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

user: Read the legal provision and list the applicable contract clause categories. Provision: All representations and warranties made by the Loan Parties in the Loan Documents and in the certificates or other instruments delivered in connection with or pursuant to this Agreement or any other Loan Document shall be considered to have been relied upon by the other parties hereto and shall survive the execution and delivery of the Loan Documents and the making of any loans, regardless of any investigation made by any such other party or on its behalf and notwithstanding that Agent or any Lender may have had notice or knowledge of any Default or Event of Default or incorrect representation or warranty at the time any credit is extended hereunder, and shall continue in full force and effect as long as the principal of or any accrued interest on any loan or any fee or any other amount payable under this Agreement is outstanding and unpaid.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company shall have the right to take out life, health, accident, “key-man” or other insurance covering Executive, in the name of the Company and at the Company’s expense in any amount deemed appropriate by the Company. Executive shall assist the Company in obtaining such insurance, including, without limitation, submitting to any required examinations and providing information and data required by insurance companies (as well as any action to comply with all applicable provisions of Code Section 101(j), relating to employer-owned life insurance contracts, as may be necessary in order for the proceeds of the key-man life insurance policy to qualify for the exclusion from gross income under Code Section 101(a)).

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: “average.” The teacher recommended diagnostic testing. [AR 354]. In fourth grade, plaintiff “was so far behind that I had him tested for possible special class placement. I hope that this is more suitable for him. He has difficulty relating with peers.” Plaintiff was administered the Wide Range Achievement Test (“WRAT”), which measures reading recognition, spelling, and arithmetic computation. [AR 354; JS 7 n. 2], As a fourth-grader, plaintiff tested at grade levels 1.3, 1.1, and 3.0 in the three areas measured. Shortly after that test was administered, an Individual Educational Plan (“IEP”) was written and approved. The nature of the IEP and whether or how it was implemented cannot be ascertained from the record; however, plaintiff testified that he had attended specia (3d Cir.2003) (<HOLDING>); Bailey, 230 F.3d at 1065-1066 (holding that Options: A. holding that the record did not belie the claimants iq of 58 where he attended special education classes did not live independently and dropped out of school at a low grade either in the sixth or eighth grade B. holding that the alj erred in finding that the claimants mental retardation did not manifest itself before age 22 where the claimant attended special education classes dropped out of school in ninth grade had trouble with reading writing and math and had frequent fights with other children C. recognizing that texas courts have adopted the aamr definition of mental retardation providing that mental retardation must manifest before age of 18 years D. holding that the record was not inconsistent with mental retardation meeting section 1205 where the claimant dropped out in tenth grade obtained a ged and could read write add and subtract but had problems with multiplication and division E. holding that the second prong of the c criteria in section 1205 was satisfied where the claimant was limited to light or sedentary work

assistant: The best answer is D. holding that the record was not inconsistent with mental retardation meeting section 1205 where the claimant dropped out in tenth grade obtained a ged and could read write add and subtract but had problems with multiplication and division
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: other than the transferor, or a trust company, followed in substance by the words: ‘as custodian for {name of minor) under the Florida Uniform Transfers to Minors Act....’ The Certificate of Title does not reflect the Vehicle was intended to be held as custodial property pursuant to Section 710.111(l)(f). The Debtor presented no trust agreement or other evidence establishing the Vehicle is being held in trust for the benefit of the daughter. The burden of establishing the existence of a trust relationship is on the party claiming the benefit of such a relationship. Georgia Pacific Corp. v. Sigma Serv. Corp., 712 F.2d 962, 969 (5th Cir.1983). The Debtor presented no evidence establishing she holds an equitable lien in the Vehicle. In re Coburn, 250 B.R. 401, 404 (Bankr.M.D.Fla.1999) (<HOLDING>). The Debtor’s obtaining insurance coverage for Options: A. holding if a party does not follow the requirements of fla stat chapter 319 the party cannot later assert any ownership or lien interest in the car B. holding that a private party could pursue a representative action on behalf of others under the ucl only if the party met the requirements for a class action C. holding that appellants had no standing to challenge search of car because they had no ownership or possessory rights of any kind in the car D. holding that the party prevailing on the significant issues in the litigation is the party that should be considered the prevailing party for attorneys fees E. holding that a lien holder who is not served and joined as a party to a tax suit cannot have his lien extinguished by the tax sale

assistant: The best answer is A. holding if a party does not follow the requirements of fla stat chapter 319 the party cannot later assert any ownership or lien interest in the car
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: CPLG will assume and honor, or will cause a CPLG Entity to assume and honor any agreements to which any CPLG Group Employee is party with either any LQ Entity or any joint venture with an LQ Entity, including any (i) employment contract or (ii) retention or severance arrangement.

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 case excerpt and choose the best holding from the options. Case excerpt: the property damage occurred during a Liberty policy period. I. What Constitutes One Occurrence In Lombard v. Sewerage & Water Board of New Orleans, the Louisiana Supreme Court held that, in cases where different parties are damaged by a series of events, the damage to each party is a separate “occurrence” for purposes of an insurance c 1225-26 (La.Ct.App.1995) (“The differential settlement resulted from each home’s continuous or repeated exposure to the injurious conditions over a course of time, but the effects of the excessive settlement did not become ‘damage’ until it was discovered by the homeowners.”); see also, e.g., New Orleans Assets, L.L.C. v. Travelers Prop. Cas. Co., Nos. Civ.A. 01-2171, Civ.A. 02-974, 2002 WL 32121257, at *2-3 (E.D.La. Sept.12, 2002) (Feldman, J.) (<HOLDING>). “Under the manifestation theory, insurance Options: A. holding that property damage occurred when mold contamination first manifested B. holding that continuous trigger will be applicable when environmental contamination claimant is able to show that damage like asbestosis occurred on continuing basis C. holding that property damage occurred when homeowners noticed damage not when house was improperly constructed D. holding groundwater contamination is continuous process in which the property damage is evenly distributed over the period of time from the first contamination to the end of the last triggered policy E. holding a cause of action accrues once an injury has occurred and manifested itself

assistant: The best answer is A. holding that property damage occurred when mold contamination first manifested
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: Such Investor hereby acknowledges that certain of the information contained in the Transaction Documents or otherwise made available to such Investor may be confidential and non-public and agrees that the portion of such information that is confidential shall be kept in confidence by such Investor and neither used by such Investor for such Investor’s personal benefit (other than in connection with the terms of this Agreement) nor disclosed to any third party for any reason; provided, however, that (a) such Investor may disclose such information to its affiliates and advisors who may have a need for such information in connection with providing advice to such Investor with respect to its investment in the Company so long as such affiliates and advisors have an obligation of confidentiality, and (b) this obligation shall not apply to any such information that (i) is part of the public knowledge or literature and readily accessible at the date hereof, (ii) becomes part of the public knowledge or literature and readily accessible by publication (except as a result of a breach of this provision) or (iii) is received from third parties without an obligation of confidentiality (except third parties who disclose such information in violation of any confidentiality agreements or obligations, including, without limitation, any subscription or other similar agreement entered into with the Company). Such Investor hereby acknowledges that certain information concerning the matters that are the subject matter of this Agreement may constitute material non-public information under U.S. federal securities laws, and that U.S. federal securities laws prohibit any person who has received material non-public information relating to the Company from purchasing or selling securities of the Company, or from communicating such information to any person under circumstances in which it is reasonably foreseeable that such person is likely to purchase or sell securities of the Company. Accordingly, until such time as any material non-public information that has been received by the Investor has been adequately disseminated to the public, such Investor agrees that such Investor will not purchase or sell any securities of the Company on any trading market or otherwise or communicate such information to any other person.

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: 93 S.Ct. at 2632 n. 1. The Texas obscenity statute provides in pertinent part as follows: "A person commits an offense if, knowing its content and character, he: (1) promotes or possesses with intent to promote any obscene material.... ” Tex. Penal Code Ann. § 43.23(c)(1). "Promote” means "to manufacture, issue, sell, give, provide, lend, mail, deliver, transfer, transmit, publish, distribute, circulate, disseminate, present, exhibit, or advertise, or to offer or agree to do the same.” Id. § 43.21(a)(5). 32 . Paris Adult Theatre I, 413 U.S. at 57-58, 93 S.Ct. at 2635; Roth, 354 U.S. at 485, 77 S.Ct. at 1309. "There is a 'right of the Nation and of the States to maintain a decent society. ...’ ” Paris Adult Theatre I, 413 U.S. at 59, 93 S.Ct. at 2636; see also Yorko, 690 S.W.2d at 265 (<HOLDING>); Extreme Assocs., Inc., 431 F.3d at 154, 159 Options: A. holding that the protect act amendments to the standard of review apply retroactively B. recognizing that a state has a legitimate interest in all insurance policies protecting its residents against risks an interest which the state can protect even though the state action may have repercussions beyond state lines C. holding based on paris adult theatre i and roth that it is appropriate for the state to act to protect the social interest in order and morality or decency D. holding adjudication order based upon a determination on the merits in juvenile court is a final and appealable order E. holding the order on appeal fails to address likelihood of success on the merits or considerations of public interest the order also fails to require a bond accordingly we remand with instructions to the trial court to either enter an order that satisfies all requirements for entry of a temporary injunction or if appropriate an order denying the injunction

assistant: The best answer is C. holding based on paris adult theatre i and roth that it is appropriate for the state to act to protect the social interest in order and morality or decency
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 expressly provided by the Committee in accordance with the provisions of Section 162(m), all Awards are non-transferable, and no benefit payable under this Program shall be subject in any manner to sale, transfer, anticipation, alienation, assignment, pledge, encumbrance or charge. This Section 4.2 shall not apply to an assignment of a contingency or payment due (a) after the death of a Participant to the deceased Participant’s legal representative or beneficiary or (b) after the disability of a Participant to the disabled Participant’s personal representative.

assistant: Interests
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: (2) “whether the record shows with accuracy to what extent he may plead” that his present acquittal or conviction bars a subsequent proceeding on a similar offense. The Fifth Amendment demands that the indictment reflect all necessary grand jury findings. United States v. Hooker, 841 F.2d 1225, 1230 (4th Cir.1988). As a grand jury must consider and find to be present all the necessary elements of the crime charged, an indictment must reflect the grand jury’s findings as to all necessary elements of the crime in order to be constitutionally sufficient. Id. However, as the elements of a sentencing provision need not be proven beyond a reasonable doubt, they need not be found by the grand jury or reflected in the indictment. See United States v. Blannon, 836 F.2d 843, 844-45 (4th Cir.) (<HOLDING>), cert. denied, 486 U.S. 1010, 108 S.Ct. 1741, Options: A. holding that the fact of prior convictions under 924e need not be charged in an indictment and proven to a jury and also that the government need not charge in an indictment and prove to a jury that a defendants prior conviction constitutes a violent felony under 924e B. holding that a found in indictment need not allege all of the elements of entry C. holding that vicarious coconspirator liability need not be charged in the indictment D. holding that elements of statute which became 924e need not be reflected in indictment for crime charged E. holding that an indictment gave sufficient notice when the indictment charged the elements of the offense

assistant: The best answer is D. holding that elements of statute which became 924e need not be reflected in indictment for crime charged
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 failure or delay by the Administrative Agent or any Secured Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies provided in this Guaranty, the Credit Agreement, any Secured Cash Management Agreement, any Secured Hedge Agreement and the other Loan Documents shall be cumulative and not exclusive of any rights or remedies provided by law.

assistant: No Waivers
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: work on the project — including the land surveying tasks. In addition, there is substantial evidence that the construction documents produced by MLS were to be approved by either Comer or another engineer. Gregory Gardiner in his deposition even stated that he believed the services performed by MLS were engineering by nature and that the surveying services were incidental to the engineering work. While his statements are not dispositive as to the nature of the contract, they show that Gardiner believed MLS was to perform engineering services for his company. Under such circumstances, we believe that both the engineering and land surveying services encompassed by the cohtract are properly classified as professional and thus, are subject to KRS 413.245. See Vandevelde, 744 S.W.2d at 433 (<HOLDING>). It is important to note that while this Options: A. holding that a corporate entity must be represented by licensed counsel B. holding that absent some statutory infraction the task of education belongs to the educators who have been charged by society with that critical task C. holding that since the performer of a task which could be performed by a layperson represented that he was in fact a professional engineer krs 413245 applied D. recognizing a defendants constitutional right to be represented by counsel of his own choice E. holding that a defendant does not have the right to be represented by counsel in postconviction proceedings which are civil proceedings

assistant: The best answer is C. holding that since the performer of a task which could be performed by a layperson represented that he was in fact a professional engineer krs 413245 applied
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: THIS AGREEMENT AND THE OTHER LOAN DOCUMENTS (OTHER THAN LETTERS OF CREDIT AND AS EXPRESSLY SET FORTH IN OTHER LOAN DOCUMENTS) SHALL BE CONSTRUED IN ACCORDANCE WITH AND GOVERNED BY THE LAWS OF THE STATE OF NEW YORK. EACH LETTER OF CREDIT SHALL BE GOVERNED IN ACCORDANCE WITH SECTION 2.20(o).

assistant: Applicable 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: warrant was for failure to abide by conditions of release. Defendant was arrested on that warrant; he was not arrested for failure to appear. Defendant argues that there is no provision in the rule for failure to return from a furlough and that failure to appear under Rule 5-604(B)(5) occurs only when a defendant fails to appear before a judicial officer at a scheduled hearing.. {24} The criminal Failure to Appear statute has just such a provision, and Defendant contends that the statute “connects” to the rule. Section 31-3-9 makes it a crime to “willfully fail[ ] to appear before any court or judicial officer” when that person is “released pending any proceeding related to the prosecution or appeal of a criminal offense.” Id.; see Hicks, 2002-NMCA-038, ¶ 15, 132 N.M. 68, 43 P.3d 1078 (<HOLDING>). Indeed, no conviction has been sustained Options: A. holding that the failure to appear in court pursuant to a court order can constitute direct criminal contempt B. holding that the term timely should be read in conjunction with 45c2b that requires a party subject to a subpoena to object to a subpoena duces tecum within 14 days of service of the subpoena C. holding that criminal faffing to appear requires not coming to court as directed by a notice subpoena summons or other legal process D. holding a person who is not a member of the bar of any court may appear pro se but is not qualified to appear in the district court or in this court as counsel for others E. holding that a denial of an order to quash a subpoena not directed to a movant was a final order if the movant had no further opportunity to challenge the subpoena

assistant: The best answer is C. holding that criminal faffing to appear requires not coming to court as directed by a notice subpoena summons or other legal process
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: Execute any and all further documents, financing statements, agreements and instruments, and take all such further actions (including, without limitation, the filing and recording of financing statements and other documents), which may be required under any Applicable Law, or which the Administrative Agent or the Required Lenders may reasonably request, to effectuate the transactions contemplated by the Loan Documents or to grant, preserve, protect or perfect the Liens created or intended to be created by the Security Documents or the validity or priority of any such Lien, all at the reasonable expense of the Credit Parties. The Borrower also agrees to provide to the Administrative Agent, from time to time upon the reasonable request by the Administrative Agent, evidence reasonably satisfactory to the Administrative Agent as to the perfection and priority of the Liens created or intended to be created by the Security Documents.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Any notice hereunder to the Corporation shall be addressed to it at Drone Aviation Holding Corp., 11651 Central Parkway #118, Jacksonville, FL 32224, Attention: CEO, and any notice hereunder to the Holder shall be addressed to the Holder at the last known home address shown in the records of the Corporation, subject to the right of any party hereto to designate another address at any time hereafter in writing.

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: [¶ 19] When potential destruction of evidence is the alleged exigent circumstance, officers must provide some particularized basis for their suspicion. See Herrick I, 1997 ND 155, ¶ 23, 567 N.W.2d 336 (stating no evidence was presented, other than the possible existence of drugs and an explained belief defendant would dispose of evidence if forewarned); cf. State v. Jones, 358 N.J.Super. 420, 818 A.2d 392 (2003) (observing “[pjolice must articulate some reason that the destruction of evidence is more than a hypothetical possibility”). In Richards, the United States Supreme Court held, “[when] police could know the drugs being searched for were of a type or in a location that made them impossible to destroy quickly ... asserted governmental interest in pr , 629 N.W.2d 613, 623 (2001) (<HOLDING>); United States v. Johnson, 267 F.3d 498, 501 Options: A. holding that the threat of imminent destruction of evidence of criminal activity created an exigent circumstance B. holding that initial consent was not withdrawn where the undercover officer momentarily stepped out to obtain help from other officers located in the room across the hall in making the arrest C. holding exigent circumstances existed because bathroom in hotel room was next to hallway door where the narcotics could have been particularly flushed and the suspected drug was crackcocaine which makes it not impossible that drugs were easily disposable D. holding exigent circumstances found because detailed affidavit alleged drug transactions were conducted near the bathroom for quick disposal of the evidence E. holding exigent circumstances demonstrated because officers knew defendant stored drugs in room across from the bathroom making destruction particularly easy

assistant: The best answer is E. holding exigent circumstances demonstrated because officers knew defendant stored drugs in room across from the bathroom making destruction particularly easy
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 Trustee will be indemnified and saved harmless from and against any and all liability to which the Trustees may be subjected, including all expenses reasonably incurred in its defense, for any action or failure to act resulting from compliance with the instructions of the Sponsoring Employer, the employees or agents of the Sponsoring Employer, the Administrator, or any other fiduciary to the Plan, and for any liability arising from the actions or non-actions of any predecessor Trustees or other fiduciary of the Plan.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: once we have reminded you that you elected to automatically renew the services , we may automatically renew your services at the end of the current service period and charge you the then current price for the renewal term , unless you have chosen to cancel the services as described below .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: testimony to the other evidence in the case.... Look at how their testimony stacks up with the phone records, look at how it stacks up to the defendants’ own words, look at how it stacks up to the experiences of the other cooperating witnesses and the testimony of law enforcement officers who conducted the surveillance and made the arrests in this case, and use your common sense. 5. The Speedy Trial Act Washington contends that his right to a speedy trial was violated under the “ruse exception” to the Speedy Trial Act because he was not indicted within 30 days of his arrest on state charges. Washington, however, failed to move for dismissal of the indictment before trial and thus waived his Speedy Trial Act claim. See United States v. Spagnuolo, 469 F.3d 39, 44^46 (1st Cir.2006) (<HOLDING>). B. Jones 1. Evidence Seized from Jones’s Options: A. recognizing that contractual jury waiver provision that was conspicuous because it was in bolded font and in all capital letters met burden of party seeking to enforce provision to make prima facie showing that waiver was knowing and voluntary B. holding that a provision of the constitution is to be construed in the sense in which it was understood by the framers and the people at the time of its adoption but that if new products or circumstances that did not exist at the time the constitutional provision was enacted fall within the meaning of the provision the constitutional provision applies to them C. holding that waiver provision in 3162a2 applies to 3161b D. holding that defendan s appeid he denial of his motion to dismiss was ithin scope of his appeal waiver because the plea cements waiver provision did not reserve this issue as an exceptionto the waiver E. holding that the waiver in two previous contracts was insufficient to support waiver of the contract at issue in that appeal

assistant: The best answer is C. holding that waiver provision in 3162a2 applies to 3161b
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Any provision of any Loan Document (other than Open Account Paying Agreements, Cash Management Agreement or Rate Protection Agreements) which is prohibited or unenforceable in any jurisdiction shall, as to such provision and such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions of such Loan Document or affecting the validity or enforceability of such provision in any other jurisdiction.

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: crime, there was an undue risk that defendant would commit more criminal offenses if he received a lesser sentence. Finally, the court took into consideration the victim impact statement and the pre-sentence investigation interview with the victim who was permanently paralyzed from the abdomen down as a result of the instant crime. Based on the trial court’s review of the record of this crime, the defendant’s criminal history, the severe and life-altering nature of the offense, and the future risk of harm to others, we find that the trial court adequately complied with La.C.Cr.P. art. 894.1, and defendant’s sentence of life imprisonment without probation or suspension is supported by the record. See State v. Randall, 10-1027, pp. 10-13 (La.App. 4 Cir. 6/22/11), 69 So.3d 683, 689-90 (<HOLDING>). Consequently, we find this assignment of Options: A. holding that prior convictions for possession of cocaine and marijuana are admissible to impeach defendant B. recognizing possession of cocaine as a lesserincluded offense of possession of cocaine with intent to sell C. holding that dual convictions of possession of a firearm by a convicted felon and possession of ammunition by a convicted felon violated double jeopardy D. holding the imposition of a maximum sentence of life imprisonment was not excessive for conviction of possession of cocaine where defendant was adjudged to be a fourth felony offender with prior convictions for manslaughter two prior convictions for possession of cocaine and numerous arrests for drug offenses possession of a firearm by a felon aggravated battery and armed robbery E. holding that convictions for two counts of possession of one quantity of cocaine constituted double jeopardy and fundamental error reversing one possession conviction and remanding for resentencing

assistant: The best answer is D. holding the imposition of a maximum sentence of life imprisonment was not excessive for conviction of possession of cocaine where defendant was adjudged to be a fourth felony offender with prior convictions for manslaughter two prior convictions for possession of cocaine and numerous arrests for drug offenses possession of a firearm by a felon aggravated battery and armed robbery
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: Fed. R. Bankr.P. 4004(c)(1) ("on expiration of the time fixed for filing a complaint objecting to discharge and the time fixed for filing a motion to dismiss the case ... the court shall forthwith grant the discharge, unless ... (B) a complaint objecting to the discharge has been filed[.]") (emphasis added). 14 . 11 U.S.C. § 727(a), (c)(1); Fed. R. Bankr.P. 4004(b)-(c). 15 . Id. at 4005 ("At the trial on a complaint objecting to a discharge, the plaintiff has the burden of proving the objection.”); Gullickson v. Brown (In re Brown), 108 F.3d 1290, 1292-93 (10th Cir.1997) (preponderance of the evidence standard applies); The First Nat’l Bank v. Serafini (In re Serafini), 938 F.2d 1156, 1157 (10th Cir.1991) (same); of. Grogan v. Garner, 498 U.S. 279, 111 S.Ct. 654, 112 L.Ed.2d 755 (1991) (<HOLDING>). 16 . 11 U.S.C. § 727(b); see id. at § 524. 17 Options: A. holding that the standard of proof for the dischargeability exceptions in 11 usc 523a is the preponderance of the evidence standard B. holding that the standard of proof for dischargeability exceptions under section 523a is preponderance of the evidence C. holding that the party challenging the dischargeability of a debt bears the burden of proving the debt nondischargeable by a preponderance of the evidence D. holding that a creditor objecting to the dischargeability of a debt under 523a must prove its case by a preponderance of the evidence E. holding all exceptions to discharge under 523a must be proven by a preponderance of the evidence

assistant: The best answer is D. holding that a creditor objecting to the dischargeability of a debt under 523a must prove its case by a preponderance of the 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 execution, delivery and performance by each Investor of the Transaction Documents has been duly authorized and each will constitute the valid and legally binding obligation of each Investor, enforceable against the Investor in accordance with their respective terms, subject to bankruptcy, insolvency, fraudulent transfer, reorganization, moratorium and similar laws of general applicability, relating to or affecting creditors’ rights generally and to general equity principles.

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: All disputes arising out of or relating to this Agreement and all actions to enforce this Agreement shall be adjudicated in the state or federal courts sitting in Denver, Colorado. The parties hereto irrevocably submit to the jurisdiction of such courts in any suit, action or proceeding relating to any such dispute. So far as is permitted under applicable law, this consent to personal jurisdiction shall be self-operative and no further instrument or action, other than service of process or as permitted by law, shall be necessary in order to confer jurisdiction upon the undersigned in any such court.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Executive acknowledges that a breach of this Section 5 will cause great and irreparable injury and damage, which cannot be reasonably or adequately compensated by money damages. Accordingly, Executive acknowledges that the remedies of injunction and specific performance shall be available in the event of such a breach, in addition to money damages, costs and attorneys’ fees, and other legal or equitable remedies, and that the Company shall be entitled as a matter of course to an injunction pending trial, without the posting of bond or other security. Any period of restriction set forth in this Section 5 shall be extended for a period of time equal to the duration of any breach or violation hereof.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company and each Subsidiary is insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses and locations in which the Company and each Subsidiary is engaged. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: As of the Closing Date, Schedule 5.9 hereto, as such Schedule may be updated from time to time in accordance with the terms hereof, provides a complete and correct list of: (a) all registered patents owned by each Loan Party and all applications for Patents owned by such Loan Party; (b) all registered trademarks owned by each Loan Party and all applications for registration of trademarks owned by such Loan Party; (c) all registered copyrights owned by each Loan Party; and (d) all Intellectual Property licenses entered into by each Loan Party pursuant to which (i) such Loan Party has provided any license in Intellectual Property owned or controlled by such Loan Party to any other Person (other than non-exclusive software licenses granted in the ordinary course of business) with a value in excess of $1,000,000 or (ii) any Person has granted to such Loan Party any license in Intellectual Property owned or controlled by such Person that is material to the business of such Loan Party, including any Intellectual Property that is incorporated in any Inventory, software, or other product marketed, sold, licensed, or distributed by such Loan Party (other than non-exclusive software licenses granted in the ordinary course of business). Other than as set forth on Schedule 5.9 hereto, no Loan Party owns any copyrights or trademarks, the failure to register which could be materially adverse to the conduct of the business of the Loan Parties, taken as a whole. Each Loan Party owns exclusively or holds licenses in all Intellectual Property that is necessary in or material to the conduct of its business, and all employees and contractors of each Loan Party who were involved in the creation or development of any Intellectual Property for such Loan Party that is necessary in or material to the business of such Loan Party have signed agreements containing assignment of such employer’s or contractor’s rights in any Intellectual Property to such Loan Party and obligations of confidentiality. To each Loan Party’s knowledge, (x) such Loan Party is not currently infringing or misappropriating any Intellectual Property rights of any Person, and (y) no product manufactured, distributed, licensed or sold by, or service provided by, such Loan Party is currently infringing or misappropriating any Intellectual Property rights of any Person, in each case, except where such infringement either individually or in the aggregate could not reasonably be expected to result in a Material Adverse Effect.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall not become effective or enforceable until the eighth (8 th ) day after you sign this Agreement. You may revoke your acceptance of this Agreement within seven (7) days after the date you sign it. This revocation must be in writing and received by to Lori Stahl at 525 Race Street, San Jose, CA 95126, via fax at (408) 882-5105 or via email at: hr@vocera.com by 5:00 p.m. Pacific Time on the seventh (7 th ) day in order to be effective. If you do not revoke acceptance within the seven (7) day period, your acceptance of this Agreement will become binding and enforceable on the eighth (8 th ) day (the “Effective Date”).

assistant: Effective Dates
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 of the provisions contained in this Exhibit A is and shall be construed as separate and severable and if one or more of such provisions is held to be against the public interest or unlawful or in any way an unreasonable restraint of trade or unenforceable in whole or in part for any reason, the remaining provisions of this Exhibit A or part thereof, as appropriate, shall continue to be in full force and effect.

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 Kratzer’s testimony, not wife’s. As such, it is admissible béeause it is the admission of one co-conspirator uttered in the furtherance of a conspiracy. See Commonwealth v. Evans, 489 Pa. 85, 413 A.2d 1025 (1980). If any portion of the transcript should have been redacted to exclude wife’s conversation, such an omission was harmless error, since appellant’s participation in the conspiracy was established beyond a reasonable doubt through the conversations with Kratzer. See Commonwealth v. Jones, 540 Pa. 442, 446-447, 658 A.2d 746, 749 (1995) (stating that error is harmless when the evidence of guilt is overwhelming and the error insignificant so that it is clear beyond a reasonable doubt that the error did not contribute to the verdict); see also Evans at 92-94, 413 A.2d at 1029 (<HOLDING>). In sum, it was not an abuse of discretion for Options: A. holding criminal conspiracy is sustained where the commonwealth establishes the defendant entered into an agreement to commit or aid in an unlawful act with another person with a shared criminal intent and an overt act was done in furtherance of the conspiracy a coconspirator may commit the overt act and conspirators are liable for acts of the coconspirators committed in furtherance of the conspiracy B. holding that the conspiracy theory of personal jurisdiction requires that the outofstate coconspirator was or should have been aware of the acts performed in the forum state in furtherance of the conspiracy C. holding that admission of evidence of activity not done in furtherance of the conspiracy was harmless error where defendants participation was fully established by the testimony of another coconspirator D. holding that proof of overt act is not required to support admission of evidence of statement of coconspirator during course of conspiracy E. holding that error from the erroneous admission of evidence was harmless in light of the overwhelming evidence of the defendants guilt

assistant: The best answer is C. holding that admission of evidence of activity not done in furtherance of the conspiracy was harmless error where defendants participation was fully established by the testimony of another coconspirator
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: F.2d at 206-07. Reasonableness, as shown by the movant, is essentially judged by looking to “the delay ... from the time the party is deemed to have notice of the grounds for its Rule 60(b) motion.” Jones v. City of Richmond, 106 F.R.D. 485, 489 (E.D.Va.1985). In measuring this delay, however, there is no set time period distinguishing timely from untimely motions outside of the absolute, one-year time frame for Rule 60(b)(l)-(3) motions. What constitutes a reasonable time will generally depend on the facts of each case. See United States v. Wyle (In re Pacific Far East Lines, Inc.), 889 F.2d 242, 249 (9th Cir.1989). A major consideration may well be whether the nonmovant was prejudiced by the delay and whether the movant had a good reason for failing to take action sooner. Compare id. (<HOLDING>), with McLawhorn v. John W. Daniel & Co., 924 Options: A. holding an internal error that caused the movant to receive the trustees notice of motion twentysix days after the court heard the trustees motion may have constituted excusable neglect had the movant made a prompt motion for reconsideration and pointing out it is the movants actions after he became aware of the existence of the trustees motion that reaches the level of willfulness B. holding that the csu board of trustees and individual trustees sued in their official capacity are a political arm of the state and as such are immune from suit C. holding that a debtor could not relitigate the claim that the trustee breached his fiduciary duty because the bankruptcy court had already held that the trustees actions were not improper D. holding a bankruptcy trustees rule 60b6 motion timely despite a delay of eighteen months from the date of the court order and fifteen months from the denial of the trustees written request for a refund government found to have been put on notice of intention to reopen settlement by earlier actions of trustee E. holding that the trustees preference actions against each of the defendants was precluded as a matter of law by the debtors earlier assumption of its agreements with them

assistant: The best answer is D. holding a bankruptcy trustees rule 60b6 motion timely despite a delay of eighteen months from the date of the court order and fifteen months from the denial of the trustees written request for a refund government found to have been put on notice of intention to reopen settlement by earlier actions of trustee