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: Claims Court, there is no jurisdiction, period, even if the conflicting claim is no longer pending ...” (emphasis added)); cf. Nat’l Ass’n of Home Builders v. Defenders of Wildlife, 551 U.S. 644, 661-62, 127 S.Ct. 2518, 168 L.Ed.2d 467 (2007) (collecting cases that note Congress’s use of “shall” indicates a mandatory requirement void of judicial discretion). The predecessor statute confirms that § 1500 bars jurisdiction over a Claims Court action initiated during the prohibited period. That statute (which has changed in phraseology only) states that “no person shall file ... any claim ... for or in respect to which he ... has pending any suit or process in any other court.” Act of Mar. 3, 1911, ch. 231, § 154, 36 Stat. 1138 (emphasis added); see Keene, 508 U.S. at 209, 113 S.Ct. 2035 (<HOLDING>). Together, the plain language of the statute Options: A. holding amending of shall file or prosecute to shall not have jurisdiction was not substantive B. holding that where a trial court directs a defendant to file a concise statement pursuant to parap 1925 any issues not raised in that statement shall be waived C. holding that upon the request of the losing party on a motion to suppress evidence the trial court shall state its essential findings D. holding that the workmens compensation act section 834 which states that neither the board nor the referee shall be bound by the common law or statutory rules of evidence in conducting a hearing or investigation but all findings of fact shall be based upon sufficient competent evidence permits an informationgathering process which favors admitting all offered evidence into the record E. holding that a notice of appeal which is prematurely filed shall not be subject to dismissal but rather the notice shall exist in a state of limbo until judgment is rendered at which time the notice of appeal shall mature and shall vest jurisdiction in the appellate court

assistant: The best answer is A. holding amending of shall file or prosecute to shall not have jurisdiction was not substantive
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: should not interfere with Congress’s objective of providing affordable flood insurance to the public.”). Here, the complaint is not about the interpretation of a flood insurance policy, but the procurement of one. The denial of coverage for Star Spa came not because the claim did not qualify under the policy, but because there was no policy under which plaintiffs could make a claim. In that case, the reasons for preempting state law — to give effect to the supremacy of federal law enshrined in the Constitution and allow the efficient operation of a federally designed nationwide regulatory scheme — are not applicable. No flood control policy was in place here, and there thus exists no reason to use federal law to interpret the policy. See, e.g., Padalino, 2008 WL 4630585 at *6 (<HOLDING>). If plaintiffs did not actually have a flood Options: A. holding that insurance company could sue in insureds name following assignment of insureds interest against tortfeasor B. holding that defendant insurance company could not be held liable in negligence to a plaintiff for failure to disclose the insureds medical condition where defendant insurance company had not assumed a professional and expert position with respect to the insureds physical condition C. holding that without a sfip the nfip does not apply and the nfia cannot extend to the relationship between the insurance company and their insureds D. holding that mccarranferguson act does not apply to arizona laws regulating relationship between insurance companies and their shareholders E. holding that the special relationship exception does not apply to the relationship between a student and a school

assistant: The best answer is C. holding that without a sfip the nfip does not apply and the nfia cannot extend to the relationship between the insurance company and their insureds
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: to oppose Defendants’ Motion pursuant to Klingele v. Eikenberry, 849 F.2d 409 (9th Cir.1988) and Rand v. Rowland, 154 F.3d 952 (9th Cir.1998) (en banc). Plaintiff filed his Opposition on July 24, 2009 [Doc. No. 113]. The Court also granted Defendants’ request to file a supplement to their Motion in light of the Ninth Circuit’s recently published opinion in Norwood v. Vance, 572 F.3d 626 (9th Cir.2009). See July 14, 2009 Order at 1. Because Defendants were permitted to supplement their Motion, the Court permitted Plaintiff to file a Supplemental Opposition [Doc. No. 117], Defendants filed their Reply on August 13, 2009 [Doc. No. 113]. In addition, Plaintiffs First Amended Complaint is verified under penalty of perjury. See Schroeder v. McDonald, 55 F.3d 454, 460 (9th Cir.1995) (<HOLDING>). Having now exercised its discretion to Options: A. holding that a complaint or motion duly verified under penalty of perjury pursuant to 28 usc 1746 may be used as an opposing affidavit under fedrcivp 56 B. holding that a questionnaire may be used to assist the court in determining whether cases should be dismissed under 28 usc 1915 C. holding that a court must convert a motion to dismiss to a motion for summary judgment under fedrcivp 56 only when the jurisdictional question intertwines with the merits of the case D. holding that under the fsia personal jurisdiction depends upon the district court finding subject matter jurisdiction under 28 usc 1330a and proper service under 28 usc 1608 E. holding unsworn declaration as opposed to an affidavit sworn to before a notary public admissible to prove serious injury under 28 usc 1746

assistant: The best answer is A. holding that a complaint or motion duly verified under penalty of perjury pursuant to 28 usc 1746 may be used as an opposing affidavit under fedrcivp 56
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: hindsight, uncorrectable events or decisions made by Officer Greff, but rather to evaluate the reasonableness of the immediate decision to enter the intersection, against the traffic light, without bringing his vehicle to a complete stop. As Judge Harrell stated in McGriff, the Court of Appeals “has considered police procedures and guidelines in determining whether police activity was reasonable under given circumstances.” McGriff, 361 Md. at 504, 762 A.2d 48 (Harrell, J., dissenting). See Williams v. Mayor & City Council of Baltimore, 359 Md. 101, 753 A.2d 41 (2000)(Determining, in a simple negligence action, whether the police officer violated Article 27, Section 798 and Baltimore City Police Department General Order 10-93); State v. Albrecht, 336 Md. 475, 502-05, 649 A.2d 336 (1994)(<HOLDING>); see also Boyer v. State, 323 Md. 558, 590-91, Options: A. holding officers 60 hours of training at two different police departments that he had read a book on the subject and that the methods used in interpretation of bloodstains were of the type relied upon by experts in the field was sufficient B. holding the evidence supported the police officers failure to follow the directives in the montgomery county police departments field operations manual C. holding in virginia county police officers 1983 action against ms department and various county officials that the departments violation of the law enforcement officers procedural guarantees does not necessarily compel a finding of a due process violation D. holding that fire departments are analogous to police departments in this respect E. holding a county police civil service board violated officers due process rights by failing to follow its own procedures in their termination proceedings

assistant: The best answer is B. holding the evidence supported the police officers failure to follow the directives in the montgomery county police departments field operations manual
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 Borrower's and Approved Music Venue's knowledge, (i) there are no actions, suits, proceedings, arbitrations or governmental investigations by or before any Governmental Authority or other court or agency now filed or otherwise pending and (ii) there are no such actions, suits, proceedings, arbitrations or governmental investigations threatened against or affecting any Required SPE, Sponsor or the Collateral, in each case, except as listed in the Exception Report (and none of the matters listed in the Exception Report, even if determined against a Required SPE or the Collateral, would reasonably be expected to have a Material Adverse Effect).

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: into two distinct inquiries because each question is intertwined with and dependent upon the other. Clause 2 of Article 134, Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 934 (2002), states that “all conduct of a nature to bring discredit upon the armed forces,” though not specifically criminalized by another UCMJ Article, “shall be taken cognizance of by a ... court-martial ... and shall be punished at the discretion of that court.” Thus, in contrast to most criminal statutes that speak in terms of prohibited acts, clause 2 of Article 134 speaks in general terms of acts which create a prohibited effect. Nonetheless, Article 134 is not void for vagueness under the Due Process Clause of the Fifth Amendment. Parker v. Levy, 417 U.S. 733, 94 S.Ct. 2547, 41 L.Ed.2d 439 (1974) (<HOLDING>). Thus, the question in this case is whether Options: A. holding that an insurance contract should be construed as a reasonable person in the position of the insured would have understood it and that if the language used in the policy is reasonably susceptible to different constructions it must be given the construction most favorable to the insured B. holding that contract language is ambiguous where it is in fact reasonably or fairly susceptible to the different constructions being advocated by the parties C. recognizing that the reasonableness of an agencys interpretation turns in part on the constructions fit with the statutory language D. holding that consideration for a contract as a whole covers the arbitration clause E. holding judicial constructions of article 134 have narrowed the reach of its broad language and supplied examples of the conduct it covers

assistant: The best answer is E. holding judicial constructions of article 134 have narrowed the reach of its broad language and supplied examples of the conduct it covers
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: but was unable to produce a driver’s license. During this exchange, Detective Hall detected the odor of marijuana coming from the car. A subsequent computer check revealed that Clayborn’s license was suspended. Clayborn was then arrested for driving with a suspended license and a search of the car was performed due to the arrest and smell of marijuana. This search revealed a loaded 9 mm. pistol between the front seats of the car. Because Clayborn was the sole occupant of the vehicle, University City Police Department Policy required the car to be impounded. Pursuant to this policy, a further search of Clay-born’s vehicle, including the trunk, was conducted. This search uncovered several packages of marijuana and live rounds of ammunition. Clayborn cont t. 738, 93 L.Ed.2d 739 (1987) (<HOLDING>). Therefore, Detective Hall’s actions did not 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. holding that it is reasonable to allow a parole officer to conduct a search whenever he reasonably believes that is necessary to perform his duties as long as the search is based on specific facts C. holding that officer had reasonable suspicion to stop a vehicle when confidential informant personally observed the vehicle provided a description of the vehicle and its direction detailed the basis for her suspicion that the vehicle was engaged in illegal activity and had previously given reliable information that led to the successful apprehension of individuals engaged in various criminal activity D. holding that police are authorized to conduct a search of the entire vehicle after it is impounded as long as standardized procedures are followed and there was a purpose for the investigation other than suspicion of criminal activity E. holding that when an officer has reasonable suspicion that a probationer who is already subject to a search condition pursuant to his probation agreement is engaged in criminal activity then there is enough likelihood that criminal conduct is occurring that an intrusion on the probationers privacy interests is reasonable

assistant: The best answer is D. holding that police are authorized to conduct a search of the entire vehicle after it is impounded as long as standardized procedures are followed and there was a purpose for the investigation other than suspicion of criminal activity
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 of twenty (20) business days per year in accordance with the Company’s vacation policy, with the timing and duration of specific days off mutually and reasonably agreed to by the parties hereto.

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 case excerpt and choose the best holding from the options. Case excerpt: of this breach of contract claim. See Edwards, 178 F.3d at 241 n. 6. Next, the Joneses dispute the district court’s dismissal of their third claim, breach of the implied covenant of good faith and fair dealing under the Uniform Commercial Code (“UCC”), as adopted by Virginia, which they based on Defendant’s alleged breaches of contract discussed supra. The Joneses’ claim fails as a matter of law for two reasons. First, the UCC does not apply to transfers of real property. Greenwood Assocs., Inc. v. Crestar Bank, 248 Va. 265, 448 S.E.2d 399, 402 (1994). Second, even if the deed of trust falls under the UCC as the Joneses argue, their claim fails because it was pled as a separate tort claim. See Charles E. Brauer Co. v. NationsBank of Va. N.A., 251 Va. 28, 466 S.E.2d 382, 385 (1996) (<HOLDING>). Finally, the Joneses contend that the Options: A. holding that where the conduct forming the basis of the plaintiffs breach of duty of good faith and fair dealing claim is the same conduct forming the basis for the breach of contract claim the claims merge and there is no separate cause of action for breach of duty of good faith and fair dealing B. holding that a cause of action for breach of contract accrues at the time of the breach C. holding that the failure to act in good faith does not amount to an independent tort the breach of the implied duty under the ucc gives rise only to a cause of action for breach of contract D. recognizing that breach of contract cause of action accrues at time of the breach E. holding that breach of good faith and fair dealing claim requires showing of breach of contract

assistant: The best answer is C. holding that the failure to act in good faith does not amount to an independent tort the breach of the implied duty under the ucc gives rise only to a cause of action for breach of contract
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: necessary if contract formed under § 2-207(1)). Section 2-207(2) provides: [t]he additional terms are to be construed as proposals for addition to the contract. Between merchants such terms become part of the contract unless: (a) the offer expressly limits acceptance to the terms of the offer; (b) they materially alter it; or (c) notification of objection to them has already been given or is given within a reasonable time after notice of them is received. However, because the parties did not form a contract under § 2-207(1), we need not address Christy's arguments as to the applicability of § 2-207(2). 4 . Courts and commentators have read § 2-207(3)'s reference to “supplementary terms” differently. Compare Dresser Indus., Inc. v. Gradall Co., 965 F.2d 1442, 1451 (7th Cir.1992) (<HOLDING>); 2 W. Hawkland, Uniform Commercial Code Series Options: A. holding that all of the uccs provisions should be used in discerning the terms of a contract under 22073 including those provisions that allow us to examine the parties performance B. holding that contracts should be interpreted to give effect to all provisions C. holding that the hearing provisions of the ina supersede the provisions of the apa D. holding that construction that neutralizes any provision of a contract should not be adopted if the contract can be construed to give effect to all provisions E. holding that a contract should be read to give reasonable meaning to all provisions of that contract

assistant: The best answer is A. holding that all of the uccs provisions should be used in discerning the terms of a contract under 22073 including those provisions that allow us to examine the parties performance
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 not, and will not permit any Subsidiary to, use any Loan or Letter of Credit or the proceeds therefrom for any purpose that would violate the Foreign Corrupt Practices Act of 1977, the UK Bribery Act 2010 and any similar anti-corruption legislation or laws in any other jurisdiction.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: binding United States law and applicable to the case was considered by the Court in Puerto Rico, and it concluded that “[mjatters of pollution by foreign vessels within the territorial sea of the United States are governed by UNCLOS. Although the treaty arising from the convention is currently pending ratification before the Senate, it nevertheless carries the weight of law from the date of its submission by the President to the Senate.” United States v. Royal Caribbean Cruises Ltd., et al., — F.Supp. - [1997 WL 1045726] (D.P.R. Sept 19, 1997) (citing Article 19 of the Vienna Convention on the Law of Treaties). The issue was briefed and resolved by the Court’s opinion, and thus was actually litigated. See, e.g., Bush v. Balfour Beatty Bahamas, Ltd., 62 F.3d 1319, 1323 (11th Cir.1995) (<HOLDING>). However, the third prong of the collateral Options: A. holding that burden was on nonmoving party to show issue was not litigated where moving party presented supreme court opinion showing issue had been litigated B. holding that burden was on nonmoving party to show issue was not litigated where moving party presented arbitrators order showing issue had been litigated C. holding that a party had failed to preserve an argument for appellate review when that party had failed to argue the issue to the trial court either at trial or in his postjudgment motion D. holding that fully litigated requires both that the issue was effectively raised in the prior action either through pleadings or development of evidence and argument at trial or on motion and that the losing party have had a fair opportunity pro cedurally substantively and evidentially to contest the issue E. holding that trial by consent requires that the parties actually recognize the issue to have been litigated

assistant: The best answer is D. holding that fully litigated requires both that the issue was effectively raised in the prior action either through pleadings or development of evidence and argument at trial or on motion and that the losing party have had a fair opportunity pro cedurally substantively and evidentially to contest the issue
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: was 12% per annum, or .03288% per day. , To calculate interest, each missed payment is treated as a separate final judgment, with interest equal to .03288% multiplied by the amount of the missed payment multiplied by the number of days from the date due until the date of payment.. The sum- of the missed payments plus interest equals the total amount due. To favor McGlaughlin, this decision deems the adjustment of $178 that the Florida Court made on August 27, 2013, as reflecting a partial payment made by Bennie on August 1, 1986. In accordance with Florida law, the payment that Bennie actually made on November 12, 1986, will be credited first to reduce interest'outstanding as of that date and second to reduce principal. See Vitt v. Rodriguez, 960 So.2d 47, 49 (Fla.Dist.Ct.App.2007) (<HOLDING>). , ' Although the interest calculation has Options: A. holding that an outofwedlock childs pending claim for retroactive child support was nondischargeable in bankruptcy because a debt for child support arises upon the birth of the child and that the fact that no court had yet ordered the debtor to support the child does not take the debt outside the scope of 11 usc 523a5 B. holding that where payments are made on past due support they must first be applied to current child support installments due then to accrued and outstanding interest on delinquent child support obligations and finally to the principal amount due on unpaid child support C. holding that it was error for the trial court to determine the issue of child support without a child support guidelines worksheet D. holding that child support should have been made retroactive E. holding that parents may not voluntarily terminate their rights in a child to avoid child support payments or contract away a child support obligation

assistant: The best answer is B. holding that where payments are made on past due support they must first be applied to current child support installments due then to accrued and outstanding interest on delinquent child support obligations and finally to the principal amount due on unpaid child support
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: fact that the oil traversed part of Transocean’s vessel before entering the Gulf of Mexico. We recognize that the aforementioned incidents involved blameless third parties, whereas here the owner or operator of the Deepwater Horizon might have contributed to the discharge. By all accounts, if the vessel’s blowout preventer had functioned properly, the oil would not have entered navigable waters in violation of the Clean Water Act. The defendants therefore reason that liability is properly imposed upon the owner or operator of the Deepwater Horizon. Yet it is well estab lished that this section of the Clean Water Act leaves no room for civil-penalty defendants to shift liability via allegations of third-party fault. See United States v. Tex-Tow, Inc., 589 F.2d 1310, 1314 (7th Cir.1978) (<HOLDING>). Early in the implementation of the Act’s Options: A. holding defendant assumed risk that third party would consent to search of storage locker where defendant instructed third party to rent locker under third partys name and allowed third party to keep possession of lease papers and to occasionally retain the keys B. holding exculpatory statements by a third party should have been admitted in the punishment phase notwithstanding the hearsay rule C. holding principal liable to third party for tort of agent despite lack of privity between principal and third party D. holding that a third party has authority to consent to a search if the third party is a coinhabitant E. holding defendant liable for penalty notwithstanding fault of a third party

assistant: The best answer is E. holding defendant liable for penalty notwithstanding fault of a third party
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: Within three (3) Business Days after the Initial Termination Date (the “ Release Date ”), the Escrow Agent shall release from escrow to the Indemnifying Parties an amount equal to their Pro Rata Percentage multiplied by the Available Escrow Fund. The “ Available Escrow Fund ” shall be determined by deducting from the Escrow Fund, all amounts paid to Acquiror for indemnification pursuant to this Section 7 and all amounts to be held in the Escrow Fund beyond the end of the Escrow Period pursuant to Section 7.3(a). After the initial release of the Available Escrow Fund, the Escrow Fund shall be recalculated each time a portion of the Escrow Fund is released to the Indemnifying Parties taking into consideration all amounts paid to Acquiror for indemnification pursuant to this Section 7, all amounts to be continued to be held in the Escrow Fund and all amounts previously paid to the Indemnifying Parties. Any portion of the Escrow Fund held as a result of Section 7.3(a) shall be released to the Indemnifying Parties or released to Acquiror (as appropriate) promptly upon resolution of each specific indemnification claim involved.

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: All representations and warranties set forth in the other Credit Documents were true and correct in all material respects at the time as of which such representations and warranties were made (or deemed made) and shall be true and correct in all material respects as of the Effective Date as if such representations or warranties were made on and as of such date (it being understood and agreed that (x) any representations and warranties stated to relate to a specific earlier date shall have been true and correct in all material respects as of such earlier date and (y) any representations and warranties qualified as to “materiality” or “Material Adverse Effect” shall be true and correct in all respects at such time).

assistant: Representations
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 (i) as disclosed in the SEC Reports and (ii) Riviera Finance of Texas, Inc. v. Samson Oil & Gas USA, Inc., no. 1:18-cv-00316, U.S.D.C., D. Colorado, (filed February 8, 2018)(seeking $100,271.00 plus costs, fees and punitive damages for unpaid invoices of Spydr Oilfield Services, LLC for unauthorized roustabout services) (the “ Riviera Litigation ”), there is no Proceeding pending or, to the knowledge of the Company, threatened against or affecting the Company, any Subsidiary or any of their respective properties before or by any court, arbitrator, governmental or administrative agency or regulatory authority (federal, state, county, local or foreign) which (i) adversely affects or challenges the legality, validity or enforceability of any of the Transaction Documents or the Securities or (ii) is reasonably expected by the Company to result in a Material Adverse Effect. Except as disclosed in the SEC Reports, neither the Company nor any Subsidiary, nor any director or officer thereof, is or has been the subject of any Proceeding involving a claim of violation of or liability under federal or state securities laws.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be signed in counterparts, both of which shall be deemed an original, but both of which, taken together shall constitute the same instrument. A signature made on a faxed or electronically mailed copy of the Agreement or a signature transmitted by facsimile or electronic mail shall have the same effect as the original signature. The section headings used in this Agreement are intended solely for convenience of reference and shall not in any manner amplify, limit, modify or otherwise be used in the interpretation of any of the provisions hereof. This Agreement shall be binding upon and inure to the benefit of the parties and their respective personal representatives, agents, attorneys, executors, administrators, heirs, successors and assigns.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: presence of criminal activity at Pruett’s residence, but we nonetheless conclude that the executing officers did not act entirely without reason in relying on the magistrate’s determination that evidence of &■ crime would be found in the residence. Although our Circuit has not adopted a per se rule that evidence of a defendant’s drug trafficking establishes an inference that further evidence of drug trafficking will be found in the defendant’s residence, we have held that in applying the Leon exception, such evidence of a defendant’s drug trafficking indicated that officers acted reasonably in relying on a search warrant issued for the defendant’s residence. See United States v. Ross, 487 F.3d 1120, 1123 (8th Cir.2007); see also United States v. Marion, 238 F.3d 965, 969 (8th Cir.2001) (<HOLDING>). In addition, Pruett attacks the warrant Options: A. holding that the warrant application at issue did not specifically mention the presence of criminal activity at defendants residence but that the executing officers reasonably relied on warrant B. holding that executing officers reasonably relied on judges determination that there was probable cause to search motel room for evidence of drug activity even though search warrant affidavit failed to mention a connection between motel room and criminal activity C. holding that a defendants prior conviction for possession of a controlled substance and felon in possession of a firearm helped support probable cause to search his motel room for evidence of burglary D. holding warrantless search of motel room after occupant was arrested outside room for drug possession could not be justified as search incident to arrest absent other exigent circumstances E. holding that the warrant application at issue did not specifically mention the presence of criminal activity at defendants residence but that the executing officers reasonably relied on the warrant

assistant: The best answer is B. holding that executing officers reasonably relied on judges determination that there was probable cause to search motel room for evidence of drug activity even though search warrant affidavit failed to mention a connection between motel room and criminal activity
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: with respect to content made available by headspace through the products that is specifically identified as available for distribution by you ( `` distribution content '' ) as part of your blog or other online commentary , analysis or review ( `` user commentary '' ) , headspace grants you a limited right to download , reproduce and distribute distribution content over the internet as part of your user commentary .

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: v. King County, 96 Wn.2d 538, 543, 637 P.2d 656 (1981)). Chapter 7.21 RCV is easily harmonized with CR 37(b)(2)(D). The eontemp statute creates contempt of court as a sanction and estab lishes procedures governing its use. We have limited this power through the court rules and prohibited its use t< sanction a failure to submit to a psychological exam. Ther< is no conflict with the contempt statute. This is doubly trus when we follow our mandate to give effect to both provisions whenever possible. See Thomas, 121 Wn.2d at 511. ¶31 Courts have traditionally relied on the “civil” naturt of the SVP statute to strip the accused of most protections offered by the Washington and United States constitutions See Kansas v. Hendricks, 521 U.S. 346, 117 S. Ct. 2072, 138 L. Ed. 2d 501 (1997) (<HOLDING>); In re Det. of Young, 122 Wn.2d 1 (holding Options: A. holding that the supreme courts ex post facto precedents do not clearly establish that amended section 29336 violates the ex post facto clause B. holding because kansass svp statute is civil the accused has no fifth amendment or ex post facto protections C. holding that the ex post facto clause has no application to deportation D. holding that because of its civil nature section 881 is not subject to the ex post facto clause E. holding that the ex post facto clause did not apply because the civil contempt citation was not punitive

assistant: The best answer is B. holding because kansass svp statute is civil the accused has no fifth amendment or ex post facto protections
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 may amend this Plan, in whole or in part, at any time, provided, however, that no amendment shall be effective to decrease the balance in any Account as accrued at the time of such amendment. Any amendment which would allow officers of the Company to participate in the Plan shall require the approval of the AbbVie Inc. Board of Directors. Any amendment which increases the total cost of the Plan to the Employers in excess of $250,000 in each of the three full calendar years next following the date of the amendment shall be approved by the Board of Review. The Senior Vice President, Human Resources of the Company (or the individual holding equivalent duties and responsibilities) shall approve all other amendments to the Plan and the extension of the Plan to any division or Subsidiary of the Company.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: No interest of any Participant, spouse or Beneficiary under this Plan and no benefit payable hereunder shall be assigned as security for a loan, and any such purported assignment shall be null, void and of no effect, nor shall any such interest or any such benefit be subject in any manner, either voluntarily or involuntarily, to anticipation, sale, transfer, assignment or encumbrance by or through any Participant, spouse or Beneficiary. Notwithstanding anything to the contrary herein, however, the Plan Administrator has the discretion to make payments to an alternate payee in accordance with the terms of a domestic relations order (as defined in Code Section 414(p)(1)(B)).

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 legal provision and list the applicable contract clause categories. Provision: As a condition to receipt of the benefits set forth in Section 2 herein, for a period of two (2) years following the Separation Date, Executive agrees to make himself available to cooperate reasonably and in good faith with the Company Entities in all matters related to Executive’s service to the Company Entities, including, without limitation, in connection with any litigation or other legal proceedings (provided Executive and the Company Entities are not adverse parties or otherwise have a conflict of interest in regards to such litigation or legal proceeding). The Company agrees that, in requesting and scheduling any cooperation hereunder, that it shall use its reasonable efforts to accommodate and not interfere with Executive’s other professional and personal scheduling demands and obligations (including in connection with any employment Executive may have). The Company further agrees that it will compensate Executive at an agreed-upon reasonable hourly rate for such cooperation, and reimburse (or pay directly on Executive’s behalf) for any reasonable out-of-pocket expenses incurred by Executive, at the direction of the Company Entities, in connection with providing such cooperation, but Executive will not be entitled to additional compensation for such cooperation unless agreed upon in writing with the Company.

assistant: Cooperation
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: courts routinely dismiss appeals from Rule 736 foreclosure orders for lack of jurisdiction, citing Rule 736.8(c). See, e.g., Wood v. 21st Century Mortg. Corp., No. 05-14-01467-CV, 2015 WL 3866634, at *1 (Tex. App.—Dallas Jun. 23, 2015, no pet.); Moir v. JP Morgan Chase NA, No. 05-14-00899-CV, 2014 WL 6808668, at *1 (Tex. App.— Dallas Dec. 4, 2014, no pet.); Thweatt v. Deutsche Bank Nat’l Tr. Co., No. 01-14-00261-CV, 2014 WL 2538691, at *1 (Tex. App.—Houston [1st Dist.] Jun. 5, 2014, no pet.). The Burciagas’ “Motion to Vacate” was an impermissible challenge to the Rule 736 Foreclosure Order. Although Rule 736.8(c) does not include “motions to vacate” in its list of specific forbidden challenges to foreclosure orders, this absence is not disposi-tive. See Casterline, 476 S.W.3d at 44-45 (<HOLDING>). Rule 736.8(c) makes clear that “[a]ny Options: A. holding that a motion to reconsider and reopen was in substance a motion for rehearing or new trial which is prohibited by rule 7368c B. holding that unauthorized motion for rehearing to set aside default heard by trial court will be considered as motion for reconsideration C. holding that rule 59e applies to a motion to reconsider D. holding that there is no authority for a motion for rehearing of an order disposing of a rule 3800 motion to correct illegal sentence and therefore the motion for rehearing did not postpone rendition of the order so as to make the notice of appeal timely E. holding that the district court did not err by concluding that the bankruptcy court did not abuse its discretion in denying motion for continuance motion to withdraw and motion for reconsideration and rehearing

assistant: The best answer is A. holding that a motion to reconsider and reopen was in substance a motion for rehearing or new trial which is prohibited by rule 7368c
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 the foregoing, no payments shall be made or benefits provided under this Agreement unless the Executive executes, and does not revoke, the Company’s standard written release, substantially in the form as attached hereto as Appendix A (the “Release”), of any and all claims against the Company and all related parties with respect to all matters arising out of the Executive’s employment by the Company (other than entitlements under the terms of this Agreement or under any other plans or programs of the Company in which the Executive participated and under which the Executive has accrued or become entitled to a benefit) or a termination thereof. The Executive understands and agrees that he has twenty-one (21) days to consider the Release. In the event that the Release is not executed and delivered to the Company on or before the twenty-second (22 nd ) day following delivery of the Release to the Executive, then no payments shall be made to the Executive under this Agreement, other than amounts to which he or she is entitled to receive as a matter of law or contract.

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: HealthWarehouse.com agrees to pay the Commonwealth of Kentucky any unpaid sales taxes for the year 2012 and remove the Plaintiff's name as the responsible party. The parties agree that Plaintiff is not responsible to pay those sales taxes or any other HealthWarehouse.com taxes.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Subject to the terms and conditions contained in this Agreement, the purchase and sale of the Shares contemplated hereby shall take place at a closing (the “ Closing ”) to be held at the law offices of Magri Law, LLC in Fort Lauderdale, FL, or at such other place or on such other date as Buyer and Seller may mutually agree upon in writing within two (2) business days after the date on which all of the conditions and obligations of the Parties as set forth in this Agreement shall have been substantially satisfied in all material respects or otherwise duly waived, or on such other date and at such other place and date as the Buyer and the Seller may hereafter agree upon in writing (such date of the Closing being referred to herein as the “ Closing Date ”).

assistant: Closings
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 Parties shall cooperate with each other in good faith and shall coordinate their activities (to the extent practicable) in respect of all matters concerning the implementation and consummation of the Transactions. Furthermore, each of the Parties shall take such action (including executing and delivering any other agreements and making and filing any required regulatory filings) as may be reasonably necessary to carry out the purposes and intent of this Agreement. Each of the Parties, as applicable, hereby covenants and agrees (a) to negotiate in good faith the Transaction Documents consistent with the terms hereof and the Term Sheet and (b) subject to the satisfaction of the terms and conditions set forth herein, to execute the Transaction Documents (in each case to the extent such Party is contemplated to be a party thereto).

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 case excerpt and choose the best holding from the options. Case excerpt: and we do not discern such support from our review of the law. The statutes governing counties do not provide for county administrative officers, apparently leaving the creation of such positions to the boards of supervisors. Because other counties may not have “administrative officers” with duties similar to Maricopa County’s administrative officer, interpreting “chief executive officer” to refer to different entities or persons depending on the identity of the county at issue would create unwarranted confusion. See Forino v. Ariz. Dep’t of Transp., 191 Ariz. 77, 80, 952 P.2d 315, 318 (App.1997) (“To discern the legislature’s intent, we may consider the effect and consequences of alternative construction.”); see Nielson v. Patterson, 204 Ariz. 530, 531, ¶ 5, 65 P.3d 911, 912 (2003) (<HOLDING>). ¶ 10 The Blauvelt court’s identification of a Options: A. holding that statutes are to be interpreted in accordance with the legislative intent and in a manner that will not render the statutes application absurd unreasonable or unjust internal quotation marks and citation omitted B. holding that statutes should not be interpreted so as to render any of its provisions nugatory C. holding same D. holding that subsequently enacted federal statutes trump the rules of civil procedure E. holding rules of procedure interpreted in same manner as statutes

assistant: The best answer is E. holding rules of procedure interpreted in same manner as 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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: 9.2 linden lab provides the service on an `` as is '' basis , without express or implied warranties , and all content , including virtual tender and other virtual goods and services , have no guarantee or warranty of any compensable value .

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: Except as otherwise expressly stated herein, in the event any provision contained in this Conveyance shall for any reason be held invalid, illegal, or unenforceable by a court or regulatory agency of competent jurisdiction, such invalidity, illegality, or unenforceability shall not affect the remaining provisions of this Conveyance.

assistant: Severability