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: as factual allegations. Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007) (citing Papasan v. Allain, 478 U.S. 265, 286, 106 S.Ct. 2932, 92 L.Ed.2d 209 (1986)). A viable complaint must include “enough facts to state a claim to relief that is plausible on its’face.” Twombly, 550 U.S. at 554, 127 S.Ct. 1955 (rejecting the traditional 12(b)(6) standard set forth in Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 2 L.Ed.2d 80 (1957)), “Factual allegations must be enough to raise a right to relief above the speculative level.” Id at 555,127 S.Ct. 1955. See also Ashcroft v. Iqbal, 556 U.S. 662, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009) (quoting Twombly, 550 U.S. at 554, 127 S.Ct. 1955, and providing further guidance on the standard set forth therein) (<HOLDING>). In deciding the defendants’ motion, the court Options: A. holding that while the complaint need not contain detailed factual allegations it must contain more than a formulaic recitation of the elements of a claim and must state a claim that is plausible on its face B. holding that a complaint must contain enough facts to state a claim to relief that is plausible on its face C. holding that a plaintiffs complaint must contain sufficient factual matter accepted as true to state a claim to relief that is plausible on its face that is factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged D. holding that a complaint must contain only enough facts to state a claim to relief that is plausible on its face E. recognizing that to survive dismissal a complaint must contain sufficient factual matter accepted as true to state a claim to relief that is plausible on its face internal quotation marks omitted

assistant: The best answer is A. holding that while the complaint need not contain detailed factual allegations it must contain more than a formulaic recitation of the elements of a claim and must state a claim that is plausible on its face
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: (3) leaving the car at the nearby home of one of the passengers. To ensure the validity of its impound-ments, the Houston Police Department has established a written policy for its officers to follow when the owner is taken into custody. That policy provides the following: Prisoners are responsible for the disposition of their vehicles unless such vehicles are subject to seizure or needed as evidence. Prisoners will choose one of the following alternatives for the disposition of them vehicles: a.Release to Another Party. The vehicle may be released to a third person. Officers must ensure the third person has a valid driver’s license and insurance before being allowed to operate the vehicle. b. Leave Vehicle Parked. Vehi egardless of police procedure. See Stephen, 677 S.W.2d at 44 n. 1 (<HOLDING>). The third alternative, a prisoner-requested Options: A. holding that release discharges only those tortfeasors specifically named in the release agreement B. holding that a release between two parties cannot bind a thirdparty who was a stranger to the release C. holding that inclusion of a general release was merely a suggestion of how to terminate the lawsuit and that acceptance was not qualified on use of the specific release and party was willing to discuss the terms of a release D. holding that release discharges only persons named in or sufficiently described by terms of release E. holding that a policy that only allowed release to relatives was much too narrow

assistant: The best answer is E. holding that a policy that only allowed release to relatives was much too narrow
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: Employee shall be eligible to participate in such medical, dental, disability, retirement, life insurance, and other employee benefits on the same basis as may be provided to other similarly-situated employees of the Employer. As to all other benefits to which Employee may be entitled in parity with all other employees, such benefits may be created, changed, or terminated from time to time in the Employer’s, as applicable, sole discretion.

assistant: Benefits
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: challenge the computation of the compensatory damages. 7 . Although some of these events did take place prior to the plan’s confirmation, the claims are not barred by res judicata because the breaches ' of fiduciary duty did not occur until well afterward. The pre-confirmation events are looked at only for background, pattern of activity, and for evidence of motive. See n.4, supra. 8 . We also find that the punitive damages were proportional to the compensatory damages, léss than a 2 to 1 ratio, and that there is therefore no need to discuss a possible conflict between Pacific Mutual Life Ins. Co. v. Haslip, 499 U.S. 1, 111 S.Ct. 1032, 113 L.Ed.2d 1 (1991) (suggesting that punitive damages disproportionate to compensatory damages may violate due process), and Kirkbride, 555 A.2d at 803 (<HOLDING>). See Tunis Bros. Co. v. Ford Motor Co., 952 Options: A. holding compensatory and punitive damages constitute legal remedies B. holding that punitive damages are available in an intentional discrimination action even if the jury does not assess compensatory damages C. holding that conduct must be beyond the fraud which supported compensatory damages to award punitive damages D. holding that when compensatory damages are nominal a much higher ratio of punitive damages to compensatory damages can be contemplated E. holding that punitive damages do not need to be proportional to compensatory damages

assistant: The best answer is E. holding that punitive damages do not need to be proportional to compensatory damages
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: prior counsel was filed with the proper disciplinary authorities or explain why no such complaint was filed.” Iturribarria, 321 F.3d at 900. Here, it is undisputed that petitioner failed to comply with the Matter of Lozada requirements. Further, counsel’s alleged ineffective performance is not clear from the record. In fact, at the end of the asylum hearing, the Immigration Judge commented that petitioner’s attorney had done an “excellent” job. Most importantly, petitioner has not demonstrated that the outcome of his case would have been any different had counsel informed him of the BIA’s decision in a timely manner. Accordingly, petitioner has failed to show prejudice from counsel’s alleged ineffective representation. See Rojas-Garcia v. Ashcroft, 339 F.3d 814, 825-26 (9th Cir.2003) (<HOLDING>); Iturribarria, 321 F.3d at 899-900 (in order Options: A. holding waiver ineffective but finding no need to remand and affirming denial of section 2255 motion when defendant did not specify any basis for claim of ineffective assistance B. holding in context of sixth amendment ineffective assistance of counsel based on asserted failure of counsel to file appeal established prejudice per se for purpose of establishing habeas review jurisdiction as if proven such failure constitutes denial of a fundamental constitutional right C. holding that failure to file brief on appeal to bia constitutes ineffective assistance but affirming the denial of habeas because petitioner could not show prejudice D. holding on appeal from a habeas corpus denial that counsel was not ineffective for failure to file a notice of appeal because of defendants escape E. holding that there was no ineffective assistance due to appellate counsels failure to challenge the trial courts denial of the motion to change venue because the defendant failed to show actual prejudice

assistant: The best answer is C. holding that failure to file brief on appeal to bia constitutes ineffective assistance but affirming the denial of habeas because petitioner could not show prejudice
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: to the maximum extent permitted by applicable law , you also expressly agree that we do not assume responsibility for any third-party activity or any other race , contest , class , athletic activity or event that utilizes or is promoted by or accessed via the services .

assistant: Limitation of liability
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 otherwise provided in this letter agreement, no provision hereof shall limit the right of any Party to exercise self-help remedies such as setoff, or to obtain provisional or ancillary remedies, including, without limitation, injunctive relief, sequestration, attachment, garnishment or the appointment of a receiver, from a court of competent jurisdiction before, after or during the pendency of any arbitration or other proceeding. The exercise of any such remedy shall not waive the right of any Party to compel arbitration hereunder.

assistant: Arbitration
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 notices under this Agreement shall be in writing and shall be deemed effective when delivered in person (with respect to the Bank, to the Bank's Corporate Counsel) or when mailed, if mailed by certified mail, return receipt requested. Notices mailed shall be addressed, in the case of Employee, to his last known residential address, and in the case of the Bank, to its corporate headquarters, attention of Corporate Counsel, or to such other address as Employee or the Bank may designate in writing at any time or from time to time to the other party in accordance with this Section.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: to Complete Discovery. 2 . PL’s Compl. 120. 3 . Officer Synder is a police officer with the Philadelphia Police Department who was a deputized Federal Officer with the FBI at the time of the events giving rise to this suit. 4 . Def.’s Mots. to Compel Ex. B at 3. 5 . Pl.’s Dep. at 117. 6 . Pl.’s Resp. to Def.’s Mot. at 8. 7 . In her Response to the Motion, Robinson states: "Upon information and belief, it appears as if the government is maintaining the position that [Robinson] is permitted to testify to any and all matters relating to her conversations with the FBI." Pl.'s Resp. to Def.’s Mot. at 8. 8 . Def.’s Mots, to Compel Ex. B at 3. 9 . Fed.R.Civ.P. 45(a)(1)(C). 10 . Vt. Agency of Nat’l Res. v. United States ex rel. Stevens, 529 U.S. 765, 780, 120 S.Ct. 1858, 146 L.Ed.2d 836 (2000) (<HOLDING>); see Int'l Primate Prot. League v. Adm'rs of Options: A. holding that the provisions of the false claims act allowing suit imposing liability on any person who presented false claims to the federal government did not allow suits against state governments B. holding that a state or agency is not a person subject to qui tam liability under the false claims act C. holding that standing of a qui tam plaintiff under the false claims act requires an injury to the united states D. holding that a state agency is not a person subject to suit under federal false claims act E. holding that the fca effectively assigns the governments claims to qui tam plaintiffs who then may sue based upon an injury to the federal treasury

assistant: The best answer is B. holding that a state or agency is not a person subject to qui tam liability under the false claims 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 case excerpt and choose the best holding from the options. Case excerpt: (App.1979)); Scottsdale Unified Sch. Dist. No. 48 of Maricopa County v. KPNX Broad. Co., 188 Ariz. 499, 503, 937 P.2d 689, 693 (App.1997), vacated on other grounds by Scottsdale Unified Sch. Dist. No. 48 of Maricopa County v. KPNX Broad. Co., 191 Ariz. 297, 300-01, 955 P.2d 534, 537-38 (1998). 4 . From the context, we presume this to have referred to department reports or other departmental records. 5 . To the extent that a custodian's mistake might inform the promptness of the disclosure (and thus the wrongfulness of the denial), we agree with courts interpreting FOIA that the denial would not be wrongful only if the custodian made reasonable efforts and acted in good faith. See, e.g., Ill. Inst. for Continuing Legal Educ. v. U.S. Dep't of Labor, 545 F.Supp. 1229, 1237 (N.D.Ill.1982) (<HOLDING>) (Emphasis added.). Custodial inattentiveness Options: A. holding that when a plaintiff has no pending foia request with an agency and has not averred that he intends to make foia requests to the agency in the future any claim of future injury is simply too speculative and remote to give him standing B. holding in a case where there was no assertion that the custodian was lying or that she was negligent that a custodian did not improperly withhold a book that was mislaid and stating that no improper withholding within the meaning of the foia occurs when an agency fails to locate documents within the ten day time limit if the agency has made reasonable efforts to locate the documents and if its failure to do so has been in good faith C. holding that the agency did not have an obligation to search for and produce the documents the plaintiff claimed entitlement to because the plaintiffs foia request gave no indication that she sought those particular documents D. holding an agency need not demonstrate that all responsive documents were found and that no other relevant documents could possibly exist E. holding that it was appropriate for the district court to refer to the documents attached to the motion to dismiss since the documents were referred to in the complaint

assistant: The best answer is B. holding in a case where there was no assertion that the custodian was lying or that she was negligent that a custodian did not improperly withhold a book that was mislaid and stating that no improper withholding within the meaning of the foia occurs when an agency fails to locate documents within the ten day time limit if the agency has made reasonable efforts to locate the documents and if its failure to do so has been in good faith
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: court or raise any objections to the Rule 11 colloquy, we review the plea proceeding for plain error. United States v. Martinez, 277 F.3d 517, 524-27 (4th Cir.2002). To demonstrate plain error, a defendant must show that: (1) there was an error; (2) the error was plain; and (3) the error affected his “substantial rights.” United States v. Olano, 507 U.S. 725, 732, 113 S.Ct. 1770, 123 L.Ed.2d 508 (1993). A defendant’s substantial rights are affected if the court determines that the error “influenced the defendant’s decision to plead guilty and impaired his ability to evaluate with eyes open the direct attendant risks of accepting criminal responsibility.” United States v. Goins, 51 F.3d 400, 402-03 (4th Cir.1995) (internal quotation marks omitted); see also Martinez, 277 F.3d at 532 (<HOLDING>). A review of the record reveals that the Options: A. holding that in conjunction an information with a narrow charge and an abstract of judgment indicating that a defendant pled guilty to that charge prove the precise elements of the offense to which the defendant pled guilty B. holding that a defendant must show reasonable probability that but for the error he would not have entered the plea C. holding trial court had broad discretion to disbelieve defendants claim he would not have pled guilty but for counsels error D. holding circuit court had subject matter jurisdiction to accept a guilty plea where defendant was not indicted for the charge to which he pled guilty but signed a sentencing sheet which established defendant was notified of the charge to which he pled guilty E. holding that a defendant must demonstrate that he would not have pled guilty but for the error

assistant: The best answer is E. holding that a defendant must demonstrate that he would not have pled guilty but for the error
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: Promptly, and in any event within 10 days after any Credit Party or any Subsidiary of a Credit Party or any ERISA Affiliate knows of the occurrence of any ERISA Event, the Borrower will deliver to the Administrative Agent and each of the Lenders a certificate of an Authorized Officer of the Borrower setting forth the full details as to such occurrence and the action, if any, that such Credit Party or such Subsidiary of such Credit Party or such ERISA Affiliate is required or proposes to take, and any actions taken or threatened by the IRS, U.S. Department of Labor or PBGC, together with any notices required or proposed to be given by such Credit Party or such Subsidiary of such Credit Party or the ERISA Affiliate to or filed with the PBGC, a Plan participant or the Plan administrator with respect thereto. The Borrower shall promptly and in any event within 5 days after the filing thereof with the IRS, deliver or cause to be delivered to the Administrative Agent and each of the Lenders a copy of each funding waiver request filed with respect to any Plan and all communications received by any Credit Party or any Subsidiary of a Credit Party or, to the best knowledge of the Borrower, any ERISA Affiliate with respect to such request. As soon as is reasonably practicable upon the Administrative Agent’s reasonable request, the Borrower shall cause to be delivered to the Administrative Agent and each of the Lenders each of the following: (i) for the three most recent plan years, annual reports on 5500 Series forms required to be filed with the IRS or the Department of Labor for each Single Employer Plan; (ii) all actuarial reports prepared for the last three plan years for each Single Employer Plan; (iii) a listing of all Multi-Employer Plans, with the aggregate amount of the most recent annual contributions required to be made by any Credit Party or any Subsidiary of a Credit Party or any ERISA Affiliate to each such plan; (iv) any information that has been provided in writing by any Governmental Authority to any Credit Party or any Subsidiary of a Credit Party or any ERISA Affiliate regarding withdrawal liability under any Multi-Employer Plan; and (v) the aggregate amount of the most recent annual payments made to former employees of any Credit Party or any Subsidiary of a Credit Party under any retiree health plan.

assistant: Erisa
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: For the services performed by Executive under this Agreement, the Company shall pay Executive a base salary of Four Hundred Sixty-Five Thousand Dollars ($465,000) per year (“ Base Salary ”). The Base Salary shall be paid in the same increments as the Company’s normal payroll, but no less frequently than monthly, and prorated for any partial year of service during the Employment Term. Executive’s Base Salary shall be reviewed at least annually.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: 523.1 0[ I ][c], 523-71 (15th ed. rev.Mar. 1997). It is the Plaintiffs burden to show by a preponderance of the evidence that the dischargeability exception is warranted. Grogan v. Garner, 498 U.S. 279, 291, 111 S.Ct. 654, 661, 112 L.Ed.2d 755 (1991). The Sixth Circuit Court of Appeals has recently addressed the nondischargeability provision under § 523(a)(4) for debts arising from defal (Bankr.M.D.Fla.1997) (noting that the traditional meaning of the term fiduciary is far too broad for bankruptcy purposes.); Ducey v. Doherty (In re Ducey), 160 B.R. 465, 469 (Bankr.D.N.H.1993) (noting that the term fiduciary in § 523(a)(4) is narrower in scope than the word as traditionally used under sate law); Hartwood Aviation, Inc. v. Hamilton (In re Hamilton), 147 B.R. 779, 783 (Bankr.D.Col.1992) (<HOLDING>). Fowler Bros., 91 F.3d at 1371 (holding that Options: A. holding that an attorney is a fiduciary under section 523a4 B. holding a duty of care without more insufficient to satisfy the fiduciary relationship element of 523a4 the federal courts adopting this narrow interpretation of fiduciary for purposes of the bankruptcy code gen erally hold that an express or technical trust is necessary to trigger the defalcation provision of 523a4 C. holding that the fraud or defalcation prong of 523a4 requires the showing of an express trust D. holding that a statutorilyimposed fiduciary obligation created an express trust fiduciary relationship for purposes of 523a4 E. holding general fiduciary duties of confidence trust loyalty and good faith insufficient to establish the necessary fiduciary relationship for purposes of 523a4

assistant: The best answer is B. holding a duty of care without more insufficient to satisfy the fiduciary relationship element of 523a4 the federal courts adopting this narrow interpretation of fiduciary for purposes of the bankruptcy code gen erally hold that an express or technical trust is necessary to trigger the defalcation provision of 523a4
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: No Receivable has been originated in, or is subject to the laws of, any jurisdiction under which the sale, transfer, assignment, setting over, conveyance or pledge of such Receivable would be unlawful, void, or voidable. Neither any Originator nor Regional Management has entered into any agreement with any Obligor that prohibits, restricts or conditions the assignment of the related Receivable.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as otherwise provided in this Agreement and subject to the Participant’s continuous service with the Company or a Subsidiary, the RSUs will vest in three (3) equal installments on each of the first, second and third anniversaries of the Date of Grant (each twelve (12) month period during which vesting restrictions apply is the “Annual Restricted Period” and the three (3) year period in the aggregate is the “Restricted Period”).

assistant: Vesting
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 irrevocably acknowledges and agrees that this Agreement is not and shall not be deemed to be a solicitation for consents to the Plan. The acceptance of the Plan by each of the Consenting Noteholders will be solicited pursuant to the Disclosure Statement and related ballots in accordance with applicable law, and subject to sections 1125, 1126, and 1127 of the Bankruptcy Code. This Agreement does not constitute, and shall not be deemed to constitute, an offer for the purchase, sale, exchange, hypothecation, or other transfer of securities for purposes of the Securities Act of 1933, as amended, the Securities Exchange Act of 1934, as amended, or any other federal, state, or provincial law or regulation.

assistant: Consents
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 First Amendment may be executed in any number of counterparts and by the different parties hereto on separate counterparts each of which when so executed and delivered shall be an original, but all of which together shall constitute one and the same instrument. This First Amendment may be executed via facsimile or other electronic transmissions.

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: 2678589, at *7 (E.D. Pa. 2011) (relating to lead paint exposure); McField v. Phila. Hous. Auth., 992 F.Supp.2d 481, 487 (E.D. Pa. 2014) (same). 30 . McField, 992 F.Supp.2d at 487. 31 . Id. at 488 (quoting Wright, 479 U.S. at 430, 107 S.Ct. 766) (internal citations omitted). 32 . Wright, 479 U.S. at 429-30, 107 S.Ct. 766. 33 . Johnson vs. Hous. Auth. of Jefferson Parish, 442 F.3d 356, 357 (5th Cir. 2006); DeCambre v. Brookline Hous. Auth., 826 F.3d 1, 12-13 (1st Cir. 2016). 34 . Wright, 479 U.S. at 425, 107 S.Ct. 766. 35 . Id. at 419, 107 S.Ct. 766. 36 . Id. 37 . Id. at 429, 107 S.Ct. 766; see McDowell v. Phila. Hous. Auth., 423 F.3d 233, 236 (3d Cir. 2005) (recognizing a Section 1983 claim against a public housing authority to enforce Section 1437a). 38 . See Johnson, 442 F.3d at 361 (<HOLDING>); DeCambre, 826 F.3d at 1, 13-14 (1st Cir. Options: A. holding congress did not exceed its authority in enacting the mdlea B. holding that because federal regulations have the force of law they may create enforceable rights under 1983 C. holding federal regulations have the force of law and may create enforceable rights D. holding housing statutes create no rights in tenants for purposes of section 1983 E. holding that congress intended to create enforceable rights in participating section 8 tenants to the same extent as it did in enacting the statute implicated in wright

assistant: The best answer is E. holding that congress intended to create enforceable rights in participating section 8 tenants to the same extent as it did in enacting the statute implicated in wright
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: judge refused to allow the testimony. Appellant asserts that the trial court erred in excluding this evidence. An accused in a criminal case is allowed to introduce evidence of a specific good character trait to show that it is improbable that he committed the offense charged, where that character trait is relevant to the offense. See Tex.R. Evid. 404(a)(1); Thomas v. State, 669 S.W.2d 420, 423 (Tex.App.—Houston [1st Dist.] 1984, pet. ref'd). If evidence of a person’s character or character trait is admissible, proof may be made through reputation or opinion testimony. See Tex.R. Evid. 405(a). However, specific instances of conduct are inadmissible to show an inference that the accused did or did not commit the offense. See, e.g., Schmidt v. State, 449 S.W.2d 39, 40 (Tex.Crim.App.1969) (<HOLDING>); Garcia v. State, 819 S.W.2d 667, 668 Options: A. holding that defendant may be entitled to selfdefense instruction even though he did not testify B. holding that it may not C. holding a defendant may testify that he lacked intent while also arguing that if the jury concludes otherwise then it should consider whether his intent was the product of government inducement D. holding that right to testify not denied where inter alia defendant made no objection to his attorneys statements that defendant would not testify and made no request to testify E. holding that while the defendant may offer reputation evidence on his lawabiding character he may not testify that he has never been in trouble

assistant: The best answer is E. holding that while the defendant may offer reputation evidence on his lawabiding character he may not testify that he has never been in trouble
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 representations and warranties contained herein will survive the Closing and the delivery of the Shares until all Note issued to Investor have been converted or redeemed. Neither party will be under any obligation to update or supplement any of its representations or warranties following the Closing due to a change that occurred after the Closing.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: funds may be uploaded to your wallet by using a credit card or any other payment method accepted by noe , by inserting a digital code printed on a nintendo eshop card available in retail , or by any other method communicated by noe .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: You will serve as President and CEO of the Company pursuant to the terms of the letter agreement dated March 21, 2016 between you and the Company (the “ March 21 Agreement ”) until the March 21 Agreement expires on September 21, 2016 (the “ Effective Date ”). As of the Effective Date, and provided you continue providing services under the March 21 Agreement until the Effective Date, you will continue serving as the President and CEO of the Company pursuant to the terms of this letter agreement during the period commencing on the Effective Date and ending on July 1, 2018, unless earlier terminated as provided below (the “ Term ”). During the Term, you will have such customary responsibilities, duties and authority as are normally associated with the positions of President and CEO or as are assigned to you by the Board and will serve as Chairman of the Board, without additional compensation for such service, during any period you have been elected to serve as a Board member by the Company’s stockholders, except as otherwise provided below. Upon any expiration of the term of your service as a member of the Board that occurs during the Term, the Company will nominate you for reelection to the Board by the Company’s stockholders. During the Term, you will be expected to devote substantially all of your working time and efforts to the business and affairs of the Company, provided that you will be permitted to engage in outside business activities (including serving on outside boards or committees) to the extent such activities do not materially interfere with the performance of your duties and responsibilities under this Agreement or violate the terms of Section 5 hereof.

assistant: Employment
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: Notwithstanding any other provision of the Plan or this Agreement to the contrary, by accepting the Award represented by this Agreement, the Participant acknowledges that any incentive-based compensation paid to the Participant hereunder may be subject to recovery by the Company under any clawback policy that the Company may adopt from time to time, including without limitation any policy that the Company may be required to adopt under Section 954 of the Dodd-Frank Wall Street Reform and Consumer Protection Act and the rules and regulations of the U.S. Securities and Exchange Commission thereunder or the requirements of any national securities exchange on which the Shares may be listed. The Participant further agrees to promptly return any such incentive-based compensation which the Company determines it is required to recover from you under any such clawback policy.

assistant: Forfeitures
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: he wanted Graham to speak. Cf. United States v. Corr, 543 F.2d 1042, 1046 (2d Cir.1976) (recognizing directed trades as evidence of manipulation). Graham testified that, as a result, she assumed Broumas controlled the shares in the accounts or at least “had connections” with them. Perhaps most important, Graham recognized, and discussed with Pasztor, the fact that Broumas had “a peculiar way of trading.” J.A. at 306. Although these were “big money trades” involving thousands of shares, and although he was repeatedly buying and selling and paying commissions on the transactions, Graham realized that Broumas was not making any money on the trades. See id. at 380. This economically irrational trading was a large red flag. See Edward J. Mawod & Co. v. SEC, 591 F.2d 588, 595 (10th Cir.1979) (<HOLDING>). At the same time that she was noting these Options: A. holding that the government must show that defendant aided and abetted the specific crime not just the overall scheme B. holding that period of limitations on a patients negligence cause of action began to run when the patient knew or had reason to know about the foreign object left in her body C. holding that defendant could not be liable for distributing defamatory statements unless it knew or had reason to know of statements D. holding that broker willfully aided and abetted manipulative wash and match trades scheme when he knew or had reason to know that such trading was economically irrational E. holding that broker violated 11a and rule llala when he shared in the profits and losses of trades in one of his customers accounts

assistant: The best answer is D. holding that broker willfully aided and abetted manipulative wash and match trades scheme when he knew or had reason to know that such trading was economically irrational
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: LANDLORD AND TENANT HEREBY WAIVE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM BROUGHT BY EITHER OF THE PARTIES HERETO AGAINST THE OTHER OR IN RESPECT OF ANY MATTER WHATSOEVER ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT, THE RELATIONSHIP OF LANDLORD AND TENANT HEREUNDER, TENANT’S OCCUPANCY OF THE LEASED PROPERTY, AND/OR ANY CLAIM FOR INJURY OR DAMAGE.

assistant: Waiver Of Jury Trials
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 drags and paraphernalia shortly after the stop. But, as the court of appeals correctly noted, this is the least important Brown factor. See State v. Reffitt, 145 Ariz. 452, 459, 702 P.2d 681, 688 (1985); see also McBath v. State, 108 P.3d 241, 248 (Alaska App.2005) (noting that “in essentially every case,” the time between an illegal stop and the discovery of evidence is short). ¶ 11 Regarding Brown’s second factor, the discovery of a valid arrest warrant is an intervening circumstance because it provides a legal basis for the arrest notwithstanding an illegal seizure. See Ariz. R.Crim. P. 3.1(e) (warrant issued upon probable cause); 3.3(b) (warrant executed by arrest of defendant); see also People v. Murray, 312 Ill.App.3d 685, 245 Ill.Dec. 430, 728 N.E.2d 512, 517 (2000) (<HOLDING>). A law enforcement officer who previously Options: A. holding taint from illegal detention attenuated by discovery of outstanding warrant where there was no evidence officer stopped appellant solely to request identity in order to run warrant check B. holding it would be illogical and nonsensical to suggest police cannot arrest subject of illegal detention after discovery of valid warrant C. holding that initial illegal detention does not call into question validity of arrest pursuant to valid warrant wjhere the police effectuate an arrest in an illegal manner but nonetheless have probable cause to make the arrest the proper fourth amendment remedy is to exclude only that evidence which is a fruit of the illegality D. holding that an arrest warrant without a search warrant does not permit law enforcement authorities to enter a third partys home to legally search for the subject of the arrest warrant E. holding that restitution cannot be based on items not referred to in information arrest warrant or states original discovery materials

assistant: The best answer is B. holding it would be illogical and nonsensical to suggest police cannot arrest subject of illegal detention after discovery of valid warrant
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 differences among state statutes at the class certification stage, when the parties will have presented a thorough analysis of those differences. (See Tr. at 53 (“If your Honor is asking me is there something that compels you to decide it now, the answer is no.”).) 2. Unjust Enrichment Mirroring their argument in the consumer protection context, defendants also assert that all choice-of-law rules will point to the unjust enrichment law of the states where plaintiffs purchased pepper. (McCormick’s Mem. at 25-26.) Assuming that to be true for purposes of this motion, the Court must determine whether it is possible that the unjust enrichment laws of different states can be grouped. Plaintiffs have made an unjust enrichment claim on behalf of a nation 05, 513-14, 519 (D. Minn. 2014) (<HOLDING>); and Thompson v. Jiffy Lube Int% Inc., 250 Options: A. holding that in interpreting a contract we look to the conflict of laws rules of the forum state to determine which states laws will be controlling B. holding that a contractor who had substantially complied with the building specifications substantially performed C. holding that given creditors pro se status the complaint was substantially justified as it had a reasonable basis in fact and law and it would be unjust to penalize her for having only a lay persons knowledge of the law D. holding that under separation of powers the legislative department makes the laws the executive department carries the laws into effect and the judicial department interprets and declares the laws E. holding that unjust enrichment laws differ substantially

assistant: The best answer is E. holding that unjust enrichment laws differ substantially
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: first proffered in the motion to withdraw, fails for several reasons. First, King waived this issue. He tries to avoid waiver by framing his claim of actual innocence as a non-waivable jurisdictional defect, but his effort fails because all federal courts have jurisdiction to hear criminal cases arising under federal statutes such as 18 U.S.C. § 2241(c). 18 U.S.C. § 3231; see also United States v. Polin, 323 F.2d 549, 556 (3d Cir.1963). As we have explained, challenges to the appropriate district court are actually challenges to venue. United States v. Robinson, 167 F.3d 824, 829 (3d Cir.1999). By pleading guilty in the United States District Court for the Middle District of Pennsylvania, King waived any claim of improper venue. See Washington v. Sobina, 475 F.3d 162, 165 (3d Cir.2007) (<HOLDING>). Second, even had King preserved the argument, Options: A. holding entry of a guilty plea waives all nonjurisdictional issues B. holding that a valid guilty plea waives a statute of limitations defense C. holding entry of guilty plea waives challenges to the deprivation of constitutional rights that occurred prior to the entry of the guilty plea emphasis added D. holding that a voluntary guilty plea waives all nonjurisdictional defects in the proceedings E. recognizing that a voluntary and understanding guilty plea entered without the benefit of a plea bargain waives all nonjurisdictional defects that occurred before the entry of the plea

assistant: The best answer is A. holding entry of a guilty plea waives all nonjurisdictional issues
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 Agents shall have received the results of recent lien and judgment searches in each of the jurisdictions where the Borrower and the Originators are located (within the meaning of Section 9-307 of the UCC) or in which they maintain their chief executive offices or principal places of business, and such searches shall reveal no outstanding judgments against the Borrower or the Originators or liens on any of the Collateral of the Borrower or the Originators (other than liens that will be released substantially simultaneously with the Effective Date).

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: oppositions in compliance with the local rules.” Torres-Rosado v. Rotger-Sabat, 335 F.3d 1, 4 (1st Cir.2003). The plaintiffs received extensions running nearly four months. They failed twice, as the district court pointed out, to file for an extension of time before the deadline to oppose summary judgment passed. Further, the plaintiffs’ opposition dribbled into court over the course of two and a half months, not arriving in complete form until a full three months after the court’s final deadline — seven months after the defendants’ motion for summary judgment was filed. This record supports the district court’s conclusion that the plaintiffs’ disregard for the court’s deadlines was “blatant” and inexcusable. See Cordero-Soto v. Island Finance, Inc., 418 F.3d 114, 118 (1st Cir.2005) (<HOLDING>). We are not swayed by the plaintiffs’ Options: A. holding that denial of untimely request was not abuse of discretion B. holding that a grant of summary judgment in favor of one party creates a final judgment allowing appellate review of denial of opposing partys summary judgment motion C. holding no abuse of discretion in district courts denial of request for extension of time and treatment of summary judgment motion as unopposed after partys repeated failure to comply with deadlines D. holding that denial of joinder motion is reviewed for abuse of discretion E. holding that the district court did not abuse its discretion in denying motion to alteramend judgment where the plaintiff raised the choice of law issue for the first time after the entry of summary judgment

assistant: The best answer is C. holding no abuse of discretion in district courts denial of request for extension of time and treatment of summary judgment motion as unopposed after partys repeated failure to comply with deadlines
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: while we may recommend , promote , or market the products of certain partners , we have no responsibility for your acquisition or use of any third-party products , and we do not guarantee that third-party products will function with the services or will be error-free .

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: it is fitbit 's policy , in appropriate circumstances and at our discretion , to disable or terminate the accounts of users who repeatedly infringe the rights of copyright holders .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns permitted hereby, except that the Borrower may not assign or otherwise transfer any of its rights or obligations hereunder without the prior written consent of the Administrative Agent and each Lender and no Lender may assign or otherwise transfer any of its rights or obligations hereunder except (i) to an assignee in accordance with the provisions of Section 11.06(b) and (A) in the case of any assignee that, immediately prior to or upon giving effect to such assignment, is an Affiliated Lender, Section 11.07(f)(i) or (B) in the case of any assignee that is Holdings or any of its Subsidiaries, Section 11.07(h) , (ii) by way of participation in accordance with the provisions of Section 11.06(d) , or (iii) by way of pledge or assignment of a security interest subject to the restrictions of Section 11.06(f) (and any other attempted assignment or transfer by any party hereto shall be null and void). Nothing in this Agreement, expressed or implied, shall be construed to confer upon any Person (other than the parties hereto, their respective successors and assigns permitted hereby, Participants to the extent provided in clause (d) of this Section 11.06 and, to the extent expressly contemplated hereby, the Related Parties of each of the Administrative Agent, the L/C Issuers and the Lenders) any legal or equitable right, remedy or claim under or by reason of this Agreement.

assistant: Successors