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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement (including the documents, exhibits and instruments referred to herein) (a) constitutes the entire agreement and supersedes all prior agreements, and understandings and communications, both written and oral, among the parties with respect to the subject matter hereof, and (b) is not intended to confer upon any person other than the parties hereto any rights or remedies hereunder.

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 case excerpt and choose the best holding from the options. Case excerpt: held that “[t]his is one of those cases expressly resolved by H.J. Inc. when the Court observed: ‘Predicate acts extending over a few weeks or months and threatening no future criminal conduct do not satisfy [the continuity] requirement: Congress was concerned in RICO with long-term criminal conduct.’ ” 894 F.2d at 597 (quoting H.J. Inc., 109 S.Ct. at 2901). In the present situation, the predicate acts took place over a period of, at most, eight months. It would seem from the preceding cases that eight months of criminal activity with no threat of continuity into the future is simply not substantial enough to be considered long-term criminal activity. The great weight of authority supports this position. Airlines Reporting Corp. v. Aero Voyagers, Inc., 721 F.Supp. 579 (S.D.N.Y.1989) (<HOLDING>); McCain v. Phoenix Resources, Inc., No. Options: A. holding that two acts of mail fraud within five months constituted a pattern B. holding one and onehalf months establishes causation while three months is too long and does not C. holding that a six month closedended period did not satisfy the continuity requirement D. holding that an employers knowledge of protected activity and the discharge of employees less than two months after negotiation of eeoc settlement agreements was sufficiently probative of a causal link to withstand summary judgment E. holding that a closedended period of less than thirteen months was not sufficiently long to be considered a pattern

assistant: The best answer is E. holding that a closedended period of less than thirteen months was not sufficiently long to be considered a pattern
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: 271 F.R.D. 13, 24 (S.D.N.Y.2010) (noting that failure to suspend “any routine document destruction or other processes involved in the ordinary course of business that might result in the destruction of potentially relevant evidence” may result in sanctions); see also Victor Stanley Inc. v. Creative Pipe, Inc., 269 F.R.D. 497, 542-553 (D.Md.2010) (comparing the various approaches taken by the United States Circuit Courts of Appeal). 50 . See Fed.R.Civ.P. 26(b)(2)(B) (limiting discovery of electronically-stored information to that which is "reasonably accessible”); Rimkus Consult. Grp. v. Cammarata, 688 F.Supp.2d 598, 612 (S.D.Tex.2010) (analyzing the duty to preserve by focusing on proportionality and reasonableness); Zubulake v. UBS Warburg LLC, 220 F.R.D. 212, 216-18 (S.D.N.Y.2003) (<HOLDING>). 51 . Rimkus Consult. Grp., 688 F.Supp.2d at Options: A. recognizing that the corporation is always deemed to be an indispensable party in a shareholder derivative action B. recognizing a similar exception to its rule with respect to corporations C. recognizing that a corporation does not have a duty to preserve every data source because such a rule would cripple large corporations that are almost always involved in litigation D. holding that while a state statute granted a foreign corporation the rights and privileges enjoyed by domestic corporations it did not transform such corporations into domestic or resident corporations E. recognizing that when the corporations management or its shareholders are deadlocked with respect to a particular issue courts have realigned such corporations as party plaintiffs

assistant: The best answer is C. recognizing that a corporation does not have a duty to preserve every data source because such a rule would cripple large corporations that are almost always involved in litigation
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: facie case of retaliation. Upon review of the record, we find that the University satisfied its burden by producing evidence indicating that its actions were taken because of changes in Khazzaka’s conduct. See Defendant’s Motion for Summary Judgment, Exh. 1, Passon Affidavit at ¶¶ 9-14, 18-21, 81-83; id., Exh. 2, Adams Affidavit at ¶¶ 9-22; id., Exh. 3, Wiley Affidavit at ¶¶ 28-54. Although Khazzaka disputes some of this evidence, see Plaintiffs Response to Defendant’s Statement of Material Facts, he has not presented any evidence from which a fact-finder could disbelieve the University’s as serted reasons and/or believe that discrimination or retaliation was a motivating cause for the actions. See Fuentes, 32 F.3d at 764; Estate of Smith v. Marasco, 318 F.3d 497, 514 (3d Cir.2003) (<HOLDING>) (emphasis omitted). Consequently, the Options: A. holding that a nonmoving party cannot defeat a motion for summary judgment by relying on conclusory statements B. recognizing that nonmoving party must present affirmative evidence to defeat summary judgment C. holding that the nonmoving party must show how additional discovery will defeat the summary judgment motion ie create a genuine dispute as to a material fact and that the nonmoving party must show that he has diligently pursued discovery of the evidence in question D. holding that the nonmoving party must produce more than a scintilla of evidence to survive summary judgment E. holding that the nonmoving party may not defeat a summary judgment motion by standing on the bare allegations in the pleadings

assistant: The best answer is B. recognizing that nonmoving party must present affirmative evidence to defeat summary judgment
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 and failed to disclose the malpractice. Such a rule would not comport with the purpose of the venue statute to “protect! ] a defendant from the inconvenience of having to defend an action in a trial court that is either remote from the defendant’s residence or from the place where the acts underlying the controversy occurred.” VE Holding Corp. v. Johnson Gas Appliance Co., 917 F.2d 1574, 1576 (Fed.Cir.1990); see also Henrich v. Field, No. 05-CV-0798, 2006 WL 2620043, at *2 (W.D.N.Y. Sept. 13, 2006) (“Moreover, if Defendants breached their fiduciary duties to Henrich by failing to keep him apprised of information of which he should have been made aware, those omissions occurred in Delaware.”); McArdle v. Carter, No. 09-CV-927, 2010 WL 2683375, at *5 (M.D.Ala. July 6, 2010) (<HOLDING>). Finally, the Plaintiff does cite one Options: A. holding that venue was not proper in the southern district of new york where the plaintiff resided because the allegedly erroneous advice to file a case in new york that could result in a finding of civil contempt against the plaintiff originated from the defendants office in california B. holding that the district where the defendant attorneys office was located was the proper venue because the defendants omissions related to their failure to communicate from their office in savannah the details of the ongoing case C. holding office exempt where the rest of the residence was not D. holding that an employee had a legitimate expectation of privacy in his office even though the papers seized from the office were not the property of the employee E. recognizing that a prosecutors office is an entity and that information in the possession of one attorney in the office must be attributed to the office as a whole

assistant: The best answer is B. holding that the district where the defendant attorneys office was located was the proper venue because the defendants omissions related to their failure to communicate from their office in savannah the details of the ongoing case
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: No Loan Party shall engage except as may be reasonably approved by the Administrative Agent in (i) any Sale and Leaseback transaction with respect to any of its Property of any character, whether now owned or hereafter acquired or (ii) any off-balance sheet financing or similar transaction.

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

user: Read the following U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 471 U.S. 147 105 S.Ct. 1860 85 L.Ed.2d 113 Patrick RAMIREZ, petitioner,v.INDIANA No. 84-5059 Supreme Court of the United States April 1, 1985 Rehearing Denied May 13, 1985. See 471 U.S. 1112, 105 S.Ct. 2350. On Writ of Certiorari to the Court of Appeals of Indiana. PER CURIAM. 1 The judgment is affirmed by an equally divided Court. 2 Justice POWELL took no part in the decision of this case.

assistant: 1
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Each party shall do and perform, or cause to be done and performed, all such further acts and things, and shall execute and deliver all such other agreements, certificates, instruments and documents, as the other party may reasonably request in order to carry out the intent and accomplish the purposes of this Agreement and the consummation of the transaction contemplated hereby.

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 legal provision and list the applicable contract clause categories. Provision: All notices (including, without limitation, any notice of termination or breach) and other communications from any Party hereunder shall be in writing and shall be deemed to have been duly given if personally delivered by courier service, messenger, email, or facsimile to the other Parties at the applicable addresses below, or such other addresses as may be furnished hereafter by notice in writing. Any notice of termination or breach shall be delivered to all other Parties.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: To the extent permitted by law, Subtenant hereby releases the Sublandlord Parties from, and waives all claims for, damage to persons or property sustained by Subtenant, its agents or employees or any other occupant of the Building or the Sublease Premises (but in the case of agents, employees or other occupants, such waiver and release shall apply only to the extent Subtenant may legally waive and release claims by such third parties) resulting from (i) any accident in or about the Building or the Sublease Premises except to the extent resulting from the gross negligence or willful misconduct of the Sublandlord Parties, or (ii) resulting directly or indirectly from any act or neglect of any third party (which third party is, for the avoidance of doubt, not a Sublandlord Party). Notwithstanding anything to the contrary herein, in no event shall Sublandlord or Subtenant be liable to the other party under this Sublease for any damage by reason of loss of profits, business interruption or other special or consequential damage; provided that such limitation shall not apply to any third-party claims.

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: (a) The Loan Agreement is hereby amended as of the Amendment Effective Date to delete the stricken text (indicated textually in the same manner as the following example: stricken text ) and to add the double-underlined text (indicated textually in the same manner as the following example: double-underlined text ) as set forth in the pages of the Loan Agreement attached as Exhibit A hereto.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the assent of the offeree. See Power Service Corp. v. Joslin, 175 F.2d 698 (9th Cir. 1949). This assent may be sufficiently expressed by the conduct of the soliciting offeree so as to bring into being a binding contract. Dunkel Oil Corp. v. Independent Oil & Gas Co., 70 F.2d 967 (7th Cir. 1934); 1 Corbin\ Contracts § 88 (1963). The conduct on the part of the offeree which will constitute assent under these circumstances must be directed towards fulfilling the contractual obligation (that is, beginning performance) and that conduct must be conveyed by the offeree to the offeror. Albright v. Stegeman Motorcar Co., supra. Moreover, the conduct must be by persons who have at least apparent authority to bind the offeree. See O’Daniel Motors, Inc. v. Handy, 390 S.W.2d 453 (Ky. Ct.App.1965) (<HOLDING>) With these principles in mind, the resolution Options: A. holding that sales contract for used car which required approval of dealer was not made binding on dealer by delivery of car by salesman who had no authority to bind dealer B. holding that officers observation of a known drug dealer approaching the defendants car gave rise to reasonable suspicion C. holding drug addiction admissible to show motive to rob and kill when defendant had the victims car check book and credit cards told his wife and a friend that he had killed the victim in selfdefense sold the car to a drug dealer and used all the money from forged checks credit card cash advances and car sale to purchase and use drugs D. holding that the driver of a car who had permission to use the car had standing to challenge its search E. holding that there was probable cause for arrest where officers knew defendants had recently been with suspected drug dealer officers saw defendants car being maneuvered so as to indicate that surveillance had been detected and when officers approached car defendant attempted to place package under car and then pulled the package back inside the car and closed and locked the car door

assistant: The best answer is A. holding that sales contract for used car which required approval of dealer was not made binding on dealer by delivery of car by salesman who had no authority to bind dealer
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 box which was in the defendant’s pocket prior to the time they searched the defendant and removed the box from the defendant’s pocket, ... the fruits of that search are not to be considered by you in arriving at your verdict, and in that case you should return a verdict of not guilty. Record on Appeal vol. 2, at 145-46, 178-79, 210-11 (emphasis added). Because the record indicates that the district court, at most, made only an initial determination of whether officer Young saw the cocaine in plain view and left the ultimate determination of that question to the jury, we reject the government’s' argument. III For the foregoing reasons, we VACATE Lang’s conviction and REMAND for a new trial. 1 . See Terry v. State of Ohio, 392 U.S. 1, 30, 88 S.Ct. 1868, 1884-85, 20 L.Ed.2d 889 (1968) (<HOLDING>). We do not address the validity of the Terry Options: A. holding that a police officer may order an individual out of his car and frisk him for weapons if there is a reasonable belief that the individual is armed and dangerous B. holding that an officer making a reasonable investigatory stop should not be denied the opportunity to protect himself from attack by a hostile suspect and he may conduct a weapons search limited in scope to this protective purpose C. holding that a limited search of the outer clothing of a suspect for weapons is reasonable where the officer has a reasonable articulable basis for believing that the suspect may be armed and presently dangerous D. holding that an officer must be able to point to particular facts from which he reasonably inferred that the individual was armed and dangerous E. holding that where a police officer observes unusual conduct which leads him reasonably to conclude in light of his experience that criminal activity may be afoot and that the persons with whom he is dealing may be armed and presently dangerous he is entitled for the protection of himself and others in the area to conduct a carefully limited search of the outer clothing of such persons in an attempt to discover weapons which might be used to assault him

assistant: The best answer is E. holding that where a police officer observes unusual conduct which leads him reasonably to conclude in light of his experience that criminal activity may be afoot and that the persons with whom he is dealing may be armed and presently dangerous he is entitled for the protection of himself and others in the area to conduct a carefully limited search of the outer clothing of such persons in an attempt to discover weapons which might be used to assault him
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: Selling Parties have the right, power, authority and capacity to execute and deliver this Agreement, to consummate the transactions contemplated hereby and to perform their obligations under this Agreement. This Agreement constitutes the legal, valid and binding obligations of Selling Parties, enforceable against Selling Parties in accordance with the terms hereof.

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: During the Employment Term, the Executive shall serve as the Chief Financial Officer of the Company, reporting to the Chief Executive Officer of the Company (the “ Supervisor ”). In such position, the Executive shall have such duties, authority and responsibility as shall be determined from time to time by Supervisor of the Company, which duties, authority and responsibility are consistent with the Executive's position. The Company will seek to have the formal appointment of Executive to the Board of Directors (the “ Board ”) within ninety (90) days of the execution of this Agreement. The Company shall take all proper and legal actions to have Executive elected and remain a member of the Board during the Employment Term, subject to state and federal law and the bylaws of the Company, during the Employment Term, as long as Executive beneficially owns at least 3% of the common stock of the Company. At any time that the Executive elects not to serve on the Board, then the Executive’s right to a full voting seat on the Board will no longer exist and instead will be subject to the determination of the Board.

assistant: Positions
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 Member shall create any Liens on all or any portion of its Units. No Member shall Transfer all or any portion of its Units except as permitted by this Article XI . Any attempted creation of a Lien, or Transfer not in accordance with the terms of this Article XI , on all or any portion of Units shall be null and void and of no legal effect.

assistant: Liens
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 Lender shall have received a Notice of Borrowing or Letter of Credit Application from the Applicable Borrower in accordance with Section 2.3(a) or Section 3.2 , as applicable.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Plan will become effective upon its adoption by the Board, provided that it must be approved by a majority of the outstanding securities entitled to vote within twelve (12) months before or after the date of such adoption. Unless terminated earlier by the Board, this Plan shall terminate on the tenth anniversary of the date it is adopted by the Board or approved by the Company’s stockholders, whichever is earlier. Termination of this Plan shall not affect the terms or conditions of any award granted prior to termination. Awards hereunder may be made at any time prior to the termination of this Plan, provided that no award may be made later than ten (10) years after the effective date of this Plan.

assistant: Effective Dates
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 waiver or course of dealing shall be established by (a) the failure or delay of Lender to require strict performance by Obligors with any terms of the Loan Documents, or to exercise any rights or remedies with respect to Collateral or otherwise; (b) the making of any Loan or issuance of any Letter of Credit during a Default, Event of Default or other failure to satisfy any conditions precedent; or (c) acceptance by Lender of any payment or performance by an Obligor under any Loan Documents in a manner other than that specified therein. It is expressly acknowledged by Obligors that any failure to satisfy a financial covenant on a measurement date shall not be cured or remedied by satisfaction of such covenant on a subsequent date.

assistant: 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: be awarded only to compensate actual injury or, in the case of exemplary or punitive damages, to deter or punish malicious deprivations of rights. Carey, 435 U.S. at 266, 98 S.Ct. 1042. The FTCA’s waiver of sovereign immunity is limited to damages “for injury or loss of property, or personal injury or death.” 28 U.S.C. § 1346(b)(1). In situations where Congress has limited the ability of plaintiffs to collect damages due to governmental wrongs—such as the FTCA—courts have recognized that such a statutory limitation does not preclude the award of nominal damages for a violation of a constitutional right. See, e.g., Bush v. St. Tammany Par., 754 F.2d 1132, 1133 (5th Cir.1984) (affirming award of nominal damages for FTCA violation); Allah v. Al-Hafeez, 226 F.3d 247, 251 (3d Cir.2000) (<HOLDING>); Perkins v. Kansas Dep’t of Corr., 165 F.3d Options: A. recognizing availability of nominal damages for violations of constitutional rights notwithstanding statutory bar in prison litigation reform act 42 usc 1997ee B. holding that nominal damages are appropriate for deprivations of constitutional rights that do not result in actual injury C. holding that under 1983 violations of constitutional rights are actionable for nominal damages without proof of actual injury D. holding that the right to nominal damages for eighth amendment violations can be waived if such damages are not timely requested E. holding that a prisoners claim was saved by his request for nominal and punitive damages even though he could not recover compensatory damages under the prison litigation reform act

assistant: The best answer is A. recognizing availability of nominal damages for violations of constitutional rights notwithstanding statutory bar in prison litigation reform act 42 usc 1997ee
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: while you may always browse the public-facing portions of the service without registering with us , in order to enjoy the full benefits of the service , including to serve as a creator or editor , you must download the apps and register an account with us ( an `` account '' ) .

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: CURIAM. This petition for writ of mandamus seeks to compel a ruling on a motion for postconviction relief. Because the circuit court has recently issued an order striking one ground of the motion with leave-, to amend, the petition for writ of mandamus is denied. See Munn v. Florida Parole Commission, 807 So.2d 733 (Fla. 1st DCA 2002). (<HOLDING>). However, we encourage the circuit court to Options: A. holding when the state statute did not abrogate the common law rule the only available damage remedy in a mandamus action was one for making a false return and damages for the delay in doing the thing the mandamus sought to command could not be sought in the mandamus action B. holding that a denial of due process warrants mandamus relief C. holding that where the trial court has issued a recent order to show cause on a pending pleading mandamus relief is not warranted D. holding that where the trial court has recently taken action mandamus relief was not warranted E. holding that plaintiffs who sought injunctive relief under 42 usc 1983 could get same relief in a state court mandamus action

assistant: The best answer is D. holding that where the trial court has recently taken action mandamus relief was not warranted
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: action.” Id. at 17. The Court agrees with Magistrate Judge Harvey’s analysis of Ms. Toomer’s hostile work environment claim and therefore overrules Ms.' Toomer’s objections to the contrary. 1. The Action Figure Display It is undisputed that the action figure at issue in this case “was brown in color, made of hard plastic, had reticulat-ing arms and logs, had fur engraved in the plastic and was approximately six to eight inches in length.” Def.’s SMF, ECF No. 68 ¶ 21; Pl.’s Resp. SMF, ECF No. 73 at page 30. There is also no dispute that the photographs of the action figure display in the record accurately depict the action figure display as it appeared to Ms. Toomer from June 8 through June 23, 2010. Def.’s SMF, ECF No. 68 ¶ 29; PL’s Resp. SMF, pp.2d 820, 822-26 (S.D.N.Y. 2001) (<HOLDING>); Gooden v. Timpte, Inc., No. 99-795, 2000 WL Options: A. recognizing a hostile work environment claim under section 1983 B. holding that a viable hostile work environment claim requires an environment that a reasonable person would find hostile or abusive C. recognizing that a claim of hostile environment sex discrimination is actionable under title vii D. holding that a hostile work environment is a form of discrimination that is actionable under the statute E. holding that a noose displayed prominently in a supervisors office gave rise to an actionable hostile work environment claim

assistant: The best answer is E. holding that a noose displayed prominently in a supervisors office gave rise to an actionable hostile work environment claim
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the State informed the court that “there are still motions that the defendant filed.” The court responded that defendant “has indicated he’s 992) (“a defendant is not entitled to a ‘hybrid trial’ in which he alternates between proceeding pro se and being represented by counsel”); but see People v. McNeal, 194 Ill. 2d 135, 147 (2000) (declining to apply rule in capital cases). Even if defendant’s motions were properly before the trial court, we note that it is the responsibility of the party filing a motion to request the trial judge to rule on it (Majewski v. Von Bergan, 266 Ill. App. 3d 140, 144 (1994)), and when no ruling has been made on a mo tion, the motion is presumed to have been abandoned absent circumstances indicating otherwise (People v. Johnson, 159 Ill. 2d 97, 123 (1994) (<HOLDING>); People v. Van Hee, 305 Ill. App. 3d 333, 335 Options: A. holding that defendant abandoned his motion by failing to pursue it within a reasonable time after it was filed B. holding that a california habeas petition is timely if filed within a reasonable time C. holding that a party abandoned an issue by failing to raise it in the opening brief D. holding that appellant abandoned argument by failing to argue it in body of brief E. holding that the defendant waived an argument by failing to raise it in his appellants brief

assistant: The best answer is A. holding that defendant abandoned his motion by failing to pursue it within a reasonable time after it was filed
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: because the court had not entered the deadly weapon finding in the judgment, under the specific facts the probationary sentence was not void. However, Hooks involved a bench trial, and therefore the judge was the trier of fact. Moreover, Hooks relied on Ex parte Lucke, 742 S.W.2d 818 (Tex.App.-Houston [1st Dist.] 1987, no pet), in reaching its conclusion that article 42.12, section 3g(a)(2) did not bar probation for the appellant because the trial court had not entered an affirmative finding in the judgment. Lucke also involved a case of a plea before the court, and held that “the trial court, as trier of fact, simply declined to enter the additional affirmative finding in the judgment.” Lucke at 820; see also Johnson v. State, 233 S.W.3d 420, (Tex.App.-Fort Worth 2007, pet. ref'd) (<HOLDING>). Finally, the Hooks court cited Poe with Options: A. holding trial court failed to make a finding of fact but rather made a finding of the ultimate question of law that the defendants plea was not knowingly and intelligently made B. holding that where trial court is trier of fact and has made an affirmative deadly weapon finding it retains discretion to enter finding in judgment C. holding trial court did not abuse its discretion in finding violation was willful and substantial D. recognizing that the supreme court has indicated that affirmative misconduct is a prerequisite to a finding of estoppel against the united states E. holding that the trial judge retains the discretion to exclude dna evidence if errors in the laboratory procedures render it so unreliable that it would not be helpful to the trier of fact but that trial court did not abuse its discretion by admitting that evidence

assistant: The best answer is B. holding that where trial court is trier of fact and has made an affirmative deadly weapon finding it retains discretion to enter finding in judgment
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: Harbour Prop. Owners Ass’n, Inc. v. Midsouth Golf, LLC, 215 N.C. App. 66, 75, 715 S.E.2d 273, 282 (2011) (quotation marks and citation omitted). This Court does not typically consider the adequacy of consideration, as “inadequate consideration, as opposed to the lack of consideration, is not sufficient grounds to invalidate a contract. In order to defeat a contract for failure of consideration, the failure of consideration must be complete and total.” Harllee v. Harllee, 151 N.C. App. 40, 49, 565 S.E.2d 678, 683 (2002) (citations omitted). Paying wages for labor constitutes consideration, and a change in the form of payment has been found to be sufficient consideration to form a contract. Clyde Rudd & Associates, Inc. v. Taylor, 29 N.C. App. 679, 682, 225 S.E.2d 602, 604 (1976) (<HOLDING>). Here, when Plaintiff transferred to the Options: A. recognizing this method B. holding that a change in the method of compensation met the consideration requirement of contract formation C. recognizing this method of submission D. holding that 481 authorizes necessary adjustments to income in the year of change whether the change in method of accounting was initiated by the taxpayer or the commissioner E. holding that one method of computing damages for a breach of contract is the contract price less the reasonable cost of completion

assistant: The best answer is B. holding that a change in the method of compensation met the consideration requirement of contract formation
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: recorded in the journal of the governing body’s proceedings; (2) a copy of the record of the proceedings must be signed by the mayor; (3) a copy of the record of the proceedings must be attested by the municipality’s clerk or secretary under the corporate seal; and (4) a copy of the record of the proceedings must be filed and recorded in the office of the county clerk of the county in which the municipality is located. The governing body of a type B general-law municipality consists of five aldermen. Tex. Loc.Gov’t Code Ann. § 23.021 (Vernon 1988). To meet the two-thirds requirement, four of the five aldermen must vote to make the change at a regular meeting. Etheridge, 32 S.W.2d at 830 (co 8 (Tex.Civ.App.—Fort Worth 1956, no writ); City of West Lake Hills, 466 S.W.2d at 728 (Tex.1971) (<HOLDING>). Here, there were only three aldermen present Options: A. holding that although samesex partner may have been able to prove her status as a de facto parent such status was not sufficient to establish parental rights to custody and visitation over the objection of the biological mother B. holding that de facto type a status was achieved where the only violation of the statute was the failure to file the ordinance with the county clerk C. holding that 16 years justifies de facto status D. holding that a de facto parents rights do not infringe on the fundamental liberty interests of the other legal parent in a family unit because de facto status can be achieved only through the active encouragement of the biological or adoptive parent by affirmatively establishing a family unit with the de facto parent and child or children that accompany the family E. holding de facto custodian status does not remove the presumption in favor of natural parents obtaining or retaining custody of their children

assistant: The best answer is C. holding that 16 years justifies de facto status
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: In case at any time after the Closing any further action is necessary or desirable to carry out the purposes of this Agreement, including but not limited to any breach or default under this Agreement, each of the Parties will take such further action (including the execution and delivery of such further instruments and documents) as any other Party reasonably may request, all at the sole cost and expense of the requesting Party (unless the requesting Party is entitled to indemnification therefore under Section 10).

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: v. Green, 944 So.2d 208 (Fla.2006), Barrios-Cruz’s motions are still untimely. Affirmed. KHOUZAM and MORRIS, JJ., Concur. 1 . Courts that have concluded that Padilla should be applied retroactively include: People v. Bennett, 28 Misc.3d 575, 903 N.Y.S.2d 696 (N.Y.Crim.Ct.2010); Marroquin v. United States, 2011 WL 488985 (S.D.Tex. Feb.4, 2011); United States v. Hubenig, 2010 WL 2650625 (E.D.Cal. Jul.l, 2010); United States v. Chaidez, 730 F.Supp.2d 896 (N.D.Ill.2010); Martin v. U.S., 2010 WL 3463949 (C.D.Ill. Aug.25, 2010); and Al Kokabani v. United States, 2010 WL 3941836 (E.D.N.C. Jul.30, 2010). Courts that have reached the opposite conclusion include: People v. Kabre, 29 Misc.3d 307, 905 N.Y.S.2d 887 (N.Y.Crim.Ct.2010); United States v. Macedo, 2010 WL 5174342 (N.D.Fla. Dec.15, 2010) (<HOLDING>); United States v. Hough, 2010 WL 5250996 Options: A. holding that cage has been made retroactive to cases on collateral review B. holding simply that padilla was not made retroactive to cases on collateral review without further analysis C. holding the supreme court has not held in a case or a combination of cases that the rule in johnson is retroactive to cases on collateral review and therefore it has not made johnson retroactive D. holding that until the supreme court rules otherwise apprendi is not a new rule of constitutional law made retroactive to cases on collateral review that was previously unavailable E. holding that padilla does not announce a new rule of constitutional criminal procedure and listing in footnotes three eases finding that padilla announced a new rule of criminal procedure and seven cases finding that padilla is simply the application of an old rule

assistant: The best answer is B. holding simply that padilla was not made retroactive to cases on collateral review without further analysis
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: although tinder reserves the right to review and remove content that violates this agreement , such content is the sole responsibility of the user who posts it , and tinder can not guarantee that all content will comply with this agreement .

assistant: Content removal, Limitation of liability
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: skype does not endorse any user submissions or any opinion , recommendation , or advice expressed therein , and expressly disclaims any and all liability in connection with user submissions .

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: then properly extended his search to include places that could conceal drugs as well as weapons. Consent. We are cognizant that Kinney devoted a portion of his brief to a discussion of whether he voluntarily consented to the search. See State v. Ready, 252 Neb. 816, 565 N.W.2d 728 (1997) (discussing requirements necessary for determination of whether consent was voluntary). However, in the present case, the trial court did not base its decision on the voluntariness of Kinney’s consent, and the State does not argue that Kinney consented. Moreover, because we have already determined that the search was not unreasonable based upon Stanczyk’s reasonable, articulable belief that he might be in danger, we need not address this argument. See Kelly v. Kelly, 246 Neb. 55, 516 N.W.2d 612 (1994) (<HOLDING>). CONCLUSION Upon our de novo review, we Options: A. holding that the abuse of discretion standard does not prevent an appellate court from conducting a meaningful analysis B. holding continuing controversy not moot C. holding that if a declaratory judgment will not end the controversy it is not proper D. holding appellate court is not obligated to engage in analysis not needed to adjudicate controversy E. holding that the state court may adjudicate the applicability of a bankruptcy injunction to state court litigation

assistant: The best answer is D. holding appellate court is not obligated to engage in analysis not needed to adjudicate controversy
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 possibility of constructing a replacement tower that would accommodate telecommunications and emergency facilities. See Dep. of Robert Hassinger at 85 (stating that the State Police tower was discussed at the hearing, but that it would need to be rebuilt in order to accommodate a cell site). As a final point with respect to the State Police tower, Célico contends that the State Police are unlikely to agree to sharing a tower with a wireless service provider. There is no evidence, however, that Célico ever approached the State Police with an offer. Finally, Célico does not appear to have adequately considered the possibility of reconfiguring its network, or using cell sites from outside Grafton Center to provide service within Grafton Center. See Second Generation, 313 F.3d at 635 (<HOLDING>). Despite the fact that the Board indicated Options: A. holding that a 23month gap was insufficient to show staleness B. holding a task order for expanded flight services for the navy was within the scope because the contract was to cover services worldwide C. holding that the more than three month gap between the plaintiffs eeoc complaint and the allegedly adverse action was insufficient to show causation D. holding that the commission did not act arbitrarily or capriciously in denying a rulemaking petition because it considered several factors to determine whether an amendment to the regulations was appropriate or necessary such as the potential benefits of the requested amendment potential costs and the relation between the potential benefits and costs E. holding that the provider failed to show that other potential solutions such as a taller tower or a site in another jurisdiction could not cover the gap in services

assistant: The best answer is E. holding that the provider failed to show that other potential solutions such as a taller tower or a site in another jurisdiction could not cover the gap in services
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: you must be at least 13 years old to use our services ( or such greater age required in your country for you to be authorized to use our services without parental approval ) .

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: leaking, or placing of any solid waste or hazardous waste into or on any land or water so that such solid waste or hazardous waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including ground waters. 42 U.S.C. § 6903(3) (emphasis added). Under this definition, for the Partnership Defendants to be PRPs, there must have been a “discharge, deposit, injection, dumping, spilling, leaking, or placing” of contaminants on the property during their ownership. Id. Although we have previously concluded that RCRA’s defin 06, 722 (3d Cir.1996) (“[T]he passive spreading of contamination in a landfill does not constitute ‘disposal’ under CERCLA”), with Nurad, Inc. v. William E. Hooper & Sons Co., 966 F.2d 837, 846 (4th Cir.1992) (<HOLDING>). The first circuit court to face the question Options: A. holding that a municipal sewer system that leaked hazardous waste could rely on a thirdparty defense to avoid liability under cercla B. holding that prior owners are not liable for the gradual spread of contamination underground C. holding past owners liable for the disposal of hazardous wastes that leaked from an underground storage tank D. holding that a party that sold a product to another party arranged for disposal of a hazardous substance E. holding that the doctrine of strict liability applies where an owner of residential property brought a claim against the owners of a gasoline station immediately adjacent to a private residence after gasoline leaked into the property owners well

assistant: The best answer is C. holding past owners liable for the disposal of hazardous wastes that leaked from an underground storage tank
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: (a) The CME Subsidiary Guarantor hereby irrevocably and unconditionally submits, for itself and its property, to the exclusive jurisdiction of the Supreme Court of the State of New York sitting in New York County and of the United States District Court of the Southern District of New York, and any appellate court from any thereof, in any action or proceeding arising out of or relating to this Guarantee, or for recognition or enforcement of any judgment, and the CME Subsidiary Guarantor hereby irrevocably and unconditionally agrees that all claims in respect of any such action or proceeding shall be heard and determined in such New York State court or, to the extent permitted by law, in such Federal court. The CME Subsidiary Guarantor agrees that a final judgment in any such action or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law.

assistant: Jurisdictions