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: Any notice or communication under this Agreement must be in writing and given by (i) deposit in the United States mail, addressed to the party to be notified, postage prepaid and registered or certified with return receipt requested, (ii) delivery in person or by courier service providing evidence of delivery, or (iii) transmission by hand delivery, electronic mail or facsimile. Each notice or communication that is mailed, delivered, or transmitted in the manner described above shall be deemed sufficiently given, served, sent, and received, in the case of mailed notices, on the third business day following the date on which it is mailed and, in the case of notices delivered by courier service, hand delivery, electronic mail or facsimile, at such time as it is delivered to the addressee (with the delivery receipt or the affidavit of messenger) or at such time as delivery is refused by the addressee upon presentation. Any notice or communication under this Agreement must be addressed, if to the Company, c/o TPG Pace Holdings Corp., at 301 Commerce St., Suite 3300, Fort Worth, TX 76102 Attention: Office of the General Counsel and, if to any Holder, at such Holder’s address as found in the Company’s books and records. Any party may change its address for notice at any time and from time to time by written notice to the other parties hereto, and such change of address shall become effective thirty (30) days after delivery of such notice as provided in this Section 5.1 .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This is a Florida contract and shall be construed and enforced under and be governed in all respects by the laws of the State of Florida, without regard to the conflict of laws principles thereof. In the event of any alleged breach or threatened breach of this Agreement, the Executive hereby consents and submits to the jurisdiction of the federal and state courts in and of the State of Florida.

assistant: Governing 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: Employee agrees that Employee will not, at any time in the future, make any critical or disparaging statements to any third parties (including, without limitation, any print or broadcast media) or through any form of social media about the Company, including all of its subsidiaries, divisions, and affiliated entities, or any of those entities’ products, services, directors, or employees, unless such statements are made truthfully in response to a subpoena or other legal process.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the state is only responsible where it deprives a criminal defendant such as Petitioner of due process of law, and the state was not responsible for actions of petitioner’s retained counsel. If there was a due process violation from ineffective assistance from Petitioner’s choice of retained counsel, it likely first occurred when Petitioner’s appeal was dismissed; prior to the point of dismissal, there was no state action. See Sceifers, 46 F.3d at 704 (citing Rendell-Baker v. Kohn, 457 U.S. 830, 838 n. 6, 102 S.Ct. 2764, 73 L.Ed.2d 418 (1982)); see also id. (“Indeed, the actions of Sceifers’ deputy public defenders and appointed counsel, which caused the delay, do not constitute state action. See Polk County v. Dodson, 454 U.S. 312, 317 n. 4, 102 S.Ct. 445, 70 L.Ed.2d 509 (1981) (<HOLDING>).”). Petitioner conceivably might have, in one Options: A. holding um did not act under color of state law when it terminated an employee B. holding that a public defender does not act under color of state law when performing the traditional functions of counsel to a criminal defendant C. holding that public defenders do not act under color of state law and therefore are not subject to suit under 42 usc 1983 D. holding that to prevail on a 1983 claim a plaintiff must allege that the defendant acted under color of state law in other words that there was state action E. holding that a town manager did not act under color of state law when making allegedly defamatory statements about the plaintiff

assistant: The best answer is B. holding that a public defender does not act under color of state law when performing the traditional functions of counsel to a criminal defendant
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Neither the Applicant nor any of its Restricted Subsidiaries is in default under or with respect to any of its Contractual Obligations in any respect that would be reasonably expected to have a Material Adverse Effect. No Default or Event of Default has occurred and is continuing.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: unless the arbitrator finds that the arbitration was frivolous or brought for an improper purpose , oculus will pay all filing , aaa and arbitrator 's fees and expenses .

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: Buyer shall not transfer, convey or assign all or any part of this Agreement without the approval of Seller, which approval may be withheld in the Seller's sole and absolute discretion. Notwithstanding the foregoing, Buyer shall have the right to assign this Agreement to one or more entities that are, directly or indirectly, owned or controlled by the owners of Buyer, or their affiliated entities, without Seller's prior consent. Buyer shall notify Seller of any such assignment at least five Business Days in advance of the Closing.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: and providing notification and information to the petitioner. Section 40-6A-307(b)(l)-(6). It does not include the additional advocacy functions contemplated in establishing and enforcing paternity and child support obligations under Section 27-2-27(A)(4). {18} We are also guided by the definitional language of UIFSA. See Henderson v. City of Tucumcari, 2005-NMCA-077, ¶ 9, 137 N.M. 709, 114 P.3d 389 (“Our starting point is the plain language of the statute.”). Section 40-6A-102(22) defines a “support enforcement agency” as an agency authorized to take certain actions. An agency is included in the definition if it has the power to perform any, not all, of the acts associated with child support enforcement. See Wilson v. Denver, 1998-NMSC-016, ¶ 17, 125 N.M. 308, 961 P.2d 153 (<HOLDING>). We glean from the definition that UIFSA Options: A. holding the word individuals is not the equivalent of the dictionary acts use of the word persons B. holding that use of word may in utah rule of civil procedure 49 indicates grant of discretion to trial court C. holding that the use of the word or in a statute indicates that any of the listed alternative methods will suffice D. holding that a states use of the word shall is mandatory language E. holding use of word may generally indicates permissive rather than mandatory intent

assistant: The best answer is C. holding that the use of the word or in a statute indicates that any of the listed alternative methods will suffice
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: but there is no suggestion that this advertisement indicated to him, for example, that he would be entitled to the directorship for a specified amount of time, or that he would only be fired for cause. Second, Ezekwo reasonably relied on the hospital’s representations. See Ezekwo, 940 F.2d at 783. Nwaubani suggests that he too relied on the University’s representations, see Pl.’s Further Br. 16 (discussing the higher ranking of his prior university employer), but this purported reliance is at such a high level of generality — “the promise that he would provide leadership for the transformation of AAAS into an academic department[,]” id. at 16 — that it fails to create “a legitimate claim of entitlement to [the position].” Coyne v. City of Somerville, 972 F.2d 440, 443 (1st Cir.1992) (<HOLDING>). Fundamentally, then, the difference between Options: A. holding that the existence of the general indiangovernment trust relationship does not create a property interest where one does not otherwise exist B. holding that no reasonable interpretation of a general directive would create a property interest C. holding that plaintiffs had no vested interest in former interpretation of state law D. holding erisa plan interpretation is simply one of contract interpretation E. holding that plaintiffs may have a property interest in real property

assistant: The best answer is B. holding that no reasonable interpretation of a general directive would create a property interest
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 waiver by either party of a breach or violation of any provision of this Agreement by the other party shall not operate nor be construed as a waiver of any subsequent breach or violation. The waiver by either party to exercise any right or remedy it may possess shall not operate nor be construed as a bar to the exercise of such right or remedy by such party upon the occurrence of any subsequent breach or violation.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: separate property. See English v. English, 118 N.M. 170, 175-76, 879 P,2d 802, 807-08 (Ct. App. 1994) (“Social security benefits are considered separate property and cannot be used to set off an equal distribution of community property upon divorce.”) (citation omitted); Trinosky v. Johnstone, 2013 WL 4515931 at *5 (N.M. App. 2013) (observing "that social security benefits are generally separate property absent transmutation”) (relying on English, 118 N.M. 170, 879 P.2d 802). See also, In re Marriage of Peterson, 243 Cal.App.4th 923, 197 Cal.Rptr.3d 588 (Ct, App. 2016) (determining that federal social security law preempts state community property law, and that social security is separate property ’under federal law); Luna v. Luna, 125 Ariz. 120, 123, 608 P.2d 57, 60 (Ct. App. 1979) (<HOLDING>). 29 . See Trustee's Exhibit 7, pp. 88-90. See Options: A. holding that offset for social security retirement benefits does not include federal disability benefits and stating that there was no legislative intent to embody the entire subchapter of the social security act dealing with both disability benefits and old age benefits B. holding that the social security disability benefits received by petitioner are his separate property and no offsetting award ban be made to respondentappellee C. holding that an evidentiary hearing is not required prior to the termination of social security disability benefits D. holding that the workers compensation offset includes total social security disability benefits received by claimant and his dependents E. holding social security disability payments and military disability payments are separate property after dissolution of marriage

assistant: The best answer is B. holding that the social security disability benefits received by petitioner are his separate property and no offsetting award ban be made to respondentappellee
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Therefore, the parties agree that a) Recipient may disclose Confidential Information to its Subsidiaries without Discloser’s consent, if and to the extent such disclosure is required in order to fulfill the Purpose; and b) a disclosure to or by a party’s respective Subsidiaries shall be considered as disclosure to or by the respective party; and

assistant: Yes
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 circumstances is to prevent and invalidate police conduct based on hunches, which are, by definition, subjective.” State v. Ochoa, 2009-NMCA-002, ¶ 25, 146 N.M. 32, 206 P.3d 143 (internal quotation marks and citation omitted). Accordingly, “[t]he subjective belief of the officer does not in itself affect the validity of the stop.” Hubble, 2009-NMSC-014, ¶ 8 (internal quotation marks and citation omitted). 1. The investigatory stop was objectively reasonable {21} Defendant understandably does not argue that a stop based solely on an MVD database report of a “suspended” compliance status would have been invalid given the statutory requirement to maintain evidence of insurance or financial responsibility. See State v. Candelaria, 2011-NMCA-001, ¶¶ 1, 16, 149 N.M. 125, 245 P.3d 69 (<HOLDING>). Conversely, a return of “active” without any Options: A. holding that officer had reasonable suspicion to stop a vehicle when confidential informant personally observed the vehicle provided a description of the vehicle and its direction detailed the basis for her suspicion that the vehicle was engaged in illegal activity and had previously given reliable information that led to the successful apprehension of individuals engaged in various criminal activity B. holding that a conclusion that reasonable suspicion supported the stop of a vehicle was subsumed within the trial courts ruling that the officer had probable cause for the stop C. holding a stop was effected where officers vehicle blocked defendants vehicle from proceeding D. holding that the stop of defendants vehicle was unlawful where officers stopped the vehicle to check the license and registration but had observed no suspicious activity E. holding that officers had reasonable suspicion to conduct a vehicle stop where official license and registration records reflected that the vehicle was registered to a driver with a revoked license

assistant: The best answer is E. holding that officers had reasonable suspicion to conduct a vehicle stop where official license and registration records reflected that the vehicle was registered to a driver with a revoked license
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 court shall cause notice thereof to be served upon the United States attorney, grant a prompt hearing thereon, determine the issues and make findings of fact and conclusions of law with respect thereto. 28 U.S.C. § 2255(b). “[I]f the petitioner alleges facts that, if true, would entitle him to relief, then the district court should order an evidentiary hearing and rule on the merits of his claim.” Aron, 291 F.3d at 714-15 (quotation omitted). In addition, a court is required to liberally construe a pro se petitioner’s claim. Diaz v. United States, 930 F.2d 832, 834 (11th Cir.1991). In Aron, we stated: The law is clear that, in order to be entitled to an evidentiary hearing, a petitioner need only allege-not prove-reasonably specific, non-conclusory facts that, if tr (5th Cir.1972) (<HOLDING>). A district court is not required to hold a Options: A. holding that disputed issues of fact cannot be resolved based on affidavits and must be decided based on evidentiary hearings the only admissible procedure for resolving such issues B. holding that an evidentiary hearing is not required if there are no factual issues in dispute C. holding that an evidentiary hearing may be used to develop the factual basis of a prisoner complaint D. holding that contested factual issues in 2255 cases must be decided on the basis of an evidentiary hearing not affidavits E. holding plenary hearings are required when there are contested issues of material fact on the basis of conflicting affidavits

assistant: The best answer is D. holding that contested factual issues in 2255 cases must be decided on the basis of an evidentiary hearing not affidavits
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 consents, authorizations and approvals of, and filings and registrations with, and all other actions in respect of, any Governmental Authority or other Person required in connection with the making of the Loans or the conduct of the Loan Parties' business shall have been obtained and shall be in full force and effect.

assistant: Approvals
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 counterparts, each of which shall be deemed an original instrument, but all such counterparts together shall constitute but one instrument. No Party shall be bound until such time as all of the Parties have executed counterparts of this Agreement. To facilitate recordation, there may be omitted from the Exhibits to this Agreement in certain counterparts descriptions of property located in recording jurisdictions other than the jurisdiction in which the particular counterpart is to be filed or recorded.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each of the Lenders (for purposes of this Article X , references to the Lenders shall also mean the Issuing Bank and the Swingline Lender) hereby irrevocably appoints Wells Fargo to act on its behalf as the Administrative Agent hereunder and under the other Loan Documents and authorizes the Administrative Agent to take such actions on its behalf and to exercise such powers as are delegated to the Administrative Agent by the terms hereof or thereof, together with such actions and powers as are reasonably incidental thereto. Except as set forth in Section 10.6 , the provisions of this Article X are solely for the benefit of the Administrative Agent and the Lenders, and neither the Borrower nor any Guarantor shall have rights as a third-party beneficiary of any of such provisions. It is understood and agreed that the use of the term “agent” (or any other similar term) herein or in any other Loan Document with reference to the Administrative Agent is not intended to connote any fiduciary or other implied (or express) obligations under agency doctrine of any applicable law. Instead, such term is used as a matter of market custom, and is intended to create or reflect only an administrative relationship between contracting parties.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company shall not sell, offer for sale or solicit offers to buy or otherwise negotiate in respect of any security (as defined in Section 2 of the Securities Act) that would be integrated with the offer or sale of the Securities in a manner that would require the registration under the Securities Act of the sale of the Securities to the Purchaser or that would be integrated with the offer or sale of the Securities for purposes of the rules and regulations of any Trading Market such that it would require shareholder approval prior to the closing of such other transaction unless shareholder approval is obtained before the closing of such subsequent transaction.

assistant: Integration
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 Executive agrees to cooperate, at the request and expense of the Company, in the prosecution and/or defense of any claim or litigation in which the Company or any affiliate is involved on the Termination Date or thereafter that includes subject matter as to which the Executive has knowledge and/or expertise.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: No Loan Party nor any of its Subsidiaries, nor, to the knowledge of any Loan Party, any officer, director, employee, agent or Affiliate thereof, is in violation of any of the country or list based economic and trade sanctions administered and enforced by any Sanctions Authorities. No Loan Party nor any of its Subsidiaries, nor, to the knowledge of any Loan Party, any officer, director, employee, agent or Affiliate thereof, (a) is a Sanctioned Person or a Sanctioned Entity, (b) has its assets located in Sanctioned Entities, or (c) derives revenues from investments in, or transactions with Sanctioned Persons or Sanctioned Entities. No proceeds of any Advances made, or Letter of Credit issued, hereunder will be used, directly or indirectly, (i) to fund any operations in, finance any investments or activities in, or make any payments to, a Sanctioned Person or a Sanctioned Entity or (ii) in any manner that would result in the violation of any sanctions instituted by Sanctions Authorities applicable to any Loan Party.

assistant: Sanctions
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 later than seven Business Days following the date of receipt by Borrower or any of its Subsidiaries, or Administrative Agent as loss payee, of any Net Insurance/Condemnation Proceeds in excess of $25,000,000 in the aggregate in any Fiscal Year, Borrower shall prepay the Loans as set forth in Section 2.15(b) in an aggregate amount equal to such Net Insurance/Condemnation Proceeds; provided that, so long as no Event of Default shall have occurred and be continuing, Borrower or any of its Subsidiaries may invest an amount equal to all or any portion of such Net Insurance/Condemnation Proceeds within 365 days of receipt thereof in real estate, equipment and other tangible assets useful in the business of Borrower and its Subsidiaries (or any similar or related or ancillary business), which investment may include the repair, restoration or replacement of the applicable assets thereof, in which case the amount of Net Insurance/Condemnation Proceeds so invested shall not be required to be applied to prepay the Loans pursuant to this Section 2.14(b).

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 legal provision and list the applicable contract clause categories. Provision: Upon its receipt of a reasonably detailed invoice setting forth a Party’s reasonable, documented costs and expenses incurred pursuant to any provision of this Article VII relating to the Territory, for which the other Party shall be liable in accordance with this Article VII, such other Party shall pay such costs and expenses within *** of receipt of an invoice therefor.

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: disproportionate for a particular defendant’s crime.” First, we compare the gravity of the offense and the severity of the sentence. And if the threshold comparison leads to an inference of gross disproportionality, this Court will then “compare the defendant’s sentence with the sentences received by other offenders in the same jurisdiction and with the sentences imposed for the same crime in other jurisdictions.” In this respect, our Supreme Court has emphasized that “it is the rare case in which the threshold inference of gross disproportionality will be met and a rarer case still in which that threshold inference stands after further scrutiny.” Additionally, a sentence which is not otherwise cruel and unusual “does not become so simply because it is (3) (680 SE2d 616) (2009) (<HOLDING>); Green v. State, 193 Ga. App. 894, 896 (2) Options: A. holding that life sentence imposed for kidnapping with bodily injury was not cruel and unusual even if victims injuries were minor B. holding that a life sentence pursuant to 841 blaiii was not a cruel and unusual punishment C. holding that life sentence imposed for kidnapping with bodily injury of 14yearold victim was not cruel and unusual punishment even though bodily injury was slight given circumstances attendant upon offense D. holding that the imposition of a true life sentence on a minor convicted of felony murder was cruel and unusual based on the specific circumstances surrounding the offense E. holding that an effective life sentence of fortyfive years for seconddegree forgery was excessive and that a life sentence was cruel and unusual in violation of the eighth amendment

assistant: The best answer is A. holding that life sentence imposed for kidnapping with bodily injury was not cruel and unusual even if victims injuries were minor
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 the order suggests that the district court independently evaluated the validity of the settlement agreement or passed upon the propriety of the City’s development decision. Cf. State ex rel. Martinez v. Kerr-McGee Corp., 120 N.M. 118, 122, 898 P.2d 1256, 1260 (Ct. App.1995) (observing that it would be “unfair to presume prior determination of an issue from the mere fact of settlement when the contrary may more likely be true”). We regard this seemingly technical distinction as something of substantive import. {13} As an approval of no more than a stipulation to dismiss because of a settlement agreement, the district court order does not represent an adjudication of rights that is entitled to preclusive effect. Cf. Sanchez v. Saylor, 2000-NMCA-099, ¶¶ 24-25,129 N.M. 742, 13 P.3d 960 (<HOLDING>). In other words, the nature of Wal-Mart’s suit Options: A. holding that a bankruptcy courts approval of sale did not bar a subsequent action for conversion because the matter under consideration was not actually litigated in the bankruptcy proceedings the action for conversion did not constitute an impermissible collateral attack on a federal judgment B. holding complaint was not based on a conversion claim but was a declaratory judgment action thus not governed by conversion statute of limitations C. holding that facts as they existed on the date of the original bankruptcy petition not on the date of conversion from chapter 13 to chapter 7 bankruptcy applied D. holding that the 1994 amendment to 348 of the bankruptcy code should control in preamendment ongoing cases and that the debtors tort causes of action that accrued while the case was proceeding under chapter 13 did not become property of the estate or subject to the bankruptcy proceedings upon conversion of the case to chapter 7 proceedings E. recognizing bankruptcy courts jurisdiction over such a collateral attack

assistant: The best answer is A. holding that a bankruptcy courts approval of sale did not bar a subsequent action for conversion because the matter under consideration was not actually litigated in the bankruptcy proceedings the action for conversion did not constitute an impermissible collateral attack on a federal judgment
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: facts. Emanuel, 412 So.2d at 1189. ¶ 62. The State stresses that the record reflects that a competency hearing was held on April 3, 1998. Dr. Lott testified that he had interviewed Snow on September 12, and September 21, 1997 and was of the opinion that Snow was competent to stand trial. Dr. Lott also stated that, in addition to the ability to confer with his attorneys, Snow had a working knowledge of the legal process and exhibited “street savvy.” He testified that Snow understood that he faced charges of capital murder and escape and also understood how the trial would work. Finally, Snow told Dr. Lott that he trusted and could work with his attorneys. ¶ 63. The State submits that Snow did not in any way refute the finding by Dr. Lott. See generally Evans v. State, 725 So.2d 613, 660 (<HOLDING>). Moreover, the State urges that in finding Options: A. recognizing that a defense attorneys opinion on the clients competency or incompetency is an important but not dispositive factor for trial court to consider in its competency determination B. holding that the state does not have to prove a defendants competency to stand trial C. holding that competency standard for stand ing trial is same as standard for determining competency to waive right to counsel D. holding the statutory burden is on the defendant to prove he is incompetent to stand trial E. holding that failure to appoint a second expert to examine the defendants mental competency to stand trial is not fundamental error

assistant: The best answer is B. holding that the state does not have to prove a defendants competency to stand trial
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: finding that Matheny did not act in self defense, the district court did not err in denying his motion for judgment of acquittal. Next, Matheny contends that there was insufficient evidence that he “used” the firearm within the meaning of the statute. Without a citation to any case law, Matheny avers that, when referring to a firearm, “uses” in § 111(b) requires that the defendant “discharge the weapon or attempt to discharge the weapon.” We find that Matheny’s definition is without support. In a § 111(b) prosecution, a court “must apply the ‘ordinary or natural’ meaning of the word ‘use,’ variously defined as ‘[t]o convert to one’s service,’ ‘to employ,’ ‘to avail oneself of,’ and ‘to carry out a purpose or action by means of.’ ” U.S. v. Williams, 520 F.3d 414, 421 (5th Cir.2008) (<HOLDING>). Moreover, in a similar context, interpreting Options: A. holding that swinging and brandishing a shank constituted use under 111b B. holding defendants minimum sentence could not be increased for brandishing a firearm where based on jury instructions jury convicted defendant of the lesser offense of carrying rather than brandishing the firearm C. holding that use of borrowed funds constituted a preference because the funds constituted hard cash available for distribution to creditors D. holding that fact that robbers issued explicit threats while brandishing and pointing their firearms menacingly was not sufficient to constitute otherwise use of the firearm E. holding that use certainly includes brandishing a firearm quotation marks omitted

assistant: The best answer is A. holding that swinging and brandishing a shank constituted use under 111b
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: exercise of religion. Indeed, specifically concerning the Red Cross, we explicitly rejected the argument that the meaning of “instrumentality” for intergovernmental tax immunity purposes could be equated to the meaning of a government “instrumentality” in other contexts. City of Spokane, 918 F.2d at 88. We termed this a “serious logical and semantic error ----based on the fallacy that a word which has a meaning in one context must have the selfsame meaning when transplanted into an entirely different context.” Id. Government-created corporations are often held to be tax-immune government instrumentalities, but courts have also frequently found them not to be subject to constitutional treatment as government actors. Compare United States v. Michigan, 851 F.2d 803, 805 (6th Cir.1988) (<HOLDING>) with Jesinger v. Federal Credit Union, 24 F.3d Options: A. holding state immune from suit involving a federal question B. holding that a railroad owned and operated by the federal government was immune from antitrust action under the governmental immunity doctrine which protects the federal government its agencies and instrumentalities from the reaches of antitrust law C. holding that federal credit unions are governmental units within the meaning 523a8 D. holding federal credit unions to be government instrumentalities immune from state taxation E. holding state immune from suit brought in state court

assistant: The best answer is D. holding federal credit unions to be government instrumentalities immune from state taxation
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: issues therein. 28 U.S.C.A. § 1441(c). In May, 1998, the Fifth Circuit upheld the proposition that a counterclaim defendant could remove if the counterclaim was separate and independent of the original complaint. State of Texas Board of Regents v. Walker, 142 F.3d 813 (5th Cir.1998). In Walker, the State of Texas filed suit against a university professor on a state law claim for violation of his employment contract. The professor then filed a counterclaim joining additional defendants and alleging both state and Federal claims pursuant to § 1983, all of which arose out of his employment termination. The counterclaim defendants subsequently removed the case to federal court. Building on one of its prior rulings, Carl Heck Engineers v. Lafourche Parish Police 622 F.2d 133 (5th Cir.1980) (<HOLDING>) the court held that as long as the Options: A. holding that removal under section 1441c may only be done by the original defendant B. holding that later served defendants each have thirty days to remove to federal court C. recognizing that 1441c limits removal to situations in which a federal question is joined with a separate and independent claim of a nonfederal nature D. holding that a third party indemnity defendant may remove a case to federal court pursuant to 1441c E. holding that 1441c does not allow the remand of claims that are not separate and independent

assistant: The best answer is D. holding that a third party indemnity defendant may remove a case to federal court pursuant to 1441c
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Within ten (10) business days of execution of this Agreement, the Company will reimburse the Legion Group for up to One Hundred Thousand Dollars ($100,000) of its legal fees and expenses incurred in connection with its investment in the Company.

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: (Id. ¶ 372.) Hayward’s admissions of the breakdowns in BP’s process safety plans further support the inference that he was aware of inadequacies. See, e.g., In re Toyota Motor Corp. Sec. Litig., No. CV 10-922 DSF, 2011 WL 2675395, at *4 (C.D.Cal. July 7, 2011) (finding that “the defects at issue were simply too significant for it to be plausible that top ... management was not aware of the possible ramifications of the problem by the time the statements at issue were made.”); see also Plotkin v. IP Axess Inc., 407 F.3d 690, 700 (5th Cir. 2005) (explaining that “an egregious refusal to see the obvious, or to investigate the doubtful, may in some cases give rise to an inference of recklessness.”); see also In re Enron Corp., 2003 WL 21418157 at *3, *15-16 (S.D.Tex. April 24, 2003) (<HOLDING>). The “number, size, timing, nature, frequency, Options: A. recognizing that circumstantial evidence alone can be sufficient to demonstrate a defendants guilt B. holding that red flags along with the defendants positions within the company were sufficient to demonstrate scienter C. holding that evidence of intoxication together with the circumstances of the accident were sufficient to demonstrate recklessness D. holding that plaintiffs adequately pleaded scienter because the allegations supported the inference that the company and the officers were at least reckless in not knowing that the financial statements were false and in failing to disclose internal control weaknesses E. holding the pslra standard for pleading scienter is more stringent than the second circuits standard prior to the act and that motive and opportunity is not an independent basis to show defendants had scienter

assistant: The best answer is B. holding that red flags along with the defendants positions within the company were sufficient to demonstrate scienter
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: adult male; siblings may or may not amount to "substantial family ties,” and if one of his brothers in San Diego was a citizen, two were not. Although the phone number belonged to Awadallah at a former address, it is hard to see why that matters to the investigation. Whether Awadallah was in fact cooperating was surely as unknown to Agent Plunkett as it was to the district court and as it is to us. As to the "box-cutter,” the tool is multi-purpose, and Agent Plunkett expressed no view as to why Awadallah had one. 21 . We assume for purposes of this discussion, without deciding, that evidence obtained in violation of the Fourth Amendment must be excluded from a material witness arrest warrant as well as from a search warrant. See United States v. Marchand, 564 F.2d 983 (2d Cir.1977) (<HOLDING>) (citation omitted). 22 . In arguing that a Options: A. holding that where an arrest was premised on both legally and illegally obtained evidence the validity of the arrest would depend on whether the untainted information considered by itself establishes probable cause B. holding that the validity of the arrest does not depend on whether the suspect actually committed a crime the mere fact that the subject is later acquitted of the offense for which he is arrested is irrelevant to the validity of the arrest C. holding in the alternative that even if handcuffing a suspect did convert the detention into an arrest the arrest was justified by probable cause D. holding that arrest was unsupported by probable cause but granting qualified immunity to defendants who made the arrest in reliance on communications with other officers E. holding that hearsay evidence is considered valuable evidence in testing probable cause to arrest

assistant: The best answer is A. holding that where an arrest was premised on both legally and illegally obtained evidence the validity of the arrest would depend on whether the untainted information considered by itself establishes probable cause
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Subject to the provisions of Section 8.2(a) , each of the Term Agent, the Term Lenders, each Credit Party and each of their Related Persons, is authorized (but not required) to transmit, post or otherwise make or communicate, in its sole discretion, Electronic Transmissions in connection with any Loan Document and the transactions contemplated therein. Each Credit Party and each Secured Party acknowledges and agrees that the use of Electronic Transmissions is not necessarily secure and that there are risks associated with such use, including risks of interception, disclosure and abuse and each indicates it assumes and accepts such risks by hereby authorizing the transmission of Electronic Transmissions.

assistant: Authorizations
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: is you go through a possible panel by questioning them, trying to find their impartiality, trying to find their neutrality on a case like this, and certain jurors are dismissed and you end up with 12. “And you have a right to present your case to those 12 people. And those 12 people have to unanimously decide that you’re guilty. If they don’t have unanimity, if it is not unanimous, then they don’t come back with a guilty verdict on you. That’s in particular what you’re giving up. Do you understand that, [sic] “THE DEFENDANT: Yes, sir. “THE COURT: And is it still your desire to waive that trial to a jury l waiver valid although the district court did not explain that a 12-person jury would need to unanimously agree on guilt); State v. Clemons, 273 Kan. 328, 340-41, 45 P.3d 384 (2002) (<HOLDING>); see also State v. Savage, No. 112,882, 2015 Options: A. holding jury trial waiver valid although district court did not inform defendant of right to unanimous verdict B. holding that trial court did not err in declining to accept jurys first verdict when form stated that the jury found the defendant undecided and trial courts interpretation of the verdict form to mean that the jury was either not unanimous or had not decided yet whether defendant was guilty or not guilty was reasonable and thus trial court properly instructed jury to continue deliberating C. holding that where a jury returned with a unanimous finding of no proximate cause but could not reach a unanimous finding on the question of negligence the jury verdict was simple to harmonize and such a finding compelled a judgment for defendant internal quotation marks omitted D. holding jury trial waiver valid despite defendants argument that district court failed to clearly distinguish between jury trial bench trial and the use of stipulated facts E. holding that where a jury fails to return unanimous answers to some of the questions on a special verdict form the trial judge can enter judgment on the basis of the unanimous verdicts if they are dispositive of the case

assistant: The best answer is A. holding jury trial waiver valid although district court did not inform defendant of right to unanimous 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: No amendment or waiver of any provision of this Guaranty, and no consent to any departure by Guarantor or Beneficiary herefrom, shall in any event be effective unless the same shall be in writing and signed by Beneficiary and Guarantor, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: you agree that the entire risk arising out of your use of the services , and any service or good requested in connection therewith , remains solely with you , to the maximum extent permitted under applicable law .

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: unless you opt out : ( 1 ) you will only be permitted to pursue claims against us or our agents on an individual basis , not as a plaintiff or class member in any class or representative action or proceeding and ( 2 ) you will only be permitted to seek relief ( including monetary , injunctive , and declaratory relief ) on an individual basis .

assistant: None