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: the Coast Guard, during time of war,” 28 U.S.C. § 2680; yet Feres applies to all claims, combat-related or not, wartime or peacetime. See, e.g., United States v. Shearer, 473 U.S. 52, 105 S.Ct. 3039, 87 L.Ed.2d 38 (1985) (applying Feres to claim involving crime off duty and off base). Indeed, any inferences against Feres drawn from a statute’s explicit coverage and partial exemptions of the military are weaker for Privacy Act damage actions than for the FTCA. The Privacy Act creates a range of specific, non-damage remedies, see 5 U.S.C. § 552a(g)(2) & (3), which the government concedes remain fully applicable. Navy Br. at 25. Cf. Jorden v. National Guard Bureau, 799 F.2d 99, 110-11 (3d Cir.1986) (distinguishing between monetary and injunctive relief in applying Feres to (2d Cir.1987) (<HOLDING>). In the Privacy Act there is no more of an Options: A. holding that in the absence of some express indication from congress title vii does not apply to the military B. holding that title vii does not apply to seminary faculty C. holding the title vii mixedmotive theory does not apply to adea claims D. holding that title ii does not apply to the states E. holding that the mixedmotive framework does not apply to retaliation cases under title vii

assistant: The best answer is A. holding that in the absence of some express indication from congress title vii does not apply to the military
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: `` onavo technology '' means all of onavo proprietary technology ( including software , hardware , products , processes , algorithms , user interfaces , know-how , techniques , designs and other tangible or intangible technical material or information ) made available to you by onavo in providing the 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: This Agreement may be executed in one or more counterparts, each one of which when so executed shall be deemed to be an original, and all of which taken together shall constitute one and the same agreement. Delivery of an executed counterpart of a signature page of this Agreement or any document or instrument delivered in connection herewith by telefacsimile or other electronic transmission shall be effective as delivery of a manually executed counterpart of this Agreement or such other document or instrument, as applicable.

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: Each Domestic Borrower (on a joint and several basis for itself and all other Loan Parties) and the Foreign Borrower (solely as to itself) hereby agrees to protect, indemnify, pay and save harmless the Issuing Lender and any of its Affiliates that has issued a Letter of Credit from and against any and all claims, demands, liabilities, damages, taxes, penalties, interest, judgments, losses, costs, charges and expenses (including reasonable fees, expenses and disbursements of counsel and allocated costs of internal counsel) which the Issuing Lender or any of its Affiliates may incur or be subject to as a consequence, direct or indirect, of the issuance of any Letter of Credit, other than as a result of the gross negligence or willful misconduct of the Issuing Lender as determined by a final non-appealable judgment of a court of competent jurisdiction.

assistant: Indemnity
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: Evidence that Seller obtained the insurance policies required by Section 12 (l) hereof, and evidence that Buyer has been named as a loss payee under its Fidelity Insurance and as a direct loss payee/right of action under its errors and omissions insurance policy.

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 case excerpt and choose the best holding from the options. Case excerpt: where the defendants are federal actors). It follows that “if [the petitioner] is seeking a different program or location or environment, then he is challenging the conditions rather than the fact of his confinement and his remedy is under civil rights law....” Graham v. Broglin, 922 F.2d 379, 381 (7th Cir.1991). Even though nothing in IIRIRA precludes jurisdiction in this Court over claims challenging the conditions of confinement, Ka-mara’s challenges to the adequacy of his medical treatment do not concern the fact, duration or degree of his confinement, but rather the conditions of his confinement. His claims of inadequate medical treatment, “substantial” though they may be, thus do not form the basis of a habeas corpus action. See Ramallo v. Reno, 114 F.3d 1210, 1214 (D.C.Cir.1997) (<HOLDING>). That Kamara’s petition seeks the relief of a Options: A. holding alien not denied judicial review because habeas was available B. holding that district courts retain jurisdiction after iirira to decide habeas corpus challenges involving pure questions of law C. holding that statelaw admissibility questions raise no federal habeas issues D. holding habeas review was available to federal prisoner claiming actual innocence who was barred from bringing a successive 2255 motion because the denial of collateral review would raise sufficiently serious constitutional questions under the eighth amendment and the due process clause E. recognizing that after iirira habeas review remains available to raise substantial constitutional questions

assistant: The best answer is E. recognizing that after iirira habeas review remains available to raise substantial constitutional questions
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 soon as reasonably practicable after the close of the Performance Cycle, the Committee shall determine the level of attainment of the Performance Measures and, based on such determination, the number of Performance Stock Units eligible for vesting shall be calculated. The Committee’s determination shall be conclusive and binding on the Participant and the Company. The number of Performance Stock Units that the Committee determines are eligible to vest shall vest on the date that the Performance Stock Units are settled in accordance with Section 3 hereof, provided Grantee remains employed by Arrow (or one of its Subsidiaries or Affiliates) through that date unless otherwise provided in Section 4 below.

assistant: Vesting
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: On April 27, 2009, Onusko filed the instant lawsuit. The Complaint contains three counts: Fraudulent Misrepresentation (Count One), Negligent Misrepresentation (Count Two), and Deceit (Count Three). After an extended period of discovery, Chase filed the Motion for Summary Judgment now before the Court. II. LEGAL STANDARD The Court may grant summary judgment when “the pleadings, depositions, answers to interrogatories, and admissions on file, together with affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(c); Celotex Corp. v. Catrett, 477 U.S. 317, 322-23, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986); see also Felty v. Graves-Humphreys Co., 818 F.2d 1126, 1128 (4th Cir.1987) (<HOLDING>). Nevertheless, in determining whether there is Options: A. recognizing that trial judges have an affirmative obligation to prevent factually unsupported claims and defenses from proceeding to trial B. holding that affirmative defenses are waived if not pled C. recognizing that the statute of limitations provision of the aedpa is an affirmative defenses rather than jurisdictional D. recognizing that cases have generally treated statutory exceptions from remedial statutes as affirmative defenses E. holding that the defendant could not raise affirmative defenses initially in its dispositive motion but remanding the case to the trial court to determine if leave to amend answer to incorporate affirmative defenses was appropriate so that the defendant could then properly raise those defenses in its dispositive motion

assistant: The best answer is A. recognizing that trial judges have an affirmative obligation to prevent factually unsupported claims and defenses from proceeding to trial
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: created, at which time the attorney can proceed to enforce the lien. See id. The suggestion that a prior attorney has the ability to put a case on hold indefinitely ignores the discussion of laches in Zaldivar. Once a case settles, and the prior attorney is notified of the settlement, the attorney’s failure to institute an action in a timely fashion can result in dismissal of the lien. See id. Because this case had not settled, the JCC erred in dismissing the lien. Although the JCC endeavored to distinguish Gillislee, the result of the order eludes the teaching of that case — a JCC does not have the authority to require a claimant’s attorney to file a verified petition. See Gillislee, 929 So.2d at 717; see also Villazano v. Horace Bell Honey Co., 928 So.2d 515, 516 (Fla. 1st DCA 2006) (<HOLDING>). The amount of a claimant’s attorney’s fee can Options: A. holding the jcc did not have the authority pursuant to either statute or rule to set a time limitation for filing the verified petition for fees B. holding that prevailing party to contract dispute may recover attorneys fees either pursuant to contract or pursuant to statute C. holding under a prior immigration statute that rule 26c did not enlarge the period for filing a petition for review of the bias decision because rule 26c refers to service while the time for filing under the statute at issue commenced upon the date of the issuance of the final deportation order D. holding that time limit for filing petition for review is mandatory and jurisdictional E. holding that the circuit judge did not have the authority to extend the thirtyday time limit for filing a notice of appeal

assistant: The best answer is A. holding the jcc did not have the authority pursuant to either statute or rule to set a time limitation for filing the verified petition for 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: in its legislative history remotely suggests that Congress meant the Act’s extension of civil jurisdiction to the States should result in the undermining or destruction of such tribal governments as did exist and a conversion of the affected tribes into little more than ‘private, voluntary organizations.’ ” Id., 426 U.S. at 388, 96 S.Ct. at 2110. One court with Public Law 280 jurisdiction has suggested that it, too, must determine whether state exercise of jurisdiction infringes the Indian right to self-government, as set forth in Williams v. Lee, 358 U.S. 217, 79 S.Ct. 269, 3 L.Ed.2d 251 (1959). Duluth Lumber and Plywood Co. v. Delta Development, Inc., 281 N.W.2d 377 (Minn. 1979). See Note, State Jurisdiction Over Indians as a Subject of Federal 93 S.Ct. 1267, 36 L.Ed.2d 114 (1973) (<HOLDING>); Warren Trading Post v. Arizona Tax Comm’n, Options: A. holding that the state has no jurisdiction to pursue an indian onto an indian reservation for criminal offenses committed off the reservation B. holding that an action against a tribal enterprise is an action against the tribe itself C. holding that state has standing to appeal an action initiated by a tribe based on its statutory obligation to oversee the reservation which made it responsible under the statute for damage to the reservation and misuse of tribal funds and thus authorized to appeal D. holding gross receipts provision provides exception for trade or business to general meaning of gross income provided in section 61a so reporting of gross proceeds alone from sales of commodities would not prevent application of irc 6501e1a E. holding the state can tax gross receipts of tribal enterprise operated off the reservation

assistant: The best answer is E. holding the state can tax gross receipts of tribal enterprise operated off the reservation
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: ANY LEGAL ACTION OR PROCEEDING WITH RESPECT TO THIS AGREEMENT OR ANY OTHER LOAN DOCUMENT SHALL BE BROUGHT IN THE BANKRUPTCY COURT, AND, BY EXECUTION AND DELIVERY OF THIS AGREEMENT, EACH LOAN PARTY HEREBY IRREVOCABLY ACCEPTS IN RESPECT OF ITS PROPERTY, GENERALLY AND UNCONDITIONALLY, THE JURISDICTION OF THE BANKRUPTCY COURT. EACH LOAN PARTY HEREBY IRREVOCABLY CONSENTS TO THE SERVICE OF PROCESS OUT OF THE BANKRUPTCY COURT AND IN ANY SUCH ACTION OR PROCEEDING BY THE MAILING OF COPIES THEREOF BY REGISTERED OR CERTIFIED MAIL, POSTAGE PREPAID, TO THE BORROWER AGENT AT ITS ADDRESS FOR NOTICES AS SET FORTH HEREIN. THE LOAN PARTIES AGREE 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 HEREIN SHALL AFFECT THE RIGHT OF THE ADMINISTRATIVE AGENT AND THE LENDERS TO SERVICE OF PROCESS IN ANY OTHER MANNER PERMITTED BY LAW OR TO COMMENCE LEGAL PROCEEDINGS OR OTHERWISE PROCEED AGAINST ANY LOAN PARTY IN ANY OTHER JURISDICTION. EACH PARTY HERETO HEREBY EXPRESSLY AND IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY OBJECTION WHICH IT MAY NOW OR HEREAFTER HAVE TO THE JURISDICTION OR LAYING OF VENUE OF ANY SUCH LITIGATION BROUGHT IN SUCH COURT AND ANY CLAIM THAT ANY SUCH LITIGATION HAS BEEN BROUGHT IN AN INCONVENIENT FORUM. TO THE EXTENT THAT ANY LOAN PARTY HAS OR HEREAFTER MAY ACQUIRE ANY IMMUNITY FROM JURISDICTION OF ANY COURT OR FROM ANY LEGAL PROCESS (WHETHER THROUGH SERVICE OR NOTICE, ATTACHMENT PRIOR TO JUDGMENT, ATTACHMENT IN AID OF EXECUTION OR OTHERWISE) WITH RESPECT TO ITSELF OR ITS PROPERTY, EACH LOAN PARTY HEREBY IRREVOCABLY WAIVES SUCH IMMUNITY IN RESPECT OF ITS OBLIGATIONS UNDER THIS AGREEMENT AND THE OTHER LOAN DOCUMENTS.

assistant: Jurisdictions
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: (a) Each of the parties hereto hereby irrevocably and unconditionally submits, for itself and its property, to the exclusive jurisdiction of any New York State court or federal court of the United States of America sitting in New York County, and any appellate court from any thereof (collectively, “ New York Courts ”), in any action or proceeding arising out of or relating to this Agreement, or for recognition or enforcement of any judgment, and each of the parties hereto hereby irrevocably and unconditionally agrees that all claims in respect of any such action or proceeding may be heard and determined in such New York State court or, to the extent permitted by 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 shall affect any right that the Collateral Agent or any Secured Party may otherwise have to bring any action or proceeding relating to this Agreement in the courts of any jurisdiction, except that each of the Loan Parties agrees that (i) it will not bring any such action or proceeding in any court other than New York Courts (it being acknowledged and agreed by the parties hereto that any other forum would be inconvenient and inappropriate in view of the fact that more of the Lenders who would be affected by any such action or proceeding have contacts with the State of New York than any other jurisdiction), and (ii) in any such action or proceeding brought against any Loan Party in any other court, it will not assert any cross-claim, counterclaim or setoff, or seek any other affirmative relief, except to the extent that the failure to assert the same will preclude such Loan Party from asserting or seeking the same in the New York Courts.

assistant: Jurisdictions
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 burglary sentence, November 9, 1989, and adding on twenty years for the murder sentences. Ducksworth claims this made his burglary sentence consecutive, not concurrent, contradicting his sentencing order. ¶ 6. On October 6, 2009, the Parole Board took action. Acknowledging Ducks-worth’s parole-eligibility date as August 5, 2008, the Parole Board denied Ducksworth parole for a litany of reasons, including an insufficient amount of time served, and continued his next parole hearing until October 2012. ¶ 7. In May 2011, Ducksworth filed a PCR motion in the Forrest County Circuit Court. He claimed his sentence was “illegal” because “his parole date was not honored on the day he should have become eligible by the fact that his general burglary conviction ran consecutive ss.Ct.App.2001) (<HOLDING>). ¶ 11. But what Ducksworth is really Options: A. holding that sentence of fortyeight months in state prison as a condition of probation violated section 948032 and was an illegal sentence B. holding if the plea agreement was not conditioned on the sentencing guidelines an appellant is not entitled to relief because his sentence is not illegal C. holding that an issue of ineffective assistance of counsel is rendered moot when a defendant receives an illegal sentence D. holding that a sentence not in compliance with the mandatory provisions of a sentencing statute was illegal and appealable E. holding pcr motions alleging an illegal sentence are not subject to the timebar

assistant: The best answer is E. holding pcr motions alleging an illegal sentence are not subject to the timebar
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: includable time passed between the issuance of the mandate in his interlocutory appeal and the filing of his certiorari petition. We conclude that in the unusual circumstances of this case, Pete’s STA clock resumed running with the issuance of the mandate, but stopped soon thereafter because the period of time beginning with Pete’s motion to recall the mandate and ending with the filing of the petition is excludable. We have held that generally, after an appeal, the period of excludable delay under the STA ends on the day this court’s mandate issues, because that is the date the appellate decision is final and jurisdiction returns to the district court. See Crooks II, 826 F.2d at 5 (quoting Ross, 654 F.2d at 616); see also United States v. Lloyd, 125 F.3d 1263, 1265 n. 1 (9th Cir.1997) (<HOLDING>) (citing Crooks II, 826 F.2d at 5); United Options: A. holding that filing of suit ordinarily interrupts the running of prescription but when the action is dismissed without prejudice because of plaintiffs failure to prosecute the interruption in the running of the statute is considered as never having occurred B. holding issuance of building estimate constituted a denial of claim and triggered the running of the limitations period C. holding that the running of the statute of limitations is an affirmative defense D. holding that under section 25506 the clock starts running on the statute of limitations when the plaintiff has inquiry notice of the alleged misconduct E. holding that the sta clock under 3161e began running again with the issuance of the mandate

assistant: The best answer is E. holding that the sta clock under 3161e began running again with the issuance of the mandate
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: 1032 (1979). Where a statute creates a presumption that a child born to a married woman living with her husband is a child of the marriage, and only the husband or wife may rebut this presumption, the United States Supreme Court determined in a plurality decision the statute did not violate the putative father’s substantive or procedural due process rights. See Michael H. v. Gerald D., 491 U.S. 110, 129, 109 S.Ct. 2333, 2345, 105 L.Ed.2d 91, 109 (1989). The court also determined the statute did not violate the child’s due process rights to maintain a relationship with her putative father and did not violate her equal protection rights. Id. at 131, 109 S.Ct. at 2346, 105 L.Ed.2d at 111. There is currently a great deal of controversy over the Michael H. decision. See David Line Bat 2) (<HOLDING>). On the other hand, it has been recognized Options: A. holding transfer eligibility rule did not deny the student equal protection of the laws or procedural or substantive due process under the fourteenth amendment B. holding statute that conferred putative father no standing to challenge paternity of a child born in wedlock did not deny due process or equal protection C. holding that florida statute did not constitute an unreasonable exercise of the states police power and rejecting due process and equal protection challenges D. holding statute denying putative father standing to bring legitimation action under statute in effect at the time did not violate due process or equal protection of state or federal constitutions E. holding a similar peer review confidentiality statute did not deny the plaintiffs equal protection

assistant: The best answer is B. holding statute that conferred putative father no standing to challenge paternity of a child born in wedlock did not deny due process or equal protection
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois and jurisdiction shall lie with the Courts located in the State of Illinois. For purposes of this Agreement, venue as to any dispute or controversy arising hereunder shall be in a State court of competent jurisdiction located in Adams County, Illinois or in the U.S. District Court for the Central District of Illinois.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Use the proceeds of any loan made hereunder for any purpose other than (a) to pay fees, costs, and expenses, including Expenses, incurred in connection with this Agreement, the other Loan Documents, and the transactions contemplated hereby and thereby and (b) consistent with the terms and conditions hereof, for general corporate and working capital purposes (provided, that no part of the proceeds of the loans made to Borrower will be used to purchase or carry any such Margin Stock or to extend credit to others for the purpose of purchasing or carrying any such Margin Stock or for any purpose that violates the provisions of Regulation T, U or X of the Board of Governors of the Federal Reserve System).

assistant: Use Of Proceeds
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: location upon its return. See Davidson, supra; State v. Prine (Mar. 6, 1991), Summit App. No. 14780, unreported, 1991 WL 35156 (noting that “in resolving any perceived inconsistency between this holding and that of any prior case, the reader is advised that the holding of this case has been approved by a majority of the members of the court”); State v. Brenner (July 30, 1990), Butler App. No. CA8909-127, unreported, 1990 WL 107319; State v. Smoot (1991), 75 Ohio App.3d 702, 600 N.E.2d 772; State v. Burton (Nov. 29, 1991), Lake App. No. 90-L-15-138, unreported, 1991 WL 252865 (stating that it was inclined to follow the interpretation in Prine, supra, but was not required to reach that issue). But, see, State v. Young (Apr. 11, 1991), Delaware App. No. 90-CA-40, unreported, 1991 WL 57176 (<HOLDING>). Holzapfel does not allege that the Options: A. holding that under new york law a dismissal for failure to comply with discovery obligations is not a judgment on the merits and does not bar a subsequent suit involving the same parties and issues B. holding that an administrative agency is not subject to a contempt proceeding for failure to comply with an order C. holding failure to comply with 851b was harmless error in part because defendant did not comply with 851c procedures for challenging prior convictions D. holding that a failure to conduct a new rfi survey after removing the instrument for repairs does not comply with ohio admcode 37015302c E. holding that dismissal for failure to comply with discovery orders is on the merits

assistant: The best answer is D. holding that a failure to conduct a new rfi survey after removing the instrument for repairs does not comply with ohio admcode 37015302c
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Borrower shall have paid to each Agent the reasonable and documented fees payable on or before the Restatement Effective Date referred to in Section 2.11(a) and (b) and all reasonable and documented expenses payable pursuant to Section 10.2 which have accrued to the Restatement Effective Date.

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 legal provision and list the applicable contract clause categories. Provision: Employee is authorized to incur costs and expenses on behalf of the Company, or to be reimbursed by the Company, as the case may be, for such costs and expenses, if the costs and expenses are appropriate to the Company’s normal and ordinary course of business and are reasonable in amount, and provided that Employee complies with such expense reporting and expense reimbursement or payment requirements as may be established by the Company from time to time.

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: Tenant covenants and agrees (a) to comply with all requirements of law relating to money laundering, anti-terrorism, trade embargos and economic sanctions, now or hereafter in effect, (b) to immediately notify Landlord in writing if any of the representations, warranties or covenants set forth in this paragraph or the preceding Section are no longer true or have been breached or if Tenant has a reasonable basis to believe that they may no longer be true or have been breached, (c) not to use funds from any “Prohibited Person” (as such term is defined in the September 24, 2001 Executive Order Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism) to make any payment due to Landlord under the Lease, as amended, and (d) at the request of Landlord, to provide such information as may be requested by Landlord to determine Tenant’s compliance with the terms hereof.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the detectives’ tactics were intended, and did in fact implant fear of prosecution for a more serious offense of murder and also induce hope of leniency. Defendant was promised that if he confessed, he may be able to continue his plans to attend community college. Additionally, unlike in Barnes, Defendant was in custody at the time of his interrogation. Barnes, 154 N.C. App. at 117, 572 S.E.2d at 170. Because the interrogation tactics utilized by detectives rendered Defendant’s statement involuntary, the trial court appropriately determined that Defendant’s statement was inadmissible. Accordingly, we affirm. Affirmed. Judge ELMORE concurs. Judge BRYANT concurs with separate opinion. 1 . The Stale also cites State v. Shelly, 181 N.C. App. 196, 204, 638 S.E.2d 516, 522 (2007) (<HOLDING>); State v. Gainey, 355 N.C. 73, 84, 558 S.E.2d Options: A. holding that due process is violated if evidence of prior bad acts goes only to character and there are no permissible inferences the jury may draw from it internal quotation marks omitted B. holding that bankruptcy is no exception to the due process principle that one is not bound by a judgment in personam in a litigation in which he is not designated as a party to or to which he has not been made a party by service of process internal quotation marks omitted C. holding that waiver of counsel may be valid absent an inquiry by the court where the surrounding facts and circumstances including the defendants background and conduct demonstrate that he actually understood his right to counsel and the difficulties of pro se representation and knowingly and intelligently waived his right internal quotation marks omitted D. holding that trial court appropriately found that no promises or offers of reward were made where a defendant was told that if he wanted to help himself that he could help himself by cooperating internal quotation marks omitted E. holding that no improper promises were made where an interrogating officer told a defendant that i can tell you that a person who cooperates and shows remorse and is honest and has no criminal background when it goes to court has the best chance of getting the most leniency because he cooperated internal quotation marks omitted

assistant: The best answer is E. holding that no improper promises were made where an interrogating officer told a defendant that i can tell you that a person who cooperates and shows remorse and is honest and has no criminal background when it goes to court has the best chance of getting the most leniency because he cooperated internal quotation marks omitted
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: (a) The Company hereby represents that this Agreement and the performance by the Company of its obligations hereunder (i) has been duly authorized, executed and delivered by the Company, and is a valid and binding obligation of the Company, enforceable against the Company in accordance with its terms, except as enforcement thereof may be limited by applicable bankruptcy, insolvency, reorganization, moratorium, fraudulent conveyance or similar laws generally affecting the rights of creditors and subject to general equity principles, (ii) does not require the approval of the stockholders of the Company and (iii) does not and will not violate any law, any order of any court or other agency of government, the charter of the Company or the By-laws of the Company, or any stock exchange rule or regulation, or any provision of any indenture, agreement or other instrument to which the Company or any of its properties or assets is or are bound, or conflict with, result in a breach of or constitute (with due notice or lapse of time or both) a default under any such indenture, agreement or other instrument, or result in the creation or imposition of, or give rise to, any lien, charge, restriction, claim, encumbrance or adverse penalty of any nature whatsoever pursuant to any such indenture, agreement or other instrument.

assistant: Authority
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: is akin to a home invasion or constitutes a search. Bank records expose much more about a person’s private life and activities within the home than utility records. Bank records may reveal all types of household items purchased and possessed by a person, such as furniture, artwork, and electronic equipment. Through check and debit card payments, those records may disclose what a person eats and drinks, what newspapers and magazines he reads, and even where he vacations. Bank records also may indicate the amount of a person’s utility and telephone bills. In compar Rptr.2d 89, 94 (1999) (finding that defendant did not have “a reasonable expectation of privacy in the quantity of electricity delivered by the utility to [his] house”); People v. Dunkin, 888 P.2d 305, 307 (Colo.Ct.App.1994) (<HOLDING>), cert. denied, Smith v. Colorado, 515 U.S. Options: A. holding no reasonable expectation of privacy in medical records because of statutory exception to physicianpatient privilege in homicide trials B. holding that there is no reasonable expectation of privacy in utility records under either state or federal constitution C. holding that no reasonable expectation of privacy in utility records exists under alaska constitution D. holding that prisoners have no reasonable expectation of privacy in their prison cells E. holding that a bank customer did not have a reasonable expectation of privacy in records maintained by the bank

assistant: The best answer is B. holding that there is no reasonable expectation of privacy in utility records under either state or federal constitution
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 evidence of Winters’ mental defect relating to her legal capacity to consent was far from overwhelming. The State’s key witness on the issue was Berrian, the psychologist who had conducted a one-time battery of tests to determine whether Winters should continue with special education. Based on these tests, he classified her as “intellectually deficient” in terms of. her IQ and “severely delayed on the other tests.” But Berrian’s testimony went no further. Significantly, none of his testimony related to Winters’ mental defects as it related to her ability to say “no” to sexual touching; nor did he testify about her capacity to evaluate the moral nature of sexual conduct, which would have been relevant given the statutory definitions governing the case. See Callender, 47 P.3d at 520 (<HOLDING>). Nor did- any other expert testify to Winters’ Options: A. holding in the context of a sexual offense that the statutory definition of mentally defective encompasses those incapable of assessing the right and wrong or moral quality of a persons conduct B. holding that sexual contact unambiguously encompasses the touching of oneself C. holding that the definition of operating deficits is not ambiguous despite the absence of a definition of the phrase in the contract D. 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 E. holding government does not have right to control moral content of persons thoughts

assistant: The best answer is A. holding in the context of a sexual offense that the statutory definition of mentally defective encompasses those incapable of assessing the right and wrong or moral quality of a persons conduct
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be amended from time to time in writing by all parties hereto. This Agreement is supplemented by the terms and conditions of the Deposit Agreements, and to the extent the terms of such Deposit Agreements conflict with this Agreement, the specific terms of this Agreement shall control; provided , however , that this Agreement shall not alter or affect any mandatory arbitration provision currently in effect between Bank and Debtor pursuant to the Deposit Agreements.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: If any provision of this Agreement should be held unenforceable or void, then that provision shall be separated from the remaining provisions and shall not affect the validity of this Agreement except that if the unenforceable or void provision relates to the payment of any monetary sum, then, Lender may, at its option, declare the Debt immediately due and payable.

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: Any amount due from Tenant to Landlord hereunder which is not paid when due shall bear interest at an annual rate equal to the greater of (1) five percent (5%) per annum in excess of the prime rate of interest announced, from time to time, by JPMorgan Chase & Co . or (2) twelve percent (12%) per annum (but in no event shall such rate of interest exceed the maximum rate of interest permitted to be charged by law) from the date due until paid, compounded monthly, but the payment of such interest shall not excuse or cure any default by Tenant under this Lease.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: failure to make a showing that is “sufficient to establish the existence of an element essential to that party’s case, and on which that party will bear the burden of proof at trial,” will mandate the entry of summary judgment. Celotex, 477 U.S. at 322-23, 106 S.Ct. 2548. The non-moving party may not rest upon the mere allegations or denials of his pleadings, but the response, by affidavits or as otherwise provided in Rule 56, must set forth specific facts which demonstrate that there is a genuine issue for trial. Fed.R.Civ.P. 56(e). The rule requires the non-moving party to introduce evidence of evidentiary quality” demonstrating the existence of a material fact. Bailey v. Floyd County Bd. of Educ., 106 F.3d 135, 145 (6th Cir.1997); see Anderson, 477 U.S. at 252, 106 S.Ct. 2505 (<HOLDING>). III. ANALYSIS A. Plaintiffs State Claim Under Options: A. holding that a trial court may enter summary judgment for a nonmoving party under appropriate circumstances B. recognizing that a noevidence summary judgment is improper if the nonmovant brings forth more than a scintilla of evidence C. holding that grant of summary judgment is appropriate where the nonmoving party adduces nothing more than speculation to support its claims D. holding that the nonmoving party must produce more than a scintilla of evidence to survive summary judgment E. recognizing that nonmoving party must present affirmative evidence to defeat summary judgment

assistant: The best answer is D. holding that the nonmoving party must produce more than a scintilla of evidence to survive summary judgment
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: Whenever used in this Agreement, the following words and phrases, unless the context otherwise requires, shall have the meanings specified in this Section 1.01 . Capitalized terms, words and phrases not defined in this Section 1.01 (including in the preamble and recitals hereto) will have the meanings ascribed to them in the Indenture.

assistant: Defined 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 case excerpt and choose the best holding from the options. Case excerpt: that defendants were negligent in providing warnings on their product: in that the warnings should have warned of the product’s propensity to cause asthnia and should have contained more detailed instructions as to proper use of the product. However, it is undisputed that defendants’ labels and warnings complied with FIFRA labeling requirements. Consequently, the court concludes that pursuant to Arkansas-Platte II plaintiffs state law causes of action for failure to. warn, as stated in her petition, are preempted by FIFRA. The court’s conclusion stands regardless of whether plaintiffs causes of action arise from Kansas common law or Kansas statutes. Arkansas-Platte II, 981 F.2d at 1179 (citing Cipollone v. Liggett Group, Inc., — U.S. -, -, 112 S.Ct. 2608, 2620, 120 L.Ed.2d 407 (1992)) (<HOLDING>). Because plaintiffs failure to warn causes of Options: A. holding that illegal state regulation can be accomplished either by an award of damages or by legislative enactment B. holding that an individual can be a final policymaker either by operation of state and local positive law or by custom or usage having the force of law C. holding that by statute an assault is established by proving a menacing threat which may or may not be accomplished by a specific intent to injure D. holding that the contact clause reaches every form in which the legislative power of a state is exerted whether it be a constitution a constitutional amendment an enactment of the legislature a bylaw or ordinance of a municipal corporation or a regulation or order of some other instrumentality of the state exercising delegated legislative authority E. holding that legislative consent to suit must be by clear and unambiguous language in either a statute or by other express legislative permission

assistant: The best answer is A. holding that illegal state regulation can be accomplished either by an award of damages or by legislative enactment
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: Upon the written request of any party hereto, from time to time, from and after the date hereof, the other party or parties shall do, execute, acknowledge and deliver, at the sole cost and expense of the requesting party, such further acts, deeds, conveyances, assignments, notices of assignment or transfer and assurances as the requesting party may reasonably require in order to better assure, convey, grant, assign, transfer and confirm upon the requesting party the rights now or hereafter intended to be granted under this Agreement or any other instrument executed in connection with this Agreement; provided, however, no party shall be obligated to provide any further assurance or documentation required under this Section11.09 that would materially increase the liabilities or obligations of such party hereunder or materially reduce the rights and benefits of such party hereunder.

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 case excerpt and choose the best holding from the options. Case excerpt: living with Mother and Children, and, thus, no new parent-child relationship or family unit would be created. While Father concedes that the Superior Court opined in J.M. that cohabitation is not the sine qua non of a new family unit, he notes, consistent with the dissent below, that the Superior Court in that case held only that mother and grandfather were permitted to show cause under Section 2901, but that it remanded to the orphans’ court to make the ultimate determination as to whether cause was shown. Father suggests that, rather than relying upon J.M., the Superior Court should have instead considered L.J.B. (remanding for hearing regarding stepmother’s intention to adopt where stepmother and the child’s father were separated) and Adoption of J.D.S., 763 A.2d 867 (Pa.Super.2000) (<HOLDING>), when interpreting the term “family unit,” as, Options: A. holding that proposed adoption by stepparent who was separated from the childs mother was not valid and that as a result termination of the fathers parental rights was inappropriate B. holding that statute that imposed different requirements to establish parental rights on father than on mother did not violate fathers right to equal protection under the law C. holding evidence that mother allowed child to remain in home in which there was violent conduct as evidenced by fathers physical abuse of mother during her pregnancy was legally sufficient to support termination D. recognizing that termination of parental rights can be accomplished only by resort to chapters 63 adoption and 39 termination of parental rights and any attempt by a parent to contract away the childs right to support is void and unenforceable as contrary to public policy E. holding that termination of fathers parental rights should be reversed since it was done to facilitate childs adoption and would prejudice rights of child and mother to receive support from father

assistant: The best answer is A. holding that proposed adoption by stepparent who was separated from the childs mother was not valid and that as a result termination of the fathers parental rights was inappropriate