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: VA C & P examination was, by his own report, from a previous cyst, and is thus distinct from his present skin condition. III. ANALYSIS A. Interpretation of Diagnostic Code 7806 Interpretation of a regulation’s meaning is a question of law that the Court reviews de novo. Lane v. Principi, 339 F.3d 1331, 1339 (Fed.Cir.2003). “Regulatory interpretation begins with the plain meaning of the words used.” Hudgens v. Gibson, 26 Vet.App. 558, 561 (2014) (citing Brown v. Gardner, 513 U.S. 115, 120, 115 S.Ct. 552, 130 L.Ed.2d 462 (1994)). The canons of statutory construction apply with similar force to agency regulations and require interpretation of words in their context with an eye to the law as a whole. See King v. St. Vincent’s Hosp., 502 U.S. 215, 221, 112 S.Ct. 570, 116 L.Ed.2d 578 (1991) (<HOLDING>); Imazio Nursery, Inc. v. Dania Greenhouses, 69 Options: A. holding that a contract must be read as a whole in order to give a reasonable and harmonious meaning and effect to all of its provisions citation omitted B. holding that when interpreting a statute or regulation courts must read the provisions of the law as a whole and in context C. recognizing that a statute should be read as comprehensive whole D. holding that courts must give effect to every word when interpreting a statute E. holding courts must adhere to legislative intent when interpreting a statute

assistant: The best answer is B. holding that when interpreting a statute or regulation courts must read the provisions of the law as a whole and in context
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: for example , the service may include a feature that enables you to share content from the service or your content with a third party , which may be publicly posted on that third party 's service or application .

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: arguments advanced for the first time on appeal applies to sentencing proceedings.... [If] a party is silent or fails to state the grounds for objections, the objections are waived.” (citations, emphasis, and quotation marks omitted)); id. (“On this appeal Maurice makes three arguments in support of his objection; .... [Maurice] waived [two of] these arguments by not presenting them at the sentencing hearing and we will only consider them under a plain error standard.”); cf. United States v. Emmanuel, 565 F.3d 1324, 1333 (11th Cir.2009) (“At trial, Emmanuel made a hearsay objection to the evidence, but did not mention the Confrontation Clause. A hearsay objection to testimony at trial, standing alone, does not preserve a constitutional challenge under the (11th Cir.2003) (per curiam) (<HOLDING>); cf. U.S.S.G. § 3B1.1 cmt. n. 4 (“In Options: A. holding that the district court did not clearly err in finding that the defendant was a manager or supervisor under 3bllb in part because he recruited accomplices B. holding that the district court did not clearly err in finding that the defendant was an organizer leader manager or supervisor under 3bllc in part because the defendant actively recruited two individuals to transport drugs C. holding that the district court did not clearly err in finding that the defendant was an organizer or leader under 3blla in part because he recruited coconspirators D. holding that the district court did not clearly err in finding that the defendant was an organizer or leader under 3blla because the defendant recruited and instructed coconspirators E. holding the district court did not clearly err in applying the enhancement where guns were found on the same premises from which the defendant trafficked drugs and were readily accessible to the defendant

assistant: The best answer is B. holding that the district court did not clearly err in finding that the defendant was an organizer leader manager or supervisor under 3bllc in part because the defendant actively recruited two individuals to transport drugs
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: constitutional question beyond debate.... [T]he right allegedly violated must be estab lished, not as a broad general proposition, but in a particularized sense so that the contours of the right are clear to a reasonable official. Reichle v. Howards, — U.S. -, 132 S.Ct. 2088, 2093-94, 182 L.Ed.2d 985 (2012) (second alteration in original) (citations and internal quotation marks omitted). Otherwise stated, to determine whether a right is clearly established, courts must determine “whether (1) it was defined with reasonable clarity, (2) the Supreme Court or the Second Circuit has confirmed the existence of the right, and (3) a reasonable defendant would have understood that his conduct was unlawful.” Doninger v. Niehoff, 642 F.3d 334, 345 (2d Cir.2011); see also Johnson, 239 F.3d at 250 (<HOLDING>). There cannot be much debate that as a general Options: A. holding that second element of qualified immunity test is whether the law violated was clearly established B. holding that the defendants were not entitled to qualified immunity where it was not objectively reasonable for them to believe that failing to develop ieps which contained the required information did not violate the plaintiffs statutory rights C. holding that qualified immunity applies if either a the defendants action did not violate clearly established law or b it was objectively reasonable for the defendant to believe that his action did not violate such law internal quotation marks omitted D. holding that qualified immunity turns upon the objective legal reasonableness of the officers action assessed in light of the legal rules that were clearly established at the time the action was taken internal quotation marks and citation omitted E. holding that qualified immunity analysis begins with the court asking whether the plaintiffs allegations if true establish a constitutional violation internal quotation marks omitted

assistant: The best answer is C. holding that qualified immunity applies if either a the defendants action did not violate clearly established law or b it was objectively reasonable for the defendant to believe that his action did not violate such law 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: The parties acknowledge and agree that the covenants, terms and provisions contained in this Agreement constitute a personal employment contract and the rights and obligations of the parties hereunder cannot be transferred, sold, assigned, pledged or hypothecated, excepting that the Company may assign this Agreement in connection with a sale of the business, merger, consolidation, share exchange, sale of substantially all of the Company’s assets, or other reorganization, whether or not the Company is the continuing entity, provided that the assignee is the successor to the business and all, or substantially all, of the assets of the Company.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: PER CURIAM. After a hearing on the State’s motion to transfer jurisdiction, the juvenile court waived juvenile jurisdiction and certified appellant, Jonathan Silva, to stand trial in the adult criminal court. Subsequent to the transfer hearing, appellant gave notice of appeal in the juvenile court. The State has filed a motion to dismiss the appeal of the juvenile court’s order transferring jurisdiction to the adult criminal court for lack of jurisdiction because appellant’s notice of appeal was given prior to disposition of his case in the adult crimin Texarkana 1998, pet. ref'd) (<HOLDING>) (citing Act of May 27, 1995, 74th Leg., R.S., Options: A. holding that bankruptcy jurisdiction is not within section 5 of the fourteenth amendment B. holding that definition in iowa code chapter 321 1995 was expressly confined to that chapter and did not apply to iowa code section 36412 1995 C. holding the 1995 amendment to section 5601c removed all rights to appeal from a section 5402 ruling D. holding that the invalidity of a provision for a de novo trial in superior court in the appeal section of an act did not affect the validity of the remainder of the appeal section E. holding that section 5601c does not authorize appeals from juvenile courts transferring a child to district court for criminal proceedings under section 5402 of the family code

assistant: The best answer is C. holding the 1995 amendment to section 5601c removed all rights to appeal from a section 5402 ruling
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: we are unable to determine how the trial court arrived at its conclusion that the father should pay $32 per month in child support. The father argues in his appellate brief before this court that the trial court deviated from the child-support guidelines set forth in the Appendix to Rule 32 in arriving at its conclusion that the father should pay $32 per month in child support. However, in order for a trial court to deviate from the child-support guidelines set forth in the Appendix to Rule 32, it is required to make an express determination that application of the guidelines would be manifestly unjust or inequitable and to state its reasons for deviating from the guidelines. See Rule 32(A)(ii), Ala. R. Jud. Admin.; see also Sexton v. Sexton, 42 So.3d 1280, 1283 n. 4 (Ala.Civ.App.2010) (<HOLDING>). The trial court in the present case made no Options: A. holding that a trial court may deviate from the childsupport guidelines if it determines that a deviation is appropriate and it states its reasons for the deviation in accordance with rule 32aii ala r jud admin B. holding that if a trial court reaches the right result but for the wrong reasons it will be upheld if there is any basis which would support the judgment in the record C. holding that it is not D. holding that it may not E. holding that the trial court is required to provide reasons for its decision prior to appeal

assistant: The best answer is A. holding that a trial court may deviate from the childsupport guidelines if it determines that a deviation is appropriate and it states its reasons for the deviation in accordance with rule 32aii ala r jud admin
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, or the application thereof to any person or circumstance, shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term to persons or circumstances other than those as to which it is invalid or unenforceable, shall not be affected thereby, and each term of this Agreement shall be valid and enforceable to the fullest extent permitted by law.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: At Closing, Buyer and Sellers shall pay any and all broker fees due and payable individually and separately. The Company shall not be subject to any broker fees or be obligated to pay broker fees on behalf of any third party.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: T HIS L IMITED W AIVER AND ANY CLAIM , CONTROVERSY , DISPUTE OR CAUSE OF ACTION ( WHETHER IN CONTRACT OR TORT OR OTHERWISE ) BASED UPON , ARISING OUT OF OR RELATING TO THIS L IMITED W AIVER AND THE TRANSACTIONS CONTEMPLATED HEREBY SHALL BE GOVERNED BY , AND CONSTRUED IN ACCORDANCE WITH , THE LAW OF THE S TATE OF N EW Y ORK .

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: This Lease is the only agreement between the parties pertaining to the lease of the Premises and no other agreements shall be effective. All amendments to this Lease shall be in writing and signed by all parties. Any other attempted amendment shall be void.

assistant: Modifications
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 law of the state of Washington will govern all questions concerning the construction, validity, interpretation, and enforceability of this Agreement and the performance of the obligations imposed by this Agreement, without giving effect to any choice of law or conflict of law rules or provisions (whether of the state of Washington or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the state of Washington.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: statute to the common-law concept most likely intended by the legislature to be embodied in the statute. See Gilbert v. United States, 370 U.S. 650, 655, 82 S.Ct. 1399, 1402, 8 L.Ed.2d 750 (1962) (“[I]n the absence of anything to the contrary it is fair to assume that [the legislative body] used that word in the statute in its common law sense.”). 12. As the Court of Appeals set forth, Yarborough, 120 N.M. at 672, 905 P.2d at 212, this Court was first presented’ with this question in State v. Harris, 41 N.M. 426, 70 P.2d 757 (1987). The defendant in Harris was convicted of involuntary manslaughter, and argued that his conviction was proper only if he had driven his truck recklessly. Id. at 427-28, 70 P.2d at 757. We stated that in the case of an accidental death of 862, 863 (1893) (<HOLDING>); People v. Datema, 448 Mich. 585, 533 N.W.2d Options: A. holding city could not enforce through administrative adjudication a city ordinance limiting vehicle weight B. holding that misdemeanor violation of carrying an unlicensed firearm was sufficient without a showing of recklessness or negligence for an involuntary manslaughter conviction C. holding that allegations that the city arbitrarily applied a zoning ordinance were insufficient to state a substantive due process claim and stating in dicta that the decision would be the same even if the city had knowingly enforced the invalid zoning ordinance in bad faith a badfaith violation of state law remains only a violation of state law D. holding that violation of city ordinance does not constitute negligence per se E. holding that recklessness not merely the violation of a city ordinance must be shown for assault with a firearm conviction

assistant: The best answer is E. holding that recklessness not merely the violation of a city ordinance must be shown for assault with a firearm conviction
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: By its signature, each Person executing this Agreement represents and warrants to the other parties hereto that it is duly authorized to execute this Agreement. The Collateral Trustee hereby further represents and warrants to the other parties hereto that it is authorized to enter into this Agreement on behalf of the Priority Lien Claimholders. The ABL Agent hereby further represents and warrants to the other parties hereto that it is authorized to enter into this Agreement on behalf of the ABL Claimholders.

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 legal provision and list the applicable contract clause categories. Provision: This Agreement and the Plan constitute the entire agreement between the parties hereto with regard to the subject matter hereof. They supersede all other agreements, representations or understandings (whether oral or written and whether express or implied) that relate to the subject matter hereof.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The execution, delivery and performance of this Agreement has been duly authorized by each Sponsor Noteholder. This Agreement, when executed and delivered by each Sponsor Noteholder in accordance with the respective terms hereof, shall constitute a valid and binding obligation of such Sponsor Noteholder, enforceable against such Sponsor Noteholder in accordance with its terms, except as such enforceability may be limited by applicable bankruptcy, insolvency, moratorium, reorganization or similar laws affecting creditors’ rights generally and by general equitable principles.

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: All notices or other communications relating to the Plan and this Award Agreement shall be in writing and shall be delivered personally or mailed (U.S. mail) and shall be deemed to be delivered (i) on the date on which actually received by the person to whom it is delivered personally, (ii) three (3) business days following the date on which a properly addressed notice or communication is mailed via regular U.S. mail, or (iii) on the date on which receipt is acknowledged if sent via certified U.S. mail. Any notice by the Company to the Participant shall be sent to the Participant at the then current address as maintained by the Company or such other address as the Participant may advise the Company in writing. Any notice by the Participant to the Company shall be sent to the Secretary of the Company. Any person entitled to notice hereunder may waive such notice in writing.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: meaning, that is, ‘one or some indiscriminately of whatever kind.’ ” Id. at 5, 117 S.Ct. at 1035 (quoting Webster’s Third New Int’l Dictionary 97 (1976)). In its opinion in that case, the Court instructed that the word “any” must be read as referring to all that it describes. Id. Likewise, we have held that “the adjective ‘any’ is not ambiguous; it has a A, 681 F.Supp. 1244, 1252 (E.D.Mich.1988) (section 113(h) barred judicial review of pre-enforcement challenge to constitutionality of CERCLA); but see Washington Park Lead Comm., Inc. v. United States EPA No. 2:98CV421, 1998 WL 1053712, at *9 (E.D.Va. Dec. 1, 1998) (unpublished) (citizens’ constitutional challenge to administration of CERCLA not barred); Reeves Bros., Inc. v. United States E.P.A., 956 F.Supp. 665, 674-75 (W.D.Va.1995) (<HOLDING>). Plaintiffs say that “Congress could not have Options: A. holding that policy requiring strip searches of prisoners prior to transfer did not violate fourth amendment B. holding that under the fourth amendment a party may challenge both the constitutionality of the act permitting warrantless searches as well as the conduct of the government officials in a particular case C. recognizing that the fourth amendment protects against the use of excessive force by police officers in carrying out an arrest D. holding that 9613h did not bar property owners fourth amendment claim that epa had adopted a policy of warrantless searches in carrying out cercla E. holding that warrantless arrest based on probable cause did not violate the fourth amendment

assistant: The best answer is D. holding that 9613h did not bar property owners fourth amendment claim that epa had adopted a policy of warrantless searches in carrying out cercla
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: violence or narcotics trafficking. To the contrary, Castro-Escobar testified that they threatened him with future pain if he did not stop seeing his girlfriend. On this record, the agency was well within its discretion to find that they “may have had only personal reasons for assaulting” Castro-Escobar.- Castro-Escobar’s claim also failed on the law. He suggests that the INA should protect members of a particular social group made up of Guatemalans opposed to gangs and gang violence. The BIA has long defined the phrase “particular soc 1985) holding that “being a taxi driver in San Salvador and refusing to participate in guerrilla-sponsored work stoppages” is not an immutable characteristic. We have likewise rejected such a claim. Ucelo-Gomez v. Mukasey, 509 F.3d 70, 73 (2d Cir.2007) (<HOLDING>). Here, the agency rejected Castro-Esco-bar’s Options: A. holding that government informants are not members of a particular social group B. holding that government material witnesses do not constitute a particular social group C. holding the applicant must show social visibility and particularity D. holding that status as competing family business owners did not give petitioners sufficient social visibility to be perceived as a group by society E. holding that the proposed social group of affluent guatemalans depends on no disadvantage other than purported visibility to criminals so that the scales are tipped away from considering those people a particular social group

assistant: The best answer is E. holding that the proposed social group of affluent guatemalans depends on no disadvantage other than purported visibility to criminals so that the scales are tipped away from considering those people a particular social group
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: 1.1. For a period of three (3) years from the date of entering in to this Agreement, not to disclosure any Information or Item, in any manner whatsoever, directly or indirectly, whether in whole or in part, without the prior written consent of Disclosing Party, to any individual, firm or entity, excepting solely an individual who (a) is an officer, director or employee of Disclosing Party or of the Recipient and (b) has a clear need to know for purposes directly related to the Matter. You agree that you will only discuss the Matter with Mr. Al Weber, Chief Executive Officer, or Mr. Thomas V. Gilboy, Chief Financial Officer of the Disclosing Party. Under no circumstances will you discuss the Matter, or admit that the Matter has been a topic of discussion with any other employees of the Disclosing Party, or any other third party.

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 legal provision and list the applicable contract clause categories. Provision: Each of the First Lien Agent and the Second Lien Agent is hereby authorized to demand specific performance of this Agreement, whether or not the Borrower or any Guarantor shall have complied with any of the provisions of any of the Loan Documents, at any time when the other Party shall have failed to comply with any of the provisions of this Agreement applicable to it. Each of the First Lien Agent, for and on behalf of itself and the First Lien Secured Parties, and the Second Lien Agent, for and on behalf of itself and the Second Lien Secured Parties, hereby irrevocably waives any defense based on the adequacy of a remedy at law that might be asserted as a bar to such remedy of specific performance.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All of the direct and indirect subsidiaries of the Company are set forth in Schedule 3.1(a). The Company owns, directly or indirectly, all of the capital stock or other equity interests of each Subsidiary free and clear of any Liens, and all of the issued and outstanding shares of capital stock of each Subsidiary are validly issued and are fully paid, non-assessable and free of preemptive and similar rights to subscribe for or purchase securities. If the Company has no subsidiaries, all other references to the Subsidiaries or any of them in the Transaction Documents shall be disregarded.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: During the Term, Subtenant, at its sole cost and expense, shall provide and maintain commercial general public liability and property damage insurance with a broad form contractual liability endorsement and other insurance required to be carried by Sublandlord in conformity with the provisions of the Lease applicable to the Premises, including, but not limited to, those set forth in the provisions of Section 8.03 of the Lease ( “ Subtenant’s Insurance ” ). Subtenant shall cause Sublandlord, Owner, any other party which Owner or Sublandlord may request under the Lease to be included as additional insureds in said policy or policies which shall contain provisions, that it or they will not be cancelable except upon not less than thirty (30) days’ prior written notice to all insureds and that the act or omission of one insured will not invalidate the policy as to the other insureds. Subtenant shall furnish to Sublandlord a certificate or certificates of insurance or other satisfactory evidence confirming that Subtenant’s Insurance is in effect at or before the Commencement Date and, on request, at reasonable intervals thereafter, but in no event less than once annually.

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: All notices and other communications given or made pursuant hereto shall be in writing and shall be deemed effectively given (a) upon personal delivery to the party to be notified, (b) when sent by confirmed facsimile, if sent during normal business hours of the recipient, or, if not, then on the next business day, (c) five days after having been sent by registered or certified mail, return receipt requested, postage prepaid, or (d) one day after deposit with a nationally recognized overnight courier, specifying next-day delivery, with written verification of receipt. All communications shall be sent to the respective parties at the addresses set forth on the signature pages attached hereto (or at such other addresses as shall be specified by notice given in accordance with this Section).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: No Credit Party shall, nor shall it permit any of its Subsidiaries to, directly or indirectly, enter into or permit to exist any transaction (including the purchase, sale, lease or exchange of any property or the rendering of any service) with any officer, director or Affiliate of Holdings or any its Subsidiaries on terms that are less favorable to Holdings or such Subsidiary, as the case may be, than those that might be obtained in a comparable arm’s length transaction at the time from a Person who is not an officer, director or Affiliate of Holdings or any of its Subsidiaries; provided , the foregoing restriction shall not apply to (a) any transaction between or among the Credit Parties and (b) normal and reasonable compensation and reimbursement of expenses of officers and directors in the ordinary course of business.

assistant: Transactions With Affiliates
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 point was unnecessary. Turning to O’Neal’s argument that counsel should have objected to Owens’s testimony about what O’Neal’s accomplice said during the drive to Lake Oolagah, the district court correctly noted that the accomplice’s statements were admissible non-hearsay. See Okla. Stat. Ann. tit. 12, § 2801(B)(2)(e). Consequently, failing to object was not deficient performance. Regarding counsel’s failure to request a jury instruction about Oklahoma’s 85% rule, the district court correctly observed that there is no federal requirement for instructing jurors about parole eligibility in a non-capital case, and that when O’Neal was tried, Oklahoma law did not require such an instruction. See Simmons v. South Carolina, 512 U.S. 154, 156, 114 S.Ct. 2187, 129 L.Ed.2d 133 (1994) (<HOLDING>); Anderson v. State, 130 P.3d 273, 283 Options: A. holding that when a state asserts future dangerousness as grounds for imposing a death sentence due process requires that a defendant be entitled to inform the jury that he is parole ineligible B. holding that where the capital defendants future dangerousness is at issue and state law prohibits the defendants release on parole due process requires that the sentencing jury be informed that the defendant is parole ineligible C. holding that the parole commission is required to state reasons for its finding that an inmate continues to be a poor candidate for parole release D. holding that habeas petition challenging the state boards decision to defer his scheduled parole release date was rendered moot by prisoners release from custody on parole and subsequent incarceration for violating his parole E. holding that a defendant at federal sentencing who is on state parole where no parole revocation has occurred is not subject to an undischarged term of imprisonment thus ussg 5g13 is inapplicable

assistant: The best answer is B. holding that where the capital defendants future dangerousness is at issue and state law prohibits the defendants release on parole due process requires that the sentencing jury be informed that the defendant is parole ineligible
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 agrees to indemnify, defend and hold Lender harmless from and against any loss, cost or expense (including interest, penalties, reasonable attorneys’ fees and amounts paid in settlement) caused by Borrower’s negligence, breach or wrongful actions arising out of or based upon the Loan Documents or the Loan, except and to the extent caused by Lender’s negligence, breach, wrongful actions, gross negligence or willful misconduct.

assistant: Indemnifications
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: On the Closing Date, the Lead Borrower shall have paid to the Agents and each Lender all fees required to be paid on the Closing Date and all reasonable and documented out-of-pocket expenses required to be reimbursed by the Lead Borrower to the Lenders, the Administrative Agent and the Joint Lead Arrangers in connection with the Transaction, in the case of such expenses to the extent invoiced at least two Business Days prior to the Closing 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: This Guaranty is a continuing guaranty and shall (a) remain in full force and effect until a Repayment Event, (b) be binding upon each Guarantor, its successors and assigns and (c) inure to the benefit of and be enforceable by the Guaranteed Parties and their successors, transferees and assigns. Without limiting the generality of clause (c) of the immediately preceding sentence, any Lender Party may assign or otherwise transfer all or any portion of its rights and obligations under this Agreement (including all or any portion of its Commitments, the Advances owing to it, and any Note or Notes held by it) to any other Person, and such other Person shall thereupon become vested with all the benefits in respect thereof granted to such Lender Party herein or otherwise, in each case as and to the extent provided in Section 11.06 . No Guarantor shall have the right to assign its rights hereunder or any interest herein without the prior written consent of the Guaranteed Parties.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each party’s obligations under this Section 4.01 shall survive the resignation or replacement of the Administrative Agent or any assignment of rights by, or the replacement of, a Lender and the repayment, satisfaction or discharge of all Obligations.

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 legal provision and list the applicable contract clause categories. Provision: The Escrow Agent’s duties are entirely ministerial and not discretionary, and the Escrow Agent will be under no duty or obligation to do or to omit the doing of any action with respect to the Escrow Property, except to give notice, provide monthly reports, make disbursements, keep an accurate record of all transactions with respect to the Escrow Property, hold the Escrow Property in accordance with the terms of this Agreement and to comply with any other duties expressly set forth in this Agreement. The Escrow Agent shall not have any interest in the Escrow Property but shall serve as escrow holder only and have only possession thereof. Nothing contained herein shall be construed to create any obligation or liability whatsoever on the part of the Escrow Agent to anyone other than the parties to this Agreement. There are no third party beneficiaries to this Agreement.

assistant: Duties
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 otherwise specifically provided in this Agreement, all of the representations and warranties of Seller and Buyer in Articles 5 and 6 , respectively, shall survive the Closing and continue in full force and effect for a period of one (1) year thereafter, except that the representations and warranties set forth in Sections 5.1(a) , 5.1(b) , 5.3(a) , 5.12 , 6.1(a) , 6.1(b) , 6.3(a) and 6.8 shall survive indefinitely. None of the covenants or other agreements contained in this Agreement shall survive the Closing, other than those which by their terms contemplate performance after the Closing, each of which shall survive the Closing in accordance with its terms.

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 legal provision and list the applicable contract clause categories. Provision: Tenant shall be liable for and shall pay ten (10) days before delinquency, taxes levied against Tenant's equipment, furniture, fixtures and any other personal property located in or about the Premises. If any such taxes on Tenant's equipment, furniture, fixtures and any other personal property are levied against Landlord or Landlord's property or if the assessed value of Landlord's property is increased by the inclusion therein of a value placed upon such equipment, furniture, fixtures or any other personal property and if Landlord pays the taxes based upon such increased assessment, which Landlord shall have the right to do regardless of the validity thereof but only under proper protest if requested by Tenant, Tenant shall upon demand repay to Landlord the taxes so levied against Landlord or the proportion of such taxes resulting from such increase in the assessment, as the case may be.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: There is no Action which (i) adversely affects or challenges the legality, validity or enforceability of any of the Transaction Documents or the issuance of the Shares or (ii) except as disclosed in the SEC Reports, is reasonably likely to have a Material Adverse Effect, individually or in the aggregate, if there were an unfavorable decision. Neither the Company nor any Subsidiary, nor any director or officer thereof, is or has been the subject of any Action involving a claim of violation of or liability under any federal or state securities laws or a claim of breach of fiduciary duty. There has not been, and to the Company’s Knowledge there is not pending or contemplated, any investigation by the Commission involving the Company or any current or former director or officer of the Company. There are no outstanding orders, judgments, injunctions, awards or decrees of any court, arbitrator or governmental or regulatory body against the Company or any of its Subsidiaries or any executive officers or directors of the Company or any of its Subsidiaries in their capacities as such, which individually or in the aggregate, would reasonably be expected to have a Material Adverse Effect.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All representations and warranties made hereunder and in any other Loan Document or other document delivered pursuant hereto or thereto or in connection herewith or therewith shall survive the execution and delivery hereof and thereof. Such representations and warranties have been or will be relied upon by the Administrative Agent and each Lender, regardless of any investigation made by the Administrative Agent or any Lender or on their behalf and notwithstanding that the Administrative Agent or any Lender may have had notice or knowledge of any Default at the time of the making of any Term Loan, and shall continue in full force and effect as long as any Loan or any other Obligation hereunder shall remain unpaid or unsatisfied or any Letter of Credit shall remain outstanding.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: and data that he had utilized in reaching his conclusions; he listed ninety-nine documents that he had reviewed in reaching a lost tion of the 2006 to 2010 “but-for” sales element of his lost-profits analysis, claiming that Shipp’s numbers are overly speculative, especially regarding AHC’s estimated growth rates for the chain retailer market and the independent store market. But Shipp’s proffered growth rates stemmed from AHC’s prior increases in sales in these two markets, and Shipp detailed the differences between the growth rates for the two markets and the method he had used to accommodate them. Shipp’s growth rates accorded with AHC’s trending sales and the overall hat market. See White v. Sw. Bell Tel. Co., 651 S.W.2d 260, 262 (Tex.1983) (stating that “in calculating t (<HOLDING>). To the contrary, Maddox testified that AHC Options: A. holding that in litigation arising from a product related injury in the forum state there are significant differences between the exercise of jurisdiction over a retailer who simply sold the product locally and the exercise of jurisdiction over a manufacturer whose products were sold over a large area B. holding opinion testimony of sales should have been excluded because opinion not based on comparable sales C. holding evidence insuffi cient to support jurys 15 million lostprofits award when experts computations were not based on facts figures or data because computations ignored reality that plaintiff company had a history of losses and had never made a profit on its operations D. holding that the defendant lacked sufficient contacts with the forum state because there was no evidence the defendant knew where the product would be sold E. holding lostprofits award based on projected sales of a product not yet developed to the point of a working model too speculative because no evidence existed that the product had been sold to anyone

assistant: The best answer is E. holding lostprofits award based on projected sales of a product not yet developed to the point of a working model too speculative because no evidence existed that the product had been sold to anyone
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: Defendants could establish that the jurors’ answers were dishonest, they failed to show that an honest answer regarding the familial relationships would have supported a challenge for cause. Implied bias is found in only “extraordinary cases” based on all the relevant circumstances. Dyer v. Calderon, 151 F.3d 970, 981 (9th Cir.1998). No extraordinary circumstances exist here: (a) no court has presumed bias based on familial relationships alone; (b) the jurors answered accurately and honestly the questions asked of them and pledged under oath that they could impartially weigh the evidence; and (c) the Defendants did not allege that the jurors knew of these familial relationships or even that the jurors knew the witnesses personally. Cf. Fields v. Brown, 503 F.3d 755, 767 (9th Cir.2007) (<HOLDING>). Without something more, these are not Options: A. holding that specific details about time place and substance of the fraud satisfy rule 9b B. holding that a jurors failure to volunteer details when he was not asked a specific question does not imply intentional dishonesty C. holding that the sixth and fourteenth amendments imply the right to selfrepresentation D. holding that intentional acts exclusion applies to intentional act of child molestation E. holding that a qui tam relator may not present general allegations in lieu of details of actual false claims in the hope that such details will emerge through subsequent discovery

assistant: The best answer is B. holding that a jurors failure to volunteer details when he was not asked a specific question does not imply intentional dishonesty
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: Director agrees and covenants that at any time and from time to time, he will promptly execute and deliver to the Company such further instruments and documents and take such further action as the Company may reasonably require in order to carry out the full intent and purpose of this Agreement and to comply with state or federal Restricted Stock laws or other regulatory approvals.

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: and the prosecutor failed to offer any such explanation. Further, the record shows that the prosecutor did not strike Juror 015, a white juror who possessed the same objective characteristics as Juror 016: both were single, employed females with no children who responded to the court’s questions in the same manner, thereby revealing the pretextual nature of this justification. See United States v. Alanis, 335 F.3d 965, 969 (9th Cir.2003) (“Peremptory challenges cannot be lawful ly exercised against potential jurors of one gender unless potential jurors of another gender with comparable characteristics are also challenged.”); Lewis, 321 F.3d at 832-33 (“[A] comparative analysis of D.F. with empaneled jurors reveals that a finding of pretext was warranted.”); McClain, 217 F.3d at 1221-22 (<HOLDING>); cf. Miller-El, 537 U.S. 322, 123 S.Ct. at Options: A. holding that defendants pretext argument failed because the state offered another legitimate reason for striking the prospective juror B. holding that where a nonblack juror with no prior jury experience was empaneled the proffered reason for striking a black juror for lack of jury experience was not genuine and therefore was pretextual C. holding that the statement contained in a juror pamphlet that a reasonable doubt is one for which should he be called upon a juror can give a reason was obviously erroneous under our law D. holding that trial courts denial of motion for new trial based on juror misconduct was justified where there was no evidence presented at hearing on motion that juror had knowingly concealed relevant litigation experience during voir dire and identity of juror as county court litigant was not demonstrated E. holding that age is an acceptable raceneutral reason for striking a prospective juror

assistant: The best answer is B. holding that where a nonblack juror with no prior jury experience was empaneled the proffered reason for striking a black juror for lack of jury experience was not genuine and therefore was pretextual
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: the company may further terminate this eula for any other reason upon ten ( 10 ) days ' notice to you using the email address associated with your account credentials .

assistant: Unilateral termination