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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Deed shall be governed by and construed and interpreted in accordance with the laws of the State in which the Premises are located, except that Grantor expressly acknowledges that by their respective terms the other Loan Documents shall be governed and construed in accordance with the laws of the State of New York, and for purposes of consistency, Grantor agrees that in any in personam proceeding related to this Deed the rights of the parties to this Deed shall also be governed by and construed in accordance with the laws of the State of New York governing contracts made and to be performed in that State.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Except for (a) the Security Interest granted to the Collateral Agent for the benefit of the Secured Parties pursuant to this Collateral Agreement, (b) the Liens permitted by the Credit Agreement and (c) any Liens securing Indebtedness which is no longer outstanding or any Liens with respect to commitments to lend which have been terminated, such U.S. Institution Subsidiary owns each item of the Collateral free and clear of any and all Liens or claims of others. No security agreement, financing statement or other public notice with respect to all or any part of the Collateral that evidences a Lien securing any material Indebtedness is on file or of record in any public office, except such as (i) have been filed in favor of the Collateral Agent (or a former collateral agent) for the ratable benefit of the Secured Parties pursuant to this Collateral Agreement or any other Credit Documents or (ii) are permitted by the Credit Agreement.

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: To the extent applicable, this Agreement shall be interpreted and applied consistent and in accordance with Section 409A of the Code and Department of Treasury regulations and other interpretive guidance issued thereunder. Notwithstanding any provision of this Agreement to the contrary, to the extent that the Company determines that any payments or benefits under this Agreement may not be either compliant with or exempt from Section 409A of the Code and related Department of Treasury guidance, the Company may in its sole discretion adopt such amendments to this Agreement or take such other actions that the Company determines are necessary or appropriate to (i) exempt the compensation and benefits payable under this Agreement from Section 409A of the Code and/or preserve the intended tax treatment of such compensation and benefits, or (ii) comply with the requirements of Section 409A of the Code and related Department of Treasury guidance; provided , however , that this Section 4.1 shall not create any obligation on the part of the Company to adopt any such amendment or take any other action, nor shall the Company have any liability for failing to do so.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Borrower has no Subsidiaries other than as set forth on Schedule 3.13 hereto (as the same may be updated from time to time in writing for Subsidiaries formed, acquired, disposed, dissolved or merged after the 2016 Effective Date in accordance with the terms of this Agreement). Except as otherwise indicated on Schedule 3.13 hereto, Borrower owns (directly or indirectly) all of the Capital Stock of each Subsidiary listed on Schedule 3.13 hereto.

assistant: Subsidiaries
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 must be satisfactory to us” bestowed upon the plan’s administrator discretion regarding the payments of benefits, and therefore, an arbitrary and capricious standard of review applied. Id. at 379. Here, the plan stated that “when proof is received by [Defendant] that an insured employee is totally disabled ..., [Defendant] will pay a monthly benefit to the insured employee after the completion of the elimination period. This monthly benefit will be paid as long as total disability continues provided that proof of contingent total disability is submitted ... to [Defendant] upon request.” The Court finds that this language is sufficiently similar to that found in Patterson and Donato by which we are bound. See Bali v. Blue Cross & Blue Shield Ass’n, 873 F.2d 1043, 1047 (7th Cir.1989) (<HOLDING>). Accordingly, an arbitrary and capricious Options: A. holding plan language requiring satisfactory written proof that you have become disabled did not unambiguously confer discretion in the plan administrator B. holding that because no plan document granted discretion to the plan administrator and because the fiduciaries had not expressly delegated their discretionary authority to the plan administrator the district court properly employed the de novo standard of review C. holding abuse of discretion review is appropriate when erisa plan grants discretion to the plan administrator D. holding that language determined on the basis of medical evidence satisfactory to the committee sufficiently granted plan administrator discretion E. holding that similar language conferred discretion on the plan administrator

assistant: The best answer is D. holding that language determined on the basis of medical evidence satisfactory to the committee sufficiently granted plan administrator discretion
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: in the event of fraud or unauthorised use of your credit card by third parties , most banks and credit card companies bear the risk and cover all the charges resulting from such fraud or misuse , which may sometimes be subject to a deductible ( usually set at eur 50 ( or the equivalent in your local currency ) ) .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement, together with the Indemnification Agreement, Proprietary Information Agreement and the equity award agreements covering Executive’s equity awards, represents the entire agreement and understanding between the parties as to the subject matter herein and supersedes all prior or contemporaneous agreements or plans whether written or oral. No waiver, alteration, or modification of any of the provisions of this Agreement will be binding unless in a writing and signed by duly authorized representatives of the parties hereto. In entering into this Agreement, no party has relied on or made any representation, warranty, inducement, promise, or understanding that is not in this Agreement. To the extent that any provisions of this Agreement conflict with those of any other agreement, including the Proprietary Information Agreement, then, subject to Section 13 relating to Protected Activity, the terms in this Agreement will prevail.

assistant: Integration
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: criminal proceeding will extend the time for filing a notice of appeal if such motion is filed within the period allotted for filing a notice of appeal. See United States v. Dieter, 429 U.S. 6, 8-9, 97 S.Ct. 18, 19-20, 50 L.Ed.2d 8 (1976). Arrate-Rodriguez signed and filed a motion for reconsideration of the district court’s order denying his motion for a sentence reduction on September 22, 2004. (R2-359). This far exceeded the time in which to file a notice of appeal from the denial on May 7, 2004, and, therefore, cannot serve to extend the time for filing an appeal of the district court’s order. Thus, we lack jurisdiction to review the district court’s denial of Arrate-Rodriguez’s motion for a reduction of his sentence. See United States v. Russo, 760 F.2d 1229, 1230 (11th Cir.1985) (<HOLDING>). Arrate-Rodriguez states in his brief that he Options: A. holding that notice of appeal did not divest the district court of jurisdiction at the time it was filed because a motion for reconsideration was pending B. holding that this court lacked jurisdiction to review a fed rcrimp 35 motion to reduce sentence because the notice of appealmotion for reconsideration was not timely filed C. holding that the court did not have jurisdiction to consider an argument not presented to the board in a motion for reconsideration D. holding trial court lacked jurisdiction to reduce defendants sentences and order his release from incarceration after notice of appeal was 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 B. holding that this court lacked jurisdiction to review a fed rcrimp 35 motion to reduce sentence because the notice of appealmotion for reconsideration was not 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: F.3d 967, 974 (8th Cir.2006) (en banc), abrogated in part on other grounds by Begay v. United States, 553 U.S. 137, 128 S.Ct. 1581, 170 L.Ed.2d 490 (2008)). If the court is not allowed to rely on factual statements included in an unobjected-to PSR because those statements were based on police reports, it follows the court should not be allowed to rely on other unadopted statements similarly based on police reports. See United States v. Alston, 611 F.3d 219, 221-22, 226 (4th Cir.2010) (vacating sentence because district court erred in relying on facts included in the transcript for an Alford plea when such facts were the prosecution’s proffer for the plea and had not been accepted or admitted by the defendant); United States v. Weicks, 362 Fed.Appx. 844, 848 (9th Cir.2010) (unpublished) (<HOLDING>); cf. McCall, 439 F.3d at 973-74 (rejecting Options: A. holding that police officers have a duty to conduct an investigation into the basis of the witness report B. holding that police were justified in arresting person on basis of information provided directly to police by named citizen informer reliance on the information was justified in part because the informant by giving her name presumably knew that the police could arrest her for making a false report C. holding that an ij could not consider a police report as part of the record of conviction to determine whether an alien had committed a firearms offense because the police report could encompass many offenses with which the alien was never charged or convicted D. holding that the plaintiff may not rely on expenses for identity theft protection as a basis for standing E. holding that because the court could not consider police reports it could not rely on an attorneys argument based on the police report as the basis for determining the statutory basis for a conviction

assistant: The best answer is E. holding that because the court could not consider police reports it could not rely on an attorneys argument based on the police report as the basis for determining the statutory basis for a 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 legal provision and list the applicable contract clause categories. Provision: The execution and delivery of this Guaranty by Guarantor, and the performance of transactions contemplated hereunder do not and will not (i) conflict with or violate any material Legal Requirements regulation (including Regulation U, Regulation X or Regulation T), order, writ, judgment, injunction, decree or permit affecting Guarantor or any of its assets or property, (ii) conflict with, result in a breach of, or constitute a default (including any circumstance or event that would be a default but for the lack of due notice or lapse of time or both) under any of the terms, conditions or provisions of any of Guarantor’s organizational documents or any material agreement or instrument to which Guarantor is a party, or by which Guarantor or its assets or property are bound or (iii) result in the creation or imposition of any Lien on any of Guarantor’s assets or property.

assistant: No Conflicts
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 any term or other provision of this Agreement is held to be invalid, illegal or incapable of being enforced by any law, or public policy, all other terms and provisions of this Agreement shall nevertheless remain in full force and effect so long as the economic or legal substance of the transactions contemplated by this Agreement is not affected in any manner materially adverse to either party hereto. Upon a determination that any term or other provision is invalid, illegal or incapable of being enforced, the parties hereto shall negotiate in good faith to modify this Agreement so as to effect the original intent of the parties as closely as possible in a mutually acceptable manner in order that the transactions contemplated by this Agreement be consummated as originally contemplated to the fullest extent possible.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: you understand that all information publicly posted or privately transmitted through the site is the sole responsibility of the person from which such content originated ; that vivino will not be liable for any errors or omissions in any content ; and that vivino can not guarantee the identity of any other users with whom you may interact in the course of using the service .

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 case excerpt and choose the best holding from the options. Case excerpt: made to a debtor on or within ninety days before the date of the filing of the bankruptcy petition). Such a motivation is not without precedent and is proper in light of the equitable nature of substantive consolidation. Cf. In re Giller, 962 F.2d at 799; In re Kroh Bros., 117 B.R. at 502. Absent express preservation of the trustee’s avoidance power, an order of substantive consolidation would ordinarily eliminate that power. For example, in Parkway Calabasas, the bankruptcy court held that the trustee’s fraudulent conveyance cause of action in an adversary proceeding was rendered moot by the substantive consolidation of two bankruptcy cases where the bankruptcy court order failed to preserve the trustee’s avoidance powers. See 89 B.R. at 834; see also In re Giller, 962 F.2d at 798-99 (<HOLDING>). However, “[t]he bankruptcy court has the Options: A. recognizing a distinction between the power of a federal court to hear statelaw claims and the discretionary exercise of that power B. holding that directors of an insolvent corporation are trustees for the creditors C. recognizing that ordinarily substantive consolidation would eliminate justification for exercise of trustees avoidance power D. holding that a commission is a body with special and limited power and it can only exercise the power expressly or impliedly granted to it and any reasonable doubt of existence of any power must be resolved against the exercise thereof E. recognizing use of ancillary jurisdiction in subsequent proceedings for the exercise of the courts inherent power to enforce its judgments

assistant: The best answer is C. recognizing that ordinarily substantive consolidation would eliminate justification for exercise of trustees avoidance power
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Notwithstanding anything in this Agreement or elsewhere to the contrary, the provisions of Sections 9, 10, 11, 12, 13 and 14 shall survive the termination of the Executive’s employment or this Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Influenced Corrupt Organization Act, 18 U.S.C. § 1961, et seq. (“RICO”) and also asserted an equitable claim for unjust enrichment. The district court granted summary judgment for Delta on both claims. We have jurisdiction under 28 U.S.C. § 1291 and we affirm. A. RICO Claim To prevail on a civil RICO claim the plaintiffs must show, among other elements, a “pattern 1992) (same). Although the parties dispute whether the amounts charged in each debit memo are the actual measure of Delta’s damages, and, in some cases, whether the ticketing violation even occurred, these issues concern the interpretation of the ARC Agreement and amount to nothing more than a contract dispute. See, e.g., Union Nat’l Bank of Little Rock v. Federal Nat’l Mortgage Association, 860 F.2d 847, 857 (8th Cir.1988) (<HOLDING>). In addition, Delta’s threat to terminate its Options: A. holding that regardless of whether the defendant actually had a right to monies claimed defendants demands under the contract were not extortion because they were motivated by the defendants interpretation of the agreement B. holding that apprendi was not triggered because the defendants were sentenced to terms of imprisonment that were within the maximum penalties for the rico offenses that they were found guilty of committing C. holding that monies were not property of the estate once the irrevocable election had been made and thus were not subject to turnover D. holding that the defendants had received sufficient notice where the original defendants and the newly added defendants shared an identity of interests and were represented by attorneys who were involved in the litigation from its inception E. holding that defendants had no standing where they conceded that they did not own the automobile searched and were simply passengers the owner of the car had been the driver of the vehicle at the time of the search

assistant: The best answer is A. holding that regardless of whether the defendant actually had a right to monies claimed defendants demands under the contract were not extortion because they were motivated by the defendants interpretation of the agreement
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 the situation had changed for the worse. See Zheng Zhong Chen v. Gonzales, 437 F.3d 267, 269 (2d Cir.2006). For example, the 2006 Country Report that Palaj submitted states that arrest and pretrial detention conditions “continued to be an area of great concern,” that police corruption and impunity “continued” to be a problem, and that the country “continued to experience high levels of societal killings” and “remained” a source for trafficking of women and children. Further, the BIA properly found unpersuasive Palaj’s and her husband’s affidavits attesting that Palaj’s brother had experienced recent difficulties in Albania, where neither Palaj or her husband had personal knowledge of these incidents. See Xiao Ji Chen v. U.S. Dep’t of Justice, 471 F.3d 315, 341-42 (2d Cir.2006) (<HOLDING>). To the extent Palaj moved to reopen based on Options: A. holding that the weight afforded to the applicants evidence in immigration proceedings lies largely within the discretion of the ij B. holding that the weight afforded to the evidence lies largely within the agencys discretion C. holding that the weight accorded to documentary evidence lies largely within the ijs discretion D. holding that the decision as to the weight to be afforded to documentary evidence lies largely within the discretion of the ij E. holding that the weight afforded to the applicants evidence in immigration proceedings lies largely within the discretion of the agency

assistant: The best answer is D. holding that the decision as to the weight to be afforded to documentary evidence lies largely within the discretion of the ij
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 true explanation of them. Morgan, 692 S.W.2d at 881 (citations omitted). The Morgan court then concluded, “Before an extraneous offense is admissible to negate the possibility of accident under Wigmore’s doctrine of chances, such offense must be sufficiently similar in nature to the charged offense that the inference of improbability of accident logically comes into play.” Id. Thus, when the defendant raises the issue of accident or mistake, extraneous offense or bad acts evidence may be admissible under the doctrine of chances because it tends to make an accident or mistake less probable and tends to make the fact that the defendant intended the act more probable. Montgomery, 810 S.W.2d at 386-87; see also Dowler v. State, 777 S.W.2d 444, 447-48 (Tex.App.-El Paso 1989, pet. ref'd) (<HOLDING>). The doctrine of chances, however, does not Options: A. holding lead paint poisoning covered by the pollution exclusion B. holding that indictment for murder in the first degree charges murder by whatever means it may have been committed regardless of the theory of murder presented to the grand jury C. holding extraneous offenses of murder by cyanide poisoning relevant to charge of murder by chloroform poisoning D. holding single incident of food poisoning did not amount to a violation of prisoners constitutional rights E. holding that conspiracy to commit murder is not lesserincluded offense of firstdegree murder

assistant: The best answer is C. holding extraneous offenses of murder by cyanide poisoning relevant to charge of murder by chloroform poisoning
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 any provision of this Agreement is held to be invalid, inoperative or unenforceable for any reason, it shall be modified rather than voided, if possible, in order to achieve the intent of the parties hereto to the maximum extent possible. In any event, if any provision of this Agreement is held to be invalid, inoperative or unenforceable for any reason, the other provisions of this Agreement shall be deemed valid and operative and, so far as is reasonable and possible, effect shall be given to the intent manifested by the provision or provisions held invalid or inoperative.

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 legal provision and list the applicable contract clause categories. Provision: Each Borrower Party and all other Persons executing any agreement on behalf of any Borrower Party shall have performed in all material respects all agreements which this Loan Agreement provides shall be performed on or before the Closing Date. The representations and warranties contained herein and in the other Loan Documents shall be true, correct and complete on and as of the Closing Date.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: involved with Oberlin in the negotiations for the loan agreement; he signed the loan agreement; he was aware of the Echlin breach; he was aware of the material nature of the breach; and he failed to disclose information about the breach to Oberlin. Viewing the allegations in the light most favorable to Oberlin, we conclude that the complaint sufficiently alleges Edward Slavin’s personal participation in the alleged wrong. As a result, these allegations are sufficient to fit this case into the exception which allows directors and other corporate agents to be held directly liable to injured third parties for torts that they personally committed. See Russell M. Robinson, II, Robinson on North Carolina Corporation Law § 14.08(a); see also Knitting Mills Co., 237 N.C. 97, 74 S.E.2d 351 (<HOLDING>). Again, we note that Oberlin did not assert a Options: A. recognizing the ability of corporations to protect property rights in federal court B. holding that causes of actions against directors of corporations for breach of fiduciary duty are contract actions C. holding that while a state statute granted a foreign corporation the rights and privileges enjoyed by domestic corporations it did not transform such corporations into domestic or resident corporations D. holding that a corporations principal place of business for determining diversity jurisdiction under 28 usc 1332c1 is the nerve center meaning the corporations headquarters or the place where a corporations officers direct control and coordinate the corporations activities E. recognizing a cause of action against a corporations directors brought by a creditor for the fraudulent misrepresentation of the corporations financial condition

assistant: The best answer is E. recognizing a cause of action against a corporations directors brought by a creditor for the fraudulent misrepresentation of the corporations financial condition
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 Grantors shall maintain with financially sound and reputable insurers, insurance with respect to the Collateral, including Collateral hereafter acquired, against loss or damage of the kinds and in the amounts customarily insured against by entities of established reputation having similar properties similarly situated and in such amounts as are customarily carried under similar circumstances by other such entities and otherwise as is prudent for entities engaged in similar businesses but in any event sufficient to cover the full replacement cost thereof (it being agreed that the insurance policies and amounts maintained by Grantors as of the Closing Date are satisfactory). The Grantors shall cause each insurance policy issued in connection herewith to provide, and the insurer issuing such policy to certify to the Purchaser that (a) the Purchaser will be named as loss payee and additional insured under each such insurance policy; (b) if such insurance be proposed to be cancelled or materially changed for any reason whatsoever, such insurer will promptly notify the Purchaser and such cancellation or change shall not be effective as to the Purchaser for at least thirty (30) days after receipt by the Purchaser of such notice, unless the effect of such change is to extend or increase coverage under the policy; and (c) the Purchaser will have the right (but no obligation) at its election to remedy any default in the payment of premiums within thirty (30) days of notice from the insurer of such default. If no Event of Default exists and if the proceeds arising out of any claim or series of related claims do not exceed $100,000, loss payments in each instance will be available to the Grantors and applied by the Grantors to the repair and/or replacement of property with respect to which the loss was incurred. If no Event of Default exists and such proceeds exceed $100,000, and in any event after an Event of Default occurs, all proceeds then or thereafter in existence shall be paid to the Purchaser (for application to the Obligations) and, if received by any Grantor, shall be held in trust for the Purchaser and promptly paid over to the Purchaser (for application to the Obligations) unless otherwise directed in writing by the Purchaser.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the vulnerability of an individual to danger does not, under DeShaney, give rise to a due process violation. Id. at 430-31. The law flowing from these cases applies squarely to the § 1983 claim in the case at bar. To synthesize the two defects noted above, it can be remarked that in order for Kennerly to be able to maintain her cause of action, the allegations would have to suggest, expressly or inferentially, that the County took an affirmative act, placing the life of Byron Kennerly, specifically, in danger. The allegations would have to permit the inference to be drawn that the County’s affirmative act was directed toward Byron Kennerly, specifically; not toward the public, and not toward Peter Atakpu’s neighbors as a group. See, e.g., Davis v. Brady, 143 F.3d 1021 (6th Cir.1998) (<HOLDING>), cert. denied, 525 U.S. 1093, 119 S.Ct. 851, Options: A. holding that where both liability and damages depend on individual factual determinations claims may only be determined on individual basis B. holding that where officers order an individual under threat of arrest into the car of her obviously inebriated boyfriend and shortly thereafter she is killed when her boyfriend wrecks his car on an interstate highway a 1983 claim can be pursued against the state on a statecreateddanger theory of liability C. holding that individual liability under 1983 must be based on personal involvement in the alleged constitutional violation D. holding that a civil rights plaintiff failed to state a claim upon which relief can be granted under fmla against individual individual is not employer subject to liability under the act E. holding that where officers release an inebriated individual from custody on a dark busy highway against his will and the individual is subsequently struck by a car a 1983 claim can be pursued against the state on a statecreateddanger theory of liability

assistant: The best answer is E. holding that where officers release an inebriated individual from custody on a dark busy highway against his will and the individual is subsequently struck by a car a 1983 claim can be pursued against the state on a statecreateddanger theory 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 case excerpt and choose the best holding from the options. Case excerpt: understanding of the English language and the complexity of the proceedings, issues, and testimony. United States v. Khehra, 396 F.3d 1027, 1030 (8th Cir.2005). Applying those factors, the court in Khehra did not find error in the trial court’s refusal to appoint an interpreter for a defendant whose native language was a Punjabi dialect, but who communicated in English to his customers and vendors on a regular basis, failed to assert any problem with communication, informed his counsel that he did not need an interpreter, had evidence presented against him at trial of him communicating in English while committing the alleged crime, and did not have a complex trial. Id. Similarly, in United States v. Osuna, 3 Fed.Appx. 739, 740-41 (10th Cir.2001), cert. de 2d 505, 508-09 (1989) (<HOLDING>), rev. denied, superseded on other grounds by Options: A. holding that the trial court was under no obligation to appoint an interpreter where defendant did not request one and spoke english reasonably well B. holding that it was not error for a trial court to have failed to provide sua sponte a competent interpreter where counsel did not request one prior to trial and defendant spoke and understood english well enough to conversantly discuss the crime with a police officer and had no trouble answering questions at the sentencing hearing C. holding that a defendant forfeited his right to counsel when he verbally abused and refused to communicate with a succession of attorneys D. holding that trial court need not appoint an interpreter where counsel indicated that he could communicate with defendant and that defendant could understand questions and answers E. holding that it was improper when prosecutor posed questions to defense counsel that could have been read as posed only to the defendant and whose answers could only have been provided by the defendant

assistant: The best answer is D. holding that trial court need not appoint an interpreter where counsel indicated that he could communicate with defendant and that defendant could understand questions and answers
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 prior settlement. IV. CONCLUSION Given the record before it, the superior court could not permissibly have denied judg ment to the State of Alaska and Clarence Jackson. It consequently did not err in dismissing Ahwinona’s complaint. Accordingly, we AFFIRM the trial court’s entry of final judgment against Ahwinona. 1 . See also Murat v. F/V Shelikof Strait, 793 P.2d 69, 75 (Alaska 1990) (stating that unauthenticated documents can be considered in support of a motion when no timely objection to the documents is made, relying on "the well-recognized principle that a failure to timely raise any eviden-tiary objection constitutes waiver of that objection and permits the court to consider the proffered evidence”) (citing Kvasnikoff v. Weaver Bros., Inc., 405 P.2d 781, 784 (Alaska 1965) (<HOLDING>)). 2 . In Brock v. Rogers & Babler, Inc., 536 Options: A. holding that unverified pleadings and unauthenticated documents did not constitute proper summary judgment evidence B. holding that unauthenticated documents may be considered in support of a motion for summary judgment where the documents were not objected to or their authenticity disputed C. holding that the district court properly considered documents attached to a motion to dismiss that described the terms of plaintiffs group health insurance plan where plaintiff alleged membership in the plan his claims depended on the conditions described in the documents and plaintiff never disputed their authenticity D. holding that unauthenticated documents cannot be considered at summary judgment E. holding that plan documents could be considered without converting the motion to one for summary judgment even though the complaint referred only to the plan and not its associated documents

assistant: The best answer is B. holding that unauthenticated documents may be considered in support of a motion for summary judgment where the documents were not objected to or their authenticity disputed
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Each of the Parties (i) consents to submit for itself and its property to the exclusive personal jurisdiction of the Court of Chancery of the State of Delaware and any appellate court thereof, or, if the Court of Chancery of the State of Delaware or the Delaware Supreme Court determines that, notwithstanding section 111 of the Delaware General Corporation Law, the Court of Chancery does not have or should not exercise subject matter jurisdiction over such matter, any Delaware state court or any federal court located in the State of Delaware and any appellate court thereof in the event any dispute arises out of this Agreement or any of the transactions contemplated by this Agreement, (ii) agrees that it will not attempt to deny or defeat such personal jurisdiction by motion or other request for leave from any such court, (iii) agrees that it will not bring any action relating to this Agreement or any of the transactions contemplated by this Agreement in any court other than as provided in clause (i) of this Section 12 , (iv) agrees that service of process or summons by registered mail addressed to them at their respective addresses provided herein shall be effective service of process against them for any such Proceeding brought in any such court, (v) agrees to waive and hereby waives, to the fullest extent permitted by applicable Law, any objection which any of them may now or hereafter have to the laying of venue of, and the defense of an inconvenient forum to the maintenance of, any such Proceeding in any such court, and (vi) agrees that a final and unappealable judgment in any such Proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by applicable Law.

assistant: Submission To Jurisdiction
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 U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 423 U.S. 325 96 S.Ct. 579 46 L.Ed.2d 531 Oscar Roosevelt DOVEv.UNITED STATES. No. 75-543. Jan. 19, 1976. PER CURIAM. 1 The Court is advised that the petitioner died at New Bern, N. C., on November 14, 1975. The petition for certiorari is therefore dismissed. To the extent that Durham v. United States, 401 U.S. 481, 91 S.Ct. 858, 28 L.Ed.2d 200 (1971), may be inconsistent with this ruling, Durham is overruled. 2 It is so ordered. 3 Petition dismissed. 4 Mr. Justice WHITE dissents.

assistant: 9
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: 462 F.Sd 237 (3d Cir.2006), for support. We review the District Court’s interpretation of its legal authority at sentencing de novo. United States v. Pojilenko, 416 F.3d 243, 246 (3d Cir.2005). We note, at the outset, that the District Court imposed a sentence below the Advisory Guidelines, albeit for reasons other than the crack/powder cbcaine differential. The recerd demonstrates the District Court clearly understood the mandate of United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), and recognized its discretion with respect to the guidelines. The District Court properly considered' and then declined Edge’s request to vary from the guidelines based on the differential. See Kimbrough v. United States, 522 U.S. -, 128 S.Ct. 558, 563-65, 169 L.Ed.2d 481 (2007) (<HOLDING>); Gunter, 462 F.3d at 249 (“[T]he District Options: A. holding that the cocaine guidelines are advisory only B. holding that even though the guidelines are advisory a district court must accurately calculate and consult the defendants guidelines range C. recognizing that under the booker remedial regime the guidelines are no longer mandatory but are only advisory D. holding that the pennsylvania sentencing guidelines are purely advisory in nature E. recognizing only that the guidelines must be advisory not that judges may find no facts

assistant: The best answer is A. holding that the cocaine guidelines are advisory only
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: Miner v. City of Glens Falls, 999 F.2d 655, 663 (2d Cir.1993); Fitzgerald v. Mountain States Telephone and Telegraph Co., 68 F.3d 1257, 1265-66 (10th Cir.1995)). Because Akouri failed to show any evidence regarding emotional distress, we need not apply these factors. 6 . Again, if Akouri suffered emotional pain or distress, it could have been presented by one or more direct questions during his testimony. No such effort was made. 7 . It is apparent that the matters of Akouri’s salary and any emotional pain or psychological injuries could have been covered in minutes. 8 .In this Circuit, it is not considered error to exclude a pretext instruction in an employment discrimination case. See Palmer v. Board of Regents of University System of Ga., 208 F.3d 969, 974-75 (11th Cir.2000) (<HOLDING>); see also Conroy v. Abraham Chevrolet-Tampa, Options: A. holding that a specific pretext instruction is not necessary B. holding that party waived complaint regarding instruction where it did not raise specific objection C. holding that in a criminal trial the trial court must correct or amend an improper instruction if the proper instruction is necessary for the jury to understand the case D. holding good faith jury instruction is not necessary when the court has given an adequate specific intent instruction E. holding good faith jury instruction unnecessary when court gave adequate specific intent instruction

assistant: The best answer is A. holding that a specific pretext instruction is not necessary
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: “an important but relatively narrow function.” Cordi-Allen v. Conlon, 494 F.3d 245, 255 (1st Cir.2007). Properly focused, they vindicate the basic equal protection principle of “uniform treatment of persons standing in the same relation to the governmental action questioned or challenged.” Reynolds v. Sims, 377 U.S. 533, 565 [84 S.Ct. 1362, 12 L.Ed.2d 506] (1964). But they should not transform every ordinary misstep by a local official into a violation of the federal Constitution. See Cordi-Allen, 494 F.3d at 255; see also Olech, 528 U.S. at 565 [120 S.Ct. 1073] (Breyer, J., concurring). Further, certain government actions are ill-suited to judicial oversight under the class-of-one formula. See Engquist v. Or. Dep’t of Agrie., 553 U.S. 591, 602 [128 S.Ct. 2146, 170 L.Ed.2d 975] (2008) (<HOLDING>). Consequently, there may be considerable merit Options: A. holding the classofone doctrine inapplicable to government employment decisions and explaining that a significant consideration in olech and its forebears was the existence of a clear standard against which departures even for a single plaintiff could be readily assessed B. holding that on a motion for summary judgment the mere existence of a scintilla of evidence in support of the plaintiffs position will be insufficient and there must be evidence on which the jury could reasonably find for the plaintiff C. holding that the nature and circumstances of the charged offenses and the weight of the evidence against the defendant of 3142g1 and 2 are best assessed in the charging district D. holding that even if the standard for waiver is clear the standard was not met E. holding that the unwarranted hardship standard was less restrictive than the constitutional taking standard and meant the denial of the reasonable and significant use of the property

assistant: The best answer is A. holding the classofone doctrine inapplicable to government employment decisions and explaining that a significant consideration in olech and its forebears was the existence of a clear standard against which departures even for a single plaintiff could be readily assessed
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The execution and delivery of this Agreement and the other Loan Documents by each Individual Borrower and the performance of its Obligations hereunder and thereunder will not conflict with any provision of any law or regulation to which each Individual Borrower is subject, or conflict with, result in a breach of, or constitute a default under, any of the terms, conditions or provisions of any of each Individual Borrower’s organizational documents or any agreement or instrument to which Borrower is a party or by which it is bound, or any order or decree applicable to any Individual Borrower, or result in the creation or imposition of any Lien on any of any Individual Borrower’s assets or property (other than pursuant to the Loan Documents).

assistant: No Conflicts
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 consolidated financial statements incorporated by reference in the Registration Statement, the Prospectus or the Incorporated Documents and any amendments thereof or supplements thereto comply in all material respects with applicable accounting requirements and the rules and regulations of the Commission with respect thereto as in effect at the time of filing or as amended or corrected in a subsequent filing. Such financial statements have been prepared in accordance with United States generally accepted accounting principles applied on a consistent basis during the periods involved (“ GAAP ”), except as may be otherwise specified in such financial statements or the notes thereto and except that unaudited financial statements may not contain all footnotes required by GAAP, and fairly present in all material respects the financial position of the Company and its consolidated subsidiaries as of and for the dates thereof and the results of operations and cash flows for the periods then ended, subject, in the case of unaudited statements, to normal, immaterial, year-end audit adjustments.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company and the Buyer shall have the right to review a reasonable period of time before issuance of any press releases, SEC, Trading Market, or FINRA filings, or any other public statements with respect to the transactions contemplated hereby; provided , however , that the Company shall be entitled, without the prior approval of the Buyer, to make any press release or SEC, Trading Market or FINRA filings with respect to such transactions as is required by applicable law and regulations (although the Buyer shall be consulted by the Company in connection with any such press release prior to its release and shall be provided with a copy thereof).

assistant: Publicity