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: County, 366 Mich. 250, 114 N.W.2d 205, 208 (1962). 19 . State v. Putman, 552 A.2d 1247, 1249 (Del.Super.Ct.1988). 20 . Poynter, 177 A.2d at 646. See 56 Am.JuR.2d Municipal Corporations, Etc. § 329 (2005). 21 . See Fogle v. H & G Restaurant, Inc., 337 Md. 441, 654 A.2d 449, 460 (1995) ("A state law may preempt a local law or regulation in one of three ways: 1) by conflict, 2) expressly, or 3) by implication.”). The Court of Appeals of Maryland defined implied preemption as "when the legislature ... so forcibly expresses] its intent to occupy a specific field of regulation that the acceptance of the doctrine of pre-emption by implication is compelled.” Id. 22 . See, e.g., Goodell v. Humboldt County, 575 N.W.2d 486, 493 (Iowa 1998). 23 . See Hayward v. Gaston, 542 A.2d 760, 767 (Del.1988) (<HOLDING>). See also Goodell, 575 N.W.2d at 493 ("Implied Options: A. holding that the kent county zoning ordinance was not preempted by chapter 90 of the delaware code because they were not inconsistent B. holding that because the board of aldermen only decided whether to grant a variance under the zoning ordinance the superior court erred by determining the question of the constitutionality of the zoning ordinance which was never raised or considered by the board of aldermen C. holding that setback and height requirements in zoning ordinance were not preempted by the solid waste act because they related to land use and not operation of a landfill D. holding that county of delaware was not a person for purposes of fca liability E. holding that the city was not estopped from enforcing a zoning ordinance when a zoning department employee mistakenly stamped the plaintiffs application for a license to operate a laundromat to indicate compliance with the ordinance

assistant: The best answer is A. holding that the kent county zoning ordinance was not preempted by chapter 90 of the delaware code because they were not inconsistent
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 Lenders hereby temporarily waive compliance with Section 7.1(a) and (c) of the Credit Agreement, in each case for the Reference Quarter ending March 31, 2017, which waiver shall terminate as of June 30, 2017.

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: network/country selection button/item or any other button/item which caused the signal including the two country codes to be sent.” C. TPLLC’s Claim Charts TPLLC originally filed its claim charts articulating its theories of infringement on June 15, 2009. See Doc. No. 1251-3. In light of the Court’s claim-construction rulings dated August 25, 2010, TPLLC moved to amend its claim chart on October 12, 2010. See Doc. No. 1435. The original claim charts contained theories that were unquestionably vulnerable in light of the Court’s claim-construction rulings. Compare, e.g., id. at 9 (stating that the “another country” that is first in an ordered list of countries created by the RU is “different than the second country, but ... may or may not be the first country”), with Doc. No. 1415 at 24 (<HOLDING>). The amended charts delete TPLLC’s Options: A. holding that the bia has a duty to explicitly consider country conditions evidence that materially bears on his claim B. holding that the state department country report constituted substantial evidence to support the agencys finding of changed country conditions in guatemala C. holding that for purposes of claim 4 another country means a country other than the first and second country explicitly rejecting tpllcs proposed construction D. holding that in evaluating evidence of changed country conditions the bia compares the evidence of country conditions submitted with the motion to those that existed at the time of the merits hearing below E. holding that 8 cfr 10032c3ii applies to changed country conditions in the country of origin or deportation and not changed personal circumstances in the united states

assistant: The best answer is C. holding that for purposes of claim 4 another country means a country other than the first and second country explicitly rejecting tpllcs proposed 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: a “place of business” is “any place where cigarettes are sold ... by the holder of an Iowa permit.” Iowa Code § 453A.1(19) (emphasis added). Although the word “place” has many definitions, it is our -judgment the one that fits best in this context is “a building or locality used for a special purpose.” Webster’s Third New International Dictionary 1727 (unabr. ed.2002). While the word “any” also has many meanings, in this context, we think it more likely means “one, no matter what one: every” Id. at 97. We interpret Nash Finch’s argument to rest on the premise that “place” means a precise “building” or address. But under the common meaning of the terms, “any place” might also mean wherever the business is conducted. Cf. State v. Cahalan, 204 Iowa 410, 412-13, 214 N.W. 612, 613 (1927) (<HOLDING>). Because neither interpretation is Options: A. holding place as used in statute defining liquor nuisance was not limited to a particular building but included entire area where illicit liquor business was conducted B. holding that probable cause to stop a vehicle was supported by the fact that the defendant had previously been arrested for illegally transporting liquor C. holding that rental value was properly included as part of damages on action for breach of building contract where contractor failed to complete building within contracted time D. holding that even though labeled a tax on conducting retail liquor business challenged statute was nevertheless a penalty designed to punish the violation of state liquor laws E. holding that injury to business or property was not limited to commercial interests

assistant: The best answer is A. holding place as used in statute defining liquor nuisance was not limited to a particular building but included entire area where illicit liquor business was conducted
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: “Mere ‘knowledge of the acts alleged to constitute infringement’ is not sufficient.” Id. at 1368 (quoting DSU Med. Corp. v. JMS Co., 471 F.3d 1293, 1305 (Fed. Cir. 2006)). In establishing the predicated direct infringement, a patentee need not present direct evidence of infringement, because a finding that the accused device contains all the limitations of the asserted claims may be done with direct or circumstantial evidence. 02 Micro Int’l Ltd. v. Beyond Innovation Tech. Co., Ltd., 449 Fed.Appx. 923, 928 (Fed. Cir. 2011) (citing Lucent Techs., Inc. v. Gateway, Inc., 580 F.3d 1301, 1318 (Fed. Cir. 2009); Symantec Corp. v. Computer Assocs. Int’l, Inc., 522 F.3d 1279, 1293 (Fed. Cir. 2008)); Metabolite Labs., Inc. v. Lab. Corp. of Am. Holdings, 370 F.3d 1354, 1364 (Fed. Cir. 2004) (<HOLDING>). For example, “use of instruction manuals [may Options: A. holding that direct evidence of defendants dna found at the scene was direct evidence merely of a circumstance that suggested his participation in the burglary and theft but was not direct evidence of his participation in the burglary B. holding circumstantial evidence has equivalent standing to direct evidence in criminal prosecution C. holding that direct and circumstantial evidence are to be given the same weight when reviewing the sufficiency of the evidence D. holding that circumstantial evidence was sufficient to show that a method step was carried out by the direct infringer even in the absence of direct evidence for direct infringer E. recognizing the difficulty of determining a nonspeculative hypotheticallicense damages amount when the infringer is a direct competitor

assistant: The best answer is D. holding that circumstantial evidence was sufficient to show that a method step was carried out by the direct infringer even in the absence of direct evidence for direct infringer
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 term (“Term”) of this Agreement shall commence on the date set forth above and shall terminate upon the earlier to occur of: (a) written consent of all parties to this Agreement, or (b) the departure of Shai Lustgarten as the CEO of Quest Solution, Inc. Upon the sale of Shares, the respective interest in this agreement will expire.

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: Price and Michael Mitchell as experts. Again, the Defendant restates his arguments from a previous motion on the same issue. See Def. Motion in Limine to Bar Qualification of Experts and Expert Testimony (d/e 101). The Court adopts the facts and findings of its previous opinion denying the Defendant’s motion and, holds that Ellen Price -and Michael Mitchell qualify as experts. Therefore, the Court finds that it did not err in denying the Defendants motion in limine. See Opinion (d/e 137) at 17-23. 6. The Court Did Not Err By Excluding the Defendant’s Exhibits and Witnesses. The Defendant next argues that the Court erred by excluding the Defendant’s exhibits and witnesses prior to trial. The Défendant’s argument mirrors his argument for acquittal based on Palomino-Coronado, 805 F.3d 127 (<HOLDING>). The Defendant claims that he was prevented Options: A. holding that while the government was required to prove that the defendants phone call crossed a state line the government did not need to prove that the defendant knew of the interstate nexus B. holding that the defendant failed to demonstrate government acquiescence in part because he never reported alleged gang incidents to the government and therefore could not prove that the government was even aware of a problem C. holding that the government is not required to present exculpatory evidence to the grand jury D. holding that the government did not present sufficient evidence to support a guilty verdict in a 2251 case because the government did not provide evidence to prove that the defendant intended to create a visual depiction of the sexual conduct E. holding that the government must prove the facts used in sentencing by a preponderance of the evidence

assistant: The best answer is D. holding that the government did not present sufficient evidence to support a guilty verdict in a 2251 case because the government did not provide evidence to prove that the defendant intended to create a visual depiction of the sexual conduct
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: by the prosecution of evidence favorable to an accused upon request violates due process where the evidence is material either to guilt or to punishment, irrespective of the good faith or bad faith of the prosecution.” Brady, 373 U.S. at 87, 83 S.Ct. 1194. The Supreme Court later held in United States v. Agurs, 427 U.S. 97, 96 S.Ct. 2392, 49 L.Ed.2d 342 (1976), that "the duty to disclose such evidence is applicable even though there has been no request by the accused.” Strickler v. Greene, 527 U.S. 263, 280, 119 S.Ct. 1936, 144 L.Ed.2d 286 (1999) (citing Agurs, 427 U.S. at 107, 96 S.Ct. 2392). 4 . Hurst also makes a passing reference in his brief to a Giglio claim in relation to Smith’s trial testimony. See Giglio v. United States, 405 U.S. 150, 92 S.Ct. 763, 31 L.Ed.2d 104 (1972) (<HOLDING>). We find this claim to be without merit Options: A. holding that a prosecutor accused of knowingly presenting false testimony at trial is protected by absolute immunity B. holding that a conviction violated due process because the prosecutor knowingly refused to disclose crucial exculpatory evidence to the defendant C. holding that prosecutor cannot obtain conviction with the aid of false testimony where the prosecutor knows such testimony is false D. holding that a person violates the bank fraud statute when he knowingly executes a scheme to obtain money from a financial institution by means of false or fraudulent representations if a defendant knowingly provided materially false information in order to induce the loan the crime is complete and it is irrelevant whether or not he intended to repay or was capable of repaying it E. holding that the prosecutor is prohibited from knowingly presenting or failing to correct false and material evidence against the defendant

assistant: The best answer is E. holding that the prosecutor is prohibited from knowingly presenting or failing to correct false and material evidence against the defendant
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 Purchaser covenants that neither it nor any Affiliate acting on its behalf or pursuant to any understanding with it will execute any purchases or sales, including Short Sales of any of the Company’s securities during the period commencing with the execution of this Agreement and ending at such time that the transactions contemplated by this Agreement are first publicly announced pursuant to the Form 8-K described in Section 4.4. Each Purchaser covenants that until such time as the transactions contemplated by this Agreement are publicly disclosed by the Company pursuant to the Form 8-K as described in Section 4.4, Purchaser will maintain the confidentiality of the existence and terms of this transaction and the information included in the Disclosure Schedules. Acuitas acknowledges that in connection with the appointment of Mr. Peizer pursuant to Section 2.2(a)(vii), Acuitas will be subject to certain obligations of confidentiality, as more fully described in Schedule 4.13 .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: 806; Farrell v. City of Auburn, 2010 ME 88, ¶¶1, 8, 3 A.3d 385 (each dismissing an 80B appeal from a notice of violation because, no matter how we ruled, the municipality retained discretion to initiate, or decline to initiate, a Rule 80K enforcement action). Some recent developments require review of that precedent. [¶ 10] In 2012, the United States Supreme Court held in Sackett v. EPA, 566 U.S.-, 132 S.Ct. 1367, 182 L.Ed.2d 367 (2012), that an Environmental Protection Agency “compliance order,” the equivalent of a municipal notice of violation, was a final agency action subject to judicial review because the order affected the use of the property at issue and appeal was the only adequate remedy. Id. at 1372-74; see also Annable v. Bd. of Envtl. Prot., 507 A.2d 592, 595-96 (Me.1986) (<HOLDING>). Here, like the compliance order at issue in Options: A. recognizing that an advisory opinion is one that offers an opinion on a moot issue B. recognizing that the district court did not reach the merits C. holding that a court may reach the merits in a declaratory judgment action when an agency decision although a notice or advisory opinion can affect property uses D. holding that where the question to be resolved in the declaratory judgment action will be decided in a pending action it is inappropriate to grant a declaratory judgment E. holding that the supreme court will not issue advisory opinion on issue not before the court

assistant: The best answer is C. holding that a court may reach the merits in a declaratory judgment action when an agency decision although a notice or advisory opinion can affect property uses
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 kind defined in [26 U.S.C.] § 5845 ... involves the substantial risk of violence necessary to label the possession a crime of violence,” United States v. Dunn, 946 F.2d 615, 621 (9th Cir.1991), and Defendant’s sawed-off shotgun is of the type described in § 5845(a). The district court therefore should have applied the Career Offender Guideline only to Count 4, possession of an unregistered sawed-off shotgun. Instead, the district court erred by imposing a Career Offender sentence on all counts. If a district court incorrectly applies the Sentencing Guidelines and its error is not harmless, then we vacate the sentence and remand for resentencing. United States v. Cantrell, 433 F.3d 1269, 1279 (9th Cir.2006); see also United States v. Menyweather, 447 F.3d 625, 634 (9th Cir.2006) (<HOLDING>). Here, we cannot say with certainty that Options: A. recognizing that any error would be harmless to the government in this case because the district court couldand wouldimpose the same sentence again under the nowadvisory guidelines regime B. holding that any error was harmless because under the unusual circumstances present in this thirdtime appeal we recognize that the district court could and would impose the same sentence again C. holding a constitutional booker error harmless on the ground that because the district court stated its sentence would be the same even if the guidelines were only advisory we know with certainty beyond a reasonable doubt what the district court would do upon remand D. holding any possible error in a guidelines calculation harmless where this court was confident that the district court could and would impose the same sentence again under the nowadvisory guidelines regime E. holding that booker constitutional error was harmless beyond a reasonable doubt because on remand the district court would have given defendant the same sentence

assistant: The best answer is B. holding that any error was harmless because under the unusual circumstances present in this thirdtime appeal we recognize that the district court could and would impose the same sentence again
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: There are no actions, suits, proceedings or investigations pending or, to the knowledge of Source, threatened against Source, or affecting Source or its properties, at law or in equity, before any court or other governmental agency or instrumentality, domestic or foreign, or before any arbitrator of any kind. Source is not in default with respect to any judgment, order, writ, injunction, decree, award, rule or regulation of any court, arbitrator, or governmental agency or instrumentality.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Article and Section headings and the Table of Contents used herein are for convenience of reference only, are not part of this Agreement and shall not affect the construction of, or be taken into consideration in interpreting, this Agreement. None of the Joint Lead Arrangers or the Syndication Agent shall have any responsibility under this Agreement.

assistant: Headings
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: no. 11-20057(25), filed in the 17th Judicial.Circuit in and for Broward County, Florida. See DeGregorio v. Balkwill, 853 So.2d 371 (Fla. 2003); Hernandez v. Kissimmee Police Dep’t, 901 So.2d 420, 422 (Fla. 5th DCA 2005); Alvarez v. City of Plantation, 824 So.2d 339 (Fla. 4th DCA 2002); cf. Hamilton Cty. Bd. of Cty. Comm’rs v. State Dep’t of Envtl. Regulation, 587 So.2d 1378, 1390 (Fla. 1st DCA 1991) (noting statute seemingly mandatory in terms because of the use of the word “shall,” is designed simply to further the orderly conduct of business, and the provision is generally deemed directory only). Salter and Fernandez, Associate Judges, concur. 1 . We treat the petition for writ of prohibition as a petition for writ of certiorari, 2 . See State v. Schopp, 653 So.2d 1016 (Fla. 1995) Options: A. holding that when the federal character of a removed case is eliminated the court has discretion to retain jurisdiction to remand or to dismiss B. holding that bankruptcy court has discretion to retain jurisdiction over related case after dismissal of the underlying bankruptcy case C. holding that the court had appellate jurisdiction to review the merits of the case because only the collateral issue of attorneys fees remained to be decided on remand to the bankruptcy court D. holding voluntary dismissal permissible because trial court had not yet reached a decision on the merits E. holding an appellate court has the discretion to retain jurisdiction to render a decision on the merits of a case notwithstanding the filing of a notice of voluntary dismissal

assistant: The best answer is E. holding an appellate court has the discretion to retain jurisdiction to render a decision on the merits of a case notwithstanding the filing of a notice of voluntary dismissal
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 the Company fails to make, when due, any payments provided for in this Warrant, the Company shall pay to the Holder (a) interest at the Applicable Rate on any amounts due and owing to such Holder and (b) such further amounts as shall be sufficient to cover any costs and expenses including, but not limited to, reasonable attorneys’ fees and expenses incurred by such Holder in collecting any amounts due hereunder. The Company shall indemnify, defend and hold harmless the Holder and the Holders of any Warrant Stock issued upon the exercise of this Warrant from and against any and all liability, loss, cost, damage, reasonable attorneys’ and accountants’ fees and expenses, court costs and all other out-of-pocket expenses incurred in connection with or arising from any default hereunder by the Company or the enforcement of its rights hereunder as against the Company. This indemnification provision shall be in addition to the rights of such Holder or Holders to bring an action against the Company for breach of contract based on such default hereunder.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: any supervised released violations that occurred before the expiration of the supervised release term. The majority, moreover, imports into § 3583(i) something that is simply not there — an additional power automatically to further delay revocation proceedings until the defendant is in federal custody. The absence of any statutory basis for such post-term authority is particularly significant, in my view, because the statutory provisions governing supervised release do adjust in another respect for periods of incarceration on charges other than those giving rise to the term of supervised release in question. See 18 U.S.C. § 3624(e) (suspending the running of a term of supervised release while the defendant is imprisoned); cf. United States v. Morales-Alejo, 193 F.3d 1102 (9th Cir.1999) (<HOLDING>). Had Congress intended, as the majority Options: A. holding that uncounseled conviction could not be considered by court in sentencing defendant after subsequent conviction B. recognizing that 1983 action does not accrue until conviction or sentence has been invalidated C. holding that apprendi does not apply retroactively D. holding that 3624e does not apply until after conviction E. holding that a private right of action does not arise until 180 days after a charge has been filed

assistant: The best answer is D. holding that 3624e does not apply until after conviction
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: if you knowingly misrepresent in your notification that the material or activity is infringing , you will be liable for any damages , including costs and legal fees , incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing .

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: 320, 333 (2013), aff'd, 314 Conn. 410, 102 A.3d 694 (2014) (stating information should be specific and should set forth the issue in the case to which the personnel information will relate); People v. Peters, 39 Misc.3d 1226, 972 N.Y.S.2d 145 (N.Y.App.Div.2013); State v. Blackwell, 120 Wash.2d 822, 845 P.2d 1017, 1019 (1993) (en banc). As the Appellate Court of Connecticut noted in Jones, “A showing sufficient to warrant an in camera review of a personnel file requires more than mere speculation.” 59 A.3d at 333. See also State v. Schwartz, 26 Or.App. 279, 552 P.2d 571, 574 (1976) (finding defense attorney’s argument that “he had heard of a similar incident involving one of the same officers” to be an insufficient showing); State v. Sagner, 18 Or.App. 464, 525 P.2d 1073, 1077 (1974) (<HOLDING>). [¶ 24.] The Supreme Court of Washington Options: A. holding that an inmates mandamus petition challenging a disciplinary report imposing 15 days disciplinary confinement was a collateral criminal proceeding because the disciplinary confinement limited petitioners ability to earn gain time B. holding warrant valid where search warrant application affidavit was signed and probable cause existed for issuance of warrant C. holding that counsels pure conjecture of officers suspected disciplinary problems was insufficient to warrant production D. holding that where the conviction was final the disciplinary commission was not authorized to assume the roles of both an accusatory tribunal and the ultimate determiner of guilt and that the separation of responsibility between the disciplinary board and the disciplinary commission provides constitutional due process E. holding that officers were entitled to rely on the judicial officers finding of probable cause in issuing the search warrant unless they knowingly made false statements to obtain the warrant and that a challenge to the adequacy of the officers investigation does not rise to level of clearly established constitutional violation

assistant: The best answer is C. holding that counsels pure conjecture of officers suspected disciplinary problems was insufficient to warrant production
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 federal laws that is inflicted pursuant to official policy.” Palmer v. City of San Antonio, Texas, 810 F.2d 514, 516 (5th Cir.1987); see also Monell v. Dept. of Social Servs., 436 U.S. 658, 691, 98 S.Ct. 2018, 2036, 56 L.Ed.2d 611 (1978) (“Congress did not intend municipalities to be held liable unless action pursuant to official municipal policy of some nature caused a constitutional tort.”). In order to establish liability in these instances, the plaintiff must identify “ ‘(1) a policy (2) of the governmental entity’s policymaker (3) that caused (4) the plaintiff to be subjected to a deprivation of constitutional right.’” Palmer, 810 F.2d at 516 (quoting Grandstaff v. City of Borger, Texas, 767 F.2d 161, 169 (5th Cir.1985)); see Monell, 436 U.S. at 690, 98 S.Ct. at 2036 (<HOLDING>). “Policy” has been defined as a “course of Options: A. recognizing that courts normally give great deference to a legislative bodys determination whether or not a legitimate government purpose is served by an ordinance B. holding that ojrdinarily when a regulation is not promulgated in compliance with the apa the regulation is invalid however when equity demands the regulation can be left in place while the agency follows the necessary procedures citation omitted C. holding that the elements of a claim under 3729a2 are 1 that the defendant made used or caused to be made or used a record or statement to get a claim against the united states paid or approved 2 the record or statement and the claim were false or fraudulent and 3 the defendant knew that the record or statement and the claim were false or fraudulent emphasis added D. holding that procedures that are implicit and incidental to procedures otherwise explicitly provided for in a properly adopted rule or regulation do not require further codification by a further adopted rule or regulation and to hold otherwise belies statutory intent and that such an argument based on the lack of a rule or regulation to cover every step of the testing procedures is not only speculative and theoretical but also hypertechnical E. holding that the claim must be based upon the implementation or execution of a policy statement ordinance regulation or decision officially adopted and promulgated by that bodys officers

assistant: The best answer is E. holding that the claim must be based upon the implementation or execution of a policy statement ordinance regulation or decision officially adopted and promulgated by that bodys officers
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: State. Robertson v. State, 112 Md.App. 366, 385, 685 A.2d 805 (1996) (citation omitted). Appellant contends that the instruction given by the trial court failed to focus on his theory of defense — that he was merely present in the house and did not “possess” the contraband. We disagree and hold that the given instructions adequately addressed appellant’s theory of the case. In instructing the jury, the court essentially utilized the Maryland Criminal Pattern Jury Instructions. See MCPJI 4:24. “[GJenerally, the pattern jury instructions suffice and trial judges usually may rely on them.” Bayne v. State, 98 Md.App. 149, 160, 632 A.2d 476 (1993). Of course, situations may arise when a pattern jury instruction is not adequate or complete. See e.g., Green, 119 Md.App. at 562, 705 A.2d 133 (<HOLDING>). The instant case, however, does not present Options: A. holding that the defendant could not appeal a jury instruction where he did not object to the challenged instruction but in fact requested it and stated he was satisfied with it B. holding that it was not plain error for the court not to give a self defense jury instruction where the defendant did not request one C. holding that pattern jury instruction was inadequate because it did not encompass the valid defense asserted by the defendant D. holding that issue of inadequate jury instruction was waived because the instruction given was the one expressly requested by defense counsel E. recognizing district court does not err by giving instruction that tracks pattern instruction and correctly states the law

assistant: The best answer is C. holding that pattern jury instruction was inadequate because it did not encompass the valid defense asserted by the defendant
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: Assignor is and shall remain the sole, lawful, beneficial and record owner of the Collateral, free and clear of all liens, restrictions, claims, pledges, encumbrances, charges or rights of third parties and rights of set-off or recoupment whatsoever (other than those in favor of Agent hereunder), and Assignor has the full and complete right, power and authority to create a security interest in the Collateral in favor of Agent, in accordance with the terms and provisions of this Assignment. No Person has any option, right of first refusal, right of first offer or other right to acquire all or any portion of the Collateral.

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: At each meeting of the Board of Directors, the chairman of the Board of Directors or, in the absence of the chairman, the vice chairman of the Board of Directors, if any, shall act as chairman of the meeting. In the absence of both the chairman and vice chairman of the Board of Directors, the chief executive officer or, in the absence of the chief executive officer, the president or, in the absence of the president, a director chosen by a majority of the directors present shall act as chairman of the meeting. The secretary or, in his or her absence, an assistant secretary of the Corporation or, in the absence of the secretary and all assistant secretaries, an individual appointed by the chairman of the meeting, shall act as secretary of the meeting.

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: In the event that the Holder has not elected to convert this Note in accordance with Section 6 or Section 7 below, all unpaid principal, together with the balance of unpaid and accrued interest and other amounts payable hereunder shall be due and payable to the Holder on the Maturity Date. All payments pursuant to this Note shall be made to the Holder, at the address set forth below or such other address as the Holder shall designate from time to time, in lawful money of the United States of America and shall be applied first to accrued interest, and thereafter to principal. Upon payment in full of the principal hereof and accrued interest hereunder, this Note shall be surrendered to the Company for cancellation.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as otherwise specified in this Agreement, all costs and expenses, including fees and disbursements of counsel, financial advisors, and accountants, incurred in connection with this Agreement and the transactions contemplated hereby will be paid by the party incurring such costs and expenses.

assistant: Expenses
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: Police Dep’t v. United Reporting Publ’g Corp., 528 U.S. 32, 40, 120 S.Ct. 483, 145 L.Ed.2d 451 (1999). For instance, a state law placing conditions on public access to arrestees’ home addresses is not subject to a facial challenge on free speech grounds because the government is under no obligation to make those addresses public at all. Id. Here, however, CNS asserts its First Amendment right of access to judicial and other public proceedings. See Press-Enterprise Co. v. Superior Court (Press-Enterprise II), 478 U.S. 1, 106 S.Ct. 2735, 92 L.Ed.2d 1 (1986). It is highly doubtful that “California could decide not to give out [the complaints] at all without violating the First Amendment.” Id. (emphasis added); cf. Rushford v. New Yorker Magazine, Inc., 846 F.2d 249, 253 (4th Cir.1988) (<HOLDING>). Though the government may sometimes withhold Options: A. holding that the rigorous first amendment standard should also apply to documents filed in connection with a summary judgment motion in a civil case B. holding that the first amendment secures for the public and the press a right of access to civil proceedings C. holding that there is no first amendment right of access to presentence reports D. recognizing a right of access to civil proceedings E. holding that the first amendment right of access applies to a summary judgment motion in a civil case

assistant: The best answer is E. holding that the first amendment right of access applies to a summary judgment motion in a civil case
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: trust. Their right to occupy is merely contractual and subject to revocation, which makes them at most tenants at will of the relevant property. ... [W]e believe and hold that a person who occupies premises with the permission of the owner has a sufficient interest in the realty to support a claim for a homestead exemption under Arkansas law.... It is important to realize, however, that such a homestead exemption would be good only to the extent of the interest owned. Id. at 813. Although the Richardson case is not binding on our court, it was decided based on Arkansas law and offers persuasive support for our decision. Indeed, other jurisdictions have extended the homestead exemption to revocable trusts in other circumstances. See Redmond v. Kester, 284 Kan. 209, 159 P.3d 1004 (2007) (<HOLDING>); Engelke v. Engelke, 921 So.2d 693 Options: A. recognizing ability of beneficiary to claim exemption in bankruptcy B. holding that a wife could claim a homestead exemption even though she only had a beneficiary interest in the property held in trust C. holding that the property held by the revocable trust in which the trustee was the beneficiary and the property was his permanent residence was a constitutionally protected homestead property D. holding that where a married debtor files an individual bankruptcy case and claims the 522b3b tbe exemption the debtor indirectly obtains the benefit of floridas constitutional homestead protection by virtue of the nondebtor spouses ability to claim the homestead exemption E. holding that a bankruptcy debtor may claim the homestead exemption for real property transferred to a selfsettled revocable trust even though the settlor and the beneficiary as well as the bankruptcy debtor were the same person

assistant: The best answer is E. holding that a bankruptcy debtor may claim the homestead exemption for real property transferred to a selfsettled revocable trust even though the settlor and the beneficiary as well as the bankruptcy debtor were the same person
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: for the District of Columbia, where the bulk of Carnegie’s research departments and its administration are headquartered. See, e.g., Loreto v. Cushman, 930 F.Supp.2d 1, 7 (D.D.C.2013). The Court will stay the transfer order for fourteen days in order to preserve Carnegie’s opportunity to waive objections to venue and personal jurisdiction, resulting in this suit remaining in this district. See Costlow, 790 F.2d at 1487-99; Wood, 705 F.2d at 1523. Additionally, although the Court appreciates the briefs provided by the parties regarding whether UMass is a necessary and indispensable party to this suit, the Court declines to rule on this issue, which is governed by regional circuit law, due to the pending transfer. See Muldoon v. Tropitone Furniture Co., 1 F.3d 964, 967 (9th Cir.1993) (<HOLDING>); Univ. of Utah v. Max-Planck-Gesellschaft Zur Options: A. holding that a partys repeated representations that venue was proper in one forum waived its right to bring a subsequent motion under 28 usc 1406a challenging venue B. holding that venue for litigation was proper based on 28 usc 1441 regardless of whether defendant was doing business in the district within the meaning of 28 usc 1391 C. holding that the laws of the transferee district are applicable in a case transferred pursuant to 28 usc 1406a D. holding plain statement rule applicable in habeas corpus proceedings pursuant to 28 usc 2254 E. holding that transfer most appropriate under 28 usc 1406a

assistant: The best answer is C. holding that the laws of the transferee district are applicable in a case transferred pursuant to 28 usc 1406a
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as otherwise provided in this Agreement, each Party shall be responsible for its own fees and expenses in connection with the preparation and negotiation of this Agreement, the Ancillary Agreements, the Internal Reorganization and the Spin-Off.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as provided herein, neither this Agreement nor any of the rights, interests or obligations hereunder shall be assigned by any of the parties without the prior written consent of the other parties hereto, except that Parent may assign, it its sole discretion, any or all of its rights, interest and obligations hereunder to any direct or indirect wholly owned Subsidiary of Parent. Subject to the preceding sentence, this Agreement will be binding upon, inure to the benefit of and be enforceable by the parties hereto and their respective successors and assigns. Except as otherwise expressly provided herein, this Agreement (including the documents and instruments referred to herein) is not intended to confer upon any Person other than the parties hereto any rights or remedies hereunder.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as otherwise provided in the Plan, this Agreement may be amended only by a written agreement executed by the Company and Grantee. The provisions of this Agreement may not be waived or modified unless such waiver or modification is in writing and signed by a representative of the Committee.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: rather than the neutral principles of law method. Michigan law provides that courts should generally use the hierarchical method. See, e.g., Calvary Presbyterian Church, supra-, Bennison, supra. However, the neutral principles of law method may be appropriate in situations such as those where “it appears from the church constitution, canons or rules, or from some other source, that an express trust exists in favor of one or the other of the contending parties . . . Bennison, supra at 724. LCC argues that this ty is limited because “civil courts may not redetermine the correctness of an interpretation of canonical text or some decision relating to government of the religious polity.” Smith, supra at 684 (citation and quotation marks omitted). See also Milivojevich, supra at 709 (<HOLDING>). In this case, the Denomination, through the Options: A. holding certification is not an occasion for inquiry into the merits B. holding that when disputes require inquiry into religious law and polity civil courts shall not disturb the ecclesiastical bodys decision C. holding that religious exercise is any exercise of religion whether or not compelled by or central to a system of religious belief and that the use building or conversion of real property for the purpose of religious exercise shall be considered religious exercise D. holding that the courts inquiry into the reasonableness of the governments proposed corrective action was proper E. holding that a bare allegation of bad faith is insufficient to require an inquiry into the governments decision not to file 5k11 motion

assistant: The best answer is B. holding that when disputes require inquiry into religious law and polity civil courts shall not disturb the ecclesiastical bodys decision
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 Executive breaches any of Surviving Covenants, then the Company will have the right to seek injunctive relief. Executive acknowledges that such a breach of the Surviving Covenants could cause irreparable injury and that money damages may not provide an adequate remedy for the Company. Nothing contained herein will prevent Executive from contesting any such action by the Company, among other reasons, on the ground that no violation or threatened violation of the Surviving Covenants has occurred. In addition, if the Company reasonably believes that Executive has breached any of the Surviving Covenants, then the Company shall be permitted, on 15 days’ notice, to cease the payments and benefits described in Section 2 and Executive shall have no right to any future payments from the Company pursuant to Section 2 (or otherwise) following any such breach; provided, however, that following such cessation, the Company and Executive agree to promptly enter into good faith mediation to resolve any dispute regarding the occurrence of any such breach. Executive agrees to notify the Company of each employment or consulting engagement he accepts during the period beginning on the Separation Date and ending on the first anniversary thereof (including the name and address of the hiring party) and will, upon request by the Company, describe in reasonable detail the nature of his duties in each such position.

assistant: Remedies