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: We hold only that the “other liability” language does not unequivocally express the will of the parties to waive immunity from prejudgment attachment. In so holding, we are in accord with the majority of courts (all district courts) that have addressed the issue. Security Pacific National Bank v. Iran, 513 F.Supp. 864, 879-80 (C.D.Cal.1981); New England Merchants National Bank v. Iran Power Generation & Transmission Co., 502 F.Supp. 120, 126-27 (S.D.N.Y.1981), remanded on other grounds, 646 F.2d 779 (2 Cir.1981); E-Systems, Inc. v. Islamic Republic of Iran, 491 F.Supp. 1294, 1300-02 (N.D.Tex.1980); Reading & Bates Corp. v. National Iranian Oil Co., 478 F.Supp. 724, 728 (S.D.N.Y.1979); Behring International, Inc. v. Imperial Iranian Air Force, 475 F.Supp. 383, 392-93 (D.N.J.1979) (<HOLDING>). Contra, Reading & Bates Drilling Co. v. Options: A. holding that an insurers obligation to defend an insured was a property interest subject to prejudgment attachment B. holding that the waiver of immunity from other liability did not explicitly waive immunity from prejudgment attachment but supporting the attachment on other grounds C. holding that qualified immunity is not merely immunity from damages but also immunity from suit D. holding immunity from liability is not jurisdictional E. recognizing that under texas law governmental immunity embraces two principles immunity from liability and immunity from suit

assistant: The best answer is B. holding that the waiver of immunity from other liability did not explicitly waive immunity from prejudgment attachment but supporting the attachment on other grounds
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 pay its owns expenses incurred in connection with the preparation, negotiation, execution, delivery, and performance of the Transaction Agreements to which such party is a party and the consummation of the transactions contemplated hereby and thereby.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: as a result of the searches. See id. at 586. Similarly, the plaintiffs claim was dismissed under § 1997e(e) in Harden-Bey v. Rutter, 524 F.3d 789, 795 (6th Cir.2008), for failure to state a claim, where the plaintiff did not allege that his administrative segregation resulted in any physical injury. Although Jackson repeatedly asserts that his larger “action” contains allegations of a dental injury, and implies that this meets the injury requirement, our precedent demonstrates that, absent injury related to the strip search, his Eighth Amendment claim is not cognizable under § 1997e(e). Concerning Jackson’s Fourth Amendment strip-search claim, the district court properly found the search to be constitutional under Bell v. Wolfish, 441 U.S. 520, 558, 99 S.Ct. 1861, 60 L.Ed.2d 447 (1979) (<HOLDING>). ’ Defendants acknowledge that all inmates Options: A. holding that routine strip searches of pretrial detainees and convicted prisoners conducted after contact visits were constitutional B. holding that routine monitoring and recording of the calls of convicted prisoners does not violate the prisoners fourth amendment rights C. holding that pretrial detainees can bring substantive due process claim D. holding that policy requiring strip searches of prisoners prior to transfer did not violate fourth amendment E. recognizing pretrial detainees constitutional right to be from excessive force

assistant: The best answer is A. holding that routine strip searches of pretrial detainees and convicted prisoners conducted after contact visits were constitutional
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: we hold the trial court did not err by denying defendant’s motions to dismiss those charges. Moreover, we note that neither counsel for defendant nor for the State objected to the omission of Black’s name in the jury instructions. Despite the trial court’s asking if there were “any corrections or additions from either party as to the jury charge as given,” neither counsel for defendant nor for the State requested any changes. In fact, we recognize that the trial court’s instruction in applying the concerted action theory to the evidence presented “was in fact favorable to defendant.” State v. Harris, 315 N.C. 556, 564, 340 S.E.2d 383, 388 (1986). Accordingly, even if the trial court’s jury instruction had been erroneous, we cannot find that defendant was prejudiced thereby. See id. (<HOLDING>); see also State v. Cox, 303 N.C. 75, 86-87, Options: A. holding that comments that implied that the drug trade would continue if the jury did not convict the defendant were improper B. holding the trial courts subsequently corrected instruction that the jury must find the defendant personally committed the offenses in order to convict the defendant on those charges did not prejudice the defendant C. holding that there was no error where one instruction did not inform the jury that in order to convict defendant of attempted murder the evidence must show that defendant had a specific intent to commit murder but where subsequent instruction did inform jury of this requirement and concluding that the instructions when read as a whole adequately informed the jury of the requirement of specific intent to kill D. holding that jurys verdict for the defendant in a breach of contract action did not establish the absence of breach because the jury was instructed that it could find for the defendant if it concluded that the defendant had not breached the contract or if the defendant proved an affirmative defense E. holding that the trial judges misconduct at trial did not prejudice the defendant in light of the courts curative instructions

assistant: The best answer is B. holding the trial courts subsequently corrected instruction that the jury must find the defendant personally committed the offenses in order to convict the defendant on those charges did not prejudice the defendant
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company is a company duly incorporated, validly existing and in good standing under the laws of the Cayman Islands and has all corporate powers and all governmental licenses, authorizations, permits, consents and approvals required to carry on its business as now conducted.

assistant: Powers
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: jurisdiction.”). Appellants point to this language, insisting that their claims, “although framed as state law claims ... depend upon an interpretation of the Bankruptcy Court’s Sale Order.” Appellants’ argument misses the mark, however, because the bankruptcy court’s mere approval of Debtors’ sale of assets to Steward did not automatically create jurisdiction over all future contract disputes somehow related to the APA. Hence, unlike Middlesex Power Equip. & Marine, Inc., which involved the interpretation of a specific provision of a sale order, Appellants here have failed to identify any provision of the Sale Order itself or any related questions of bankruptcy law underlying their claims that would require interpretation by the bankruptcy court. Ind , 340 B.R. 661, 669 (D.N.H. 2006) (<HOLDING>). In short, Appellants’ claims do not fit into Options: A. holding that debtorinpossessions postpetition contract dispute was a core proceeding thus implicitly holding that for purposes of 28 usc 157b1 the proceeding was one arising in the case and that accordingly for purposes of 1334b as well the proceeding was one arising in the case B. holding that a defamation claim is a personal injury tort claim C. holding reasonable fee in contract action included fees incurred in related bankruptcy proceeding D. holding that a proceeding that by its nature could arise only in the context of a bankruptcy case is a core matter subject to the jurisdiction of the bankruptcy court E. holding that defamation action is not a proceeding arising in a bankruptcy case

assistant: The best answer is E. holding that defamation action is not a proceeding arising in a bankruptcy 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: Each Loan Party has timely filed or caused to be filed all federal and all other material state and local Tax returns and reports required to have been filed and has paid or caused to be paid all material Taxes required to have been paid by it, except Taxes that are being contested in good faith by appropriate proceedings and for which such Loan Party or such Subsidiary has set aside on its books adequate reserves. No material tax liens have been filed and no claims are being asserted with respect to any such 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: Other than the purchase of the Note, Seller will not enter into any transaction, including, without limitation, any purchase, sale, lease or exchange of property or the rendering of any service, with any Affiliate unless such transaction (a) does not result in a Default hereunder, (b) is in the ordinary course of Seller’s business and (c) is upon fair and reasonable terms no less favorable to Seller than it would obtain in a comparable arm’s length transaction with a Person which is not an Affiliate, or make a payment that is not otherwise permitted by this Section 6.16 to any Affiliate.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: If your Termination of Service is due to your Total and Permanent Disability, your vested Options will terminate (i) 13 months after the date on which your Service terminates or, if later, (ii) upon the date specified in Section 5(c) or 5(d), whichever subsection is applicable (if any) based on your attained age and Service credit when your Termination of Service occurs, but in no event later than the Expiration Date.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: if any online activity offered by us will allow children under the age of thirteen ( 13 ) to reveal personal data publicly ( for example via un-moderated forums ) , we will obtain parental consent before allowing the child to participate .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall be binding upon, and shall inure to the benefit of, the Parties’ respective successors and permitted assigns. This Agreement shall not be assignable by any Party without the prior written consent of the other Party; provided , however , that, upon thirty (30) days’ prior written notice to the other Party but without the other Party’s prior consent, a Party (i) may assign this Agreement, in whole or in part, to any of its Affiliates provided that the assigning Party shall remain primarily liable under this Agreement and/or (ii) shall assign this Agreement to the successor to such Party in connection with a Change of Control of such Party provided that such successor, in the reasonable judgment of the other Party, is able to perform the assigning Party’s obligations under this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Any notice, demand or request required or permitted to be given under this Agreement shall be in writing and shall be deemed sufficient when delivered personally or by overnight courier or sent by email, or 48 hours after being deposited in the U.S. mail as certified or registered mail with postage prepaid, addressed to the party to be notified at such party's address as set forth on the signature page, as subsequently modified by written notice, or if no address is specified on the signature page, at the most recent address set forth in the Company's books and records.

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: The Company has made available to the Purchasers all the information reasonably available to the Company that the Purchasers have requested for deciding whether to acquire the Shares, including a PowerPoint presentation regarding proposed pharmaceutical development operations (the “ Operating Plan ”). No representation or warranty of the Company contained in this Agreement, as qualified by the Disclosure Schedule, and no certificate furnished or to be furnished to Purchasers at the Closing contains any untrue statement of a material fact or, to the Company’s knowledge, omits to state a material fact necessary in order to make the statements contained herein or therein not misleading in light of the circumstances under which they were made. The Operating Plan was prepared in good faith; however, the Company does not warrant that it will achieve any results projected in the Operating Plan. It is understood that this representation is qualified by the fact that the Company has not delivered to the Purchasers, and has not been requested to deliver, a private placement or similar memorandum or any written disclosure of the types of information customarily furnished to purchasers of securities.

assistant: Disclosures
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: Guarantor agrees to pay, on demand, all attorneys' fees (including attorneys' fees incurred pursuant to proceedings arising under the Bankruptcy Code) and all other costs and expenses which may be incurred by Lender in the enforcement of this Guaranty (including those brought relating to proceedings pursuant to 11 U.S.C.) or in any way arising out of, or consequential to the protection, assertion, or enforcement of the Guaranteed Obligations (or any security therefor), whether or not suit is brought.

assistant: Costs
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: erred in its ruling when it denied Smith’s request to have his trial counsel removed. ■ Smith complained that trial counsel had failed to notify him of his state statutory right pursuant to C.P.L. § 290.10 to testify before the grand jury. New York courts have consistently held that counsel’s failure to ensure that the defendant testifies before the grand jury does not amount to ineffective assistance of counsel. See, e.g., People v. Wiggins, 89 N.Y.2d 872, 675 N.E.2d 845, 653 N.Y.S.2d 91 (N.Y.1996) (“Defense counsel’s failure to timely facilitate defendant’s intention to testify before the Grand Jury does not, per se, amount to a denial of effective assistance of counsel under the circumstance of this case[.]”); People v. Dennis, 295 A.D.2d 755, 744 N.Y.S.2d 534 (App.Div.3d Dept.2002) (<HOLDING>) (alteration in original) (quotation omitted). Options: A. holding that the appropriate vehicle for claims alleging that defense counsel violated a defendants right to testify is a claim of ineffective assistance of counsel B. recognizing a constitutional claim for ineffective assistance of counsel C. holding that defense counsels failure to notify the people that defendant wished to testify before the grand jury does not by itself amount to ineffective assistance of counsel and finding that det fendants conclusory allegation that this failure may have impacted his ability to present a viable defense to be insufficient to support an ineffective assistance of counsel claim D. holding that the failure of defense counsel to object to erroneous punishment charge authorizing an illegal sentence is ineffective assistance of counsel E. holding that failure to object to admissible evidence was not ineffective assistance of counsel

assistant: The best answer is C. holding that defense counsels failure to notify the people that defendant wished to testify before the grand jury does not by itself amount to ineffective assistance of counsel and finding that det fendants conclusory allegation that this failure may have impacted his ability to present a viable defense to be insufficient to support an ineffective assistance of counsel 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 legal provision and list the applicable contract clause categories. Provision: Each Loan Party represents and warrants to Administrative Agent, each Co-Collateral Agent, and each Lender, as an inducement to Administrative Agent, each Co-Collateral Agent, and each Lender to enter into this Agreement, that (a) no Default or Event of Default exists under the Loan Documents, except for Stipulated Defaults that are in existence on the date hereof; (b) subject to the existence of the Stipulated Defaults, the representations and warranties of such Loan Party contained in the Loan Documents were true and correct in all material respects when made and continue to be true and correct in all material respects on the date hereof; (c) the execution, delivery and performance by such Loan Party of this Agreement and the consummation of the transactions contemplated hereby are within the entity power of such Loan Party and have been duly authorized by all necessary corporate or limited liability company action, as applicable, on the part of such Loan Party, do not require any approval or consent, or filing with, any governmental agency or authority, do not violate any provisions of any law, rule or regulation or any provision of any order, writ, judgment, injunction, decree, determination or award presently in effect in which such Loan Party is named or any provision of the Organizational Documents of such Loan Party and do not result in a breach of or constitute a default under any agreement or instrument to which such Loan Party is a party or by which it or any of its Properties is bound; (d) this Agreement constitutes the legal, valid and binding obligation of such Loan Party, enforceable against such Loan Party in accordance with its terms; (e) all Payroll Taxes required to be withheld from the wages of such Loan Party’s employees have been paid or deposited when due; (f) such Loan Party is entering into this Agreement freely and voluntarily with the advice of legal counsel of such Loan Party’s own choosing; (g) such Loan Party has freely and voluntarily agreed to the releases, waivers and undertakings set forth in this Agreement; and (h) no Loan Party intends to commence any Insolvency Proceeding.

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: This Security Agreement, the Credit Agreement, and the other Loan Papers embody the entire agreement and understanding between the Grantors and the Administrative Agent relating to the Collateral and supersede all prior agreements and understandings between the Grantors and the Administrative Agent relating to the Collateral.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as specifically modified or clarified by this Second Amendment, all of the remaining terms and conditions set forth in the Agreement and the First Amendment shall remain unchanged and in full force and effect, all of which are restated, confirmed, ratified, incorporated in and made a part hereof by this reference. This Second Amendment may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same original. By this reference, the foregoing recitals and the attached Appendix D are incorporated in and made a part of this Second Amendment.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Subject to satisfaction of the Initial Performance Target, and except as otherwise provided in Section 3.1 or 3.2, the cash amount that shall be payable in settlement of this Award on the date specified in Section 5 below shall be equal to the Base Cash Amount multiplied by the Performance Multiplier, rounding up to the nearest whole dollar. If the Performance Multiplier is 0%, the Award is forfeited and no cash payment will be paid.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of the bill she sent had a tendency to expose Lieberman to “hatred, contempt, ridicule, or obloquy,” or injury in her occupation. Copp v. Paxton, 45 Cal.App.4th 829, 839, 52 Cal.Rptr.2d 831 (1996). Lieberman failed to demonstrate any such defamatory meaning, and the allegedly inaccurate statement as to the amount of the bill thus cannot sustain a slander claim. Lieberman’s other two examples of “explicit” factual assertions made by Fieger are equally unavailing because they constitute protected opinion. Fieger’s statement that the criminal court “laughed at her and gave her zero” merely offers a hyperbolic and colorful description of the actual outcome: the court denied the request for expert witness fees. See Ferlauto v. Hamsher, 74 Cal.App.4th 1394, 1403, 88 Cal.Rptr.2d 843 (1999) (<HOLDING>). In Lieberman’s ease, as in Ferlauto, Options: A. holding that a motion to continue a hearing on a postjudgment motion was ineffective to extend the period for the trial court to rule on the motion absent the express consent of the parties B. holding in a capital case that the defendant waived his argument that the trial court erred when it denied his motion for a change of venue where the trial court took the motion under advisement but the defendant failed to seek a ruling on the motion and failed to renew the motion after the jurors had been qualified C. holding that statements that the judge laughed at their motion and thought their motion was a joke merely provided colorful descriptions of the incontestable fact that the court indeed denied the motion D. holding that if there is any issue of fact which remains upon a motion for summary judgment the motion must be denied E. holding that a district court judge to whom a case had been reassigned could grant the defendants motion for summary judgment after the previous judge had denied the motion

assistant: The best answer is C. holding that statements that the judge laughed at their motion and thought their motion was a joke merely provided colorful descriptions of the incontestable fact that the court indeed denied the motion
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: (11th Cir.1995); Courson v. McMillian, 939 F.2d 1479, 1498 n. 32 (11th Cir. 1991). The relevant inquiry is “fact specific,” Rodgers v. Horsley, 39 F.3d 308, 311 (11th Cir.1994), and a plaintiff must point to a controlling case, decided before the events at issue, that establishes a constitutional violation on “materially similar” facts. Lassiter v. Alabama A & M Univ., Bd. of Trustees, 28 F.3d 1146, 1150 (11th Cir.1994). As emphasized in Lassiter, “pre-existing law must dictate, that is, truly compel (not just suggest or allow or raise a question about), the conclusion for every like-situated, reasonable government agent that what defendant is doing violated federal law in the circumstances.” Id.; see also Anderson v. Creighton, 483 U.S. 635, 640, 107 S.Ct. 3034, 97 L.Ed.2d 523 (1987) (<HOLDING>). Absent a controlling and factually on-point Options: A. holding that clearly established means the contours of the right were so clear at the time the officials acted that a reasonable official would have understood that what he was doing violated that right B. holding that the relevant dispositive inquiry is whether it would be clear to a reasonable state official that his conduct was unlawful C. holding that for purposes of the second question the right must have been clearly established in a particularized sense such that a reasonable official would have understood that what he was doing violated that right D. holding that plaintiffs complaint stated a claim for a constitutional deprivation but that the contours of the right at issue were not clearly established and that official was therefore entitled to qualified immunity E. holding that the contours of the right must be sufficiently clear that a reasonable official would understand that what he or she is doing violates that right

assistant: The best answer is E. holding that the contours of the right must be sufficiently clear that a reasonable official would understand that what he or she is doing violates that right
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: found in § 503(b) itself, which does not include the Trustee’s quarterly fees in its list of administrative expenses. See 11 U.S.C. § 503(b). The language of § 726 refutes Carter’s argument that the exception found in § 726(b) does not result in elevating the Trustee’s quarterly fee payments above Carter’s legal expenses. Section 726(a) places the Trustee’s fee and the § 503(b) administrative expenses on the same footing. But § 726(b) removes the Chapter 11 § 503(b) expenses from that lofty status. It does not mention the Trustee’s quarterly fees. The only possible result of this omission is that the Trustee’s quarterly fee payments have the same priority as the Chapter 7 administrative expenses. See also In re AM-PM Photo Camera Fashions, Inc., 116 B.R. 222, 222 (Bankr.D.Idaho 1990) (<HOLDING>). The bankruptcy court’s attempt to lump the Options: A. holding that disbursements for purposes of calculating the quarterly fee included payments made by third parties on the debtors behalf B. holding that quarterly fees are administrative expenses like 503b claims and must be subordinated to chapter 7 administrative expenses C. holding that prepayments the debtor made to a lender pursuant to modified settlement agreement that reduced the balance of loan and accrual of interest were considered disbursements for purposes of calculating the quarterly fee D. holding that because the quarterly fee payments are not 503b claims chapter 7 administrative expenses and the quarterly fee payments have the same priority E. holding that the fee applicant bears the burden of showing that an adjustment is necessary to the determination of a reasonable fee

assistant: The best answer is D. holding that because the quarterly fee payments are not 503b claims chapter 7 administrative expenses and the quarterly fee payments have the same priority
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: 412 U.S. at 219-23, 93 S.Ct. 2041. The validity of a consent to search is a question of fact to be determined from all the circumstances. Ohio v. Robinette, 519 U.S. 33, 40, 117 S.Ct. 417, 136 L.Ed.2d 347 (1996); Maxwell v. State, 73 S.W.3d 278, 281 (Tex.Crim.App.2002). The consent must “not be coerced, by explicit or implicit means, by implied threat or covert force.” Schneckloth, 412 U.S. at 228, 93 S.Ct. 2041; see also Allridge v. State, 850 S.W.2d 471, 493 (Tex.Crim.App.1991) (“The consent must be shown to be positive and unequivocal, and there must not be any duress or coercion.”). By the same token, consent is not established by “showing no more than acquiescence to a claim of lawful authority.” Bumper v. North Carolina, 391 U.S. 543, 548-49, 88 S.Ct. 1788, 20 L.Ed.2d 797 (1968) (<HOLDING>). In determining the meaning of a voluntary Options: A. holding that a consent to search that is given only after an official falsely asserts possession of a search warrant is unconstitutional B. holding warrant valid where search warrant application affidavit was signed and probable cause existed for issuance of warrant C. holding threat to obtain a search warrant if individual does not consent to a search is just one factor in deciding whether the totality of the circumstances supports a voluntary consent finding D. holding where officer falsely represented he had a valid search warrant consent not voluntary E. holding that the defendants consent to search was voluntary although he had been served with a subpoena

assistant: The best answer is D. holding where officer falsely represented he had a valid search warrant consent not voluntary
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: six or seven months, they purchased approximately one-half of a kilogram of cocaine to split; (2) Bolware and Chisolm also purchased cocaine powder from an individual named “B” on 20 to 40 different occasions, and Bolware estimated that they received over 50 kilograms of cocaine from “B”; and (3) McCloud testified that on approximately 20 occasions from January through June 2006, he would buy 4 or 5 crack cocaine “cookies,” which were approximately 21 to 23 grams each, from Chisolm and Bolware. This evidence was sufficient for a reasonable jury to find beyond a reasonable doubt that Chisolm conspired to distribute and possess with intent to distribute more than 50 grams of cocaine base between April 17, 2006, and June 3, 2008. See Hernandez, 433 F.3d at 1333; Thompson, 422 F.3d at 1292 (<HOLDING>). Because the evidence was sufficient for a Options: A. holding that circumstantial evidence alone is sufficient to support a cocaine conspiracy conviction B. holding that simple possession of cocaine is not lesser included offense of conspiracy to possess cocaine with intent to distribute C. holding similar evidence sufficient to sustain a jury verdict of possession with intent to distribute cocaine D. recognizing the existence of the special relationship E. holding that sufficient evidence supported conspiracy because the government established the existence of a continuing relationship between mr stratton and ms thompson in which mr stratton would supply ms thompson cocaine the bulk of which she would distribute to customers

assistant: The best answer is E. holding that sufficient evidence supported conspiracy because the government established the existence of a continuing relationship between mr stratton and ms thompson in which mr stratton would supply ms thompson cocaine the bulk of which she would distribute to customers
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: OpCo hereby represents and warrants to the Company that, except as set forth on Annex C attached hereto, to the knowledge of OpCo (after reasonable inquiry) (i) the execution and delivery of this Agreement by OpCo and (ii) the performance by OpCo of its obligations under this Agreement do not violate, in any material respect, applicable law.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: creation of fabricated referral paperwork.” We disagree. Fabricating paperwork to deceive the Government into paying money can support the sophisticated means enhancement. See United States v. Pierce, 643 Fed.Appx. 500, 503 (6th Cir. 2016); see also United States v. Crosgrove, 637 F.3d 646, 667 (6th Cir. 2011). Hut the district court did not rest its decision solely on Griffith’s creation of fabricated referral paperwork, The district court determined that Griffith used sophisticated means by recruiting Medicare beneficiaries, creating fraudulent referral paperwork, and posing as a licensed physician to prescribe narcotics and home healthcare services to patients. In light of this evidence, the district court’s decision was hot clearly erroneous. See Mahmud, 541 Fed. Appx. at 636 (<HOLDING>). C. Griffith’s third and final challenge to Options: A. holding that district court did not err in finding that similar scheme involved sophisticated means B. holding that the district court did not err in determining that inadvertent disclosure did not result in waiver C. holding that district court did not clearly err in giving twolevel enhancement for similar conduct D. holding that based upon means similar to or supported by E. holding that trial court did not err

assistant: The best answer is A. holding that district court did not err in finding that similar scheme involved sophisticated means
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The following provisions of this Agreement, as well as the provisions of this Agreement which by their nature are intended to survive the termination, cancellation, completion or expiration of this Agreement, shall continue as valid and enforceable obligations of the Parties notwithstanding any such termination, cancellation, completion or expiration.

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

user: xiii) required to be disclosed pursuant to a governmental or legal requirement provided that the disclosing party gives to the other party written notice of such requirement prior to any such disclosure. No media releases, public announcements or public disclosure by either party relating to this Agreement, its subject matter or the Information, including but not limited to promotional or marketing, shall be made without the prior written consent of the other party.

assistant: No
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: drinking problem and Dr. Krop testified that his substance abuse aggravated a frontal lobe disorder. Critically, the State concedes that appellant suffered such addictions. Because appellant’s evidence of alcohol and substance abuse is uncontested, the trial court erred in declining to find this mitigating factor. See Mahn, 714 So.2d at 400-01. Nevertheless, we find this error to be harmless given the weighty aggravating factors present. See Pietri v. State, 644 So.2d 1347, 1354-55 (Fla.1994)(applying harmless error analysis to trial court’s erroneo 96)(affirming death sentence after proportionality review where defendant had one aggravator consisting of a prior second-degree murder, with several non-statutory mitigating circumstances); Pope v. State, 679 So.2d 710, 713, 716 (Fla.1996)(<HOLDING>); Johnson v. State, 660 So.2d 637, 641, 648 Options: A. holding imposition of the death penalty proportionate where the trial court found two aggravating circumstances ccp and contemporaneous murder two statutory mitigating factors and a number of nonstatutory mitigating factors B. holding death penalty proportionate where the trial court found ccp and three other aggravators and twentynine nonstatutory mitigators C. holding death penalty proportionate where there were two aggravating factorsthe murder was committed for pecuniary gain and defendant had been convicted of a prior violent felonyand where there were two statutory and three nonstatutory mitigating circumstances D. holding death sentence proportionate where defendant murdered exgirlfriends daughter and court upheld four aggravating circumstances ccp hac murder committed while engaged in a kidnapping and previous capital felony and four nonstatutory mitigating circumstances mental illness at time of crime good father would die in prison if given life sentence and no disciplinary problems in prison E. holding death penalty proportionate where there were two aggravating factors avoiding arrest and commission during course of a burglary with some nonstatutory mitigation

assistant: The best answer is C. holding death penalty proportionate where there were two aggravating factorsthe murder was committed for pecuniary gain and defendant had been convicted of a prior violent felonyand where there were two statutory and three nonstatutory mitigating circumstances
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: so blizzard entertainment does not recognize any property claims outside of world of warcraft or the purported sale , gift or trade in the `` real world '' of anything related to world of warcraft .

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: you agree that you will not attempt to modify any digital goods obtained through any of the services for any reason whatsoever , including for the purpose of disguising or changing ownership or source of the digital goods .

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 to the extent provided in an employment agreement which is approved by the Committee or which is executed by an elected officer of the Company, at the level of the Company’s Executive Vice President, Chief Human Resources Officer or above, the Terms and Conditions constitute the entire understanding and agreement between the Company and the Participant with respect to the subject matter hereof and supersede all prior and contemporaneous agreements or understandings, inducements or conditions, express or implied, written or oral, between the Company and the Participant with respect hereto. The express terms of the Terms and Conditions control and supersede any course of performance or usage of the trade inconsistent with any of the terms hereof.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The illegality or unenforceability of any provision of this Loan Agreement or any instrument or agreement required hereunder shall not in any way affect or impair the legality or enforceability of the remaining provisions of this Loan Agreement or such instrument or agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed in two or more counterparts, each of which shall be deemed an original and all of which together shall be deemed to be one and the same instrument. Signatures delivered by facsimile shall be effective for all purposes.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Rights and obligations under this Agreement which by their nature should survive (such as Lane’s rights to indemnification and expense advancement under the last paragraph of Paragraph 8 hereof) will remain in effect after termination of this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The term of Rodman’s exclusive engagement will begin on the date hereof and end 30 days after the date hereof (the “ Term ”). Notwithstanding anything to the contrary contained herein, the Company agrees that the provisions relating to the payment of fees, reimbursement of expenses, indemnification and contribution, confidentiality, conflicts, independent contractor and waiver of the right to trial by jury will survive any termination of this Agreement. During Rodman’s engagement hereunder: (i) the Company will not, and will not permit its representatives to, other than in coordination with Rodman, contact or solicit institutions, corporations or other entities or individuals as potential cash purchasers of the Securities but this shall not prohibit the Company from engaging in discussions with respect to potential mergers and acquisitions or any strategic transactions and (ii) the Company will not pursue any financing transaction which would be in lieu of an Offering. Furthermore, the Company agrees that during Rodman’s engagement hereunder, all inquiries, whether direct or indirect, from prospective investors (not otherwise carved out in the prior sentence) will be referred to Rodman and will be deemed to have been contacted by Rodman in connection with an Offering.

assistant: Terms
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 irrevocably submits to the exclusive jurisdiction of the State and Federal courts located in New York County, New York, for the purposes of any suit, action or other proceeding arising out of this Agreement or the transactions contemplated hereby. Each Party further agrees that service of any process, summons, notice or document by U.S. registered mail to such Party’s respective address set forth above shall be effective service of process for any action, suit or proceeding in Los Angeles, California with respect to any matters to which it has submitted to jurisdiction in this Section 11.10 . Each Party irrevocably and unconditionally waives any objection to the laying of venue of any action, suit or proceeding arising out of this Agreement or the transactions contemplated hereby in the State and Federal courts located in New York County, New York, and hereby further irrevocably and unconditionally waives and agrees not to plead or claim in any such court that any such action, suit or proceeding brought in any such court has been brought in an inconvenient forum.

assistant: Consent To Jurisdiction
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 L/C Participants agree to indemnify each Issuing Lender (or any Affiliate thereof) (to the extent not reimbursed by the Parent Borrower or any other Loan Party and without limiting the obligation of the Parent Borrower to do so as and to the extent provided herein), ratably according to their respective Revolving Commitment Percentages in effect on the date on which indemnification is sought under this Section 3.10, from and against any and all liabilities, obligations, losses, damages, penalties, actions, judgments, suits, costs, expenses or disbursements of any kind whatsoever which may at any time be imposed on, incurred by or asserted against the Issuing Lenders (or any Affiliate thereof) in any way relating to or arising out of this Agreement, any of the other Loan Documents or the transactions contemplated hereby or thereby or any action taken or omitted by any Issuing Lender (or any Affiliate thereof) under or in connection with any of the foregoing; provided that no L/C Participant shall be liable for the payment of any portion of such liabilities, obligations, losses, damages, penalties, actions, judgments, suits, costs, expenses or disbursements to the extent arising from the gross negligence or willful misconduct of such Issuing Lender (or any Affiliate thereof). The obligations to indemnify each Issuing Lender (or any Affiliate thereof) shall be ratable among the applicable L/C Participants in accordance with their Revolving Commitment Percentages. The agreements in this Section 3.10 shall survive the termination of the Revolving Commitments.

assistant: Indemnity