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: submit that he would not have pled to § 924 had he known of the term. He bases his claim strictly on a procedural rule violation which he cannot do under § 2255. Even if the Court’s error is a proper subject of collateral relief, the error did not affect Mr. Cooke’s substantial rights. The Presentence Investigation Report noted the mandatory term of supervised release; in addition, the Court informed Mr. Cooke of the mandatory term at his sentencing hearing. Mr. Cooke failed to object to that information either in the report or at sentencing. Mr. Cooke’s own conduct, or lack thereof, proves that his substantial rights were not affected by the Court’s error. See United States v. Carey, 884 F.2d 547 (11th Cir.1989), cert. denied, 494 U.S. 1067, 110 S.Ct. 1786, 108 L.Ed.2d 787 (S.Ct.1990) (<HOLDING>). Since Mr. Cooke’s substantial rights were not Options: A. holding term of supervised release tolled while defendant was in state custody B. holding that a completed term of confinement did not render a challenge to the reasonableness of a sentence moot where defendant could receive a reduced term of supervised release C. holding the district courts revocation of defendants term of supervised release did not end the courts jurisdiction over defendants release D. holding that where trial court did not inform defendant of supervised release term during plea colloquy but did advise defendant of term in presentence report and at sentencing defendants sentence stands E. holding that term of supervised release was not automatically terminated when defendant was deported from united states and thus defendants subsequent commission of another offense illegal reentry after deportation prior to expiration of term of supervised release violated condition of supervised release that defendant commit no new offenses

assistant: The best answer is D. holding that where trial court did not inform defendant of supervised release term during plea colloquy but did advise defendant of term in presentence report and at sentencing defendants sentence stands
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 has been duly authorized by all necessary action on the part of Seller, has been duly executed and delivered by Seller, constitutes the valid and binding agreement of Seller and is enforceable in accordance with its terms. There is no other person or entity who has an ownership interest in the Property or whose consent is required in connection with Seller’s performance of its obligations hereunder. The person executing this Agreement on behalf of Seller has the authority to do so.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Guaranty Agreement embodies the final, entire agreement of each Guarantor, agent and the other Guaranteed Parties with respect to each Guarantor’s guaranty of the Guaranteed Indebtedness and supersedes any and all prior commitments, agreements, representations, and understandings, whether written or oral, relating to the subject matter hereof. This Guaranty Agreement is intended by each Guarantor, the Administrative Agent and the other Guaranteed Parties as a final and complete expression of the terms of the Guaranty Agreement, and no course of dealing among any Guarantor, the Administrative Agent and any other Guaranteed Parties, no course of performance, no trade practices, and no evidence of prior, contemporaneous or subsequent oral agreements or discussions or other extrinsic evidence of any nature shall be used to contradict, vary, supplement or modify any term of this Guaranty Agreement.

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: connection with and has been applied to the First Amendment right of access, not to the common law right of access. PNI's submission, surprisingly, does not contain any reference to the experience and logic test as formulated by the Supreme Court. PNI is requested to explain why it has not even mentioned this doctrine and to comment on it in a supplemental brief. 7 . See supra pages 625-26 (summarizing factors). 8 . Also relevant are Seattle Times Co. v. Rhinehart, 467 U.S. 20, 104 S.Ct. 2199, 81 L.Ed.2d 17, on remand, 98 Wash.2d 226, 654 P.2d 673 (1982), cert. denied, 467 U.S. 1230, 104 S.Ct. 2690, 81 L.Ed.2d 884 (1984) (concluding that the First Amendment does not require open access to discovery materials); Gannett v. De-Pasquale, 443 U.S. 368, 99 S.Ct. 2898, 61 L.Ed.2d 608 (1979) (<HOLDING>); Nixon v. Warner Communications, Inc., 435 Options: A. recognizing that we can consider trial evidence in reviewing the denial of a pretrial suppression motion B. holding objection need not occur at suppression hearing C. holding that the press and public can be constitutionally excluded from a pretrial suppression hearing D. holding that the erroneous failure to hold a pretrial competency hearing can be cured by a meaningful retrospective hearing E. holding that time excluded from a speedy trial clock for pretrial motion preparation is not automatically excluded under 3161h1 but may only be excluded when a court makes appropriate reasonableness findings under 3161h7

assistant: The best answer is C. holding that the press and public can be constitutionally excluded from a pretrial suppression hearing
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 Parent has furnished to each Lender copies of (i) the audited consolidated balance sheets of each Borrower and its respective consolidated Subsidiaries for the fiscal years ended December 31, 2015 and December 31, 2016, and the related audited consolidated statements of operations, shareholders’ equity and cash flow for the fiscal years ended on such dates, with the opinion thereon of Ernst & Young LLP, and (ii) the respective unaudited consolidated balance sheets of each Borrower and its respective consolidated Subsidiaries for the fiscal quarter ended September 30, 2017, and the related unaudited consolidated statements of operations, shareholders’ equity and cash flow for the three fiscal quarter period ended on such date. Such financial statements (including in each case related schedules and notes) are complete and correct in all material respects and present fairly, in accordance with GAAP consistently applied throughout the periods involved, the consolidated financial position of each Borrower and its respective consolidated Subsidiaries as at their respective dates and the results of operations and the cash flow for such periods (subject, as to interim statements, to changes resulting from normal year-end audit adjustments). No Loan Party or any of its Subsidiaries has on the Agreement Date any material contingent liabilities, liabilities, unusual or long-term commitments or unrealized or forward anticipated losses from any unfavorable commitments that would be required to be set forth in its financial statements or notes thereto, except as referred to or reflected or provided for in the financial statements referenced in clauses (i) and (ii) above.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Machete called Machete Kills, that the Program is unconstitutional because it violates rights protected by the Due Process Clause of the Fourteenth Amendment to the United States Constitution. See Machete Productions, L.L.C. v. Page, 809 F.3d 281 (5th Cir.2015). The court held that because the Program statutes and regulations made clear that grants were discretionary, Machete Productions could not demonstrate that it had a clearly established right to the grant funds such .that it had a property interest in a Program grant that triggered the Due Process Clause. Id. at 290. The court also held that the Program's statutes and regulations were not unconstitutionally vague. Id. (citing National Endowment for the Arts v. Finley, 524 U.S. 569, 588-89, 118 S. Ct. 2168, 141 L.Ed.2d 500 (1998) (<HOLDING>)). 14 . Because of our disposition of Machete's Options: A. holding that the due process clause protects only those liberty interests created by the state B. holding that montana constitutions equal protection clause protects against arbitrary and discriminate state action C. holding that when the consequences of the conviction are not severe and imminent an appeal is moot when the judgment is voluntarily satisfied D. holding that while due process clause protects against arbitrary and discriminatory enforcement of vague standards when government is acting as patron rather than as sovereign the consequences of imprecision are not constitutionally severe E. holding that the due process clause protects the accused against conviction except upon proof beyond a reasonable doubt of every fact necessary to constitute the crime with which he is charged

assistant: The best answer is D. holding that while due process clause protects against arbitrary and discriminatory enforcement of vague standards when government is acting as patron rather than as sovereign the consequences of imprecision are not constitutionally severe
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 is not a party to any agreement or instrument or subject to any restriction which might materially and adversely affect Borrower or the Property, or Borrower’s business, properties or assets, operations or condition, financial or otherwise. Borrower is not in default in any material respect in the performance, observance or fulfillment of any of the obligations, covenants or conditions contained in any agreement or instrument to which it is a party or by which Borrower or the Property is bound. Borrower has no material financial obligation under any indenture, mortgage, deed of trust, loan agreement or other agreement or instrument to which Borrower is a party or by which Borrower or the Property is otherwise bound, other than (a) obligations incurred in the ordinary course of the operation of the Property as permitted pursuant to clause (xix) of the definition of “Special Purpose Entity” set forth in Section 1.1 hereof and (b) obligations under the Loan Documents.

assistant: 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: Any termination of the Executive’s employment by the Company or by the Executive shall be communicated by a written notice of termination to the other party (the “ Notice of Termination ”). Where applicable, the Notice of Termination shall indicate the specific termination provision in this Agreement relied upon and shall set forth in reasonable detail the facts and circumstances claimed to provide a basis for termination of the Executive’s employment under the provision so indicated. Unless the Board or a committee thereof, in writing, provides a longer notice period, a Notice of Termination by the Executive alleging a termination for Good Reason must be made within 180 days of the act or failure to act that the Executive alleges to constitute Good Reason.

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 Borrower will, and will cause each of its Subsidiaries to, (a) keep and maintain all property material to the conduct of its business in good working order and condition, ordinary wear and tear excepted, except where the failure to do so, either individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect and (b) maintain with financially sound and reputable insurance companies, insurance with respect to its properties and business, and the properties and business of its Subsidiaries, against loss or damage of the kinds customarily insured against by companies in the same or similar businesses operating in the same or similar locations. In addition, and not in limitation of the foregoing, the Borrower shall maintain and keep in force insurance coverage on its inventory, as is consistent with best industry practices. The Borrower shall at all times cause the Administrative Agent to be named as additional insured on all of its casualty and liability policies.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement will not be assigned by either Party without the prior written consent of the other Party, which consent shall not be unreasonably withheld, conditioned or delayed; provided that Company may assign this Agreement without such consent of the Supplier if the assignee has a long-term, senior unsecured credit rating equal to or higher than BB- (or the then equivalent) from Standards & Poor’s Rating Service and of Ba3 (or the then equivalent) by the rating service of Moody’s Investors Services, Inc., or an equivalent rating from any other any credit rating agency that has been approved as a Nationally Recognized Statistical Rating Organization by the U.S. Securities and Exchange Commission; provided, further, that any such assignee assumes all obligations and liabilities of Company under this Agreement in writing and Company remains liable for any breach of this Agreement. Notwithstanding the aforementioned, Company may not assign this Agreement until Company’s parent, Seventy Seven Operating LLC, provides a guaranty to Supplier of PPS’s indemnification obligations under the APA and any assignment without such guaranty being executed and delivered to Supplier shall be null and void.

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: not need a reasonable suspicion of criminal activity for an investigatory stop, because the initial traffic stop was valid and appellant was not detained beyond the time necessary to issue a citation. See Cresswell v. State, 564 So.2d 480, 481 (Fla.1990) (citing State v. Anderson, 479 So.2d 816, 818 (Fla. 4th DCA 1985)); K.G.M. v. State, 816 So.2d 748, 752 (Fla. 4th DCA 2002). Further, once appellant was lawfully stopped for the traffic violation, the officer was authorized to order him out of his vehicle. See Pennsylvania v. Mimms, 434 U.S. 106, 98 S.Ct. 330, 54 L.Ed.2d 331 (1977) (<HOLDING>); Faulkner v. State, 834 So.2d 400, 402 (Fla. Options: A. holding that for general safety purposes an officer may routinely order the driver of a lawfully stopped vehicle to exit the vehicle because when the vehicle is already stopped the slight additional intrusion associated with being directed to exit the car can only be described as de minimis B. holding that a police officer may as a matter of course order the driver of a lawfully stopped car to exit his vehicle C. holding that the additional intrusion into a drivers personal liberty by an order to step out of the vehicle after having been stopped for a traffic violation is de minimus D. holding that once a vehicle has been lawfully stopped an officer may order the driver out of the vehicle without violating the fourth amendment E. holding that the officer acted within the scope of his authority in requiring the defendant stopped in middle lane of traffic to exit his vehicle

assistant: The best answer is A. holding that for general safety purposes an officer may routinely order the driver of a lawfully stopped vehicle to exit the vehicle because when the vehicle is already stopped the slight additional intrusion associated with being directed to exit the car can only be described as de minimis
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the basis of the inside influence or economic leverage of a particular creditor.” H.R.REP. 103-835. State and Federal governments “must abide by the regular processes of the bankruptcy court applicable to all claimants.” 140 Cong.Ree. H10752-01, H10772. III. Conclusion We conclude on the basis of the foregoing discussion that Congress has the authority to abrogate the Eleventh Amendment when it acts pursuant to the powers accorded it under the Bankruptcy Clause, Art. I, § 8, cl. 4; that it expressly and unequivocally did so when it enacted § 113 of the Reform Act, 11 U.S.C. § 106; and that § 113 applies retroactively to this case. Accordingly, the judgment is Reversed and the cause Remanded. 1 . But see Seminole Tribe of Florida v. State of Florida, 11 F.3d 1016, 1023 (11th Cir.1994) (<HOLDING>). 2 . To the extent 11 U.S.C. § 106(a) could be Options: A. recognizing that congress has specifically abrogated the eleventh amendment defense when legislating pursuant to 5 of the fourteenth amendment and its article i 8 plenary power over commerce but refusing to extend authority to abrogate to legislation enacted pursuant to the indian commerce clause the indian gaming regulatory act B. holding that federal legislation with respect to indian tribes is not based upon impermissible racial classifications and noting that article i 8 of the constitution gives congress the power to regulate commerce with the indian tribes C. holding that congress could abrogate the eleventh amendment pursuant to the commerce clause D. holding that the eleventh amendment bars con gress from using its power under the indian commerce clause of article i to expand the jurisdiction of the federal courts under article iii E. holding that congress may abrogate a states immunity pursuant to its enforcement power under 5 of the fourteenth amendment

assistant: The best answer is A. recognizing that congress has specifically abrogated the eleventh amendment defense when legislating pursuant to 5 of the fourteenth amendment and its article i 8 plenary power over commerce but refusing to extend authority to abrogate to legislation enacted pursuant to the indian commerce clause the indian gaming regulatory act
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: You acknowledge that, regardless of any action taken by the Company or, if different, the Affiliate employing you (the “Employer”), the ultimate liability for all income tax, social insurance, payroll tax, payment on account or other tax-related items related to your participation in the Plan and legally applicable to you (the “Tax-Related Items”) is and remains your responsibility and may exceed the amount actually withheld by the Company or the Employer. You further acknowledge that the Company and the Employer (a) make no representations or undertakings regarding the treatment of any Tax-Related Items in connection with any aspect of the Award, including, but not limited to, the grant, vesting or settlement of the Units, the subsequent sale of Shares acquired pursuant to such settlement and the receipt of any dividends, and (b) do not commit to and are under no obligation to structure the terms of the grant or any aspect of the Award to reduce or eliminate your liability for Tax-Related Items or achieve any particular tax result. Further, if you are subject to Tax-Related Items in more than one jurisdiction, you acknowledge that the Company and/or the Employer (or former employer, as applicable) may be required to withhold or account for Tax-Related Items in more than one jurisdiction.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may not be altered, amended, or modified except by a written instrument executed by or on behalf of CEOC and the Required Preferred Backstop Investors, provided that if any alteration, amendment or modification could be adverse to any of the Preferred Backstop Investors, such Preferred Backstop Investor’s written consent shall be required. This Agreement shall become binding only after the same is signed and delivered by or on behalf of each of the parties hereto.

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 following U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 377 U.S. 402 84 S.Ct. 1272 12 L.Ed.2d 407 Harlow CHAMBERLIN, etc., et al.v.DADE COUNTY, BOARD OF PUBLIC INSTRUCTION. No. 939. Decided June 1, 1964. Rehearing Denied Oct. 12, 1964. See 85 S.Ct. 18. Leo Pfeffer and Howard W. Dixon, for appellants. George C. Bolles, for appellees. PER CURIAM. 1 The motion to use the record in No. 520, October Term 1962, 374 U.S. 487, 83 S.Ct. 1864, 10 L.Ed.2d 1043, is granted. The judgment of the Florida Supreme Court is reversed with respect to the issues of the constitutionality of prayer, and of devotional Bible reading pursuant to a Florida statute, Fla.Stat. (1961) § 231.09, F.S.A., in the public schools of Dade County. School District of Abington Township, Pa. v. Schempp, 374 U.S. 203, 83 S.Ct. 1560, 10 L.Ed.2d 844. As to the other questions raised, the appeal is dismissed for want of properly presented federal questions. Asbury Hospital v. Cass County, 326 U.S. 207, 213—214, 66 S.Ct. 61, 64, 90 L.Ed. 6. 2 Mr. Justice DOUGLAS, with whom Mr. Justice BLACK agrees, concurring in part. 3 I join in reversing the Supreme Court of Florida on the main issue in the case. 4 The 'other questions raised' which the Court refuses to consider because not 'properly presented' involve the constitutionality under the First and Fourteenth Amendments of baccalaureate services in the schools, a religious census among pupils, and a religious test for teachers. The Florida Supreme Court disposed of those issues on the authority of Doremus v. Board of Education, 342 U.S. 429, 72 S.Ct. 394, 96 L.Ed. 475, which held that a taxpayer lacks standing to challenge religious exercises in the public schools. Irrespective of Doremus v. Board of Education, supra, I think it is arguable that appellant-taxpayers do have standing to challenge these practices. 5 I think, however, that two of those 'other questions'—the baccalaureate services and the religious census—do not present substantial federal questions, and so I concur in the dismissal of the appeal as to them. As to the religious test for teachers,* I think a substantial question is presented. Cf. Torcaso v. Watkins, 367 U.S. 488, 81 S.Ct. 1680, 6 L.Ed.2d 982. I would therefore put that question down for argument, postponing the question or jurisdiction to the merits. 6 Mr. Justice STEWART would note probable jurisdiction of this appeal and set it down for argument on the merits. * Applicants for teaching positions are required to answer the question, 'Do you believe in God?' Religious attitudes are also considered in making promotions.

assistant: 3
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: and supplemental jurisdiction over his PHRA claim under 28 U.S.C. § 1367. We have appellate jurisdiction over the final decision of the District Court under 28 U.S.C. § 1291. 6 . We have applied Twombly and Iqbal’s pleading requirements to employment discrimination claims, see Fowler v. UPMC Shadyside, 578 F.3d 203, 210-12 (3d Cir.2009); Wilkerson v. New Media Tech. Charter Sch., Inc., 522 F.3d 315, 322 (3d Cir.2008), but the quantum of facts that a discrimination complaint should contain may bear further development. This case, though, provides a poor vehicle for that task because Guirguis relies in large measure upon bare legal conclusions that would likely have been insufficient even under the pre-Twombly pleading standard. See, e.g., Papasan, 478 U.S. at 286, 106 S.Ct. 2932 (<HOLDING>). They are certainly deficient in the Options: A. holding that a court is not required to accept legal conclusions cast in the form of factual allegations if those conclusions cannot reasonably be drawn from the facts alleged B. holding that the plaintiffs complaint was insufficient under twombly and iqbal because most of the facts alleged were actually legal conclusions or elements of the cause of action which may be disregarded on a motion to dismiss C. holding that district court properly refused to rely on affidavits to the extent that they contained only legal conclusions D. holding that at the motion to dismiss stage a court is not obliged to accept as true legal conclusions E. holding prior to twombly that courts were not required to accept the truth of legal conclusions contained in a plaintiffs complaint

assistant: The best answer is E. holding prior to twombly that courts were not required to accept the truth of legal conclusions contained in a plaintiffs complaint
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: Pursuant to Section 16 of the Plan, the Administrator may at any time amend or cancel any outstanding portion of this Stock Option, but no such action may be taken that adversely affects the Optionee’s rights under this Agreement without the Optionee’s consent.

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: The Company has 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 nor any of the other reports, financial statements, certificates or other information furnished by or on behalf of the Company 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 or filed with the SEC) when taken as a whole and when taken together with the Company’s filings with the SEC prior to the date hereof 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 Borrowers represent only that such information was prepared in good faith based upon assumptions believed to be reasonable at the time (it being understood that such projections may vary from actual results and such variances may be material).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey. Any suit, action or proceeding with respect to this Agreement shall be brought in the state or federal courts located in Morris County in the State of New Jersey. The parties hereto hereby accept the exclusive jurisdiction and venue of those courts for the purpose of any such suit, action or proceeding. The parties hereto hereby irrevocably waive, to the fullest extent permitted by law, any objection that any of them may now or hereafter have to the laying of venue of any suit, action or proceeding arising out of or relating to this Agreement or any judgment entered by any court in respect thereof brought in Morris County, New Jersey, and hereby further irrevocably waive any claim that any suit, action or proceeding brought in Morris County, New Jersey has been brought in an inconvenient form.

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: means of determining what discovery sanction is just,” but rather “a way for a district judge to think about what to do.” Valley Engineers, Inc. v. Electric Eng’g Co., 158 F.3d 1051, 1057 (9th Cir.1998). 1. Extraordinary Circumstances “Dismissal under a court’s inherent powers is justified in extreme circumstances.” Id. In the Ninth Circuit, “extraordinary circumstances exist where there is a pattern of disregard for Court orders and deceptive litigation tactics that threaten to interfere with the rightful decision of a case.” See Advantacare Health Partners, LP v. Access IV, No. C 03-04496 JF, 2004 WL 1837997 at *5 (N.D.Cal. Aug.17, 2004) (Fogel, J.) (citing Halaco, 843 F.2d at 381). See also Anheuser-Busch, Inc. v. Natural Beverage Distributors, 69 F.3d 337, 348 (9th Cir.1995) (<HOLDING>); Wyle v. R.J. Reynolds Tobacco Co., 709 F.2d Options: A. holding that federal law applies because judicial estoppel relates to protection of the integrity of the federal judicial process B. holding that it is not C. holding that it is well settled that there is no constitutional right to an appeal D. recognizing that it is well settled law that an action is commenced by the service of a summons and without valid service of process the trial court has no jurisdiction to act E. holding that it is well settled that dismissal is warranted where a party has engaged deliberately in deceptive practices that undermine the integrity of judicial proceedings

assistant: The best answer is E. holding that it is well settled that dismissal is warranted where a party has engaged deliberately in deceptive practices that undermine the integrity of judicial proceedings
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Borrower has furnished to the Lenders on or prior to the Closing Date a copy of the Form 10-K of Borrower and its Subsidiaries for the period ended November 30, 2015 and a copy of the Form 10-Q of Borrower and its Subsidiaries for the period ended February 29, 2016; it being understood that such financial statements filed with or furnished to the SEC by the Borrower (and which are available online) shall be deemed to have been provided by the Borrower. Such financial statements and the notes thereto, and any financial statements required to be delivered by Borrower hereunder and the notes thereto, fairly present in all material respects the consolidated financial position of Borrower and its Subsidiaries as at the dates specified therein and the consolidated results of operations and cash flows for the periods then ended, all in conformity with GAAP, subject, in the case of the February 2016 financials, to the absence of footnotes and year-end adjustments.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: No waiver of any default or failure or delay to exercise any right or remedy by the holder of this Note shall operate as a waiver of any other default or of the same default in the future or as a waiver of any right or remedy with respect to the same or any other occurrence.

assistant: No Waivers
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 and you agree that neither party will disparage the other in any manner and will in all respects avoid any negative criticism of the other and, in your case, of Cott. The foregoing non-disparagement provision does not apply on occasions when you or the Company provide truthful information in good faith to any federal, state, or local agency investigating an alleged violation of any employment-related or other law or otherwise gathering information pursuant to any official investigation, hearing, trial or proceeding. You and the Company shall also (i) be permitted to defend your/itself against any statement made by the other party that is intended or reasonably likely to disparage the other’s reputation if you or the Company, as applicable, have a reasonable good faith belief that your or its statements in such defense are not false statements, (ii) be permitted, while you are employed by the Company, to make any statement not otherwise false or misleading that you or the Company, as applicable, determine in good faith is reasonably necessary or appropriate to the discharge of your or its duties and responsibilities, and (iii) provide truthful testimony in any legal proceeding. The foregoing provision also does not prevent the Company and Cott from making internal statements or statements to outside attorneys, auditors, or other advisors, in each case for legitimate business reasons to individuals who the Company or Cott reasonably believes has a need to know the information contained in the statements. Lastly, this section shall not prevent you, during your employment, from discussing terms and conditions of your employment for mutual aid and protection and engaging in such other speech as may be protected by applicable law.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Tenant hereby consents to the exclusive jurisdiction of the state courts located in the county where the Building is located and to the federal courts located in the Eastern District of Pennsylvania. In connection with any litigation arising out of this Lease, the prevailing party, Tenant or Landlord, shall be entitled to recover all costs incurred, including reasonable attorneys’ fees.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: this agreement to arbitrate will not preclude you or under armour from seeking provisional remedies in aid of arbitration , including without limitation orders to stay a court action , compel arbitration or confirm an arbitral award , from a court of competent jurisdiction .

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: had been holding and waving a machete at individuals; (2) Crocker saw Johnson running in the area for unknown reasons; and (3) a machete knife was recovered from Clark, a friend of Johnson’s who had been with Johnson and who had fled the scene. Even viewing the facts in the light most favorable to Johnson, the credible identification of Johnson as the person who had attempted robbery and who had waved a machete at others, coupled with the Clark’s possession of a machete, was sufficient to establish probable cause to arrest Johnson. Because Crocker had probable cause to arrest Johnson, the false imprisonment and malicious prosecution claims fail as a matter of law. See Groman v. Township of Manalapan, 47 F.3d 628, 636 (3d Cir.1995) (false imprisonment); Estate of Smith, 318 F.3d at 521 (<HOLDING>). The fact that the criminal charges were Options: A. recognizing tennessee law requires the absence of probable cause to maintain a malicious prosecution claim B. holding that the plaintiff must show that there was a lack of probable cause for the criminal prosecution C. holding the same for malicious prosecution D. holding that malicious prosecution plaintiff must show inter alia that criminal proceeding was initiated without probable cause E. holding that a necessary element for malicious prosecution under virginia law is lack of probable cause

assistant: The best answer is D. holding that malicious prosecution plaintiff must show inter alia that criminal proceeding was initiated without probable cause
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: in order to assist blizzard entertainment to police users who may use `` hacks , '' or `` cheats '' to gain an advantage over other players , you acknowledge that blizzard entertainment shall have the right to obtain certain information from your computer and its component parts , including your computer 's random access memory , video card , central processing unit , and storage devices .

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: failure to register as a sex offender in violation of 18 U.S.C. § 2250(a). We affirm the conviction and clarify that the outcome of this case is controlled by United States v. Valverde, 628 F.3d 1159 (9th Cir.2010). I. In 1992 Mattix was convicted of first degree sodomy, first degree attempted rape, first degree sexual abuse, and first degree attempted sexual abuse. Because of these convictions, Mattix was required to register as a sex offender. In 2010, Mattix moved from Oregon to Nevada but failed to either update his Oregon registration or register in Nevada. He was arrested in September 2010 and charged with failing to register as a sex offender under 18 U.S.C. § 2250(a). Section 2250(a) is part of the Sex ir.2009) (same), with United States v. Utesch, 596 F.3d 302 (6th Cir.2010) (<HOLDING>). . • In December -2010, we joined the Sixth Options: A. holding that claim that plea was involuntary because the court failed to comply with rule 3172c was cognizable in a rule 3850 motion B. holding that florida administrative code rule 285211 which purported to allow an agency or hearing officer to dismiss a proceeding or enter a default as a sanction for failure to comply with a procedural order was invalid C. holding that the february 28 2007 interim rule was invalid because it failed to comply with the administrative procedure act D. holding that a plan under chapter 13 although confirmed was invalid because it failed to comply with the mandatory provisions of 11 usc 1322a2 requiring full payment of all claims entitled to priority E. holding that such a general question regarding the prospective jurors willingness to follow the law did not comply with the 2007 amended version of rule 431b

assistant: The best answer is C. holding that the february 28 2007 interim rule was invalid because it failed to comply with the administrative procedure act
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 Board shall make or provide for such adjustments to CARs, Grant Date Value or other criteria as it deems appropriate in its sole discretion in the event of changes to the number of Cuotas, by a division or consolidation of such Cuotas, or by reason of a recapitalization, merger, purchase of assets (to the extent the purchase price is funded with additional capital), consolidation, exchange, reorganization, and the like. Notwithstanding anything in this Plan to the contrary, no CARs will be adjusted due to the issuance of additional CARs for substantial value to any person or entity.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: States on Nov.24, 1969))). The question of whether the Vienna Convention confers on a foreign national an individual “right to consular assistance following arrest” has not been settled. See Flores v. Johnson, 210 F.3d 456, 457-58 (5th Cir.2000); see also Rocha v. State, at 16-18; Maldonado v. State, 998 S.W.2d at 247; United States v. Lumbera-Camorlinga, 206 F.3d 882, 884 (9th Cir.2000); United States v. Li, 206 F.3d 56, 62 (1st Cir. 2000). However, the Texas Court of Criminal Appeals recently ruled the exclusionary rule of Tex.Code Crim. Proc. ANN art. 38.23(a) does not apply to violations of treaties. Rocha v. State, at 18-19. Accordingly, suppression of evidence is not an available remedy for violation of the Vienna Convention. Id.; see also Lomb-erar-Camorlinga, 206 F.3d at 883-84 (<HOLDING>); L% 206 F.3d at 66 (denying suppression of Options: A. holding that 1983 does not provide a remedy if there is no violation of federal law B. holding suppression is not a remedy for violation of vienna convention under federal law C. holding that suppression of the evidence or dismissal of an indictment are not required to remedy a violation of 6103 D. holding that the fourth amendment remedy sought is suppression E. holding that the appropriate remedy for a public trial violation was a new suppression hearing not a new trial because the remedy should be appropriate to the violation

assistant: The best answer is B. holding suppression is not a remedy for violation of vienna convention under federal 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 legal provision and list the applicable contract clause categories. Provision: During the Employment Period, the Company shall pay Executive a Base Salary in an amount which shall be established from time to time by the Board of the Company; provided, however, that such Base Salary shall not be less than six hundred seventy-five thousand dollars ($675,000) per year. This Base Salary shall be paid to Executive in equal installments throughout the year, consistent with the normal payroll practices of the Company. The Base Salary shall be reviewed during the Employment Period at least annually following the Commencement Date, to ascertain whether, in the judgment of the Board, such Base Salary should be increased based primarily on the performance of Executive during the year. The first such review shall take place during May 2017. If so increased, the Base Salary as stated above shall, likewise, be increased for all purposes of this Agreement and shall not, in any event, be decreased in any year.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each payment by the Borrower on account of the principal of or interest on the Loans or of any fee, commission or other amounts (including any Reimbursement Obligation) payable to the Lenders under this Agreement (or any of them) shall be made not later than 1:00 p.m. (Charlotte, North Carolina time) on the date specified for payment under this Agreement to the Administrative Agent at the Administrative Agent’s Office for the account of the Lenders entitled to such payment in Dollars, in immediately available funds and shall be made without any set off, counterclaim or deduction whatsoever. Any payment received after such time but before 2:00 p.m. on such day shall be deemed a payment on such date for the purposes of Section 7.01 , but for all other purposes shall be deemed to have been made on the next succeeding Business Day. Any payment received after 2:00 p.m. shall be deemed to have been made on the next succeeding Business Day for all purposes. Upon receipt by the Administrative Agent of each such payment, the Administrative Agent shall distribute to each such Lender at its address for notices set forth herein its pro rata share of such payment based on its Commitment Percentage (or other applicable share as provided herein), and shall wire advice of the amount of such credit to each Lender. Each payment to the Administrative Agent on account of the principal of or interest on a Swingline Loan or of any fee, commission or other amounts payable to the Swingline Lender shall be made in like manner, but for the account of the Swingline Lender. Each payment to the Administrative Agent of the Issuing Lenders’ fees or L/C Participants’ commissions shall be made in like manner, but for the account of such Issuing Lender or the L/C Participants, as the case may be. Each payment to the Administrative Agent of the Administrative Agent’s fees or expenses shall be made for the account of the Administrative Agent and any amount payable to any Lender under Sections 2.12(e) , 2.14 , 2.17 , 9.05 or 9.07 shall be paid to the Administrative Agent for the account of the applicable Lender. If any payment under this Agreement shall be specified to be made upon a day which is not a Business Day, it shall be made on the next succeeding day which is a Business Day and such extension of time shall in such case be included in computing any interest if payable along with such payment.

assistant: Payments