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: substantively alter 12(e). See Fed. R.Crim.P. 12 advisory committee's notes, 2014 amendments (“New paragraph 12(c)(3) retains the existing standard for untimely claims. The party seeking relief must show 'good cause’ for failure to raise a claim by the deadline, a flexible standard that requires consideration of all interests in the particular case.”). 3 . Although the Government affirmatively.asserted waiver both in its response brief and during oral argument, McCoy declined to explain his failure to raise a mistake-of-law argument below. 4 . Moreover, McCoy’s mistake-of-law argument necessarily fails to the extent it relies upon circuit precedent that is at odds with the Supreme Court's recent decision in Heien v. North Carolina, — U.S. -, 135 S.Ct. 530, 536, 190 L.Ed.2d 475 (2014) (<HOLDING>). 5 .The district court made a few very minor Options: A. holding that a traffic stop is valid under the fourth amendment if the stop is based on an observed traffic violation or if the police officer has reasonable articulable suspicion that a traffic or equipment violation has occurred or is occurring B. holding that an officers reasonable mistake of law can give rise to the reasonable suspicion necessary to justify a traffic stop under the fourth amendment C. holding that a tip may provide the reasonable suspicion necessary to justify an investigatory stop D. holding that an officer has reasonable suspicion to conduct traffic stop even when his suspicion that a law has been violated is based on a reasonable mistake of law E. holding that a traffic stop is reasonable under the fourth amendment when police have probable cause to believe a traffic infraction has occurred

assistant: The best answer is B. holding that an officers reasonable mistake of law can give rise to the reasonable suspicion necessary to justify a traffic stop under the fourth amendment
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 hereby agree to indemnify Executive and hold Executive harmless, to the maximum extent permitted by law, against and in respect of any and all actions, suits, proceedings, claims, demands, judgments, costs, expenses (including reasonable attorney’s fees), losses, and damages (collectively, “ Claims and Expenses ”) resulting from Executive’s good faith performance of Executive’s duties and obligations as an officer or director of the Company, any Subsidiary or as a fiduciary of any benefit plan of any of the foregoing or in any other role any of them request Executive to serve; provided, that Executive shall not be entitled to indemnification hereunder against Claims and Expenses that are finally determined by a court of competent jurisdiction to have resulted from Executive’s fraud or willful misconduct. The Company shall cover Executive under directors’ and officers’ liability insurance both during and, while potential liability exists, after the term of this Agreement in the same amount and to the same extent as the Company covers its other officers and directors. The obligations under this Section 25 shall survive the termination of Executive’s employment with the Company.

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 case excerpt and choose the best holding from the options. Case excerpt: if necessary.” Mosley v. Cozby, 813 F.2d 659, 660 (5th Cir. 1987). We lack jurisdiction to review either of the district court’s orders because they are not final judgments for purposes of 28 U.S.C. § 1291; they are not among the type of orders listed in § 1292(a); they were not certified by the district court under Federal Rule of Civil Procedure 54(b) or 28 U.S.C. § 1292(b) to be final appealable orders; and they do not fall within a jurisprudential exception, such as the collateral-order doctrine, that would render them final, appealable orders. See Dardar v. Lafourche Realty Co., 849 F.2d 955, 957-59 (5th Cir. 1988); Save the Bay, Inc. v. United States Army, 639 F.2d 1100, 1102-03 & n.3 (5th Cir. 1981); see also In re Macon Uplands Venture, 624 F.2d 26, 27-28 (5th Cir. 1980) (<HOLDING>); Melancon v. Texaco, Inc., 659 F.2d 551, Options: A. holding that an order of consolidation is interlocutory and not immediately appealable B. holding that the denial of a motion to remand is interlocutory and not immediately appealable C. holding an order allowing a motion under rule 60b is not immediately appealable because it is interlocutory and does not affect a substantial right D. holding an order denying a motion for summary judgment is interlocutory and not appealable E. holding that a rehearing order is interlocutory and not appealable

assistant: The best answer is A. holding that an order of consolidation is interlocutory and not immediately appealable
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 of the Effective Date, after giving effect to the Transactions to be consummated on the Effective Date, the Borrower, together with its Subsidiaries on a consolidated basis, is Solvent.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: on the grounds for new trial alleged in the motion and ruled upon by the district court. Weyerhaeuser v. Thermogas, 620 N.W.2d 819, 823 (Iowa 2000). When the motion and the ruling are based on a claim that the district court erred on issues of law, our review stands or falls on the correctness of the court’s ruling on the legal question. Id. Here, the motion for new trial and the issues raised on appeal involve challenges to the correctness of the district court’s ruling on legal questions. We review jury instructions for correction of errors at law. Iowa Comprehensive Petroleum Underground Storage Tank Fund Bd. v. Shell Oil Co., 606 N.W.2d 370, 373 (Iowa 2000). Error in giving a jury instruction does not merit reversal unless the complaining party ha , 38, 31 N.E.2d 450, 452 (1940) (<HOLDING>); McCormick v. Allegheny County, 263 Pa. 146, Options: A. holding that sidewalk is simply a part of the street set apart for pedestrians B. holding that in common parlance a sidewalk is the part of the street assigned to the use of pedestrians C. holding that sidewalk is that portion of the street usually devoted to pedestrian travel but is nevertheless a part of the street D. holding that sidewalk is that part of a street that has been set aside for use by pedestrians E. holding sidewalk is a part of the street that town authorities have set aside for pedestrian use

assistant: The best answer is C. holding that sidewalk is that portion of the street usually devoted to pedestrian travel but is nevertheless a part of the street
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: construe the channels of public disclosure specified in § 3730(e)(4)(A). See Schindler Elevator Corp. v. United States ex rel. Kirk, — U.S.-,-, 131 S.Ct. 1885, 1891, 179 L.Ed.2d 825 (2011) (noting that the “sources of public disclosure in § 3730(e)(4)(A), especially ‘news media,’ suggest that the public disclosure bar provides ‘a broa[d] sweep’ ”). Courts in our Circuit, for example, have construed the term “news media” to include readily accessible websites. See United States ex rel Green v. Serv. Contract Educ. & Training Trust Fund, 843 F.Supp.2d 20, 32 (D.D.C.2012). Courts have also broadly construed the term “administrative reports” to include publiely-searchable databases. See United States ex rel. Rosner v. WB/Stellar IP Owner, L.L.C., 739 F.Supp.2d 396, 407 (S.D.N.Y.2010) (<HOLDING>). Here, the defendants argue that the Options: A. recognizing that public utilities affect the public interest in that they render essential public services to a large number of the general public B. holding that a childabuse report is not a public record and therefore is not subject to public inspection C. holding that draft pleadings are not subject to public records disclosure D. holding that the disclosure is a public disclosure within the meaning of the fca if the the prior public disclosure contained enough information to enable the government to pursue an investigation against the defendant E. holding that a public database on a city agencys website was an administrative report subject to public disclosure bar

assistant: The best answer is E. holding that a public database on a city agencys website was an administrative report subject to public disclosure bar
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 satisfaction or waiver of the conditions set forth in Article VIII , the consummation of the transactions contemplated by this Agreement (the “ Closing ”) shall take place at the offices of the Parent, on the third (3 rd ) Business Day after all the closing conditions to this Agreement have been satisfied or waived at 10:00 a.m. local time, or at such other date, time or place as the Purchaser and the Company may agree (the date and time at which the Closing is actually held being the “ Closing Date ”).

assistant: Closings
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: then it would only be through the award of back pay that Dr. Tse could be fully cohipensated for NYU’s discrimination. Assuming Plaintiff would be entitled to damages for lost wages, the next question is whether the collateral source rule applies to her receipt of SSDI and LTD benefits — that is, whether and if so, how much, the Court can or must offset awards of back pay when the Plaintiff has also received disability benefits from outside sources. The Court is unaware of any Second Circuit precedent precisely on point, and the Parties have raised none. However, the Second Circuit has clear that the decision to offset a lost wages award in an employment discrimination case “rests .in the sound discretion of district court.,” Dailey v. Societe Generate, 108 F,3d 451, 460 (2d Cir.1997) (<HOLDING>); Ramey v. Dist. 141, Int’l Ass’n of Machinists Options: A. holding that district court had discretion to decline to deduct unemployment insurance benefits from damages award B. holding that unemployment compensation benefits received by plaintiff are collateral source and that defendant could not reduce personal injury damages because of such benefits C. holding that unemployment compensation should not be deducted from a back pay award under the national labor relations act because failing to deduct unemployment payments does not make the employee more than whole D. holding that district court had discretion to decline to offset severance and unemployment payments from damages award E. holding 1001 prosecution for false statements in unemployment benefits not precluded by unemployment benefits statute specifically addressing topic

assistant: The best answer is A. holding that district court had discretion to decline to deduct unemployment insurance benefits from damages award
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 Guarantors shall reimburse the Guaranteed Parties on demand for all reasonable costs, expenses and charges (including without limitation reasonable fees and charges of external legal counsel and reasonable costs allocated by internal legal counsel) incurred by such Guaranteed Parties in connection with the enforcement of this Guaranty. The obligations of each Guarantor under this Section shall survive the termination of this Guaranty.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The provisions of this Agreement and the other writings referred to herein or delivered pursuant hereto which form a part hereof contain the entire agreement among the parties hereto with respect to the subject matter hereof and supersede all prior oral and written agreements and memoranda and undertakings among the parties hereto with regard to such subject matter. Except as expressly provided herein with respect to HLAI, this Agreement does not create any rights, claims or benefits inuring to any person that is not a party hereto nor create or establish any third party beneficiary hereto.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Borrower and each Subsidiary has filed or caused to be filed on a timely basis (taking into account all extensions granted by the applicable Governmental Authority) all United States federal and applicable foreign, state and local Tax returns and reports and all other Tax returns and reports which are required to be filed and have paid or caused to be paid all Taxes required to have been paid by it, except (a) such Taxes, if any, as are being contested in good faith by appropriate proceedings as to which adequate reserves have been provided in accordance with GAAP or (b) to the extent the failure to do so would not reasonably be expected to have a Material Adverse Effect.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The provisions of Article 7 (Representations and Warranties), Article 9 (“Confidentiality and Intellectual Property”), Article 10 (Indemnification”), and Article 11 (“General”) of this Agreement shall survive the termination of this Agreement for any reason.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Any notice or other communication required or permitted hereunder shall, if to the Company, be in accordance with the Program and, if to Grantee, be in writing and delivered in person or via email or by registered mail or certified mail or overnight courier, addressed to Grantee at Grantee's last known email address or physical address, as applicable, as set forth in the Company’s records.

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: The registration rights provided for in this Article II shall terminate upon the earlier of the sale, transfer, or forfeiture, as applicable, of all Registrable Securities, except for the provisions of Section 2.4 , which shall survive any such termination.

assistant: Terminations
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: Included in EXHIBIT E is a true and complete list and summary description of all patents, trademarks, service marks, trade names, copyrights and rights or licenses to use the same, and any and all applications therefor, presently owned or held by the Company. The Company has not received any formal or informal notice of infringement or other complaint that the Company’s operations traverse or infringe rights of others, nor does the Company have any reason to believe that there has been any such infringement. Except with respect to the IP Cross License, no Seller, associate of any Seller nor any other employee of the Company owns nor holds, directly or indirectly, any interests in any patents, trademarks, service marks, trade names, trade secrets, copyrights, licenses, inventions, any and all applications therefor, or any other proprietary rights used or currently contemplated to be used by the Company.

assistant: Intellectual Property
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 dispute, disagreement or question which arises under, or as a result of, or in any way relates to the interpretation, construction or application of the terms of the Award, this Agreement, the Plan, or the Plan Prospectus will be determined and resolved by the Committee or its authorized delegate. Such determination or resolution by the Committee or its authorized delegate will be final, binding and conclusive for all purposes.

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: ended up in, than it was with someone firing from where Robert Foley was standing. Had the bullet been fired from where Robert Foley was standing, one would expect to see a shallow groove running along the wall towards the hole where the bullet gradually entered, due to the oblique angle. There was no evidence that this was the case and, consequently, the hole is consistent with someone firing from approximately where Robert Foley alleged Lynn Vaughn was standing, towards where Robert Foley alleged Rodney Vaughn was located. “Newly discovered evidence is evidence that could not have been obtained at the time of trial through the exercise of reasonable diligence.” Commonwealth v. Harris, 250 S.W.3d 637, 642 (Ky.2008). See also Sanders v. Commonwealth, 339 S.W.3d 427, 437 (Ky.2011) (<HOLDING>). Certainly, testimony in the form of an 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. recognizing an exception to the twoyear time bar imposed on rule 3850 claims when the claim asserted is based on facts that were unknown to the movant and could not have been discovered through the exercise of due diligence C. holding that cr 6002 allows appeals based upon claims of error that were unknown and could not have been known to the moving party by exercise of reasonable diligence and in time to have been otherwise presented to the court D. holding substance of claim must have been presented to state court E. holding that evidence which by due diligence could have been produced in the first proceeding is considered to have been available at the first proceeding and therefore will not preclude the application of collateral estoppel

assistant: The best answer is C. holding that cr 6002 allows appeals based upon claims of error that were unknown and could not have been known to the moving party by exercise of reasonable diligence and in time to have been otherwise presented to the court
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: viber does not endorse any of the merchandise , nor has viber taken any steps to confirm the accuracy or reliability of any of the information contained on such third-party sites .

assistant: None
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Borrower will not earn, nor will the Borrower (or the Collateral Manager on behalf of the Borrower) enter into a Commitment to acquire a Portfolio Asset on terms that enable the Borrower to earn, any fee, commission or other compensation for services, however denominated, associated with the negotiation, structuring, marketing, underwriting, or placement of a Portfolio Asset. A fee for services does not include any discount or fee attributable to the use of or time value of money, for standing ready to advance funds or, subject to compliance with Section 4, for agreeing to changes in the terms of a Portfolio Asset after its legal closing (such as customary commitment fees, amendment fees, waiver fees and prepayment fees) .

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: any representation by uber ( on uber 's website , in the application , or in uber 's marketing materials ) to the effect that tipping is `` voluntary , '' `` not required , '' and/or `` included '' in the payments you make for services or goods provided is not intended to suggest that uber provides any additional amounts , beyond those described above , to the third party provider .

assistant: None
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: section 859.01, Florida Statutes (2004), and battery in violation of section 784.03, Florida Statutes (2004). The court sentenced her to fifteen years in prison followed by five years’ probation. This court affirmed the judgment and sentence and the mandate issued on May 18, 2006. Stewart v. State, 928 So.2d 1231 (Fla. 2d DCA 2006) (table). Stewart filed a motion to modify sentence pursuant to rule 3.800(c) on April 1, 2011, and an amended motion to modify sentence on May 16, 2011. After a hearing, the court granted the motion and reduced her sentence to ten years’ incarcerat x years after the case became final. Because the motion was untimely filed, the postconviction court did not have jurisdiction to modify the sentence. See Devlin v. State, 892 So.2d 1069, 1069 (Fla. 2d DCA 2004) (<HOLDING>); Howard v. State, 914 So.2d 455, 456 (Fla. 4th Options: A. holding that the trial court had no jurisdiction to modify its final order more than 30 days after its final judgment B. holding that the trial court lacked subject matter jurisdiction to modify the sentence originally imposed by imposing an additional term of fifteen years suspended sentence C. holding that nothing in the law allows the trial court to modify a legal sentence ten years after its entry based on conflicting documents in the court file D. holding that trial court may modify sentence on the same day as the assessment of the initial sentence and before the court adjourns for the day E. holding that the trial court was without authority to modify a spousal support obligation when the modification proceeding was initiated ten years after the obligation to pay spousal support under the dissolution judgment had been terminated by order

assistant: The best answer is C. holding that nothing in the law allows the trial court to modify a legal sentence ten years after its entry based on conflicting documents in the court file
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: him from practicing his religion in other ways. See docket entries # 77 and # 78 (emphasis added). Under Gladson and Murphy, Plaintiff is not required to make such an allegation in order to state a valid free exercise claim. See Gladson, 551 F.3d at 831-32; Murphy, 372 F.3d at 988. Instead, as previously explained, he is only required to allege that Defendants prevented him from practicing a central tenet of his faith, which in this case, appears to be regularly reading his Bible. Furthermore, the Eighth Circuit has held, in several cases, that prisoners state viable free exercise claims when they allege that prison officials have limited their access to religious reading materials. See Roddy v. Banks, Case No. OS-3735, 2005 WL 433404 (8th Cir. Feb. 25, 2005) (unpublished opinion) (<HOLDING>); Williams v. Brimeyer, 116 F.3d 351, 354-55 Options: A. holding a muslim prisoners free exercise claim failed because even though the prison did not provide him with halal meat he could comply with his religious requirements by simply eating a vegetarian meal and therefore the disputed policy did not force the prisoner to violate his religion B. holding that a prisoner stated a valid equal protection claim when he alleged he was denied a work assignment because of his sexual orientation C. recognizing a religious institutions right to free exercise of religion D. holding that a prisoner stated a valid free exercise of religion claim where he alleged that prison officials refused to allow him to receive certain religious books E. holding that religious exercise is any exercise of religion whether or not compelled by or central to a system of religious belief and that the use building or conversion of real property for the purpose of religious exercise shall be considered religious exercise

assistant: The best answer is D. holding that a prisoner stated a valid free exercise of religion claim where he alleged that prison officials refused to allow him to receive certain religious books
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 by the Company of the Transaction Documents to which it is a party, the issuance and sale of the Shares and the consummation by it of the transactions contemplated hereby and thereby do not and will not (i) conflict with or violate any provision of the Company’s or any Subsidiary’s certificate or articles of incorporation, bylaws or other organizational or charter documents, (ii) conflict with, or constitute a default (or an event that with notice or lapse of time or both would become a default) under any agreement, credit facility, debt or other instrument (evidencing a Company or Subsidiary debt or otherwise) or other understanding to which the Company or any Subsidiary is a party or by which any property or asset of the Company or any Subsidiary is bound or affected, or (iii) conflict with or result in a violation of any law, rule, regulation, order, judgment, injunction, decree or other restriction of any court or governmental authority to which the Company or a Subsidiary is subject (including federal and state securities laws and regulations), or by which any property or asset of the Company or a Subsidiary is bound or affected; except such as could not have or reasonably be expected to result in a Material Adverse Effect.

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: Any security agreement, Mezzanine Pledge Agreement or equivalent document related to and delivered in connection with the Purchased Asset establishes and creates a valid and enforceable lien on property described therein, except as such enforcement may be limited by Standard Qualifications.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Upon satisfaction of the conditions set forth in Section 3 .1 above, this Amendment shall constitute a legal, valid and binding agreement of such Loan Party, enforceable against it in accordance with its terms, except as such enforceability may be limited by Debtor Relief Laws and by general principles of equity and principles of good faith and fair dealing.

assistant: Binding Effects
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 that certain Confidential Information and Invention Assignment Agreement, dated August 17, 2009, entered into with the Company, and that certain Confidentiality and Non-Disclosure Agreement, dated August 17, 2009, entered into with the Company, constitutes a single, integrated written contract expressing the entire Agreement of the parties concerning the subject matter referred to in this Agreement. No covenants, agreements, representations, or warranties of any kind whatsoever, whether express or implied in law or fact, have been made by any party to this Agreement, except as specifically set forth in this Agreement. All prior and contemporaneous discussions, negotiations, and agreements have been and are merged and integrated into, and are superseded by, this Agreement.

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 legal provision and list the applicable contract clause categories. Provision: The Depositor shall pay organizational expenses of the Issuer as they may arise or shall, upon the request of the Owner Trustee, promptly reimburse the Owner Trustee for any such expenses paid by the Owner Trustee.

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: any statutory or constitutional contention that the agency does not, or cannot, decide, see Thunder Basin Coal, 510 U. S., at 215, and n. 20; Haitian Refugee Center, supra, at 494; Ringer, 466 U. S., at 617; Salfi, supra, at 762, including, where necessary, the authority to develop an evidentiary record. Proceeding through the agency in this way provides the agency the opportunity to reconsider its policies, interpretations, and regulations in light of those challenges. Nor need it waste time, for the agency can waive many of the procedural steps set forth in § 405(g), see Salfi, supra, at 767, and a court can deem them waived in certain circumstances, see Eldridge, 424 U. S., at 330-331, even though the agency technically holds no “hearing” on the claim. See Salfi, supra, at 763-767 (<HOLDING>); Eldridge, supra, at 331-332, and n. 11 Options: A. holding that the findings of reviewing physicians constituted substantial evidence in support of the secretarys decision to deny benefits B. holding that secretarys decision not to challenge the sufficiency of the appellees exhaustion was in effect a determination that the agency had rendered a final decision within the meaning of 405g C. holding that if a person wishes to challenge a mere procedural violation in the adoption of a regulation or other agency action the challenge must be brought within six years of the decision and that similarly if the person wishes to bring a policybased facial challenge to the governments decision that too must be brought within six years of the decision D. holding that a court of veterans appeals decision interpreting 38 usc 8713 overruling the secretarys prior interpretation and remanding back to the board was a final and appealable decision E. holding an agency decision is not final during the time the agency considers a petition for review

assistant: The best answer is B. holding that secretarys decision not to challenge the sufficiency of the appellees exhaustion was in effect a determination that the agency had rendered a final decision within the meaning of 405g
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: must be granted for the same reasons. First, - if plaintiffs proposed amendment were allowed, the Amended Complaint would nonetheless be subject to dismissal as unexhausted. It is well established that “[n]o action shall be brought with respect to prison conditions under [42 U.S.C. § 1983], or any other Federal law, by a prisoner confined in any jail, prison, or other correctional facility until such administrative remedies as are available are exhausted.” 42 U.S.C. § 1997e(a); see Woodford v. Ngo, 548 U.S. 81, 126 S.Ct. 2378, 165 L.Ed.2d 368 (2006) (requiring complete exhaustion of correctional facility administrative remedies). The exhaustion requirement for prison condition claims is mandatory. See Booth v. Churner, 532 U.S. 731, 741 n.6, 121 S.Ct. 1819, 149 L.Ed.2d 958 (2001) (<HOLDING>). In interpreting the exhaustion requirement of Options: A. holding that dismissal under 42 usc 1997ea was required even though case had gone to trial as inmate had failed to exhaust administrative remedies B. holding that inmate plaintiff satisfied 1997ea where he attempted to exhaust all available administrative remedies but was prevented from doing so by prison personnel C. holding exhaustion is required regardless of the relief offered through administrative procedures D. holding that 42 usc 1997ea requires prisoners to exhaust a process and not a remedy E. holding that congress has provided in 1997ea that an inmate must exhaust irrespective of the forms of relief sought and offered through administrative avenues

assistant: The best answer is E. holding that congress has provided in 1997ea that an inmate must exhaust irrespective of the forms of relief sought and offered through administrative avenues
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The terms and conditions herein contained constitute the entire agreement between the Parties with respect to the subject matter of this Sub-Reseller Agreement and supersede any previous and contemporaneous agreements and understandings, whether oral or written, between the Parties hereto with respect to the subject matter hereof.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The provisions of this Agreement shall be binding upon and inure to the benefit of the Investors and their respective successors and assigns. An Investor may transfer or assign, in whole or from time to time in part, to one or more persons its rights hereunder in connection with the transfer of Registrable Securities by such Investor to such person, provided that such Investor complies with all laws applicable thereto, and the provisions of the Purchase Agreement, and provides written notice of assignment to the Company promptly after such assignment is effected, and such person agrees in writing to be bound by all of the provisions contained herein.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: prior communications, negotiations, or course of dealing between Zabel and M/I Title. Nevertheless, Compass asserts that Zabel availed itself of the benefit of Texas’ laws because it indorsed the Check, thereby warranting its validity, and sent it into the banking channels to be paid out of the account of a Texas resident. It is not disputed that the injurious effect of Zabel’s actions was felt by a Texas resident in Texas. The face of the Check indicated that it would be drawn on an account belonging to a Texas business. However, “[m]ere knowledge that the ‘brunt’ of the alleged harm would be felt— or have effects—in the forum state is insufficient to confer specific jurisdiction.” Searcy, 496 S.W.3d at 68-69; see also Myers v. Emery, 697 S.W.2d 26, 32 (Tex. App.—Dallas 1985, no writ) (<HOLDING>). To support its assertion that Zabel Options: A. holding that jurisdiction existed over nonresident printing customer despite the fact that texas printer solicited the business in alabama and nonresident sent no personnel to texas because nonresident placed additional orders from which it expected to profit sent payments to texas sent and received printing materials to and from texas paid for shipping of printed goods from texas and sent payments to texas the transactions were governed by texas law and substantial part of performance occurred in texas B. holding no jurisdiction over nonresident customer where contract was solicited negotiated and consummated in oklahoma for billboards to be built in texas and erected in oklahoma payments were made to texas and defendant would not earn a profit from texas and had no other contact with texas C. holding that oklahoma law firms receipt and deposit of texas clients payments drawn on a texas bank were fortuitous and thus insufficient to establish personal jurisdiction against firm in texas state court D. holding there was no general jurisdiction even though defendant sent its chief executive officer to texas for a contract negotiation session accepted into its bank account checks drawn on a bank in texas purchased 4 million of goods and equipment from a company in texas and sent employees to texas for training and technical consultation E. holding that where the entity was incorporated in texas and the shareholders reside in texas and the bankruptcy case is pending in texas texas law not arizona law should be applied

assistant: The best answer is C. holding that oklahoma law firms receipt and deposit of texas clients payments drawn on a texas bank were fortuitous and thus insufficient to establish personal jurisdiction against firm in texas state court
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 Lender may at any time, without the consent of, or notice to, Borrower or Administrative Agent, sell participations to any Person (other than a natural Person, or a holding company, investment vehicle or trust for, or owned and operated for, the primary benefit of an individual natural Person or group of related individual natural Persons, a Defaulting Lender or Borrower or any of Borrower’s Affiliates or Subsidiaries) (each, a “ Participant ”) in all or a portion of such Lender’s rights and/or obligations under this Agreement (including all or a portion of its Commitment and/or the Loans (including such Lender’s participations in L/C Obligations and/or Swing Line Loans) owing to it); provided that (i) such Lender’s obligations under this Agreement shall remain unchanged, (ii) such Lender shall remain solely responsible to the other parties hereto for the performance of such obligations and (iii) Borrower, Administrative Agent, the Lenders and the L/C Issuers shall continue to deal solely and directly with such Lender in connection with such Lender’s rights and obligations under this Agreement. For the avoidance of doubt, each Lender shall be responsible for the indemnity under Section 10.04(c) without regard to the existence of any participation.

assistant: Participations
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: ("A comparative analysis of jurors struck and those remaining is a well-established tool for exploring the possibility that facially race-neutral reasons are a pretext for discrimination.”). The record reveals, however, that Jurors 016 and 006 had very different backgrounds and thus did not possess "comparable characteristics” for purposes of the cross-racial analysis discussed in Turner. Juror 006, like Juror 016 was single, but, in contrast to Juror 016, Juror 006 had never been employed and, significantly, had an uncle who was a recovered alcoholic. This evidence is inconsistent with the prosecutor’s assertion that there was a white juror with comparable characteristics who was dismissed for being single with no children. Compare Burks v. Borg, 27 F.3d 1424, 1429 (9th Cir.1994) (<HOLDING>) with Turner, 121 F.3d at 1251-52 (perceiving Options: A. holding that an appellate court cannot consider an issue that was not preserved for appellate review B. holding that counsel may treat minorily and nonminority jurors differently when there are subjective differences between them although that party cannot insulate an explanation from appellate review simply by couching it in vague and subjective terms C. holding that there is no due process right to appellate review D. holding that the exceptional and extremely unusual hardship determination is a subjective discretionary judgment that has been carved out of our appellate jurisdiction E. holding that mere fact that trial court may decide discretionary matter differently from appellate court does not demonstrate abuse of discretion

assistant: The best answer is B. holding that counsel may treat minorily and nonminority jurors differently when there are subjective differences between them although that party cannot insulate an explanation from appellate review simply by couching it in vague and subjective 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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: by using the services or agreeing to these terms , you consent to microsoft 's collection , use and disclosure of your content and data as described in the privacy statement .

assistant: Contract by using
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: operation, maintenance or use of a motor vehicle as a motor vehicle.’ ” Cruz v State Farm, Mut Auto Ins Co, 241 Mich App 159, 164; 614 NW2d 689 (2000), aff'd 466 Mich 588 (2002), quoting MCL 500.3105(1). 5 MCL 500.3104(17) provides: Not more than 60 days after the initial organizational meeting of the board [of directors of the MCCA], the board shall submit to the commissioner for approval a proposed plan of operation consistent with the objectives and provisions of this section, which shall provide for the economical, fair, and nondiscriminatory administration of the association and for the prompt and efficient provision of indemnity. 6 This Court has previously implicitly found that an insurer constitutes a “third party” under § 10.06. See Farmers Ins Exch, 251 Mich App at 458-459 (<HOLDING>). 7 We believe that our holding is not only Options: A. holding that 1006 applies to an insurers recoupment of money from another insurer B. holding that the employer was not the insurers agent C. holding insurers right to subrogation arises only upon the insurers showing that the sum of the insureds recovery from the insurer and from persons legally responsible for the injury exceeds the insureds loss D. holding that admonishment for breach of insurers obligation to insured is not applicable to equitable share dispute between insurers E. holding that the language of 9133 applies only to insurers and not to the insurers employees

assistant: The best answer is A. holding that 1006 applies to an insurers recoupment of money from another insurer
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: shall give the same effect to the conduct reported, pursuant to Article III of this compact [Reports of Conviction], as it would if such conduct had occurred in the home state in the case of convictions for: (2) driving a motor vehicle while under the influence of intoxicating liquor or a narcotic drug or under the influence of any other drug to a degree which renders the driver incapable of safely driving a motor vehicle. Id., § 1581 Article IV(a)(2). The sentencing court clearly was justified in counting appellant’s January 27, 1993 New York conviction as her first, for the purpose of determining how many times she had ignored the safety of herself and others and drove while intoxicated. See also Harrington v. Com., Dept. of Transp., 563 Pa. 565, 569, 763 A.2d 386, 388 (2000) (<HOLDING>); Commonwealth v. Whisnant, 390 Pa.Super. 192, Options: A. holding a substantially similar probation condition overbroad B. holding the drivers license compact requires that the same effect be given to a conviction reported by a party state as the conviction would have been given had the licensee engaged in substantially similar conduct and been convicted of a substantially similar offense in pennsylvania C. holding that where a witness had been convicted seventeen years earlier but had been given probation and had not been confined the date of the conviction controlled D. holding that where the court records in the present case and the records in a previous conviction reflected the same name and date of birth as well as a signature and the defendant did not object that he was not the same person as had been previously convicted the evidence was sufficient to support his conviction E. holding that a guilty plea to underage drinking could not be withdrawn based on fact defendant was unaware that his drivers license would be suspended because of his conviction as the license suspension was a civil consequence of the conviction

assistant: The best answer is B. holding the drivers license compact requires that the same effect be given to a conviction reported by a party state as the conviction would have been given had the licensee engaged in substantially similar conduct and been convicted of a substantially similar offense in pennsylvania
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The parties hereto agree to execute and deliver any such additional documents or instruments of assignment, transfer or conveyance, and to take any other action, as may be necessary or appropriate to effectuate the transactions described in this Agreement.

assistant: Further Assurances