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: The Employer shall furnish the Executive with coverage under the Employer’s customary director and officer indemnification arrangements in accordance with the Employer’s by-laws and its directors’ and officers’ insurance policies, as in effect from time to time for executives or directors at his level.

assistant: Insurances
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 scores of the top players to the spectators, who are present under a license from the PGA Tour which prevents their dissemination of the scores off the course. 19 . Currently, the PGA Tour allows Morris to publish the scores as quickly as it can re-key them from the media center, but the PGA Tour does not allow Morris to sell or syndicate that information. Also, a compiler of information can limit the dissemination of that information through contracts, including contracts found on tickets. See ProCD Inc. v. Zeidenberg, 86 F.3d 1447, 1451 (7th Cir.1996) 20 .Even if the information were in the public domain, the PGA Tour would have the ability to limit the use of the information it provides to Morris under contract law. See ProCD Inc. v. Zeidenberg, 86 F.3d 1447 (7th Cir.1996)(<HOLDING>). 21 . Morris has been capitalizing on this Options: A. holding as a matter of law that adaptations of subject matter or expressions in the public domain cannot support a finding of copyright infringement B. holding that while the computer program at issue was within the subject matter of copyright the right sought under state law pursuant to a license was not equivalent to the exclusive rights under copyright as such copyright preemption did not apply C. holding that as a matter of law adaptations of public domain expression cannot support a finding of copyright infringement D. holding that producers of a cd consisting of the content of publicly available phone books could under contract law enjoin purchasers from selling the information which was clearly in the public domain and not protected by copyright E. holding that where some radio scripts from aradio show had entered the public domain and others were protected by copyright plaintiff was entitled to use the public domain material without a license

assistant: The best answer is D. holding that producers of a cd consisting of the content of publicly available phone books could under contract law enjoin purchasers from selling the information which was clearly in the public domain and not protected by copyright
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: Tenant will promptly, and in all events within thirty (30) days following the filing of same, remove and discharge, and shall indemnify, defend and hold Landlord harmless from and against any lien, charge, claim, security interest or encumbrance which may attach to, upon or against the Premises or any portion thereof, arising out of the possession, use, occupancy, construction, operation, supply, repair, or rebuilding by reason of the furnishing of labor, services, materials or equipment by a contractor or material supplier or anyone else who is entitled to mechanics' lien under applicable law (a “ Mechanics' Lien ”). Notwithstanding the foregoing, Tenant may reserve the right to contest the validity or amount of any such Mechanics' Lien in good faith, provided that, within thirty (30) days after the filing of such Mechanics' Lien, Tenant discharges said Mechanics' Lien of record or records a bond eliminating said Mechanics' Lien as an encumbrance against the Landlord's interest in the Premises. If Tenant fails to remove any Mechanics' Lien against Landlord's interest, Landlord may, in addition to any other right or remedy, but shall not be obligated to, take such action as Landlord shall reasonably determine to remove such Mechanics' Lien, and all costs and expenses incurred by Landlord, including, without limitation, amounts paid in good faith settlement of such Mechanics' Lien and attorneys' fees and costs, shall be paid by Tenant. Tenant's obligations pursuant to this Section shall survive the expiration or earlier termination of this Lease.

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 case excerpt and choose the best holding from the options. Case excerpt: nothing, so they could not be more probative than the testimony of TK. C. MIL. R. EVID. 803(2) AND STATEMENTS OF ALLEGED VICTIM TO HER MOTHER Assignment of Error III has merit. The error is not harmless. Art. 59(a), UCMJ, 10 U.S.C. § 859(a). As noted earlier, according to Mrs. Knox’s testimony, upon learning that her mother would not be present for the January 1992 visit with the appellant, CK told her mother that she did not want to go because she thought the appellant was going to hurt her. Record at 28-32. This resulted in an argument between Mrs. Knox and CK which resulted in Mrs. Knox’s temper rising and CK becoming upset. Id. At this time CK told her mother that the appellant did nasty things to her. Mrs. Knox inquired as to what the nasty things were that the appellant did, an 7)(<HOLDING>); United States v. Spychala, 40 M.J. 647 Options: A. holding objection to expert report made in trial court must comport with complaint asserted on appeal B. holding report must be made at first opportunity to make complaint privately to be admissible under mil r evid 8032 C. holding that under fedrevid 702 expert testimony must be reliable to be admissible D. recognizing that a 11 evidence must be relevant to be admissible E. holding that privately operated prisons may not be sued under the bivens doctrine

assistant: The best answer is B. holding report must be made at first opportunity to make complaint privately to be admissible under mil r evid 8032
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: court entered judgment in favor of Martyn on these counts, and Vining raised five points on appeal challenging the judgment. We affirm on all of appellant’s points, but reverse based on a consideration of both points regarding damages that Martyn raised on her cross-appeal. As to Martyn’s first point on cross-appeal, we agree that the trial court should have awarded prejudgment interest from the date the theft occurred. See Florida Steel Corp. v. Adaptable Dev., Inc., 503 So.2d 1232 (Fla.1986) (under the “loss theory” applicable in Florida, prejudgment interest is merely another element of compensatory damages and that once a defendant is held liable for a plaintiffs damages “interest should follow as a matter of law”); O’Donnell v. Arcoiries, Inc., 561 So.2d 344 (Fla. 4th DCA 1990) (<HOLDING>). We are not persuaded by Vining’s argument Options: A. holding that prejudgment interest is based on the amount of the judgment not the total amount of damages awarded by the jury because nonsettling defendants have no control over settlement negotiations and should not be forced to pay prejudgment interest on settling defendants parts of a damages award B. holding that prejudgment interest is in the nature of compensatory damages and therefore should be included in judgment finally obtained C. holding prayer for general relief does not support award of commonlaw prejudgment interest as element of damages D. recognizing that prejudgment interest was an element of damages in a civil theft ease E. holding that prejudgment interest may include compound interest

assistant: The best answer is D. recognizing that prejudgment interest was an element of damages in a civil theft ease
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: You agree to keep the existence and terms of this Agreement confidential (unless it is made public by the Company) provided that (1) you are authorized to make any disclosure required of you by any federal, state or local laws or judicial proceedings, after providing the Company with prior written notice and an opportunity to respond to such disclosure (unless such notice is prohibited by law), (2) you and your representatives and agents may disclose to any and all persons, without limitation of any kind, the tax treatment and tax structure of this Agreement and all materials of any kind (including opinions or other tax analyses) that are provided to you relating to such tax treatment or structure, and (3) you may disclose this Agreement in connection with any action by you to enforce this Agreement.

assistant: 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: [the procedural requirements of section 3664] is harmless error absent actual prejudice to the defendant.” United States v. Cienfuegos, 462 F.3d 1160, 1163 (9th Cir.2006). That principle follows because “the procedural requirements of section 3664 were designed to protect victims, not defendants.” Id. Specifically, “ ‘the purpose behind the statutory ninety-day limit on the determination of victims’ losses is not to protect defendants from drawn-out sentencing proceedings or to establish finality; rather, it is to protect crime victims from the willful dissipation of defendants’ assets.’” Id. (alteration omitted) (quoting United States v. Zakhary, 357 F.3d 186, 191 (2d Cir.2004)). Here, Defendants received oral notice at sentencing that they would be ordered to pay restitution. See id. (<HOLDING>). Defendants have made no showing of prejudice Options: A. holding that more than notice to a defendant is required B. holding that there was no actual prejudice where the defendant has the functional equivalent of the notice required C. holding that there is no prejudice where the racial reference was for purposes of identification D. holding that an ea prepared by an agency in that case was not the functional equivalent of an eis E. holding suppression not required where the government mailed the required notice 34 days after the 90day statutory period because defendant had access to the recorded calls and transcripts and failed to demonstrate actual prejudice

assistant: The best answer is B. holding that there was no actual prejudice where the defendant has the functional equivalent of the notice required
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: kicking Perez and threatening Perez with serious injury or death, and that Perez was 'not capable of protecting himself, even if no kick was actually administered by Marquez. The scenario may look different when gauged against the “20/20 vision of hindsight,” but we must look at the situation as a reasonable officer in Gutierrez’s position could have perceived it. Saucier, 533 U.S. at 205, 121 S.Ct. 2151(quoting Graham v. Connor, 490 U.S. 386, 396, 109 S.Ct. 1865, 104 L.Ed.2d 443 (1989)) (internal quotation marks omitted). In that light, we believe that a reasonable officer could believe that shooting one inmate in the leg to stop an assault that could have seriously injured or killed another inmate was a good faith effort to restore order, and thus lawful. Cf. Jeffers, 267 F.3d at 912(<HOLDING>) (quoting Whitley, 475 U.S. at 320, 106 S.Ct. Options: A. holding that apprehension by the use of deadly force is a seizure B. holding that expert testimony on what constitutes deadly physical force and whether the use of force was justified should have been excluded C. holding that under whitley a prison guard is permitted to use deadly force in a good faith effort to maintain or restore discipline D. holding intent to use or threaten to use force is required under 2l12bla E. holding that the core judicial inquiry in resolving an eighth amendment excessive force claim is whether force was applied in a goodfaith effort to maintain or restore discipline or maliciously and sadistically to cause harm

assistant: The best answer is C. holding that under whitley a prison guard is permitted to use deadly force in a good faith effort to maintain or restore discipline
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: in this court. Beyond the record provided for a direct appeal, Golden is not entitled to free transcripts to assist in the preparation of either a postconviction motion or a petition for extraordinary relief. Goggins v. Pinellas Co., Cir. Ct. of Sixth Jud. Cir., 685 So.2d 1334, 1335 (Fla. 2d DCA 1996). As the trial court pointed out in its dismissal order, the transcripts requested are a part of the record for his direct appeal. Golden is not entitled to anything more. A motion to credit jail time is normally a motion authorized by Florida Rule of Criminal Procedure 3.800(a). Hines v. State, 842 So.2d 999, 1000 (Fla. 2d DCA 2003). However, rule 3.800(a) prohibits the filing of such a motion during the pendency of a direct appeal. See Day v. State, 770 So.2d 1262 (Fla. 1st DCA 2000) (<HOLDING>). Since Golden filed his motion during the Options: A. holding that since district court of appeal properly found that the trial court lacked jurisdiction to rule on a 3850 motion during the pendency of a direct appeal the district court of appeal should have vacated the order rather than affirming on the merits B. holding that a rule 3800a motion that does not allege that the court records show the defendants entitlement to additional jail credit is facially insufficient C. holding that the failure of a written sentence to conform to the courts oral pronouncement cannot be raised in a rule 3800a motion D. holding that the public defender was not authorized to file a motion collaterally attacking the defendants sentence and affirming the trial courts dismissal of perrys rule 3800a motion filed by the public defender without prejudice to perrys right to file such a motion pro se E. holding that effective january 13 2000 a party may not file a rule 3800a motion during the pendency of a direct appeal

assistant: The best answer is E. holding that effective january 13 2000 a party may not file a rule 3800a motion during the pendency of a direct appeal
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 Administrative Agent and the Lenders waive any Default or Event of Default arising solely due to any or all of the following, to the extent occurring before the Second Amendment Date: (a) Company’s failure to provide (i) the certificate of its independent registered certified public accountant as required by Section 5.01(a)(ii) of the Existing Credit Agreement, (ii) any management letters prepared by its certified public accounts as required by Section 5.01(a)(iii) of the Existing Credit Agreement, and (iii) written notice to the Administrative Agent of the acquisition of Matrix Applied Technologies, LTD. and Matrix Applied Technologies PTY LTD., each a Foreign Subsidiary, within ten (10) days thereof as required by Section 5.09(a) of the Credit Agreement, and (b) Borrowers’ breach of the representation and warranty set forth in the second sentence of Section 3.17 of the Existing Credit Agreement.

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 legal provision and list the applicable contract clause categories. Provision: The Borrower and each Restricted Subsidiary will comply with all laws, including all orders of any Governmental Authority, applicable to it or its property (including Environmental Laws), except where the failure to do so, individually or in the aggregate, would not reasonably be expected to result in a Material Adverse Effect. The Borrower will implement and maintain policies and procedures designed to reasonably ensure compliance by the Borrower and the Restricted Subsidiaries and their respective directors, officers, employees and agents (in each case acting in their capacities as such) with applicable Anti-Corruption Laws and Sanctions.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: III 1994). AirTouch argues that the CUP denial “frustrates the establishment of a nationwide cellular service network as intended by the Communications Act and the FCC rules ... because it effectively prohibits, unreasonably restricts and improperly interferes with the installation of a cellular communication facility....” (Complaint at ¶ 48.) In support of its argument it cites two cases: 360 Communications Co. v. Bd. of Supervisors of Albembarle Co., 50 F.Supp.2d 551 (W.D.Va.1999) and Paging Inc. v. Bd. of Zoning Appeals for County of Montgomery, 957 F.Supp. 805 (W.D.Va.1997). However, both of these cases find preemption only because local zoning authorities acted in such a way as to violate provisions of the Telecommunications Act. See 360 Communications Co., 50 F.Supp.2d at 562 (<HOLDING>); Paging, Inc., 957 F.Supp. at 808 (noting that Options: A. holding that in the limited circumstances when local zoning authorities actions prohibit personal wireless service the act preempts local zoning law B. holding a state agency is subject to local zoning restrictions absent legislative direction to the contrary C. holding that a zoning commission was capable of being sued directly under section 1983 because zjoning commissions function legislatively when adopting zoning regulations and holding public hearings for the adjudication of individual petitions for zoning redress D. holding that the legislature did not intend the state to be bound by local zoning regulations when constructing a communications tower because the legislature neither named the state nor manifested an intention that it be bound by the provisions of the enabling act which granted zoning authority to the city E. holding that where a zoning board had no authority under state law to take certain actions with respect to a protected property interest a trier of fact could conclude that there was no rational basis for the towns zoning boards actions and that as a result the zoning board violated appellants rights to substantive due process

assistant: The best answer is A. holding that in the limited circumstances when local zoning authorities actions prohibit personal wireless service the act preempts local zoning law
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: for the prosecution to point out inconsistencies in Edwards’ defense strategy. (c) Edwards argues the State improperly commented on his objection to the admission of the cocaine into evidence. At the outset, we reject the State’s contention that Edwards failed to preserve this objection because the transcript shows defense counsel objected. See Hall v. State, 180 Ga. App. 881 (350 SE2d 801) (1986). However, even assuming the State’s comment was improper, we cannot say it is highly probable that the improper remark contributed to the verdict. Id. at 885. Thus, even if we were to determine the State’s argument was improper and inflammatory, such argument did not likely affect the verdict and Edwards’ conviction must be affirmed. Miles v. State, 183 Ga. App. 346 (358 SE2d 904) (1987) (<HOLDING>). (d) Next we address Edwards’ contention that Options: A. recognizing that if a guidelines error did not affect the district courts selection of the sentence imposed the sentence should be affirmed B. holding the prosecutors argument if it was there they can bring it to you was not an improper jury argument C. holding on habeas review that counsels failure to object to improper argument at trial did not prejudice petitioner where other evidence supported a guilty verdict and the jury was told closing argument was not evidence D. holding that although states argument was improper and inflammatory conviction was affirmed because it probably did not affect the verdict E. holding prosecutors statement that defendants testimony was outandout lies not improper because not excessive or inflammatory

assistant: The best answer is D. holding that although states argument was improper and inflammatory conviction was affirmed because it probably did not affect the verdict
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 Amendment shall become effective as of the first date (the “ First Amendment Effective Date ”) on which the Administrative Agent (or its counsel) shall have received duly executed counterparts hereof that bear the authorized signatures of Borrower.

assistant: Effectiveness
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 and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, clinical trial insurance coverage and directors and officers insurance coverage. Neither the Company nor any such Subsidiary has been refused any insurance coverage sought or applied for and neither the Company nor any such Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.

assistant: Insurances
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: it is at best neutral. The Sales Agreement did confer authority upon JCI to control the products Travid sold and where Travid sold such products. But, this authority is not of concern to the Court here because it does not reflect day-to-day employee duties. There is some evidence that Plaintiff took instruction on occasion from JCI employees. This instruction seems discrete and does not evidence any significant control over Plaintiffs work. Moreover, the confidentiality provision is likewise of little import here. It does not significantly affect Plaintiffs day-to-day activities. At bottom, there is simply insufficient evidence that JCI had any significant control over employees’ conduct at Travid. See Cella v. Villanova Univ., No. 01-7181, 2003 WL 329147, at *8 (E.D.Pa. Feb. 3, 2003) (<HOLDING>); Zarnoski v. Hearst Bus. Commc’ns, Inc., No. Options: A. recognizing ability of one or more joint tortfeasors to settle on behalf of themselves and another joint tortfeasor and then pursue that joint tortfeasor for its share of the settlement payment B. holding no joint employer status despite some isolated incidents of supervision C. holding that simple teasing offhand comments isolated incidents unless extremely serious are not discriminatory changes in the terms and conditions of employment D. holding that to meet his burden the plaintiff must show more than a few isolated incidents and that evidence solely of sporadic discrimination does not suffice E. holding that the rights conferred to a joint account holder by massachusetts statutes and case law in fact give a joint account holder legal title in a joint account

assistant: The best answer is B. holding no joint employer status despite some isolated incidents of supervision
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. No representation or warranty of the Company contained in this Agreement, as qualified by the schedules attached hereto, and no certificate furnished or to be furnished to the Purchasers at the Closing contains any untrue statement of a material fact or 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.

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: No Event of Default, or to such Credit Party’s knowledge, Default, has occurred and is continuing. No Credit Party is in breach or default under or with respect to any contract, agreement, lease or other instrument to which it is a party or by which its property is bound or affected, which breach or default could reasonably be expected to have a Material Adverse Effect.

assistant: No Defaults
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: Ms. Jernigan’s claim, and she has offered no explanation on appeal for the 6-year delay in returning Form 21-526 to VA. At oral argument, counsel for Ms. Jernigan asserted that, although he did not know whether Ms. Jernigan relied on the allegedly misleading notice, one could presume that she had from the notice itself and the subsequent delay in submitting the formal application form, but he offered no authority for such a presumption, and our caselaw does not allow it. “The record simply does not support any assertion that the notice lulled the appellant into failing to act, and [her] arguments must be rejected because they are not supported by any demonstrable prejudice.” Edwards, 22 Vet.App. at 35; see Shinseki v. Sanders, 556 U.S. 396, 409, 129 S.Ct. 1696, 173 L.Ed.2d 532 (2009) (<HOLDING>). C. Due Process In her briefs, Ms. Jernigan Options: A. holding the appellant carries the burden of demonstrating error in the family courts findings of fact B. holding that the party asserting notice error has the burden of demonstrating prejudice C. holding that the party asserting work product protection has the burden of establishing that the doctrine applies D. holding that an appellant bears the burden of demonstrating error on appeal E. holding that the burden of proof lies on the party asserting the protection of the work product doctrine

assistant: The best answer is B. holding that the party asserting notice error has the burden of demonstrating prejudice
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: 7.2.3 you represent and warrant that any listing you post and the booking of , or a guest 's stay at , an accommodation will ( i ) not breach any agreements you have entered into with any third parties , such as homeowners association , condominium , or other agreements , and ( ii ) comply with all applicable laws ( such as zoning laws ) , tax requirements , and other rules and regulations ( including having all required permits , licenses and registrations ) .

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: Each Purchaser, severally and not jointly with the other Purchasers, covenants that neither it, nor any Affiliate acting on its behalf or pursuant to any understanding with it will execute any purchases or sales, including Short Sales, of any of the Company’s securities during the period commencing with the execution of this Agreement and ending at such time that the transactions contemplated by this Agreement are first publicly announced pursuant to the initial press release as described in Section 4.4. Each Purchaser, severally and not jointly with the other Purchasers, covenants that until such time as the transactions contemplated by this Agreement are publicly disclosed by the Company pursuant to the initial press release as described in Section 4.4, such Purchaser will maintain the confidentiality of the existence and terms of this transaction and the information included in the Disclosure Schedules. Notwithstanding the foregoing and notwithstanding anything contained in this Agreement to the contrary, the Company expressly acknowledges and agrees that (i) no Purchaser makes any representation, warranty or covenant hereby that it will not engage in effecting transactions in any securities of the Company after the time that the transactions contemplated by this Agreement are first publicly announced pursuant to the initial press release as described in Section 4.4, (ii) no Purchaser shall be restricted or prohibited from effecting any transactions in any securities of the Company in accordance with applicable securities laws from and after the time that the transactions contemplated by this Agreement are first publicly announced pursuant to the initial press release as described in Section 4.4 and (iii) no Purchaser shall have any duty of confidentiality or duty not to trade in the securities of the Company to the Company or its Subsidiaries after the issuance of the initial press release as described in Section 4.4. Notwithstanding the foregoing, in the case of a Purchaser that is a multi-managed investment vehicle whereby separate portfolio managers manage separate portions of such Purchaser’s assets and the portfolio managers have no direct knowledge of the investment decisions made by the portfolio managers managing other portions of such Purchaser’s assets, the covenant set forth above shall only apply with respect to the portion of assets managed by the portfolio manager that made the investment decision to purchase the Securities covered by this Agreement.

assistant: Confidentiality
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: 481 U.S. 736 107 S.Ct. 2093 95 L.Ed.2d 693 John William RAY, Petitionerv.UNITED STATES. No. 86-281. May 18, 1987. PER CURIAM. 1 Petitioner was found guilty of one count of conspiracy to possess cocaine with intent to distribute, and two counts of possession of cocaine with intent to distribute. He was sentenced to concurrent 7-year prison terms on all three counts, and to concurrent special parole terms of five years on the two possession counts. The Court of Appeals affirmed petitioner's conspiracy conviction and one of his possession convictions. United States v. Sandoval, 791 F.2d 929 (CA5 1986) (judg. order). Applying the so-called "concurrent sentence doctrine," the court declined to review the second possession conviction because the sentences on the two possession counts were concurrent. We granted certiorari to review the role of the concurrent sentence doctrine in the federal courts. 479 U.S. 960, 107 S.Ct. 454, 93 L.Ed.2d 400 (1986). 2 It now appears, however, that petitioner is not in fact serving concurrent sentences. Title 18 U.S.C. § 3013 (1982 ed., Supp. III) provides that district courts shall assess a monetary charge "on any person convicted of an offense against the United States." Pursuant to this section, the District Court imposed a $50 assessment on each count, in addition to the concurrent prison and parole terms, for a total of $150. Since petitioner's liability to pay this total depends on the validity of each of his three convictions, the sentences are not concurrent. The judgment of the Court of Appeals is therefore vacated, and the cause is remanded to that court so that it may consider petitioner's challenge to his second possession conviction. 3 It is so ordered.

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 case excerpt and choose the best holding from the options. Case excerpt: the sort of question which can be decided only in the concrete factual context of the individual case * * * ”, (Sibron v. New York, 392 U.S. 1. c. 59, 88 S.Ct. 1. c. 1901), Judge Donnelly in the Moody opinion noted: “ * * * We limit the holding in this case to ‘the precise facts to which it is to be applied’ * * * ”, 443 S.W.2d 1. c. 804. It is also argued the trilogy of cases in the Durham litigation upheld an automobile search and seizure similar to that involved herein. Durham, however, involved not only search incident to arrest, but the added factors of visibility of a portion of the stolen goods on the floor of the auto and safety of the arresting officers (the automobile was driven by the three suspects to the police station behind the police car). State v. Novak, 42 d 283 (<HOLDING>); and Dyke v. Taylor Implement Manufacturing Options: A. holding that sniff test of automobile trunk not a search requiring probable cause B. holding that an officer had probable cause to search bags in the trunk of the car when he opened the trunk and smelled a strong odor of methamphetamine C. holding trunk search was for general exploration not for detaining prisoner or preventing escape D. holding search of trunk unnecessary to protect officers or prevent defendants escape E. holding that although search of passenger compartment was legal search of trunk was not

assistant: The best answer is D. holding search of trunk unnecessary to protect officers or prevent defendants escape
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: defense counsel about the question and respond to the jury prior to the verdict; (2) the Illinois Appellate Court’s determination that the trial judge did not unreasonably delay in answering the jury’s question prior to the verdict was unreasonable in light of the evidence; and (3) the Illinois Appellate Court found that the trial judge erred in not informing defense counsel of the note after the verdict but applied the wrong burden analysis, contrary to Supreme Court precedent. A. The Trial Court’s Actions Prior to the Verdict Crockett’s legal challenge focuses upon his right to a fair trial, his right to counsel, and his right to be present during all stages of trial. He cites several Supreme Court cases: Maine v. Moulton, 474 U.S. 159, 176, 106 S.Ct. 477, 88 L.Ed.2d 481 (1985) (<HOLDING>); United States v. Wade, 388 U.S. 218, 236-37, Options: A. holding that sixth amendment not violated when defendant makes incriminating statements after indictment to persons who are not related to the government B. holding that states use of informant to obtain incriminating evidence from defendant about pending charges violated defendants sixth amendment right to counsel notwithstanding that state was also investigating other charges as to which the sixth amendment right to counsel had not attached C. holding that the sixth amendment right of confrontation applies to all three phases of the capital trial and that the admission of hearsay statements of codefendants in the penalty phase violated the confrontation clause D. holding that the sixth amendment is violated when the state obtains incriminating statements by knowingly circumventing the accuseds right to have counsel present in a confrontation between the accused and a state agent E. holding that waiver by attorney was binding upon the accused when before the state introduced the evidence complained of on appeal counsel for the state in the presence of the accused and his counsel stated the agreement and the evidence of the witness was then read to the jury in the presence of the accused and his counsel without objection

assistant: The best answer is D. holding that the sixth amendment is violated when the state obtains incriminating statements by knowingly circumventing the accuseds right to have counsel present in a confrontation between the accused and a state agent
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: Agency, Advertiser, and Media Company will at all times comply with all federal, state, and local laws, ordinances, regulations, and codes which are applicable to their performance of their respective obligations under the IO.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as provided in Section 6.1 and as otherwise specifically provided for herein, the Parties shall pay all of their own respective fees, costs and expenses (including fees, costs and expenses of legal counsel, investment bankers, brokers and other representatives and consultants) incurred in connection with the negotiation of this Agreement, the performance of their obligations under this Agreement and the consummation of the transactions contemplated by this Agreement.

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: the motion court found: Movant’s counsel’s strategy was to resolve the Federal Charges before the State Court charges, so that any sentences on the State Court charges could be run concurrently with the sentences imposed on the Federal charges. Trial counsel believed that if Movant was first sentenced on the State Court charges, the subsequent federal sentences would almost certainly be run consecutive to the State Court sentences. Therefore, trial counsel’s trial strategy was to continue Movant’s State Court case [ ] to be resolved after the Federal Court case was resolved. It is not ineffective assistance of counsel to make a reasonable strategic decision designed to benefit a defendant in the sentencing proceedings. See, e.g., State v. Nunley, 923 S.W.2d 911, 923 (Mo. banc 1996) (<HOLDING>). Point denied. 2. Alleged Violation of the Options: A. holding that counsel was not ineffective for failing to present mitigating evidence at sentencing because the trial record clearly indicated that the sentencing judge was aware of many of the mitigators that counsel was presenting to this court on appeal B. holding that because appellant had waived review of constitutional challenge to sentencing statute by failing to raise it at the first opportunity the trial court correctly proceeded to examine whether the appellants trial counsel was ineffective for failing to raise constitutional challenges to the sentencing statutes C. holding it was reasonable trial strategy for counsel to have determined that sentencing by the court was preferable to sentencing by a jury D. holding that the constitutional level of punitive damages is not a finding of fact that must be determined by the jury it may be determined de novo by the court E. holding that constitution protected right to counsel at sentencing even where it was waived at trial

assistant: The best answer is C. holding it was reasonable trial strategy for counsel to have determined that sentencing by the court was preferable to sentencing by a jury
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: to the extent those supplemental terms conflict with this srr , the supplemental terms associated with the app , product , or service govern with respect to your use of such app , product or service to the extent of the conflict .

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: Vance’s testimony that “riding around and bouncing off an 8-foot wave” would aggravate Sardina’s back injury amply supports the Trial Division’s finding. 2 This is the critical distinction between the facts of this case and the facts of Star-Kist. In Star-Kist, we reversed the Trial Division’s finding of contributory negligence against a dockworker, holding that the Trial Division improperly imposed on the plaintiff a duty to anticipate dang hat in other contexts “the general rule is to award prejudgment interest.” See Interocean Ships, Inc. v. Samoa Gases, 26 A.S.R.2d. 28, 43 (Trial Div. 1994). 5 If prejudgment interest is awarded, it should apply only to the damages Sardina suffered prior to the judgment. See Borges v. Our Lady of the Sea Corp., 935 F.2d 436, 444-45 (2d Cir. 1991) (<HOLDING>). 6 We lack jurisdiction to consider the Trial Options: A. recognizing as separate from pain and suffering B. holding that the alleged inconsistency between the awarding of future medical expenses and the failure to award damages for future pain and suffering could be readily resolved and did not require a new trial C. recognizing as an element of pain and suffering D. holding that prejudgment interest may properly be added to damage awards for past lost wages medical expenses that have been incurred and past pain and suffering but not future loss of earnings future medical expenses andor future pain and suffering E. holding that a jury cannot award damages for medical expenses and lost wages without also awarding damages for pain and suffering where the plaintiff was injured due to the defendants negligence

assistant: The best answer is D. holding that prejudgment interest may properly be added to damage awards for past lost wages medical expenses that have been incurred and past pain and suffering but not future loss of earnings future medical expenses andor future pain and suffering
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: if fact’s existence was “more likely than not”). That finding was supported here by evidence of Hilson’s history of drug trafficking and his possession of the money at a time when he was known to be selling crack, as evidenced by his three recent sales to the confidential informant. It was further supported by evidence refuting Hilson’s suggestions that the monies derived from various legitimate sources, such as a student grant, a girlfriend’s tax refund, Hilson’s own bank accounts, or his one-week employment at Wendy’s. With the finding that the seized money constituted drug proceeds, Hilson does not—and cannot—seriously challenge the district court’s calculation that $10,366 would be the proceeds from the sale of 326.5 grams of crack. See United States v. Jones, 531 F.3d at 175 (<HOLDING>). The district court noted that the market Options: A. holding that a state conviction is a drug trafficking offense because the trafficked drug is listed in a csa schedule B. holding the district court did not clearly err in applying the enhancement where guns were found on the same premises from which the defendant trafficked drugs and were readily accessible to the defendant C. recognizing that the district court may make drug quantity findings by a preponderance of the evidence to calculate an advisory guidelines sentence for a 841b1c offense D. holding harmless any error in district courts drug quantity determination where undisputed quantity of drugs was enough to place defendant at the base offense level calculated by the district court E. holding that where seized currency appears by a preponderance of the evidence to be the proceeds of narcotics trafficking a district court may consider the market price for the drugs in which the defendant trafficked in determining the drug quantity represented by that currency

assistant: The best answer is E. holding that where seized currency appears by a preponderance of the evidence to be the proceeds of narcotics trafficking a district court may consider the market price for the drugs in which the defendant trafficked in determining the drug quantity represented by that currency
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: one exception, these pleadings fail because of defendant’s status as a notary or because they are claims for legal malpractice barred by N.C. Gen. Stat. § l-15(c). See, e.g., Sharp, 113 N.C. App. at 592, 439 S.E.2d at 794 (noting “claims ‘arising out of the performance of or failure to perform professional services’ based on negligence or breach of contract are in the nature of ‘malpractice’ claims, [and] are governed by N.C. Gen. Stat. § l-15(c)”). Similarly, any claim based on defendant’s breach of a fiduciary duty is time barred. See Heath v. Craighill, Rendleman, Ingle & Blythe, 97 N.C. App. 236, 244, 388 S.E.2d 178, 183 (1990) (“Breach of fiduciary duty is a species of negligence or professional malpractice.”); Childers v. Hayes, 77 N.C. App. 792, 795, 336 S.E.2d 146, 148 (1985) (<HOLDING>). The exception is plaintiff’s only remaining Options: A. holding breach of fiduciary duty claim is essentially a negligence or professional malpractice claim B. holding that plaintiffs were entitled to a jury trial on claim of breach of fiduciary duty where underlying claim was a common law negligence action C. recognizing contributory negligence as a defense to professional malpractice claims D. holding professional malpractice claim not contractual E. holding that breach of fiduciary duty claim was preempted by fehba

assistant: The best answer is A. holding breach of fiduciary duty claim is essentially a negligence or professional malpractice claim