A. 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 B. holding that a certificate of appealability is unnecessary where a district court dismisses a rule 60b motion as an unauthorized successive habeas motion C. holding without extended discussion that even if the district court should have construed the petitioners motion under 18 usc 3582c2 as a rule 60b motion the court would nonetheless have had to recharacterize the rule 60b motion as an sshp D. holding that motion filed under fedrcivp 60b properly construed as successive 2255 motion E. holding that the court did not have jurisdiction to consider an argument not presented to the board in a motion for reconsideration

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Borrower and each other Credit Party irrevocably and unconditionally submits, for itself and its property, to the nonexclusive jurisdiction of the courts of the State of New York and any appellate court from any thereof, in any action or proceeding arising out of or relating to this Agreement or any other Credit Document, or for recognition or enforcement of any judgment, and each of the parties hereto irrevocably and unconditionally agrees that all claims in respect of any such action or proceeding may be heard and determined in such New York sitting State court or, to the fullest extent permitted by applicable law, in such Federal court. Each of the parties hereto agrees that a final judgment in any such action or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law. Nothing in this Agreement or in any other Credit Document shall affect any right that the Administrative Agent, any Lender or the Issuing Lender may otherwise have to bring any action or proceeding relating to this Agreement or any other Credit Document against the Borrower or any other Credit Party or its properties in the courts of any jurisdiction.

assistant: Consent To Jurisdiction
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: Union is supported by the Seventh Circuit’s most recent treatment of this issue. In Ferguson v. Roberts, 11 F.3d 696 (7th Cir.1993), the Seventh Circuit held that the statute of limitations for an installment contract started to run on the date the installment contract was originally entered into. The investors in that case had entered into a limited partnership agreement requiring the limited partners to make additional contributions when requested by the general partner. There, as here, additional payments of funds were not considered independent investment decisions. See id. at 703-04. There, as here, Plaintiffs did not have an option, under their contracts, to refuse to make investment payments. See also Young v. Lehigh Corp., No. 80-C-4376, 1989 WL 117960 (N.D.Ill. Sept. 28, 1989) (<HOLDING>). Accordingly, the Court holds that the “date Options: A. holding that the date of sale for an installment contract was the date of contract formation not the date of the last payment due B. holding that section 10b violation occurs on date of alleged misrepresentation not the date of the sale or purchase of securities C. holding that interest does not begin to accrue until the date of judgment not the date of verdict D. holding that the cause of action accrued on the date of sale E. holding that the date of the federal indictment not the date of the state arrest was the triggering date for the speedytrial act

assistant: The best answer is A. holding that the date of sale for an installment contract was the date of contract formation not the date of the last payment due
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The representations and warranties made by the Company in Section 12.2 of the Collaboration Agreement shall be true and correct as of the Closing Date as though made on and as of such Closing Date, except to the extent such representations and warranties are specifically made as of a particular date, in which case such representations and warranties shall be true and correct as of such date; provided , however , that for purposes of this Section 6.2, all such representations and warranties of the Company shall be deemed to be true and correct for purposes of this Section 6.2 unless the failure or failures of such representations and warranties to be so true and correct, without regard to any “material” or “materiality” qualifiers set forth therein, individually or in the aggregate, has had or would reasonably be expected to have a Material Adverse Effect.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each of the Parties irrevocably submits to the exclusive jurisdiction of (a) the Court of Chancery of the State of Delaware and any appeals court thereof or (b) if such court does not have subject matter jurisdiction, any other state or federal court located within the County of New Castle in the State of Delaware and any appeals court thereof (the courts referred to in clauses (a) and (b), the “ Delaware Courts ”), for the purposes of any suit, action, or other proceeding to compel arbitration or for provisional relief in aid of arbitration or to prevent irreparable harm, and to the non-exclusive jurisdiction of the Delaware Courts for the enforcement of any award issued thereunder. Each of the Parties further agrees that service of any process, summons, notice, or document by U.S. registered mail to such Party’s respective address set forth above shall be effective service of process for any action, suit, or proceeding in the Delaware Courts with respect to any matters to which it has submitted to jurisdiction in this Section 5.15. Each of the Parties irrevocably and unconditionally waives any objection to the laying of venue of any action, suit, or proceeding arising out of this Agreement or the transactions contemplated hereby in the Delaware Courts, and hereby further irrevocably and unconditionally waives and agrees not to plead or claim in any such court that any such action, suit or proceeding brought in any such court has been brought in an inconvenient forum.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Any notice or other communication required or permitted pursuant to the terms hereof shall have been duly given when delivered personally or by email or mailed by United States mail, first class, postage prepaid, addressed to (a) with respect to the Executive, his or her last known address on file in the Company’s records, or (b) with respect to the Company, to Aon plc, 200 East Randolph Drive, Chicago, Illinois 60601, 3 rd Floor, attention General Counsel, with a copy to the Secretary . The Committee may revise such notice period from time to time. Any notice required under the Plan may be waived by the person entitled to notice.

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: The Receiving Party shall immediately return to the Disclosing Party all written Confidential Information of the Disclosing Party and any and all records, notes and other written, printed or tangible materials pertaining to such Confidential Information upon receipt of a written request from the Disclosing Party.

assistant: No
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: employees through Company financing of two-thirds the cost of tuition for high school training. But Congress directed the thrust of the Act to the consequences of employment practices, not simply the motivation. More than that, Congress has placed on the employer the burden of showing that any -given requirement must have a manifest relationship to the employment in question. “Nothing in the Act precludes the use of testing or measuring procedures; obviously they are useful. What Congress has forbidden is giving these devices and mechanisms controlling force unless they are demonstrably a reasonable measure of job performance”. 401 U.S. at 431, 432, 436, 91 S.Ct. at 853, 854, 856. (Emphasis supplied) See also Olzman v. Lake Hills Swim Club, 495 F.2d 1333, 1340-1341 (2d.Cir. 1974) (<HOLDING>); cf. Chance v. Board of Examiners, 458 F.2d Options: A. holding that surgeon with surgical privileges was not an employee of hospital and thus could not bring suit under either the age discrimination in employment act or title vii of the civil rights act of 1964 B. holding that physician with staff privileges is not an employee and thus cannot bring claim under title vii of 1964 civil rights act C. holding that a facially neutral rule with respect to club guest privileges prima facie violates the civil rights act of 1964 201a and e 42 usc 2000aa e where its effect is to weed out black guests and that the club must bear the burden of showing that the rule has a reasonable nonracial purpose D. holding that in a case where a private figure brings a defamation claim based on a matter of public concern the common laws rule on falsitythat the defendant must bear the burden of proving truth must fall to a constitutional requirement that the plaintiff bear the burden of showing falsity emphasis added E. holding that defendants bear the burden of showing that the challenged act was objectively reasonable citation omitted

assistant: The best answer is C. holding that a facially neutral rule with respect to club guest privileges prima facie violates the civil rights act of 1964 201a and e 42 usc 2000aa e where its effect is to weed out black guests and that the club must bear the burden of showing that the rule has a reasonable nonracial purpose
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: 4. It will not constitute a violation of this Agreement for GSEnergy to disclose Information as required by a governmental body or a court of competent jurisdiction or as otherwise required by law, provided that the Company has been given notice of such requirement and been afforded a reasonable opportunity to contest it, if applicable.

assistant: Yes
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: not provide a privilege against disclosure of student records.”); Victory Outreach Ctr. v. City of Philadelphia, 233 F.R.D. 419, 420 (E.D.Pa.2005) (authorizing the release of personally identifiable information contained in educational records pursuant to a subpoena in a civil suit); Anderson by Anderson v. Seigel, 175 Misc.2d 609, 668 N.Y.S.2d 1003, 1005 (N.Y.Sup.Ct.1998) rev’d in part 255 A.D.2d 409, 680 N.Y.S.2d 587 (N.Y.App.Div.1998) (“it is well settled that academic and school records generally are not protected by any privilege”); Zaal v. State, 326 Md. 54, 602 A.2d 1247, 1255 (1992) (“[FERPA] did not ... create a privilege against disclosure of student records to be invoked by the school, the student, or his or her parents”); Reeg v. Fetzer, 78 F.R.D. 34, 36 (W.D.Okla.1976) (<HOLDING>); Gaumond v. Trinity Repertory Co., 909 A2d Options: A. holding that seventeen missing records does not constitute improper record keeping because the fact that the records are not at the station does not mean that the records are incorrect or inaccurate B. holding that educational records are not privileged under ferpa C. holding that ferpa and state law did not create an educational records privilege D. holding that trial court properly refused to permit disclosure of privileged communications in part because use of the privileged information was not essential to the defense E. holding that communications to the police are conditionally privileged

assistant: The best answer is B. holding that educational records are not privileged under ferpa
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: Mortgagor shall maintain or cause to be maintained the insurance required by the Priority Lien Documents. If any portion of improved property that is part of the Mortgaged Property is located in a special flood hazard area, then Mortgagor shall maintain, or cause to be maintained, flood insurance in accordance with the terms of the Priority Lien Documents.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Borrower is duly formed, validly existing and in good standing under the laws of the State of Delaware, and has full power and authority to execute, deliver and comply with the Loan Documents and to carry on its business as it is now being conducted.

assistant: Qualifications
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: skype 's subscriptions are for individual use only ( personal or business communications ) in accordance with our terms of use and this fup ( `` legitimate use '' ) .

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: the sorts of factors that courts have long charged the Board with balancing. We conclude that the broad legal views outlined in Otis II are reasonably defensible approaches for determining when plant re-locations are mandatory bargaining subjects under the NLRA. IY. Analysis op the Present Case Having determined that Otis II is not fatally flawed on its face, our inquiry is not over. It remains to determine whether the Otis standard, acceptable in its broad outlines, has been properly applied to the particular facts of the case before us. Despite the deference we owe the Board, for reasons that follow, we conclude that its decision in this ease falls short of the standards of reasoned decisionmaking that we customarily require in judicial review. A. The Findings of the 7, 958 (1986) (<HOLDING>); DeSoto, Inc., 278 N.L.R.B. 788, 789 (1986) Options: A. holding that court did not prejudice defendant by limiting his counsel to preestablished limitations on inter alia the scope of crossexamination B. holding that a decision to move did not turn upon labor costs but rather was motivated by inter alia a foreclosure action C. holding that the district court did not abuse its discretion in denying inter alia costs for internal copying of documents by prevailing defendants counsel produced for discovery D. holding inter alia that common law claims were preempted E. holding inter alia that expert testimony was not required to prove damages for emotional distress in an abuse of process claim

assistant: The best answer is B. holding that a decision to move did not turn upon labor costs but rather was motivated by inter alia a foreclosure action