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: certain bankruptcy suits. See 11 U.S.C. § 106(a). Most of our sister circuits, however, have concluded that this abrogation is constitutionally infirm. See, e.g., Nelson v. La Crosse County Dist. Attorney, 301 F.3d 820, 832 (7th Cir.2002); Mitchell v. Franchise Tax Bd. (In re Mitchell), 209 F.3d 1111, 1121 (9th Cir.2000); Sacred Heart Hosp. v. Pennsylvania (In re Sacred Heart Hosp.), 133 F.3d 237, 245 (3d Cir.1998); Dep’t of Trans. & Dev. v. PNL Asset Mgmt. Co. (In re Estate of Fernandez), 130 F.3d 1138, 1139 (5th Cir.1997) (per curiam) (“Fernandez II”), amending 123 F.3d 241 (5th Cir.1997) (“Fernandez I”); Schlossberg v. Maryland (In re Creative Goldsmiths), 119 F.3d 1140, 1145 (4th Cir.1997). But see Hood v. Tenn. Student Assistance Corp. (In re Hood), 319 F.3d 755, 767-68 (6th Cir.) (<HOLDING>), cert. granted, Tenn. Student Assistance Corp. Options: A. holding that it is well settled that there is no constitutional right to an appeal B. holding that the preponderance standard is generally constitutional C. recognizing the right to trial by jury is a constitutional right to be given the same protections as other constitutional rights D. holding that 106a is constitutional E. holding that there is no constitutional right to appeal a criminal conviction

assistant: The best answer is D. holding that 106a is constitutional
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 Confirmation is effective as of April 1, 2017, and shall continue through March 31, 2032 (the “Primary Term”) and continue after the Primary Term on a Year-to-Year basis unless terminated at the end of the Primary Term or any Yearly extension period thereafter by either Party giving at least six (6) Months prior written notice, provided however, Shipper shall have two (2) successive options to extend the Primary Term by five (5) Years each by giving Transporter at least nine (9) Months prior written notice and Transporter’s right to terminate this Confirmation at the end of the Primary Term or any Yearly extension period thereafter shall be subject to, and limited by, Shipper’s options to extend the Primary Term. Unless otherwise agreed by Shipper and Transporter in writing, the MDCQs during any Yearly extension periods will be the applicable MDCQ in effect on March 31, 2032.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: being where a statute indicates otherwise, as is the case here with 42 Pa.C.S. § 3561 when read in conjunction with Allegheny County Local Rule of Court 255. 5 . Interest is to cease running with its filing. The insurer’s failure to act sooner to mitigate the accrual of interest, under principles of equity — one who sits on his rights cannot complain thereafter of wrongs incurred, justifies the time set for the cessation of interest-accumulation. Cf. Booker Bros. Co., supra at 358. As an aside, we note that the trial court’s denial of the defendant’s payment of monies into court was unaccompanied by any reason for the denial. We would ask that any future refusal or grant be accompanied by reasons. See McCanna & Fraser Co. v. Continental Hotel Co., 252 Pa. 482, 484, 97 A. 700 (1916) (<HOLDING>). 6 . While the order for deposit is more Options: A. holding that an insurer is not liable for punitive damages by its refusal to pay a claim unless such refusal is accompanied by a malicious intent to injure or defraud B. holding that the best interest of the child standard should be used in deciding whether to grant a paternity petition C. holding that we may not review a district courts refusal to grant a downward departure unless the court mistakenly believed that it lacked the authority to grant such a departure D. holding that a refusal to grant such a petition should nevertheless be accompanied by reasons therefore E. holding that best interest of the child standard should be used in deciding whether to grant a paternity petition

assistant: The best answer is D. holding that a refusal to grant such a petition should nevertheless be accompanied by reasons therefore
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 the foregoing, in the event that within two (2) years following a Change in Control, the Grantee’s service with the Company and its affiliates is terminated by the Company or any of its affiliates for any reason other than for Cause or by the Grantee for Good Reason, then the RSUs and the Dividend Equivalent RSUs that have been credited as of the Termination Date will become immediately vested.

assistant: Change In Control
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 use the net proceeds from the sale of the Shares hereunder for working capital and general corporate purposes. In no event shall the Company use such proceeds for: (a) the satisfaction of any portion of the Company’s debt obligations, (b) the redemption of any Common Stock, (c) the settlement of any outstanding litigation or (d) in violation of the FCPA or OFAC regulations.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Rule of Civil Procedure 12(b)(1), there is no need to reach the merits of the action under Rule 12(b)(6) or whether the fraud allegations are pled with particularity, as required by Rule 9(b). 2 . The Court notes that although a demand upon the board is typically required in a shareholder derivative case, see Fed.R.Civ.P. 23.1, such a demand would be futile here. The allegations in the within action are that Curtin "orchestrated and committed the challenged conduct.” Tuscano, 403 F.Supp.2d at 223. "With reasonable certainty, it is fair to assume that [Curtin] [will] not ... agree to initiate a lawsuit accusing himself of wide-ranging wrongdoing, including RICO violations.” Id. at 223-24; see also L.W. Kent & Co., Inc. v. Wolf, 143 A.D.2d 813, 533 N.Y.S.2d 119, 121 (2d Dep't 1988) (<HOLDING>). Accordingly, Barry's failure to make a demand Options: A. holding that taxpayer could not have presented substantive due process claim to the board of assessment review because of the limited jurisdiction of that board B. holding that where approval of the board of directors was not formally requested a demand would have been futile for it could hardly be expected that if approval of the board of directors were sought defendant who controlled 50 of the board would have authorized the action against himself C. holding that where a defendant controlled the board of directors it is manifest then that there can be no expectation that the corporation would sue him and if it did it can hardly be said that the prosecution of the suit would be entrusted to proper hands D. holding that the district court was authorized to remand the proceedings to the board where the board failed to make required findings E. holding that an appeal to an agency review board would be futile because the board lacked authority to invalidate ordinance as requested

assistant: The best answer is B. holding that where approval of the board of directors was not formally requested a demand would have been futile for it could hardly be expected that if approval of the board of directors were sought defendant who controlled 50 of the board would have authorized the action against himself
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, notwithstanding any reduction described in Section 9(a) hereof (or in the absence of any such reduction), the IRS determines that Executive is liable for the Excise Tax as a result of the receipt of one or more Payments, then Executive shall be obligated to surrender or pay back to the Company, within one-hundred twenty (120) days after a final IRS determination, an amount of such payments or benefits equal to the “ Repayment Amount .” The Repayment Amount with respect to such Payments shall be the smallest such amount, if any, as shall be required to be surrendered or paid to the Company so that Executive’s net proceeds with respect to such Payments (after taking into account the payment of the Excise Tax imposed on such Payments) shall be maximized. Notwithstanding the foregoing, the Repayment Amount with respect to such Payments shall be zero (0) if a Repayment Amount of more than zero (0) would not eliminate the Excise Tax imposed on such Payments or if a Repayment Amount of more than zero would not maximize the net amount received by Executive from the Payments. If the Excise Tax is not eliminated pursuant to this Section 9(b), Executive shall pay the Excise Tax.

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

user: In the event that a party or its Representatives is required by Law, rule or stock exchange regulation to disclose any of the other party’s Evaluation Material or the fact that discussions between the parties are taking place concerning the Transaction, the party required to make such disclosure shall, to the extent practicable, provide the other party with prior written notice of any such requirement so that the other party may seek a protective order or other appropriate remedy and/or waive compliance with the provisions of this Agreement.

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: Attached to Section 3(g) of the Disclosure Schedule are the following financial statements (collectively the “ Financial Statements ”): (i) audited balance sheets and statements of income, statement of members’ equity, and cash flow as of and for the fiscal years ended December 31, 2013 and December 31, 2014 for Seller; (ii) unaudited balance sheet and statement of income, statement of members’ equity, and cash flow as of and for the fiscal year ended December 31, 2015 (the “ Most Recent Year Financial Statements ”); and (iii) unaudited balance sheet and statement of income, and cash flow (the “ Most Recent Financial Statements ”) as of and for the three months ended March 31, 2016 (the “ Most Recent Fiscal Month End ”) for Logicmark. Except as set forth on Section 3(g) of the Disclosure Schedule, the Financial Statements (including the notes thereto) have been prepared in accordance with GAAP and present fairly the financial condition of Logicmark as of such dates and the results of operations of Logicmark; provided, however, that the Most Recent Year Financial Statements and Most Recent Financial Statements are subject to normal year-end adjustments and lack footnotes and other presentation items. All Indebtedness of the Company as of immediately prior to the Closing (including the outstanding amount thereof) is set forth on Section 3(g) of the Disclosure Schedule.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: physical injury as a result of a defendant’s negligent conduct, or who are placed in immediate risk of physical harm by that conduct.” Ex parte Grand Manor, Inc., 778 So.2d 173, 179 (Ala.2000) (citation and quotations omitted) (finding that plaintiffs bringing a claim for negligent manufacture of their mobile home were within the zone of danger due to risk of harm from inappropriate water pressure and faulty electrical wiring); see also AALAR, 716 So.2d at 1147 (providing a lengthy analysis of various theories and tracing the development of the zone of danger test in Alabama). The zone of danger test has been routinely applied in Alabama cases to permit recovery of emotional damages only by those who suffered actual or imminent risk of physical harm. See, e.g. AALAR, 716 So.2d at 1147 (<HOLDING>); White Consol. Industries, Inc. v. Wilkerson, Options: A. holding that plaintiffs who were in the car during car accident could recover for emotional damages because they were within zone of danger B. holding that there was probable cause for arrest where officers knew defendants had recently been with suspected drug dealer officers saw defendants car being maneuvered so as to indicate that surveillance had been detected and when officers approached car defendant attempted to place package under car and then pulled the package back inside the car and closed and locked the car door C. holding car lessee specifically contracted with car lessor for liability for any and all loss or damage to rental car thus barring recovery from insurer under exclusion for liability assumed by contract D. holding that one plaintiff bringing negligence and wantonness claim against car rental company for failing to remove rental car from stolen car list could not recover mental anguish damages because he was never at risk of physical harm but that fact question existed as to whether other plaintiff was at risk of physical harm when police pulled weapon on him E. holding under jellins that a tangential risk allocation provision did not make a rental car contract insurance because its principal object and purpose remained the rental of an automobile

assistant: The best answer is D. holding that one plaintiff bringing negligence and wantonness claim against car rental company for failing to remove rental car from stolen car list could not recover mental anguish damages because he was never at risk of physical harm but that fact question existed as to whether other plaintiff was at risk of physical harm when police pulled weapon on him
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: Interest based on the Citibank Rate hereunder shall be computed on the basis of a year of 365 days (or 366 days in a leap year) and paid for the actual number of days elapsed (including the first day but excluding the last day). All other interest and fees shall be computed on the basis of a year of 360 days and paid for the actual number of days elapsed (including the first day but excluding the last day).

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: The Purchaser covenants that neither it, nor any Affiliate acting on its behalf or pursuant to any understanding with it will (i) execute any 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 4.6 and (ii) execute any Short Sales of the Common Stock from the date hereof until the earlier of (x) 5 month anniversary of the date hereof and (y) the date that the Note is no longer outstanding (provided that this provision shall not prohibit any sales made where a corresponding Notice of Conversion or Notice of Exercise is tendered to the Company and the shares received upon such conversion or exercise are used to close out such sale) (a “ Prohibited Short Sale ”). The Purchaser 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 4.6, 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. Notwithstanding 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 4.6, (ii) except for a Prohibited Short Sale, 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 4.6 and (iii) no Purchaser shall have any duty of confidentiality to the Company or its Subsidiaries after the issuance of the initial press release as described in Section 4.6. Notwithstanding the foregoing, in the case of the 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 case excerpt and choose the best holding from the options. Case excerpt: different circumstances, constitute deficient representation. Under other circumstances, it might be reasonable trial strategy for counsel to indicate sympathy for a prosecution witness, elicit forensic evidence the state had not sought to present, or adopt a tough stance with one’s client. See Strickland, 466 U.S. at 688-89, 104 S.Ct. 2052 (“No particular set of detailed rules for counsel’s conduct can satisfactorily take account of the variety of circumstances faced by defense counsel ... ”). In cases in which we have found such actions or omissions were not deficient, however, the circumstances revealed that those actions or omissions were part of identifiably reasonable trial strategies calculated to benefit the defendant in some way. See, e.g., Hale v. Gibson, 227 F.3d at 1323 (<HOLDING>); Fowler v. Ward, 200 F.3d 1302, 1310-11 (10th Options: A. holding that reconsideration may not be based on evidence and legal arguments that could have been presented at the time of the challenged decision B. holding that any error that court may have made in admitting inadmissible evidence was harmless because government presented overwhelming evidence establishing defendants guilt C. holding that though the government may have failed to disclose exculpatory testimony in light of the overwhelming evidence of defendants involvement in narcotics sales there was no reasonable probability that a defense based upon that testimony would have been successful D. holding that performance of counsel whose first involvement with the case came on the morning of trial constituted ineffective assistance E. holding counsel made reasonable strategic decision to concede some involvement by defendant given the overwhelming evidence presented at trial and focused on the extent of his involvement and whether others could have been involved

assistant: The best answer is E. holding counsel made reasonable strategic decision to concede some involvement by defendant given the overwhelming evidence presented at trial and focused on the extent of his involvement and whether others could have been involved
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall be administered, interpreted and construed in accordance with the applicable provisions of the Plan and in accordance with the Performance Share Units being a Performance-Based Compensation Award. Capitalized terms in this Agreement have the meaning assigned to them in the Plan, unless this Agreement provides, or the context requires, otherwise.

assistant: Construction
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 SELLER PARTY HEREBY IRREVOCABLY SUBMITS TO THE NON-EXCLUSIVE JURISDICTION OF ANY UNITED STATES FEDERAL OR NEW YORK STATE COURT SITTING IN NEW YORK COUNTY, NEW YORK IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY DOCUMENT EXECUTED BY SUCH PERSON PURSUANT TO THIS AGREEMENT AND EACH SELLER PARTY HEREBY IRREVOCABLY AGREES THAT ALL CLAIMS IN RESPECT OF SUCH ACTION OR PROCEEDING MAY BE HEARD AND DETERMINED IN ANY SUCH COURT AND IRREVOCABLY WAIVES ANY OBJECTION IT MAY NOW OR HEREAFTER HAVE AS TO THE VENUE OF ANY SUCH SUIT, ACTION OR PROCEEDING BROUGHT IN SUCH A COURT OR THAT SUCH COURT IS AN INCONVENIENT FORUM. NOTHING HEREIN SHALL LIMIT THE RIGHT OF THE AGENT OR ANY PURCHASER TO BRING PROCEEDINGS AGAINST ANY SELLER PARTY IN THE COURTS OF ANY OTHER JURISDICTION. ANY JUDICIAL PROCEEDING BY ANY SELLER PARTY AGAINST THE AGENT OR ANY PURCHASER OR ANY AFFILIATE OF THE AGENT OR ANY PURCHASER INVOLVING, DIRECTLY OR INDIRECTLY, ANY MATTER IN ANY WAY ARISING OUT OF, RELATED TO, OR CONNECTED WITH THIS AGREEMENT OR ANY DOCUMENT EXECUTED BY SUCH SELLER PARTY PURSUANT TO THIS AGREEMENT SHALL BE BROUGHT ONLY IN A COURT IN NEW YORK COUNTY, NEW YORK.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the report and recommendation did not notify the parties that they must file timely objections to preserve their right to appellate review. He argues that the firm waiver rule should not be enforced in the absence of such an explicit notification. While we have held that the firm waiver rule is inapplicable when pro se litigants are not given explicit notice of the rule, see id. at 659, we have never extended that practice to counseled cases. We decline to do so today, because we expect counsel to know the rules. See Nasious v. Two Unknown B.I.C.E. Agents, 492 F.3d 1158, 1163 n. 5 (10th Cir.2007) (“[W]e expect counsel to know the pleading rules of the road without being given personal notice of them by the district court.”); United States v. Windrix, 405 F.3d 1146, 1157 (10th Cir.2005) (<HOLDING>). While 28 U.S.C. § 636(b)(1) provides that a Options: A. holding that district court did not abuse its discretion in striking fact statements that did not comply with the local rules B. holding that a criminal defendants counsel is charged with knowledge of the local criminal rules in their entirety including those parts of the local civil rules incorporated by reference C. holding the district court did not abuse its discretion in applying its own local rules even though those rules prevented it from considering some facts improperly alleged by plaintiffs that might have been relevant to the summary judgment motion D. holding that the federal expert witness compensation rules are in direct conflict with the state rules even when the state rules allow for a greater recovery E. holding that defendants have a right to counsel in criminal proceedings

assistant: The best answer is B. holding that a criminal defendants counsel is charged with knowledge of the local criminal rules in their entirety including those parts of the local civil rules incorporated by reference
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 Borrower and each other Credit Party irrevocably and unconditionally submits, for itself and its property, to the exclusive jurisdiction of the courts of the State of New York and any appellate court from any thereof, in any action or proceeding arising out of or relating to this Agreement or any other Credit Document, or for recognition or enforcement of any judgment, and each of the parties hereto irrevocably and unconditionally agrees that all claims in respect of any such action or proceeding may be heard and determined in such New York sitting State court or, to the fullest extent permitted by applicable law, in such Federal court. Each of the parties hereto agrees that a final judgment in any such action or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law. Nothing in this Agreement or in any other Credit Document shall affect any right that the Administrative Agent, any Lender, the Swingline Lender or the Issuing Lender may otherwise have to bring any action or proceeding relating to this Agreement or any other Credit Document against any Borrower or any other Credit Party or its properties in the courts of any jurisdiction.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: For purposes of this Agreement: (a) the words “include,” “includes” and “including” do not limit the preceding terms or words and shall be deemed to be followed by the words “without limitation”; (b) the word “or” is not exclusive and has the inclusive meaning represented by the phrase “and/or;” and (c) the words “herein,” “hereof,” “hereby,” “hereto” and “hereunder” refer to this Agreement as a whole and not to any particular provision of this Agreement. Unless the context otherwise requires, references herein: (i) to Articles, Sections, Disclosure Schedule and Exhibits mean the Articles and Sections of, and Disclosure Schedule and Exhibits attached to, this Agreement; (ii) to an agreement, instrument or other document means such agreement, instrument or other document as amended, supplemented and modified from time to time to the extent permitted by the provisions thereof and (iii) to a statute means such statute as amended from time to time and includes any successor legislation thereto and any regulations promulgated thereunder. This Agreement shall be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting an instrument or causing any instrument to be drafted. The Disclosure Schedule and Exhibits referred to herein shall be construed with, and as an integral part of, this Agreement to the same extent as if they were set forth verbatim herein.

assistant: Interpretations
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: corpus. In other words, because B.H.M. was not a party to the original suit affecting the parent-child relationship, his suit must be considered an original suit. Thus, J.P.K. suggests, much as the petitioners did in V.L.K., that application of the parental presumption, i.e., whether the suit is original or a modification, depends upon the identity of the parties. In V.L.K., the supreme court rejected this argument, holding that a determination on the applicability of the parental presumption, i.e., whether a suit is original or a modification, does not depend upon the parties’ identities, but the circumstances and the relief is sought. See V.L.K, 24 S.W.3d at 342-43 (recognizing that Legislature did not impose different burdens on parents versus nonparents, 829, 833 (Tex.1980) (<HOLDING>). First, it is undisputed there was a prior Options: A. holding where party fails to challenge specificity of pleading it waives right to claim that pleading fails to meet legal requirements B. holding that pleading rules are substantive C. recognizing that the federal pleading standard is a less stringent standard than the delaware pleading standard D. recognizing by citing several cases that diametric opposing lines of case law authority exist with one line suggesting that information need not allege each element of offense charged because notice pleading is sufficient distinguishing pleading elements from pleading facts E. holding that courts look to substance of plea for relief to determine nature of pleading not merely title of pleading

assistant: The best answer is E. holding that courts look to substance of plea for relief to determine nature of pleading not merely title of pleading
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: Arrays Ballard first argues that his due process rights were violated due to the spoliation of evidence of possible suggestive identification procedures and that, as a result, the evidence of the identifications at trial should have been suppressed. As we set forth in Raheem v. Kelly, 257 F.3d 122 (2d Cir.2001), “[d]ue process requires that criminal trials proceed consistently with that fundamental fairness which is essential to the very concept of justice. When the prosecution offers testimony from an eyewitness to identify the defendant as a perpetrator of the offense, fundamental fairness requires that that identification testimony be reliable.” Id. at 133 (internal quotation marks and citations omitted); see also Manson v. Brathwaite, 432 U.S. 98, 114, 97 S.Ct. 2243, 53 L.Ed.2d 140 (<HOLDING>); Watkins v. Sowders, 449 U.S. 341, 347, 101 Options: A. holding experts experience knowledge and training is considered in determining reliability B. holding that the admissibility of lay witness identification testimony turns on a number of factors C. holding that reliability is the linchpin in determining the admissibility of identification testimony D. holding that the admissibility of expert testimony was governed by state law E. holding that trial courts are gatekeepers in determining fitness of scientific expert testimony for admissibility at trial

assistant: The best answer is C. holding that reliability is the linchpin in determining the admissibility of identification testimony
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, together with the other Loan Documents, comprises the complete and integrated agreement of the parties on the subject matter hereof and thereof and supersedes all prior agreements, written or oral, on such subject matter. In the event of any conflict between the provisions of this Agreement and those of any other Loan Document, the provisions of this Agreement shall control; provided that the inclusion of supplemental rights or remedies in favor of the Administrative Agent or the Lenders in any other Loan Document shall not be deemed a conflict with this Agreement. Each Loan Document was drafted with the joint participation of the respective parties thereto and shall be construed neither against nor in favor of any party, but rather in accordance with the fair meaning thereof.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the Indian tribe. See 25 U.S.C. § 1912. For all voluntary proceedings, parental consent must be “executed in writing and recorded before a judge of court of competent jurisdiction.” 25 U.S.C. §. 1913(a). In addition to the plain language of the statute, the legislative history of the ICWA supports the argument that there is no notice requirement for voluntary adoption proceedings of an Indian child. Congress has yet to include a notice provision for voluntary adoption proceedings. “Currently, the Act requires that tribes receive notice of involuntary proceedings but not voluntary proceedings.” H.R.Rep. No. 808, 104th Cong., 2d Sess. 4, 18 (1996); see, e.g., Amendments to the Indian Child Welfare Act, Hearing before the Committee on Indian Affairs, 104th Cong., 2d Sess. 343-344 (1996) (<HOLDING>); H.R.Rep. No. 808, 104th Cong., 2d Sess. 4, 15 Options: A. holding that tribes voluntary participation in administrative proceedings is not the express and unequivocal waiver of tribal immunity that we require in this circuit B. holding that tribal courts have jurisdiction to divide trust property in a divorce action when both parties are indians C. holding that indian tribes could only exercise criminal jurisdiction over tribal members and not other indians D. recognizing that the national congress of american indians proposed a new section 1913c d which would have required tribal notification in voluntary proceedings E. holding that federal courts do not have jurisdiction to interpret a tribal constitution or tribal laws

assistant: The best answer is D. recognizing that the national congress of american indians proposed a new section 1913c d which would have required tribal notification in voluntary proceedings
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: 104 S.Ct. 2885. Further more, Garrido-Valdez must rebut the presumption of correctness accorded to the state trial court’s factual determinations of impartiality by “clear and convincing evidence.” 28 U.S.C. § 2254(e)(1). Garrido-Valdez, however, has not presented any evidence other than the voir dire testimony of Juror No. 9 and Juror No. 13 in support of his argument that these two individuals were incapable of being impartial. Thus, in holding that “[although [the two] prospective jurors initially expressed views casting doubt on their ability to be impartial in this case, they each ultimately stated unequivocally that they could be fair,” the state appellate court did not unreasonably apply clearly established federal law. See Patton v. Yount, 467 U.S. at 1040, 104 S.Ct. 2885. (<HOLDING>). Ha-beas relief is not warranted on this Options: A. holding that the ambiguity in the testimony of the cited jurors who were challenged for cause was insufficient to overcome the presumption of correctness owed to the trial courts findings B. holding that it is the appellants burden to present a record to overcome the presumption of correctness of the trial courts findings C. holding that it is the duty of the appellant to overcome the presumption of the correctness of the trial courts judgment by demonstrating some reversible error D. holding that in appellate proceedings the decision of the trial court has the presumption of correctness and the burden is on the appellant to demonstrate error E. holding evidence insufficient to overcome presumption of correctness

assistant: The best answer is A. holding that the ambiguity in the testimony of the cited jurors who were challenged for cause was insufficient to overcome the presumption of correctness owed to the trial courts findings
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: As used in this Agreement, (a) neutral pronouns and any derivations thereof shall be deemed to include the feminine and masculine and all terms used in the singular shall be deemed to include the plural and vice versa, as the context may require; (b) the words “hereof” and “hereunder” and other words of similar import refer to this Agreement as a whole, including all exhibits and schedules as the same may be from time to time amended or supplemented and not to any subdivision of this Agreement; (c) the word “including” is not intended to be exclusive and means “including without limitation”; and (d) descriptive headings are inserted for convenience of reference only and do not constitute a part of and shall not be utilized in interpreting this Agreement. This Agreement shall be fairly interpreted in accordance with its terms and without any strict construction in favor of or against either party.

assistant: Construction
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: death certificate and medical records did not state the causes of death or injury, the statements from the party president and Singh’s family were inconsistent’ with Singh’s statements to the AO, and because his mother and uncle were interested witnesses not subject to cross examination. As to Singh’s mental competency, the IJ determined that, despite his PTSD diagnosis, Singh was competent to participate in the removal proceedings because he was able to communicate with his attorney and rationally relate his testimony to the court. Accordingly, because he “presented testimony in a coherent, linear manner,” the IJ' determined -that Matter of J-R-RA- did not require a finding that Singh’s alleged fear of harm was subjectively genuine. See Matter of J-R-R-A-, 26 I & N Dec. 609 (BIA 2016) (<HOLDING>). In light of the adverse credibility Options: A. holding that when applicant is deemed incompetent or is unable to provide testimony in a coherent linear manner due to mental illness or serious cognitive disability the ij should as a safeguard generally accept that the applicant believes what he has presented even though his account may not be believable to others or otherwise sufficient to support the claim B. holding that a mental illness limitation limiting the maximum payment for care of mental illness or care of nervous conditions of any type or cause is ambiguous because the plan contains no definition or explanation of the term mental illness and thus construed against the insurance company does not include physically based illnesses C. holding that the due process clause permits the state to treat a prison inmate who has a serious mental illness with antipsychotic drugs against his will if the inmate is dangerous to himself or others and the treatment is in the inmates medical interest D. holding that a mental illness limitation containing the exact language at issue in this case is ambiguous because it does not specify whether a disability is to be classified as mental by looking to the cause of the disability or to its symptoms and thus construed in favor of the insured does not encompass organically based illnesses E. holding that if an experts opinion is dependent upon information that is inaccurate or lacks support in the record it is deemed incompetent

assistant: The best answer is A. holding that when applicant is deemed incompetent or is unable to provide testimony in a coherent linear manner due to mental illness or serious cognitive disability the ij should as a safeguard generally accept that the applicant believes what he has presented even though his account may not be believable to others or otherwise sufficient to support the claim
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 expressly amended hereby, the Obligors each jointly and severally agree that all of the representations, warranties, terms, covenants, conditions and other provisions of the Credit Agreement and the other Loan Documents shall remain unchanged and shall continue to be, and shall remain, in full force and effect in accordance with their respective terms. The amendments, consents and other waivers and modifications set forth in this Agreement shall be limited precisely as provided for herein to the provisions expressly amended herein or otherwise modified or waived hereby and shall not be deemed to be an amendment to, waiver of, consent to or modification of any other term or provision of the Credit Agreement or any other Loan Document or of any transaction or further or future action on the part of any Obligor which would require the consent of the Lender under the Credit Agreement or any of the Loan Documents.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: in the State court proceeding.” 28 U.S.C. § 2254(d). Sneed first claims that his trial counsel was ineffective during the penalty phase because he failed to investigate the possibility that Sneed has organic brain damage and the possibility that he had been sexually abused as a child. The district court found that his counsel had produced a “wealth” of mitigation evidence (and recounted the testimony of 17 separate defense witnesses, including three psychological experts) and held that counsel’s investigation was sufficient. On appeal, Sneed contends that his counsel was obliged to discover the brain damage and sex abuse, and produce evidence of how it would mitigate the murder. The government counters that even Sneed’s own post-conviction psychologi 3, 18-19, 175 L.Ed.2d 255 (2009) (<HOLDING>). In the present case, Sneed’s counsel produced Options: A. holding performance not deficient because counsel gathered a substantial amount of information and then made a reasonable decision not to pursue additional sources B. holding that trial counsels performance was not deficient for failing to give a mental health expert additional information because the expert testified at the evidentiary hearing that the collateral data would not have changed his testimony C. holding that to demonstrate deficient performance a petitioner must show counsel made errors so serious that counsel was not functioning as the counsel guaranteed a defendant by the sixth amendment D. holding that state courts factual finding that counsel made a strategic decision not to investigate further a mental illness that if reasonable would make counsels investigation not deficient was reasonable under aedpa review E. holding that failure to object to properly admitted evidence was not deficient performance by trial counsel

assistant: The best answer is A. holding performance not deficient because counsel gathered a substantial amount of information and then made a reasonable decision not to pursue additional sources
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: first Rule 1-015(C) factor, stated in subpart (C)(1), would be whether Corporation was on notice from the Bernalillo County action of the institution of the action against Defendant such that Corporation would not be prejudiced in the joinder and in having to maintain a defense on the merits of Plaintiffs claim. This notice issue obviously would involve factual analyses of whether Defendant was the principal professional in the professional corporation “G.P. McRostie, D.O.M., N.D., P.A.,” and whether, based on Defendant’s position in Corporation, Corporation had received such notice of the institution of the Bernalillo County action that Corporation would not be prejudiced in maintaining its defense on the merits. See Rivera v. King, 108 N.M. 5, 11, 765 P.2d 1187, 1193 (Ct.App.1988) (<HOLDING>). The second factor, stated in subpart (C)(2), Options: A. holding that allegations that the defendants provided substantial assistance and encouragement to the other defendants in connection with the breaches by such other defendants of duties owed by them to the plaintiffs were too broad to be sustained B. holding that the defendants had received sufficient notice where the original defendants and the newly added defendants shared an identity of interests and were represented by attorneys who were involved in the litigation from its inception C. holding that the defendants allegations that his codefendant admitted that the defendant had no role in the robbery and that the codefendant had not testified on the defendants behalf because he had been coerced by the state were sufficient to state a prima facie claim of newly discovered evidence D. holding that defendants were not prejudiced by amendments to an employment discrimination claim because the original claim gave notice of the nature of the case E. holding that regardless of whether the defendant actually had a right to monies claimed defendants demands under the contract were not extortion because they were motivated by the defendants interpretation of the agreement

assistant: The best answer is B. holding that the defendants had received sufficient notice where the original defendants and the newly added defendants shared an identity of interests and were represented by attorneys who were involved in the litigation from its inception
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: determination of the PCRA court is supported by the evidence of record and is free of legal error. Commonwealth v. Smith, 606 Pa. 127, 995 A.2d 1143 (2010). The PCRA court’s findings will not be disturbed unless there is no support for the findings in the certified record. Id. Before addressing the issues presented on appeal, we must determine whether Appellant’s instant PCRA petition was timely filed. Our Supreme Court has stressed that “[t]he PCRA’s timeliness requirements are jurisdictional in nature and must be strictly construed; courts may not address the merits of the issues raised in a petition if it is not timely filed.” Commonwealth v. Abu-Jamal, 596 Pa. 219, 227, 941 A.2d 1263, 1267-68 (2008) (citation omitted). See Commonwealth v. Monaco, 996 A.2d 1076, 1079 (Pa.Super.2010) (<HOLDING>). It is well settled that “[a]ny and all PCRA Options: A. holding that untimely petition for postconviction petition divests trial court of jurisdiction B. holding that the court did not have jurisdiction to hear an appeal after an untimely filing of a notice of appeal C. holding that because an untimely pcra petition was premised on claims that were cognizable under the pcra the statutory writ of habeas corpus was unavailable D. holding that the constitutional nature of the violations alleged in a pcra petition has no effect on the application of the pcra jurisdictional time bar E. holding no court has jurisdiction to hear an untimely pcra petition

assistant: The best answer is E. holding no court has jurisdiction to hear an untimely pcra petition