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: prior decision in Rhodes, where we held that pursuant to § 3582(c)(2) the policy statements in § IB 1.10 are binding on district courts and that "Booker simply has no bearing on sentencing modification proceedings conducted under § 3582(c)(2).” 549 F.3d at 840. 2 . In a post -Dillon supplemental brief, appellants argue, citing Justice Stevens’ dissent in Dillon, that the policy statements in § IB 1.10 raise separation-of-powers issues "because Congress never envisioned policy statements would be used to enforce jurisdictional elements of the guidelines.” Aplt. Supp. Br. at 3. As the government notes in its own post-Dillon brief, however, this court has previously rejected a similar separation-of-powers challenge to § IB 1.10. United States v. Dryden, 563 F.3d 1168, 1171 (10th Cir.2009) (<HOLDING>). Absent an intervening en banc decision from Options: A. holding that a defendant whose original sentence was based upon the careeroffender guideline and not 2d11 could not receive a sentence reduction based on amendment 706 because it did not have the effect of lowering the applicable guideline range B. holding that the lowering requirement of 3582c2 is identical to the requirement in ussg ib 110a2 that the amendment to the guidelines have the effect of lowering the defendants applicable guideline range C. holding that while amendment 706 was applicable to the defendants in question because it reduced their base offense levels a reduction was not authorized because the amendment did not have the effect of lowering their applicable guideline ranges because of the application of the career offender guideline D. holding that amendment 706 did not have the effect of lowering the applicable guideline range where the defendants received statutory mandatory minimum sentences and thus the defendants were not eligible for relief under 3582 E. holding that while amendment 706 was applica ble to the defendants in question because it reduced their base offense levels a reduction was not authorized because the amendment did not have the effect of lowering their applicable guideline ranges because of the application of the career offender guideline

assistant: The best answer is B. holding that the lowering requirement of 3582c2 is identical to the requirement in ussg ib 110a2 that the amendment to the guidelines have the effect of lowering the defendants applicable guideline range
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: error due to Apprendi would have been considered harmless because Concepcion was subject to a sentence of life imprisonment for more than one of his convictions. Concepcion, 181 F.Supp.2d at 234-236. Accordingly, Concepcion was properly sentenced to life in prison. Furthermore, the Supreme Court’s recent holdings in Blakely and Crawford are not applicable to Concepcion’s case. This case is distinguishable from Crawford in that the statements to which Concepcion refers were sufficiently redacted and thus, properly admitted at trial. See Concepcion, 181 F.Supp.2d at 222-223 and “Appendix A.” With regard to Concepcion’s argument that Blakely applies retroactively to his motion, the Court disagrees. See Garcia v. United States, No. 04-CV-0465, 2004 WL 1752588 at *5 (N.D.N.Y. Aug.4, 2004) (<HOLDING>). The Supreme Court has not, as yet, ruled that Options: A. holding that booker does not apply retroactively to collateral proceedings under 2255 B. holding that apprendi does not apply retroactively to claims raised in a 2255 motion C. holding that apprendi does not apply retroactively to initial section 2255 motions for habeas relief D. holding that because apprendi does not apply retroactively neither does blakely E. holding that blakely does not apply retroactively to 2255 motions

assistant: The best answer is E. holding that blakely does not apply retroactively to 2255 motions
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: Such Borrower has the corporate power and authority and the legal right to execute, deliver and perform this Agreement and to borrow hereunder and has taken all necessary corporate action to authorize its borrowings on the terms and conditions of this Agreement and to authorize its execution, delivery and performance of this Agreement. No consent or authorization of, filing with, or other act by or in respect of, any Governmental Authority, is required in connection with the borrowings hereunder or with the execution, delivery, performance, validity or enforceability of this Agreement other than any such consents, authorizations, filings or acts as have been obtained, taken or made and are in full force and effect. This Agreement has been duly executed and delivered on behalf of such Borrower, and this Agreement constitutes a legal, valid and binding obligation of such Borrower enforceable against such Borrower in accordance with its terms, except as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the enforcement of creditors’ rights generally and by general equity principles (whether enforcement is sought by proceedings in equity or at law).

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: The terms and conditions of this Agreement are confidential, and except as otherwise required by law, or disclosure in any filing required of such party or such party’s affiliate with any securities commission or other regulatory agency or as may be required by the securities listing requirements applicable to such party or such party’s affiliates, neither party shall disclose this Agreement or any portion hereof to any person other than its legal counsel, investors, affiliates, advisors and accountants without prior written consent of the other party.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All notices, requests, demands and other communications provided in connection with this Royalty Agreement shall be in writing and shall be deemed to have been duly given at the time when hand delivered, delivered by express courier, or sent by facsimile (with receipt confirmed by the sender’s transmitting device) in accordance with the contact information provided below or such other contact information as the parties may have duly provided by notice.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each Purchaser, severally and not jointly with the other Purchasers, covenants that neither it, nor any Affiliate acting on its behalf or pursuant to any understanding with it, will execute any purchases or sales, including Short Sales, of any of the Company’s securities during the period commencing with the execution of this Agreement and ending at such time that the transactions contemplated by this Agreement are first publicly announced pursuant to the initial press release as described in Section 4.4. Each Purchaser, severally and not jointly with the other Purchasers, covenants that until such time as the transactions contemplated by this Agreement are publicly disclosed by the Company pursuant to the initial press release as described in Section 4.4, such Purchaser will maintain the confidentiality of the existence and terms of this transaction and the information included in the Transaction Documents and the Disclosure Schedules. N otwithstanding the foregoing, and notwithstanding anything contained in this Agreement to the contrary, the Company expressly acknowledges and agrees that (i) no Purchaser makes any representation, warranty or covenant hereby that it will not engage in effecting transactions in any securities of the Company after the time that the transactions contemplated by this Agreement are first publicly announced pursuant to the initial press release as described in Section 4.4, (ii) no Purchaser shall be restricted or prohibited from effecting any transactions in any securities of the Company in accordance with applicable securities laws from and after the time that the transactions contemplated by this Agreement are first publicly announced pursuant to the initial press release as described in Section 4.4 and (iii) no Purchaser shall have any duty of confidentiality or duty not to trade in the securities of the Company to the Company or its Subsidiaries after the issuance of the initial press release as described in Section 4.4. Notwithstanding the foregoing, in the case of a Purchaser that is a multi-managed investment vehicle whereby separate portfolio managers manage separate portions of such Purchaser’s assets and the portfolio managers have no direct knowledge of the investment decisions made by the portfolio managers managing other portions of such Purchaser’s assets, the covenant set forth above shall only apply with respect to the portion of assets managed by the portfolio manager that made the investment decision to purchase the Securities covered by this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Note may be executed in any number of counterparts and by different parties on separate counterparts, each of which, when executed and delivered, shall be deemed to be an original, and all of which, when taken together, shall constitute but one and the same Note.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: inmate's infection correctly and advising the inmate on methods to avoid spreading the infection” might suffice to satisfy PHS’s asserted duty), the present appeal also was not allowed to consider protocols for repleading. 18 . The General Assembly has undertaken to prescribe various duties through legislation. See, e.g., 40 P.S. § 1303.504 (reflecting a duty of physicians to obtain informed consent and prescribing limitations on liability for breach). 19 . Accord Program Admin. Servs., Inc. v. Dauphin Cnty. Gen. Auth., 593 Pa. 184, 192, 928 A.2d 1013, 1017-18 (2007) ("[I]t is the Legislature’s chief function to set public policy and the courts' role to enforce that policy, subject to constitutional limitations.”); Naylor v. Twp. of Hellam, 565 Pa. 397, 408, 773 A.2d 770, 111 (2001) (<HOLDING>); Torres v. State, 119 N.M. 609, 894 P.2d 386, Options: A. recognizing the general assemblys superior ability to examine social policy issues and to establish appropriate substantive legal standards B. recognizing the legislatures superior ability to examine social policy issues and determine legal standards so as to balance competing concerns C. recognizing standards to determine discrimination are the same under the ra and the ada D. recognizing courts obligation to examine the circumstances as they existed at the time the original order was entered E. holding where no further factual development is necessary to further illuminate the legal issues presented ripeness concerns are not implicated

assistant: The best answer is B. recognizing the legislatures superior ability to examine social policy issues and determine legal standards so as to balance competing concerns
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 two or more counterparts, each of which shall be deemed an original document, and all of which, together with this writing, shall be deemed one instrument. This Agreement may be executed and delivered by facsimile and upon such delivery the facsimile signature will be deemed to have the same effect as if the original signature had been delivered to the other party.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Section 5.15 of the Disclosure Schedules sets forth a true, correct and complete list of all insurance policies carried by Sellers (collectively, the “ Insurance Policies ”), the amounts and types of insurance coverage available thereunder and all insurance loss runs and workers’ compensation claims received for the past three (3) policy years. Sellers have delivered to Buyer true, complete and correct copies of all such Insurance Policies. With respect to each such Insurance Policy, (a) such Insurance Policy is legal, valid, binding and enforceable in accordance with its terms and, except for policies that have expired under their terms in the ordinary course of business, is in full force and effect, (b) Sellers are not in breach or default (including any breach or default with respect to the giving of notice), and no event has occurred which, after notice or the lapse of time or both, would constitute a breach or default or permit termination or modification under such Insurance Policy and (c) such Insurance Policy is occurrence based. All premiums payable under all such Insurance Policies have been timely paid, and Sellers are in compliance with the terms of such Insurance Policies. Such Insurance Policies are of the type and in amounts customarily carried by Persons conducting a business similar to the Business and provides adequate insurance for the Business and the Purchased Assets and comply with all applicable Laws. There have been no threatened terminations of, or material premium increases with respect to, any such Insurance Policies.

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: The parties to each assignment shall execute and deliver to the Administrative Agent an Assignment and Assumption, together with a processing and recordation fee of $3,500; provided that the Administrative Agent may, in its sole discretion, elect to waive such processing and recordation fee in the case of any assignment . The assignee, if it is not a Lender, shall deliver to the Administrative Agent an Administrative Questionnaire.

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: The parties agree that the arbitration of disputes provides mutual advantages in terms of facilitating the fair and expeditious resolution of disputes. In consideration of these mutual advantages, the parties agree to the Arbitration Procedures set forth in Exhibit “A” attached hereto.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company agrees to pay the Executive a base salary (the “ Base Salary ”) at an annual rate of not less than $380,000, payable in accordance with the regular payroll practices of the Company, but not less frequently than monthly. The Executive’s Base Salary shall be subject to annual review by the Board (or a committee thereof).

assistant: Base Salary
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: Sublessee shall indemnify, defend (with counsel reasonably acceptable to Sublessor) and hold Sublessor harmless from and against any and all claims, causes of action, suits, proceedings, demands, liabilities, judgments, damages, losses, costs and expenses (including, without limitation, reasonable attorneys’ and experts’ fees and costs) to the extent that may at any time or times be threatened, asserted or brought by a third party against Sublessor, or suffered or incurred by Sublessor, and to the extent based on, arising from or in any way connected with (a) failure of Sublessee to perform any of the covenants, agreements, terms, provisions or conditions contained in the Master Lease that, by reason of the provisions of this Sublease, Sublessee is obligated to perform, (b) failure of Sublessee to perform any of the covenants, agreements, terms, provisions or conditions contained in this Sublease on the part of Sublessee to be performed, (c) the use or occupancy of the Subleased Premises by Sublessee or any Sublessee Party or any act or omission on or about the Subleased Premises, or (d) the conduct or operation of Sublessee’s business in or about the Subleased Premises, except in each of the above cases to the extent that the third party claim is found by a court of competent jurisdiction to be the result of Sublessor’s gross negligence or willful misconduct or Sublessor’s breach of this Sublease or Sublessor’s breach of the Master Lease not arising from Sublessee’s acts or omissions including, without limitation, Sublessee’s default under this Sublease. The provisions of this Section 7 shall survive the End Date.

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: There is no litigation, claim, demand, proceeding or governmental investigation existing, pending or threatened, or any order, injunction or decree outstanding, against or relating to the Purchaser that could materially and adversely affect or delay the performance by the Purchaser of its obligations under this Agreement.

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: The Executive agrees that the covenants contained in Sections 5 through 8 of this Agreement are of the essence of this Agreement, that each of the covenants is reasonable and necessary to protect the business, interests and properties of the Employer and their Affiliates, and that irreparable loss and damage will be suffered by the Employer should the Executive breach any of the covenants. Therefore, the Executive agrees and consents that, in addition to all the remedies provided by law or in equity, the Employer shall be entitled to seek a temporary restraining order and temporary and permanent injunctions to prevent a breach or contemplated breach of any of the covenants. Furthermore, in addition to any other remedies, the Executive agrees that any willful violation of the covenants in Sections 5 through 8 that results in material harm to the Employer will result in the immediate forfeiture of any payment that otherwise is or may become due under Section 4.2 . The Employer and the Executive agree that all remedies available to the Employer shall be cumulative.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company shall reimburse Executive or otherwise provide for or pay for reasonable out-of-pocket expenses incurred by Executive in furtherance of or in connection with the business of the Company, including, but not limited to, travel and entertainment expenses commensurate with his or her duties hereunder (including attendance at industry conferences), subject to the Company’s policies as periodically reviewed by the Board of Directors and in effect from time to time, including without limitation such reasonable documentation and other limitations as may be established or required by the Company. For the avoidance of doubt, the reasonable and documented out-of-pocket expenses incurred by Executive to travel to/from, and stay in, California in connection with the business of the Company during the period after the Effective Date and prior to Executive’s relocation shall be covered by this Section 4.01.

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: To the knowledge of each Credit Party and its officers, each Credit Party is and at all times has been in full compliance with all Laws. No Credit Party has received any notice that it is in violation of, has violated, or is under investigation with respect to, or has been threatened to be charged with, any violation of any Law.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: neither you nor a disputed party will seek to have any dispute heard as a class action , private attorney general action , or in any other proceeding in which either party acts or proposes to act in a representative capacity .

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: (a) Borrower will pay interest on the unpaid principal amount of all draws from time to time outstanding from the date of each draw until each such draw has been paid in full. Interest shall accrue at the simple interest rate equal to twelve percent (12%) per annum, simple, with respect to each draw.

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: industry is constitutional.” Reply [# 29] at 3. Defendants maintain that “the Court may not rely on a federal regulation (9 C.F.R. § 2.126) or on the Guide to conclude that the Fourth Amendment right at issue is clearly established.” Id. at 4 (emphasis in original). Defendants further argue that even if the Court considered the regulation and the Guide, they do not limit the APHIS’ powers of inspection or set policy. Id. at 5. As an initial matter, the Court agrees with Plaintiffs that they are not challenging the statutory scheme governing the USDA’s warrantless searches, but rather are challenging the application of that statutory scheme by the Inspector Defendants on May 7, 2013 at Big Cats. See, e.g., LeSueur-Richmond Slate Corp. v. Fehrer, 666 F.3d 261, 268-69 (4th Cir.2012) (<HOLDING>). In LeSueur, the Fourth Circuit closely Options: A. holding that the fourth amendment protects property as well as privacy 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. holding that government employers may conduct warrantless workrelated searches of employees offices without probable cause D. holding a person may consent to warrantless searches as a condition of a suspended sentence E. holding there is no requirement that the government obtains a warrant at the first moment probable cause exists the touchstone for determining the constitutionality of warrantless searches is one of reasonableness under the circumstances

assistant: The best answer is 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
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: notice. Although in R.G. the record contained an order that notice be sent, we nonetheless find it controlling here. Appellant next argues that R.G. was wrongly decided because it did not require the State affirmatively to show he received notice. Appellant cites no authority holding section 54.11 places this burden on the State. Rather, he analogizes to Family Code section 53.06, which provides, “The juvenile court shall direct issuance of a summons to ... the child named in the petition.... ” Tex. Fam.Code Ann. § 53.06 (Vernon 1996). He also relies on the case law interpreting section 53.06, which requires the State affirmatively to show the juvenile received service of summons for jurisdiction to vest in the juvenile court. See In the Matter of D.W.M., 562 S.W.2d 851, 853 (Tex.1978) (<HOLDING>); see also Grayless v. State, 567 S.W.2d 216, Options: A. holding juveniles statement inadmissible when after being placed in custody police took juvenile to police station and held juvenile in area where adult suspects were held instead of taking juvenile to a juvenile processing office or any of the places listed as an alternative in section 5202 and placing juvenile in specifically designated office for juveniles B. holding that juvenile court has no jurisdiction to consider constitutional claims C. recognizing juveniles right to counsel in certain juvenile proceedings D. holding the trial court had jurisdiction where summons was served on the attorney advocate for the juveniles guardian ad litem E. holding 1 record must affirmatively show summons with which juvenile was served for jurisdiction to vest in juvenile court and 2 no jurisdiction existed despite juveniles attendance because no affirmative showing of service was made

assistant: The best answer is E. holding 1 record must affirmatively show summons with which juvenile was served for jurisdiction to vest in juvenile court and 2 no jurisdiction existed despite juveniles attendance because no affirmative showing of service was made
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company may require the Participant to remit to the Company by cash or check payable to the Company, an amount sufficient to satisfy federal, state and local taxes and FICA withholding requirements whenever Shares are to be issued upon exercise of this Option or Shares are forfeited pursuant to a “net exercise”, or when under applicable tax laws, Participant incurs tax liability in connection with the exercise or vesting of this Option. Any such payment must be made promptly when the amount of such obligation becomes determinable. In lieu thereof, the Company may withhold the amount of such taxes from any other sums due or to become due from the Company as the Administrator will prescribe.

assistant: Withholdings
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: court found, as the majority suggests, that their respective state statutes were unconstitutional because they lacked an “escape clause” providing for a written agreement between the parties. The court in McIntyre found the applicable statute problematic because it barred the petitioner from the rights and responsibilities of fatherhood “even if respondent had agreed with [the donor that he would have parental rights] before he gave her his semen in reliance on that agreement.” 98 Or. App. at 468. The court noted the statute contained no qualifying language and, in a footnote, compared a Washington state statute which contained a written opt-out provision similar to that found in K.S.A. 38-1114(1). 98 Or. App. at 468 n.2; see also In Interest of R.C., 775 P.2d 27, 33 n.7 (Colo. 1989) (<HOLDING>). The court in Mclntryre, however, did not Options: A. holding that the clear and convincing standard provides appropriate due process in cases involving parental rights B. recognizing that the department is required to present clear and convincing evidence to support termination of a parents parental rights C. recognizing this substantial interest in context of termination of parental rights D. recognizing in footnote that a growing number of legislatures have sought to clear up this confusion by enacting laws that extinguish parental rights of semen donors unless the donor acknowledges his paternity in writing E. holding that a father who impregnated his childs mother in the usual and customary manner after signing a preconception agreement to forego parental responsibilities was not merely a sperm donor and thus was not statutorily bound to give away his parental rights

assistant: The best answer is D. recognizing in footnote that a growing number of legislatures have sought to clear up this confusion by enacting laws that extinguish parental rights of semen donors unless the donor acknowledges his paternity in writing
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: to act as a two-member panel, thereby invalidating by implication the Board’s July 13, 2009 decision in this case. This case was remanded to the Board. On August 9, 2010, a three-member pan th the Board’s remedial order, arguing that it does not reflect the temporary nature of the employment positions at issue. The Board retorts that this objection was not raised before the Board and that, therefore, the argument is waived. In the absence of “extraordinary circumstances,” this court does not have jurisdiction to hear arguments that were not urged before the Board, pursuant to section 10(e) of the Act, 29 U.S.C. § 160(e). See Woelke & Romero Framing, Inc. v. NLRB, 456 U.S. 645, 665, 102 S.Ct. 2071, 72 L.Ed.2d 398 (1982); see also Sever v. NLRB, 231 F.3d 1156, 1171 (9th Cir.2000) (<HOLDING>). Moreover, to preserve an objection to the Options: A. holding argument waived for failure to raise it in opening brief B. holding that an argument was barred where the movant could have but did not raise its argument before the district court ruled in the original motion C. holding that argument is waived where employee did not raise it in its exceptions to aljs decision D. holding that the defendant waived an argument by failing to raise it in his appellants brief E. holding the government waived its argument on appeal that the defendant did not have standing to challenge a search when it failed to raise the argument to the district court

assistant: The best answer is C. holding that argument is waived where employee did not raise it in its exceptions to aljs decision
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: part and affirm in part. 1. We must raise issues of mootness sua sponte. Gator.com Corp. v. L.L. Bean, Inc., 398 F.3d 1125, 1129 (9th Cir. 2005) (en banc). Ackerman admitted that, by May 2013, the Nevada Department of Corrections served food that was properly certified as kosher by an appropriate rabbinic organization. Ackerman did not file a motion to re-certify the class and did not oppose Defendants’ motion to dismiss the case. And Ackerman states in his opening brief that he prevailed in the district court. Thus, Ackerman’s claims are moot, and we lack jurisdiction to consider Ackerman’s appeal of the district court’s denial of a proposed class action settlement and de-certification of the stipulated class. See Tate v. Univ. Med. Ctr. of S. Nev., 606 F.3d 631, 634 (9th Cir. 2010) (<HOLDING>). 2. The district court’s decision denying a Options: A. holding that the court lacks jurisdiction to review legal arguments not raised before the bia B. holding that this court lacks jurisdiction to review claims that have not been raised before the bia C. recognizing that a federal court is obliged to dismiss a case whenever it appears the court lacks subject matter jurisdiction D. recognizing that sanctions are collateral to the merits of the case and may be considered even after the merits are no longer before the district court E. holding that a court lacks jurisdiction when the issues in a case are no longer live

assistant: The best answer is E. holding that a court lacks jurisdiction when the issues in a case are no longer live
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 for [***], whose fees shall be paid at Closing by the Seller, no broker, finder or investment banker is entitled to any brokerage, finder’s or other fee or commission in connection with the transactions contemplated by this Agreement based upon arrangements made by or on behalf of Seller.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: you agree that all sales by us to you of virtual money and virtual goods are final and that we will not permit exchanges or refunds for any unused virtual money or virtual goods once the transaction has been made .

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: indicated that Fakeye went to high school in Nigeria, where he lived as late as 2001, and (3) testimony from Fakeye where he stated that he came to the United States from another country. Based on the entire record before us, we are left with grave doubt as to whether the conviction was free from the substantial influence of the error. It is obvious that Fakeye’s ability to enter a guilty plea freely and voluntarily is called into question by his apparent ignorance of the deportation consequences of that plea. And because the evidence suggests that Fakeye is an immigrant, those consequences were particularly material. Thus, we hold that Fa-keye was harmed by the trial court’s failure to admonish him on the deportation consequences of his guilty plea. Compare Hwang, 130 S.W.3d at 501 (<HOLDING>) with Denton v. State, No. 2-02-467-CR, 2004 WL Options: A. holding record insufficient to support inference appellant knew consequences of his plea when record is silent about whether appellant was actually informed that a guilty plea could result in his deportation B. holding that the sanction of deportation is a collateral not direct consequence of a guilty plea C. holding that appellant was harmed by trial courts failure to admonish him of deportation consequences of his guilty plea where the record was silent about whether he was ever specifically informed that his guilty plea could result in deportation and record showed that appellant moved to the united states from korea D. holding statements during voir dire and oral motion in limine were merely opaque references to deportation but silent about whether appellant was actually informed that a guilty plea could result in his deportation and insufficient to support inference appellant knew consequences of his plea E. holding that the defendants guilty plea was valid where the district court carefully questioned the defendant about whether he understood the consequences of his guilty plea

assistant: The best answer is C. holding that appellant was harmed by trial courts failure to admonish him of deportation consequences of his guilty plea where the record was silent about whether he was ever specifically informed that his guilty plea could result in deportation and record showed that appellant moved to the united states from korea
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: with the debtor refused to pay the purchase price. The debtor sued on the contract claim in the bankruptcy court. The defendant corporation objected to the bankruptcy court’s jurisdiction on the ground that the debtor’s claim was a state contract action thereby making the proceeding non-core. The defendant asked the bankruptcy court to abstain, forcing the debtor to sue in state court and permitting the defendant to insist on a jury trial. Although the bankruptcy court agreed that the proceeding was non-core, it declined to abstain. See In re Arnold Print Works, Inc., 54 B.R. 562, 569 (Bankr.D.Mass.1985) (citing Mohawk Industries, supra). The defendant corporation then appealed the jurisdictional issue. The district court also concluded that the proceeding was n 6 (Bankr.N.D.Ga.1985) (<HOLDING>); See also In re Epi-Scan, Inc., 71 B.R. 975 Options: A. holding an action to recover a postpetition account receivable to be core B. holding plaintiff could not recover on nuisance action to recover for alleged damage to property he does not own or rent C. holding that a postpetition claim under section 1305 is a liability that arises postpetition and relates only to postpetition activity D. holding an action for postpetition breach of an agreement to purchase property to be a core proceeding E. holding that debt from debtor to bank in the form of chargebacks to the debtors account for credit card transaction rescissions was prepetition debt even though customers rescinded transactions postpetition and the bank therefore chargedback postpetition because a customers right to rescind and thereby the banks right to chargeback accrued at the time the customer made a purchase even though such customer exercised his right to rescind postpetition

assistant: The best answer is A. holding an action to recover a postpetition account receivable to be core
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: not actu al commission of, an underlying crime; it does not stand for the proposition that the specific underlying crime is not among the essential elements of any offense that generically refers to the commission of a “crime” or “felony.” Accordingly, because HRS § 134-6(a) requires the actual commission of an underlying felony, the Robins holding is inapposite. In People v. Miles, supra, on the other hand, the Appellate Court of Illinois dealt with a statute that required the actual commission of an underlying felony and that is strikingly similar to HRS § 134-6(a). The offense at issue in Miles was armed violence, which was defined as follows: Armed violence—Elements of the offense. A person commits armed violence when, while armed with a dangerous weapon, he commit Crim.App.1979) (<HOLDING>), cert. denied, 453 U.S. 913, 101 S.Ct. 3146, Options: A. holding that an indictment charging one offense during the commission of another crime need not allege the elements of the latter offense B. holding that a found in indictment need not allege all of the elements of entry C. holding that an offense is factually lesser included if the charging instrument alleges that the means used to commit the crime charged include all of the elements of the alleged lesser included offense D. holding that counsel was not ineffective in failing to request a charge on the lesserincluded offense when the evidence showed either the commission of the completed offense as charged or the commission of no offense such that the defendant was not entitled to a charge on the lesser offense E. holding that an indictment gave sufficient notice when the indictment charged the elements of the offense

assistant: The best answer is A. holding that an indictment charging one offense during the commission of another crime need not allege the elements of the latter offense
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: 1.2 as the provider of the airbnb platform , airbnb does not own , create , sell , resell , provide , control , manage , offer , deliver , or supply any listings or host 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: The Company shall have the right to deduct from payments of any kind otherwise due to the optionee or recipient of an Award any federal, state or local taxes of any kind required by law to be withheld with respect to any shares issued upon exercise of Options under the Plan or the purchase of shares subject to the Award. Subject to the prior approval of the Company, which may be withheld by the Company in its sole discretion, the optionee or recipient of an Award may elect to satisfy such obligation, in whole or in part, (a) by causing the Company to withhold shares of Common Stock otherwise issuable pursuant to the exercise of an Option or the purchase of shares subject to an Award or (b) by delivering to the Company shares of Common Stock already owned by the optionee or Award recipient. The shares so delivered or withheld shall have a fair market value of the shares used to satisfy such withholding obligation as shall be determined by the Company as of the date that the amount of tax to be withheld is to be determined. An optionee or Award recipient who has made an election pursuant to this Section may only satisfy his or her withholding obligation with shares of Common Stock which are not subject to any repurchase, forfeiture, unfulfilled vesting or other similar requirements.

assistant: Withholdings
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 Corporation and the Corporation Subsidiaries have maintained insurance in such types and amounts as appropriate for their respective businesses. Neither the Corporation nor any Corporation Subsidiary has any self-insurance or co-insurance programs. Neither the Corporation nor any Corporation Subsidiary has been refused any insurance coverage sought or applied for and neither the Corporation nor any Corporation Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business at a cost that would not have a Material Adverse Effect.

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: and the circuit court denied them. On appeal to this Court, the mother argued that because she and the husband were parties to the paternity action, the court erred in denying her motions. In an unreported opinion, we held that even if the rulings were in error, the error was harmless because biological paternity was not in dispute. The Court of Appeals did not address that issue on certiorari. Id. at 521-22, 639 A.2d 1076. 15 . We note also that Tyrone’s motion for blood or genetic testing was made by a "party to the proceedings,” within the meaning of F.L. § 5- 1029(b), in that there has been but one proceeding in this case: a paternity action. 16 . Likewise, such a decision also includes consideration of the best interest of the child. Sider v. Sider, 334 Md. at 527, 639 A.2d 1076 (<HOLDING>). 17 . We note that a decision by a circuit Options: A. holding court properly applied best interest of child standard when determining whether placement goal should be changed B. holding that best interest of the child standard should be used in deciding whether to grant a paternity petition C. holding the best interest of the child standard does not violate federal constitutional principles D. holding that the best interest of the child was the proper standard to apply in determining whether blood tests should be conducted E. holding that the best interest of the child is the paramount concern in determining whether to order blood tests to determine paternity

assistant: The best answer is B. holding that best interest of the child standard should be used in deciding whether to grant a paternity petition
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 GUARANTOR SHALL INDEMNIFY EACH OF THE secured parties, AND THEIR RESPECTIVE officers, partners, members, directors, trustees, advisors, employees, agents, sub-agents and affiliates FROM, AND DISCHARGE, RELEASE, AND HOLD EACH OF THEM HARMLESS AGAINST, ANY AND ALL LIABILITIES, OBLIGATIONS, LOSSES, CLAIMS, EXPENSES, OR DAMAGES OF ANY KIND OR NATURE WHATSOEVER TO WHICH ANY OF THEM MAY BECOME SUBJECT RELATING TO OR ARISING OUT OF THIS GUARANTY, AND EACH GUARANTOR SHALL REIMBURSE THE secured parties AND THEIR RESPECTIVE officers, partners, members, directors, trustees, advisors, employees, agents, sub-agents and affiliates, UPON DEMAND FOR ALL ACTUAL AND REASONABLE COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES (BUT EXCLUDING ALLOCATED COSTS OF INTERNAL COUNSEL) INCURRED IN CONNECTION WITH ANY SUCH INVESTIGATION, LITIGATION OR OTHER PROCEEDING; AND EXPRESSLY INCLUDING ANY SUCH LOSSES, LIABILITIES, CLAIMS, DAMAGES, OR EXPENSES INCURRED BY REASON OF THE INDEMNIFIED PERSON’S OWN NEGLIGENCE, BUT EXCLUDING ANY SUCH LOSSES, LIABILITIES, CLAIMS, DAMAGES OR EXPENSES that (A) ARE FOUND IN A FINAL, NON-APPEALABLE JUDGMENT BY A COURT OF COMPETENT JURISDICTION TO HAVE RESULTED directly FROM (1) SUCH INDEMNIFIED PERSON’S GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR BREACH IN BAD FAITH OF EXPRESS OBLIGATIONS UNDER THIS GUARANTY.

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: Notwithstanding any termination or expiration of this Agreement, Sections 4, 5, 6, 7 and 8 of this Agreement shall survive and remain in full force and effect in accordance with their respective terms.

assistant: Survival