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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: WTT Project area as defined by the Corps. NEF contends that we need not consider the State’s argument because the State failed to raise this argument in its initial motion to clarify, instead raising it for the first time in its Rule 59(e) motion. “Rule 59(e) motions are ‘aimed at reconsideration, not initial consideration.’ ” FDIC v. World Univ., Inc., 978 F.2d 10, 16 (1st Cir.1992) (quoting Harley-Davidson Motor Co., Inc. v. Bank of New England, 897 F.2d 611, 616 (1st Cir.1990)). In World University, this Court held that the defendant’s argument, which it raised for the first time in a Rule 59(e) motion, was barred where there was no reason why the defendant could not have presented its argument prior to its motion to alter or amend the judgment. Id.; see also Engler, 146 F.3d at 374 (<HOLDING>). This rule, however, does not cover the facts Options: A. holding that the appellant waived an argument listed only in his summary of the argument B. holding that a party in a habeas case waives an argument by failing to raise it before the district court C. holding that the court did not have jurisdiction to consider an argument not presented to the board in a motion for reconsideration D. holding that an argument was barred where the movant could have but did not raise its argument before the district court ruled in the original motion E. holding the government waived its argument on appeal that the defendant did not have standing to challenge a search when it failed to raise the argument to the district court

assistant: The best answer is D. holding that an argument was barred where the movant could have but did not raise its argument before the district court ruled in the original motion
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 consideration for the performance of the Services, the Company shall pay Ariel a total amount of $41,160 in quarterly payments in advance of $10,290 commencing on the execution of this agreement and on the 1 st of June, September and December 2019.

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 case excerpt and choose the best holding from the options. Case excerpt: have inferred that Jones’s possession of these materials at home was not pursuant to her employment. Jones took the materials home without checking them out to herself through the library’s system, as one witness testified employees were required to do. Also, Jones purchased many DVDs over an extended period of time without setting up a DVD collection in the library or cataloguing the DVDs, and she testified that she purchased for herself many of the same titles she purchased for the library, although the library’s copy could not be found. From this evidence the jury could have inferred that Jones took these items with the requisite intent to deprive and that her possession was not merely an incident to her employment duties. Cf. Ray v. United States, 229 A.2d 161, 162 (D.C.App.1967) (<HOLDING>). The jury could have made numerous inferences Options: A. holding that evidence of a 10yearold drug conviction was properly admitted to show intent in a prosecution for possession with intent to distribute B. holding that the evidence was insufficient to show intent to steal if the evidence showed only possession of the materials as a normal incident of employment C. holding that there was sufficient evidence of innocent intent where both the states and defendants evidence showed that the defendant was coerced at knifepoint to enter D. holding that intent to carjack requires that defendant possessed intent to seriously harm or kill driver if necessary to steal car E. holding evidence insufficient to support conviction of attempted possession of a prohibited weapon

assistant: The best answer is B. holding that the evidence was insufficient to show intent to steal if the evidence showed only possession of the materials as a normal incident of employment
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: By an assumption agreement in form and substance satisfactory to the Executive, the Bank shall require any successor (whether direct or indirect, by purchase, merger, consolidation, or otherwise) to all or substantially all of the business or assets of the Bank to expressly assume and agree to perform this Agreement in the same manner and to the same extent that the Bank would be required to perform this Agreement had no succession occurred.

assistant: Successors
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 Loan Document constitutes or, when executed and delivered, will constitute a legal, valid and binding obligation of each Borrower party thereto, enforceable in accordance with its terms (subject, as to enforceability, to applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting creditors’ rights generally and to general principles of equity (regardless of whether such enforceability is considered in a proceeding at law or in equity)).

assistant: Enforceability
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: first issue, the size of the disparity between those with the status alleged to be the basis of the alleged disparate impact versus those without the status must be at least twenty percent. See Tabor v. Hilti, Inc., 703 F.3d at 1222 (noting that the EEOC “guidelines provide that a disparity of 20% or more in selection rate will be considered evidence of adverse impact in a disparate impact claim” and that “[although not controlling on courts, this guideline is persuasive”). As to the'statistical significance of the disparity, the Tenth Circuit has noted that “ ‘[t]he Supreme Court has recognized that a disparity of more than two or three standard deviations in a large sample makes ‘suspect’ the contention that the differential occurs randomly.’ ” Tabor v. Hilti, Inc., 703 F.3d at 1223 (<HOLDING>)(quoting Carpenter v. Boeing Co., 456 F.3d at Options: A. holding that in criminal case a continuous chain of custody need not be proven as long as the evidence as a whole establishes that it is more probable than not that the object introduced is the same as that seized B. recognizing that a defendant physicians own practice was at least some evidence of the standard of care and concluding that the case was properly submitted to the jury notwithstanding the plaintiffs failure to call an independent expert on the standard of care C. holding that ms tabors evidence was statistically significant at 2777 standard errors as to which the plaintiffs expert concluded the probability is less than 0006 that a disparity at least as large as this could occur solely as the result of chance factors if promotions were unrelated to sex D. recognizing that although the term good cause is undefined it is at least as demanding as the excusable neglect standard E. holding substantial evidence is defined as more than a scintilla but less than a preponderance and consists of such relevant evidence as a reasonable person would accept as adequate to support a eonclusion

assistant: The best answer is C. holding that ms tabors evidence was statistically significant at 2777 standard errors as to which the plaintiffs expert concluded the probability is less than 0006 that a disparity at least as large as this could occur solely as the result of chance factors if promotions were unrelated to sex
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 provided for in this Agreement shall be in writing and shall be delivered personally or sent by registered or certified mail, return receipt requested, or by overnight carrier to Company at its principal executive offices, attention Chief Executive Officer, and to Executive, to such address as shall most currently appear on the records of Company (or such other addresses as specified by the parties by like notice).

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: Upon a Participant’s Termination of Service by reason of Disability, any Option held by such Participant that was exercisable immediately before such Termination of Service may be exercised at any time until the earlier of (A) the third (3rd) anniversary of such Termination of Service (or with respect to Incentive Stock Options, the first (1st) anniversary of such Termination of Service) and (B) the expiration date of such Option specified in the applicable Award Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: by the second-degree murder guideline. Section 2A1.2 was written by the Commission to address the heartland of second-degree murders. See U.S. Sentencing Guidelines Manual § 2A1.2 (1994). By statutory definition, a second-degree murder is one that was committed without premeditation. See 18 U.S.C.A. § 1111(a) (West Supp.1997). Indeed, Hodge offers no serious argument to the contrary. The argument is made, however, that the Commission must have considered premeditation in formulating the second-degree murder guideline, U.S.S.G. § 2A1.2, because it set a higher base offense level for the first-degree murder guideline, U.S.S.G. § 2A1.1, while establishing a lower base offense level for the second-degree murder guideline. See United States v. Kelly, 1 F.3d 1137, 1139-41 (10th Cir.1993) (<HOLDING>). It cannot be doubted that in establishing a Options: A. holding that conviction for seconddegree murder operates as implied acquittal on firstdegree murder count B. holding that it was not error to allow the penalty phase jury to hear evidence that the defendants previous conviction of seconddegree murder was obtained pursuant to an indictment for firstdegree murder C. holding no offense of attempted seconddegree murder where seconddegree murder defined only as unintentional but reckless killing of another under circumstances manifesting indifference to human life 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 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

assistant: The best answer is 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
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: after that, the State offered Exhibits 4, 5, and 6, and they were admitted over Orsag’s counsel's objection. Therefore, we disagree with Orsag that no testimony was elicited concerning State’s Exhibit 4. 3 . We note that Woodling did not specifically testify she was aware of prior “convictions" as the State asserts, but she testified she was with Orsag in 1995 when he was stopped for DWI in Harris County (Exhibit 5), and she "knew about” Orsag’s "DWI in Brazos County” (Exhibit 4). This, in conjunction with her confirmation that the prior judgments reflect Orsag's signature, is some evidence to support the prior convictions. See Thomas v. State, No. 2-08-125-CR, 2009 WL 2356891, at *6 (Tex.App.-Fort Worth July 30, 2009, no pet.) (per curiam) (mem. op., not designated for publication) (<HOLDING>). 4 . As discussed below, we assume for Options: A. holding that copies of defendants convictions contained in pen packet were admissible under public records exception B. holding that the district court did not err in continuing the trial without defendant when the trial had commenced in defendants presence he vigorously expressed his desire to be absent he was given ample opportunity to change his mind despite the disturbance he had created he had competent counsel and he knew of his right to be present C. holding the state must prove that at the time of the homicide the defendant was engaged in the commission of the felony D. holding defendants brothers testimony that he knew the defendant had served time in the penitentiary for something happening at the mhmr home and his identification of his brothers photograph in a pen packet was sufficient to prove up the defen dants prior conviction for sexual assault E. holding that the officers had sufficient evidence to believe that the defendant was inside the residence to execute the arrest warrant because the officers relied on the anonymous tip given to the defendants parole officer the drivers identification of the defendant as meaty in a photograph and his assertion that meaty was in the residence at that time selling drugs

assistant: The best answer is D. holding defendants brothers testimony that he knew the defendant had served time in the penitentiary for something happening at the mhmr home and his identification of his brothers photograph in a pen packet was sufficient to prove up the defen dants prior conviction for sexual assault
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: if you have any questions about these terms or the services , please contact niantic at termsofservice@nianticlabs.com or 1 ferry building suite 200 , san francisco , ca 94111 .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be separately executed and delivered in counterparts and by the different parties hereto in separate counterparts, each of which when so executed and delivered shall be deemed to constitute one and the same Agreement. Telefacsimile or email (PDF) transmission of the signature of any party hereto shall be effective as an original signature.

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: Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be unenforceable or invalid under applicable law, such provision shall be ineffective only to the extent of such unenforceability or invalidity (and for purposes only of such applicable law), and the remaining provisions of this Agreement shall continue to be binding and in full force and effect.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: loss due to another’s negligence has not been injured in a manner which is legally cognizable or compensable.” Chemtrol Adhesives, Inc. v. Am. Mfrs. Mut. Ins. Co., 42 Ohio St.3d 40, 537 N.E.2d 624, 630 (198 y of contract, courts apply a more relaxed rule, allowing individual consumers to bring negligence claims for solely economic injuries. For example, discussing recovery for a product’s self-in flicted damage, the Supreme Court of Ohio noted, “[f] or an ordinary consumer, ie., one not in privity of contract with the seller or manufacturer against whom recovery is sought, an action in negligence may be an appropriate remedy to protect the consumer’s property interests.” Chemtrol, 537 N.E.2d at 631; see also LaPuma v. Collinwood Concrete, 75 Ohio St.3d 64, 661 N.E.2d 714, 716 (1996) (<HOLDING>); Midwest Ford, Inc. v. C.T. Taylor Co., 118 Options: A. holding that products liability cases only give rise to a tort claim where product failure harms public safety B. holding that subject to certain exceptions the economic loss rule bars recovery in tort for economic damages arising out of matters governed by contract C. holding that consumers failure to allege other than economic damages does not destroy tort claim but only removes it from purview of products liability statutes D. recognizing that substantial change is a defense to a products liability claim E. holding that a consumer can institute a products liability suit for economic loss to the product

assistant: The best answer is C. holding that consumers failure to allege other than economic damages does not destroy tort claim but only removes it from purview of products liability statutes
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: Accordingly, there are no Category 2 licenses currently available, meaning that, at this point in time, there will be no future Category 2 licensing proceedings scheduled. For any such proceeding to be scheduled in the future, the PGCB must revoke the Category 2 license it awarded to either HSP or PEDP. While there is a pending proceeding before the PGCB seeking to revoke PEDP’s license, the outcome of the same is in doubt. Consequently, since the occurrence of any future licensing proceedings is less than certain, to base standing based upon the same would require us to engage in the type of mere conjecture that has been consistently proscribed by the United States Supreme Court. See e.g., MedImmune, Inc. v. Genentech, Inc., 549 U.S. 118, 137, 127 S.Ct. 764, 166 L.Ed.2d 604 (2007) (<HOLDING>); Vermont Agency of Nat. Res. v. U.S. ex rel. Options: A. holding that standing will not lie where matters remain conjectural or hypothetical B. recognizing the general rule that an appellate court will not address matters that were not raised or decided in the trial court C. holding mandamus will lie to prevent trial court from exercising jurisdiction it does not have even if there is adequate remedy by appeal D. holding that standing existed E. holding that hypothetical injury was insufficient for standing

assistant: The best answer is A. holding that standing will not lie where matters remain conjectural or hypothetical
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: proposition that federal RICO claims are not preempted by the federal labor law duty of fair representation. Landry did not expressly discuss the preemption issue, and this Court, therefore, does not find it as persuasive as other cases that address the preemption issue directly. However, to the extent that Landry may implicitly allow federal RICO claims that are predicated upon misrepre.sentations to exist independently of duty of fair representation claims, this Court disagrees with such dictum. In Dunn, this Court held, consistently with the overwhelming weight of authority, that all claims "based on the Defendants' alleged misrepresentations — whether cast as claims for fraud or otherwise — are precluded by [the federal labor law duty of fair representation].” 836 F.Supp. at 1580 (<HOLDING>); see also Nellis, 15 F.3d 50, 51 (holding that Options: A. holding rla duty of fair representation claim preempts identical state law claims of fraud and deceit B. holding the state law claims were not preempted C. holding that state law claim regarding breach of settlement agreement was preempted by federal labor law D. holding that state law fraud claims are preempted by the federal labor law duty of fair representation E. holding that the plaintiffs state law claims are preempted by federal law

assistant: The best answer is D. holding that state law fraud claims are preempted by the federal labor law duty of fair representation
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: by an attorney or a party is not “well grounded in fact” nor “warranted by existing law” nor asserts “a good faith argument for the extension, modification, or reversal of existing law[.]” The Rule also allows for sanctions when the submission to the court was for “any improper purpose, such as to harass, embarrass, or cause unnecessary delay or needless increase in the cost of litigation.” The court “shall impose upon the person who signed [the pleading, motion, or other paper], a represented party, or both, an appropriate sanction, which may include an order to pay the other party or parties the amount of reasonable expenses incurred because of the filing of the pleading, motion or other paper, including a reasonable attorney’s fee.” The issue of whether a pro se attorney li .1994) (<HOLDING>); Pickholtz v. Rainbow Technologies, Inc., 284 Options: A. holding that california rule modeled almost word for word on rule 11 of the federal rules of civil procedure does not allow a pro se attorney litigant to recover sanctions in the form of an award of attorneys fees B. holding that a pro se litigant who is an attorney is not entitled to fees under 1988 C. holding that new jersey rule patterned on fed r civ p 11 precludes a pro se attorney litigant from receiving attorneys fees because such fees are not actually incurred D. holding that under rule 13 of the texas rules of civil procedure which precludes bringing a groundless suit for purposes of harassment a pro se attorney litigant is not entitled to attorneys fees because an attorneyclient relationship was the predicate for that particular sanction E. holding attorneys fees not available to pro se attorney litigant in a federal freedom of information act action

assistant: The best answer is D. holding that under rule 13 of the texas rules of civil procedure which precludes bringing a groundless suit for purposes of harassment a pro se attorney litigant is not entitled to attorneys fees because an attorneyclient relationship was the predicate for that particular sanction
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, the Indenture, First Lien Intercreditor Agreement and the other Security Documents represent the entire agreement of the Grantors, the Collateral Agent and the Secured Parties with respect to the subject matter hereof and thereof, and there are no promises, undertakings, representations or warranties by the Collateral Agent or any Secured Party relative to subject matter hereof and thereof not expressly set forth or referred to herein, in the Indenture, First Lien Intercreditor Agreement or in the other Security Documents.

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 legal provision and list the applicable contract clause categories. Provision: To the extent applicable, the Covenants will survive the termination of this Agreement and/or the termination of Executive’s employment with the Company and its affiliates. In addition, the termination of this Agreement will not terminate any other obligations or rights that, by the specific terms of this Article 6, extend beyond such termination.

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 legal provision and list the applicable contract clause categories. Provision: The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Whenever the words “included”, “includes” or “including” are used in this Agreement, they shall be deemed to be followed by the words “without limitation”.

assistant: Interpretations
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 costs, expenses or fees, including, without limitation, fees and disbursements of counsel, financial advisors, accountants, brokers, finders or investment bankers, incurred in connection with this Agreement and the transactions contemplated hereby will be paid by the party incurring such costs and expenses, whether or not the Closing will have occurred.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: adopt sensible limitations to prevent extortionate litigation because judges are expected and instructed to exercise discretion to determine that the lawsuit achieved its result “by threat of victory” and not “by dint of nuisance and threat of expense.” Id. at 575, 21 Cal.Rptr.3d 331, 101 P.3d 140 (citing Buckhannon Bd. & Care Home, Inc. v. W. Va. Dep’t of Health & Human Res., 532 U.S. 598, 628, 121 S.Ct. 1835, 149 L.Ed.2d 855 (2001) (Ginsburg, J., dissenting)). The Graham court justified a requirement that a private attorney general plaintiff seeking fees first reasonably and unambiguously attempt to settle short of litigation: We believe this requirement is fully consistent with the basic objectives behind section 1021.5 and with one of i 960, 966, 213 Cal.Rptr. 108 (Ct.App.1985) (<HOLDING>). 6. Rule of Proportionality Supports Warning Options: A. holding that to recover private attorney general fees a plaintiff must reasonably attempt to settle before litigation B. holding attorney lacked standing to challenge amount of attorney fees awarded plaintiffs not parties to the appeal C. recognizing a partys right to receive postjudgment fees for collection when the original judgment awarded that party attorney fees D. holding that attorney fees must be awarded where plaintiffs section 1983 claim was unreasonable and groundless E. holding private attorney general fees will not be awarded unless the plaintiff first attempts to resolve the matter without litigation and attendant expense

assistant: The best answer is E. holding private attorney general fees will not be awarded unless the plaintiff first attempts to resolve the matter without litigation and attendant expense
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 will use the proceeds of the Loans and the Letters of Credit (a) to refinance amounts outstanding under the Existing Credit Agreement and (b) for other general corporate purposes of the Borrower and the Subsidiaries, including the repayment of debt, repurchase or redemption of the Borrower’s common stock, working capital needs, capital expenditures and acquisitions.

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: This Subordination Agreement may be signed in any number of complete counterparts, each of which when so executed by all parties hereto shall be deemed to constitute one and the same agreement; but in making proof of this Subordination Agreement it will not be necessary to produce or account for more than one such counterpart executed by all parties hereto.

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 case excerpt and choose the best holding from the options. Case excerpt: 11. Barnes was properly advised of his rights, the offense charged, and the maximum sentence for the offense. The court also determined that there was an independent factual basis for the plea and that the plea was not coerced or influenced by promises. See North Carolina v. Alford, 400 U.S. 25, 31, 91 S.Ct. 160, 27 L.Ed.2d 162 (1970); United States v. DeFusco, 949 F.2d 114, 116-20 (4th Cir.1991). We find the district court properly applied the Sentencing Guidelines and considered the relevant factors before imposing the three-year probationary term. 18 U.S.C.A. § 3553(a) (West 2000 & Supp. 2006); see United States v. Hughes, 401 F.3d 540, 546-47 (4th Cir.2005). Additionally, we find that the sentence imposed was reasonable. See United States v. Green, 436 F.3d 449, 457 (4th Cir.) (<HOLDING>), cert. denied, — U.S. -, 126 S.Ct. 2309, 164 Options: A. holding that a sentence within the properly calculated guideline range is presumptively reasonable B. holding that the defendants sentence was within the guidelines range and therefore presumptively reasonable C. holding a sentence within the advisory guidelines range is presumptively reasonable D. holding that sentences within the guideline range are presumptively reasonable E. holding that when a court miscalculates the guideline range yet imposes a sentence that falls within a properly calculated guideline range the sentence enjoys a presumption of reasonableness

assistant: The best answer is A. holding that a sentence within the properly calculated guideline range is presumptively reasonable
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 has been duly executed and delivered by the Purchaser and constitutes a legal, valid and binding obligation of the Purchaser, enforceable against the Purchaser in accordance with its terms, except as such enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium, fraudulent conveyance and other similar laws of general application affecting enforcement of creditors’ rights generally and by general principles of equity. The Purchaser has duly taken all necessary corporate action to authorize the execution, delivery and performance of this Agreement and the transactions contemplated hereby.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Any notices, requests, demands and other communications provided for by this Agreement shall be sufficient if in writing and delivered in person or sent by registered or certified mail, postage prepaid, to the Executive at the last address the Executive has filed in writing with the Company, or to the Company at its main office, attention of the Board.

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 case excerpt and choose the best holding from the options. Case excerpt: Jennifer Fry’s counsel dated February 8, 2007, wherein he informs Plaintiffs of Defendant Shifrin’s alleged role in the conduct at issue. Id. at Exhibit O [Docket No. 80-16]. Although there is legal precedent to support Plaintiffs’ assertion that the RESPA statute of limitations can be equitably tolled, the Tenth Circuit has noted that application of the doctrine is limited to “rare and exceptional circumstances.” Garcia v. Shanks, 351 F.3d 468, 473 n. 2 (10th Cir.2003). Specifically, equitable tolling is only available where a plaintiff “diligently pursues his claims and demonstrates that the failure to timely file was caused by extraordinary circumstances beyond his control.” Id.; see also Irwin v. Dep’t of Veterans Affairs, 498 U.S. 89, 96, 111 S.Ct. 453, 112 L.Ed.2d 435 (1990) (<HOLDING>). Plaintiffs do not allege that fraudulent Options: A. recognizing that equitable tolling doctrines may toll the time period for filing B. recognizing appropriateness of tolling where the complainant has been induced or tricked by his adversarys misconduct into allowing the filing deadline to pass C. holding that equitable tolling of a statute of limitations may be triggered 1 where a plaintiff has actively pursued his judicial remedies by a filing a defective pleading during the statutory period or 2 where a plaintiff was induced or tricked by his adversarys misconduct into allowing the filing deadline to pass D. holding that equitable tolling is allowed where the complainant had been induced or tricked by his adversarys misconduct into allowing the filing deadline to pass E. holding that in this context the filing deadline is tantamount to a statute of limitations

assistant: The best answer is C. holding that equitable tolling of a statute of limitations may be triggered 1 where a plaintiff has actively pursued his judicial remedies by a filing a defective pleading during the statutory period or 2 where a plaintiff was induced or tricked by his adversarys misconduct into allowing the filing deadline to pass
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: Additionally, the law o tating law of case doctrine is not absolute mandate); State v. Jefferson, 31 S.W.3d 558, 561 (Tenn.2000) (noting law of case doctrine is “discretionary rule of judicial practice”); State v. Presler, 731 A.2d 699, 703 (R.I.1999) (noting law of case “does not have the finality of res judicata”); Zawodniak v. State, 339 Ark. 66, 3 S.W.3d 292, 294 (1999) (stating law of case doctrine is not inflexible and does not absolutely preclude error); Sherley v. Commonwealth, 889 S.W.2d 794, 797 (Ky.1994) (indicating courts “are not absolutely bound by law of case doctrine and may exercise discretion in its application”); People v. Stanley, 10 Cal.4th 764, 42 Cal.Rptr.2d 543, 897 P.2d 481, 492-93 (1995), cert. denied, 517 U.S. 1208, 116 S.Ct. 1825, 134 L.Ed.2d 930 (1996) (<HOLDING>); People v. Herrera, 204 Mich.App. 333, 514 Options: A. holding that under alabama law the law of the forum applies to procedural matters and that in most instances the statute of limitations is considered to be a procedural rule B. holding that court may not impose procedural requirements on agency decisionmaking that go beyond those of the administrative procedure act C. holding that jurisdiction must be resolved before applying the act of state doctrine because that doctrine is a substantive rule of law D. holding that the law of the case doctrine is not a fixed rule that prevents a federal court from determining the question of its own subject matter jurisdiction in a given case E. holding law of case doctrine is procedural and does not go to jurisdiction of court

assistant: The best answer is E. holding law of case doctrine is procedural and does not go to jurisdiction of court
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: in addition , both host and co-host acknowledge that their co-hosting relationship will terminate in the event that airbnb ( i ) terminates the co-host service or ( ii ) terminates either party 's participation in the co-host service .

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: only to a very limited extent to organizations ... which normally have other objectives.” Klor’s, Inc. v. Broadway-Hale Stores, Inc., 359 U.S. 207, 213 n. 7, 79 S.Ct. 705, 710 n. 7, 3 L.Ed.2d 741 (1959). The Supreme Court addressed the applicability of the Sherman Act to the NCAA in National Collegiate Athletic Ass’n v. Board of Regents, 468 U.S. 85, 104 S.Ct. 2948, 82 L.Ed.2d 70, holding that the NCAA’s plan to restrict television coverage of intercollegiate football games violated section 1. The Court discussed the procompetitive nature of the NCAA’s activities such as establishing eligibility requirements as opposed to the anti-competitive nature of the television plan. See id. at 117, 104 S.Ct. at 2969. Yet, while the Court distinguished the NCAA’s 2 F.Supp. 295, 303 (D.Mass.1975) (<HOLDING>); College Athletic Placement Service, Inc. v. Options: A. holding discovery rules apply to civil forfeiture proceedings B. holding that antitrust law cannot be used to invalidate ncaa eligibility rules but noting in dicta that the noagent and nodraft rules have primarily procompetitive effects C. holding that antitrust law does not apply to ncaa eligibility rules D. recognizing that the federal rules of evidence do not apply to sentencing hearings E. holding that preclusion rules apply in 1983 actions

assistant: The best answer is C. holding that antitrust law does not apply to ncaa eligibility rules
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 will be entitled to paid vacation time each year during the term of this Agreement measured on a fiscal or calendar year basis, in accordance with the Bank's customary practices, as well as sick leave, holidays and other paid absences in accordance with the Bank's policies and procedures for senior executives. Any unused paid time off during an annual period will be treated in accordance with the Bank's personnel policies as in effect from time to time.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Notwithstanding anything else in the Loan Documents to the contrary, Lender may, in its sole discretion, upon written notice to the Borrower Agent, release AG SPV as a Guarantor hereunder in the event that Lender reasonably determines that the status of AG SPV as a Guarantor hereunder could impair the bankruptcy remote nature of AG SPV from the other Obligors hereunder.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: If the Participant dies while an active employee of the Company, then, subject to the satisfaction of the Release Requirement by the Participant’s estate, the RSUs will vest as of the date of death and be converted to shares of Common Stock as soon as administratively practicable thereafter. The shares of Common Stock will be delivered to the estate of the Participant as soon as administratively practicable.

assistant: Death
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: S.Ct. 2601, 159 L.Ed.2d 643 (2004) (“[G]iving the warnings and getting a waiver has generally produced a virtual ticket of admissibility.”)); see also Berkemer v. McCarty, 468 U.S. 420, 433 n. 20,104 S.Ct. 3138, 82 L.Ed.2d 317 (1984) (“[C]ases in which a defendant can make a colorable argument that a self-incriminating statement was ‘compelled’ despite the fact that the law enforcement authorities adhered to the dictates of Miranda are rare.”). A court must consider the “totality of the circumstances” in determining whether a Defendant’s statement was voluntary. DeWeaver, 556 F.3d at 1003 (citation omitted). The Ninth Circuit has held that serious pain and discomfort does not necessarily render confessions involuntary. See United States v. Martin, 781 F.2d 671, 673-74 (9th Cir.1985) (<HOLDING>). In United States v. Coleman, 208 F.3d 786 Options: A. holding that warrantless search of defendants vehicle was legal because defendants consent was voluntary even through he was in police custody at the time of giving consent B. holding that even though defendant began to display physical signs of withdrawal his waiver was voluntary because he remained coherent and responsive was aware of what was going on and told the agents that he was able to continue with questioning C. holding that trial court did not err in admitting statements made two hours after defendants blood alcohol level was 026 when trial court found that during questioning the defendant was coherent and that his answers were extremely reasonable responsive and appropriate D. holding victims statement testimonial where it was elicited in response to structured police questioning pursuant to a police investigation E. holding that a defendants statement made outside of police custody was voluntary because he was awake and relatively coherent during the questioning despite painful injuries

assistant: The best answer is E. holding that a defendants statement made outside of police custody was voluntary because he was awake and relatively coherent during the questioning despite painful injuries
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: that weaving within one’s lane for substantial distances creates reasonable suspicion of driving under the influence, the court held that “pronounced weaving within a lane provides an officer with reasonable cause to stop a vehicle on suspicion of driving under the influence where such weaving continues for a substantial distance.” Id. at 778 (emphasis added). Here, Estrada-Nava and Colin did not demonstrate “pronounced weaving” of up to two feet in either direction, or weave for a “substantial distance.” In fact, the only “suspicious” behavior Carmichael observed was Estrada-Nava and Colin’s car touching the right fog line and the center yellow line each for 10 seconds, after legitimate lane changes. This is hardly “pronounced weaving.” See State v. Caron, 534 A.2d 978, 979 (Me.1987) (<HOLDING>); State v. Bello, 871 P.2d 584, 587 (Utah Options: A. holding that an officers reasonable mistake of law can give rise to the reasonable suspicion necessary to justify a traffic stop under the fourth amendment B. holding that there was not reasonable suspicion to justify a stop because a vehicles one time straddling of the center line of an undivided highway is a common occurrence C. holding that observations of a driver swerving from the outside lane straddling the center line and then swerving back to the outside lane gave rise to a reasonable suspicion that the driver was driving under the influence D. holding that notwithstanding the officers testimony that he had no suspicion of criminality the officer was aware of facts that would give rise to reasonable suspicion in the mind of a reasonable officer E. holding that single brief straddling of the center line of the undivided highway with no oncoming traffic in sight and no vehicles passing on the left did not give rise to an objectively reasonable suspicion of intoxication or fatigue

assistant: The best answer is E. holding that single brief straddling of the center line of the undivided highway with no oncoming traffic in sight and no vehicles passing on the left did not give rise to an objectively reasonable suspicion of intoxication or fatigue
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 shall defend , indemnify , and hold harmless vivino , its affiliates and each of its , and its affiliates employees , contractors , directors , suppliers and representatives from all losses , costs , actions , claims , damages , expenses ( including reasonable legal costs ) or liabilities , that arise from or relate to your use or misuse of , or access to , the site or otherwise from your user submissions , violation of these terms of use , or infringement by you , or any third party using the your account , of any intellectual property or other right of any person or entity ( save to the extent that a court of competent jurisdiction holds that such claim arose due to an act or omission of vivino ) .

assistant: None