flwrlabs/fed-legal huggingface dataset:
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: In addition to all rights of indemnification available to an Indemnified Person (as defined below) by statute, pursuant to the Company’s bylaws, or in any indemnification agreement or provision with or for the benefit of such Indemnified Person, and except to the extent expressly prohibited by Applicable Laws, the Company shall indemnify, defend and hold harmless each Indemnified person against all expenses, including attorney’s fees, actually by such Indemnified person incurred in connection with any action, suit or proceeding or in connection with any appeal therein, to which such Indemnified Person may become, or may be threatened to become, a party by reason of any action taken or failure to act under or in connection with the Plan or any Award granted under the Plan; provided, however, that (i) no Indemnified Person shall be indemnified against any claim that has been fully and finally determined to have resulted solely from the gross negligence or willful misconduct of that Indemnified Person (but except to the extent limited by the Applicable Laws, such Indemnified Person shall be defended against any and all such claims until the final adjudication thereof); and (ii) in anticipation of any claim of gross negligence against an Indemnified Person, the Company may condition its advancement of expenses and its incurrence of defense costs upon a written undertaking by the Indemnified Person to repay to the Company such amounts as may be reasonably necessary to reimburse the Company for the incremental excess costs and liabilities incurred by the Company on account of conduct that has been judicially determined to have resulted from the gross negligence or willful misconduct of such Indemnified Person; and (iii) the Company may satisfy its obligation to indemnify and defend an Indemnified Person by undertaking the defense of the Company and such Indemnified Person by a single counsel, so long as the applicable rules of attorney professional conduct do not result in a finding that a conflict of interest exists as between the Company and such Indemnified Person; and (iv) to the extent the Company fails to assume the defense of such Indemnified Person for any reason, then the Company shall promptly reimburse such Indemnified Person for any fees, costs and expenses incurred in a matter for which indemnification is available under this Section 3.5 . For the purposes of this Section 3.5 , an “Indemnified Person” is any member of the Committee, any consultant or advisor retained by the Committee in connection with this Plan, and the heirs, representatives, beneficiaries, assigns and agents of any of the foregoing.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Issuer will, or will cause the Administrator to, indemnify the Asset Representations Reviewer and its officers, directors, employees and agents (each, an “ Indemnified Person ”), for all costs, expenses, losses, damages and liabilities resulting from the performance of its obligations under this Agreement (including the fees and expenses of defending itself against any loss, damage or liability), but excluding any cost, expense, loss, damage or liability resulting from (i) the Asset Representations Reviewer’s willful misconduct, bad faith or negligence or (ii) the Asset Representations Reviewer’s breach of any of its representations or warranties in this Agreement.

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: on the pleadings is GRANTED with prejudice with respect to Indelicato’s Bivens claim; and it is further ORDERED that Defendants’ motion for judgment on the pleadings is GRANTED without prejudice with respect to Indelicato’s FTCA claim; and it is further ORDERED that Indelicato’s motion for summary judgment is DENIED. SO ORDERED. 1 . When the Bureau of Prisons (“BOP”) places an inmate on "refusal status,” it institutes various sanctions such as reduced pay, low housing status and restricted work assignments. See 29 C.F.R. § 525.11. 2 . The fact that Indelicato eventually submitted the form required under step two is irrelevant to the present inquiry because he did so only after he filed his complaint with this Court in September 2000. See Neal v. Goord, 267 F.3d 116, 122 (2d Cir.2001) (<HOLDING>); Fletcher v. Haase, No. 99 Civ. 9549, slip Options: A. holding that administrative remedies must be exhausted prior to filing a claim in court B. holding that a prisoner exhausted his administrative remedies even though his grievance was untimely C. holding that a claimants claim is barred when administrative remedies that are clearly required under an erisa plan are not exhausted D. holding that 42 usc 1997ea requires dismissal without prejudice where a prisoner has not exhausted administrative remedies prior to filing suit E. holding that if adequate administrative remedies are available it is improper to seek relief in court before those remedies are exhausted

assistant: The best answer is A. holding that administrative remedies must be exhausted prior to filing a claim in 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: Seller shall pay the State of Illinois and County of Lake real estate transfer taxes and documentary stamps, the cost of the Title Commitment and any updates thereto, the cost of a standard ALTA Owner’s Policy of Title Insurance (the “ Title Policy ”), the costs of any endorsements to the Title Policy to the extent that such endorsements are necessary to cure any Objections that Seller has elected or is required to cure, all fees to Broker, and the cost of preparation of Seller’s Closing Documents. Buyer shall pay the cost for extended ALTA title insurance coverage, if desired, the cost of any endorsements to the title policy (if requested by Buyer), the cost of preparation of Buyer’s Closing Documents, and the cost of any updated survey, if desired. Seller and Buyer shall each pay one-half (1/2) of (i) Escrow Holder’s escrow fee including the cost of a New York style closing (excluding charges assessed by Escrow Holder for special services, which shall be paid by the party requesting or using such special services), (ii) recording fees for the Deed, and (iii) other closing costs. Each party shall pay its own attorney’s fees. Any municipal transfer taxes or inspection fees shall be paid by the party as specified in the applicable local ordinance.

assistant: Costs
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: determining the reasonableness of small business bids.” 49 Comp.Gen. at 743. While noting that the provisions of the Small Business Act authorize the award of contracts to small businesses at prices higher than those obtainable by unrestricted competition, the GAO found no valid basis for concluding that the Act “was intended to require the award of contracts to small business concerns at prices considered unreasonable” by the procurement officers. Id. at 742-43; see also No. B-149889 (November 2, 1962). The GAO held that the regulations “properly permit the withdrawal of a set-aside, based on a valid determination that bid prices received from small business concerns are unreasonable.” Id. at 743. See also Boog-Allen Applied Research, No. B-179085 (November 5, 1973), 53 Comp.Gen. 307 (<HOLDING>); Society Brand, Inc.; Waldman Manufacturing Options: A. recognizing that officers are permitted though not required to compare small business bids and large business bids from previous competitions in establishing the competitive range of acceptability B. recognizing that pursuant to the business judgment rule the decisions of business professionals on the board of directors should be presumed valid C. recognizing the wide range of competitive results in oligopolistic markets D. holding that documents that were not created by but that were received maintained and relied upon by a business are business records under 8036 E. holding plaintiff lacked standing to challenge small business status of awardee because plaintiff was not a small business

assistant: The best answer is A. recognizing that officers are permitted though not required to compare small business bids and large business bids from previous competitions in establishing the competitive range of acceptability
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, do or cause to be done all things necessary to preserve, renew and maintain in full force and effect its legal existence and its respective rights, licenses, permits, privileges, franchises, patents, copyrights, trademarks and trade names material to the conduct of its business (to the extent a failure to do so would have a Material Adverse Effect) and will continue to engage in substantially the same business as presently conducted or such other businesses that are reasonably related thereto; provided that nothing in this Section shall prohibit any merger, consolidation, conversion, liquidation or dissolution permitted under Section 7.3 .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: at the time of the state-court decision.’ ” Yarborough v. Alvarado, 541 U.S. 652, 666, 124 S.Ct. 2140, 158 L.Ed.2d 938 (2004). Consequently, Ibanez’s Petition must be denied. Any request for the issuance of a Certificate of Appealability pursuant to 28 U.S.C. § 2253 is DENIED, the court seeing no meritorious or substantial basis supporting an appeal. The Clerk is instructed to close the case. SO ORDERED. 1 . Petitioner alleges that Caetano in some fashion might protect his right to the unlicensed possession of a firearm in an automobile that he regarded as the equivalent of his home. 2 . The First Circuit Court of Appeals has made clear that Supreme Court precedent is not retroactively applied unless the Court orders it so. See Cirilo-Muñoz v. United States, 404 F.3d 527 (1st Cir.2005) (<HOLDING>)'. See also United States v. Fraser, 407 F.3d Options: A. holding that booker does not apply retroactively to collateral proceedings under 2255 B. holding that equitable tolling is available for petitions filed pursuant to 28 usc 2255 C. holding petitions under 28 usc 2255 unavailable to advance booker claims in the absence of a supreme court decision rendering booker retroactive D. holding that a claim under booker does not fit within the savings clause of 28 usc 2255 E. holding sentencing under the acca not to be a booker error

assistant: The best answer is C. holding petitions under 28 usc 2255 unavailable to advance booker claims in the absence of a supreme court decision rendering booker retroactive
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: 2084, 186 L.Ed.2d 84 (2013). That is not the situation presented in this case. First, even if the court were to use the drug equivalency tables, Mr. Stanfiel’s sentence would remain unchanged. Therefore, the principle enunciated in Peugh is inapplicable. There is no risk Mr. Stanfiel will face a higher sentence. Second, cases that arise under § 3582(c)(2) by their nature have no “bearing on the ex post facto clause, because [they] cannot increase a punishment.” United States v. Diggs, 768 F.3d 643, 645 (7th Cir.2014). A change in a drug equivalency table that renders a defendant ineligible for a reduction in his sentence is not the same as an increase in punishment and therefore, not an ex post facto clause violation. See e.g., United States v. Waters, 771 F.3d 679, 681 (9th Cir.2014) (<HOLDING>). AFFIRMED. * This order and judgment is not Options: A. holding that the ex post facto clause has no application to deportation B. holding the application of change in law regarding the timetable for being eligible for parole board hearings was not an increase in punishment violative of the ex post facto clause C. holding that application of guidelines did not violate the ex post facto clause because rico offense was a straddle crime that continued before and after the effective date of the guidelines D. holding that although the application of an updated version of the sentencing guidelines may have prevented the defendant from benefitting from recent reductions in drug penalties because application of the amendments would not increase the punishment for his crime over what was imposed when he was sentenced there is no ex post facto problem E. holding that application of an amended version of the guidelines to a conspiracy which continues both before and after the amendment does not violate the ex post facto clause

assistant: The best answer is D. holding that although the application of an updated version of the sentencing guidelines may have prevented the defendant from benefitting from recent reductions in drug penalties because application of the amendments would not increase the punishment for his crime over what was imposed when he was sentenced there is no ex post facto problem
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: Executive acknowledges that all discoveries, concepts, ideas, inventions, innovations, improvements, developments, methods, designs, analyses, drawings, reports, patent applications, copyrightable work, and mask work (whether or not including any confidential information) and all registrations or applications related thereto, all other proprietary information, and all similar or related information (whether or not patentable) which relate to Hillman’s, the Company’s, or any of their affiliates’ actual or anticipated business, research and development, or existing or future products or services and which are conceived, developed, or made by Executive (whether alone or jointly with others) while employed by the Company and its affiliates, whether before or after the date of this Agreement (“ Work Product ”), belong to the Company or such affiliate. The Executive hereby assigns to the Company all right, title, and interest throughout the world in the Work Product. Executive further waives all moral rights in the Work Product, including, without limitation, the right to the integrity of the Work Product, the right to be associated with the Work Product in any way, the right to restrain or claim damages for any distortion, mutilation, or other modification of the Work Product, and the right to restrain the use or reproduction of the Work Product in any context and in connection with any product, service, cause, or institution, effective at the time the particular Work Product is created. Executive shall promptly disclose such Work Product to the Board and, at the Company’s expense, perform all actions reasonably requested by the Board (whether during or after the Employment Period) to establish and confirm such ownership (including, without limitation, assignments, consents, powers of attorney, and other instruments). Executive acknowledges that all Work Product made during the course of his duties hereunder are works made in the course of employment with the Company pursuant to the Copyright Act (Canada).

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: Along with the other Second Lien Loan Documents, this Agreement is intended by the parties as a final expression of their agreement and intended to be a complete and exclusive statement of the agreement and understanding of the parties hereto in respect of the subject matter contained herein. Along with the Second Lien Loan Documents, this Agreement supersedes all prior agreements and understandings between the parties hereto with respect to such subject matter.

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: was a member of an identifiable group which is distinguishable from “white persons”. Other courts have attempted to ascertain, regardless of any “objective” definition of race and without questioning the existence thereof, whether the discrimination alleged was based upon “racial animus.” In any event, the cases applying this third approach abandon a rigid distinction between race and national origin and attempt to determine the “racial character” of the allegations in a more practical manner. Thus many of the courts in this third category conclude that plaintiffs state a valid claim under section 1981 regardless of whether their claim is characterized as one of national origin, race, alienage or ethnicity. See Manzanares v. Safeway Stores, Inc., 593 F.2d 968, 970-72 (10th Cir. 1979) (<HOLDING>); Madrigal v. Certainted Corp., 508 F.Supp. Options: A. holding that a plaintiff could not assert a 1981 claim based on gender discrimination B. holding that plaintiff who alleged discrimination on the basis of his mexicanamerican descent had stated a valid claim under section 1981 C. holding that title vii precludes a claim under section 1981 for racial discrimination against a federal employee D. holding by implication that plaintiff a brownskinned person of east indian descent had stated a proper claim under section 1981 E. holding that texas twoyear statute of limitations applied to section 1981 action for discrimination on the basis of national origin

assistant: The best answer is B. holding that plaintiff who alleged discrimination on the basis of his mexicanamerican descent had stated a valid claim under section 1981
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: CURIAM: Claude Percy Sales appeals from his 180-month sentence imposed pursuant to his guilty plea to possession of a firearm by a convicted felon. On appeal, he asserts that his sentence should not have been enhanced under the Armed Career Criminal Act (“ACCA”) because (1) such an enhancement violated United States v. Booker, 548 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), and (2) his prior North Carolina breaking and entering convictions did not qualify as predicate felonies. We affirm. As Sales admits, his claim that the application of the ACCA violated the principles of Booker is foreclosed by circuit precedent. See United States v. Thompson, 421 F.3d 278, 286 (4th Cir.2005) (<HOLDING>), petition for cert. filed, Oct. 25, 2005 (No. Options: A. holding that nature and occasion of offenses are facts inherent in convictions and those facts need not be alleged in indictment or submitted to jury B. holding that prior convictions could not be severed from their essential components such as separateness location and dates of of fenses and that therefore no finding of fact is made with respect to these inherent facts C. holding that the nature and occasion of prior offenses are facts inherent in the convictions which government is not required to allege in the indictment or prove beyond a reasonable doubt D. holding that fact of prior conviction is not subject to booker requirements that convictions cannot be severed from their essential components including the integral facts such as the statutory violation and date of offense and that these facts are inherent to convictions not extraneous to them E. holding that application of career offender enhancement falls within exception for prior convictions where facts are undisputed making it unnecessary for district court to engage in further fact finding about prior convictions

assistant: The best answer is D. holding that fact of prior conviction is not subject to booker requirements that convictions cannot be severed from their essential components including the integral facts such as the statutory violation and date of offense and that these facts are inherent to convictions not extraneous to them
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 reasonable suspicion to initiat ent claims because the Fifth Amendment does not apply to state actors. See Betts v. Brady, 316 U.S. 455, 462, 62 S.Ct. 1252, 86 L.Ed. 1595 (1942) (“Due process of law is secured against invasion by the federal Government by the Fifth Amendment and is safeguarded against state action in identical words by the Fourteenth.”), overruled on other grounds by Gideon v. Wainwright, 372 U.S. 335, 83 S.Ct. 792, 9 L.Ed.2d 799 (1963). The record does not support Farley’s First Amendment claim for intimidation and/or retaliation. There is nothing in the record suggesting that a reasonable person would have been prevented from engaging in protected speech in similar circumstances. See Mendocino Envtl. Ctr. v. Mendocino County, 192 F.3d 1283, 1300 (9th Cir.1999) (<HOLDING>) (internal quotation marks omitted). Options: A. holding that the proper inquiry asks whether an officials acts would chill or silence a person of ordinary firmness from future first amendment activities B. holding that plaintiffs who alleged a subjective chill of their first amendment rights failed to establish specific present objective harm or a threat of specific future harm C. holding that the proper harmlesserror inquiry asks absent the improperly introduced evidence is it clear beyond reasonable doubt that the jury would have returned a verdict of guilty D. holding that the proper harmlesserror inquiry asks whether absent the improperly introduced evidence it is clear beyond reasonable doubt that the jury would have returned a guilty verdict E. holding that whether a person has a disability under the ada is an individualized inquiry

assistant: The best answer is A. holding that the proper inquiry asks whether an officials acts would chill or silence a person of ordinary firmness from future first amendment activities
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: If any term, provision, covenant or restriction of this Agreement is held by a court of competent jurisdiction or other Governmental Authority to be invalid, void or unenforceable, such term, provision, covenant or restriction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions of this Agreement, and the remainder of the terms, provisions, covenants and restrictions of this Agreement shall remain in full force and effect and shall in no way be affected, impaired or invalidated.

assistant: Severability
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 its Significant Subsidiaries have good and marketable title to all property (whether real or personal) described in the SEC Documents as being owned by them that are material to the business of the Company, in each case free and clear of all liens, claims, security interests, other encumbrances or defects, except those that are not reasonably likely to result in a Material Adverse Effect. The property held under lease by the Company and its Significant Subsidiaries is held by them under valid, subsisting and enforceable leases with only such exceptions with respect to any particular lease as are not material or do not interfere in any material respect with the conduct of the business of the Company and its subsidiaries.

assistant: Titles
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: (9th Cir.1995). Finally, we dispose of appellees’ argument that Henderson v. Terhune, 379 F.3d 709 (9th Cir.2004), precludes a RLUIPA claim when the complaint cites only the First Amendment. There, we “expressed] no opinion about whether” the challenged regulation violated RLUIPA because the inmate “brought his claim under the First Amendment, not the RLUI-PA.” Id. at 715 n. 1. Appellees’ reliance on Henderson is misplaced, because at no point did the plaintiff there even assert a RLUIPA claim. See id. at 711-12. Here, Alvarez specifically raised his RLUIPA theory in his post-complaint filings, thereby apprising appellees before summary judgment that he was claiming relief under both the First Amendment and RLUIPA. See Coleman v. Quaker Oats Co., 232 F.3d 1271, 1292-94 (9th Cir.2000) (<HOLDING>). Appellees had notice of and the opportunity Options: A. holding that plaintiffs could not proceed with different theory of liability after close of discovery when defendant would be prejudiced by inability to develop newly relevant evidence and defenses B. holding only defenses that would be valid in rendering state can be relied upon by courts of another state C. holding that a discovery exception to a statute of limitation applies only to the discovery of facts not discovery of the law D. holding that the plaintiffs had relied on illinois law because they could have filed in a different forum having a different statute of limitations E. holding that only justification defenses would be recognized

assistant: The best answer is A. holding that plaintiffs could not proceed with different theory of liability after close of discovery when defendant would be prejudiced by inability to develop newly relevant evidence and defenses
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 titles and headings of the articles and sections of this Supplemental Indenture No. 15 have been inserted for convenience of reference only, are not to be considered a part hereof, and shall in no way modify or restrict any of the terms or provisions hereof.

assistant: Headings
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 Lenders agree to indemnify the Agents in their capacity as such (to the extent not reimbursed by the Borrower and without limiting the obligation of the Borrower to do so), ratably according to their respective Term Percentage in effect on the date on which indemnification is sought under this Section 8.7 (or, if indemnification is sought after the date upon which the Term B Commitments or any series of Incremental Commitments shall have terminated and the Term B Loans or any series of Incremental Term Loans shall have been paid in full, ratably in accordance with such Term Percentage or Incremental Term Percentage immediately prior to such date), from and against any and all liabilities, obligations, losses, damages, penalties, actions, judgments, suits, costs, expenses or disbursements of any kind whatsoever that may at any time (whether before or after the payment of the Term Loans) be imposed on, incurred by or asserted against such Agent, in any way relating to or arising out of, the Term B Commitments, any Incremental Commitment, this Agreement, any of the other Loan Documents or any documents contemplated by or referred to herein or therein or the transactions contemplated hereby or thereby or any action taken or omitted by such Agent under or in connection with any of the foregoing; provided that no Lender shall be liable for the payment of any portion of such liabilities, obligations, losses, damages, penalties, actions, judgments, suits, costs, expenses or disbursements that are found by a final and nonappealable decision of a court of competent jurisdiction to have resulted from such Agent’s, gross negligence or willful misconduct. The agreements in this Section 8.7 shall survive the payment of the Term Loans and all other amounts payable hereunder.

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: e.g., United States v. Gomez, 757 F.3d 885, 893 (9th Cir.2014). In light of our disposition of this case, we do not address whether this standard is meaningfully different from the BIA’s articulation. 4 . The IJ’s determination that Garcia’s conviction was an aggravated felony played a role in two distinct issues that arose at the hearing. It was the basis for the charge of removability which the IJ sustained, and it also indicated to the IJ that Garcia was not eligible for relief from removal. Only the latter issue is before us on this petition for review. 5 . Nothing in the record before the IJ negates Garcia’s apparent eligibility, absent an aggravated felony, for both forms of relief from removal. See United States v. Lopez-Velasquez, 629 F.3d 894, 896 (9th Cir.2010) (en banc) (<HOLDING>) (internal quotation mark omitted). Garcia Options: A. holding that prima facie eligibility is demonstrated by a showing that there is a reasonable likelihood that the statutory requirements for relief have been satisfied B. holding that apparent eligibility exists where the record raises a reasonable possibility that the petitioner may be eligible for relief C. recognizing the possibility but denying relief D. holding that apparent unlawful influence exists where a military judge is removed through the inappropriate actions of the government E. recognizing that this court may affirm on any grounds apparent from the record quotation omitted

assistant: The best answer is B. holding that apparent eligibility exists where the record raises a reasonable possibility that the petitioner may be eligible for relief
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: 537 A.2d at 615. In reviewing the appellants’ claim to a legitimate expectation of privacy in the apartment, this Court concluded that: [Wjhile appellants’ counsel’s assertion that the appellants were “invitees” did not constitute evidence, it was confirmatory of the apparent earlier concession by the prosecutor that the appellants were in the apartment at the invitation of the lessee. Moreover, there was an indication ... that on several occasions ... appellant Ricks, used a key to gain entrance, either to the building in which the apartment was located, or into the apartment itse 82, 383 (2002) (stating that “defendant, at best a transient squatter, had no constitutionally-reasonable expectation of privacy.”); Commonwealth v. Cameron, 385 Pa.Super. 492, 561 A.2d 783, 787-88 (1989) (<HOLDING>); Commonwealth v. Peterson, 408 Pa.Super. 22, Options: A. holding that squatter had no standing to challenge search of abandoned apartment which he had occupied solely for the business of packing for distribution for narcotics B. holding that squatter had no reasonable expectation of privacy and therefore no fourth amendment standing to challenge search of abandoned structure C. holding that squatter had no standing to challenge search of abandoned house where he was staying D. holding that squatter had no standing to challenge search of abandoned apartment because hardly more than a fugitive presence would not be one that could be accepted by society E. holding that passengers lacked any reasonable expectation of privacy and therefore had no standing to challenge the search of the vehicle

assistant: The best answer is B. holding that squatter had no reasonable expectation of privacy and therefore no fourth amendment standing to challenge search of abandoned structure
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Borrower shall promptly execute and deliver, or cause to be executed and delivered, all such other documents, agreements and instruments reasonably requested by Lender to (1) further evidence and more fully describe the Collateral; (2) correct any defects in the execution of the Loan Documents or omissions or errors in the Loan Documents; (3) perfect, protect or preserve any Liens created under any of the Loan Documents; (4) make any recordings, file any notices, or obtain any consents, as may be necessary or appropriate in connection therewith; (5) confirm the amount due on the Loans, the terms of repayment of the Loans, the date to which interest has been paid, whether any offsets or defenses exist against the Loans and, if any are alleged to exist, the nature thereof in detail, and such other matters as Lender reasonably may request; and (6) otherwise carry out the intent of the Loan Documents. Upon receipt of an affidavit of an officer of Lender as to the loss, theft, destruction or mutilation of any of the Notes or any other document(s) which is not of public record and, in the case of any mutilation, upon surrender and cancellation of the Notes or other document(s), Borrower shall promptly issue, in lieu thereof, a replacement note or other document(s) of like tenor.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: marks omitted). 23 . See 550 U.S. at 465, 127 S.Ct. 1933 (issued May 14, 2007); cf. Loden v. McCarty, 778 F.3d 484, 499-500 (5th Cir.2015) (addressing the Mississippi Supreme Court’s application of Landrigan). 24 . See Landrigan, 550 U.S. at 478, 127 S.Ct. 1933 (citing Rompilla, 545 U.S. at 381, 125 S.Ct. 2456). 25 . Id. 26 .Id. 27 . See 28 U.S.C. § 2254(d)(1). 28 . See Landrigan, 550 U.S. at 478-79, 127 S.Ct. 1933. 29 . Id. at 479, 127 S.Ct. 1933. 30 . See id. at 479-80, 127 S.Ct. 1933. 31 . Pierce v. Thaler, 604 F.3d 197, 215 (5th Cir.2010) (quoting Goodrum v. Quarterman, 547 F.3d 249, 259 n. 49 (5th Cir.2008)) (internal quotation marks omitted); accord Bower v. Quarterman, 497 F.3d 459, 475 (5th Cir.2007); see also Miller v. Turner, 658 F.2d 348, 350 (5th Cir. Unit B Oct.1981) (<HOLDING>). 32 . Gregory v. Thaler, 601 F.3d 347, 352 Options: A. holding issues not raised before the district court are not preserved for appeal B. holding that issues not raised before a district court are waived on appeal C. holding that issues not raised before the district court cannot be raised for the first time before this court D. holding issue not properly before the appellate court where appellant fails to demonstrate where in the record an issue was raised in the district court E. holding a new constitutional challenge not raised in district court was not properly before court of appeals

assistant: The best answer is E. holding a new constitutional challenge not raised in district court was not properly before court of appeals
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: another way, the purpose behind this constitutional provision is to ensure that both chambers of a legislature fulfill their duty to the citizenry of deliberating the merits of proposed legislation. We disagree with the petitioners’ contention that the failure of the House to vote to approve the Senate’s extension of its adjournment invalidated all legislation that was passed during the 2007 Extraordinary Session. State courts that, have faced similar challenges to the validity of laws passed by their respective legislative bodies, when one of the legislative chambers adjourned longer than permitted under the state’s constitution, have rejected the notion that the laws passed by that legislative body are invalid. See, e.g., Opinion of the Justices, 288 Ala. 89, 257 So.2d 336 (1972) (<HOLDING>); Wilson v. City of Fargo, 48 N.D. 447, 186 Options: A. holding that when the plaintiffs child was examined only once by a physician and was not required to be absent from day care for more than three days he had no serious medical condition within the meaning of the fmla B. holding that the court lacks jurisdiction where a complaint was filed more than 30 days after the filing of the summons C. holding that the attempt to remove a director by written consent of the board is invalid D. holding that state senates attempt to adjourn for more than three days without obtaining the consent of the house resulted merely in the legislative session continuing E. holding that proof of incapacitation for more than three days was required before plaintiff could qualify for fmla protection

assistant: The best answer is D. holding that state senates attempt to adjourn for more than three days without obtaining the consent of the house resulted merely in the legislative session continuing
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as set forth on Schedule 4.6, there are no actions, suits, or proceedings pending or, to the actual knowledge of any Borrower, threatened in writing against a Loan Party or any Loan Party Subsidiary that either individually or in the aggregate could reasonably be expected to result in a Material Adverse Effect.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: If any portion or provision of this Agreement (including, without limitation, any portion or provision of any section of the Restrictive Covenant Agreement) shall to any extent be declared illegal or unenforceable by a court of competent jurisdiction, then the remainder of this Agreement, or the application of such portion or provision in circumstances other than those as to which it is so declared illegal or unenforceable, shall not be affected thereby, and each portion and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement and the subordination provisions set forth herein shall terminate when all the Loan Document Obligations (other than contingent obligations for indemnification, expense reimbursement, tax gross up or yield protection as to which no claim has been made) have been paid in full in cash, the Lenders have no further commitment to lend under the Credit Agreement, the LC Exposure has been reduced to zero (including as a result of obtaining consents of the applicable Issuing Banks as described in Section 9.05 of the Credit Agreement) and the Issuing Banks have no further obligations to issue, amend or extend Letters of Credit under the Credit Agreement.

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 case excerpt and choose the best holding from the options. Case excerpt: that the appellant abandoned his appeal of the Board’s denial of his claim for an increased rating for onychomycosis of the left great toe. The appellant maintains that he has not abandoned his appeal of his left great toe claim and argues that a remand of that claim is also required. Although the appellant never specifically addressed the merits of the Board’s decision regarding his left great toe claim, because the appellant challenged the entire BVA decision on procedural grounds, the Court finds that his appeal of that issue has not been abandoned. Among other things, the VCAA eliminated the well-grounded-claim requirement and modified the Secretary’s duties to notify and assist claimants. See generally VCAA, §§ 3, 4, 7; see also Holliday v. Principi, 14 Vet.App. 280, 284-86 (2001) (<HOLDING>). In Karnas v. Derwinski, 1 Vet.App. 308, Options: A. holding retroactive application B. holding that the act is retroactive C. holding that the act is not retroactive D. holding all sections of vcaa are retroactive E. holding inter alia that all provisions of vcaa were retroactively applicable to claims pending at time of enactment of vcaa

assistant: The best answer is D. holding all sections of vcaa are retroactive
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: Seller and Buyer agree to promptly execute and deliver such instruments and take such further actions as the other party may, from time to time, reasonably request in order to effectuate the purposes and intent and to carry out the terms of this Agreement. After the transfer of the Mortgage Loan Documents and Mortgage File to Buyer under this Agreement, Buyer agrees that Seller shall have the continuing right to use, inspect, and make extracts from or copies of any of the Mortgage Loan Documents or the Mortgage File in connection with any dispute or litigation related to the Mortgaged Property or the Mortgage Loan to which Seller is a party, upon Seller’s reasonable notice to Buyer. Buyer further agrees to allow Seller the temporary possession, custody, and use of original documents in the Mortgage File for any lawful purpose and upon reasonable terms and conditions. Before destruction or disposition of the Mortgage File or any Mortgage Loan Documents transferred hereunder, Buyer agrees to give reasonable notice to Seller and to allow Seller, at its own delivery expense, to recover the same from Buyer.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: to another by a contract of sale.” Therefore, absent a statutory right of redemption, the transfer of equitable title by the contract for sale completes the sale and ends a debtor’s right to cure the arrearage under § 1322(c)(1). The West Virginia Legislature has not protected the residents of this State with a statutory period of redemption following a foreclosure sale. See In re Thompson, 894 F.2d 1227, 1230 (10th Cir.1990) (stating that the dual purpose of a state’s statutory right of redemption following a foreclosure sale is to provide the debtor with the opportunity to refinance the property and to assure that the foreclosure sale brings a fair price); Oregon v. Hurt (In re Hurt), 158 B.R. 154, 158 (9th Cir. BAP 1993) (same); In re Barham, 193 B.R. 229, 232 (Bankr.E.D.N.C.1996) (<HOLDING>). While the court recognizes that a statutory Options: A. holding that the debtors could cure their arrearage until the expiration of the 10day upset bid period which would render the foreclosure sale complete under north carolina law B. holding that the debtor had the right to cure the default because the foreclosure sale was not complete under state law until it was confirmed by a court C. holding that a foreclosure sale was not complete under north carolina law until after the tenday statutory period of redemption had expired D. holding that a foreign subsidiary that is not registered to do business in north carolina has no place of business employees or bank accounts in north carolina does not design manufacture or advertise its products in north carolina and does not solicit business in north carolina cannot be subject to personal jurisdiction in north carolina even if some of the companys products do enter north carolina through the stream of commerce E. holding that because north carolina has opted out of the exemptions provided under 11 usc 522d the exemptions available for bankruptcy debtors in north carolina depend upon the law of north carolina

assistant: The best answer is C. holding that a foreclosure sale was not complete under north carolina law until after the tenday statutory period of redemption had expired
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 and after the Employment Period, Employee shall maintain the secrecy and confidentiality of the Trade Secrets and the Confidential Information. If Employee is required to disclose Confidential Information pursuant to a subpoena, court order, statute, law, rule, regulation or other similar requirement (a “Legal Requirement”), then Employee shall provide prompt notice of such Legal Requirement to GP Strategies to the extent permitted by law. Employee shall take reasonable steps to assist GP Strategies in contesting such Legal Requirement and in obtaining a protective order or otherwise protecting GP Strategies’ rights with respect to such Confidential Information to the extent permitted by law. This Agreement does not prohibit Employee from reporting possible violations of law or regulation to any governmental agency or entity or making any disclosures protected under the whistleblower provisions of any applicable law or regulation. Employee does not need the prior authorization of GP Strategies to make any such reports or disclosures and is not required to notify GP Strategies that Employee has made such reports or disclosures.

assistant: Confidentiality