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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: by making your content available on or through the fitbit service you hereby grant to fitbit a non-exclusive , transferable , sublicensable , worldwide , royalty-free license to use , copy , modify , publicly display , publicly perform , reproduce , translate , create derivative works from , and distribute your content , in whole or in part , including your name and likeness , in any media .

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: claim. Likewise, the adversarial relationship between the codefendants was evident from Bacon’s cross-claim against Sandoz, thereby advising the jury of the bias of all Bacon’s and Plaintiff’s witnesses against San-doz. In addition, the likelihood of misleading the jury as to the nature of the agreement and unduly prejudicing Plaintiffs case outweighed any probative value. See ER 403. As a result, we conclude the trial court fairly exercised its discretion in excluding the testimony regarding insurance. II FIFRA Preemption This court has not previously had the opportunity to address the preemptive scope of FIFRA’s labeling provisions directly, nor has the United States Supreme Court. See Wisconsin Pub. Intervenor v. Mortier, 501 U.S. 597, 615, 115 L. Ed. 2d 532, 111 S. Ct. 2476 (1991) (<HOLDING>); Rice v. Dow Chem. Co., 124 Wn.2d 205, 207, Options: A. holding that fehba does not completely preempt state law B. holding that statute allowing states to regulate the sale or use of any federally registered pesticide or device if and to the extent the regulation does not permit any sale or use prohibited by the federal statute did not preempt local regulation since mere silence cannot suffice to establish a clear and manifest purpose to preempt local authority C. holding that erisa does not preempt section 22213b7 D. holding fifra does not preempt local use regulations E. holding that erisa does not preempt professional malpractice claims

assistant: The best answer is D. holding fifra does not preempt local use regulations
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: successive. See ante, at 891-92. The Washington Supreme Court reached this conclusion, however, only after reviewing the merits of the petition: This petition is both repetitive and untimely. RCW 10.73.090, .140. The only possible basis on which Mr. [Dictado] could avoid both of these procedural bars is if this petition rested on newly discovered evidence, which would constitute both an exception to the statute of limitations and good cause for failing to raise the new issue earlier.... Although Mr. Guloy did not provide his affidavit until February 5, 1997, it ... does not qualify as newly discovered evidence. Mr. Guloy did not recently recant testimony he gave against Mr. Dictado. Mr. Guloy did not testify at all at that trial, nor were any of his hearsay statements admit iz.1998) (<HOLDING>); Galindo v. Johnson, 19 F.Supp.2d 697, 698, Options: A. holding that seventh application for postconviction relief which was rejected because evidence on which it was based was not properly authenticated was properly filed B. holding that because defendant did not raise a newly discovered evidence claim or amend his postconviction motion after the evidentiary hearing the issue was not timely presented to the trial court and was not cognizable on appeal C. holding that the defendants evidence did not qualify as newly discovered evidence D. holding seventh state petition for postconviction relief which was based on newly discovered evidence but rejected by the state courts because the evidence was not newly discovered was properly filed E. holding evidence was not newly discovered because the underlying facts were well within the partys knowledge prior to the district courts entry of judgment

assistant: The best answer is D. holding seventh state petition for postconviction relief which was based on newly discovered evidence but rejected by the state courts because the evidence was not newly discovered was properly 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: on the part of Congress to alter the federal-state balance in order to reinforce state law enforcement. In defining an “unlawful activity,” Congress has clearly stated its intention to include violations of- state as well as federal bribery law. Until statutes such as the Travel Act contravene some provision of the Constitution, the choice is for Congress, not the courts. We hold that Congress intended “bribery ... in violation of the laws of the State in which committed” as used in the Travel Act to encompass conduct in violation of state commercial bribery statutes. Accordingly, the judgment of the Court of Appeals is Affirmed. Mr. Justice White took no part in the decision of this case. 1 See United States v. Brecht, 540 F. 2d 45 (CA2 1976), cert. denied, 429 U. S. 1123 (1977) (<HOLDING>); United States v. Pomponio, 511 F. 2d 953 Options: A. holding that there can be no violation of 1986 without a predicate violation of 1985 B. recognizing that where the board properly finds a violation of the act it can order reinstatement under its remedial powers granted by 160c although finding no violation of the act here C. holding that a violation of the truth in lending act is not a violation perse of the ocspa D. holding no violation of the travel act E. holding no violation of federal establishment clause

assistant: The best answer is D. holding no violation of the travel act
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company shall use the proceeds from the sale of the Shares to purchase or otherwise acquire fee interests in real estate, joint venture interests in fee interests in real estate, mortgage loans secured exclusively by real estate or interests in joint ventures formed to make mortgage loans secured exclusively by real estate, mezzanine loans made exclusively for the financing of real estate and which are secured by a first lien position on the entire ownership interests of the entity owning the real estate, and other assets and financial instruments that are considered “qualifying assets” or “real estate-related assets” and for general corporate purposes.

assistant: Use Of Proceeds
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 or its affiliates, as applicable, may withhold from any amounts payable or benefits provided under this Agreement such federal, state, local, foreign or other taxes as will be required to be withheld pursuant to any applicable law or regulation. Notwithstanding the foregoing, Executive will be solely responsible and liable for the satisfaction of all taxes, interest and penalties that may be imposed on Executive in connection with this Agreement (including any taxes, interest and penalties under Section 409A), and neither the Company nor its affiliates will have any obligation to indemnify or otherwise hold Executive harmless from any or all of such taxes, interest or penalties. To the extent the Company or any affiliate is required to withhold any federal, state, local, foreign or other taxes in connection with the payment or exercise of an Equity Award, then the Company or an affiliate (as applicable) shall satisfy the minimum required tax withholding obligation via a net share withholding method authorized by the applicable equity plan.

assistant: Withholdings
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 myself and my party. Scrugham Affidavit, Exhibit A. The primary distinction between the “Responsibility” disclaimer and the Carnival Cruise Lines clause is that the “Responsibility” disclaimer appears on a booking form, and not on an actual ticket. The passenger has the chance to deny the terms of the “Responsibility” disclaimer before payment for the trip and can refuse to sign the booking form and withhold or reject payment. The passenger in Carnival Cruise Lines could not see the disclaimer until after the ticket was purchased. Carnival Cruise Lines, 499 U.S. at 587, 111 S.Ct. at 1524. Neverthel lity is valid if the buyer had actual or constructive notice of the disclaimer before the bargain was completed. Miller v. Germain Seed & Plant Co., 193 Cal. 62, 69, 222 P. 817 (1924) (<HOLDING>). In the present case, Ramage argues GET Options: A. holding custom of disclaimer in seed industry was enough to conclude buyer was aware of disclaimer B. holding that a seller could enforce an arbitration provision against a buyer even though only the buyer had signed the provision C. holding that seller carried insurance for benefit of buyer and held proceeds in trust for buyer when seller agreed to maintain insurance until possession date but bam burned before buyer took possession D. holding that the district court did not err in finding the record sufficient to conclude prior conviction qualified as a violent felony for purposes of the acca as the evidence was sufficient to conclude the criminal action charged in one court was the basis for a judgment against the defendant in a different court E. holding an arbitration clause contained in confirmations sent to buyer by seller was part of parties course of dealing and therefore part of the contract after buyer had repeated opportunities to object to the clause and had failed to do so

assistant: The best answer is A. holding custom of disclaimer in seed industry was enough to conclude buyer was aware of disclaimer
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: 349 U.S. 46 75 S.Ct. 577 99 L.Ed. 867 Anthony J. PARISSI, petitioner,v.TELECHRON, Inc., and General Electric Company. No. 302. Supreme Court of the United States April 11, 1955 On writ of certiorari to the United States Court of Appeals for the Second Circuit. PER CURIAM. 1 The judgment is reversed. The petitioner's notice of appeal to the Court of Appeals from a judgment of the Distrct Court for the Northern District of New York, together with his appeal bond, was received at the office of the Clerk of the District Court within the 30 days prescribed by 28 U.S.C. § 2107, 28 U.S.C.A. § 2107, for filing a notice of appeal. In dispatching these papers the petitioner inadvertently failed to include the $5 fee required by 28 U.S.C. § 1917, 28 U.S.C.A. § 1917, to be paid 'upon the filing' of a notice of appeal. The Clerk notified the petitioner of his omission, and declined to 'file' the notice of appeal until he received the $5 fee three or four days later. By that time the 30-day period for appeal had expired. Upon petitioner's motion the District Court made a nunc pro tunc order according the notice of appeal a filing date as of the date it was originally received by the Clerk. 2 The Court of Appeals, without opinion, dismissed the appeal as untimely. We think that the Clerk's receipt of the notice of appeal within the 30-day period satisfied the requirements of § 2107, and that untimely payment of the § 1917 fee did not vitiate the validity of petitioner's notice of appeal. Anything to the contrary in such cases as Mondakota Gas Co. v. Montana-Dakota Utilities Co., 9 Cir., 1952, 194 F.2d 705, we disapprove. Our conclusion does not leave § 1917 without other sanctions. 3 Reversed.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: linden lab provides the service , including without limitation the software , the websites , the servers , the content ( including the virtual goods and services ) , and your account , strictly on an `` as is '' basis , and hereby expressly disclaims all warranties or conditions of any kind , written or oral , express , implied or statutory , including without limitation any implied warranty of title , noninfringement , merchantability or fitness for a particular purpose .

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: The execution, delivery and performance by the Company of this Agreement, the issuance and sale of the Purchased Securities and the consummation of the transactions contemplated by this Agreement and the other Transaction Documents will not (i) conflict with or result in a breach or violation of any of the terms or provisions of, or constitute a default under, or result in the creation or imposition of any lien, charge or encumbrance upon any Property or assets of the Company or any of its Subsidiaries pursuant to, any indenture, mortgage, deed of trust, loan agreement or other agreement or instrument to which the Company or any of its Subsidiaries is a party or by which the Company or any of its Subsidiaries is bound or to which any of the Property or assets of the Company or any of its Subsidiaries is subject, (ii) result in any violation of the provisions of the charter or bylaws or similar organizational documents of the Company or any of its Subsidiaries or (iii) result in the violation of any Law, except, in the case of clauses (i) and (iii) above, for any such conflict, breach, violation or default that would not, individually or in the aggregate, have a Material Adverse Effect.

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: It is the intention of the Borrower, the Administrative Agent, and the Lenders, and such parties hereby agree, from and after the Effective Date, this Agreement supersedes and replaces the Existing Credit Agreement in its entirety, and that (a) such amendment and restatement shall operate to renew, amend and modify certain of the rights and obligations of the parties under the Existing Credit Agreement as provided herein, but shall not act as a novation thereof, and (b) the Liens securing the “Secured Obligations” under and as defined in the Existing Credit Agreement shall not be extinguished, but shall be carried forward and shall secure such obligations and Indebtedness as renewed, amended, restated, and modified hereby. Unless specifically amended hereby, each of the Loan Documents, the Exhibits and the Schedules shall continue in full force and effect and, from and after the Effective Date, all references to the “Credit Agreement” contained therein shall be deemed to refer to this Agreement. Each Lender hereunder that is an Existing Lender and the Borrower each hereby consent to the amendments to, and amendments and restatements of, the Existing Loan Documents in the form of the Loan Documents.

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: Gross uses the “Bihari Interiors” mark in its descriptive sense only. Moreover, use of the “Bihari Interiors” mark in the metatags of his websites is the only way Gross can get his message to the public. See Bally Total Fitness, 29 F.Supp.2d at 1165 (“Prohibiting [the defendant] from using Bally’s name in the machine readable code would effectively isolate him from all but the most savvy of Internet users.”). A broad rule prohibiting use of “Bihari Interiors” in the meta-tags of websites not sponsored by Bihari would effectively foreclose all discourse and comment about Bihari Interiors, including fair comment. Courts must be particularly cautious of overextending the reach of the Lanham Act and intruding on First Amendment values. Cf. Rogers v. Grimaldi 875 F.2d 994, 998 (2d Cir.1989) (<HOLDING>); 4 McCarthy, § 27:91 at 27-140 (“Whether Options: A. holding that a title holder has the superior right to possession over one who holds no title B. holding that under title vii of the civil rights act of 1964 a charge alleging a hostile work environment will not be time barred if all acts constituting the claim are part of the same unlawful practice and at least one act falls within the filing period C. holding that a hostile work environment is a form of discrimination that is actionable under the statute D. holding that the more transformative the new work the more likely the use of the old work is a fair one E. holding that movie titles using a celebritys name will not be actionable under the lanham act unless the title has no artistic relevance to the underlying work or if the title misleads as to the source or the content of the work

assistant: The best answer is E. holding that movie titles using a celebritys name will not be actionable under the lanham act unless the title has no artistic relevance to the underlying work or if the title misleads as to the source or the content of the work
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Executive agrees that during the Term and following any termination of Executive’s employment with the Company, he will not disparage, orally or in writing, the Company or its Affiliates, the management of the Company or its Affiliates, any product or service provided by the Company or its Affiliates or the future prospects of the Company or its Affiliates.

assistant: Non-Disparagement
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 accordance with applicable law, institute proceedings for the complete foreclosure of this Mortgage by judicial action, in which case the Mortgaged Property may be sold for cash or credit in one or more parcels, subject to the provisions of any applicable Subject Lease. Except as otherwise required by applicable law, with respect to any notices required or permitted under the UCC, Mortgagor agrees that ten (10) days’ prior written notice shall be deemed commercially reasonable. At any such sale by virtue of any judicial proceedings or any other legal right, remedy or recourse, the title to and right of possession of any such property shall pass to the purchaser thereof, and to the fullest extent permitted by law, Mortgagor shall be completely and irrevocably divested of all of its right, title, interest, claim, equity, equity of redemption, and demand whatsoever, either at law or in equity, in and to the property sold and such sale shall be a perpetual bar both at law and in equity against Mortgagor, and against all other Persons claiming or to claim the property sold or any part thereof, by, through or under Mortgagor. Mortgagee or any of the other Priority Lien Secured Parties may be a purchaser at such sale. If Mortgagee or such other Priority Lien Secured Party is the highest bidder, Mortgagee or such other Priority Lien Secured Party may credit the portion of the purchase price that would be distributed to Mortgagee or such other Priority Lien Secured Party against the Obligations in lieu of paying cash. In the event this Mortgage is foreclosed by judicial action, appraisement of the Mortgaged Property is waived.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: No representation or warranty by the Buyer in this Agreement, nor any statement or certificate furnished or to be furnished to the Seller, pursuant hereto, or in connection with the transactions contemplated hereby, contains or will contain any untrue statement of a material fact, or omits or will omit to state a material fact necessary to make the statements contained herein or therein not misleading.

assistant: Disclosures
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 heroin that was seized from the Volkswagen. See United States v. Newsom, 452 F.3d 593, 609 (6th Cir. 2006). However, Proge does not dispute that the evidence was sufficient to lead a rational juror to conclude he was guilty under either a Pinkerton coconspirator liability theory or an aiding-and-abetting theory. See United States v. Martin, 920 F.2d 345, 348 (6th Cir. 1990) (Pinkerton theory). Lastly, to establish a money-laundering conspiracy “the government must prove (1) that two or more persons conspired to commit the crime of money laundering, and (2) that the defendant knowingly and voluntarily joined the conspiracy.” United States v. Prince, 618 F.3d 551, 553-54 (6th Cir. 2010); see also Whitfield v. United States, 543 U.S. 209, 212, 125 S.Ct. 687, 160 L.Ed.2d 611 (2005) (<HOLDING>). There was ample proof that a money-laundering Options: A. holding that the elements of a drug conspiracy under 21 usc 846 do include an overt act requirement B. holding that proof of overt act is not required to support admission of evidence of statement of coconspirator during course of conspiracy C. holding proof of an overt act is not required to establish a violation of 846 D. holding that proof of an overt act is not required in a 846 conspiracy E. holding that an 18 usc 1956h conspiracy does not require proof of an overt act

assistant: The best answer is E. holding that an 18 usc 1956h conspiracy does not require proof of an overt act
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: determine the meaning of “firm offer.” That argument ignores the very statute it purportedly rests upon because the FCRA specifically defines the term “firm offer.” As noted earlier, the FCRA contains the following definition: a “firm offer of ... insurance” is “any offer of ... insurance to a consumer that will be honored if the consumer is determined, based on information in a consumer report, to meet the specific criteria used to select the consumer for the offer.” 15 U.S.C. § 1681a(Z). Thus, as the court noted in Murray v. Neto Cingular Wireless Services, Inc., 523 F.3d at 723 “ ‘firm offer’ is a defined phrase.” A “firm offer” is one that will be “honored ” (if the verification checks out).... Id.; see also Kennedy v. Chase Manhattan Bank USA, NA, 369 F.3d 833, 841 (5th Cir.2004) (<HOLDING>). Although it contained substantial puffery and Options: A. holding that because the fcra does not require the disclosure in a firm offer of credit of amount of credit and interest rates courts should not imply such additional disclosure requirements explaining that the import of cole was that a firm offer of credit must have economic value rather than which terms must be included B. holding that an offer to donate cannot be an offer to sell C. holding an unaccepted settlement offer or offer of judgment does not moot a plaintiffs case emphasis added D. holding that a firm offer under the fcra really means a firm offer if you meet certain criteria E. holding that the fcras provision that a lender may only use and obtain consumer credit information for the purpose of making a firm offer of credit requires that the lender offer something of value as an extension of credit alone

assistant: The best answer is D. holding that a firm offer under the fcra really means a firm offer if you meet certain criteria
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: All news releases, publicity or advertising by Borrower or its Affiliates through any media intended to reach the general public, which refers to the Loan Documents, the Loan, Lender, a Loan purchaser, the Servicer or the trustee in a Secondary Market Transaction, shall be subject to the prior written approval of Lender. Lender shall have the right to issue any of the foregoing without Borrower’s approval.

assistant: Publicity
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 or portion of this Agreement shall be determined to be invalid or unenforceable for any reason, in whole or in part, the remaining provisions of this Agreement shall be unaffected thereby and shall remain in full force and effect to the fullest extent permitted by law.

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: No Shares will be issued pursuant to the exercise of this option unless and until the Participant pays to the Company, or makes provision satisfactory to MicroStrategy for payment of, any federal, state or local withholding taxes required by law to be withheld in respect of this option.

assistant: Withholdings
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: statutory postjudgement interest obligation, imposed under RCW 4.56.110(3). However, I disagree with the extent to which the majority has broadened the compelling interest standard in its first holding. Madsen, J. ¶44 The majority holds that “any records that were filed with the court in anticipation of a court decision (dispositive or not) should be sealed or continue to be sealed only when the court determines — pursuant to Ishikawa — that there is a compelling interest which overrides the public’s right to the open administration of justice.” Majority at 549 (citing Seattle Times Co. v. Ishikawa, 97 Wn.2d 30, 640 P.2d 716 (1982)). While I believe the majority correctly determined that the compelling interest standard should be broad c., 142 N. J. 356, 662 A.2d 546 (1995) (<HOLDING>). See also United States v. Amodeo, 44 F.3d Options: A. holding in part that the presumption of public access attaches to pretrialnondiscovery motions whether preliminary or dispositive and the materials briefs and documents filed with the court in support of or in opposition to such motions but not to pretrial discovery motions B. holding that there is no right of public access to documents considered in civil discovery motions C. holding that there is a presumptive common law right to public access to all material filed in connection with nondiscovery pretrial motions but no such right as to discovery motions and their supporting documents D. holding that although the defendant filed a number of motions because the original trial date never changed as a result of those motions no delay could be attributed to the motions E. holding that motions to dismiss should have been converted into motions for summary judgment where the district court relied upon contract documents submitted by the defendant

assistant: The best answer is A. holding in part that the presumption of public access attaches to pretrialnondiscovery motions whether preliminary or dispositive and the materials briefs and documents filed with the court in support of or in opposition to such motions but not to pretrial discovery motions
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Neither the Seller nor the Guarantor will enter into any transaction, including without limitation any purchase, sale, lease or exchange of property or the rendering of any service, with any Affiliate unless such transaction is (a) not otherwise prohibited under this Repurchase Agreement, (b) in the ordinary course of the Seller’s or the Guarantor’s business and (c) upon fair and reasonable terms no less favorable to the Seller or the Guarantor than it would obtain in a comparable arm’s length transaction with a Person which is not an Affiliate, or make a payment that is prohibited by this Section 7.10 to any Affiliate.

assistant: Transactions With Affiliates
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: those of violence.” Id. at 1108 (quoting II WIGMORE, Evidence §392 (Chadbourne rev. 1979)). Because the evidence of poverty tended to suggest that Mitchell was the unknown bank robber, the court concluded that the evidence was of “negligible probative value,” id. at 1110, noting that it had little tendency to make it more probable that he was the thief as “almost everyone, poor or not, has a motive to get more money.” Id. at 1109. As the court recognized, poverty and addiction have distinctly different effects upon an individual’s restraint and desires, but the c 2003) (affirming introduction of drug addiction to prove motive for robbery and murder when defendant admitted to being at victim’s house and substantial physical evidence linked him to the murder); Henness, 679 N.E.2d at 694 (<HOLDING>), cert. denied, 522 U.S. 971 (1997). In such Options: A. holding that the defendant failed to demonstrate legitimate expectation of privacy where he could not show that he had the owners permission to use the car or demonstrate prior use or control of the car B. holding that the driver of a car who had permission to use the car had standing to challenge its search C. holding that a defendant who had borrowed a car for a limited period of time had no legitimate expectation of privacy in the cars locked trunk where it was the very person from whom he had borrowed the car who first called the police after he failed to return the car D. holding that there was probable cause for arrest where officers knew defendants had recently been with suspected drug dealer officers saw defendants car being maneuvered so as to indicate that surveillance had been detected and when officers approached car defendant attempted to place package under car and then pulled the package back inside the car and closed and locked the car door E. holding drug addiction admissible to show motive to rob and kill when defendant had the victims car check book and credit cards told his wife and a friend that he had killed the victim in selfdefense sold the car to a drug dealer and used all the money from forged checks credit card cash advances and car sale to purchase and use drugs

assistant: The best answer is E. holding drug addiction admissible to show motive to rob and kill when defendant had the victims car check book and credit cards told his wife and a friend that he had killed the victim in selfdefense sold the car to a drug dealer and used all the money from forged checks credit card cash advances and car sale to purchase and use drugs
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: which are not subject to the Commission’s jurisdiction, to open their service territories to competition in the sale of electric generation services, and “confirmed” the authority of the Commission to similarly open the service territories of public service corporations. We reject the Cooperatives’ contention. ¶ 56 Article 15, Section 3 directs the Commission to prescribe just and reasonable rates for services without regard to market structure. Thus, even assuming the legislature is exclusively empowered to implement competition, if the contested rules are reasonably necessary steps in ratemaking within the competitive market, the Commission possesses plenary authority to enact them. Woods, 171 Ariz. at 294, 830 P.2d at 815; see also U.S. West I, 197 Ariz. at 24, ¶ 30, 3 P.3d at 944 (<HOLDING>). If not, the Commission was only authorized to Options: A. holding that because the fcc is authorized to promulgate binding legal rules and it issued the order under review in the exercise of that authority its interpretation of the communications act was entitled to chevron deference B. holding that question involving procedure required of workers compensation agency to promulgate valid rules was of general public interest C. holding statutory authority of commission to promulgate rules to interpret law does not impose affirmative rulemaking requirement D. recognizing the inherent common law authority of courts to promulgate rules of practice and procedure E. holding some competitive rules clearly related to ratemaking power and thus within commissions constitutional authority to promulgate

assistant: The best answer is E. holding some competitive rules clearly related to ratemaking power and thus within commissions constitutional authority to promulgate
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed in counterparts (and by different parties hereto in different counterparts), each of which shall constitute an original, but all of which when taken together shall constitute a single contract. This Agreement and the other Loan Documents constitute the entire contract among the parties relating to the subject matter hereof and supersede any and all previous agreements and understandings, oral or written, relating to the subject matter hereof. Except as provided in Section 5.1 , this Agreement shall become effective when the Administrative Agent and the Borrower shall have received counterparts hereof that, when taken together, bear the signatures of each party hereto. Delivery of an executed counterpart of a signature page of this Agreement by telecopy or other electronic imaging means shall be effective as delivery of a manually executed counterpart of this Agreement.

assistant: Counterparts
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: Principal and interest on any amounts advanced by the Bank under any Letter of Credit are payable on demand and shall be computed on the basis of a 360-day year for the actual number of days elapsed. In computing interest, the date of the making of any Credit Extension shall be included and the date of payment shall be excluded; provided, however, that if any Credit Extension is repaid on the same day on which it is made, such day shall be included in computing interest on such Credit Extension.

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 case excerpt and choose the best holding from the options. Case excerpt: under like circumstances ⅜ ⅜ ⅞.” Minn.Stat. § 609.20(1) (1998). He is guilty of first-degree domestic abuse murder if he “causes the death of a human being while committing domestic abuse when [he] has engaged in a past pattern of domestic abuse upon the victim and the death occurs under circumstances manifesting an extreme indifference to human life.” Minn.Stat. § 609.185(6). Bradford argues that these two verdicts are inconsistent because first-degree heat-of-passion manslaughter requires intent whereas first-degree domestic abuse murder requires extreme indifference. We disagree. While domestic abuse murder only requires extreme indifference, it does not preclude the possibility that a higher level of intent may be present. See, e.g., State v. Cole, 542 N.W.2d 43, 51 (Minn.1996) (<HOLDING>). We conclude that lack of intent is not an Options: A. holding that first and seconddegree intentional murder verdicts are consistent with a felony murder verdict because lack of intent is not an element of seconddegree felony murder B. holding error is not harmless when the accused is convicted of firstdegree murder on a general verdict after a trial in which premeditation and felony murder theories are espoused if the felony underlying the felony murder charge is based on a legally unsupportable theory C. holding that reversal of conviction for felony murder was required where jury failed to find the defendant guilty of the underlying felony as essential element of the felony murder offense D. holding that although premeditation is outside the heartland of seconddegree murder guideline upward departure from seconddegree murder guideline based on premeditation was improper because commission considered the defendants state of mind in assigning a higher base offense level to firstdegree murder than to seconddegree murder E. holding that felony murder verdicts did not merge into a malice murder verdict but were instead vacated by operation of law

assistant: The best answer is A. holding that first and seconddegree intentional murder verdicts are consistent with a felony murder verdict because lack of intent is not an element of seconddegree felony murder
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: which may result in any discharge into navigable waters,” a state certificate must be obtained. 33 U.S.C. § 1341(a)(1). The primary issue is whether the reference to “any discharge into navigable waters” under § 401 is limited to point sources. “Point source” is defined under the CWA as any discernible, confined and discrete conveyance, including but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock concentrated animal feeding operation, or vessel or other floating craft, from which pollutants are or may be discharged. This term does not include return flows from irrigated agriculture. 33 U.S.C. § 1362(14). The term “discharge,” when used without qualification in the CWA, includes a discharge of a pollutant, and a disc .Wyo.1990) (<HOLDING>); Chemehuevi Indian Tribe v. California St. Bd. Options: A. holding use of word may generally indicates permissive rather than mandatory intent B. holding that the word void is not sufficient C. holding that the word includes instead of means indicates that what follows is a nonexclusive list that can be enlarged D. holding the word carry includes the carrying of a firearm in a vehicle E. holding that the use of the word or in a statute indicates that any of the listed alternative methods will suffice

assistant: The best answer is C. holding that the word includes instead of means indicates that what follows is a nonexclusive list that can be enlarged
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The execution, delivery and performance by the Loan Parties of this Agreement and the other Loan Documents, and, in the case of the Borrower, the borrowing of Loans and the use of proceeds thereof, in each case, (a) do not require any consent or approval of, registration or filing with, or any other action by, any Governmental Authority, except such as have been obtained or made and are in full force and effect and except for filings necessary to perfect Liens created pursuant to the Loan Documents, (b) will not violate the charter, by-laws or other organizational documents of the Borrower or any of its Subsidiaries, (c) will not violate in any material respect (i) any applicable law or regulation binding on the Borrower or any of its Subsidiaries or their respective properties or (ii) any order of any Governmental Authority, (d) will not violate or result in a default under any BRAC Analysis Testing Agreement to the extent any such failure or default would give rise to a Material Adverse Effect, and (e) will not result in the creation or imposition of any Lien on any asset of the Borrower or any of its Subsidiaries, other than Liens created under 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 Committee has the right to amend, alter, suspend, discontinue or cancel the Restricted Stock Units, prospectively or retroactively; provided, that , no such amendment shall materially impair the previously accrued rights of the Grantee under this Agreement without the Grantee's consent, subject to the provisions of Sections 16.1 and 16.2 of the Plan and the Israeli Appendix.

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: . See id. § 15.064. 22 . See Liberty Mut. Ins. Co. v. Garrison, 966 S.W.2d 482, 484 (Tex.1998). 23 . See id. at 485. 24 . See Tex. Gov't Code § 311.021(4). 25 . See Walker, 827 S.W.2d at 840. 26 . See Huie v. DeShazo, 922 S.W.2d 920, 927-28 (Tex.1996). 27 . See Tex.R. Civ. P. 86(1). 28 . See Tex.R. Civ. P. 87(2)(a), (3)(a); Wilson v. Texas Parks & Wildlife Dep't, 886 S.W.2d 259, 260-61 (Tex.1994). 29 . See Ruiz v. Conoco, Inc., 868 S.W.2d 752, 757 (Tex.1993). 30 . See Tex.R. Civ. P. 87(2)(a); Masonite, 997 S.W.2d at 197 n. 16; Wilson, 886 S.W.2d at 260 n. 1 (Tex.1994). 31 . See Tex Civ. Prac. & Rem.Code § 15.018(b)(2). 32 . Id. 33 . Id. § 15.001(a). 34 . See Tex. Gov’t Code § 311.011(b); Transport Ins. Co. v. Faircloth, 898 S.W.2d 269, 274 (Tex. 1995). 35 . See Ruiz, 868 S.W.2d at 759 (<HOLDING>). 36 . See Webster’s Third New International Options: A. holding grant of authority to an agency to adopt rules necessary to carry out this chapter clearly vested in the agency authority to interpret a statute B. holding that an entity may qualify as a state agency for some purposes while being classified as a local agency for other purposes C. holding that oil company foreman lacked discretion and authority to constitute an agency or representative for venue purposes D. holding that an appeal to an agency review board would be futile because the board lacked authority to invalidate ordinance as requested E. holding superior court lacked authority to remand to commission

assistant: The best answer is C. holding that oil company foreman lacked discretion and authority to constitute an agency or representative for venue purposes
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: Sharrar, 128 F.3d at 817-18 (stating that, in a § 1983 action, the key element of an unlawful arrest cause of action is that the law enforcement agent arrested the plaintiff without probable cause). Similarly, because “an arrest based on probable cause [can]not become the source of a [§ 1983] claim for false imprisonment!,]” I conclude that the Officer Defendants are entitled to summary judgment on Luthe’s false imprisonment claim, as well. Groman, 47 F.3d at 636. B. Malicious Prosecution In Count III of the Complaint, Luthe alleges a claim for malicious prosecution. Generally, where a criminal proceeding has been initiated based on probable cause, a civil rights plaintiff cannot maintain a claim for malicious prosecution. See Montgomery v. DeSimone, 159 F.3d 120, 124 (3d Cir.1998) (<HOLDING>). As noted above, at the time the Officer Options: A. holding that a determination of probable cause does not bar a state law malicious prosecution claim where the claim is based on the police officers supplying false information to establish probable cause B. holding that in order to prevail on a malicious prosecution claim under 1983 a plaintiff must establish among other things the absence of probable cause for the initiation of the proceedings against her C. holding the same for malicious prosecution D. holding that the plaintiff must show that there was a lack of probable cause for the criminal prosecution E. recognizing tennessee law requires the absence of probable cause to maintain a malicious prosecution claim

assistant: The best answer is B. holding that in order to prevail on a malicious prosecution claim under 1983 a plaintiff must establish among other things the absence of probable cause for the initiation of the proceedings against her
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 acknowledge that academia.edu has no obligation to monitor your access to or use of the site , services or collective content or to review or edit any collective content , but has the right to do so for the purpose of operating the site and services , to ensure your compliance with these terms , or to comply with applicable law or the order or requirement of a court , administrative agency or other governmental body .

assistant: None