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: with regard to that ground; we deny the remaining grounds without further comment. Mr. Perri was charged with numerous offenses after he fled from law enforcement officers who tried to stop his vehicle based on a tip that he was in possession of drugs and a firearm. Two of the offenses — possession of ammunition by a convicted felon and possession of a firearm by a convicted felon — were severed from the others. Fla. 1st DCA 1998)); accord Bell v. State, 122 So.3d 958, 960-61 (Fla. 2d DCA 2013) (citing Boyd and holding that separate convictions for a felon’s possession of ammunition found in his pocket and a firearm found in his car’s glove compartment after he was arrested for a traffic violation violated double jeopardy); Strain v. State, 77 So.3d 796, 797 (Fla. 4th DCA 2011) (<HOLDING>). The State concedes that appellate counsel was Options: A. holding that the trial court was not entitled to impose a threeyear mandatory minimum sentence on a defendant convicted of possession of a firearm by a convicted felon where the jury verdict did not specifically find actual possession B. holding that conviction for possession of ammunition by a convicted felon in violation of 18 usc 922g is valid under the commerce clause as long as the ammunition had previously moved in interstate commerce even though the possession did not have a substantial affect on same C. holding that dual convictions of possession of a firearm by a convicted felon and possession of ammunition by a convicted felon violated double jeopardy D. holding the defendant was a convicted felon within the purview of the federal statute prohibiting the receiving and possession of firearms by a convicted felon where the defendants prior conviction was based on an idaho state probated sentence E. holding that double jeopardy precludes dual convictions for felon in possession of a firearm and felon in possession of separate ammunition because section 790231 florida statutes prohibits possession of any firearm ammunition or electric weapon or device emphasis in original

assistant: The best answer is C. holding that dual convictions of possession of a firearm by a convicted felon and possession of ammunition by a convicted felon violated double jeopardy
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement, together with the relevant Notice and the Plan, contain the entire agreement between the parties with respect to the PSUs granted hereunder. Any oral or written agreements, representations, warranties, written inducements, or other communications made prior to the execution of this Agreement with respect to the PSUs granted hereunder shall be void and ineffective for all purposes.

assistant: Entire Agreements
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 capitalization of the Company is as set forth on Schedule 3.1(g) . The Company has not issued any capital stock since its most recently filed periodic report under the Exchange Act, other than pursuant to the exercise of employee stock options under the Company’s stock option plans, the issuance of shares of Common Stock to employees pursuant to the Company’s employee stock purchase plans and pursuant to the conversion and/or exercise of Common Stock Equivalents outstanding as of the date of the most recently filed periodic report under the Exchange Act. No Person has any right of first refusal, preemptive right, right of participation, or any similar right to participate in the transactions contemplated by the Transaction Documents. Except as a result of the purchase and sale of the Securities, there are no outstanding options, warrants, scrip rights to subscribe to, calls or commitments of any character whatsoever relating to, or securities, rights or obligations convertible into or exercisable or exchangeable for, or giving any Person any right to subscribe for or acquire, any shares of Common Stock or the capital stock of any Subsidiary, or contracts, commitments, understandings or arrangements by which the Company or any Subsidiary is or may become bound to issue additional shares of Common Stock or Common Stock Equivalents or capital stock of any Subsidiary. The issuance and sale of the Securities will not obligate the Company or any Subsidiary to issue shares of Common Stock or other securities to any Person (other than the Purchasers) and will not result in a right of any holder of Company securities to adjust the exercise, conversion, exchange or reset price under any of such securities. There are no outstanding securities or instruments of the Company or any Subsidiary that contain any redemption or similar provisions, and there are no contracts, commitments, understandings or arrangements by which the Company or any Subsidiary is or may become bound to redeem a security of the Company or such Subsidiary. The Company does not have any stock appreciation rights or “phantom stock” plans or agreements or any similar plan or agreement. All of the outstanding shares of capital stock of the Company are duly authorized, validly issued, fully paid and nonassessable, have been issued in compliance with all federal and state securities laws, and none of such outstanding shares was issued in violation of any preemptive rights or similar rights to subscribe for or purchase securities. No further approval or authorization of any stockholder, the Board of Directors or others is required for the issuance and sale of the Securities. There are no stockholders agreements, voting agreements or other similar agreements with respect to the Company’s capital stock to which the Company is a party or, to the knowledge of the Company, between or among any of the Company’s stockholders.

assistant: Capitalization
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: underlying the entry of the guilty plea; (5) the defendant’s nature and background; (6) the degree to which the defendant has had prior experience with the criminal justice system; and (7) potential prejudice to the government if the motion to withdraw is granted. Id. (citation omitted). Upon a review of these factors, we conclude that the district court did not abuse its discretion in denying Taylor’s motion to withdraw his guilty plea. The first factor weighs against Taylor. Six months elapsed between the entry of his guilty plea and his motion to withdraw. As the district court noted, the Sixth Circuit has affirmed denials of motions to withdraw in cases involving delays far shorter than the delay in this case. See, e.g., United States v. Valdez, 362 F.3d 903, 912-13 (6th Cir.2004) (<HOLDING>); United States v. Durham, 178 F.3d 796, 798-99 Options: A. holding that a 75day delay justified the denial of a motion to withdraw B. holding that the district courts denial of motion to continue even though it required counsel to withdraw due to a scheduling conflict protected the adversarial process and the defendants substantial rights C. holding that a fivemonth delay in filing a motion to disqualify did not bar the motion where there was a reasonable explanation for the delay D. recognizing the late date of a motion to withdraw filed three weeks before trial E. holding that the presumption of prejudice must extend as well to the denial of counsel on appeal when the granting of an attorneys motion to withdraw had left the petitioner entirely without the assistance of counsel on appeal

assistant: The best answer is A. holding that a 75day delay justified the denial of a motion to withdraw
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: Employees meeting the eligibility requirements of Section 3 hereof may elect to participate in the Plan commencing on any Entry Date for the applicable Exercise Period by enrolling in the manner and/or through the website designated by the Company during the Enrollment Period. Notwithstanding the foregoing, eligible Employees who are citizens or residents of a jurisdiction may be excluded from the Plan if the grant of an option under the Plan or any offering to a citizen or resident of the jurisdiction is prohibited under the laws of such jurisdiction, or if the Committee has otherwise determined, in its sole discretion, that participation of such eligible Employee(s) is not advisable or practicable for any reason.

assistant: Participations
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 has the requisite corporate power and authority to execute and deliver each of the Transaction Documents, perform its obligations thereunder, and conduct the Offering. The execution and delivery of each of the Transaction Documents by the Company, the performance by the Company of its obligations thereunder, the transactions contemplated thereby, the Offering, and all other necessary corporate action on the part of the Company have been duly authorized by its board of directors, and no other corporate proceedings on the part of the Company are necessary to authorize each of the Transaction Documents or the Offering. Each of the Transaction Documents has been duly and validly executed and delivered by the Company and, assuming that each has been duly authorized, executed and delivered by Purchaser, each constitutes a legal, valid and binding obligation of the Company, in accordance with its terms, subject to the effects of bankruptcy, insolvency, fraudulent conveyance, reorganization, moratorium and other similar laws relating to or affecting creditors’ rights generally, general equitable principles (whether considered in a proceeding in equity or at law) and an implied covenant of good faith and fair dealing.

assistant: Authority
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: Borrowers and other Loan Parties shall execute and deliver such additional documents and take such additional action as may be reasonably requested by Administrative Agent and/or the Documentation Agent to effectuate the provisions and purposes of this Amendment No. 1.

assistant: Further Assurances
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: 8.2.2 you agree to leave the accommodation no later than the checkout time that the host specifies in the listing or such other time as mutually agreed upon between you and the host .

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: goes to voluntariness The Court: Yeah. Crook: As I understand it. Hedgepeth (counsel for State): Well, as I understand it, it does too, but that’s what I want defense counsel to say on the record that he agrees that’s the way our courts ruled that that’s correct and we do not have to have every officer that was involved in everything. ¶ 17. The State submits that these exchanges indicate Sanders’s repeated and absolute waiver of the issue of the volun-tariness of her statement and was strictly based on whether Sanders had requested the presence of a lawyer during questioning. The State responds that Sanders never put on the evidence and expressly declined to attempt to produce evidence sufficient to invoke the Agee evidentiary rule. Hogan v. State, 730 So.2d 94, 98 (Miss.Ct.App.1998) (<HOLDING>). Further, the State submits that once the Options: A. holding that agee applies only where defendant has alleged that his confession was induced by threats or promises B. holding that confession was not induced from an improper promise where competent evidence supports the trial courts finding that the interviewing officer made no promises during the interrogation C. holding that confession was involuntary where suspect was a few days short of his sixteenth birthday was questioned for at least four hours prior to his first confession and was not accompanied by counsel friends or family where defendants made no showing that petitioner acted coolly or callously during questioning or that he had past experiences with the police and where police made promises of leniency D. holding that implicit threats or promises did not render a defendants statement involuntary when a review of the circumstances reveals that the defendants independent will was not overcome so as to induce a confession that he was not otherwise disposed to malee internal quotation marks omitted E. holding that question of whether a confession was coerced was not to be resolved by considering the truth or falsity of the confession

assistant: The best answer is A. holding that agee applies only where defendant has alleged that his confession was induced by threats or promises
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 motion without prejudice and instructed the clerk to forward the motion to Abdullah's attorney. 4 . Under the actual innocence showing, a petitioner must demonstrate not only actual innocence of the gun charge but also of the more serious charges the government dismissed in exchange for the guilty plea. See Dejan, 208 F.3d at 686. Abdullah contends the dismissed drug counts were not "more serious” than the gun charge because, had he been convicted of the six dismissed drug counts, the counts would have been grouped with his conspiracy conviction under the Sentencing Guidelines and would have had less of an impact on his total sentence than the mandatory consecutive sentence he received on his § 924(c)(1) conviction. See United States v. Halter, 217 F.3d 551, 553-54 (8th Cir.2000) (<HOLDING>). 5 . The dissent suggests Abdullah’s inability Options: A. holding that when no statutory exception applies the district court lacks the authority to impose a sentence less than the statutory mandatory minimum B. holding that dismissed drug counts are not more serious if their effect on the total sentence is less than the 924c fiveyear mandatory consecutive sentence C. holding that a defendant is subject to a mandatory consecutive sentence for a 924c conviction and is not spared from that sentence by virtue of receiving a higher mandatory minimum on a different count of conviction D. holding that consecutive sentences imposed on multiplieitous counts two counts of conspiracy for one drug smuggling enterprise violated double jeopardy clause E. holding that to compare severity of sentences the proper procedure is first to disregard the sentence originally imposed on the dismissed count and then compare the total remaining sentence imposed on the remaining counts with the petitioners present position

assistant: The best answer is B. holding that dismissed drug counts are not more serious if their effect on the total sentence is less than the 924c fiveyear mandatory consecutive sentence
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: EXCEPT AS SPECIFICALLY SET FORTH IN THIS SECTION 3.2, NEITHER PARENT NOR MERGER SUB OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, SECURITYHOLDERS, AFFILIATES, MANAGERS, MEMBERS, PARTNERS, EMPLOYEES, CONSULTANTS, AGENTS, COUNSEL OR ADVISORS MAKES OR HAS MADE ANY REPRESENTATION OR WARRANTY OF ANY KIND OR NATURE WHATSOEVER, ORAL OR WRITTEN, EXPRESS OR IMPLIED, TO PARENT OR ANY OF ITS AFFILIATES OR FINANCING SOURCES. ANY REPRESENTATIONS AND WARRANTIES NOT SPECIFICALLY SET FORTH IN THIS SECTION 3.2 ARE DISCLAIMED BY THE PARENT AND MERGER SUB.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: in such event , such invalid provision shall nonetheless be enforced to the fullest extent permitted by applicable law , and you will at least agree to accept a similar effect as the invalid , unenforceable or non-binding provision , given the contents and purpose of these terms and conditions .

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 shall be binding upon, and inure to the benefit of, the parties hereto and their respective heirs, personal representatives, successors, and assigns, whether by instrument, operation of law, or otherwise. Except as expressly set forth in Section 9.7 or in this Section 10.2 , neither Ameris, on the one hand, nor the Manager and HoldCo, on the other hand, shall assign this Agreement or any part hereof, or any benefit or interest herein, without the prior written consent of the other. In the event of the incapacity or death of the Manager, his guardian, executor, or heirs shall be entitled to any funds otherwise due the Manager under this Agreement. Any attempted assignment or delegation of any rights, duties, or obligations in violation of this Section 10.2 will be invalid and without effect. For the avoidance of doubt, nothing in this Agreement shall prevent or limit the Manager or HoldCo from exercising rights under the Shareholders Agreement (including the right of the Manager to institute an Asset Transfer (as such term is defined in the Shareholders Agreement)).

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: testimony from her grandparent, the impact and trauma the sexual assault had on the victim. We have already referenced the multiple crimes committed by Bain and the testimony about their impact on those victims and their families, as well as Bain’s own admissions about his actions. Although the State addressed the impact of the sexual attack on the girl, that aspect of the testimony was not emphasized in closing argument. Under these circumstances, and after our review of the entire record, we conclude the erroneous admission of brief testimony about the impact of Bain’s actions on the child was not of such a nature as to affect the jury’s assessment of punishment. See Lindsay v. State, 102 S.W.3d 223, 229 (Tex.App.-Houston [14th Dist.], 2003, pet. filed); Boston, 965 S.W.2d at 550 (<HOLDING>). We affirm the judgment. 1 . The Texas Court Options: A. holding that the admission of a family photo was harmless error in light of the overwhelming evidence in support of the conviction B. holding although admission of victim impact testimony was error it was harmless in light of strong evidence against defendant C. holding that in light of strong evidence of guilt tainted evidence was harmless under brecht D. holding that error from the erroneous admission of evidence was harmless in light of the overwhelming evidence of the defendants guilt E. holding error in admission of evidence is harmless when it was merely cumulative to other evidence in the record

assistant: The best answer is B. holding although admission of victim impact testimony was error it was harmless in light of strong evidence against defendant
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: at 1261, 946 P.2d at 1031; Witter v. State, 112 Nev. 908, 922, 921 P.2d 886, 896 (1996), receded from on other grounds by Byford v. State, 116 Nev. 215, 994 P.2d 700 (2000). 87 See NRAP 28A; SCR 170. 88 U.S. Const. amend. VIII. 89 See Payne, 501 U.S. at 818-19 (recognizing that Booth rule prevents prosecution from introducing certain victim impact evidence). See generally Smith, 68 P.3d at 330. 90 Smith, 68 P.3d at 330. 91 See, e.g., Robison v. Maynard, 943 F.2d 1216, 1217-18 (10th Cir. 1991); Barbour v. State, 673 So. 2d 461, 468-69 (Ala. Crim. App. 1994), judgment aff’d, 673 So. 2d 473 (Ala. 1995); Greene, 37 S.W.3d at 585-86; Smith, 68 P.3d at 329-30; Ware, 759 A.2d at 783-86; Gardner, 789 P.2d at 286; Pirtle, 904 P.2d at 269. 92 Cf. McNelton, 111 Nev. at 906-07, 900 P.2d at 937-38 (<HOLDING>). 93 Lisle v. State, 113 Nev. 540, 558, 937 Options: A. holding that erroneous admission of improper and prejudicial evidence did not require reversal because the jury would have returned a verdict of guilty against the defendant even without the prejudicial testimony B. holding that admission of evidence showing murder victim was pregnant though prejudicial did not render sentencing fundamentally unfair C. holding that where there is competent evidence to support the courts findings the admission of incompetent evidence is not prejudicial D. holding that use of a coerced confession in criminal trial would be fundamentally unfair E. holding that admission of evidence must be fundamentally unfair to constitute a due process violation

assistant: The best answer is B. holding that admission of evidence showing murder victim was pregnant though prejudicial did not render sentencing fundamentally unfair
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: saving it for when new counsel began representing Lance, was appropriate, because this form of Sixth Amendment claim does not involve the potential conflict of interest inherent where a lawyer accuses himself or herself of having made unprofessional choices. See id. at 87, n. 13 (noting, but declining to address, the possibility that a trial court’s denial of expert funds might raise Sixth Amendment concerns, in addition to due process concerns, that could be considered on direct appeal); Strickland, supra, 466 U. S. at 686 (noting that there are Sixth Amendment claims regarding governmental interference with the right to counsel that are distinct from claims regarding trial counsel’s own deficient performance). Compare Glover v. State, 266 Ga. 183, 183-185 (2) (465 SE2d 659) (1996) (<HOLDING>). Having been timely raised, the claim was Options: A. holding that a claim including a constitutional claim must have been asserted to the trial court to be raised on appeal B. holding that a claim alleging that trial counsel himself or herself acted outside of the bounds of professional competence must be raised at the earliest practicable moment C. holding that the defense of lack of venue must be made at the earliest opportunity to plead or it is waived D. recognizing claim of ineffective assistance of trial counsel usually must be raised in collateral proceeding E. holding that a disqualification motion must be sought at the earliest possible moment after obtaining knowledge of facts demonstrating the basis for such a claim

assistant: The best answer is B. holding that a claim alleging that trial counsel himself or herself acted outside of the bounds of professional competence must be raised at the earliest practicable moment
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 obligations of the Company or its successor to pay any Severance Payments required hereunder subsequent to the termination of this Agreement and the obligations of Executive under Sections 5, 6, and 7 hereof, and all subparts thereof, shall survive the termination of this Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: chain based on the activities of affiliated reservations service); Gelfand v. Tanner Motor Tours, Ltd., 385 F.2d 116, 120-21 (2d Cir.1967) (applying Frummer to find jurisdiction over tour operator based on the activities of affiliated travel agent). To come within the rule, a plaintiff need demonstrate neither a formal agency agreement, see, e.g., New York Marine Managers, Inc. v. M.V. “Topor-1”, 716 F.Supp. 783, 785 (S.D.N.Y.1989), nor that the defendant exercised direct control over its putative agent, see, e.g., Palmieri v. Estefan, 793 F.Supp. 1182, 1194 (S.D.N.Y.1992). The agent must be primarily employed by the defendant and not engaged in similar services for other clients. See, e.g., Miller v. Surf Properties, Inc., 4. N.Y.2d 475, 481, 176 N.Y.S.2d 318, 151 N.E.2d 874 (1958) (<HOLDING>). Both Magistrate Judge Pitman and Judge Wood Options: A. holding that independent contractors with many clients are not considered agents of their individual clients for jurisdictional purposes B. holding immunity from liability is not jurisdictional C. holding that wrongful or improper purpose must be shown for jurisdictional purposes D. holding that regulatory requirements are not jurisdictional in nature E. holding that statutes of limitations are considered substantive matters for purposes of the erie doctrine

assistant: The best answer is A. holding that independent contractors with many clients are not considered agents of their individual clients for jurisdictional purposes
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: No failure or delay on the part of an Agent or any Lender in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Borrower or any other Credit Party and an Agent or any Lender shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights, powers and remedies herein or in any other Credit Document expressly provided are cumulative and not exclusive of any rights, powers or remedies which an Agent or any Lender would otherwise have. No notice to or demand on any Credit Party in any case shall entitle any Credit Party to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of an Agent or any Lender to any other or further action in any circumstances without notice or demand.

assistant: No Waivers
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: while testifying.” Id. at 603. The trial court denied the defendant’s motion for mistrial ubject of expert testimony where a law enforcement agent’s opinion is based on specialized knowledge derived from training or experience and beyond the understanding or experience of the average juror. See § 90.702, Fla. Stat. (2010) (allowing expert testimony on evidence at trial “[i]f scientific, technical, or other specialized knowledge will assist the trier of fact in understanding the evidence or in determining a fact in issue”); United States v. Hankey, 203 F.3d 1160, 1167-69 (9th Cir.2000) (involving the testimony of a law enforcement expert who opined, in part, that “gangs enforce a code of silence among their members”); People v. Martinez, 113 Cal.App.4th 400, 7 Cal.Rptr.3d 49, 59 (2003) (<HOLDING>); Edge v. State, 275 Ga. 311, 567 S.E.2d 1, 3 Options: A. holding that a gang expert could testify on what it meant to be a rat in gang culture because it was relevant to help understand discrepancies between some of the wit nesses statements to the police and their testimony at trial B. holding that an expert in the field of gangs and gang codes of behavior including the requirements of members obedience silence and staunch defense of other gang members and the punishment meted out to a gang member who violates these requirements could testify because these were factual matters outside the experience of the average juror C. holding that active participation in a criminal street gang means that there is a relationship between the defendant and the gang that is more than nominal passive inactive or purely technical and that defendant must devote all or a substantial part of his time and efforts to the gang D. holding that expert testimony from a detective about the reluctance of witnesses residents of gang neighborhoods to testify in cases involving gang activity is relevant to the credibility of a witness E. holding that experts testimony as to aspects of gang culture relevant to the case including requirements of members obedience silence and staunch defense of other gang members and the punishment meted out to a gang member who violates these requirements went to factual matters outside the experience of the average juror

assistant: The best answer is A. holding that a gang expert could testify on what it meant to be a rat in gang culture because it was relevant to help understand discrepancies between some of the wit nesses statements to the police and their testimony at trial
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: No Loan Party will request any Borrowing, and no Loan Party shall use, and each Loan Party shall procure that its Subsidiaries and its or their respective directors, officers, employees and agents shall not use, the proceeds of any Borrowing, or lend, contribute or otherwise make available such proceeds to any Person (A) in furtherance of an offer, payment, promise to pay, or authorization of the payment or giving of money, or anything else of value, to any Person in violation of any Anti-Corruption Laws, (B) for the purpose of funding, financing or facilitating any activities, business or transaction of or with any Sanctioned Person, or in any Sanctioned Country, or (C) in any manner that would result in the violation of any Sanctions applicable to any party hereto.

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 trust shall not terminate, and all rights, titles, powers, duties, discretions and immunities imposed on or reserved to the trustee, the administrator, the grantor and the beneficiaries shall continue in effect, until all assets of the trust have been distributed by the trustee as provided in Article II.

assistant: Terminations
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: reported that he suffers from bi-polar disorder. The ALJ’s failure to recognize that Plaintiff suffers from such is not supported by substantial evidence. Plaintiffs care providers have consistently reported that Plaintiff experiences mood swings, hallucinations, and thought disorders, as well as an inability to sustain concentration or focus for any significant period of time. Plaintiffs GAF score has consistently been rated as ranging from 40-48, consistent with “serious” to “major” impairment in the ability to function. The ALJ’s RFC determination is utterly inconsistent with the findings and opinions of Plaintiffs treating physicians and other evidence of record. In support of his decision, the ALJ ident tion Annual Review — -vol. 6 112 (American Psychiatric Pub., Inc.1987) (<HOLDING>); Herbert Wagemaker, M.D. and Ann Buchholz, Options: A. recognizing that noncompliance with treatment is the major clinical problem encountered by most clinicians who treat manicdepressive patients B. holding that doctor who was contacted by patients treating physician to discuss treatment alternatives does not owe duty of care to patient whose case is discussed such as would support medical malpractice claim C. holding a physician plaintiff did not have a property interest in his clinical access privileges D. holding that a tortfeasor is required to pay the expenses of over treatment or unnecessary medical treatment unless such treatment was incurred by the victim in bad faith E. holding that psychiatrist has duty to third parties to exercise due care in treatment and release of committed patients

assistant: The best answer is A. recognizing that noncompliance with treatment is the major clinical problem encountered by most clinicians who treat manicdepressive patients
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Each of Landlord and Tenant represents and warrants to the other that it has had no dealings with any broker or agent in connection with the negotiation or execution of this First Amendment other than Broker, Tenant’s agent, and each party agrees to indemnify the other against all costs, expenses, attorneys’ fees or other liability for commissions or other compensation or charges claimed by any other broker or agent claiming the same by, through or under such other party. All leasing commissions payable to Broker as a result of this First Amendment shall be paid by Landlord pursuant to a separate agreement.

assistant: Brokers
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 audited and unaudited financial statements delivered pursuant to Section 6.1(e)(i) and (e)(ii) and Sections 8.1(a) and (b) , fairly present in all material respects on a Consolidated basis the assets, liabilities and financial position of (a) in the case of Section 6.1(e)(i) , the Borrower and its Subsidiaries (other than Aesynt and its Subsidiaries), (b) in the case of Section 6.1(e)(ii) , Aesynt and its Subsidiaries and (c) in the case of Sections 8.01(a) and (b) , the Borrower and its Subsidiaries, in each case as at such dates, and the results of the operations and changes of financial position for the periods then ended (other than customary year-end adjustments for unaudited financial statements and the absence of footnotes from unaudited financial statements). All such financial statements, including the related schedules and notes thereto, have been prepared in accordance with GAAP. Such financial statements show all material indebtedness and other material liabilities, direct or contingent, of the Borrower and its Subsidiaries as of the date thereof, including material liabilities for taxes, material commitments, and Indebtedness, in each case, to the extent required to be disclosed under GAAP. The pro forma financial statements delivered pursuant to Section 6.1(e)(iii) and the projections delivered pursuant to Section 6.1(e)(iv) and Section 8.1(c) were prepared in good faith on the basis of the assumptions stated therein, which assumptions are believed to be reasonable in light of then existing conditions (it being recognized by the Lenders that such projections are not to be viewed as facts and that the actual results during the period or periods covered by such projections may vary from such projections and that such differences may be material and that such projections are not a guarantee of financial performance).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. A copy of an executed counterpart that is delivered electronically as a PDF attachment to an email or by facsimile shall be deemed to be an original signed counterpart.

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: the CGL policy. Moreover, Ribi contends that Travelers’s declaratory judgment action forced the District Court to consider two issues of first impression and such legal uncertainty on its own gives rise to a duty to defend. ¶40 We apply the “four-corners” rule as the policy’s language determines an insurer’s duty to defend its insured. City of Bozeman v. AIU Insurance Co. (1993), 262 Mont. 370, 377, 865 P.2d 268, 272 (“a liability insurer has no duty to defend an action against its insured when the claim or complaint clearly falls outside the scope of the policy’s coverage”). The acts giving rise to the claim form the basis for coverage, not any legal theories contained in the underlying complaint. See New Hampshire Ins. Group v. Strecker (1990), 244 Mont. 478, 481, 798 P.2d 130, 132 (<HOLDING>). Simply put, if the asserted claim is not Options: A. holding that a negligent retention claim was properly dismissed when there was no underlying tort upon which it could have been based B. holding that the proper focus when determining the starting point of the limitations period is upon the time of the discriminatory acts not upon the time at which the consequences of the acts became most painful C. holding tort of negligence must be based upon duty other that one imposed by contract D. holding that coverage could not be premised upon theories of negligence in the underlying complaint where based upon numerous acts of molestation that could not be deemed negligent acts E. holding that mother could not be charged with criminal endangering the welfare of her child based upon prenatal acts of smoking cocaine

assistant: The best answer is D. holding that coverage could not be premised upon theories of negligence in the underlying complaint where based upon numerous acts of molestation that could not be deemed negligent acts
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 principal of this Note shall be due and payable in accordance with the schedule set forth on Appendix A , in the column entitled “Distributions to Selling Shareholders”. The entire outstanding principal balance of this Note shall be due and payable no later than twelve (12) months following the date of this Note (plus the cure period set forth in this Note). All payments hereunder shall be payable in lawful money of the United States of America which shall be legal tender for public and private debts at the time of payments.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: fair, efficient, and effective procedures. Departures from established principles of due process have frequently resulted not in enlightened procedure, but in arbitrariness.” Id. at 18-19. {¶ 57} After today, in Ohio, an alleged juvenile offender will once again be subject to mandatory transfer out of juvenile court to face an adult criminal conviction on a mere showing of probable cause to believe that the child committed the offense charged, regardless of whether the child is amenable to rehabilitation and treatment in the juvenile-justice system. To deprive a child of his or her liberty with such limited procedure falls short of the “procedural regularity and exercise of care implied in the phrase ‘due process.’ ” Id. at 27-28. {¶ 58} A ma 1 S.Ct. 2394, 180 L.Ed.2d 310 (2011) (<HOLDING>); Roper v. Simmons, 543 U.S. 551, 570-571, 125 Options: A. holding that the admission of a statement obtained in violation of miranda v arizona 384 us 436 86 sct 1602 16 led2d 694 1966 resulted in harmless error because the defendant repeated the substance of the statement in a later admissible statement B. holding miranda inapplicable because defendant not in custody C. holding that police must consider the age of a juvenile suspect when determining whether the juvenile is in custody for purposes of miranda warnings see miranda v arizona 384 us 436 86 sct 1602 16 led2d 694 1966 D. holding that because the fifth amendment protects against the use of coerced statements at trial not mere compulsion a violation of the requirements set forth in miranda v arizona 384 us 436 86 sct 1602 16 led2d 694 1966 did not give rise to a 1983 claim E. recognizing miranda v arizona 384 us 436 468 86 sct 1602 1624 16 led2d 694 1966

assistant: The best answer is C. holding that police must consider the age of a juvenile suspect when determining whether the juvenile is in custody for purposes of miranda warnings see miranda v arizona 384 us 436 86 sct 1602 16 led2d 694 1966
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 Agreement shall be deemed severable, and the invalidity or unenforceability of any one or more of the provisions hereof shall not affect the validity or enforceability of any other provision. In the event any clause of this Agreement is deemed to be invalid, the parties shall endeavor to modify that clause in a manner which carries out the intent of the parties in executing this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall be binding upon the Executive and on the Bank, its successors and assigns effective on the date first above written subject to the approval by the Board of Directors of the Bank. The Bank will require any successor to all or substantially all of the business and/or assets of the Bank to assume expressly and agree to perform this Agreement in the same manner and to the same extent that the Bank would be required to perform it if no such succession had taken place.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Committee shall have the authority, at or before the time of grant of any Award, to designate such Award as a Performance Compensation Award intended to qualify as “performance-based compensation” under Section 162(m) of the Code. Notwithstanding anything in the Plan to the contrary, if the Company determines that a Participant who has been granted an Award designated as a Performance Compensation Award is not (or is no longer) a “covered employee” (within the meaning of Section 162(m) of the Code), the terms and conditions of such Award may be modified without regard to any restrictions or limitations set forth in this Section 12 (but subject otherwise to the provisions of Section 14 of the Plan). Performance Compensation Awards (including, without limitation, Cash Based Incentive Awards) may be settled in cash, shares of Common Stock, Restricted Stock and/or Restricted Stock Units.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: appear in the deed or conveyance; provided, that there shall not appear of record at the time of recording of such deed or conveyance, a declaration of trust by the grantee so described declaring the purposes of such trust, if any, declaring that the real estate is held other than for the benefit of the grantee. The purpose of section 689.07 is to protect persons who rely upon the public land records to ascertain title to real property when a beneficiary’s interest is not disclosed in the grantor/grantee index by either the deed transferring title or a recorded declaration of trust. In re Schiavone, 209 B.R. 751 (Bkrtcy.S.D.Fla.1997). The statute prevents “secret trusts” that impede the exchange of marketable title by vesting both the legal and beneficial-interest in the truste 1982) (<HOLDING>). AGREEMENT VOID AB INITIO Under Hensel v. Options: A. holding that nonsignatory settlor and trust beneficiaries could be compelled to arbitrate under account agreement between trustee and merrill lynch which contained an arbitration clause because agreement was the underlying basis for all the claims of the beneficiaries and there would have been no claims without the agreement B. holding that where the grantee a named corporation did not exist at the time of the purported conveyance and was not capable of taking title title to real estate did not pass and no real estate transfer tax was owed C. holding that where grantee was named as trustee without identification of the beneficiaries or the nature and purposes of the trust and no trust agreement of record was identified the grantee received fee simple title D. holding that trial court correctly applied section 689071 to find that grantee who held title as trustee owned property in fee simple absolute E. holding that trust beneficiaries have no authority to maintain an action as third party beneficiaries of contracts between the trustee and agents of the trustee concerning the internal affairs of the trust

assistant: The best answer is C. holding that where grantee was named as trustee without identification of the beneficiaries or the nature and purposes of the trust and no trust agreement of record was identified the grantee received fee simple title