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 Amendment may be executed in counterparts, each of which shall constitute an original and all of which, when taken together, shall constitute one instrument. The exchange of a fully executed Amendment (in counterparts or otherwise) by electronic transmission in .PDF format or by facsimile shall be sufficient to bind the parties to the terms and conditions of this Amendment. No modification of or amendment to this Amendment, nor any waiver of any rights under this Amendment, will be effective unless in writing signed by the duly authorized representatives of all parties hereto, and the waiver of any breach or default will not constitute a waiver of any other right hereunder or any subsequent breach or default. This Amendment shall be governed by, and construed in accordance with, the laws of the State of New York pursuant to Section 5-1401 of the New York General Obligations Law. Each party shall bear and pay its own fees, costs and expenses in connection with the negotiation, preparation and review of this Amendment.

assistant: Miscellaneous
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 payments required to be made by the Company to you under this Separation Agreement will be subject to the withholding of such amounts for taxes and other payroll deductions as the Company may be required to withhold pursuant to any applicable law or regulation. To the extent applicable, it is intended that this Separation Agreement be exempt from, or comply with the provisions of Section 409A of the Code, and this Separation Agreement will be construed and applied in a manner consistent with this intent. In the event that any severance payments or benefits hereunder are determined by the Company to be in the nature of nonqualified deferred compensation payments, you and the Company hereby agree to take such actions as may be mutually agreed to ensure that such payments or benefits comply with the applicable provisions of Section 409A of the Code and the official guidance issued thereunder. Notwithstanding the foregoing, the Company does not guarantee the tax treatment or tax consequences associated with any payment or benefit arising under this Separation Agreement.

assistant: Taxes
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 provisions of this Plan shall be construed, administered and governed by the laws of the Commonwealth of Pennsylvania including its statute of limitations provisions, but without reference to conflicts of law principals. Titles of Sections of the Plan are for convenience of reference only and are not to be taken into account when construing and interpreting the Plan. In case any provision of the Plan shall be held illegal or invalid for any reason, such illegal or invalid provision shall not affect the remaining parts of the Plan, but the Plan shall be construed and enforced without regard to such.

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: There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrower, threatened in writing or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against any Holding Company, the Borrower or any of their respective Subsidiaries or against any of their properties or revenues that either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: None of the execution, delivery, or performance of this Agreement, and the consummation of the transactions contemplated hereby, conflicts or will conflict with, or (with or without notice or lapse of time, or both) result in a termination, breach or violation of (i) any instrument, contract or agreement to which the Seller is a party or by which he is bound, or to which the Shares Sold are subject; or (ii) any federal, state, local or foreign law, ordinance, judgment, decree, order, statute, or regulation, or that of any other governmental body or authority, applicable to the Seller or the Shares Sold.

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 case excerpt and choose the best holding from the options. Case excerpt: crime of which he was convicted and sometimes as the basis for a collateral estoppel which conclusively establishes his commission of the crime. See State v. Gonzalez, 75 N.J. 181, 186, 380 A.2d 1128 (1977); Prudential Property & Casualty, Ins. Co. v. Kollar, 243 N.J.Super. 150, 578 A.2d 1238 (App.Div.1990); Allstate Ins. Co. v. Schmitt, 238 N.J.Super. 619, 632-633, 570 A.2d 488 (App.Div. 1990). Compare Burd v. Sussex Mut. Ins. Co., 56 N.J. 383, 396-397, 267 A.2d 7 (1970) (stating that a criminal judgment is evidentiary, not necessarily conclusive) and Garden State Fire & Casualty Co. v. Keefe, 172 N.J.Super. 53, 56-57, 410 A.2d 718 (App.Div.), certif. denied, 84 N.J. 389, 420 A.2d 317 (1980) (same) with Allstate Ins. Co. v. Schmitt, 238 N.J.Super. 619, 633, 570 A.2d 488 (App.Div.1990) (<HOLDING>) and New Jersey Mfrs. Ins. Co. v. Brower, 161 Options: A. holding that collateral estoppel applies only where the antecedent judgment was a final judgment B. recognizing the doctrine of collateral estoppel in agency proceedings C. holding that the doctrine of collateral estoppel applies when an issue of ultimate fact has necessarily been determined by a valid final judgment D. holding that estoppel was a question of fact E. holding that a fact established by a criminal judgment was to be given conclusive effect under collateral estoppel doctrine

assistant: The best answer is E. holding that a fact established by a criminal judgment was to be given conclusive effect under collateral estoppel doctrine
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 agrees to pay the reasonable fees and expenses of Independent Legal Counsel should such Independent Legal Counsel be retained to make a determination of Indemnitee’s entitlement to indemnification pursuant to Section 6(b) hereof, and to fully indemnify such Independent Legal Counsel against any and all expenses and losses incurred by it arising out of or relating to this Agreement or its engagement pursuant hereto.

assistant: Fees
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 Agent and each Lender agrees to hold any confidential information which it may receive from the Borrower in connection with this Agreement in confidence, except for disclosure (a) to its Affiliates and to the Agent and any other Lender and their respective Affiliates, (b) to legal counsel, accountants, and other professional advisors to such Lender or to a Transferee or proposed Transferee, (c) to regulatory officials, (d) to any Person as requested pursuant to or as required by law, regulation, or legal process, (e) to any Person in connection with any legal proceeding to which it is a party, (f) to its direct or indirect contractual counterparties in swap agreements or to legal counsel, accountants and other professional advisors to such counterparties, (g) permitted by Section 12.4 , (h) to rating agencies if requested or required by such agencies in connection with a rating relating to the Credit Extensions hereunder and (i) in connection with the exercise of any remedy hereunder or under any other Loan Document. Without limiting Section 9.4 , the Borrower agrees that the terms of this Section 9.11 shall set forth the entire agreement between the Borrower and each Lender (including the Agent) with respect to any confidential information previously or hereafter received by such Lender in connection with this Agreement, and this Section 9.11 shall supersede any and all prior confidentiality agreements entered into by such Lender with respect to such confidential information.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each party's obligations under Sections 5.9 and 5.10 shall survive the resignation or replacement of Agent or any assignment of rights by or replacement of a Lender or an Issuing Bank, the termination of the Commitments, and the repayment, satisfaction, discharge or Full Payment of any Obligations.

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: However, Medical Expert # 1, Dr. Abramson, found Hampton was capable of performing only light to medium work. (R. 70). Dr. Blackman testified that due to Hampton’s anger and depression interfering with his concentration, Hampton could not perform “even in the simplest of jobs now.” (R. 84). Once the psychiatrist established Hampton’s limitations performing the simplest of jobs due to his lack of mental concentration based on depression, the ALJ was required to call the VE to testify because the grid rules were no longer appropriate in determining whether Hampton could perform light to medium work where Hampton’s nonexertional impairments were so severe as to limit the range of work he could perform. Herron, 19 F.3d at 336; Allen v. Sullivan, 977 F.2d 385, 389-90 (7th Cir.1992) (<HOLDING>). Intertwined with claimant’s argument that the Options: A. holding the record viewed in its entirety does not support the aljs finding that allen had no nonexertional impairments B. holding that when court applies the clearly erroneous standard court may not reverse boards finding of fact if after court reviews the record in its entirety the finding is supported by a plausible basis C. holding that ambiguity will be found where writing viewed in its entirety fairly admits of more than one meaning D. recognizing the aljs broad discretion to correct mistakes in the record E. holding that the district courts finding of no discrimination was not clearly erroneous because the finding was supported by the record

assistant: The best answer is A. holding the record viewed in its entirety does not support the aljs finding that allen had no nonexertional impairments
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: has only one reasonable interpretation. The Farmworkers assert that the phrase means the home villages from which the workers traveled to Monterrey. Indeed, “[t]he place from which the worker has come to work” can reasonably be read to mean the home village of the worker. Alternatively, the Growers contend that the place from which the worker has come to work is Monterrey, as that was the place where the workers gathered, where they were selected to be employees, and from where they traveled collectively to the farms in Florida. This reading of the language is equally reasonable. As both interpretations provide reasonable constructions, the phrase is clearly ambiguous. See Royal Am. Realty, Inc. v. Bank of Palm Beach and Trust Co., 215 So.2d 336, 338 (Fla.4th Dist.Ct.App.1968) (<HOLDING>). In finding that the phrase clearly and Options: A. holding that when a contract is ambiguous and the parties suggest different interpretations summary judgment is inappropriate because an issue of fact exists B. holding that extrinsic evidence of the parties course of conduct may be considered where the contract language is ambiguous C. holding that an insurance contract should be construed as a reasonable person in the position of the insured would have understood it and that if the language used in the policy is reasonably susceptible to different constructions it must be given the construction most favorable to the insured D. holding that a contract is ambiguous if a reasonable person would find it susceptible to different or inconsistent interpretations E. holding that contract language is ambiguous where it is in fact reasonably or fairly susceptible to the different constructions being advocated by the parties

assistant: The best answer is E. holding that contract language is ambiguous where it is in fact reasonably or fairly susceptible to the different constructions being advocated by the parties
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 terms and provisions contained in this Agreement constitute the entire agreement between the Parties and their Affiliates with respect to the subject matter hereof. This Agreement supersedes and terminates all previous undertakings, representations and agreements, both oral and written between the Parties and their Affiliates with respect to the subject matter hereof.

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: recognized that “a foreclosure proceeding resulting in a final decree and a sale of the mortgaged property, without the holder of the legal title being before the court will have no effect to transfer his title to the purchaser at said sale.” Jordan v. Sayre, 24 Fla. 1, 3 So. 329, 330 (1888). If the foreclosure proceeding has no effect to transfer title because the legal title holder has not been joined, it is simply another way of saying that the foreclosure proceeding is void. Id. (emphasis added). This court explained that the borrower’s res judicata argument would have merit if the first foreclosure sale were not void. Id. Similarly, Citibank’s foreclosure judgment was void for failing to join indispensable parties. See also Lambert v. Dracos, 403 So.2d 481, 484 (Fla. 1st DCA 1981) (<HOLDING>). If the trial court denied the motion to Options: A. holding trial court erred in denying defendants motion for arrest of judgment where indictment was insufficient B. holding that district court erred in denying leave to amend complaint to add new legal theories even though trial was approaching C. holding trial court erred in denying defendants motion to dismiss foreclosure complaint for failure to join an indispensable party a legal coowner of the interest foreclosed D. holding that the trial court erred by granting the defendants motion to dismiss E. holding that trial court erred in denying motion for judgment of acquittal when state failed to prove venue

assistant: The best answer is C. holding trial court erred in denying defendants motion to dismiss foreclosure complaint for failure to join an indispensable party a legal coowner of the interest foreclosed
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: against the unknown aggressor, particularly if they resemble highwaymen in ski masks. Second, permitting the police to attempt an unannounced forcible entry subverts the interest in protecting private property. Finally, attempting entry without warning precludes the officers’ ability to recognize possible mistakes in identity or location of the suspect or the place to be searched. Therefore, our previous analysis in Fike no longer serves as the basis for assessing attempted forcible entries under the knock-and-announce rule. Rather, the reasonableness test outlined by the Supreme Court in Richards applies with equal force to attempts at forcible entry as it does to the actual breaking and entering of a person’s home. See also United States v. Gable, 401 F.2d 765, 766 (3rd Cir.1968) (<HOLDING>); United States v. McCloud, 127 F.3d 1284, 1289 Options: A. holding that the insertion of a key into the door of a car to see if it fit constituted the beginning of a search because there is a reasonable expectation of privacy B. holding that arrest by the back door of defendants house was unlawful C. holding that mere insertion of key was not a search or at least not an unreasonable search protected by the fourth amendment D. holding that defendants constitutionally protected privacy interest began at the door to his room not at the door to the rooming house E. holding that insertion of a crowbar into the door of a suspects house by officers before they announced their presence constitutes an unreasonable search

assistant: The best answer is E. holding that insertion of a crowbar into the door of a suspects house by officers before they announced their presence constitutes an unreasonable search
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: demonstrate a violation of an individual’s bodily integrity sufficient to support a constitutional violation. Moran v. Clarke, 296 F.3d 638, 647 (8th Cir.2002) (en banc) (discussing the severity of conduct necessary to establish a violation). For instance, in Reeve v. Oliver, our court refused to find a substantive due process violation when a state actor touched and rubbed a woman’s back while staring at her chest. 41 F.3d 381, 382-83 (8th Cir.1994). Similarly, in Lillard v. Shelby County Bd. of Educ., 76 F.3d 716, 726 (6th Cir.1996), the Sixth Circuit held that a teacher’s act of rubbing a student’s stomach while he made suggestive remarks to her did not violate the student’s right to bodily integrity. See also Petrone v. Cleveland State Univ., 993 F.Supp. 1119, 1126 (N.D.Ohio 1998) (<HOLDING>), disapproved of on other grounds in Kovacevich Options: A. holding that sexual harassment need not take the form of sexual advances or other explicitly sexual conduct in order to be actionable under title vii B. holding that a seventeenyearold student lacked the capacity to consent to engage in sexual conduct with a teacher and consequently her allegations of a seeminglyconsensual sexual relationship with the teacher were sufficient to state a 1983 claim based on a violation of substantive due process C. holding that allegations of a supervisors sexual advances including one where the supervisor slid his hand along a womans leg toward her pelvic area did not state a substantive due process claim D. recognizing 1983 substantive due process claim E. holding that similar allegations were insufficient to state a due process claim

assistant: The best answer is C. holding that allegations of a supervisors sexual advances including one where the supervisor slid his hand along a womans leg toward her pelvic area did not state a substantive due process claim
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: ifp has been denied, a defendant could be served with a complaint well after the limitations period has expired simply because the plaint that specifies the time in which a plaintiff must pay the filing fee after an ifp motion has been denied. See, e.g., Williams-Guice, 45 F.3d at 163 (“Local Rule 11D in the Northern District of Illinois gives a plaintiff 15 days to pay the docket fee following denial of an application for leave to proceed IFP.”). The Local Rules of the Eastern District of Pennsylvania do not address this issue, and for that reason, the Court holds that the plaintiff is entitled to a “reasonable” time. If these principles are ap 103-day delay is unreasonable, where the local rules provided for a 15-day grace period after an ifp motion denial); Rodgers, 790 F.2d at 1553 (<HOLDING>). The Court now considers whether there was Options: A. holding that a five month delay is unreasonable B. holding that a five month delay was unreasonable C. holding that a six month delay was unreasonable D. holding that a 13 month delay was unreasonable E. holding that a one month delay is acceptable

assistant: The best answer is E. holding that a one month delay is acceptable
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: parent is poor, uneducated, and without sufficient financial resources to care for her children in the manner the Department deems advisable-” T.C.B. v. Dep’t of Children & Families, 816 So.2d 194, 197-98 (Fla. 1st DCA 2002). Best Interests of the Child Finally, we acknowledge that we have not addressed whether termination is in the best interest of the child, and we de- dine to do so. We find that where the Department has not provided competent, substantial evidence to prove that Appellants pose a substantial risk of significant harm to V.B., and thus failed to show that termination is the least restrictive means of protection, we need not decide whether termination would be in the child’s best interests. See J.J. v. Dep’t of Children & Families, 994 So.2d 496, 503 (Fla. 4th DCA 2008) (<HOLDING>). Thus, we REVERSE and REMAND for further Options: A. holding that although a reason was provided in the termination letter the without cause termination provision was applicable B. holding that though the mother admitted that there were grounds to support termination of her parental rights the benefits of allowing the mothers relationship with her teenage daughter to continue were too palpable and the benefits of severing it too speculative for us to agree that the state had shown by clear and convineing evidence that termination was in the best interest of the child C. holding that it need not discuss the trial courts findings concerning the manifest best interests of the children because it was reversing termination due to the departments failure to prove that the mother posed a substantial risk of significant harm and that termination was the least restrictive means D. holding that in cases involving severe or continuing abuse or neglect the termination of parental rights without the use of plans or agreements is the least restrictive means E. holding that a superior court properly considered the childrens need for permanency a crucial need for young children in evaluating the best interests of the child in a termination proceeding

assistant: The best answer is C. holding that it need not discuss the trial courts findings concerning the manifest best interests of the children because it was reversing termination due to the departments failure to prove that the mother posed a substantial risk of significant harm and that termination was the least restrictive means
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: given Weingarten actual authority to make the trades, SHB should bear no responsibility for the margin call. Peltz was at least equally culpable with SHB for creating the short position. Thus, SHB is not liable because in pari delicto potior est conditio defendewtis: when there is mutual wrongdoing, the law favors the defending party. See Bateman Eichler, Hill Richards, Inc. v. Berner, 472 U.S. 299, 306, 105 S.Ct. 2622, 2626-27, 86 L.Ed.2d 215 (1985). The in pari delicto defense is used sparingly, and is narrowly defined in litigation under federal regulatory statutes. See Perma Life Mufflers, Inc. v. International Parts Corp., 392 U.S. 134, 145, 88 S.Ct. 1981, 1987-88, 20 L.Ed.2d 982 (1968) (not recognizing defense in antitrust action); Ross v. Bolton, 904 F.2d 819, 824 (2d Cir.1990) (<HOLDING>). To ensure-that the defense is narrowly Options: A. recognizing a duty of best execution under federal securities law B. recognizing defense in securities case C. holding that morrison precludes securities claims brought by us investors who purchase securities on a foreign exchange even where those securities are also listed on a us exchange D. recognizing the incorporation by reference doctrine in a securities case E. recognizing an innocent possession defense though the defense in that case is more properly considered a justification defense as life and limb were arguably at stake

assistant: The best answer is B. recognizing defense in securities case
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: was prejudiced by the bystander’s conduct. See Williams, 651 S.W.2d at 821. In Williams, we noted that the defendant did not make a bystander’s bill describing the event, did not subpoena any jurors to testify at the hearing on his motion for new trial, and did not present any juror’s affidavit as to how the incident may have affected the verdict. Id. We concluded that “it was incumbent upon the appellant to establish, by competent evidence, the probability of injury to himself as a result of the outburst.” Id.; see also Landry, 706 S.W.2d at 111-12 (noting that Landry failed to point to any particular verbal outcry or demonstrate how victim’s family’s emotional responses reasonably could have interfered with jury’s verdict); Ashley v. State, 362 S.W.2d 847, 850-51 (Tex.Crim.App. 1962) (<HOLDING>); Guse v. State, 97 Tex.Crim. 212, 214-15, 260 Options: A. holding that a prior inconsistent statement was admissible and the defendant failed to ask for a limiting instruction that the jury could not use the statement as substantive evidence B. holding no injury to guse shown by statement from audience member that contradicted guses testimony because statement was irrelevant to defense presented C. holding that because defendant initiated conversation leading to statement trial court did not err in admitting statement D. holding that improper statement was rendered harmless because the district court sustained the defendants objection and admonished the jury to disregard the statement E. holding no injury to ashley shown by statement to widow of murder victim that was not in evidence because trial court gave sua sponte instruction to jury to disregard statement and statement did not contradict ashleys testimony

assistant: The best answer is E. holding no injury to ashley shown by statement to widow of murder victim that was not in evidence because trial court gave sua sponte instruction to jury to disregard statement and statement did not contradict ashleys testimony
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: under california civil code section 1789.3 , users of the service from california are entitled to the following specific consumer rights notice : the complaint assistance unit of the division of consumer services of the california department of consumer affairs may be contacted in writing at 1625 north market blvd. , suite n 112 , sacramento , ca 95834 , or by telephone at (916) 445-1254 or (800) 952-5210 .

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: our state Supreme Court to determine “[w]hether the sentence of death is excessive or disproportionate to the penalty imposed in similar cases, considering both the crime and the defendant”); cf. Markman v. Westview Instruments, Inc., 517 U.S. 370, 377, 381-82, 116 S. Ct. 1384, 134 L. Ed. 2d 577 (1996) (in determining whether it is proper for a jury to “ ‘shoulder [the] responsibility [of construction of a written instrument] ... to preserve the substance of the [Seventh Amendment] common-law right of trial by jury,’ ” noting that judges not juries, ordinarily construe written documents (emphasis omitted) (quoting Tull v. United States, 481 U.S. 412, 426, 107 S. Ct. 1831, 95 L. Ed. 2d 365 (1987)); Jackson v. Denno, 378 U.S. 368, 385-86, 84 S. Ct. 1774, 12 L. Ed. 2d 908 (1964) (<HOLDING>). Some have argued that Blakely prohibits the Options: A. holding the sixth amendment right to a jury trial applies to the states through the fourteenth amendment B. holding the due process clause of the fourteenth amendment extends the right to jury trial to defendants in serious criminal cases in state courts C. holding that states procedure providing for jury evaluation of voluntariness of a defendants confession violates fourteenth amendment due process D. holding that continued incarceration after the lawful basis for custody expires violates due process under the fourteenth amendment E. holding that an attempt by a prosecuting attorney to serve two masters violates the due process clause of the fourteenth amendment

assistant: The best answer is C. holding that states procedure providing for jury evaluation of voluntariness of a defendants confession violates fourteenth amendment due process
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: 846 P.2d 1256, 1260 (Utah 1998) (quoting Illinois v. Gates, 462 U.S. 213, 238, 103 S.Ct. 2317, 76 L.Ed.2d 527 (1983)). 113 The search warrant affidavit contained an inaccurate date. Agent White's affidavit in support of the search warrant stated that on "September 26, 2006, at approximately 12:26 HRS MST," he observed child pornography being offered from a specific IP address on a peer-to-peer file-sharing network. Agent White further stated that he later sent an administrative subpoena to the internet service provider holding that IP address, requesting identification of the subscriber using that specific IP address "on September 20th, 2006, at 12:26 hours MST." The internet service provider responded that the IP address was assigned to Mitchell for a nine-day perio P.3d 1147 (<HOLDING>); United States v. Snyder, 471 Fed.Appx. 884, Options: A. holding that a test of a urine sample implicates the fourth amendment B. recognizing problems with generalizing from an extremely limited sample when a broader sample can be readily obtained and when no showing of the representativeness of the sample is made C. holding blood sample does not constitute compelled testimony D. holding that a warrant to obtain a blood sample was valid despite a reference to a urine sample in the addendum to the affidavit because the minor inconsistency did not seriously undermine the information underlying the probable cause determination E. holding defendant had a reasonable expectation of privacy in blood sample drawn by hospital

assistant: The best answer is D. holding that a warrant to obtain a blood sample was valid despite a reference to a urine sample in the addendum to the affidavit because the minor inconsistency did not seriously undermine the information underlying the probable cause determination
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: on termination of subscriber 's membership to the site and use of the services , 9gag , inc shall make all reasonable efforts to promptly remove from the site and cease use of the subscriber content ; however , subscriber recognizes and agrees that caching of or references to the subscriber content may not be immediately removed .

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: have been offered for that purpose.” Nevada v. United States, 463 U.S. 110, 129-30, 103 S.Ct. 2906, 2917-18, 77 L.Ed.2d 509 (1983) (quoting Cromwell v. County of Sac, 94 U.S. 351, 352, 24 L.Ed. 195 (1877)). This doctrine serves the public policy of preserving repose and “putting an end to litigation.” Foster v. Hallco Mfg. Co., 947 F.2d 469, 475- 76 (Fed.Cir.1991). A plaintiff is barred from relitigating the same transactional facts even though they are cloaked in a different cause of action or theory of recovery. Vitaline Corp. v. General Mills, Inc., 891 F.2d 273, 275 (Fed.Cir.1989) (citing Young Eng’rs, Inc. v. United States, 721 F.2d 1305, 1314 (Fed.Cir.1983)); see Woods v. Dunlop Tire Corp., 972 F.2d 36 (2d Cir.1992), cert. denied, — U.S. —, 113 S.Ct. 977, 122 L.Ed.2d 131 (1993) (<HOLDING>), Vitaline, 891 F.2d 273 (holding that prior Options: A. holding that antidiscrimination rights under title vii cannot be waived by a collective bargaining agreement B. holding that employees claim alleging discharge in violation of collective bargaining agreement precluded subsequent action under title vii for the same discharge C. holding that where the immediate cause or motivating factor of a discharge is the employees assertion of statutory rights the discharge is discriminatory under section 215a3 whether or not grounds for other discharge exist D. holding that petitioners remedy under title vii of the civil rights act was in addition to remedies available under the collective bargaining agreement in force between his employer and his union E. holding that an employee does not forfeit his title vii right of action if he first seeks relief under an arbitration clause in his collective bargaining agreement

assistant: The best answer is B. holding that employees claim alleging discharge in violation of collective bargaining agreement precluded subsequent action under title vii for the same discharge
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: objection which is ample and timely to bring the alleged ... error to the attention of the trial court and enable it to take appropriate corrective action is sufficient to ... preserve the claim for review.’ ” United States v. Williams, 985 F.2d 749, 755 (5th Cir.1993) (ellipses in original) (quoting Osborne v. Ohio, 495 U.S. 103, 125, 110 S.Ct. 1691, 109 L.Ed.2d 98 (1990)); see also Douglas v. Alabama, 380 U.S. 415, 422, 85 S.Ct. 1074, 13 L.Ed.2d 934 (1965). If an argument is not raised in a motion to suppress, it is deemed forfeited, and we review for plain error. See United States v. Baker, 538 F.3d 324, 329 (5th Cir.2008). However, where good cause is shown, the “court may grant relief from the waiver.” Fed.R.CrimP. 12(e); cf. United States v. Hall, 565 F.2d 917, 920 (5th Cir.1978) (<HOLDING>). Seale never affirmatively argued that Miranda Options: A. holding that district courts desire to avoid penalizing a criminal defendant for the inadvertence of his attorney constitutes cause B. holding that for public policy reasons the mere filing of a bar complaint by a defendant against his attorney does not mandate removal of the attorney C. holding neither a lack of prejudice to the defendant nor the running of the statute of limitations constitutes good cause D. holding district courts adoption of the presentence report constitutes sufficient findings E. holding that the failure to object to a trial courts instruction constitutes waiver

assistant: The best answer is A. holding that district courts desire to avoid penalizing a criminal defendant for the inadvertence of his attorney constitutes cause
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 Borrower agrees to pay the Administrative Agent Fee (other than the first Administrative Agent Fee) and any Unused Fee in accordance with the Payment Letter on each Settlement Date pursuant to Section 2.10 . The Borrower agrees, jointly and severally with the Parent pursuant to the Payment Letter, to pay the Closing Payment and the first Administrative Agent Fee, in each case, in accordance with the terms of the Payment Letter.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Notices and all other communications contemplated by this Agreement shall be in writing and shall be deemed to have been duly given when personally delivered or one day following mailing via Federal Express or similar overnight courier service. In the case of Executive, mailed notices shall be addressed to Executive at Executive’s home address that the Company has on file for Executive. In the case of the Company, mailed notices shall be addressed to its corporate headquarters, and all notices shall be directed to the attention of its Chief Financial Officer and Vice President of Human Resources.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Neither the consummation nor the performance of any of the Contemplated Transactions will, directly or indirectly (with or without notice or lapse of time), contravene or conflict with or result in a violation of or cause Buyer or any Related Person of Buyer to suffer any adverse consequence under (a) any applicable Legal Requirement or Order or (b) any Legal Requirement or Order that has been published, introduced or otherwise proposed by or before any Governmental Body, excluding Bulk Sales Laws.

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 Lenders shall have received (i) audited consolidated financial statements of the Borrower for the 2013, 2014 and 2015 fiscal years and (iii) unaudited interim consolidated financial statements of the Borrower for each fiscal quarter ended after the date of the latest applicable financial statements delivered pursuant to clause (i) of this paragraph and at least 45 days prior to the Restatement Effective Date.

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 case excerpt and choose the best holding from the options. Case excerpt: charges. Both this evidence and Stanley’s guilty plea were introduced during trial. Rule 404(b) of the Federal Rules of Evidence states that evidence of other crimes is admissible to show “proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident____” Guidance for applying this rule is provided by the two-part test introduced in United States v. Beechum, 582 F.2d 898 (5th Cir.1978) (en banc), cert. denied, 440 U.S. 920, 99 S.Ct. 1244, 59 L.Ed.2d 472 (1979): (i) Is the extrinsic offense evidence relevant to one of the Rule 404(b) factors?; and (ii) Is the probative value of that evidence greater than its potential to unfairly prejudice the jury? See id. at 911. Stanley contends that failure on the part of pr 1, 285 (5th Cir.1990) (<HOLDING>). The evidence at issue is 70 marijuana plants Options: A. holding that prior conviction shall be admissible evidence for impeachment purposes unless danger of undue prejudice substantially outweighs probative value B. holding that a district court did not abuse its discretion in excluding the testimony of a witness that was not highly probative C. holding that witness testimony about prior drug purchases from defendant was highly probative of brookins guilt and was not outweighed by any danger of undue prejudice D. holding that the probative value of contested evidence far outweighed any danger of unfair prejudice where any potential unfair prejudice was cured by a limiting jury instruction E. holding in a criminal context that the probative value of evidence of other crimes is not substantially outweighed by danger of unfair prejudice where the court will give a limiting jury charge

assistant: The best answer is C. holding that witness testimony about prior drug purchases from defendant was highly probative of brookins guilt and was not outweighed by any danger of undue prejudice
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 (a) by 9:30 a.m. (New York City time) on the Trading Day immediately following the date hereof, issue a press release disclosing the material terms of the transactions contemplated hereby and (b) file a Current Report on Form 8-K, including the Offering Materials as exhibits thereto (to the extent any information contained therein is material, non-public information), with the SEC within the time required by the Exchange Act. From and after the issuance of such press release, the Company represents to the Subscriber (other than any Subscriber who has a representative on the Company’s board of directors or who is an employee of the Company) that it shall have publicly disclosed all material, non-public information delivered to any Subscriber by the Company or any of its Subsidiaries or any of its or their respective officers, directors, employees or agents in connection with the transactions contemplated by the Offering Materials. In addition, effective upon the issuance of such press release, the Company acknowledges and agrees that any and all confidentiality or similar obligations under any agreement, whether written or oral, between the Company, any of its Subsidiaries or any of their respective officers, directors, agents, employees or Affiliates on the one hand, and the Subscriber or any of its Affiliates on the other hand, shall terminate. The Company and the Placement Agent shall consult with each other in issuing any other press releases with respect to the transactions contemplated hereby. Notwithstanding the foregoing, the Company shall not publicly disclose the name of any Subscriber, or include the name of any Subscriber in any filing with the SEC or any regulatory agency or trading market, without the prior written consent of such Subscriber, except: (a) as required by federal securities law in connection with the filing of any Offering Materials (including signature pages thereto) with the SEC and (b) to the extent such disclosure is otherwise required by law, in which case the Company shall, if permitted by applicable law, provide the Subscriber with prior notice of such disclosure permitted under this clause (b).

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 case excerpt and choose the best holding from the options. Case excerpt: this case would be January 10, 2015. See Tex. R. Civ. P. 297. But because January 10th was a Saturday, the last day to file findings was actually Monday, January 12. See Tex. R. Civ. P. 4. 4 . See also Tex. Labor Code § 21.105 (defining “disability” as a "physical or mental condition that does not impair an individual’s ability to reasonably perform a job”); Tex. Transp. Code § 681.001(2) (" ‘Disability’ means a condition in which a person has ... mobility problems that substantially impair the person's ability to ambulate [or vision problems].”); Tex. Civ. Prac. & Rem. Code § 16.022(a)(2) ("For the purposes of this sub-chapter, a person is under a legal disability if the person is ... (2) of unsound mind.... ”); see also 42 U.S.C 416, 420, 421 (Tex. App.—Corpus Christi 2005, no pet.) (<HOLDING>); Larry F. Smith, Inc. v. The Weber Co., Inc., Options: A. holding that rule 18 granted a successor to a resigned judge the power to file findings when a case was transferred between districts B. holding that rule 18 granted a successor to a deceased judge the power to file findings C. holding that not even the successor to a retiring judge may file findings because retirement is not listed in rule 18 and has a statutorily distinct meaning from resignation D. holding that neither rule 18 nor section 30002 allowed the successor to an electoral loser to file findings when the transition did not happen during the period in which the trial court was obligated to file findings E. holding that rule 18 grants authority to some successor judges to file findings

assistant: The best answer is A. holding that rule 18 granted a successor to a resigned judge the power to file findings when a case was transferred between districts
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: judgment debtor to determine if there are any funds owed to the judgment debtor by the third party. Id. at §§ 63.001-.008. It requires a separate lawsuit against the third party consisting of an application supported by affidavits affirming that the defendant does not possess property in Texas subject to execution sufficient to satisfy the debt. It also requires a bond. Tex.R. Crv. P. 657-674. In the case before us, however, the creditor and the third party are effectively the same; the creditor is the State of Texas and the party holding the funds, the TDCJ, is an agency of the State. See Martin v. Tex. Bd. of Criminal Justice, 60 S.W.3d 226, 229 (Tex.App.-Corpus Christi 2001, no pet.) (recognizing that TDCJ is a state agency); Lowe v. Tex. Tech Univ., 540 S.W.2d 297, 298 (Tex.1976) (<HOLDING>). It is unlikely that the legislature Options: A. holding that a suit against a state official in his or her official capacity is not a suit against the official but rather is a suit against the officials office B. holding that a damages suit against a state officer in his official capacity was barred because it was functionally a suit against the state C. holding that the state police is a state agency D. holding a suit against an agency of the state is a suit against the state E. holding that a suit against a state official in his or her official capacity is a suit against the state itself and not cognizable under 1983

assistant: The best answer is D. holding a suit against an agency of the state is a suit against the state