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 legal provision and list the applicable contract clause categories. Provision: The Company shall, by 5:30 p.m. (New York City time) on the fourth Trading Day immediately following the Execution Date, file a Current Report on Form 8-K and press release disclosing the material terms of the transactions contemplated hereby, including the Transaction Documents as exhibits thereto. From and after the issuance of such press release, the Company represents to the Purchasers that it shall have publicly disclosed all material, non-public information delivered to any of the Purchasers by the Company or any of its Subsidiaries, or any of their respective officers, directors, employees or agents in connection with the transactions contemplated by the Transaction Documents. The Company and each Purchaser shall consult with each other in issuing any other press releases with respect to the transactions contemplated hereby, and neither the Company nor any Purchaser shall issue any such press release nor otherwise make any such public statement without the prior consent of the Company, with respect to any press release of any Purchaser, or without the prior consent of each Purchaser, with respect to any press release of the Company, which consent shall not unreasonably be withheld or delayed, except if such disclosure is required by law, in which case the disclosing party shall promptly provide the other party with prior notice of such public statement or communication. Notwithstanding the foregoing, the Company shall not publicly disclose the name of any Purchaser, or include the name of any Purchaser in any filing with the Commission or any regulatory agency or Trading Market, without the prior written consent of such Purchaser, except: (a) as required by federal securities law in connection with (i) any registration statement contemplated by the Registration Rights Agreement and (ii) the filing of final Transaction Documents (including conformed signature pages thereto) with the Commission and (b) to the extent such disclosure is required by law or Trading Market regulations, in which case the Company shall provide the Purchasers with prior notice of such disclosure permitted under this clause (b).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The execution, delivery and performance of this Amendment by each Party that is a party hereto and the consummation of the transactions contemplated hereby do not and will not (a) require any consent or approval of, or registration or filing with or any other action by, any Governmental Authority (other than any consent or approval which has been obtained and is in full force and effect), (b) conflict with (i) any provision of material Applicable Law, (ii) the charter, by-laws, limited liability company agreement, partnership agreement or other organizational documents of any Party or (iii) any material agreement, indenture, instrument or other document, or any judgment, order or decree, which is binding upon any Party or any of their respective properties or (c) require, or result in, the creation or imposition of any Lien on any asset of the Borrower or any other Party (other than Liens in favor of Steward Capital created pursuant to that certain Loan and Security Agreement dated March 9, 2018).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement embodies the entire agreement and understanding between the Company and the Sabby Parties with respect to the subject matter of this Agreement and supersedes all prior agreements, commitments, arrangements, negotiations or understandings, whether oral or written, express or implied, between either the Company or the Sabby Parties with respect thereto. Except as expressly set forth in this Agreement and pursuant to the Series A Warrant Amendment, all of the terms and conditions of the Sabby Transaction Documents shall continue in full force and effect after the execution of this Agreement and shall not be in any way changed, modified or superseded by the terms set forth herein.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: At any time upon request of the Administrative Agent, each Loan Party and each of their respective Subsidiaries shall promptly execute and deliver any and all further instruments and documents and take all such other action (including promptly completing any registration or stamping of documents as may be applicable) as the Administrative Agent may deem reasonably necessary or desirable to maintain in favor of the Administrative Agent, for the benefit of the Secured Parties, Liens and insurance rights on the Collateral that are duly perfected in accordance with the requirements of, or the obligations of the Loan Parties under, the Loan Documents and all applicable Laws.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: for any potential ... overpayments.” Def.’s Reply at 5. In light of the absence of any “meaningful standard by which a court could review the exercise of [the agency’s] discretion,” Def.’s Mot. at 10, and Congress’s choice of precatory statutory language (“may compromise”), the court, supposedly, cannot review the defendant’s decision without intruding upon administrative prerogative. A court may not review an agency action where “(1) statutes preclude judicial review; or (2) agency action is committed to agency discretion by law.” 5 U.S.C. § 701(a)(2); Heckler v. Chaney, 470 U.S. 821, 828, 105 S.Ct. 1649, 84 L.Ed.2d 714 (1985). The APA’s ban on judicial review of such actions is jurisdictional. Balt. Gas & Elec. Co. v. Fed. Energy Regulatory Comm’n, 252 F.3d 456, 459 (D.C.Cir.2001) (<HOLDING>); Patent Office Prof'l Ass’n v. Fed. Labor Options: A. holding that ban on unauthorized practice of law did not implicate the first amendment B. holding that the faas action in this case was analogous to an exercise of prosecutorial discretion and noting that when prosecutorial discretion is at issue the matter is presumptively committed to agency discretion by law C. holding that judicial actions based upon a misapprehension of law constitute an abuse of discretion D. holding that the ban on judicial review of actions committed to agency discretion by law is jurisdictional E. recognizing judicial immunity for acts committed within their judicial jurisdiction

assistant: The best answer is D. holding that the ban on judicial review of actions committed to agency discretion by law is jurisdictional
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: opinions are not binding precedent in this circuit, PER CURIAM: Tracey Lamont Coad pled guilty pursuant to a plea agreement to possession of a firearm by a convicted felon, in violation of 18 U.S.C. §§ 922(g)(1), 924(e) (2012), and was sentenced under the Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e), to 212 months’ imprisonment. Coad appealed, and this Court affirmed the criminal judgment. The Supreme Court of the United States granted Coad’s petition for a writ of certiorari, vacated this Court’s judgment, and remanded for further consideration in light of the Supreme Court’s decision in Johnson v. United States, — U.S. -, 135 S.Ct. 2551, 192 L.Ed.2d 569 (2015) (<HOLDING>). Coad v. United States, — U.S. -, 136 S.Ct. Options: A. holding residual clause of acca void for vagueness B. holding that imposing an increased sentence under the residual clause of the acca violates the constitutions guarantee of due process C. holding massachusetts conviction for larceny from the person constitutes violent felony under the residual clause of the acca D. holding that va code 182603 is not void for vagueness E. holding c4c factor void for vagueness unless limiting construction was given

assistant: The best answer is A. holding residual clause of acca void for vagueness
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: encountered in the management of a class action.” The prerequisites of Rule 23(a) must be satisfied before the court considers the additional criteria of Rule 23(b). Blue Cross, supra, 582 So.2d 469; Rowan v. First Bank of Boaz, 476 So.2d 44 (Ala.1985). The party seeking certification of an action as a class action bears the burden of proof as to each of those prerequisites. Rowan. The burden is one of presenting “sufficient evidence” to satisfy the requirements of Rule 23. Blue Cross, 582 So.2d at 476; Marecek v. BellSouth Telecommunications, Inc., 49 F.3d 702, 706 (11th Cir.1995) (finding sufficient evidence to support the district court’s determination that the numerosity requirement of Rule 23(a)(1), Fed.R.Civ.P., was met); McCree v. Sam’s Club, 159 F.R.D. 572, 576 (M.D.Ala.1995) (<HOLDING>). Additionally, the trial court’s order cannot Options: A. holding that choiceoflaw issues prevented a manageable class under rule 23a B. holding that the plaintiffs motion for extension of time to file appeal qualified as a notice of appeal because it met the requirements of rule 4 of the federal rules of appellate procedure C. holding that rule 23a requirements must be satisfied as if class were to litigate its claims D. holding that the plaintiffs had not offered sufficient evidence that their claims met the requirements of rule 23a E. recognizing that the number of class representatives is not significant under rule 23a

assistant: The best answer is D. holding that the plaintiffs had not offered sufficient evidence that their claims met the requirements of rule 23a
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 contend that the interest would have been included in Thomas’s bankruptcy estate on another basis. 4 . It is undisputed that Sherry did not obtain an equitable interest in the Property solely by virtue of marriage. Miller v. Fulton Cnty., 258 Ga. 882, 375 S.E.2d 864, 865 (1989) (‘‘[N]o property rights are created in the assets of the marriage while the parties are still married.”). 5 . Likewise, the third-party testimony that the McFarlands presented at trial supports their position that they believed the property was jointly owned but not that there was an agreement to create a 'purchase money resulting trust. 6 . The presumption of a gift between spouses did not apply when the Property was purchased in 1968. See Woodward v. Woodward, 245 Ga. 550, 266 S.E.2d 170, 171-72 (1980) (<HOLDING>). But the code section relied on in Woodward Options: A. holding that under minnesota law refinancing and consolidation of purchase money loans did not destroy their purchase money character for bankruptcy lien avoidance purposes B. holding that the statute of frauds applies to a sellers wife holding only a dower interest in the property so the wife must sign the purchase agreement as well as the seller husband C. holding that there was no presumption of a gift where the wifes money was used to make the purchase but title was placed in the name of the husband and finding the facts sufficient to establish a purchase money resulting trust in favor of the wife D. holding in case where stock was purchased but held in suspense account pending repayment of loan from seller that the fact that the money to purchase the now worthless stock was borrowed does not mean that money was not lost E. holding that a purchase money security in jewelry was not lost when the perfected purchase money security interest was consolidated with a subsequent retail installment contract

assistant: The best answer is C. holding that there was no presumption of a gift where the wifes money was used to make the purchase but title was placed in the name of the husband and finding the facts sufficient to establish a purchase money resulting trust in favor of the wife
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: at trial. This case arose following the murder of Kiniun’s mother, Gloria Strickland, and the subsequent refusal of several insurance companies to pay out her death benefits to Kiniun. Kiniun filed complaints against these insurance companies because they refused to pay out the insurance proceeds while Kiniun was a suspect in his mother’s murder. Kiniun brings three issues on appeal, which we address in turn. After review, we affirm the district court. Summary judgment Kiniun first contends the district court erred in denying his motion for summary judgment. However, because the case proceeded to a full trial and judgment on the merits, we will not review the denial of Kiniun’s motion for summary judgment. See Lind v. United Parcel Serv., Inc., 254 F.3d 1281, 1286 (11th Cir.2001) (<HOLDING>). Evidentiary rulings Second, Kiniun asserts Options: A. holding that denial of motion for summary judgment is interlocutory even though trial judge had stated that there was no just reason for delay because denial of motion for summary judgment was not a final determination of defendants rights and the appeal did not affect defendants substantial rights B. recognizing that we can consider trial evidence in reviewing the denial of a pretrial suppression motion C. holding that the courts denial of either a motion to dismiss or a motion for summary judgment is not a final judgment and is not reviewable D. holding we will not review a pretrial denial of a motion for summary judgment after a full trial and judgment on the merits E. holding that a grant of summary judgment in favor of one party creates a final judgment allowing appellate review of denial of opposing partys summary judgment motion

assistant: The best answer is D. holding we will not review a pretrial denial of a motion for summary judgment after a full trial and judgment on the merits
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: Grocery, 843 F.2d 298, 301 (8th Cir.1988)). Bogren presents no evidence that any of the probationary officers ever received a comparable criminal citation nor that concerns over their accountability, driving performance or tendency to prevaricate were raised during their probationary period. Nor does she show that they were involved in motor vehicle accidents while on patrol. Rather, the record reflects only that two probationary troopers received a single citizen complaint, both of which were investigated and found to be unsustained, and a third received two citizen complaints. Moreover, Bogren has not shown that the supervisor or supervisors responsible for her termination were also involved in the disciplinary action, or lack thereof, of the white male probationary officers. See id. (<HOLDING>). • Bogren advances other arguments in support Options: A. recognizing the potential for discrimination by local officials among similarly situated property owners who are underrepresented in the general population B. recognizing that act and wetlands regulations are generally applicable to all similarly situated property owners and cannot be viewed as being directed solely at the plaintiffs C. holding that when regulations are intended to have different purposes and are not dependent on each other they are not intertwined D. holding that michigans lawyer disciplinary proceedings do not violate due process because the functions of investigation prosecution adjudication and review are functionally separate and are handled by different individuals E. recognizing that individuals are generally not similarly situated when different decision makers are involved in the respective disciplinary action

assistant: The best answer is E. recognizing that individuals are generally not similarly situated when different decision makers are involved in the respective disciplinary action
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: Subject to the last paragraph of Section 1, to the extent not required to be disclosed by law or applicable regulation by the Company or Executive, the existence of this Release, its terms, and its negotiation shall remain strictly confidential and shall not be disclosed in any manner by Executive to any third party other than Executive’s attorney, tax advisor, or spouse, provided any such person is made aware of and agrees to the terms of this Section. However, this Release may be used as evidence in any proceeding in which one of the Parties alleges a breach of this Release, seeks a declaratory judgment on the obligations contained in this Release, or asserts claims inconsistent with the terms of this Release.

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: owned by one party and the house by another.”)(citing Cullers, 1 S.W. at 315). 11 . See Gann v. Montgomery, 210 S.W.2d 255, 259 (Tex.Civ.App.Fort Worth 1948, writ ref'd n.r.e.)("[T]o be exempt as part of the homestead, [mobile homes] must be part of the exempt realty.”). See also Minnehoma Financial Co. v. D ll.1997); In re Herd, 176 B.R. 312, 313-14 (Bankr.D.Conn.1994); In re McMahon, 60 B.R. 632, 634 (Bankr.W.D.Ky.1986). 14 . In re Scudder, 97 B.R. 617, 618-19 (Bankr.S.D.Ala.1989)(allowing a houseboat to be claimed under Alabama's homestead exemption statute, which provides for exemptions of "mobile home[s] or similar dwelling[s].") 15 . In re McMahon, 60 B.R. at 634. 16 . In re Mead, 255 B.R. 80, 84-85 (Bankr.S.D.Fla.2000). 17 . In re Laube, 152 B.R. 260, 262-63 (Bankr.W.D.Wis.1993)(<HOLDING>) (citation omitted). 18 . In re Kiedaisch, Bk. Options: A. holding that the condominium association was not a thirdparty beneficiary of contracts between the owner and contractor of the condominium building and between the general contractor and the subcontractors B. holding that where appellants owned and resided upon contiguous 60acre rural farm and used 18 acres as a mobile home park 18acre tract was part of the rural homestead C. holding as matter of law that mobile home with wheels removed placed on blocks and hooked to lights and water is trailer within scope of covenant proscribing trailers used as temporary or permanent residences D. holding operable semi truck cab used by professional driver as homestead despite statutes description of dwelling as a building condominium mobile home house trailer or cooperative E. holding that an assembler of a mobile home is deemed to be a manufacturer of a finished product that is the mobile home for purposes of determining the applicability of the affirmative causalrelation defense under the aemld

assistant: The best answer is D. holding operable semi truck cab used by professional driver as homestead despite statutes description of dwelling as a building condominium mobile home house trailer or cooperative
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement and any documents and agreements executed in connection with the Purchase embody the entire agreement and understanding of the parties hereto with respect to the subject matter hereof and supersede all prior and contemporaneous oral or written agreements, representations, warranties, contracts, correspondence, conversations, memoranda and understandings between or among the parties or any of their agents, representatives or affiliates relative to such subject matter, including, without limitation, any term sheets, emails or draft documents.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Borrower shall indemnify, defend and hold the Bank and any Bank Affiliate and their respective directors, officers, employees, agents and attorneys (each, an “ Indemnitee ”) harmless of and from any claim brought or threatened against any Indemnitee by Borrower or endorser of the Obligations, or any other Person (as well as from reasonable attorneys’ fees and expenses in connection therewith) on account of the Bank’s relationship with Borrower or endorser of the Obligations (each of which may be defended, compromised, settled or pursued by the Bank with counsel of the Bank’s election, but at the expense of Borrower), except for any claim arising out of the gross negligence or willful misconduct of the Bank or any Bank Affiliate. The within indemnification shall survive payment of the Obligations, and/or any termination, release or discharge executed by the Bank in favor of Borrower.

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: In the event that you become disabled (as defined in the Employment Agreement) prior to the Retirement Date, this Agreement shall become null and void and your rights shall be governed by the terms of the Employment Agreement, the Severance Agreement and such other agreements in effect as of the date you claim a disability.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Any amendment to the Plan shall be deemed to be an amendment to this Agreement to the extent that the amendment is applicable hereto; provided , however , that no amendment shall adversely affect the rights of Grantee under this Agreement without Grantee’s consent; further , provided , that Grantee’s consent shall not be required to an amendment that is deemed necessary by the Company to ensure compliance with Section 409A of the Code or the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 or any regulations promulgated thereunder, including as a result of the implementation of any recoupment policy the Company adopts to comply with the requirements set forth in the Dodd-Frank Act.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Lease, along with any exhibits or attachments hereto, constitutes the entire agreement between the parties relative to the Leased Premises and there are no oral agreements or representations between the parties with respect to the subject matter hereof. This Lease supersedes and cancels all prior agreements and understandings with respect to the subject matter hereof. This Lease may be modified only in writing, signed by the parties in interest at the time of the modification.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: case and the court is not convinced that the state court action will necessarily dispose of all the claims presently before it, this court concludes that these actions are not parallel pursuant to the Colorado River doctrine. Accordingly, the court must exercise its jurisdiction. The court, therefore, finds it unnecessary to review the factors, such as whether this ease was filed in a vexatious or reactive nature, that are relevant only after the threshold showing of parallel actions is made. THE COURT THEREFORE ORDERS that Ms. Brown’s Motion to Dismiss or Stay the Instant Case (doc. #25) is DENIED. IT IS SO ORDERED. 1 . Ms. Brown assumes that the Kansas comparative fault statute applies in the Missouri state court action. See Wise v. Pottorff, 987 S.W.2d 407, 410 (Mo.App.W.D.1999) (<HOLDING>); cf. Hicks v. Graves Truck Lines, Inc., 707 Options: A. holding that in determining whether an accident arose out of employment the issue is whether the employees employment brought him in contact with the risk that in fact caused his injuries B. holding that the defendant had minimum contacts with kansas because it responded to the plaintiffs offer to contract despite the fact that a contract was never formally signed C. holding kansas comparative fault statute applied where the accident occurred in kansas and the only missouri contact with the accident was the fact that one of the parties resided in missouri distinguishing hicks based on the lack significant contacts with missouri D. holding that the defendant had minimum contacts with kansas because it chose to enter into a contract with the plaintiff that was to be performed at least in part in kansas and then the defendant continued to be in contact with the plaintiff regarding the contract E. holding that summary judgment on plaintiffs res ipsa loquitur theory was precluded both because there existed genuine issues of material fact as to the cause of the accident and whether or not one of the defendants had exclusive control over the instrumentality of the accident

assistant: The best answer is C. holding kansas comparative fault statute applied where the accident occurred in kansas and the only missouri contact with the accident was the fact that one of the parties resided in missouri distinguishing hicks based on the lack significant contacts with missouri
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Amendment shall be construed in accordance with and be governed by the law (without giving effect to the conflict of law principles thereof) of the State of New York. THIS AMENDMENT WILL BE DEEMED TO BE A CONTRACT MADE UNDER AND GOVERNED BY THE LAWS OF THE STATE OF NEW YORK (INCLUDING FOR SUCH PURPOSES SECTIONS 5-1401 AND 5-1402 OF THE GENERAL OBLIGATIONS LAW OF THE STATE OF NEW YORK).

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: 5 of the Constitution of the Commonwealth of Pennsylvania. See Pa. Const, sched. art. 5, § 16(f), (i). As a result, this Court concludes that regardless of how plaintiff was appointed to the position of President Judge, the holding in Blake is still applicable to the instant case. With regard to the liberty interest asserted by plaintiff, plaintiff argues that the actions of defendant constitute a liberty interest; defamation must be combined with a more tangible interest under state law, and the Supreme Court of Pennsylvania has already held that a President Judge has no legal interest under state law in his administrative duties and responsibilities. See Petition of Blake, 593 A.2d at 1269 n. 2; see also Paul v. Davis, 424 U.S. 693, 711, 96 S.Ct. 1155, 1165, 47 L.Ed.2d 405 (1976) (<HOLDING>); Clark v. Township of Falls, 890 F.2d 611, 620 Options: A. holding that defamation by a state official alone does not violate a liberty interest of a plaintiff absent the alteration or extinguishment of a right or status previously recognized by state law B. holding that defamation standing alone does not suffice for a stigmaplus claim there must be a right or status previously recognized by state law that was distinctly altered or extinguished C. holding that a suspension with pay does not violate any recognized property interest D. holding that determination of whether an official was acting on behalf of the state or the local government is determined by state law E. holding that defamation standing alone is not sufficient to establish a claim for deprivation of a liberty interest citations omitted

assistant: The best answer is A. holding that defamation by a state official alone does not violate a liberty interest of a plaintiff absent the alteration or extinguishment of a right or status previously recognized by state law
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: (11th Cir. 2012). In reviewing for substantive reasonableness, we examine the totality of the circumstances and ask whether the statutory factors set forth in § 3553(a) support the sentence in question. United States v. Gonzalez, 550 F.3d 1319, 1324 (11th Cir. 2008). The weight accorded any particular § 3553(a) factor is a matter committed to the sound discretion of the district court. United States v. Clay, 483 F.3d 739, 743 (11th Cir. 2007). Although we do not presume that a sentence falling within the guideline range is reasonable, we ordinarily expect such a sentence to be reasonable. United States v. Hunt, 526 F.3d 739, 746 (11th Cir. 2008). A sentence imposed well below the statutory maximum penalty also indicates that the sentence is reasonable. See Gonzales, 550 F.3d at 1324 (<HOLDING>). Under 18 U.S.C. § 3583(e), a court may revoke Options: A. recognizing a claim that the sentence exceeded the statutory maximum B. holding that a withinguideline sentence was reasonable in part because it was well below the allowable statutory maximum C. holding sentences need only be below the statutory maximum D. holding that a defendants sentence was reasonable in part because it was well below the statutory maximum E. holding a sentence 110 the length of the 20year statutory maximum sentence was reasonable

assistant: The best answer is B. holding that a withinguideline sentence was reasonable in part because it was well below the allowable statutory maximum
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: Notices pursuant to this Agreement shall be in writing and shall be deemed given when received; and, if mailed, shall be mailed by United States registered or certified mail, return receipt requested, postage prepaid; and if to Employer, addressed to the principal headquarters of First Busey, attention: General Counsel; and, if to Pulaski Bank, addressed to the principal headquarters of Pulaski Bank, attention: Chief Executive Officer; and if to Executive, to the address for Executive as most currently reflected in the corporate records, or to such other address as Executive has most recently provided to Pulaski Bank and, after the Effective Time, to Employer.

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: Any material representation or warranty of the Borrower made in the Purchase Agreement shall be false or misleading in any material respect as of the Issue Date, except to the extent such representation or warranty is made as of a different date in which case such representation or warranty shall have been false or misleading in any material respect as of such date.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Amendment shall be governed by and construed in accordance with the internal laws of the State of New York, without giving effect to any of the conflicts of law principles which would result in the application of the substantive law of another jurisdiction. This Amendment shall not be interpreted or construed with any presumption against the party causing this Amendment to be drafted.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each Originator shall be jointly and severally liable for, and shall reimburse Buyer on demand for, all costs and out-of- pocket expenses in connection with the preparation, negotiation, arrangement, execution, delivery, enforcement and administration of this Agreement, the transactions contemplated hereby and the other documents to be delivered hereunder. Each Originator shall reimburse Buyer on demand for any and all costs and expenses of Buyer, if any, including reasonable counsel fees and expenses, in connection with the enforcement of this Agreement and the other documents delivered hereunder and in connection with any restructuring or workout of this Agreement or such documents, or the administration of this Agreement following a Purchase Termination Event.

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 case excerpt and choose the best holding from the options. Case excerpt: In fact, the district court warned counsel prior to submission of the form to the jury that they had agreed upon a confusing special verdict form. This confusion does not require vacating the jury’s award of damages, however, because the jury’s intent was clear. See Atlantic & Gulf Stevedores, Inc. v. Ellerman Lines, Ltd., 369 U.S. 355, 364, 82 S.Ct. 780, 786, 7 L.Ed.2d 798 (1962) (“Where there is a view of the ease that makes the jury’s answers to special interrogatories consistent, they must be resolved that way. For a search for one possible view of the case which will make the jury’s finding inconsistent results in a collision with the Seventh Amendment.”); see also Congregation of the Passion v. Touche Ross & Co., 159 Ill.2d 137, 201 Ill.Dec. 71, 86-87, 636 N.E.2d 503, 518-19 (<HOLDING>), cert. denied, — U.S. -, 115 S.Ct. 358, 130 Options: A. holding that a motion denying summary judgment will not be reviewed on appeal from a jury verdict where sufficient evidence supports the jurys verdict B. holding damages verdict need not be vacated because of inconsistency in awards between counts when jurys intent was clear and remittitur cured excessiveness C. holding that a party waived its objection to the jurys verdict by not objecting to an alleged inconsistency prior to the dismissal of the jury D. holding that when a trial court determines that the amount of damages awarded by a jury is excessive the court may either suggest remittitur or grant a new trial on the issue of damages E. holding that a jurys award of compensatory damages will be set aside on the grounds of excessiveness only if the verdict is against the clear weight of the evidence or will result in a miscarriage of justice

assistant: The best answer is B. holding damages verdict need not be vacated because of inconsistency in awards between counts when jurys intent was clear and remittitur cured excessiveness
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: Accordingly, since the information alleges the commission of an act that is not a crime, Jordan’s conviction and sentence must be reversed. The State argues, finally, that assuming that Jordan was charged with a nonexistent crime, it has the option of either filing an information that charges a valid offense or withdrawing from the plea agreement entirely and proceeding to trial on all counts in both cases. We agree. In Akins v. State, 691 So.2d 587 (Fla. 1st DCA 1997), the court reversed the defendant’s conviction for attempted felony murder because it was not a crime. The court specifically advised that on remand, the state could file a new indictment or information which charges a valid offense or it could withdraw from the entire plea agreement. See also Harkness, 771 So.2d at 589 (<HOLDING>) (citation omitted). We reverse Jordan’s Options: A. holding that reversal of a conviction of a nonexistent crime pursuant to a plea entered by the defendant was warranted B. holding that the united states breach of the plea agreement releases the defendant from the appeal waiver C. holding that mutual mistake as to essential element of plea agreement can invalidate entire agreement D. holding that objecting to guidelines calculations as specifically reserved in the plea agreement is not a breach of the plea agreement even if the objection is overruled and thus government is not released from obligation under the agreement to move for acceptance of responsibility E. holding that where judgment and sentence for nonexistent crime had to be vacated upon remand the state shall have the option of withdrawing from the entire plea agreement since the plea agreement was based on a material mistake of law which works to the benefit of the defendant

assistant: The best answer is E. holding that where judgment and sentence for nonexistent crime had to be vacated upon remand the state shall have the option of withdrawing from the entire plea agreement since the plea agreement was based on a material mistake of law which works to the benefit of the defendant
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: of serious physical harm,” Gamer, 471 U.S. at 11, 105 S.Ct. at 1701, to Ponseti, or to others if the suspects were allowed to flee. Because Pon-seti could have reasonably believed that the suspects posed an imminent, deadly threat, we conclude that he was justified in using deadly force. Conclusion We therefore conclude that the magistrate judge erred in denying Ponseti’s motion for judgment as a matter of law. Accordingly, the judgment below is REVERSED. 1 . The woman was struck once in the right side of her abdomen. 2 . Under the current Federal Rule of Civil Procedure 50, the terms "directed verdict” and "judgment notwithstanding the verdict” have been replaced by the single term “judgment as a matter of law.” 3 . But see Harper v. Harris County, 21 F.3d 597, 600 (5th Cir.1994) (<HOLDING>). 4 . Smith also observes: “Furthermore, the Options: A. holding that section 1983 actions based on violation of the fourth amendment may not rest on violation of state law B. holding that a violation of the wellestablished rule of brignoniponce constituted an egregious violation of the fourth amendment C. holding that the fourth amendment proscription against unreasonable searches and seizures was applicable to the states under the fourteenth amendment so that evidence seized in violation of the constitution could no longer be used in state courts D. holding that the notice requirement found in rule 41d is not required by the fourth amendment E. holding that the significant injury requirement of johnson v morel 876 f2d 477 5th cir1989 a case involving a fourth amendment violation is no longer valid in the wake of hudson v mcmillianus 112 sct 995 117 led2d 156 1992 in which the supreme court held that a showing of a significant injury was not required to prove an eighth amendment violation

assistant: The best answer is E. holding that the significant injury requirement of johnson v morel 876 f2d 477 5th cir1989 a case involving a fourth amendment violation is no longer valid in the wake of hudson v mcmillianus 112 sct 995 117 led2d 156 1992 in which the supreme court held that a showing of a significant injury was not required to prove an eighth amendment violation
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: say that the trial court abused its discretion in making the attorney’s fees and costs awards it did. First, in the modification order, not subject to this appeal but made part of our record, the parties are ordered to bear their own attorney’s fees and costs. Second, Albert’s counsel was awarded only a fraction of the attorney’s fees and costs for which he provided competent evidentiary support. See Arthur Andersen & Co. v. Perry Equip. Corp, 945 S.W.2d 812, 818 (Tex.1997) (setting forth non-exclusive list of factors courts should consider when determining reasonableness of attorney’s fees); AM, 2005 WL 3005636, at *4. Finally, Patrice’s counsel provided no evidence that his fees and costs were reasonable. See Arthur Andersen & Co., 945 S.W.2d at 818; cf. A.L.S., 338 S.W.3d at 69-70 (<HOLDING>). Accordingly, we overrule Patrice’s fourth and Options: A. holding trial court had no authority to award attorneys fees when arbitrator had stated he would not award attorneys fees B. holding trial court did not abuse its discretion in failing to award attorneys fees after finding respondent failed to make child support payments because movant presented no evidence of any reasonable fees incurred C. holding merely that the evidence was sufficient to support the award of attorneys fees D. holding trial court erred in awarding attorneys fees to physicians in absence of any evidence of attorneys fees E. holding that it was not an abuse of discretion for the court to deny an award of attorneys fees to the wife

assistant: The best answer is B. holding trial court did not abuse its discretion in failing to award attorneys fees after finding respondent failed to make child support payments because movant presented no evidence of any reasonable fees incurred
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: punishment; (4) he has been “excessively fined for charges [he] plead not guilty to[ ]”; (5) doctors have “deliberately misdiagnosed” him; (6) he has been “sexually abused”; and (7) he “was a sexual abuse victim ... at the prison in April of 2010.” Id. at 1-2. As a threshold matter, the district court did not specify whether its dismissal was with or without prejudice. We presume the dismissal was with prejudice since a dismissal for failure to state a claim and a dismissal for failure to prosecute are decisions on the merits. Osborn v. Shillinger, 861 F.2d 612, 617 (10th Cir.1988); Fed.R.Civ.P. 41(b). As such, the district court should have considered the Ehrenhaus factors with respect to its Rule 41(b) dismissal. See Procter & Gamble Co. v. Haugen, 427 F.3d 727, 738 (10th Cir.2005) (<HOLDING>). The district court in this case, however, Options: A. holding district courts dismissal of an action with prejudice without addressing ehrenhaus factors on the record amounts to an abuse of discretion internal quotation marks omitted B. holding that an order dismissing a complaint without prejudice is a final appealable order only if no amendment to the complaint could cure the defects in the case internal quotation marks omitted C. recognizing district courts broad discretion to impose prison term up to the statutory maximum for violations of supervised release internal quotation marks omitted D. recognizing that we review a trial courts jury instruc tions for abuse of discretion and that a district court abuses its discretion when it makes an error of law internal quotation marks omitted E. recognizing that a district courts dismissal of an independent action under rule 60b is reviewed for abuse of discretion

assistant: The best answer is A. holding district courts dismissal of an action with prejudice without addressing ehrenhaus factors on the record amounts to an abuse of discretion internal quotation marks omitted
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: However, unless at least one of the exceptions set for in Section 4 below has occurred, the receiving party will continue to treat such confidential Information as the confidential information of the disclosing party and only disclose any such Confidential Information to third parties under the terms of a non-disclosure agreement. Either party may terminate this Agreement at any time without cause upon written notice to the other party: provided that each party's obligations with respect to Confidential Information disclosed during the term of this Agreement will survive any such termination.

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: The Borrower has (when taken together with its periodic filings with the SEC and the information contained in the Information Memorandum) disclosed to the Lenders all agreements, instruments and corporate or other restrictions to which it or any of its Subsidiaries is subject, and all other matters known to it, that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse Effect. Neither the Information Memorandum (as of the Effective Date) nor any of the other reports, financial statements, certificates or other information (other than information of a general economic or industry nature) furnished by or on behalf of the Borrower or any Subsidiary to the Administrative Agent or any Lender in connection with the negotiation of this Agreement or delivered hereunder (as modified or supplemented by other information so furnished) contains any material misstatement of fact or omits to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading; provided that, with respect to projected financial information, the Borrower represents only that such information was prepared in good faith based upon assumptions believed to be reasonable at the time.

assistant: Disclosures