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: rate will be charged (See Clause 24) Total No. of Containers ONE (1) CONTAINER (S) ONLY or Packages (In words) See Pl’.s Stmt, of Genuine Issues ¶ 8; Deck of Hiroyuki Ohtake in Supp. of Def.’s Mot. for Summ. J. Ex. A. In the Ninth Circuit, if the parties designate a number of packages in the bill of lading, they are contractually bound for COGSA purposes by the number of packages stated. See Nemeth v. General Steamship Corp., 694 F.2d 609, 613-14 (9th Cir.1982) (concluding that three packages were shipped where bill of lading listed goods as “3 (three) cases household goods”). This rule applies to numbers placed in a column whose heading indicates that it is the column for the number of packages. See Travelers Indemnity Co. v. The Vessel Sam Houston, 26 F.3d 895, 901 (9th Cir.1994) (<HOLDING>). If the bill of lading specifies a number of Options: A. holding that bill of lading issued as to two containers was binding as to third container which was stolen and as to which no bill of lading issued provided that the bill of lading in evidence was the standard form bill of lading that carrier always used B. holding that the parties designated the number of packages in the bill of lading when they filled in the numbers 18 103 and 165 under the column heading no of pkgs C. holding that forum selection clause in a bill of lading issued to an nvocc binds the cargo owner because the nvocc acted as the cargo owners agent in accepting the bill of lading D. holding that 30 pallets were the cogsa packages where the bill of lading stated that there were 30 packages E. holding that terms of bill of lading apply to shipper where it brings suit thereunder

assistant: The best answer is B. holding that the parties designated the number of packages in the bill of lading when they filled in the numbers 18 103 and 165 under the column heading no of pkgs
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: that action to waive the state’s immunity with respect to that claim in toto and, therefore, to construe that waiver to encompass compulsory counterclaims, even though they could require affirmative recovery from the state.”); In re Straight, 143 F.3d 1387, 1392 (10th Cir.1998) (finding that a state’s proof of claim in bankruptcy proceedings waives Eleventh Amendment immunity from compulsory counterclaims); In re Creative Goldsmiths, 119 F.3d 1140, 1148 (4th Cir.1997) (suggesting that as long as the claims of the party opposing the plaintiff state “amount to a compulsory counterclaim, a state has waived any Eleventh Amendment immunity against that counterclaim in order to avail itself of the federal forum”); In re 995 Fifth Ave. Associates, L.P., 963 F.2d 503, 509 (2d Cir.1992) (<HOLDING>). Since Lapides, this trend among the circuits Options: A. holding that local school boards were not entitled to eleventh amendment immunity even though entitled to sovereign immunity in the same degree as the state itself from tort suits B. holding that the eleventh amendment protected the state from the risk of adverse judgments even though the state was fully indemnified by the federal government for any damages that would arise from that judgment C. holding that when a state files a proof of claim in a bankruptcy proceeding the state waives its eleventh amendment immunity with regard to the bankruptcy estates claims that arise from the same transaction or occurrence as the states claim D. holding that a state waives eleventh amendment immunity to claims that arise from the same transaction or occurrence E. holding that the eleventh amendment immunity bars title i employment discrimination claims against a state for monetary damages

assistant: The best answer is D. holding that a state waives eleventh amendment immunity to claims that arise from the same transaction or occurrence
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: made are inadmissible); Barrow v. State, 749 A.2d 1230 (Del.2000) (suppressing statements by juvenile -because parental notification statute violated); Palmer v. State, 626 A.2d 1358 (Del.1993) (reversing seventeen-year-old juvenile’s conviction because of police’s failure to timely notify custodian violated mandate of statute and constituted deprivation of defendant’s right to due process and self-incrimination rights); In re D.B., 303 Ill.App.3d 412, 237 Ill.Dec. 3, 708 N.E.2d 806, 811 (1999) (noting that purpose of law requiring immediate notification of parents when juvenile taken into custody “is to permit, where possible, a parent to confer with and counsel the juvenile before interrogation and confession”); Brown, supra, 182 Ill.App.3d 1046, 131 Ill.Dec. 534, 538 N.E.2d 909 (<HOLDING>); A Minor Boy v. State, 89 Nev. 564, 517 P.2d Options: A. recognizing that police officers may use reasonable force to make a lawful arrest B. holding court could not require parents to divulge incriminating information but court could consider parents failure to undergo meaningful therapy in deciding whether parents could regain their children C. holding ordinance requiring clinics to notify parents of their teenage daughters receipt of contraceptives unconstitutional D. holding that polices flagrant violation of statute requiring officers to make reasonable attempts to notify parents among factors causing court to determine that defendants statement was involuntary and therefore should be suppressed E. holding that defendants consent was involuntary where defendant consented to search following a warrantless entry and officers explained that absent consent the officers would obtain a warrant

assistant: The best answer is D. holding that polices flagrant violation of statute requiring officers to make reasonable attempts to notify parents among factors causing court to determine that defendants statement was involuntary and therefore should be suppressed
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: to the Holt plaintiffs regarding Betsy’s prior lawsuit and the settlement thereof bar application of the doctrine of laches at the summary judgment stage under the third prong of the above test. That is, plaintiffs testified that defendants told them that Betsy’s suit was without merit, that she was simply greedy, and when it came time for plaintiffs to sign off on the settlement in the case, defendants refused to disclose any details thereof, telling plaintiffs that “it didn’t concern” them. Further, it is undisputed that the record of Betsy’s 1990 lawsuit by clear and convincing evidence. Wilson, 286 S.W.2d at 556. A parol trust may be created even “where a deed is absolute on its face.” Evans, 258 S.W.2d at 921; see also Winn v. William, 292 Ky. 44, 165 S.W.2d 961, 965 (1942) (<HOLDING>). Here, the undisputed facts demonstrate that, Options: A. holding that a constructive trust is imposed in order to prevent injustice and that such a trust may be imposed when the circumstances show that it would be inequitable for the holder of legal title to retain the property B. holding that under california law a constructive trust may be sought only by the equitable owner of the trust res not by a creditor of the equitable owner C. recognizing where naked trust created the division of naked legal title and equitable title which may be united at option of cestui que trust D. holding that the legal title holders to real property held it in constructive trust for the equitable title holder who was entitled to the real property based on an earlier contract E. holding that by operation of law a trust results where a person holds naked title for the benefit of another

assistant: The best answer is C. recognizing where naked trust created the division of naked legal title and equitable title which may be united at option of cestui que trust
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: of the juvenile court as to dependent or neglected children. These chapters were enacted for the particular purpose of “establish[ing] an effective state and local system for the protection of children from abuse or neglect.” SDCL 26-8A-1. In so doing, the law requires that these statutes be liberally construed in favor of the child, the parents, and the state. SDCL 26-7A-6. The numerous constitutional safeguards embedded within chapters 26-7A and 26-8A also afford substantial protection. Similar provisions cannot be found in the more general Guardianship Act. [¶ 11.] The Department of Social Services (DSS) cannot be bypassed when custody is being involuntarily taken from a natural parent in favor of a non-parent. See SDCL 26-8A-27; Matter of Z.Z., 494 N.W.2d 608, 610 (S.D.1992) (<HOLDING>). Abuse and neglect allegations trigger the Options: A. holding that the guardianship must terminate unless the guardian proves by clear and convincing evidence that the petitioning parent is either unfit or has forfeited the right to custody B. holding that when the child was removed from the home because of the fathers actions the mother who had never been adjudicated an unfit parent had a superior right to custody as against third parties C. recognizing that the child custody act required that the natural parent presumption must be seriously considered and heavily weighted in favor of the parent but that the presumption is rebutted if the clear and convincing evidence establishes that the best interest of the child is served by awarding custody to the third party D. recognizing strong presumption in favor of parents right to custody absent misconduct or neglect which renders the parent unfit E. holding custody and guardianship of child whose natural parent is adjudicated unfit mandatorily vests with social services

assistant: The best answer is E. holding custody and guardianship of child whose natural parent is adjudicated unfit mandatorily vests with social services
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: All notices, requests, consents, claims, demands, waivers and other communications hereunder (each, a “ Notice ”) shall be in writing and addressed to the Parties at the addresses set forth on the books and records of the Company (or to such other address that may be designated by the receiving Party from time to time in accordance with this section). All Notices shall be delivered by personal delivery, nationally recognized overnight courier (with all fees pre-paid), facsimile or e-mail of a .PDF document (with confirmation of transmission) or certified or registered mail (in each case, return receipt requested, postage prepaid). Except as otherwise provided in this Agreement, a Notice is effective only (i) upon receipt by the receiving Party, and (ii) if the Party giving the Notice has complied with the requirements of this Section 15.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: some , but not all , actions that may constitute infringement are reproducing , performing , displaying , distributing , copying , reverse engineering , decompiling , disassembling , or preparing derivative works from content that belongs to ebay or someone else ;

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: within the meaning of the Sixth Amendment,” Sullivan, 508 U. S., at 280, certainly altered the understanding of the significance of such an error. Insofar as the majority means to suggest that a rule may be sufficiently “new” that it does not apply retroactively but not “new enough” to qualify for the watershed exception, I note only that the cases establishing this exception suggest no such requirement. Rather than focus on the “degree of newness” of a new rule, these decisions. emphasize that watershed rules are those that form part of the fundamental requirements of due process. See Teague, 489 U. S., at 311-312 (plurality opinion); Mackey, 401 U. S., at 693-694 (Harlan, J., concurring in judgments in part and dissenting in part); cf. O’Dell v. Netherland, 521 U. S. 151, 167 (1997) (<HOLDING>); Caspari v. Bohlen, 510 U. S. 383, 396 (1994) Options: A. holding that our standard of review for decisions of the health care authority board predecessor to the division is very narrow and that we will not disturb the boards statutory interpretations absent a compelling indication of error internal quotation marks and citations omitted B. holding that beneficiary of general support trust has a legal right to compel distribution of funds internal quotation marks omitted C. holding that narrow right of rebuttal established by simmons v south carolina 512 u s 154 1994 has hardly altered our understanding of the bedrock procedural elements essential to the fairness of a proceeding internal quotation marks omitted emphasis in original D. recognizing that the declaratory judgment act is only procedural and does not create substantive rights internal quotation marks and citations omitted E. holding that the test of competency is whether he the defendant has sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding and whether he has a rational as well as factual understanding of the proceedings against him internal quotation marks omitted

assistant: The best answer is C. holding that narrow right of rebuttal established by simmons v south carolina 512 u s 154 1994 has hardly altered our understanding of the bedrock procedural elements essential to the fairness of a proceeding internal quotation marks omitted emphasis in original
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 date hereof, Schedule 6 sets forth a true and accurate list of (a) all registrations of and applications for Patents, Trademarks, and Copyrights owned or co-owned by any Grantor that are registered or applied for in the PTO or United States Copyright Office or registered or applied for outside the United States and (b) all exclusive in-bound Patent Licenses, Trademark Licenses and Copyright Licenses held by such Grantor.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: denied.” II. ANALYSIS Lommen did not file his notice of appeal until 71 days after the district court’s dismissal of his case for lack of subject matter jurisdiction. The Federal Rules of Appellate Procedure require litigants in civil cases to file a notice of appeal “with the district clerk within 30 days after the judgment or order appealed from is entered.” Fed. RApp. P. 4(a)(1)(A). But certain post-decision motions, including a motion for reconsideration, toll this 30-day period. Id. at 4(a)(4). “[A]ny of the tolling motions must be filed within 10 days after entry of the judgment,” however, and Lommen’s motion for reconsideration was not filed until 40 days after the district court’s dismissal of his action. See Myers v. Ace Hardware, Inc., 777 F.2d 1099, 1103 (6th Cir.1985) (<HOLDING>). Because Lommen failed to appeal the district Options: A. holding that a timely motion for reconsideration tolls the statute of limitations even if the motion is procedurally invalid B. holding that a california habeas petition is timely if filed within a reasonable time C. holding 30day grace period could begin at any time so long as it was filed before the hearing on the defendant doctors motion to dismiss D. holding that a postdecision motion only tolls the 30day requirement if it is timely filed E. holding that notice of appeal was not effectively taken where appeal was filed simultaneously with timely motion for reconsideration because when timely motion for reconsideration is filed a notice of appeal filed prior to disposition of the motion to reconsider has no effect

assistant: The best answer is D. holding that a postdecision motion only tolls the 30day requirement if it is timely filed
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: therefore, more friendly toward defendants. Defendant offers no support for his position other than conclusory statements, and we can locate no case law to support the notion that those who drive, but do not vote, are considered a “distinct group.” Our sister circuits have adopted a three-part test for determining whether a group is “distinctive.” Factors considered include whether: 1) the group is defined by a limiting quality (i.e. the group has a definite composition such as race or sex); 2) a common thread or basic similarity in attitude, idea, or experience runs through the group; and 3) a community of interests exists among members of the group such that the group’s interest Blacks, and Hispanics as distinct groups); United States v. Yazzie, 660 F.2d 422, 426 (10th Cir.1981) (<HOLDING>). Like college students and certain age groups, Options: A. recognizing native americans as a distinct group B. recognizing as a distinct social group gay men with female sexual identities in mexico C. holding that unjustified segregation constitutes discrimination prohibited by the americans with disabilities act D. recognizing women as a distinct group E. holding that residents of a geograph ic area are not a distinct cognizable group and citing united states v test which made clear that a geographic area is not a distinct group for support

assistant: The best answer is A. recognizing native americans as a distinct group
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: (i) Each of the Acquisition Agreement Representations shall have been accurate as of 8:00 a.m. (eastern Australian time) on the Second Court Date and (ii) each of the Specified Representations shall be accurate on the Funding Date, and the Administrative Agent shall have received a certificate, dated as of the Funding Date, of a senior officer of the Parent certifying each of the foregoing.

assistant: Representations
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 purchaser assume that responsibility. ECRA further provides that the DEP or transferees can void the sale if the trans-feror fails to comply with any provision of the Act, and that penalties of up to $25,000 per day may be imposed on those who fail to comply. The Act also provides that obligations imposed by the Act are intended to “constitute continuing regulatory obligations imposed by the state” and are not to be considered as liens or claims dis-chargeable in bankruptcy. In re Borne Chemical Co., 54 B.R. at 128. Obviously, the interests could not be satisfied with a money judgment. See Torwico Elecs., Inc., v. New Jersey Dep’t of Envtl. Protection (In re Torwico Elecs., Inc.), 8 F.3d 146, 150-51 (3d Cir.1993), cert. denied, — U.S. -, 114 S.Ct. 1576, 128 L.Ed.2d 219 (1994) (<HOLDING>). In the case at issue, DMAS can be compelled Options: A. recognizing inherent power of bankruptcy courts to equitably surcharge a debtors exemption to protect integrity of the bankruptcy process and to ensure that debtor does not exempt amount greater than allowed under bankruptcy code B. holding that the bankruptcy code endows the bankruptcy trustee with the exclusive right to sue on behalf of the estate C. holding debtors obligation to clean up hazardous waste on property was not claim under bankruptcy code state didnt have right to payment but instead had right to force debtor to comply with existing environmental laws D. holding that bankruptcy court is without jurisdiction to control disposition of chapter 13 debtors property that is not property of the bankruptcy estate unless the property is related to the bankruptcy proceedings of the code E. holding that the bankruptcy code should not be understood to force bankruptcy courts to use statelaw procedures and statelaw actors to determine what portion of a debtors real property is an exempt homestead

assistant: The best answer is C. holding debtors obligation to clean up hazardous waste on property was not claim under bankruptcy code state didnt have right to payment but instead had right to force debtor to comply with existing environmental laws
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Settlement Agreement has been drafted through a cooperative effort of the Settling Parties, and no Settling Party shall be considered the drafter of this Settlement Agreement so as to give rise to any presumption of convention regarding construction of this document. All terms of this Settlement Agreement were negotiated in good faith and at arm’s‑length, and this Settlement Agreement was prepared and executed without fraud, duress, undue influence, or coercion of any kind exerted by any of the Settling Parties upon the other. The execution and delivery of this Settlement Agreement is the free and voluntary act of the Settling Parties.

assistant: Construction
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: or directly solicit business here. After considering the facts set out above, the trial court denied CTE’s motion to dismiss for lack of personal jurisdiction. CTE filed a petition for a writ of mandamus with this court, which we denied. As noted, after the Court issued its decision in Nicastro, it granted CTE’s petition for certiorari, vacated our order, and remanded the case to us for further consideration in light of Nicastro. On remand, the parties have briefed the question whether, in light of the decision in Nicastro, Oregon may assert personal jurisdiction over CTE. We turn to that question. The dispute in this case is narrow. CTE does not contend that Oregon’s long-arm statute does not reach its conduct. Cf. North Pacific v. Guarisco, 293 Or 341, 351-52, 356, 647 P2d 920 (1982) (<HOLDING>). Rather, CTE recognizes that ORCP 4 L provides Options: A. holding that the title of the statute did not limit the reach of the statute B. holding that although plaintiffs met their burden of establishing personal jurisdiction over their claims for negligent infliction of emotional distress under nc gen stat 17544 the longarm statute did not confer personal jurisdiction over plaintiffs claims for wrongful death and property damage C. recognizing that personal jurisdiction of federal courts of course may be grounded in state longarm or other jurisdiction statutes in civil rico cases D. holding that oregon courts lacked personal jurisdiction over outofstate defendants to adjudicate a cause of action that did not fall within the reach of the thenapplicable longarm statute E. holding that the massachusetts longarm statute provides for jurisdiction over a nonresident personal representative when the decedent had sufficient contacts with the forum such that the decedent would have been subject to personal jurisdiction had he lived

assistant: The best answer is D. holding that oregon courts lacked personal jurisdiction over outofstate defendants to adjudicate a cause of action that did not fall within the reach of the thenapplicable longarm statute
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 remain in effect for the Term. If the Agreement is in effect at the end of the Initial Term, the Term shall be renewed automatically for successive twelve-month periods unless and until one party gives written notice to the others of its or his intent not to extend this Agreement with such written notice to be given not less than ninety (90) days prior to the end of the Initial Term or any such twelve-month period. In the event such notice of non-extension is properly given, this Agreement shall terminate at the end of the remaining Term then in effect, subject to earlier termination in connection with the termination of the Executive’s employment pursuant to Section 4 hereof. In the event that either party provides timely notice of non-renewal of the Agreement, but the Executive continues to provide services to the Employer as an employee following the expiration of the then Term, such post-expiration employment shall be deemed to be performed on an “at-will” basis and either party may thereafter terminate such employment with or without notice and for any or no reason and without any obligations determined by reference to this Agreement.

assistant: Terms
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: search and sniff. That refusal obviously cannot provide the basis for supporting reasonable suspicion. See also Wood, 106 F.3d at 946; Palenkas, 188 Ariz. at 212, 933 P.2d at 1280; Ballard, 617 N.W.2d at 842, ¶ 17. ¶ 52 If Officer Craft did not have reasonable suspicion sufficient to detain Appellant at the conclusion of the traffic stop, he certainly did not gain any additional insights to arrive at such a conclusion during this extremely brief consensual encounter. If he did have reasonable suspicion, then he was obligated to act on it before telling Appellant he could leave. Johnson, — U.S. at —, 129 S.Ct. at 786 (stating that once reasonable suspicion is aroused, police officers must be positioned to act instantly on that suspicion); see also Terry, 392 U.S. at 20, 88 S.Ct. 1868 (<HOLDING>). He failed to do so and assumed the risk that Options: A. holding that there was reasonable suspicion to stop the defendant based on his presence in an area known for heavy narcotics trafficking and his flight upon seeing police officers B. holding that an officer has reasonable suspicion to conduct traffic stop even when his suspicion that a law has been violated is based on a reasonable mistake of law C. recognizing a cause of action under 1983 based upon the discriminatory denial of police services D. holding reasonable suspicion is based on totality of circumstances E. recognizing the need for police officers to take swift action based upon onthespot observations that lead to reasonable suspicion

assistant: The best answer is E. recognizing the need for police officers to take swift action based upon onthespot observations that lead to reasonable suspicion
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: it is the word of Milcayla against the plea of not guilty that [appellant] entered .... So if you are looking for a reason to not believe [the victim] there isn’t one. Because there is no evidence that she would have made this up at this particular time under these particular circumstances. And that’s the consideration you should make in deciding whether or not her testimony is credible. (Emphasis added). These comments were objected to contemporaneously, and thus, the issue was properly preserved. A comment suggesting a witness gave “uncontra-dicted” or “uncontroverted” evidence is an impermissible comment on appellant’s right .to remain silent in those cases where the defendant is the only individual who can contradict the evidence. Hill v. State, 980 So.2d 1195 (Fla. 3d DCA 2008) (<HOLDING>); see also Watts v. State, 921 So.2d 722, 724 Options: A. recognizing that davis was concerned only with the right to counsel and not the right to remain silent B. holding district courts rejection of appellants uncontroverted valuation testimony compelled remand C. holding testimony that defendant had no response to question during police interview was not impermissible comment on his constitutional right to remain silent where defendant had voluntarily waived his miranda rights D. holding the states comment that the only witness gave uncontradicted and uncontroverted testimony establishing appellants guilt was an impermissible comment on appellants right to remain silent where appellant was the only individual capable of refuting the witnesss testimony E. holding state did not impermissibly comment on defendants right to remain silent when it crossexamined him on the inconsistency of his testimony with the prior statement he made to the arresting officer after being given the miranda warnings

assistant: The best answer is D. holding the states comment that the only witness gave uncontradicted and uncontroverted testimony establishing appellants guilt was an impermissible comment on appellants right to remain silent where appellant was the only individual capable of refuting the witnesss testimony
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: 74 F.3d at 598, a “found in” violation occurs when a deported alien remains in the United States knowing that his continued presence is unlawful, and he is subsequently found by immigration officials. Stated differently, the deported alien’s reentry immediately gives rise to a duty to leave this country; his apparently intentional failure to do so is unlawful. Id.; see also Ayala, 35 F.3d at 425. Because an alien’s prior deportation generally imparts to him the knowledge that reentering and staying would violate federal law, there will be precious few instances in which a violator will be unaware of his duty to leave this country after reentry. See Santana-Castellano, 74 F.3d at 598; see also Lambert v. California, 355 U.S. 225, 229, 78 S.Ct. 240, 2 L.Ed.2d 228 (1957) (<HOLDING>). In keeping with the continuing nature of Options: A. holding with respect to an ordinance requiring convicted felons present in los angeles to register with the police that due process required actual knowledge of the duty to register or proof of the probability of such knowledge and subsequent failure to comply B. recognizing that duty to warn of dangerous conditions could be based on constructive knowledge of that condition as well as actual knowledge C. holding that the knowledge required by 14202 of the mcdca refers to actual knowledge or reckless disregard as to the falsity of the information or the existence of the right D. holding that a common law breach of contract action will lie for the insurers failure to comply with its obligation to act in good faith and with due care in representing the interests of the insured in its failure to settle with a third party E. holding that the knowledge requisite to knowing violation of a statute is factual knowledge as distinguished from knowledge of the law

assistant: The best answer is A. holding with respect to an ordinance requiring convicted felons present in los angeles to register with the police that due process required actual knowledge of the duty to register or proof of the probability of such knowledge and subsequent failure to comply
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: All notices and demands by the Lender to Borrower under this Agreement shall be in writing and shall be effective on the earliest of (a) personal delivery to Borrower; (b) two (2) days after deposit in first class or certified United States mail, postage prepaid, addressed to Borrower at the address set forth in the Loan Schedule; and (c) one (1) business day after deposit with a reputable overnight delivery service, delivery charges prepaid, addressed to Borrower at the address set forth in the Loan Schedule. All notices and demands by Borrower to the Lender under this Agreement shall be in writing and shall be effective on actual receipt by the Lender at the Lender’s address shown in the Loan Schedule; provided, however, that non-receipt of any such notice or demand by the Lender as a result of the Lender’s refusal to accept delivery or the Lender’s failure to notify Borrower of the Lender’s change of address shall be deemed to constitute receipt by the Lender. The addresses specified in the Loan Schedule may be changed by notice given in accordance with this Section.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: except as otherwise described in the service 's privacy policy , available at http://instagram.com/legal/privacy/ , as between you and instagram , any content will be non-confidential and non-proprietary and we will not be liable for any use or disclosure of content .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company, by written action of SVP-HR, reserves the right to amend this Plan, in whole or in part, or to discontinue or terminate the Plan, at any time in its sole discretion. Notwithstanding the foregoing, any amendment, discontinuance, or termination with respect to Senior Officers must be made by the HR and Compensation Committee, provided that, the SVP-HR may make any amendment that does not materially change benefits or obligations under this Plan. Furthermore, for a period of two years following a Change in Control of the Company, the Plan may not be discontinued or terminated or amended in such a manner that decreases the benefits payable to an Eligible Employee or that makes any provision less favorable for an Eligible Employee.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Subject to the satisfaction or waiver of the closing conditions contained herein, the purchase, sale, and issuance of the Shares shall take place at a closing (the “ Closing ”) to be held remotely via exchange of documents and signatures on December 19, 2016, subject to an extension at the option of the Company to a later date, which date shall not be later than December 31, 2016 (the day on which the Closing takes place, the “ Closing Date ”).

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 case excerpt and choose the best holding from the options. Case excerpt: actions, standing alone, demonstrates an intent to forestall review unless and until the forfeiture process is completed. The legislative history cited by the FCC sheds no light on the issue. In 1978, Congress amended the Communications Act “to unify, simplify, and enlarge the scope of the forfeiture provisions,” but made no attempt to limit judicial review. S.Rep. No. 95-580, at 1 (1978), reprinted in 1978 U.S.C.C.A.N. 109. It simply added an alternative approach, giving the FCC the option of holding an adjudicatory hearing in “the exceptional forfeiture ease, where urgency, precedent value, or convenience of the Commission warrants a proceeding exclusively under the Commission’s control until a final judgment on appeal is obtained.” Id. at 4, 1978 d 564, 566 (10th Cir.1995) (<HOLDING>). We determine that nothing in the Options: A. recognizing limitations existence in other circuits B. holding that case law from other circuits squarely precluded jurisdiction over preenforcement ruling under the clean air act C. holding the epa could regulate air pollutants under the clean air act solely on the basis of the pollutants risk to human health D. holding that district courts are without jurisdiction to review preenforcement orders issued under the clean water act E. holding judicial review of a preenforcement ruling unavailable under the clean air act because early intervention would interfere with statutorilyrequired efforts at negotiation and compromise

assistant: The best answer is B. holding that case law from other circuits squarely precluded jurisdiction over preenforcement ruling under the clean air act
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Following the Employment Period, Mr. Wardinski shall assist and cooperate with Playa Resorts and the Playa Affiliates in the orderly transition of work to others if so requested by Playa Resorts or the Playa Affiliates. Mr. Wardinski shall cooperate with Playa Resorts and the Playa Affiliates and be responsive to requests for information by any of them relating to their respective business matters about which Mr. Wardinski may have information or knowledge and reasonably assist Playa Resorts and the Playa Affiliates, as the case may be, with any litigation, threatened litigation or arbitration proceeding relating to Playa Resorts’ or any Playa Affiliate’s business as to which business Mr. Wardinski had relevant knowledge, and Playa Resorts shall reimburse Mr. Wardinski for reasonable costs, including attorneys’ fees and expenses, actually incurred by Mr. Wardinski in connection with such assistance.

assistant: Cooperation
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 Executive is employed as Executive Vice President/Chief Credit Officer of the Bank. In this capacity, the Executive shall have such duties and responsibilities as may be designated to the Executive by the President of the Bank in accordance with the objectives or policies of the Board of Directors of the Bank, from time to time, in connection with the business activities of the Bank.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Other than consummating the transactions contemplated hereunder, such Purchaser has not, nor has any Person acting on behalf of or pursuant to any understanding with such Purchaser, directly or indirectly executed any purchases or sales, including Short Sales, of the securities of the Company during the period commencing as of the time that such Purchaser first received a term sheet (written or oral) from the Company or any other Person representing the Company setting forth the material pricing terms of the transactions contemplated hereunder and ending immediately prior to the execution hereof. Notwithstanding the foregoing, in the case of a Purchaser that is a multi-managed investment vehicle whereby separate portfolio managers manage separate portions of such Purchaser’s assets and the portfolio managers have no direct knowledge of the investment decisions made by the portfolio managers managing other portions of such Purchaser’s assets, the representation set forth above shall only apply with respect to the portion of assets managed by the portfolio manager that made the investment decision to purchase the Securities covered by this Agreement. Other than to other Persons party to this Agreement or to such Purchaser’s representatives, including, without limitation, its officers, directors, partners, legal and other advisors, employees, agents and Affiliates, such Purchaser has maintained the confidentiality of all disclosures made to it in connection with this transaction (including the existence and terms of this transaction). Notwithstanding the foregoing, for the avoidance of doubt, nothing contained herein shall constitute a representation or warranty, or preclude any actions, with respect to locating or borrowing shares in order to effect Short Sales or similar transactions in the future.

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 legal provision and list the applicable contract clause categories. Provision: The Purchaser is a limited partnership, duly organized, validly existing and in good standing under the laws of Delaware and has all requisite limited partnership power and authority to own, operate and lease its properties and to carry on its business as it is being conducted on the date of this Agreement.

assistant: Organizations
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: Notices under this Agreement must be given in writing, by personal delivery, regular mail or receipted email, at the parties’ respective addresses shown on this Agreement (or any other address so designated in writing by either party), with a copy, in the case of the Company, to the attention of Viacom Inc.’s General Counsel. Any notice given by regular mail shall be deemed to have been given three (3) days following such mailing.

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 legal provision and list the applicable contract clause categories. Provision: Any term or provision of this Agreement that is invalid or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without rendering invalid or unenforceable the remaining terms and provisions of this Agreement or affecting the validity or enforceability of any of the terms and provisions of this Agreement 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: the notice of appeal is improper. Id. A defendant who pleads guilty or nolo contendere pursuant to a plea bargain and is sentenced in accordance with that plea bargain must comply with the notice provisions of Rule 25.2(b)(3) to perfect her appeal. Tex.R.App. P. 25.2(b)(3); Cooper v. State, 45 S.W.3d 77, 78-79 (Tex.Crim.App.2001). Rule 25.2(b)(3) requires such a defendant in her notice of appeal to: 1) specify that the appeal is for a jurisdictional defect; 2) specify that the substance of the appeal was raised by written motion and ruled on before trial; or 3) state that the trial court granted permission to appeal. Tex.R.App. P. 25.2(b)(3). The failure of an appellant to follow Rule 25.2(b)(3) deprives an appellate court of jurisdiction over the appeal. See White, 61 S.W.3d at 428-29 (<HOLDING>). Furthermore, Rule 25.2(b)(3)’s notice Options: A. holding that failure to follow gaap without more is insufficient to establish scienter B. holding that failure to follow mandatory provision of statute renders the act void whereas failure to follow directory provision does not C. holding that the failure to follow rule 252b3a was jurisdictional D. holding that a claimants failure to lose weight does not constitute a refusal to follow the treatment E. holding that a violation of the forum defendant rule is a jurisdictional defect

assistant: The best answer is C. holding that the failure to follow rule 252b3a was jurisdictional
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: 371, 391-92 (S.D.N.Y.2001), which held that "[a]n internal decision to rescind an offer is not an adverse action.” Obabueki is distinguishable, however, because the parties failed to bring the catchall provision to the Court’s attention so the Court did not consider whether forming an internal intent is an "adverse action” under that provision, and the Court emphasized that "internal discussions had no impact” on the plaintiff until the company “acted by letter” to inform him that his conditional offer of employment was withdrawn. Id. at 379, 391-92. Even under Obabueki, the Complaint sufficiently alleges adverse action because the Notice informed Plaintiff that his condition offer had been revoked. Cf. Burghy v. Dayton Racquet Club, Inc., 695 F.Supp.2d 689, 703 (S.D.Ohio 2010) (<HOLDING>). Other district courts have distinguished Options: A. holding that an adverse action occurs when the decision is carried out when it is communicated or actually takes effect B. holding in dicta that subsection 9 as a rule of evidence would apply to litigation pending when the law takes effect C. holding that it is not D. holding that termination is an adverse employment action E. holding that for the purposes of admiralty jurisdiction a tort occurs where the negligence takes effect not where the negligent act occurred

assistant: The best answer is A. holding that an adverse action occurs when the decision is carried out when it is communicated or actually takes effect