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: particular set of circumstances depends on the nature of the governmental function involved and the private interest affected by the governmental action.” Arctic Structures, Inc. v. Wedmore, 605 P.2d 426, 436 (Alaska 1979); see also McMillan v. Anchorage Community Hosp., 646 P.2d 857, 863-64 (Alaska 1982). The crux of due process is an opportunity to be heard and the right to adequately represent one’s interests. Matanuska Maid, Inc. v. State, 620 P.2d 182, 192 (Alaska 1980) (citing Hansberry v. Lee, 311 U.S. 32, 42, 61 S.Ct. 115, 118, 85 L.Ed. 22, 27 (1940)). Due process is satisfied if the statutory procedures provide an opportunity to be heard in court at a meaningful time and in a meaningful manner. Mathews v. Eldridge, 424 U.S. 319, 333, 96 S.Ct. 893, 901, 47 L.Ed.2d 18, 32 (1976) (<HOLDING>). Identification of the specific dictates of Options: A. holding that where a statute provides a procedure for judicial review of a bid protest a party may not circumvent the established procedures and was obligated either to pursue its right to judicial review or to file its declaratory judgment action in compliance with the procedures for administrative appeal set out in the statute B. holding administrative tribunal need not mirror judicial procedures C. holding exhaustion is required regardless of the relief offered through administrative procedures D. holding that the parties having chosen a different tribunal may not reinstate judicial tribunals to resolve the controversy E. holding the antiinjunction act inapplicable unless tribunal is performing a state judicial function

assistant: The best answer is B. holding administrative tribunal need not mirror judicial procedures
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: a talismanic invocation” of pleading rules). 7 . United States v. Ratcliff, 488 F.3d 639, 643 (5th Cir.2007) (emphasis added). 8 . United States v. Robertson, 110 F.3d 1113, 1118 (5th Cir.1997). 9 . See 26 U.S.C. § 7201. 10 . See id. § 7203. 11 . See United States v. Marashi, 913 F.2d 724, 736 (9th Cir.1990) ("Section 7206(1) is a perjury statute.... ”). 12 . United States v. Loe, 262 F.3d 427, 435 n. 5 (5th Cir.2001) (citing United States v. Mann, 161 F.3d 840, 848 (5th Cir.1998)). 13 . United States v. Fontenot, 628 F.2d 921, 923 (5th Cir.1980) (requiring the government to prove "both falsity as to a material matter in the tax return and knowledge of such falsity by the accused at the time” the taxpayer signed the return); United States v. Jernigan, 411 F.2d 471, 473 (5th Cir.1969) (<HOLDING>). 14 . United States v. Clayton, 506 F.3d 405, Options: A. holding that fraud claim requires proof that the defendant made a material representation that was false B. holding that a false representation of a material matter of fact is a necessary element of a rescission claim C. holding implied false certifications must be material to the governments payment decision in order to be actionable under the false claims act D. holding that the offense requires that the return be false as to a material matter E. holding that absent a false return no damages could be recovered in an action for mandamus

assistant: The best answer is D. holding that the offense requires that the return be false as to a material matter
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: Ohms, 881 P.2d at 849 (quoting In re Criminal Investigation, 754 P.2d 633, 642 (Utah 1988)). ¶ 85 Indeed, it is the judicial article itself, Article VIII, section 13, that establishes the Judicial Conduct Commission and specifically recognizes the judicial nature of the powers the Commission is authorized to exercise by mandating that this Court review all Commission findings pertaining to recommended discipline of judges and by requiring that actual orders of discipline be entered by the Court, not the Commission. See Utah Const, art. VIII, § 13; In re Worthen, 926 P.2d at 863. Other jurisdictions have also held judicial conduct commissions with similar authority to be within the judicial branch. See Whitehead v. Nevada Comm. on Jud. Discipline, 110 Nev. 874, 878 P.2d 913 (1994) (<HOLDING>). ¶ 86 Any attempt by the Legislature, Options: A. holding that central assessment by the unit method of valuation did not violate the equal protection clause of the united states constitution or the uniform operation of laws provision in the utah constitution B. holding that because the due process clause in the federal constitution is applicable to the states under the fourteenth amendment the right is also guaranteed to defendants pursuant to the identical provision in article i section 5 of the hawaii constitution C. holding that executive branch prosecution of disciplinary charges against a judge violated the separation of powers provision in the nevada constitution a provision identical to article v section 1 of the utah constitution D. holding that pullman abstention should not be invoked to avoid interpreting state law constitutional questions when the provision of the state constitution at issue mirrors a provision of the federal constitution E. holding that the presidential privilege is inextricably rooted in the separation of powers under the constitution

assistant: The best answer is C. holding that executive branch prosecution of disciplinary charges against a judge violated the separation of powers provision in the nevada constitution a provision identical to article v section 1 of the utah constitution
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Employee shall not, directly or indirectly, use any Confidential Information for any purpose other than the benefit of a Banking Organization, and shall not directly or indirectly, disclose, communicate, deliver, exhibit or provide any Confidential Information to any Person, except other Employees or Agents of a Banking Organization who have a need to know such Confidential Information for a proper corporate or business purpose, as required in the normal course of Employee’s service as an employee.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: in the event of a loss — is responsible for the language employed. Furthermore, the purpose of the contract being to provide insurance coverage, an interpretation of doubtful terms which construes the language to provide such coverage tends to effectuate the presumed good faith intent of the contracting parties. Burdett, 419 F.2d at 248-49. For these reasons, the insurer, not the insured, bears the burden of proving the applicability of an exclusion in its policy. Cont’l Ins. Co. v. Louis Marx Co., 64 Ohio St.2d 399, 415 N.E.2d 315, 317 (1980). Courts should not, however, construe an insurance contract against the insurer in the absence of ambiguity in its language. Karabin v. State Auto. Mut. Ins. Co., 10 Ohio St.3d 163, 462 N.E.2d 403, 406 (1984); see also King, 519 N.E.2d at 1383 (<HOLDING>). To restate the applicable law simply: we use Options: A. holding that an insurance contract should be construed as a reasonable person in the position of the insured would have understood it and that if the language used in the policy is reasonably susceptible to different constructions it must be given the construction most favorable to the insured B. holding that a governments consent to be sued must be construed strictly in favor of the sovereign C. holding that only if provisions in an insurance contract are open to more than one interpretation should it be construed strictly against the insurer and liberally in favor of the insured D. holding ambiguities are strictly construed against the insurer as drafter E. holding that the workers compensation act is to be liberally construed in the employees favor and any doubt in its construction is thus resolved in favor of the employee

assistant: The best answer is C. holding that only if provisions in an insurance contract are open to more than one interpretation should it be construed strictly against the insurer and liberally in favor of the insured
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: Electronic Signatures . This Agreement may be executed in any number of and by different parties hereto on separate counterparts, all of which, when so executed, shall be deemed an original, but all such counterparts shall constitute one and the same agreement . Any signature d elivered by a party by electronic transmission (i.e., .pdf) shall be deemed to be an original signature hereto.

assistant: Counterparts
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 to matters that would not reasonably be expected to have, individually or in the aggregate, a Material Adverse Effect: (a) Holdings, the Borrower each Loan Party and each of the subsidiaries owns, or possesses the right to use, all of the patents, trademarks, service marks, trade names, copyrights, mask works, domain names, applications and registrations for any of the foregoing, technology, trade secrets, proprietary information, software, know-how, processes and other intellectual property rights (collectively, “ Intellectual Property Rights ”) that are reasonably necessary for the operation of their respective businesses, without conflict with the rights of any other person; (b) to the knowledge of each Loan Party , Holdings, the Borrower and the subsidiaries are not interfering with, infringing upon, misappropriating or otherwise violating Intellectual Property Rights of any person; and (c) no claim or litigation regarding any of the foregoing is pending or, to the knowledge of each Loan Party, threatened.

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 case excerpt and choose the best holding from the options. Case excerpt: describing the “same rate" representation made to White Mountain Advisors, the SAC alleges that "BNYM made this false representation [presumably referring to the “same rate” representation] systematically.” It then noted that the Bank had a policy with respect to ERISA plans. SAC ¶ 84. This is insufficient to allege with particularity that the Bank directed the statement of its ERISA policy to ERISA clients. 257 . United States ex rel. Bledsoe v. Community Health Sys., Inc., 501 F.3d 493, 511 (6th Cir.2007). 258 . The Court need not decide whether representative examples need not be pled if the SAC were adequately to allege that a representation was disseminated to ERISA clients through a particular mechanism. The SAC fails to make such allegations here. 259 . Autuori, 212 F.3d at 118 (<HOLDING>). 260 . Remington Rand Corp. v. Options: A. holding that erisas duty of loyalty creates a duty to disclose certain information to beneficiaries B. recognizing that there may be liability for mail fraud where defendant omits information it has duty to disclose C. holding that the prosecution may establish the intent element of mail fraud by proving that the defendant was reckless D. holding defendant owes a duty to disclose where the defendant alone has knowledge of material facts which are not accessible to the plaintiff E. holding the government has an affirmative duty to disclose exculpatory evidence to a criminal defendant

assistant: The best answer is B. recognizing that there may be liability for mail fraud where defendant omits information it has duty to disclose
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 agrees that during Executive’s employment with the Company hereunder and thereafter, he/she will not, either directly or indirectly, disparage, defame, or besmirch the reputation, character, or image of the Company or its products, services, employees, directors, or officers.

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: You agree that you will not disclose the existence or terms of this Agreement to any other employees of the Company or third parties with the exception of your accountants, attorneys, financial advisors, spouse, or domestic partner, and shall ensure that none of them discloses such existence or terms to any other person, except as required by applicable law. If the existence or terms of this Agreement are disclosed by you other than as provided above, then at the discretion of the Company (i) RSUs, to the extent they remain subject to restriction, shall terminate automatically on the date on which the disclosure occurred and (ii) you shall pay to the Company in cash any financial gain you received with respect to this Award within the 12-month period immediately preceding such disclosure.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: tit. 47, § 1151(E). Section 11-406 provides for a narrow exception to this general prohibition for “implements of husbandry” driven on roadways other than highways. Okla. Stat. tit. 47, § 11^406. Contrary to Plaintiffs’ argument, the ATV operator’s purpose in driving on a roadway does not determine whether the ATV operator violated § 1151. Rather, the mere act of driving an ATV on a street or highway is a violation of § 1151. The ATV operator’s purpose is relevant only to determine whether his otherwise unlawful conduct is deemed lawful under the narrow exception in § 11-406. To adopt Plaintiffs’ proposed interpretation of Oklahoma law would render the general prohibition of ATVs on Oklahoma streets and highways in § 1151 meaningless. See TWA v. McKinley, 749 P.2d 108, 110 (Okla.1988) (<HOLDING>). Because the jury could have found that Options: A. holding that statutes are to be interpreted in accordance with the legislative intent and in a manner that will not render the statutes application absurd unreasonable or unjust internal quotation marks and citation omitted B. recognizing that the two statutes are nearly identical C. holding when two statutes cover the same general subject the statutes are construed together in order to arrive at the legislative intent in any particular section D. holding statutes are not applied retroactively absent clear legislative intent E. recognizing that the doctrine of in pari materia requires that statutes relating to the same subject be construed together to harmonize the statutes and give effect to legislative intent

assistant: The best answer is C. holding when two statutes cover the same general subject the statutes are construed together in order to arrive at the legislative intent in any particular section
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The execution, delivery, and performance by the Seller of this Agreement and each other agreement, document, instrument, certificate or obligation contemplated by this Agreement or in connection with the consummation of the transactions contemplated hereby, including the Ancillary Documents, (a) are within the Seller’s corporate powers and (b) have been duly authorized by all necessary corporate action on the part of the Seller and does not (or would not with the giving of notice, the passage of time or the happening of any other event or circumstance) result in a breach or a violation of, or conflict with, any of the Seller’s Organizational Documents or the Organizational Documents of the Company.

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: The Company shall be entitled to withhold from amounts to be paid to the Executive hereunder any federal, state or local withholding or other taxes or charges which it is from time to time required to withhold. The Company shall be entitled to rely on an opinion of National Tax Counsel if any question as to the amount or requirement of any such withholding shall arise. In addition, if prior to the date of payment of any amount hereunder, the Federal Insurance Contributions Act (“FICA”) tax imposed under Code Sections 3101, 3121(a) and 3121(v)(2), where applicable, becomes due, a payment will be made to the Executive from the cash payments otherwise owing hereunder (without regard to the six-month delay if Executive) equal to the amount needed to pay the Executive's portion of such tax, as well as withholding taxes resulting therefrom (including the additional taxes attributable to the pyramiding of such distributions and taxes), and any subsequent payment shall be reduced accordingly.

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: The agreements in this Section 11.04 and the indemnity provisions of Section 11.02(e) shall survive the resignation of the Administrative Agent, the L/C Issuer and the Swingline Lender, the replacement of any Lender, the termination of the Aggregate Commitments and the repayment, satisfaction or discharge of all the other Obligations.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the Tenth Circuit upheld the district court’s determination that an interpreter was not required for the defendant, a Mexican natural, who occasionally spoke English, spoke English with his lawyer and during the court proceedings, and who had never requested an interpreter. Though not all states have the equivalent of the Act to guide their courts with decisions regarding the appointment of an interpreter, similar principles can be discerned from case law. For example, other states’ laws similarly provide that a court’s obligation to provide a non-English speaking defendant with an interpreter is not triggered absent a request by a defendant or some obvious manifestation of a significant language difficulty. See, e.g., People v. Atsilis, 60 Mich.App. 738, 231 N.W.2d 534, 535 (1975) (<HOLDING>); State v. Woo Won Choi, 55 Wash.App. 895, 781 Options: A. holding that where no factual dispute is raised no hearing is required B. holding where there is no duty to defend there is no duty to indemnify C. holding that a trial judge is under no duty to affirmatively establish a defendants proficiency in english where no evidence on the issue is presented D. holding that if no evidence was presented to support the prevailing party there is no evidence upon which to apply the substantial evidence test and therefore the capricious disregard standard applies E. holding that trial court has no duty to establish waiver on record

assistant: The best answer is C. holding that a trial judge is under no duty to affirmatively establish a defendants proficiency in english where no evidence on the issue is presented
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Upon the Effective Date and in consideration of the distributions to be made hereunder, except as otherwise expressly provided herein, each holder (as well as any representatives, trustees, or agents on behalf of each holder) of a Claim or Existing BBEP Equity Interest and any affiliate of such holder shall be deemed to have forever waived, released, and discharged the Debtors, to the fullest extent permitted by section 1141 of the Bankruptcy Code, of and from any and all Claims, Existing BBEP Equity Interests, rights, and liabilities that arose prior to the Effective Date. Upon the Effective Date, all such Persons shall be forever precluded and enjoined, pursuant to section 524 of the Bankruptcy Code, from prosecuting or asserting any such discharged Claim against or terminated Existing BBEP Equity Interest in the Debtors.

assistant: Releases
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 for the Chapter 11 Cases and the Recognition Proceedings, there are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of any Responsible Officer after reasonable inquiry, threatened in writing, at law, in equity, in arbitration or before any Governmental Authority, by or against any Borrower Party, or any of their properties or revenues that (a) purport to affect or pertain to this Agreement or any other Loan Document, or the transactions contemplated hereby or thereby, or (b) either individually or in the aggregate, if determined adversely, could reasonably be expected to have 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: Each Party agrees that, in connection with the performance and exercise of its rights and obligations under this Agreement, it will comply with all applicable Law, including without limitation the FCPA and /or all applicable Anti-Corruption Laws. In particular, neither Party nor any of its directors, officers, employees or agents will, directly or indirectly, make, offer, promise, authorize, solicit or accept any unlawful payment, kickback, gift, rebate, or other thing of value to, from, or for the benefit of any Person to obtain or retain business for or with, or to direct business to, any Person.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All authorizations, approvals or permits, if any, of any governmental authority or regulatory body of the United States or of any state that are required in connection with the lawful issuance and sale of the Shares and Warrants, as applicable, pursuant to this Agreement shall be obtained and effective as of the Closing.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The provisions of this Note shall be deemed separable. Therefore, if any part of this Note is rendered void, invalid or unenforceable, such rendering shall not affect the validity or enforceability of the remainder of this Note.

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 case excerpt and choose the best holding from the options. Case excerpt: by sufferance of the State for a considerable period of time. And although no tenancy under property concepts was thereby created, we think that this long acquiescence by the government has given rise to a reasonable expectation of privacy on the part of the [squatters], at least with respect to the interior of the building itself. Id. at 640. In addition to those courts which have invoked policy grounds to deny standing to “squatters,” other courts have merely questioned whether a squatter could have a legitimate expectation of privacy in the premises searched. See Amezquita v. Hernandez-Colon, 518 F.2d 8, 11-12 (1st Cir. 1975) (stating that squatters on public land could not avail themselves of Fourth Amendment protection); State v. Gilmore, 324 Mont. 488, 104 P.3d 1051, 1055 (2004) (<HOLDING>); State v. Cruz, 15 Kan.App.2d 476, 809 P.2d Options: A. holding that trespasser did not have expectation of privacy in bedroom where he did not pay rent and had been asked to leave B. holding that a lessee of a home could not consent to a search of a bedroom that was used exclusively by a temporary gratuitous guest because the guest had an expectation of privacy in the bedroom C. holding that a landlords acceptance of rent turned a trespasser to a tenant at sufferance D. holding that defendant did not have a reasonable expectation of privacy in statements made to companion while seated in police car E. holding that a defendants sister could consent to a search of only the common areas of their shared house and her own bedroom and explicitly stating that the sister could not consent to search the defendants bedroom because the defendant had a reasonable expectation of privacy in her own bedroom

assistant: The best answer is A. holding that trespasser did not have expectation of privacy in bedroom where he did not pay rent and had been asked to leave
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: violated Plaintiffs’ due process rights under the Fifth Amendment and their rights against excessive fines under the Eighth Amendment arising out of the forfeiture of and refusal to return Plaintiffs’ assets. These claims were properly dismissed under the doctrines of absolute prosecutorial and qualified immunity. Absolute prosecutorial immunity applies where a prosecutor’s activities are “intimately associated with the judicial phase of the criminal process.... ” Imbler v. Pachtman, 424 U.S. 409, 430, 96 S.Ct. 984, 47 L.Ed.2d 128 (1976). This Court has stated that prosecutorial immunity extends to proceedings where the prosecutor institutes a civil forfeiture proceeding. Cooper v. Parrish, 203 F.3d 937, 947 (6th Cir.2000); accord Schrob v. Catterson, 948 F.2d 1402, 1412 (3d Cir.1991) (<HOLDING>). Prosecutorial immunity shields a prosecutor Options: A. holding that the considerations underlying absolute prosecutorial immunity at common law dictate the same absolute immunity under 1983 B. holding discovery rules apply to civil forfeiture proceedings C. holding that absolute prosecutorial immunity extends to civil forfeiture proceedings D. recognizing the availability of summary judgment based on absolute prosecutorial immunity E. holding that exclusionary rule applies to civil forfeiture proceedings

assistant: The best answer is C. holding that absolute prosecutorial immunity extends to civil forfeiture 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: It is understood and acknowledged that there are no oral agreements between the parties hereto affecting this Lease and this Lease supersedes and cancels any and all previous negotiations, arrangements, brochures, agreements and understandings, if any, between the parties hereto or displayed by Landlord to Tenant with respect to the subject matter thereof, and none thereof shall be used to interpret or construe this Lease. This Lease and any side letter or separate agreement executed by Landlord and Tenant in connection with this Lease and dated of even date herewith contain all of the terms, covenants, conditions, warranties and agreements of the parties relating in any manner to the rental, use and occupancy of the Premises, shall be considered to be the only agreement between the parties hereto and their representatives and agents, and none of the terms, covenants, conditions or provisions of this Lease can be modified, deleted or added to except in writing signed by the parties hereto. All negotiations and oral agreements acceptable to both parties have been merged into and are included herein. There are no other representations or warranties between the parties, and all reliance with respect to representations is based totally upon the representations and agreements contained in this Lease.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: To Borrower’s knowledge, Borrower is presently in compliance in all material respects with all applicable governmental requirements to which Borrower, or any of Borrower's assets or properties, is subject, except where the failure to so comply could not reasonably be expected to have a material adverse effect on Borrower.

assistant: Compliance With 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: crime, or is necessary to complete the story of the crime for the jury. And evidence is inextricably intertwined with the evidence regarding the charged offense if it forms an integral and natural part of the witness’s accounts of the circumstances surrounding the offenses for which the defendant was indicted. Nonetheless, evidence of criminal activity other than the charged offense, whether inside or outside the scope of Rule 404(b), must still satisfy the requirements of Rule 403. United States v. Edouard, 485 F.3d 1324, 1344 (11th Cir.2007) (citations, quotation marks, and emphasis omitted) (second alteration in original). “Mere corroboration of testimony ... fails to justify the introduction of unrelated bad acts.” United States v. Lehder-Rivas, 955 F.2d 1510, 1518 (11th Cir.1992) (<HOLDING>). In this case, there is evidence of a Options: A. holding trial court did not abuse its discretion in admitting highly probative and relevant evidence of other crimes B. holding that the issue was more appropriately framed as whether the trial court abused its discretion by admitting the evidence at trial C. holding district court abused its discretion in admitting state court findings of fact D. holding that bjecause lehders method of labeling his cocaine packages was not critical to the prosecutions establishment of a conspiracy the district court abused its discretion by admitting this highly prej udicial evidence E. holding that a district court did not abuse its discretion in excluding the testimony of a witness that was not highly probative

assistant: The best answer is D. holding that bjecause lehders method of labeling his cocaine packages was not critical to the prosecutions establishment of a conspiracy the district court abused its discretion by admitting this highly prej udicial evidence
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 Employee shall be employed on a full-time basis, as the Chief Financial Officer of the Company. In such capacity, the Employee shall be responsible for such duties and any other responsibilities reasonably assigned by the Company from time to time. The Employee shall report to the Chief Executive Officer of the Company.

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: from the IRS, and then file a refund suit in the Court of Federal Claims or in a district court. See 28 U.S.C. §§ 1346(a)(1), 1491(a)(1). Alternatively, to avoid having to pay the assessment in question before pursuing a claim, the taxpayer may file a petition with the Tax Court. See Flora, 362 U.S. at 163, 80 S.Ct. 630 (describing Congress’s creation of “a system in which there is one tribunal for prepayment litigation and another for post-payment litigation”). With certain exceptions, if a taxpayer chooses the latter path, and files a petition with the Tax Court, he cannot later maintain suit in the Court of Federal Claims or in a district court to obtain a credit or refund for the same taxable year. IRC § 6512(a); see Smith v. United States, 495 Fed.Appx. 44, 48 (Fed.Cir.2012) (<HOLDING>); cf. Sun Chem. Corp. v. United States, No. Options: A. holding that the united states court of federal claims does not have jurisdiction over a new claim or a claim of different scope that was not previously presented and certified to the contracting officer for decision B. holding that because it fell within the exclusive jurisdiction of the united states court of international trade the united states court of federal claims lacked jurisdiction over a matter that was protested or protestable C. holding that the united states court of federal claims lacks jurisdiction over claims sounding in tort including fraud D. holding that the united states court of federal claims lacked jurisdiction over claims arising from the violation of a criminal statute E. holding that the court of federal claims correctly found that irc 6512a precluded it from exercising jurisdiction because the taxpayer had previously filed tax court petitions seeking redetermination of the same liabilities citing solitron devices v united states 862 f2d 846 848 11th cir1989

assistant: The best answer is E. holding that the court of federal claims correctly found that irc 6512a precluded it from exercising jurisdiction because the taxpayer had previously filed tax court petitions seeking redetermination of the same liabilities citing solitron devices v united states 862 f2d 846 848 11th cir1989
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 Series 2016-1 Supplement may be executed in any number of counterparts and by different parties hereto on separate counterparts, each of which counterparts, when so executed and delivered, shall be deemed to be an original and all of which counterparts, taken together, shall constitute one and the same Series 2016-1 Supplement.

assistant: Counterparts
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: designed to prevent the jury from learning that Appellant is an illegal alien. The stipulation is discussed in Issue 5, infra. Here, Appellant asserts that he and his counsel "had a material disagreement ... concerning a course of action in the representation, which created a conflict of interest.” Appellant’s Brief at 69-70. A "material disagreement” with respect to a course of action in the representation does not constitute a conflict of interest. See text, infra, for discussion of the meaning of conflict of interest. Appellant’s citations to authority do not support his assertions to the contrary. Any claim in this matter sounds in ineffective assistance of counsel, which is properly brought on collateral review. See Commonwealth v. Grant, 572 Pa. 48, 813 A.2d 726, 738 (2002) (<HOLDING>). In a footnote to this sub-claim, Appellant Options: A. holding that a defendant must generally raise claims of ineffective counsel in a collateral proceeding not on direct review B. recognizing that it is the defendants burden to demonstrate a reason to depart from the general practice that a defendant must generally raise claims of ineffective assistance counsel on collateral review C. holding that a petitioner should wait to raise claims of ineffective assistance of trial counsel until collateral review D. holding that review of counsel ineffectiveness claims should be deferred until collateral review E. holding that ineffective assistance of counsel claims should be brought in collateral proceedings not on direct appeal

assistant: The best answer is C. holding that a petitioner should wait to raise claims of ineffective assistance of trial counsel until collateral review
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 an Event of Default (as defined below) occurs, the Holder may, by notice to the Company, declare the principal amount then outstanding of, and the accrued interest on, this Note to be immediately due and payable.

assistant: General
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 subject to and governed by the laws of the Commonwealth of Pennsylvania, excluding any conflicts-of-law rule or principle that might refer the construction or interpretation of this Agreement to the laws of another state. Each Party hereby submits to the jurisdiction of the state and federal courts in the Commonwealth of Pennsylvania and to venue in the state and federal courts in Allegheny County, Pennsylvania.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Assign a manager as the authorizing manager for the system and for any common controls inherited by the system; ensure that the authorizing manager, before commencing operations: (1) authorizes the system for processing; and (2) authorizes the common controls inherited by the system; and ensure regular updates to authorizations.

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 case excerpt and choose the best holding from the options. Case excerpt: Palladino have not shown that on the face of Plaintiffs’ Complaint their alleged misconduct was distinct from the kinds of behavior clearly established as unconstitutional sexual harassment. See, e.g., Beardsley v. Webb, 30 F.3d 524, 530-31 (4th Cir.1994) (acknowledging that sexual harassment is a question of fact but holding in affirming a denial of qualified immunity, that “[n]o male officer could reasonably have thought in 1992 that it was not sexual harassment to announce that it was his turn to make out with a women who was subject to his command”). Defendants Dorrance and Palladino are, therefore, not entitled to a Rule 12(b)(6) dismissal of Plaintiffs’ sexual harassment claims on the basis of a qualified immunity defense. See Trulock v. Freeh, 275 F.3d 391, 406 (4th Cir.2001) (<HOLDING>). In regard to the qualified immunity claims of Options: A. holding that defendants are not entitled to qualified immunity B. holding a rule 12b6 dismissal inappropriate where defendants have done nothing more than offer their bald assertions that they are entitled to qualified immunity C. holding trial court improperly granted dismissal on ground of immunity because the defendant had qualified statutory immunity rather than absolute immunity D. holding that the employers bald assertions that the officers thought that they were in compliance with the act did not satisfy the good faith requirement E. holding that the defendants were entitled to qualified immunity where the plaintiff failed to demonstrate that speech was public concern

assistant: The best answer is B. holding a rule 12b6 dismissal inappropriate where defendants have done nothing more than offer their bald assertions that they are entitled to qualified immunity
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 to the limited extent necessary to comply with applicable Law, legal process, or a court order or to enforce a final settlement agreement or secure enforcement or vacatur of the arbitrators’ award, the Parties agree that the existence, terms and content of any Arbitration, all information and documents disclosed in any Arbitration or evidencing any arbitration results, award, judgment or settlement, or the performance thereof, and any allegations, statements and admissions made or positions taken by either Party in any Arbitration shall be treated and maintained in confidence and are not intended to be used or disclosed for any other purpose or in any other forum.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: felon disenfranchisement, either regulatory or punitive. Instead, Article 120 merely lays out the substantive voting requirements, including the newly enacted exclusion of incarcerated felons. Beyond the language of the provision, it is possible that the “broader structure” of the provision may provide some indication of its purpose. Id. The majority relies on the placement of Article 120 within the Commonwealth’s civil voter qualification provisions, rather than in its criminal code, to infer a regulatory purpose. But while manner of codification is certainly one factor relevant to ascertaining the nature of a provision, the Supreme Court has held that ion of a statute as ‘non-penal’ would not alter the fundamental nature of a plainly penal statute.” Trop, 356 U.S. at 95, 78 S.Ct. 590 (<HOLDING>); see also One Assortment of 89 Firearms, 465 Options: A. recognizing that because the drafters of the connecticut penal code relied heavily upon the penal code of new york it is appropriate to look to new york statutory and case law for guidance in interpreting connecticut penal code B. holding that in presence of any doubt a penal statute is to be strictly construed C. holding that a statute stripping army deserters of citizenship is a penal law despite its codification amidst the regulatory provisions of the nationality act D. holding that the provisions of the federal fair housing act 42 usca 36013631 1977 which are similar to the provisions in the dade county code are not penal in nature or effect E. holding that fha claim survives death of a defendant because the provisions are remedial not penal

assistant: The best answer is C. holding that a statute stripping army deserters of citizenship is a penal law despite its codification amidst the regulatory provisions of the nationality 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: Subject to the restrictions contained in the Plan, the Committee may amend the terms of this Agreement, prospectively or retroactively, but, subject to Section 7 above, no such amendment shall impair the rights of the Director hereunder without the Director'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 case excerpt and choose the best holding from the options. Case excerpt: accepts service must be shown to have been authorized to bind his principal by the acceptance of process.” Schwarz v. Thomas, 222 F.2d 305, 308 (D.C.Cir.1955); see also 4A Wright & Miller § 1097 at 85-86 (“[D]efendant’s attorney probably will not be deemed an agent appointed to receive process absent a factual basis for believing that an appointment of this type has taken place.”). Thus, an attorney is not authorized to receive service of process solely by reason of the attorney’s status as counsel. Durbin Paper Stock Co. v. Hossain, 97 F.R.D. 639, 639 (S.D.Fla.1982) (citing Ransom, v. Brennan, 437 F.2d 513, 518 (5th Cir.), cert. denied, 403 U.S. 904, 91 S.Ct. 2205, 29 L.Ed.2d 680 (1971)); see also Stone v. Bank of Commerce, 174 U.S. 412, 421, 19 S.Ct. 747, 750-51, 43 L.Ed. 1028 (1899) (<HOLDING>). If agency is to be implied, “ ‘it must be Options: A. holding that a clerical employee was not an agent authorized to accept service of process for the corporation B. holding attorney cannot accept service of process which commences the action without any authority to do so from his principal C. holding that an attempted service on the partys counsel was insufficient without proof of the counsels actual authority to receive service D. holding that service is not avoided by service on a partys attorney as service on an attorney is ineffective unless he has been authorized to accept such service E. holding that while a purported agent must possess actual authority to accept service of process such authority may be implied rather than express

assistant: The best answer is B. holding attorney cannot accept service of process which commences the action without any authority to do so from his principal
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: Company and each of its Subsidiaries (i) has complied with and (ii) is not under investigation with respect to, and, to Company’s knowledge, have not been threatened to be charged with or given any notice of any material violation of any applicable statutes, rules, regulations, orders and restrictions of any domestic or foreign government, or any instrumentality or agency thereof, having jurisdiction over the conduct of its business or the ownership of its properties, except where any such failure to comply or violation would not reasonably be expected to have a Material Adverse Effect on Company or any of its Subsidiaries.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall be interpreted and administered in a manner so that any amount or benefit payable hereunder shall be paid or provided in a manner that is either exempt from or compliant with the requirements of Section 409A of the Code and applicable Internal Revenue Service guidance and Treasury Regulations issued thereunder (and any applicable transition relief under Section 409A of the Code).

assistant: General