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: “require” tracked section 7B1.3(f)’s provision that a revocation sentence “shall be ordered to be served consecutively” to the sentence for the new criminal offense. See USSG § 7B1.3 (1990); see also USSG § 7B1.3 (2011) (same). As noted above, the Guidelines in effect when Head committed the underlying offense included no requirement or presumption of consecutive prison terms upon revocation of supervised release. See USSG ch. 7 (1988). Unconstrained by section 7B1.3(f), the district court had discretion under the 1988 Guidelines and the general guidance offered by 18 U.S.C. §§ 3553(a), 3583(e), and 3584 to impose either a consecutive or concurrent sentence. See United States v. Ayers, 795 F.3d 168, 172 (D.C.Cir.2015); see also United States v. Dees, 467 F.3d 847, 852 (3d Cir.2006) (<HOLDING>). Reliance on section 7B1.3(f) here created at Options: A. holding that 3145c authorizes district courts to grant release pending sentencing B. holding in assault and involun tary manslaughter case that district court has discretion to impose concurrent or consecutive sentences based on finding of whether multiple counts involved the same harm C. holding that supervised release sentences are normally reviewed for abuse of discretion D. holding in agreement with fourth fifth seventh eighth ninth and eleventh circuits that courts general sentencing discretion under 18 usc 3584 authorizes district courts revoking supervised release to impose consecutive or concurrent sentences E. holding that 5g12 did not limit the district courts authority to impose consecutive terms of imprisonment upon revocation of supervised release since the policy statements in chapter 7 governed revocation sentences

assistant: The best answer is D. holding in agreement with fourth fifth seventh eighth ninth and eleventh circuits that courts general sentencing discretion under 18 usc 3584 authorizes district courts revoking supervised release to impose consecutive or concurrent sentences
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: (a) Upon any sale, transfer or other Disposition by any Loan Party (other than any such sale, transfer or other Disposition to another Loan Party) of any Collateral in a transaction permitted by this Agreement, upon the pledge by any Loan Party (other than any such pledge in favor of another Loan Party) of any Collateral constituting accounts receivable in connection with a Receivables Purchase Facility that constitutes a Permitted Receivables Facility (so long as such pledge is permitted by this Agreement), or upon the effectiveness of any written consent to the release of the security interest in any Collateral created under any Security Document pursuant to Section 10.1, the security interests in such Collateral created by the Security Documents shall be automatically released. In addition, if in compliance with the terms and provisions of the Loan Documents, any Subsidiary Guarantor (a) ceases to be a Subsidiary of a Loan Party or (b) becomes an Excluded Subsidiary, in each case as a result of a transaction or designation permitted hereunder (such Subsidiary Guarantor, a “ Released Guarantor ”), then such Released Guarantor shall, upon the consummation of such sale or transfer or other transaction, be automatically released from its obligations under the Loan Documents and its obligations to guarantee the Obligations and/or pledge and grant any Collateral owned by it pursuant to the Guarantee and Collateral Agreement and any other Security Document and, in the case of a sale of all or substantially all of the Capital Stock of the Released Guarantor, the pledge of such Capital Stock of the Released Guarantor to the Administrative Agent pursuant to the Security Documents shall be automatically released. In connection with any such termination or release pursuant to this clause (a), the Administrative Agent shall execute and deliver to any Loan Party, at such Loan Party’s expense, all documents that such Loan Party shall reasonably request to evidence such release; provided that, upon the request of the Administrative Agent, such Loan Party shall provide a certificate of a Responsible Officer of such Loan Party stating that such sale, transfer or other transaction giving rise to such release pursuant to this clause (a) is permitted under the Loan Documents. Any execution and delivery of documents pursuant to this Section 10.14(a) shall be without recourse to or warranty by the Administrative Agent.

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: intended beneficiary. After all, he argues, that is why legislative and regulatory bodies pass laws and regulations requiring minimum amounts of insurance—to protect the public. But, imposing such a far-reaching duty on insurance agents “would impose on agents a duty to a vast number of non-elients—literally all who reside in or travel in this state.” See Napier, 954 P.2d at 1395. This Court accepts that the statutes and regulations at issue—49 U.S.C. § 31139(b)(2), 49 C.F.R. §§ 387.7 & 387.15, and Ohio Admin. Code § 4901:2-5-02— have a public protection purpose. However, Plaintiff does not allege that Defendant violated these laws and regulations; an insurance agent is not the person upon whom the statutes and regulations impose specific duties. See Saylab, 332 F.Supp.2d at 144 (<HOLDING>). Finally, this Court must recognize what has Options: A. holding that breach of a statutory standard creates liability to innocent third parties who come within the protection of the statute only where breached by the person upon whom the statute imposes specific duties B. holding that the title of the statute did not limit the reach of the statute C. holding regulation imposing general safety requirement upon employers with no specific requirements or duties failed to establish third prong of deliberate intent statute D. recognizing the principle that gives precedence to the terms of the more specific statute where a general statute and a specific statute speak to the same concern E. holding that the pslra imposes a more rigorous pleading standard than applied by any of the courts of appeals prior to the enactment of the statute

assistant: The best answer is A. holding that breach of a statutory standard creates liability to innocent third parties who come within the protection of the statute only where breached by the person upon whom the statute imposes specific duties
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: All notices and other communications provided for in the Program shall be in writing and shall be sent, delivered or mailed, addressed as follows: (a) if to the Company, at the Company’s principal office address or such other address as the Company may have designated by written notice for purposes hereof, directed to the attention of the General Counsel, and (b) if to any Participant, at his or her residence address on the records of the Company or to such other address as he or she may have designated to the Company in writing for purposes hereof. Each such notice or other communication shall be deemed to have been duly given or mailed by United States certified or registered mail, return receipt requested, postage prepaid, except that any change of notice address shall be effective only upon receipt.

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 Loan Parties have disclosed to the Lenders all agreements, instruments and corporate or other restrictions to which any Loan Party or any Subsidiary is subject, and all other matters known to it, that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse Effect. All reports, financial statements, certificates or other information furnished by or on behalf of any Loan Party or any Subsidiary to the Administrative Agent or any Lender in connection with the negotiation of this Agreement or any other Loan Document (as modified or supplemented by other information so furnished) other than projections, other forward-looking information and information of a general economic or industry specific nature, when taken as a whole, do not contain any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements contained therein not materially misleading in light of the circumstances under which such statements were made; provided that, with respect to projected financial information, the Loan Parties represent only that such information was prepared in good faith based upon assumptions believed to be reasonable at the time delivered and, if such projected financial information was delivered prior to the Effective Date, as of the Effective Date (it being understood that the projections are subject to inherent uncertainties and contingencies, which may be outside the control of any Loan Party and that no assurances can be given that such projected financial information will be realized).

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 case excerpt and choose the best holding from the options. Case excerpt: We recognize that there is a policy favoring consistent judicial interpretation and application of the uniform laws. See Minn. Stat. § 645.22; UCC § 1-103(a)(3). In Coeur d’Alene Mining, the Idaho Supreme Court examined UFA § 9 and the earlier version of UCC § 3-304(2), found that that earlier version of the UCC was consistent with the UFA, and concluded that the result would be the samé under both statutes. 118 Idaho at 818-19, 800 P.2d at 1032-33. However, Coeur d’Alene Mining is based on the original draft of Article 3 of the UCC. Id. As previously noted, the original section 3-304 has been expanded substantially in the current section 3-307 and it is not clear the Idaho court would have reached the same conclusion under the current law. Furth N.W.2d 765, 770-71 (Minn.App.1998) (<HOLDING>). But see Minn.Stat. § 604.10 (2004) (providing Options: A. holding that subrogation rights are not security interests under ucc article 9 B. holding that article 2 of the ucc preempts common law claims C. holding in non 17200 case that common law claims duplicative of the flsa are preempted D. holding that the flsa preempts certain state law claims E. holding that article 4a of the ucc preempts common law claims where they are inconsistent or duplicative

assistant: The best answer is E. holding that article 4a of the ucc preempts common law claims where they are inconsistent or duplicative
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: any dispute arising from or relating to the subject matter of these terms of use shall be finally settled by arbitration in new york county , new york , using the english language in accordance with the arbitration rules and procedures of jams then in effect , by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes , who shall be selected from the appropriate list of jams arbitrators in accordance with the arbitration rules and procedures of jams .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: was not “inappropriate” for the district court to apply its general requirements for admission — that the applicant be admitted to practice before a state court and be of good moral character — in determining whether to readmit a suspended attorney, and viewing the petition for reinstatement as “more akin to a case involving his initial admission than to one involving suspension or disbarment”). Therefore, this Panel is not deciding whether to suspend Mr. Klipstine (i.e., to take away a vested property interest) — that decision was made in the state court; he consented to suspension in this Court; and Chief Judge Black’s suspension Order, see Doc. 4, is still operative. The Court has broad discretion to readmit an attorney to practice in this Court. See In re Mattox, 758 F.2d at 1368 (<HOLDING>); In re Martin, 400 F.3d 836, 841 (10th Options: A. holding that the record supported the district courts award of damages B. holding because defendant does not argue in his brief that these findings of fact are not supported by evidence in the record this court is bound by the trial courts findings of fact C. holding that a district courts findings which if supported by the record constitute a valid basis for denying her readmission D. holding that family courts conclusions will not be set aside if supported by findings E. holding that the district court must make findings on the record as to the basis for its conclusion about the amount of actual loss

assistant: The best answer is C. holding that a district courts findings which if supported by the record constitute a valid basis for denying her readmission
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company may terminate this Agreement at any time by written notice to the Investor, except while the Investor holds any of the Put Shares. In addition, this Agreement shall automatically terminate on the earlier of (i) the end of the Commitment Period; (ii) the date that the Company sells and the Investor purchases the Maximum Commitment Amount; or (iii) the date in which the Registration Statement is no longer effective, or (iv) the date that, pursuant to or within the meaning of any Bankruptcy Law, the Company commences a voluntary case or any Person commences a proceeding against the Company, a Custodian is appointed for the Company or for all or substantially all of its property or the Company makes a general assignment for the benefit of its creditors; provided, however, that the provisions of Articles III, IV, V, VI, IX and the agreements and covenants of the Company and the Investor set forth in Article X shall survive the termination of this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Employee acknowledges and agrees that (i) he has had an opportunity to seek advice of counsel in connection with this Agreement and (ii) the Restrictive Covenants are reasonable in geographical and temporal scope and in all other respects. If it is determined that any of the provisions of this Agreement, including, without limitation, any of the Restrictive Covenants, or any part thereof, is invalid or unenforceable, the remainder of the provisions of this Agreement shall not thereby be affected and shall be given full effect, without regard to the invalid portions.

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 case excerpt and choose the best holding from the options. Case excerpt: the only guidance for North Carolina courts in determining the effect of moisture content in marijuana for the purposes of the weight element of the North Carolina trafficking statute. Furthermore, they provide the jury a standard as to the correct weight to consider. We do not find the “usable or suitable for consumption” standard to be within North Carolina’s statutory definition of marijuana. In federal court, the question of whether the weight of the controlled substance seized is an element of the offense that must be found beyond a reasonable doubt or a factor in sentencing that must be found by a preponderance of the evidence, is one that has been in great dispute since the Supreme Court rendered its decision in Apprendi v. New Jersey, 530 U.S. 466, 147 L. Ed. 2d 435 (2000) (<HOLDING>). The divided circuits on this issue, and the Options: A. holding that any fact other than fact of prior convictions which increases the penalty for a crime beyond the statutory maximum must be submitted to a jury and proven beyond a reasonable doubt B. holding that any fact that increases a sentence beyond the prescribed statutory maximum must be proven beyond a reasonable doubt to a jury C. holding that facts regarding prior convictions need not be charged in an indictment nor proven to a jury beyond a reasonable doubt D. holding that any fact that increases the maximum penalty for a crime must be charged in an indictment submitted to a jury and proven beyond reasonable doubt E. holding that factors increasing a defendants sentence beyond the statutory maximum of the crime charged with the exception of prior convictions must be proven beyond a reasonable doubt

assistant: The best answer is E. holding that factors increasing a defendants sentence beyond the statutory maximum of the crime charged with the exception of prior convictions must be proven beyond a reasonable doubt
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 but all of which together shall constitute one and the same instrument. This Agreement and any amendments hereto, to the extent signed and delivered by means of digital imaging and electronic mail or a facsimile machine, shall be treated in all manner and respects as an original contract and shall be considered to have the same binding legal effects as if it were the original signed version thereof delivered in person.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: on the record. Section 508.120, RSMo 1986, also addresses the timeliness of a motion to disqualify a judge. It says: [N]o application by a defendant to disqualify a judge shall be granted unless the application therefor is made before the filing of his answer to the merits, except when the cause for the change of venue or disqualification arises, or information or knowledge of the existence thereof first comes to him, after the filing of his answer in which case the application shall state the time when the cause arose or when applicant acquired information and knowledge thereof, and the application must be made within five days thereafter. We must first determine if the motion for disqualification was timely under Rule 51.05. Hough v. Hough, 819 S.W.2d 751, 752 (Mo.App.1991) (<HOLDING>). The contempt hearing was to enforce Judge Options: A. holding that plea in bar may be based only on grounds set forth in statute B. holding that rule 5105 supersedes 508090 during the time period set forth in rule 5105 C. holding that oneyear limitations period set forth in 2255 is not a jurisdictional bar and is thus subject to equitable tolling D. holding that an agency filing deadline set forth in a regulation as a rule of administrative convenience is not jurisdictional E. recognizing rule

assistant: The best answer is B. holding that rule 5105 supersedes 508090 during the time period set forth in rule 5105
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: Unless otherwise defined, all initially capitalized terms in this Joinder shall be as defined in the Agreement. The Agreement, as amended hereby, shall be and remain in full force and effect in accordance with its respective terms and hereby is ratified and confirmed in all respects. In the event that any signature to this Joinder is delivered by facsimile transmission or by e-mail delivery of a “.pdf” format data file, such signature shall create a valid and binding obligation of the party executing (or on whose behalf such signature is executed) with the same force and effect as if such facsimile or “.pdf” signature page were an original hereof.

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: The Parties shall bear their own costs and attorneys’ fees incurred in connection with the Lawsuit, and in connection with the negotiation, preparation, and review of this Agreement. However, in the event any action is brought to enforce the terms of this Agreement, the prevailing party in such action shall receive an award of its costs and reasonable attorneys’ fees incurred in that action.

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 legal provision and list the applicable contract clause categories. Provision: During the term of this Agreement, Distributor shall obtain and keep in force product liability, general liability and property damage insurance against an insurable claim or claims, which might or could arise regarding the Products or Accessories. Such insurance will be in a coverage amount required by any customers Government Agencies or buying groups, with a minimum limit of liability for professional conduct, bodily injury and property damage of not less than USD $2,000,000 (Two Million US Dollars) and shall name Capnia as a joint insured or loss payee.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: unless extenuating circumstances exist , any amounts due to the host under the applicable cancellation policy will be remitted to the host by airbnb payments pursuant to the payments terms .

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: THE LOAN DOCUMENTS (OTHER THAN THOSE CONTAINING A CONTRARY EXPRESS CHOICE OF LAW PROVISION) SHALL BE CONSTRUED IN ACCORDANCE WITH THE LAW OF THE STATE OF NEW YORK. The Company and the Banks hereby irrevocably submit to the exclusive jurisdiction of any United States federal or New York state court sitting in New York, New York in any action or proceedings arising out of or relating to any Loan Documents and the Company and the Banks hereby irrevocably agree that all claims in respect of such action or proceeding may be heard and determined in any such court. Each of the parties hereto agrees that a final judgment in any such action or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law. Nothing in this Agreement shall affect any right that any Agent or any Bank may otherwise have to bring any action or proceeding relating to this Agreement against the Company or its properties in the courts of any jurisdiction. Each party irrevocably consents to service of process in the manner provided for notices in Section 13.1 . Nothing in this Agreement will affect the right of any party to this Agreement to serve process in any other manner permitted by law.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as otherwise provided in this Agreement, the RSA and the documents to be executed pursuant hereunder and thereunder, (i) all expenses incurred by Venoco in connection with or related to the authorization, preparation or execution of this Agreement, and the exhibits and schedules hereto and thereto, and all other matters related to the Closing, including all fees and expenses of counsel, accountants, brokers and financial advisers employed by Venoco, shall be borne solely and entirely by Venoco and (ii) all such expenses incurred by TMM shall be borne solely and entirely by TMM.

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 legal provision and list the applicable contract clause categories. Provision: The execution, delivery and performance of this Agreement, the Note by the Company and the consummation by the Company of the transactions contemplated hereby and thereby (including, without limitation, the issuance and reservation for issuance of the Conversion Shares) will not (i) conflict with or result in a violation of any provision of the Articles of Incorporation or By-laws, or (ii) violate or conflict with, or result in a breach of any provision of, or constitute a default (or an event which with notice or lapse of time or both could become a default) under, or give to others any rights of termination, acceleration or cancellation of, any agreement, indenture, patent, patent license or instrument to which the Company or any of its subsidiaries is a party, or (iii) result in a violation of any law, rule, regulation, order, judgment or decree (including federal and state securities laws and regulations and regulations of any self-regulatory organizations to which the Company or its securities are subject) applicable to the Company or any of its subsidiaries or by which any property or asset of the Company or any of its subsidiaries is bound or affected (except for such conflicts, defaults, terminations, amendments, accelerations, cancellations and violations as would not, individually or in the aggregate, have a material adverse effect). All consents, authorizations, orders, filings and registrations which the Company is required to obtain pursuant to the preceding sentence have been obtained or effected on or prior to the date hereof. The Company is not in violation of the listing requirements of the OTC Marketplace (the “OTC Markets”) and does not reasonably anticipate that the Common Stock will be delisted by the OTC MARKETS in the foreseeable future, nor are the Company’s securities “chilled” by FINRA. The Company and its subsidiaries are unaware of any facts or circumstances which might give rise to any of the foregoing.

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 legal provision and list the applicable contract clause categories. Provision: Each party hereto agrees that money damages may not be a sufficient remedy for any breach of this Agreement by any party hereto and that the other party may suffer irreparable harm as a result of any such breach. Without prejudice to the rights and remedies otherwise available to the parties hereto, each party agrees that the parties shall be entitled, without the requirement of posting a bond or other security, to equitable relief, including an injunction or specific performance, in the event of any breach or threatened breach of the provisions of this Agreement by the other party; provided , however , subject to the rights of the Purchaser reserved in Section 5(f) of this Agreement, that the sole remedy available to the Purchaser with respect to the breach of Section 3(d) , Section 3(e) , Section 3(f) , Section 4(c) , Section 4(d) , Section 4(e) and Section 4(f) of this Agreement shall be to terminate this Agreement to the extent contemplated by Section 10(a)(iv) or Section 10(a)(v) of this Agreement. Except with respect to the breach of Section 3(d) , Section 3(e) , Section 3(f) , Section 4(c) , Section 4(d) , Section 4(e) and Section 4(f) of this Agreement, for which the sole remedy available to the Purchaser shall be to terminate this Agreement to the extent contemplated by Section 10(a)(iv) or Section 10(a)(v) of this Agreement, the remedies available to the parties hereto shall not be deemed to be exclusive remedies but shall be in addition to all other remedies available at Law or equity to such parties.

assistant: Remedies
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 may terminate your account at any time and for any reason by following the process described on our support page located at https://support.supercell.com/ informing supercell that you wish to terminate your account .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: contention and determined that Throneberry committed an offense in Ferguson’s presence or within his view by failing to stop at the end of the alley before entering the street. The evidence also shows that Throne-berry’s act of “fishtailing” out of the alley is a misdemeanor offense under section 545.420 of the transportation code, which provides that “[a] person may not participate in any manner in ... an exhibition of vehicle speed or acceleration.” Id. § 545.420(a)(5). Though section 545.420 of the transportation code is entitled “Racing on Highway,” courts have rejected the narrow interpretation that the statute only applies where a defendant is involved in some sort of a speed competition with another vehicle. Evers v. State, 576 S.W.2d 46, 49 (Tex.Crim.App. [Panel Op.] 1978) (<HOLDING>); Collins v. State, 829 S.W.2d 894, 896 Options: A. holding that the defendant abandoned the car he was driving thus relinquishing any reasonable expectation of privacy to the contents of the car when he jumped out of the stillmoving car and fled on foot during a high speed chase with police B. holding that accelerating a car so that it threw gravel on police car was enough to satisfy exhibition of speed violation C. holding that accelerating a car so that its tires spun when a light turned from red to green was sufficient D. holding that the driver of a car who had permission to use the car had standing to challenge its search E. holding that accelerating a car so that it screeched and fishtailed a bit was sufficient for offense

assistant: The best answer is B. holding that accelerating a car so that it threw gravel on police car was enough to satisfy exhibition of speed violation
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: Debtor shall, at its expense, keep its business and assets (including the Collateral to the extent appropriate), and the business and assets of any subsidiary, insured as provided in the NPA. All insurers and insurance coverage shall be reasonably acceptable to the Secured Party. If Debtor at any time fails to obtain or maintain any insurance as required under this Agreement, the Secured Party may (but shall not be obligated to) obtain insurance comparable in cost and with coverage in such amounts and types as the insurance coverage required to be maintained by Debtor pursuant hereto, including if it so chooses “single interest insurance,” which will cover the Secured Party’s interest in the Collateral for its benefit. If any such insurance is obtained by the Secured Party, the cost thereof shall constitute Secured Party Expenses.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: has been obtained in a manner that would undermine the policies of deterrence and integrity of the courts. We are admonished by the Supreme Court in Terry that we, as the judiciary, are responsible to “guard against police conduct which is over-bearing or harassing, or which trenches upon personal security without the objective evidentiary justification which the Constitution requires.” We sustain Appellant’s two points. Conclusion We hold that the trial court erred by denying Appellant’s motions to suppress his statements and the marijuana. Therefore, we reverse Appellant’s conviction for the offense of possession of marijuana as well as the conviction for failure to identify and remand those causes to the trial court for proceedings not inconsistent Tex.App.-Amarillo 2002, no pet.) (<HOLDING>). 65 . See Boyd v. United States, 116 U.S. 616, Options: A. holding that trial court erred when it admitted outofcourt identification of defendant when the witness who made the identification was never asked about defendants identity at trial B. holding whether passenger was lawfully detained as witness to traffic violation when officer asked his name so that his false identification violated failuretoidentify statute not necessary to decide since other articulable facts justified continued detention C. holding that appellant was not lawfully detained for investigation of public intoxication when he gave false identification therefore trial court erred in denying his motion to suppress his false identification statements D. holding a trial court erred in determining that a motion to suppress was waived by a speedy trial demand E. holding that where the opportunity for positive identification is good and not weakened by prior failure to identify and the witness is positive in his identification even after crossexamination identification need not be received with caution

assistant: The best answer is C. holding that appellant was not lawfully detained for investigation of public intoxication when he gave false identification therefore trial court erred in denying his motion to suppress his false identification statements
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: concern in deciphering whether an act is ministerial “ ‘is whether the respondent had the authority’ to do what is the subject of the complaint.” Id. Citing State ex rel. Thomas v. Banner, 724 S.W.2d 81, 83 (Tex.Cr.App.1987). In this instance, that act is to order the struck venireperson reinstated on the panel and seated on the jury. I. BATSON AND IT’S PROGENY In Batson, the United States Supreme Court held that the Equal Protection Clause of the Fourteenth Amendment prohibits the state’s use of peremptory challenges to purposefully or deliberately exclude black persons from jury participation solely on account of their race. Id. at 86, 106 S.Ct. at 1717. Thereafter, the Supreme Court extended the focus of Batson, Powers v. Ohio, 499 U.S. 400, 111 S.Ct. 1364, 113 L.Ed.2d 411 (1991) (<HOLDING>), civil litigants, Edmonson v. Leesville Options: A. holding that the fourteenth amendment protects every person against purely racially motivated exercise of peremptory challenges B. holding that courts must entertain a challenge to a private litigants racially discriminatory use of peremptory challenges in a civil trial C. holding that genderbased peremptory challenges also violate the fourteenth amendment D. holding that racially discriminatory use of peremptory challenges violates the equal protection clause of the fourteenth amendment E. holding that due process clause of fourteenth amendment protects the accused against conviction except upon proof beyond a reasonable doubt of every fact necessary to constitute the crime for which he is charged

assistant: The best answer is A. holding that the fourteenth amendment protects every person against purely racially motivated exercise of peremptory challenges
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 outstanding stock and securities (or other evidence of ownership) of the Subsidiaries, partnerships or joint ventures owned by the Company and its Subsidiaries are owned by the Company and its Subsidiaries free and clear of all Liens, warrants, options or rights of others of any kind whatsoever except for Liens permitted by subsection 12.3. Schedule 9.15 is a complete list of all Subsidiaries that, as of the Closing Date, are required to execute a Subsidiary Guarantee pursuant to subsection 11.9.

assistant: Subsidiaries
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 codefen-dants’ testimony that Green had firearms at his home and that they went to Green’s house specifically to obtain firearms to use in the burglary. Green argued that even if the evidence of these firearms had some relevance, which Green did not concede, any relevance was significantly outweighed by the danger of unfair prejudice. The trial court overruled Green’s objections and admitted the firearms into evidence. As to the two firearms found in Green’s roommate’s bedroom, the trial court erred by admitting any evidence of these guns because they were completely irrelevant. Relevant evidence is evidence that tends to prove or disprove a material fact. See § 90.401, Fla. Stat. (2007); see also Zabner v. Howard Johnson’s Inc. of Fla., 227 So.2d 543, 545 (Fla. 4th DCA 1969) (<HOLDING>). Here, not only were these two firearms not Options: A. holding that in a 1983 action issue of probable cause is for the jury B. holding relevance of evidence is established by any showing however slight that the evidence makes it more or less likely that the defendant committed the crime in question C. holding that relevant evidence has a tendency to establish a fact in controversy or to render a proposition in issue more or less probable D. holding that speculative theory of possible injury insufficient to establish injury in fact under article ills case or controversy requirement E. recognizing that the case or controversy requirement for standing is no less strict in a declaratory judgment proceeding than in any suit where other relief is sought

assistant: The best answer is C. holding that relevant evidence has a tendency to establish a fact in controversy or to render a proposition in issue more or less probable
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: no agency , partnership , joint venture , or employment relationship is created as a result of these terms of use and neither party has any authority of any kind to bind the other in any respect .

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: You acknowledge and agree that this Agreement, along with the specific agreements that are expressly incorporated herein by reference and stated as surviving the signing of this Agreement, supersede any and all prior or contemporaneous oral and written agreements between you and Pieris, and set forth the entire agreement between you and Pieris.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: (3) all of the person’s estate that is not devised by the will vests immediately in the person’s heirs at law. (b) Subject to Section 101.051, the estate of a person who dies intestate vests immediately in the person’s heirs at law. See Tex. Estate Code § 101.001(a)-(b) (emphasis added); see also Tex. Estate Code § 101.003 (governing an executor’s or administrator’s right to possession) . The Texas Supreme Court has also expounded on the passage of an estate upon a decedent’s death in Bailey v. Cherokee County Appraisal Dist., stating that, “[wjhenever a person dies intestate, all of his estate shall vest immediately in his heirs at law, but.. .shall still be liable and subject in their hands to payment of the debts of the intestate.” 862 S.W.2d 581, 584 (Tex. 1993) (emphasis added) (<HOLDING>); see Woodward v. Jaster, 933 S.W.2d 777, 780 Options: A. holding that because property was no longer property of the estate the court could not order turnover B. holding that taxes were a claim against the estate that had to be filed in probate court thus reversing an order requiring heirs to pay taxes on estate property because the district court did not have jurisdiction C. holding that a legal malpractice claim arising from errors by an attorney in rendering estateplanning services is properly brought by the personal representative of the estate when excess estate taxes are paid by the estate in contravention of the decedents intended estate plan D. holding that a claim for breach of contract against a lawyer regarding estate taxes arose no later than the date on which the estate tax return was filed not when the alleged error was discovered E. holding petitioner could not deduct real estate taxes imposed on property he did not own because these taxes were not imposed on him

assistant: The best answer is B. holding that taxes were a claim against the estate that had to be filed in probate court thus reversing an order requiring heirs to pay taxes on estate property because the district court did not have 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 case excerpt and choose the best holding from the options. Case excerpt: purpose of having a state law claim adjudicated in the federal system.” Davis, 856 F.2d at 651 (emphasis added). Thus, a dismissal for insubstantiality is “appropriate in only the rarest of circumstances where ... the complaint is deemed totally implausible.” Apple v. Glenn, 183 F.3d 477, 480 (6th Cir.1999); see Ricketts v. Midwest Nat. Bank, 874 F.2d 1177, 1182 (7th Cir.1989) (“insubstantiality dismissals should be ap plied only in extraordinary circumstances”). If the “complaint raises an arguable question of law which the court may ultimately resolve against the plaintiff,” the more appropriate mechanism for dismissal is Federal Rule of Civil Procedure 12(b)(6). Ricketts, 874 F.2d at 1182 n. 6; see Neitzke v. Williams, 490 U.S. 319, 326 & n. 6, 109 S.Ct. 1827, 104 L.Ed.2d 338 (1989) (<HOLDING>). Applying these principles, it seems to me Options: A. holding that rule 12b1 insubstantiality dismissal is appropriate if based on the judges disbelief of a complaints factual allegations whereas a rule 12b6 dismissal is appropriate where while operating under the assumption that all or a set of facts in the complaint are true without regard to whether it is based on an outlandish legal theory or on a close but ultimately unavailing one it is clear that no relief could be granted under any set of facts that could be proved consistent with the allegations B. holding that rule 12b6 dismissal is proper where it is clear that no relief could be granted under any set of facts that could be proved consistent with the allegations C. holding that dismissal pursuant to rule 12b6 is appropriate if the plaintiff is unable to articulate enough facts to state a claim to relief that is plausible on its face D. holding that dismissal is inappropriate unless it is clear that no relief could be granted under any set of facts that could be proved consistent with the allegations E. holding that a court may dismiss a claim under 12b6 only if it appears to a certainty that no relief can be granted under any set of facts provable in support of its allegations or if the allegations accepted as true do not present a claim upon which relief legally can be obtained

assistant: The best answer is A. holding that rule 12b1 insubstantiality dismissal is appropriate if based on the judges disbelief of a complaints factual allegations whereas a rule 12b6 dismissal is appropriate where while operating under the assumption that all or a set of facts in the complaint are true without regard to whether it is based on an outlandish legal theory or on a close but ultimately unavailing one it is clear that no relief could be granted under any set of facts that could be proved consistent with the allegations
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The provisions of Sections 6, 8, 9, 11, 12, 14, 15, 16, 17, 18, 19,20 and 21 hereof and this Section 13 shall survive the termination of employment of the Executive. In addition, all obligations of the Company to make payments hereunder shall survive any termination of this Agreement on the terms and conditions set forth herein.

assistant: Survival