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: whole. It is the dissent that is trying to "grab bag” one provision, namely section 1, and interpret it separate and apart from the rest of the article. Moreover, because the language of article VIII is plain, it is improper to explore its legislative history, as the dissent would have us do. "The rule which should be applied is that laws, and especially foundational laws such as our Constitution, should be interpreted and applied according to the plain import of their language as it would be understood by persons of ordinary intelligence and experience.” State v. Phillips, 540 P.2d 936, 938 (Utah 1975), disavowed on other grounds, State v. Taylor, 664 P.2d 439, 448 n. 4 (Utah 1983); see also University of Utah v. Board of Examiners, 4 Utah 2d 408, 428, 295 P.2d 348, 361 (1956) (<HOLDING>); Society of Separationists, Inc. v. Whitehead, Options: A. recognizing that the constitutional right to appeal must be given a practical construction B. holding that if constitutional provision is clear then extraneous or contemporaneous construction may not be resorted to C. holding that a provision of the constitution is to be construed in the sense in which it was understood by the framers and the people at the time of its adoption but that if new products or circumstances that did not exist at the time the constitutional provision was enacted fall within the meaning of the provision the constitutional provision applies to them D. holding that if precise issue is not clear in statute reviewing court must not simply impose its own construction but must determine whether agencys construction is permissible E. holding that an error is plain if it is clear or obvious

assistant: The best answer is B. holding that if constitutional provision is clear then extraneous or contemporaneous construction may not be resorted to
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: recently construed this identical statutory provision in State v. Cereceres, 166 Ariz. 14, 800 P.2d 1 (App.1990). We find its analysis both helpful and persuasive. It stated: Use of the word “custody” is not uniform. It is commonly interchangeable with such terms as “imprisonment”, “jail”, “arrest”, and “detention”. Consequently, its meaning varies depending upon the construction of the particular statute under consideration____ [W]e note that A.R.S. § 13-709(B) is located in the chapter of the penal code relating to sentencing. Its stated purpose is to credit a defendant with all time served in presentence incarceration. The word “custody” thus appears in the context of serving a sentence of imprison-ment____ Accordingly, we can reasonably infer that the legi 803, 804 (App.1987) (<HOLDING>). We also believe that this interpretation is Options: A. holding that a defendant is entitled to credit only for periods in which defendant is in actual or constructive control of jail or prison officials B. holding that a defendant is entitled to credit only when in actual or constructive control of jail or prison officials and that a central conceptual difference exists between incarceration and structured rehabilitation and treatment C. holding that ownership or possession or actual control is needed D. holding defendant who received treatment in a state hospital was not entitled to jail credit for that time E. holding that a defendant who does not receive concurrent sentences on multiple charges is not entitled to have his jail time credit pyramided by being given credit on each sentence for the full time he spends in jail awaiting disposition he is only entitled to jail credit on the first of the consecutive sentences quoting daniels v state 491 so2d 543 545 fla1986

assistant: The best answer is A. holding that a defendant is entitled to credit only for periods in which defendant is in actual or constructive control of jail or prison officials
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: when the co-host agreement is terminated , the host will remain responsible for all of the co-host 's actions prior to the termination , including the responsibility to fulfill any pending or future bookings initiated prior to the termination .

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: subject to this eula and its terms and conditions , rovio hereby grants you a non-exclusive , non-transferable , non-sublicensable , limited right and license to use one copy of the software for your personal non-commercial use for gameplay on a single computer or gaming unit , unless otherwise specified in the software documentation .

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: court erred when it dismissed his petition without ruling on his motions for Rule 32 discovery or on his ex parte applications for funds. (Issue III in Boyd’s appellate brief.) As Boyd maintains, the circuit court never ruled on his discovery motions or on his ex parte applications for funds. However, Boyd never objected to the circuit court’s failure to rule on those matters and never attempted to invoke a ruling of the circuit court as to those matters. Because Boyd suffered no adverse ruling from the circuit court, this issue is not properly before us for review. See Allen, supra, 825 So.2d at 270-71. See also Conners v. State, 837 So.2d 319, 322 (Ala.Crim.App.2001); cert. denied, 837 So.2d 326 (Ala.2002), overruled on different grounds, Ex parte Deramus, 882 So.2d 878 (Ala.2003) (<HOLDING>); Ruggs, supra, 601 So.2d at 512 (holding that Options: A. holding that appellant did not preserve error because he failed to obtain ruling on motion for continuance B. holding that a habeas petitioner failed to preserve for review a claim regarding the circuit courts failure to rule on his discov ery motion because the petitioner never objected to the courts failure to rule and suffered no adverse ruling C. holding that a prisoners failure to pursue an appeal in state court is a procedural bar to federal habeas relief unless the petitioner shows both cause for failing to bring the state claim and actual prejudice from the failure to consider his federal claims D. holding that a federal court may excuse a state habeas petitioners procedural default if the petitioner can show cause for the failure to raise the claim and prejudice resulting from such failure E. recognizing that district courts should resolve issues related to jurisdiction or venue prior to ruling on a motion to dismiss for failure to state a claim

assistant: The best answer is B. holding that a habeas petitioner failed to preserve for review a claim regarding the circuit courts failure to rule on his discov ery motion because the petitioner never objected to the courts failure to rule and suffered no adverse ruling
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: There are no actions, suits or proceedings pending or, to the knowledge of the Borrower, threatened against or affecting the Borrower or any material Property of any of the Borrower, at law or in equity or before or by any Governmental Authority, which involve any of the transactions contemplated herein or which, if adversely determined against the applicable Person, could reasonably be expected to result in a Material Adverse Change. The Borrower is not in default with respect to any judgment, order, writ, injunction, decree, rule or regulation of any Governmental Authority or any agreement with any Person, which involves a reasonable possibility of any Material Adverse Change.

assistant: Litigations
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 of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any subsequent breach by either party. In the event any provision of this Agreement is found to be invalid or unenforceable, it may be severed from the Agreement, and the remaining provisions of the Agreement shall continue to be binding and effective.

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: actually beyond the jury’s competence. No such showing was made in the instant matter. The crimes here may have been large in number and variety, but they were rather ordinary in nature, except in their viciousness. The evidence could also be understood without difficulty, the alleged complexity stemming more from the abundance of evidence than from the subtlety of the analysis needed to consider it. DiNome, 954 F.2d at 842 (quoted in Baker, 10 F.3d at 1388). Although the inclusion of several RICO and VICAR counts make this case more difficult in terms of the legal concepts involved than was true for Baker and the Second Circuit cases that it cites, the predicate or underlying crimes alleged are well within the ability of the ordinary juror to understand. See Baker, 10 F.3d at 1388 (<HOLDING>). Moreover, given the district court’s careful Options: A. holding that it was not plain error for the district court to find the police officers identification of a defendant as a member of the fresno bulldogs gang and testimony about the nature and identifying characteristics of the organization including drug distribution were relevant in a drug conspiracy case B. recognizing in dicta that the juror affidavit submitted in support of the second new trial motion was obtained in clear violation of the district courts order and the courts local rule against juror interviews on this basis alone the district court would have been acting within its discretion in disregarding the affidavit C. holding that trial courts denial of motion for new trial based on juror misconduct was justified where there was no evidence presented at hearing on motion that juror had knowingly concealed relevant litigation experience during voir dire and identity of juror as county court litigant was not demonstrated D. holding that drug manufacturing and distribution even on such a large scale as in this case is not beyond the competence of the ordinary juror E. holding that a communication between the judge and juror which is unrelated to the case being tried is not improper and prejudicial

assistant: The best answer is D. holding that drug manufacturing and distribution even on such a large scale as in this case is not beyond the competence of the ordinary juror
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 and to all existing leases, if any, and any future leases covering all or any part of the Mortgaged Property ... and any guaranties of the lessees’ obligations under any thereof_ [Moreover, Brewery] ... does further hereby ... assign to the [City] all of the rents ... now or hereafter accruing or owing from the Leases.... The Leases and all of said Rents are being hereby ... assigned for the purpose of securing ... the following: (1) payment of all indebtedness evidenced by the Action Grant Loan Agreement ...; (3) performance and discharge of each and every obligation, covenant and agreement of [Brewery] contained herein and in the Action Grant Loan Agreement and the incurred any expenses related to the property during the redemption period. See G.G.C. Co., 287 N.W.2d at 382-83 (<HOLDING>). Procedure 11 for filing "a frivolous lawsuit” Options: A. holding that the mortgagee had no right to rents under its assignment of rents during the redemption period because it purchased the property for the full amount of the mortgage debt at its foreclosure sale B. holding that an assignment of rents clause in a mortgage is enforceable after foreclosure during the redemption period to secure any deficiency and to pay any expenses associated with maintaining the property C. holding that a party is not entitled to pursue a separate action for deficiency judgment where the foreclosure complaint includes a prayer for a deficiency judgment and the foreclosure court reserves jurisdiction to enter a deficiency judgment D. holding that the assignment of rents clause contained in the mortgage was enforceable during the period of redemption for the purpose of securing the 300000 deficiency existing after foreclosure of the mortgage E. holding assignment of a mortgage was not subject to article 9

assistant: The best answer is B. holding that an assignment of rents clause in a mortgage is enforceable after foreclosure during the redemption period to secure any deficiency and to pay any expenses associated with maintaining the property
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: benefitted, which was the concern in Holmes. Unlike the situation in Holmes, Commercial and its fellow class members are not alleging an injury that was derivative of injury to others. Commercial does not seek to recover based on “the misfortunes visited upon a third person by the defendant’s acts.” Holmes, 503 U.S. at 268, 112 S.Ct. 1311; see also Laborers, 191 F.3d at 238-39 (“[T]he critical question posed by the direct injury test is whether the damages a plaintiff sustains are derivative of an injury to a third party. If so, then the injury is indirect; if not, it is direct.”). It claims to have lost profits directly as the result of Colin’s underbidding, which it achieved through its violation of § 1324(a). See Terminate Control Corp. v. Horowitz, 28 F.3d 1335, 1343 (2d Cir.1994) (<HOLDING>); Mid Atlantic Telecom Inc. v. Long Distance Options: A. holding plaintiffs could not obtain compensation for both lost value and lost profit B. holding that the value of business opportunities lost due to defendants rico violations is compensable C. holding that damages for loss of favorable interest rate on oneyear certificate of deposit were excluded because they constituted lost profits or opportunities D. holding that the plaintiffs did not have standing to bring a civil rico claim predicated on illegal gambling because they failed to allege a compensable injury E. holding that severance payments are compensable as actual damages and not speculative in nature like damages for lost opportunities and profits

assistant: The best answer is B. holding that the value of business opportunities lost due to defendants rico violations is compensable
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: over the interi- or of the car, including the front passenger seat floorboard, any more than the presence of other occupants in Brown negated the defendant’s control over contraband found in his plain view in common areas of a house he owned and occupied. Brown and its progeny therefore dictate that sufficient evidence existed for the question of the driver’s dominion and control to be submitted to the jury. We acknowledge that a jury issue on a driver’s dominion and control over contraband may not be present under different circumstances. For example, the State may fail to present evidence inconsistent with a reasonable hypothesis of innocence that a passenger had exclusive dominion and control over the contraband. See, e.g., Corker v. State, 31 So.3d 958, 960 (Fla. 1st DCA 2010) (<HOLDING>). But this concern is generally not implicated Options: A. holding that the arresting officer lacked probable cause to arrest defendant a rear seat passenger of a car for possession of marijuana based on the discovery of two marijuana seeds in the front of the vehicle B. holding that car passenger had legitimate expectation of privacy in his jacket found crumpled on the back seat of car C. holding the evidence sufficient to support a finding that the defendant a front seat passenger of a vehicle occupied by three individuals was in constructive possession of marijuana found in white bag directly under the defendants seat D. holding in a review of probation revocation that a male driver did not have dominion and control over marijuana in a multicolored makeup pouch concealed in the back seat of the car near where the female passenger in question was sitting E. holding that evidence was sufficient to sustain conviction of front seat passenger of possession with intent to distribute marijuana in paper bag in foot well of volkswagen on passengers side near gearshift in presence of marijuana smoke

assistant: The best answer is D. holding in a review of probation revocation that a male driver did not have dominion and control over marijuana in a multicolored makeup pouch concealed in the back seat of the car near where the female passenger in question was sitting
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 WW Investors, on the one hand, and the Company, on the other hand, acknowledges and agrees that irreparable injury to the other Party hereto would occur in the event any of the provisions of this Agreement was not performed in accordance with its specific terms or was otherwise breached and that such injury would not be adequately compensable by the remedies available at law (including the payment of money damages). It is accordingly agreed that WW Investors, on the one hand, and the Company, on the other hand (the “ Moving Party ”), shall each be entitled to specific enforcement of, and injunctive relief to prevent any violation (or threatened violation) of, the terms hereof, and the other Party hereto (a) will not take action, directly or indirectly, in opposition to the Moving Party seeking such relief on the grounds that any other remedy or relief is available at law or in equity, (b) agrees to waive any applicable right or requirement that a bond be posted by the Moving Party, and (c) if such Moving Party is awarded a final unappealable judgment in its favor in connection with the enforcement of the terms of this Agreement, the other Party shall reimburse the Moving Party for all of its reasonable and documented out-of-pocket costs incurred pursing such final judgment. This Section 6 is not the exclusive remedy for any violation of this Agreement, but will be in addition to all other remedies available at law or in equity.

assistant: Specific Performance
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: some offline titles may not be playable in certain countries and if you go online in a country where you would not be able to stream that offline title , the offline title will not be playable while you are in that country .

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 termination of the Agreement shall not affect Agent’s or any Lender’s rights, or any of the Obligations having their inception prior to the effective date of such termination or any Obligations which pursuant to the terms hereof continue to accrue after such date, and the provisions hereof shall continue to be fully operative until (a) all of the Obligations have been Paid in Full and this Agreement has been terminated and (b) each of the Loan Parties has released the Secured Parties from and against any and all claims of any nature whatsoever that any Loan Party may have against the Secured Parties. The security interests, Liens and rights granted to Agent and Lenders hereunder and the financing statements filed in connection herewith shall continue in full force and effect, notwithstanding the termination of this Agreement or the fact that Borrowers’ Account may from time to time be temporarily in a zero or credit position, until all of the Obligations have been Paid in Full and this Agreement has been terminated in accordance with its terms. Accordingly, each Loan Party waives any rights which it may have under the Uniform Commercial Code to demand the filing of termination statements with respect to the Collateral, and Agent shall not be required to send such termination statements to each Loan Party, or to file them with any filing office, unless and until all of the Obligations have been Paid in Full and this Agreement shall have been terminated in accordance with its terms. All representations, warranties, covenants, waivers and agreements set forth herein shall survive termination hereof until all of the Obligations have been Paid in Full and this Agreement has been terminated.

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 case excerpt and choose the best holding from the options. Case excerpt: § 13A-5^t0(a)(5) states only one offense (the capital murder of a law enforcement officer) and states two alternative theories (“while [the] officer ... is on duty” or “because of some official or job-related act”) on which the jury may base its conviction. Thus, the State argues, the trial court did not err in refusing to require it to elect which count would go to the jury. We agree. The Supreme Court of the United States has held that the Sixth Amendment right to a jury trial guarantees a defendant the right to a unanimous verdict in a federal trial. Andres v. United States, 333 U.S. 740, 748, 68 S.Ct. 880, 92 L.Ed. 1055 (1948). However, the Supreme Court has held that, at 26 Kan. 308, 597 P.2d 1108 (1979); Commonwealth v. Devlin, 335 Mass. 555, 565-68, 141 N.E.2d 269, 274-76 (1957) (<HOLDING>); People v. Embree, 70 Mich.App. 382, 384, 246 Options: A. holding that the jury need not agree on the theory supporting the conviction if there is sufficient evidence to support either theory B. holding that defensive theory must be submitted to jury when theory is raised by evidence from any source C. holding a complaint sufficiently raises a claim even if it points to no legal theory or even if it points to the wrong legal theory as a basis for that claim D. holding previous homicide conviction does not become element of murder merely because sentencing enhancement will apply based on previous conviction E. holding that a homicide conviction is acceptable even if the jury does not specify a theory

assistant: The best answer is E. holding that a homicide conviction is acceptable even if the jury does not specify a theory
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: prejudiced.” Asbill v. Housing Auth. of Choctaw Nation, 726 F.2d 1499, 1504 (10th Cir.1984). We have implied approval of this harmless error approach in other cases, analyzing whether an error in one of multiple claims submitted to the jury was harmless. See Fleet Nat’l Bank v. Anchor Media Tel., Inc., 45 F.3d 546, 555 (1st Cir.1995) (while the invalid claim “was not the primary focus of lappellee’s] case,” counsel mentioned it in opening and closing arguments and'called a witness specifically to testify to this aspect of the case); Kassel v. Gannett Co., 875 F.2d 935, 950 (1st Cir.1989) (“In this instance, we cannot say the error was harmless. A substantial amount of plaintiffs proof addressed the [erroneous claim]”); Brochu v. Ortho Pharm. Corp., 642 F.2d 652, 662 (1st Cir.1981) (<HOLDING>). We follow the harmless error approach here in Options: A. holding that defendant was not harmed by submission of invalid fraud claim B. holding that evidence of nonpayment of salary and writing of bad checks did not result in submission of unpled theories of fraud liability where evidence supported pled fraud claim based on nonpayment of loan C. holding that the state must prove consent was voluntary not simply a submission to authority D. holding that governments weak interest in preserving grand jury secrecy did not warrant in camera submission where party seeking access to submission would learn of submission contents as soon as he was called as a grand jury witness E. holding that fraud claim requires proof that the defendant made a material representation that was false

assistant: The best answer is A. holding that defendant was not harmed by submission of invalid fraud claim
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: or reasonable and prudent at the time.” (citations omitted)). 22 . Thrift contends that the Second Note was a renewal of the First Note; the Hubbards do not agree with this characterization. 23 . At the time Thrift wrote the letter, he believed that the stock transfer had not satisfied the original debt. 24 . Peerless argues that allowing compounded interest would impermissibly add to the contract. Awards of prejudgment interest are damages, however, and need not be specified in the contract nor agreed to by the parties. 25 . See Enterprise-Laredo Assocs. v. Hachar's, Inc., 839 S.W.2d 822, 839 (Tex.App.—San Antonio 1992, writ denied) (''[Pjrejudgment interest may be awarded on a breach of contract claim.”); O’Reilly v. Grafham, 797 S.W.2d 399, 401-02 (Tex.App.—Austin 1990, no writ) (<HOLDING>). 26 . Tex.Rev.Stat.Ann. art. 5069-1.05, § 1 Options: A. holding teague applies to capital cases B. holding that strickland applies to cases involving successive representation C. holding that cavnar rule applies to nonpersonal injury economic damages cases D. holding that eaja applies to court proceedings for review of social security cases E. holding that rule 9b applies to fca

assistant: The best answer is C. holding that cavnar rule applies to nonpersonal injury economic damages cases
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: 612 F.2d 432, 440 (9th Cir.1979), cert, denied, 447 U.S. 925, 926, 100 S.Ct. 3019, 3020, 65 L.Ed.2d 1118 (1980). 40 . Accord, e.g., Charron v. United States, 200 F.3d at 789; cf., e.g., United States v. IBM Corp. (In re IBM Corp.), 618 F.2d 923, 932 (2d Cir.1980) (" 'Judges, while expected to possess more than the average amount of self-restraint, are still only human. They do not possess limitless ability, once passion is aroused, to resist provocation.’ ”). 41 . The cases plaintiffs cite in support of this argument (Pis. Br. at 22) are inapposite, since the factual circumstances were very different. In both cases, the judge was reversed, and upon remand, expressed his resultant personal offense to the party and counsel. United States v. Holland, 655 F.2d 44, 45, 47 (5th Cir. 1981) (<HOLDING>); Alexander v. Primerica Holdings, Inc., 10 Options: A. holding the issue of recusal of the trial judge to be preserved for appellate review must be raised in the trial court B. holding that the defendant is not entitled to be sentenced by the judge who took his plea when the judge made no promise to sentence him C. holding that a defendant was not entitled to a relief under section 2255 when he asserted that the sentencing judge who was not the trial judge was influenced by the sentence imposed by the trial judge on a codefendant D. holding that the trial court did not abuse its discretion by refusing to accept the defendants guilty pleas to two counts of the indictment and stating that even if the trial court erred the error had not prejudiced the defendant because he was found guilty by the jury of the charges to which he intended to plead and the evidence of the other crimes would have been admissible in the trial for the first degree murder charge E. holding that a reasonable man would be convinced that the trial judges impartiality might be questioned where the judge commented that defendant had broken faith with the court at his first trial by consenting to the judge visiting the jury room but then raising the issue on appeal and stated that he intended to increase defendants sentence because of these circumstances

assistant: The best answer is E. holding that a reasonable man would be convinced that the trial judges impartiality might be questioned where the judge commented that defendant had broken faith with the court at his first trial by consenting to the judge visiting the jury room but then raising the issue on appeal and stated that he intended to increase defendants sentence because of these circumstances
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: During the Employment Term, the Executive shall serve as the President and Chief Executive Officer of the Company, reporting to the Board of Directors (the " Board "). In such position, the Executive shall have such duties, authority, and responsibility as shall be determined from time to time by the Board, which duties, authority, and responsibility are consistent with the Executive's position. The Executive shall also serve as a member of the Board for no additional compensation.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: If a Change in Control occurs with respect to a Participant, the Participant shall be immediately 100 percent vested in the Supplemental Company Contributions, DC SERP Contributions, and the earnings and/or losses credited to his Account with respect to such Supplemental Company Contributions and DC SERP Contributions as of the date of such Change in Control. Supplemental Company Contributions, DC SERP Contributions, and the earnings and/or losses credited to his Account with respect to such Supplemental Company Contributions and DC SERP Contributions after the date of a Change in Control shall continue to vest in accordance with the vesting schedule in subsection (b) hereof.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company has taken no action which would give rise to any claim by any person for a brokerage commission, placement agent or finder’s fees or similar payments by Holder relating to this Agreement or the transactions contemplated hereby. The Company shall indemnify and hold harmless each of Holder, its employees, officers, directors, stockholders, managers, members, agents, attorneys, and partners, and their respective affiliates, from and against all claims, losses, damages, costs (including the costs of preparation and attorneys’ fees) and expenses suffered in respect of any such claimed or existing fees.

assistant: Brokers
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: reality that the United States is the only country in the world that continues to give official sanction to the juvenile death penalty. This reality does not become controlling, for the task of interpreting the Eighth Amendment remains our responsibility. Yet at least from the time of the Court’s decision in Trop [v. Dulles], the Court has referred to the laws of other countries and to international authorities as instructive for its interpretation of the Eighth Amendment’s prohibition of “cruel and unusual punishments.” 356 U.S. [86], at 102-103, 78 S.Ct. 590 [2 L.Ed.2d 630 (1958) ] (plurality opinion) (“The civilized nations of the world are in virtual unanimity that statelessness is not to be imposed as punishment for crime”); see also Atkins, supra, at 317, n. 21, 122 S.Ct. 2242 (<HOLDING>); Thompson [v. Oklahoma, 487 U.S. 815], supra, Options: A. holding that the death penalty was categorically prohibited for juvenile offenders B. holding that mentally retarded capital murderers are constitutionally ineligible for death penalty C. recognizing that within the world community the imposition of the death penalty for crimes committed by mentally retarded offenders is overwhelmingly disapproved D. holding the death penalty unconstitutional for mentally retarded defendants E. holding the eighth and fourteenth amendments forbid imposition of the death penalty on offenders who were under the age of eighteen when their crimes were committed

assistant: The best answer is C. recognizing that within the world community the imposition of the death penalty for crimes committed by mentally retarded offenders is overwhelmingly disapproved
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 given under this Agreement will be sufficient if in writing and either: (a) mailed postage prepaid by registered or certified mail, return receipt requested; or (b) delivered by hand to, in the case of Farmer Mac, 1999 K Street, N.W., Washington, D.C. 20006, attention General Counsel or, in the case of the Executive, at his address identified in the payroll records of Farmer Mac (or to such other addresses as may be from time to time designated by notice from the recipient party to the other) with a copy delivered to Daniel L. Schwartz, Day Pitney LLP, One Canterbury Green, Stamford, CT 06901. Any such notice will be effective upon actual receipt or refusal thereof.

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 Security Agreement shall be governed by, and construed in accordance with the laws of the State of New York without regard to conflicts of law rules that would result in the application of a different governing law except that matters concerning the validity and perfection of a security interest shall be governed by the conflict of law rules set forth in the UCC. Each Debtor hereby consents to the application of New York civil law to the construction, interpretation and enforcement of this Security Agreement, and to the application of New York civil law to the procedural aspects of any suit, action or proceeding relating thereto, including, but not limited to, legal process, execution of judgments and other legal remedies.

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 case excerpt and choose the best holding from the options. Case excerpt: between 100% pure WCT populations, slightly hybridized WCT populations (90% pure and greater), and other hybrid WCT stock, offering priority protection to the pure and slightly hybridized stock. See A.R. at 821. Without assessing the propriety of the distinctions drawn by Montana, the Court notes the Montana plan demonstrates that a reasoned, scientific consideration of which WCT are properly considered as part of a “viable” population is possible and even appropriate. To the extent that the Montana plan represents expertise, upon which FWS relied in making its listing determination, it is troubling that FWS apparently ignored Montana’s reasoning and example regarding the need for differentiation between levels of hybridization in WCT stock. See, e.g., Defenders, 958 F.Supp. at 685 (<HOLDING>). Second, and most importantly for this Court’s Options: A. holding that the court must find that the agency entirely failed to consider an important aspect of the problem offered an explanation for its decision that runs counter to the evidence before the agency or the decision is so implausible that it could not be ascribed to a difference in view or the product of agency expertise B. holding that although the court must defer to an agencys expertise it must do so only to the extent that the agency utilizes rather than ignores the analysis of its experts C. holding that a court must defer to an agencys reasonable interpretation of a statute even if the court might have preferred another D. holding that when a court is asked to construe an ambiguous statute it must defer to the interpretation set out in a regulation promulgated by the agency charged with administering the statute so long as the agencys interpretation is reasonable E. holding that we show deference to an agencys conclusions in the area of its expertise

assistant: The best answer is B. holding that although the court must defer to an agencys expertise it must do so only to the extent that the agency utilizes rather than ignores the analysis of its experts
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 one or more counterparts, each of which will be deemed an original, and all of which together will be deemed to be one and the same instrument. Signatures to this Agreement transmitted by facsimile transmission, by electronic mail in portable document format (.pdf) form, or by any other electronic means intended to preserve the originals graphic and pictorial appearance of a document, will have the same effect as physical delivery of the paper document bearing the original signatures, and shall be deemed original signatures by both Parties.

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: § 1252(b)(4)(B); Yanqin Weng v. Holder, 562 F.3d 510, 513 (2d Cir.2009). I. Violation of China’s Family Planning Policy As an initial matter, the BIA’s application of Shi Liang Lin v. U.S. Dep’t of Justice, 494 F.3d 296 (2d Cir.2007) (en banc), and Matter of J-S-, 24 I. & N. Dec. 520 (A.G.2008), was not error because the BIA was bound to apply the law in effect at the time it entered its decision. See NLRB v. Coca-Cola Bottling Co. of Buffalo, Inc., 55 F.3d 74, 78 (2d Cir.1995) (“Appellate courts ordinarily apply the law in effect at the time of the appellate decision.”). Moreover, Ye had the opportunity to present his claim after the issuance of Shi Liang Lin because his merits hearing did not occur until the following year. See Burger v. Gonzales, 498 F.3d 131, 134 (2d Cir.2007) (<HOLDING>). The BIA reasonably concluded that Ye failed Options: A. holding that a petitioner must show prejudice in order to prevail on a claim that he or she was denied a full and fair hearing in violation of due process B. holding that there is no due process violation where the ijs finding was not arbitrary and the alien was not denied a full and fair opportunity to present his claims C. holding that to establish a violation of due process an alien must show that she was denied a full and fair opportunity to present her claims internal quotation marks omitted D. holding that an alien is entitled to the fifth amendment guarantee of due process which is satisfied by a full and fair hearing E. holding that in order to warrant equitable tolling alien claiming ineffective assistance of counsel must demonstrate due diligence in pursuing the case during the period the alien seeks to toll internal quotation marks omitted

assistant: The best answer is C. holding that to establish a violation of due process an alien must show that she was denied a full and fair opportunity to present her claims internal quotation marks omitted
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 Revolving Line terminates on the Maturity Date and the principal amount of all Revolving Advances, the unpaid interest thereon, and all other Note Indebtedness relating to the Revolving Line shall be immediately due and payable.

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 case excerpt and choose the best holding from the options. Case excerpt: disagreement is, however, a very narrow one. We agree, given the policy concerns that animate PACA and the general record-keeping requirements set forth in the regulations, see, e.g., 7 C.F.R. §§ 46.14, 46.15, that, in the absence of a writing, there is a presumption against finding that a shipper either has consented to dumping or has agreed that no certification for dumping is necessary. Cf. Jameson v. Valerio’s Produce Co., 46 Agric.Dec. 653, 1985 WL 62906, at *3 (1985) (indicating that proof of dumping rule is intended to protect shippers and growers of produce and holding that, although there therefore is a presumption against waiver, oral waivers of the proof of dumping requirement are per missible); Bagley Produce Co. v. Simpson, 39 Agric.Dec. 456, 1980 WL 21163, at *2 (1980) (<HOLDING>). As the above cases illustrate, however, the Options: A. holding that a district court did not clearly err in finding consent where two agents testified that the defendant orally consented but the defendant denied having orally consented and would not sign a written consent form B. holding that because the individual was being illegally detained when he consented to the search of his luggage that consent was tainted by the illegality C. holding that defendants consent was involuntary where defendant consented to search following a warrantless entry and officers explained that absent consent the officers would obtain a warrant D. holding that shipper acquieseed in the dumping of produce because unrebutted evidence established that shippers agent consented to dumping no written agreement evincing such consent was produced or mentioned E. holding that insurance agents owe no duty to procure coverage for persons with no written or oral agreement with the agent to procure coverage or who have never contacted the agent about insurance coverage

assistant: The best answer is D. holding that shipper acquieseed in the dumping of produce because unrebutted evidence established that shippers agent consented to dumping no written agreement evincing such consent was produced or mentioned
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: Cohn & Co. v. American Appraisal Assocs., Inc., 628 F.2d 994, 999 (7th Cir.1980). We believe that this fear is present because Lesch is subject to a unique defense. Lesch’s deposition testimony showed that in his position during 1985 and 1986, he “had access to all the financial and operational data of the corporate office and the operating companies ... including] Union Underwear [predecessor to Fruit of the Loom]”. Lesch Dep., at pp. 470-71. He also testified that he attended meetings with fellow employees in which they discussed Velsicol’s environmental liabilities and their magnitude. Lesch Dep., at pp. 65-67, 534-41. The issue of Velsicol’s environmental liabilities is a major claim in plaintiffs’ Complaint. See Endo v. Albertine, 812 F.Supp. 1479, 1486-88 (N.D.Ill. Jan. 29, 1993) (<HOLDING>). Furthermore, to the extent actual reliance Options: A. holding that a motion court is compelled to dismiss late filed claims B. holding that presumption is applicable in motion to dismiss context C. holding that a motion to dismiss based on a forumselection clause should be treated as a rule 12b3 motion to dismiss for improper venue D. holding that the trial court erred by granting the defendants motion to dismiss E. holding that the issue of velsicols retained environmental liabilities withstands a motion to dismiss while rejecting other claims

assistant: The best answer is E. holding that the issue of velsicols retained environmental liabilities withstands a motion to dismiss while rejecting other claims
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 Company has insurance in such amounts and covering such risks and liabilities as are customary for companies of a similar size engaged in similar businesses in similar locations. All insurance required to be maintained by the Companies under the immediately preceding sentence is in full force and effect, all premiums in respect thereof have been duly paid. Except for exceptions to the following that could not reasonably be expected to result in a Material Adverse Effect, all Real Property of each Company, and the use, occupancy and operation thereof, comply in all respects with all Insurance Requirements.

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: although tripadvisor displays information about properties owned by third-party suppliers and facilitates reservations with certain suppliers on instant booking and affiliate sites , such actions do not in any way imply , suggest , or constitute tripadvisor 's sponsorship or approval of third-party suppliers , or any affiliation between tripadvisor and third-party suppliers .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement contains the entire agreement between the Parties with respect to the subject matter hereof, and no oral promises, agreement or warranties affecting it and no prior or subsequent agreement adding to, altering or waiving any term, condition or provision hereof shall be valid and enforceable unless in writing and similarly executed.

assistant: Entire Agreements