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: 142 Pa.Commonwealth Ct. 637, 598 A.2d 110 (1991). It places the averments contained in the notice of suspension at issue, including the date the alleged refusal occurred. Id. at 641, 598 A.2d at 112. Because each and every instance of a refusal under Section 1547(b)(1) constitutes a separate and cognizable basis for suspension, a discrepancy in the date of refusal alleged on a notice of suspension is material. Ballock, supra at 641, 598 A.2d at 112. The date alleged in the notice of suspension is the only way in which PennDOT identifies the refusal for which it is attempting to revoke a driver’s license and it is the only notice which informs the licensee of what he must defend against. C.f Hughes v. Pa. Board of Probation and Parole, 81 Pa.Commonwealth Ct. 87, 473 A.2d 225 (1984) (<HOLDING>). Since each refusal separately dated Options: A. holding that violation of state law was not a per se constitutional violation B. holding that the date of the federal indictment not the date of the state arrest was the triggering date for the speedytrial act C. holding that where the date of the offense is not an element of the charge a variance between the indictment date and the proof at trial is not fatal so long as the acts charged were committed within the statute of limitations period and prior to the return date of the indictment D. holding variance in location of alleged parole violation not material when violation identified not only by where it took place but also by date of arrest date of conviction and specification of violation E. holding that section 10b violation occurs on date of alleged misrepresentation not the date of the sale or purchase of securities

assistant: The best answer is D. holding variance in location of alleged parole violation not material when violation identified not only by where it took place but also by date of arrest date of conviction and specification of violation
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 Award Agreement contains the entire understanding between the parties with respect to the DRUs granted hereunder (including, without limitation, the vesting and delivery schedules described herein and in Appendix A, and hereby replaces and supersedes any prior communication and arrangements between the Participant and the Partnership or any of its Affiliates with respect to the matters set forth herein and any other pre-existing economic or other arrangements between the Participant and the Partnership or any of its Affiliates, unless otherwise explicitly provided for in any other agreement that the Participant has entered into with the Partnership or any of its Affiliates and that is set forth on Schedule A hereto. Unless set forth on Schedule A hereto, no such other agreement entered into prior to the Date of Grant shall have any effect on the terms of this Award Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: each room with a telephone breached such motel’s duty to protect guests from assault by third parties); Lewis v. Roescher, 193 Ark. 161, 98 S.W.2d 956, 957 (1936) (declining, as a matter of contract law, to impose a duty upon innkeepers to furnish guests with working telephones after a guest fell ill in his room and was unable to summon aid). Others still have considered whether innkeepers can be liable for failing to maintain particular staff positions or provide particular services. See Zerangue v. Delta Towers, Ltd., 820 F.2d 130, 132-33 (5th Cir.1987) (invoking an innkeeper’s duty to provide safe premises where a guest was locked out of a hotel in New Orleans at 3:00 a.m. and subsequently assaulted); Gumbart v. Waterbury Club Holding Corp., 27 F.Supp. 228, 229-30 (D.Conn.1938) (<HOLDING>); Fortney v. Hotel Rancroft, 5 Ill.App.2d 327, Options: A. holding that the preexisting duty exception does not apply where the preexisting duty is a limited one and the alleged negligence is the failure to provide a level of assistance beyond that required by the preexisting duty B. holding that a corporation has a duty under rule 80b6 to provide someone who is knowledgeable in order to provide binding answers on behalf of the corporation C. holding that an innkeeper does not have a duty to provide each guest with a key maintain staff at the front door of the inn during the night or provide a wakeup call D. holding that fraudulent oral misrepresentation of the level of benefits does not provide the basis for a nonpreempted claim even though erisa may also provide no remedy E. holding that 1983 does not provide a remedy if there is no violation of federal law

assistant: The best answer is C. holding that an innkeeper does not have a duty to provide each guest with a key maintain staff at the front door of the inn during the night or provide a wakeup call
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 shall be entitled to twenty (20) vacation days per calendar year, accruing in accordance with the Company’s vacation policy. Executive may carry over up to a maximum of 200 hours of annual leave (including sick pay) at any time, and any unused vacation time beyond that will be forfeited.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Upon receipt of the requisite stockholder approval, the Parties shall execute the Purchase Agreement and consummate the transactions contemplated thereby, including the purchase and sale of the Note and the issuance of the Warrant, as soon as possible, but in any event, no later than three (3) business days, after receipt of such stockholder approval.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Borrower has obtained and has delivered to Lender evidence of all of the Policies, with all premiums prepaid thereunder, reflecting the insurance coverages, amounts and other requirements set forth in this Agreement. No claims have been made under any of the Policies, and no Person, including Borrower, has done, by act or omission, anything which would impair the coverage of any of the Policies.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: IN ANY ACTION, SUIT, OR PROCEEDING IN ANY JURISDICTION BROUGHT BY ANY PARTY AGAINST ANY OTHER PARTY UNDER THIS AGREEMENT, THE PARTIES EACH KNOWINGLY AND INTENTIONALLY, TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, HEREBY ABSOLUTELY, UNCONDITIONALLY, IRREVOCABLY AND EXPRESSLY WAIVES FOREVER TRIAL BY JURY.

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: ask Mr; Brunson a single; question about his representation of Marcus Rus-saw or Michael-Russaw. Dunaway’s collateral counsel also failed to offer this Courp any 'information Brunson could ■have used to impeach the trial testimony of Marcus Russaw, Mary Russaw, Lois Russaw, Felicia Russaw, or Teresa Rus-saw. Further, Dunaway’s collateral counsel did not call any of the Russaws to testify at the evidentiary hearing. “The Court finds that this allegation of ineffective assistance is without merit. Rule 32.7(d), Ala. R.Crim. P. In the alternative,- the Court finds that Duna-way failed to meet his burden of proving this allegation of ineffective assistance by a prepondérance of evidence as required by Rule 32.3, Ala. R.Crim. P. See M.S. v. State, 822 So.2d 449, 452 (Ala.Crim.App.2000) (<HOLDING>).” (C.R. 743-46.) We agree with the circuit Options: A. holding the burden of proving that a conflict of interest rises to the level of ineffective assistance rests on the one asserting the conflict B. holding that defendants claim for ineffective assistance of counsel due to a conflict of interest was not cognizable on direct appeal C. recognizing the conflict D. recognizing conflict E. holding that a conflict of interest independent of a claim of ineffective assistance of counsel constitute cause where the conflict caused the attorney to interfere with the petitioners right to pursue his 1 claim

assistant: The best answer is A. holding the burden of proving that a conflict of interest rises to the level of ineffective assistance rests on the one asserting the conflict
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 parties hereto covenant and agree that they will execute, deliver and acknowledge from time to time at the request of the other, and without further consideration, all such further instruments of assignment or assumption of rights and/or obligations as may be required in order to give effect to the transactions described herein.

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: EACH PARTY HERETO HEREBY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ANY OF THE OTHER LOAN DOCUMENTS. EACH PARTY HERETO (A) CERTIFIES THAT NO REPRESENTATIVE, AGENT OR ATTORNEY OF ANY OTHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PARTY WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE THE FOREGOING WAIVER AND (B) ACKNOWLEDGES THAT IT AND THE OTHER PARTIES HERETO HAVE BEEN INDUCED TO ENTER INTO THIS AGREEMENT AND THE OTHER LOAN DOCUMENTS, AS APPLICABLE, BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS Section 10.11.

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 legal provision and list the applicable contract clause categories. Provision: Any notices delivered under this Agreement shall be deemed duly delivered four business days after it is sent by registered or certified mail, return receipt requested, postage prepaid, or one business day after it is sent for next-business day delivery via a reputable nationwide overnight courier service, in each case to the address of the recipient set forth in the introductory paragraph hereto (in the case of the Company, addressed c/o General Counsel). Either party may change the address to which notices are to be delivered by giving notice of such change to the other party in the manner set forth in this Section 9.2.

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: Inc., 876 S.W.2d 179, 182-83 (Tex.App. — Dallas 1994, writ denied). Foreseeability does not require the actor to anticipate the precise manner in which an injury will occur; it only requires that (i) the injury be of such a general character as might reasonably have been anticipated, and (ii) the injured party be so situated with relation to the wrongful act that injury to him or to one similarly situated might reasonably have been foreseen. Berly, 876 S.W.2d at 183. There can be more than one proximate cause of an injury, and all persons whose negligent conduct contributed to the injury are responsible for it. See Travis, 830 S.W.2d at 98; El Chico Corp. v. Poole, 732 S.W.2d 306, 313 (Tex.1987); see also Bel-Ton Elec. Serv., Inc. v. Pickle, 877 S.W.2d 789, 795 (Tex.App. — Dallas 1994) (<HOLDING>), rev’d on other grounds, 915 S.W.2d 480 Options: A. holding that chapter 13 debt or and trustee have concurrent standing to litigate prepetition causes of action B. recognizing that there can be bailment of money C. recognizing there can be concurrent proximate causes of accident D. holding that federal and state courts have concurrent jurisdiction over 1983 claims E. holding that the insureds own testimony which gave rise to the possibility of concurrent causation created a burden on the insured to allocate the damages between the various causes

assistant: The best answer is C. recognizing there can be concurrent proximate causes of accident
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Subject to the satisfaction of the conditions set forth in Section 7 below and in reliance upon the representations and warranties of Borrowers set forth in Section 8 below, Lenders hereby (a) consent to (i) the prepayment in full of the Term Loan Debt and (ii) the Equity Issuance, but only so long as the Net Cash Proceeds received by Parent is at least $60,000,000 and the Term Loan Debt is contemporaneously repaid in full with such Net Cash Proceeds and $12,766,009.64 of Revolving Loans, and (b) waives the requirement set forth in Section 2.3(a)(ii) of the Credit Agreement to provide a request for Borrowing by 12:00 noon one Business Day prior to the proposed Borrowing to be made on the date of this Amendment. This is a limited consent and shall not be deemed to constitute a consent to any other modification of the Loan Documents, and shall not be deemed to prejudice any right or rights which Agent or the Lenders may now have or may have in the future under or in connection with any Loan Documents or any of the instruments or agreements referred to therein, as the same may be amended from time to time.

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 case excerpt and choose the best holding from the options. Case excerpt: prior convictions not fatal to warrant if affidavit read with that information deleted "nonetheless demonstrates that 'the issuing magistrate had a substantial basis for concluding that there were enough facts within the affidavit to find that probable cause existed' " (citation omitted)). T8 The issue before this court is whether, reading the affidavit with the information about Vest's arrest and Defendant's prior criminal history deleted, there were enough facts to find that probable cause existed. See State v. Dable, 2003 UT App 389,¶ 8, 81 P.3d 783 (concluding that arrest of the defendant in Wyoming for possession of methamphetamine, without more, failed to establish probable cause that drugs were located in her home in Utah); State v. Brooks, 849 P.2d 640, 644 (Utah Ct.App.1993) (<HOLDING>). T9 Application of the Jackson holding to the Options: A. holding that the arrest of the defendant two years prior to the warrant did nothing to establish that he was now dealing in controlled substances from his home B. holding that defendants ability to pay may be considered in assessing penalty under controlled substances act C. 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 D. holding 1227a2bi limits the meaning of controlled substance for removal purposes to the substances controlled under 802 E. holding there was enough evidence to find the defendant abandoned his child when he claimed to have knowledge of cpss involvement he admitted that for periods of two years and six months he did not attempt any contact with his child and from the date he canceled a home study until the petition was filed he did not attempt to contact the child or cps or provide support even when he was out of jail

assistant: The best answer is A. holding that the arrest of the defendant two years prior to the warrant did nothing to establish that he was now dealing in controlled substances from his home
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: Prior to the payment of any amount or benefit (other than the payment of any Accrued Amounts) following a termination under Section 3.4 or 3.3, the Executive shall (i) execute a waiver and release of claims in favor of the Company, its affiliates, and its and their respective officers, directors, partners, members, employees, successors in interest, assignors, and assignees, in a customary form and substance and which is reasonably satisfactory to the Company (the “ Release ”), and (ii) allow such Release to become effective and irrevocable no later than thirty (30) calendar days following the Separation Date. For the avoidance of doubt, the payment of any benefits, other than the Accrued Amounts, under Section 3.4 or 3.3 hereof are expressly conditioned upon the receipt by the Company and irrevocability of the Release within the specified time period.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: During the Term, Executive shall initially be paid an aggregate base salary at the rate of $72,000 per year (the “ Base Salary ”), payable monthly on the first day of each month, and in accordance with such payroll practices for the executives as the Company may establish. The Compensation Committee of the Board, or the Board if there is no Compensation Committee, shall review Executive’s salary from time to time and may, in its sole discretion, increase but not decrease it. The Board of Directors has the final authority to approve Base Salary adjustments. To the extent that the monetary resources of the Company render payment of the Executive’s salary infeasible or impractical, such salary shall be accrued as a liability of the Company on a monthly basis, with such liability to be paid as and when the Company has sufficient monetary resources to do so.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: services shall include , but not be limited to , any services vivino performs for you , any applications or widgets offered by vivino that you download from the site or , subject to the terms set out under the `` third party sites and services '' section below , from third party application stores ( e.g. , itunes ® store , blackberry app world ™ , or google apps marketplace ) authorized by vivino , as well as the offering of any materials displayed or performed on or through the services ( including content ( as defined 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 legal provision and list the applicable contract clause categories. Provision: Maintain with financially sound and reputable insurance companies insurance on all its property in such amounts and covering such risks as is consistent with sound business practice, and Borrower will furnish to Lender upon request full information as to the insurance carried.

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: The representations and warranties of Sellers set forth in Section 13.1 being true and correct in all material respects as of the Closing Date as if then made, unless otherwise specified herein, provided , however , it being agreed that unless the condition in Section 4.1(f) is not satisfied in the aggregate (and without duplication), any failure of any representations and warranties of Sellers to be true and correct will not be deemed to be material.

assistant: Warranties
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: his parents for injuries for which there is available homeowners insurance coverage as a logical, but limited, extension of our prior holdings in Syllabus point 2 of Lee v. Comer, 159 W.Va. 585, 224 S.E.2d 721, and Lusk v. Lusk, 113 W.Va. 17, 166 S.E. 538. See Verdier v. Verdier, 364 Ark. 287, 291, 219 S.W.3d 143, 145 (2005) ("Broadening the exception to the parental-immunity doctrine to cases where a parent is covered by liability insurance through an existing homeowner’s policy leads to a dangerous slippery slope.”); Sepaugh v. LaGrone, 300 S.W.3d 328, 338 (Tex.App.2009) (rejecting exception to parental immunity doctrine based upon existence of applicable homeowners insurance as contrary to Texas law). Cf. American Family Mut. Ins. Co. v. Ryan, 330 N.W.2d 113, 115-16 (Minn.1983) (<HOLDING>). However, it does not appear that the parties Options: A. recognizing that under texas law governmental immunity embraces two principles immunity from liability and immunity from suit B. holding that judges have immunity from suit for judicial acts C. holding household exclusion in policy of homeowners insurance to be valid despite parents immunity from suit by child D. holding that parents who filed a civil rights action following the removal of child by child welfare authorities failed to connect program directors actions to alleged violation of parents constitutional rights E. holding that qualified immunity is not merely immunity from damages but also immunity from suit

assistant: The best answer is C. holding household exclusion in policy of homeowners insurance to be valid despite parents immunity from suit by child
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 covenants, agreements, 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 and issuance of any Letters of Credit, regardless of any investigation made by any such other party or on its behalf and notwithstanding that the Administrative Agent, the Issuing Bank or any Lender may have had notice or knowledge of any 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 or any Letter of Credit is outstanding and so long as the Commitments have not expired or terminated. The provisions of Sections 2.15, 2.16, 2.17 and 9.03 and Article VIII shall survive and remain in full force and effect regardless of the consummation of the transactions contemplated hereby, the repayment of the Loans, the expiration or termination of the Letters of Credit and the Commitments or the termination of this Agreement or any other Loan Document or any provision hereof or thereof.

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: while you own the content you store within the evernote service ( subject to third party rights ) , you acknowledge and agree that evernote ( and our licensors ) own ( s ) all legal right , title and interest in and to the service , including , without limitation , all software that is part of the service and all evernote software deployed by you or a third party to enable capturing of content originating outside the service , such as evernote scannable , evernote web clipper , the site memory widget or any of the evernote software applications for compatible computing devices that enable access and use of the service through such device ( the `` evernote software '' ) .

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: If other than a natural person or persons, Borrower shall preserve and maintain its existence and all of its rights, privileges and franchises; conduct its business in an orderly, efficient, and regular manner; and comply with the requirements of all applicable laws, rules, regulations and orders of a governmental authority.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: (a) Parent, solely in its capacity as guarantor under this Parent Guaranty, waives any right (except as shall be required by applicable statute and cannot be waived) to require the Lender to (i) proceed against TD International, any other guarantor or any other party, (ii) proceed against or exhaust any security held from TD International, any other guarantor or any other party or (iii) pursue any other remedy in any Guaranteed Party’s power whatsoever. Parent, solely in its capacity as guarantor under this Parent Guaranty, waives any defense to the Parent Guaranteed Obligations based on or arising out of any defense of TD International, any other guarantor or any other party, other than payment in full in cash of the Parent Guaranteed Obligations, based on or arising out of the disability of TD International, any other guarantor or any other party, or the unenforceability of the Parent Guaranteed Obligations or any part thereof from any cause, or the cessation from any cause of the liability of TD International, other than payment in full in cash of the Parent Guaranteed Obligations. The Lender may, at their election, foreclose on any security held by the Lender or any other Lender by one or more judicial or nonjudicial sales, whether or not every aspect of any such sale is commercially reasonable (to the extent such sale is permitted by applicable law), or exercise any other right or remedy the Lender may have against TD International or any other party, or any security, without affecting or impairing in any way the liability of Parent hereunder except to the extent the Parent Guaranteed Obligations have been paid in full in cash. Parent waives any defense to the Parent Guaranteed Obligations arising out of any such election by the Lender, even though such election operates to impair or extinguish any right of reimbursement or subrogation or other right or remedy of Parent against TD International or any other party or any security.

assistant: 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: retroactively on collateral review.”); United States v. Moss, 252 F.3d 993 (8th Cir.2001) (“[W]e hold ... that Apprendi is not of watershed magnitude and that Teague bars petitioners from raising Apprendi claims on collateral review.”); Jones v. Smith, 231 F.3d 1227, 1236 (9th Cir.2000) (“[T]he non-retroactivity principle pronounced in Teague prevents Petitioner from benefitting from Apprendi’s new rule on collateral review.”); United States v. Sanders, 247 F.3d 139, 148 (4th Cir.2001) (“[T]he new rule announced Appreridi does not rise to the level of a watershed rule of criminal procedure which ‘alters our understanding of the bedrock elements essential to the fairness of a proceeding.’ ”) (quoting Sawyer, 497 U.S. at 242, 110 S.Ct. 2822); In re Turner, 267 F.3d 225, 231 (3d Cir.2001) (<HOLDING>). Cf. Ring v. Arizona, 536 U.S. -, 122 S.Ct. Options: A. holding the supreme court has not held in a case or a combination of cases that the rule in johnson is retroactive to cases on collateral review and therefore it has not made johnson retroactive B. holding that petitioner was barred from bringing apprendi claim on second or successive motion to vacate because supreme court had not made apprendi retroactive to cases on collateral review C. holding that until the supreme court rules otherwise apprendi is not a new rule of constitutional law made retroactive to cases on collateral review that was previously unavailable D. holding that apprendi does not apply on collateral review E. holding apprendi is not retroactive

assistant: The best answer is C. holding that until the supreme court rules otherwise apprendi is not a new rule of constitutional law made retroactive to cases on collateral review that was previously unavailable
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: At any time and from time to time, on one or more occasions, the Borrower may, by notice to the Administrative Agent, (i) increase the aggregate principal amount of any outstanding tranche of Term Loans or add one or more additional tranches of term loans under the Credit Documents (the “ Incremental Term Facilities ” and the term loans made thereunder, the “ Incremental Term Loans ”) or (ii) increase the aggregate principal amount of Revolving Credit Commitments on the same terms as the then-existing Revolving Credit Commitments (the “ Incremental Revolving Facilities ” and the revolving loans and other extensions of credit made thereunder, the “ Incremental Revolving Loans ”) (each such increase or tranche pursuant to clauses (i) and (ii), an “ Incremental Facility ” and the loans or other extensions of credit made thereunder, the “ Incremental Loans ”).

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: Service must prepare an environmental impact statement for all “major Federal actions significantly affecting the quality of the human environment.” 42 U.S.C. § 4332(2)(C). If, however, the agency determines based on an EA that the action will have no significant impact, then the more expensive and detailed environmental impact statement is not required. See 40 C.F.R. §§ 1508.9, 1508.13; Kelley, 844 F.Supp. at 1110-11. Having reviewed the EA, the court concludes that the Forest Service took the requisite “hard look” at the relevant environmental issues and that the 52-page EA with eight appendices contains the documentation and “reasoned elaboration required to support the agency’s determination of no significant impact.” See Town of Orangetown v. Gorsuch, 718 F.2d 29, 35 (2d Cir.1983) (<HOLDING>), cert. denied, 465 U.S. 1099, 104 S.Ct. 1592, Options: A. holding courts role is to ensure that agency took hard look at the environmental consequences and convincingly documented its fonsi B. holding that the task of quantifying the consequences of violating a noncompetition clause is a particularly hard and elusive one C. holding that agency is bound by its regulations D. holding that an eis was required to evaluate the environmental consequences of the decision to divert water to industrial use E. holding that government involvement must be accompanied by public comment because a purpose of ncp is to ensure that those responsible for the cleanup receive citizens input regarding environmental conditions in the community

assistant: The best answer is A. holding courts role is to ensure that agency took hard look at the environmental consequences and convincingly documented its fonsi
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 PARTIES HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: you may not use our site or our service in any way that breaches any applicable local , national or international law or regulation or to send , knowingly receive , upload , download , use or re-use any material which does not comply with our content standards in clause 5 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: suppressing particular ideas of computer programmers and everything to do with functionality.”); Corley, 273 F.3d at 454. Thus, to the extent that the DMCA targets computer code, Congress sought to ban the code not because of what the code says, but rather because of what the code does. Defendant contends that these authorities are wrongly decided and that it is impossible to regulate the “functional” aspects of computer code without necessarily regulating the content of the expressive aspects of the code. Divorcing the func tion from the message, however, is precisely what the courts have done in other contexts, for example, in determining what portions of code are protectable by copyright and what uses of that same code are permitted as fair uses. See Connectix, 203 F.3d at 602-03 (<HOLDING>). Accordingly, the court concludes that Options: A. recognizing that computer programs pose unique problems in copyright context because they are both expressive and functional utilitarian articles copyright protects only the expression and fair use allows incidental copying for the purpose of reverse engineering code to determine its unprotected functional aspects B. holding that copyright protection of computer programs extend beyond the programs literal code to their structure sequence and organization C. holding that while the computer program at issue was within the subject matter of copyright the right sought under state law pursuant to a license was not equivalent to the exclusive rights under copyright as such copyright preemption did not apply D. holding that a plaintiff may recover damages under both the lanham act and the copyright act provided the copyright damages serve a purpose other than compensation E. holding misappropriation claim grounded solely in the copying of a plaintiffs protected expression was preempted by 301 of copyright act

assistant: The best answer is A. recognizing that computer programs pose unique problems in copyright context because they are both expressive and functional utilitarian articles copyright protects only the expression and fair use allows incidental copying for the purpose of reverse engineering code to determine its unprotected functional aspects
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 a condition to the delivery of the Shares received in settlement of PSUs pursuant to Section 7, the Company, at its option, may require Grantee to execute a general release on behalf of Grantee and Grantee’s heirs, executors, administrators and assigns, releasing all claims, actions and causes of action against the Company and each parent, subsidiary and former affiliate of the Company, and their respective current and former directors, officers, administrators, trustees, employees, agents, and other representatives. Such release must be in form and substance satisfactory to the Board.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Neither the termination of the Executive’s employment hereunder nor the expiration of the Contract Term shall impair the rights or obligations of any party hereto which shall have accrued hereunder prior to such termination or expiration. The obligations of Section 4 shall, to the extent provided in Section 4, survive the termination or expiration of the Executive’s employment with the Company and, as applicable, shall be fully enforceable thereafter in accordance with the terms of this Agreement. In addition, the provisions of Sections 8 through 24 shall survive any termination or expiration of the Contract Term.

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: This Agreement may be terminated by any Purchaser, as to such Purchaser’s obligations hereunder only and without any effect whatsoever on the obligations between the Company and the other Purchasers, by written notice to the other parties, if the Closing has not been consummated on or before November 27, 2017; provided , however , that no such termination will affect the right of any party to sue for any breach by any other party (or parties).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: ArchCo irrevocably grants, bargains, sells, assigns and otherwise transfers and delivers to BRAFV, and its successors and assigns, all rights and obligations of Purchaser under the Purchase Agreement excluding only representations and warranties made by Purchaser under the Purchase Agreement to the extent made as of the Agreement Date (the "Assumed Rights and Obligations").

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: This Agreement shall be governed by and construed in accordance with the Laws of New York excluding (to the greatest extent permissible by Law) any rule of Law that would cause the application of the Laws of any jurisdiction other than the State of New York.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: probative value. The two-pronged test must also be met in order to introduce flight evidence. Austin v. State, 784 So.2d 186, 194 (Miss.2001) (citing Fuselier v. State, 702 So.2d 388, 390 (Miss.1997)). This means that Mississippi, unlike some jurisdictions, does not distinguish between the admissibility of flight evidence and the propriety of instructing the jury on the law of flight. Cf. U.S. v. Martinez, 681 F.2d 1248, 1257 (10th Cir.1982) (“Trial courts usually focus not upon the admissibility of flight evidence but upon the propriety of including a jury instruction highlighting already admitted flight evidence.”); but see United States v. Register, 496 F.2d 1072, 1077 (5th Cir.1974), cert. denied sub nom. Cochran v. U.S., 419 U.S. 1120, 95 S.Ct. 802, 42 L.Ed.2d 819 (1975) (<HOLDING>). ¶ 28. Here, both prongs were met. ¶ 29. The Options: A. holding that it was not error for the court to give a substantive new instruction to the jury after deliberations began where the instruction was given in court with the defendant and his counsel present B. holding that the trial court did not abuse its discretion by refusing to accept the defendants guilty pleas to two counts of the indictment and stating that even if the trial court erred the error had not prejudiced the defendant because he was found guilty by the jury of the charges to which he intended to plead and the evidence of the other crimes would have been admissible in the trial for the first degree murder charge C. holding that because the jury was given a proper flight instruction the federal district court did not err in allowing testimony from a teenage girl babysitting defendants child in defendants apartment in which the girl told the jury that after defendant was informed of drug raid defendant failed to return to his apartment the court of appeals found the flight evidence was admissible even though the drug raid was conducted by state officials on a different charge D. holding that the twolevel enhancement was appropriate where the gun cash and a drug ledger were found in one apartment and the drugs were found in a different apartment in the same building E. holding that statements by defendant and apartment manager that defendant lived in the apartment where drugs were found demonstrated his control over the apartment even though no documents personal effects or keys were found

assistant: The best answer is C. holding that because the jury was given a proper flight instruction the federal district court did not err in allowing testimony from a teenage girl babysitting defendants child in defendants apartment in which the girl told the jury that after defendant was informed of drug raid defendant failed to return to his apartment the court of appeals found the flight evidence was admissible even though the drug raid was conducted by state officials on a different charge
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be terminated by any Purchaser, as to such Purchaser’s obligations hereunder only and without any effect whatsoever on the obligations between the Company and the other Purchasers, by written notice to the other parties, if the Closing has not been consummated on or before September 30, 2016; provided , however , that no such termination will affect the right of any party to sue for any breach by any other party (or parties).

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: because each death sentence remains supported by at least one remaining statutory aggravating circumstance. See Tate v. State, 287 Ga. 364, 368 (7) (695 SE2d 591) (2010) (citing Zant v. Stephens, 462 U. S. 862 (103 SCt 2733, 77 LE2d 235) (1983)); Lance, 275 Ga. at 23 (25). 15. Martin argues that the trial court’s sentencing phase jury instructions on mitigating circumstances were improper in several ways. This matter has been waived for ordinary appellate purposes, because Martin requested these jury instructions, which were drawn from the pattern jury charges. See OCGA § 17-8-58 (applicable to trials occurring on or after July 1, 2007, and providing for “plain error” review where a jury charge was not objected to at trial); Pena v. State, 297 Ga. 418, 424 (6) (a) (774 SE2d 652) (2015) (<HOLDING>). However, pretermitting the question of the Options: A. holding trial courts error in overruling objection to prosecutors misstatement of law of intoxication that differed from definition in charge was harmless when there was evidence supporting the jurys verdict and it was presumed the jury followed the instructions in the charge B. holding that the defendants motion in limine which sought to exclude the evidence to which the defendant later made a general objection at trial adequately provided the context for determining the specific ground of objection C. holding that trial court did not err in refusing to give charge because plaintiff failed to demonstrate that his requested charge was tailored to the evidence D. holding that the plain error review provided for in ocga 17858 is waived where the defendant requested the charge in question and made no objection to the charge at trial E. holding that a noticebased objection to a motion to amend an indictment to charge the defendant as a habitual offender is waived if the defendant fails to make a specific and contemporaneous objection

assistant: The best answer is D. holding that the plain error review provided for in ocga 17858 is waived where the defendant requested the charge in question and made no objection to the charge at trial
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall be governed by and construed in accordance with the laws of the State of Nevada, without giving effect to any choice or conflict of law provision or rule (whether of the State of Nevada or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Nevada.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: linden lab has no obligation to monitor or enforce your intellectual property rights to your user content , but you grant us the right to protect and enforce our rights to your user content , including by bringing and controlling actions in your name and on your behalf ( at linden lab 's cost and expense , to which you hereby consent and irrevocably appoint linden lab as your attorney-in-fact , with the power of substitution and delegation , which appointment is coupled with an interest ) .

assistant: None