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: good cause. Floyd, 900 F.2d at 1047; see also Sears, Roebuck & Co. v. Reeves (In re Reeves), 127 B.R. 866, 868 (Bankr.S.D.Cal.1991) (“a court must determine on the facts of each ease whether good cause has been shown.”). Although a court may raise the issue sua sponte, the court must ensure that the plaintiff had notice and an opportunity to be heard on the issue. See Heinz, 131 B.R. at 42. The Seventh Circuit has held that attorney neglect, standing alone, is insufficient to constitute good cause. Floyd, 900 F.2d at 1047 (“simple attorney neglect, without the presence of substantial extenuating factors such as sudden illness or natural disaster, cannot constitute the sole basis for a ‘good cause’ determination.”); see also, Gabriel v. United States, 30 F.3d 75, 77 (7th Cir.1994) (<HOLDING>); Powell, 866 F.2d at 965 (“Neglect by Options: A. holding no justifiable reliance as a matter of law B. holding that plaintiffs alleged reliance on agents alleged representation that credit insurance was necessary was as a matter of law not reasonable since the uncontroverted evidence demonstrated that the terms of the contract were made available to and read by the insured C. holding that in an environmental contamination ease a cause of action accrues when a plaintiff knows or reasonably should know of his or her cause of action and of the identity of a party or parties who may be responsible for the injury D. holding that failure to carefully read rule 4 or relevant ease law in reliance on statement of employee of district court clerks office was not good cause E. holding that plaintiff failed to prove reasonable reliance on a false statement

assistant: The best answer is D. holding that failure to carefully read rule 4 or relevant ease law in reliance on statement of employee of district court clerks office was not good 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 case excerpt and choose the best holding from the options. Case excerpt: composition of old and new oil and the posted price for each. See id. See also MGPC, Inc. v. Canadian Hidrogas Resources, Ltd., 725 F.2d 1376, 1377, 1379 (Em.App.1983) (remanding a case where a contract containing a pricing provision called for prices “consistent with the [federal] pricing guidelines,” so that the trial court might either: (1) ascertain the price by interpreting these regulations; or (2) find that the regulations are too ambiguous to supply a price and determine a reasonably fair price under Section 203-5 of the UCC). Courts have similarly granted specific performance of covenants not to compete, leases, and other agreements, after supplying contractual terms suited to the parties’ initial expectations. See e.g., Gerard v. Almouli, 746 F.2d 936, 939-40 (2nd Cir.1984) (<HOLDING>); McLouth Steel Corp. v. Jewell Coal & Coke Options: A. recognizing the courts right to modify the parties obligations under a restrictive covenant in light of current developments and the parties initial expectations B. holding parties to an exculpatory clause where the parties intent is clear C. holding that property owner who violated restrictive covenant multiple times over several years waived enforcement of same restriction against third parties as matter of law D. holding that the current party was sufficiently identified with the parties to the prior litigation E. holding that a restrictive covenant with a tenyear term was unenforceable

assistant: The best answer is A. recognizing the courts right to modify the parties obligations under a restrictive covenant in light of current developments and the parties initial expectations
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. In the event that any signature is delivered by facsimile transmission or any other form of electronic delivery, such signature shall create a valid and binding obligation of the party executing (or on whose behalf such signature is executed) with the same force and effect as if such signature page were an original thereof.

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: There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Loan Parties threatened at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings or any of its Restricted Subsidiaries or against any of their properties or revenues that (a) purport to affect or pertain to this Agreement or any other Loan Document, or (b) would reasonably be expected to have a Material Adverse Effect.

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 case excerpt and choose the best holding from the options. Case excerpt: statute states in its entirety: “Any person who shall commit the offense of larceny by stealing from the person of another shall be guilty of a felony, punishable by imprisonment in the state prison not more than 10 years.” Mich. Com kes clear that the property must be in the possession or immediate presence of the victim. See, e.g., People v. Wallace, 173 Mich.App. 420, 434 N.W.2d 422, 426 (1988) (quoting Criminal Jury Instruction 23:2:01 which says “the property must have been taken from the person of the complainant,” and defines “‘[f]rom the person’ [to] mean[] that the property must have been taken from the body of the complainant or from within his [or her] immediate area of control or immediate presence”); People v. Smith, 68 Mich.App. 551, 243 N.W.2d 681, 683 (1976) (<HOLDING>); People v. Johnson, 25 Mich.App. 258, 181 Options: A. holding that theft from the person is not a crime of violence B. recognizing that an action will lie for conversion of money when its identification is possible and there is an obligation to deliver the specific money in question or otherwise particularly treat the specific money C. holding the general rule is that money paid to another under a mistake of fact may be recovered because the money belongs in equity and good conscience to the person who paid it D. holding that taking money from a victim offering the money out of fear of violence can be larceny from the person because there is no consent and the money was removed from the actual possession or custody of the person or his immediate pres ence viz the area within his control E. holding that if defendants developed the intent to deprive the victim of his money only after they beat him unconscious theft would constitute larceny from the person but not robbery

assistant: The best answer is D. holding that taking money from a victim offering the money out of fear of violence can be larceny from the person because there is no consent and the money was removed from the actual possession or custody of the person or his immediate pres ence viz the area within his 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 case excerpt and choose the best holding from the options. Case excerpt: any case that specifically addresses the precise issue here, i.e., whether the US-CIS’s termination of an alien’s refugee status constitutes final agency action.” R. 31 PagelD# : 568. But “the parties do cite cases that have considered whether the USCIS’s termination of an alien’s asylee status or its denial of an application to adjust status is final agency action within the meaning of the APA.” Id. The Court agrees with the Magistrate Judge that “[t]hese cases provide a useful framework for resolving the issues before this Court.” Id. Where removal proceedings are pending, such as in this case, further administrative relief is available and the termination of an alien’s current status is an intermediate, nonfinal agency action. See Qureshi v. Holder, 663 F.3d 778, 781 (5th Cir.2011) (<HOLDING>); see also Cabaccang v. USCIS, 627 F.3d 1313, Options: A. holding that epa action initiating permitting proceedings was not final agency action B. holding that termination of asylum is not final agency action because it is only an intermediate step in a multistage administrative process succeeded or accompanied by removal proceedings C. holding that it was within the discretion of the bia to deny a motion to reopen because it was not accompanied by an asylum application D. holding that because the ij denied an asylum application as untimely we lacked subjectmatter jurisdiction to review the final order of removal as it pertained to the asylum claim E. holding issuance of administrative complaint to initiate proceedings not final agency action

assistant: The best answer is B. holding that termination of asylum is not final agency action because it is only an intermediate step in a multistage administrative process succeeded or accompanied by removal proceedings
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: that the County’s allegations that MERS violated recording statutes by failing to record assignments stated a claim for relief), In re Thomas, 447 B.R. 402, 412 (Bankr.D.Mass.2011) (applying Massachusetts law and holding that “[w]hile the assignment purports to assign both the mortgage and the note, MERS ... was never the holder of the note, and therefore lacked the right to assign it.... MERS is never the owner of the obligation secured by the mortgage for which it is the mortgagee of record”), and In re Wilhelm, 407 B.R. 392, 404 (Bankr.D.Idaho 2009) (applying Idaho law and holding that MERS is not authorized “either expressly or by implication” to transfer notes as the “nominal beneficiary” of the lender), with Town of Johnston v. MERSCORP, Inc., 950 F.Supp.2d 379, 384 (D.R.I.2013) (<HOLDING>); DeFranceschi v. Wells Fargo Bank, N.A., 837 Options: A. holding rhode island law does not require recording of assignments among mers members B. holding that minnesota law does not require recording of assignments of promissory notes among mers members C. holding that the mere absence of a tape recording or transcript does not mean that an alien is deprived of his due process rights D. holding that informant acted under color of law when fbi supervised recording E. holding that a letter describing discussions between board members did not support conclusion that the three members whom a jury could find individually acted with racial animus had an understanding among themselves to do so

assistant: The best answer is A. holding rhode island law does not require recording of assignments among mers members
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 this Agreement nor any of its terms or provisions may be amended, modified, changed, waived or discharged, except (and subject to the final sentence of this Section 20.2.8 ): (a) for the avoidance of doubt, for Manager’s right to make changes to the Total Rewards Program and Centralized Services as and to the extent expressly permitted under this Agreement, (b) as between Manager and Tenant, as set forth in Sections 5.1.7 , 5.12 and 10.4 and (c) by an instrument in writing signed by each Party hereto. Notwithstanding the foregoing or anything otherwise contained in this Agreement, for as long as the indebtedness secured by the Existing Landlord’s Lender remains outstanding (or for so long as any Landlord Financing Documents prohibit modification of this Agreement absent the applicable Landlord’s Lender’s consent), no modification of any nature of this Agreement pursuant to this Section 20.2.8 (in the case of any Landlord’s Lender other than the Existing Landlord’s Lender, to the extent such modification requires such Landlord’s Lender’s consent under such Landlord Financing Documents) shall be permitted absent Landlord’s express written consent, and any purported modification as to which Landlord shall not have consented expressly in writing shall be void ab initio .

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 legal provision and list the applicable contract clause categories. Provision: The following definitions shall apply as used herein and in the individual Award Agreements except as defined otherwise in an individual Award Agreement. In the event a term is separately defined in an individual Award Agreement, such definition shall supersede the definition contained in this Section 2.

assistant: Definitions
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: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LENDER AND CREDIT PARTIES, AFTER CONSULTING OR HAVING HAD THE OPPORTUNITY TO CONSULT WITH COUNSEL, KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE, IRREVOCABLY, THE RIGHT TO TRIAL BY JURY WITH RESPECT TO ANY LEGAL PROCEEDING BASED HEREON, OR ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT, THE PROMISSORY NOTE, ANY LOAN DOCUMENT OR ANY OF THE OBLIGATIONS, THE COLLATERAL, OR ANY OTHER AGREEMENT EXECUTED OR CONTEMPLATED TO BE EXECUTED IN CONJUNCTION WITH THIS AGREEMENT, OR ANY COURSE OF CONDUCT OR COURSE OF DEALING IN WHICH LENDER AND CREDIT PARTIES ARE ADVERSE PARTIES. THIS PROVISION IS A MATERIAL INDUCEMENT FOR LENDER GRANTING ANY FINANCIAL ACCOMMODATION TO BORROWER.

assistant: Waiver Of Jury Trials
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: duolingo websites ( `` websites '' ) and mobile applications , including the tinycards application ( `` apps '' ) and related services ( together with the websites , the `` service '' ) , including our language proficiency testing services ( the `` duolingo english test '' ) are operated by duolingo , inc. ( `` duolingo , '' `` us , '' or `` we '' ) .

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: overstay fees for late checkouts on the checkout date that do not impact upcoming bookings may be limited to the additional costs incurred by the host as a result of such overstay .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as would not impair in any material respect the ability of the Company to consummate its obligations hereunder, no consent, approval, authorization, order, license, registration or qualification of or with any court or arbitrator or governmental or regulatory authority is required for the execution, delivery and performance by the Company of this Agreement and the consummation of the transactions contemplated by this Agreement.

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 case excerpt and choose the best holding from the options. Case excerpt: and found that he had purged himself of the contempt without prejudice to his and the Bexar County Center’s pending appeal of the June 30, 2003 order. On September 25, 2003, another panel of this court denied the petition for writ of mandamus filed by Evans and the Bexar County Center, finding that Evans and the Bexar County Center had an adequate remedy by means of their appeal. Evans later filed a petition for writ of mandamus asking this court to direct the trial court to vacate the contempt judgment against him. Before oral argument, this court consolidated this second mandamus proceeding with the appeal by Evans and the Bexar County Center. II. Issues Pkesented In their appeal, Evans and the Bexar County Center (collectively referred to hereinafter as t W. 915, 917 (1925) (<HOLDING>). Therefore, we hold that the Bex-ar County Options: A. holding that both saline county and grant county had jurisdiction to try the appellant for murder where the actual killing occurred in one county but the acts requisite to the consummation of the murder and the subsequent disposal of the body occurred in the other county B. recognizing county officers as those whose general authority and jurisdiction are confined within the limits of the county in which they are appointed who are appointed in and for a particular county and whose duties apply only to that county and through whom the county performs its usual political functions C. holding a county and a road district had standing to sue state highway commission and county tax collector based on their interest in and control over the public roads of the county D. holding that the county had no standing to sue the state to recover taxes illegally obtained from citizens unless the money belongs to the county E. holding before the apa definition of person was amended to include county that the board of county commission ers of dolores county could not sue the state agency that had ordered reappraisals of real property in dolores county in connection with valuation for ad valorem taxation because the board of county commissioners was not a person under the apa and did not otherwise have authority to sue under statute or constitution

assistant: The best answer is C. holding a county and a road district had standing to sue state highway commission and county tax collector based on their interest in and control over the public roads of the county
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: In connection with the performance of this Agreement, you acknowledge that you will continue to have access to trade secrets and other confidential or proprietary information of Cubic and its subsidiaries. You agree to refrain from disclosing any confidential information, trade secrets or proprietary information relating to the services, products, processes, techniques, future developments, costs, profits, business development, market information and other subject matter pertaining to the business of Cubic or its subsidiaries that you acquire or learn during the Term of this Agreement. Your obligations under this Section 12 apply during the Term of your employment pursuant to this Agreement and indefinitely thereafter. This obligation does not apply to information already in the public domain.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: by `` facebook '' or '' facebook services '' we mean the features and services we make available , including through ( a ) our website at www.facebook.com and any other facebook branded or co-branded websites ( including sub-domains , international versions , widgets , and mobile versions ) ; ( b ) our platform ; ( c ) social plugins such as the like button , the share button and other similar offerings ; and ( d ) other media , brands , products , services , software ( such as a toolbar ) , devices , or networks now existing or later developed .

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: Headings are given to the sections and subsections of this Agreement solely as a convenience to facilitate reference. Such headings shall not be deemed in any way material or relevant to the construction or interpretation of this Agreement or any provision hereof or thereof.

assistant: Headings
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 GUARANTY MAY BE ENFORCED IN ANY FEDERAL COURT OR STATE COURT SITTING IN HENNEPIN COUNTY, MINNESOTA; AND THE GUARANTOR CONSENTS TO THE JURISDICTION AND VENUE OF ANY SUCH COURT AND WAIVES ANY ARGUMENT THAT VENUE IN SUCH FORUMS IS NOT CONVENIENT.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Within one hundred eighty (180) days after receipt by Tenant of a Statement, if Tenant disputes the amount of Additional Rent set forth in the Statement, a member of Tenant's finance department, or an independent certified public accountant (which accountant is a member of a nationally recognized accounting firm and is not working on a contingency fee basis) (" Tenant's Accountant "), designated and paid for by Tenant, may, after reasonable notice to Landlord and at reasonable times, inspect Landlord's records with respect to the Statement at Landlord's offices, provided that there is no existing Event of Default and Tenant has paid all amounts required to be paid under the applicable Estimate Statement and Statement, as the case may be. In connection with such inspection, Tenant and Tenant's agents must agree in advance to follow Landlord's reasonable rules and procedures regarding inspections of Landlord's records, and shall execute a commercially reasonable confidentiality agreement regarding such inspection. Tenant's failure to dispute the amount of Additional Rent set forth in any Statement within one hundred eighty (180) days of Tenant's receipt of such Statement shall be deemed to be Tenant's approval of such Statement and Tenant, thereafter, waives the right or ability to dispute the amounts set forth in such Statement. If after such inspection, Tenant still disputes such Additional Rent, a determination as to the proper amount shall be made, at Tenant's expense, by an independent certified public accountant (the " Accountant ") selected by Landlord and subject to Tenant's reasonable approval; provided that if such Accountant determines that Direct Expenses were overstated by more than five percent (5%), then the cost of the Accountant and the cost of such determination shall be paid for by Landlord, and Landlord shall reimburse Tenant for the cost of Tenant's Accountant (provided that such cost shall be a reasonable market cost for such services). Tenant hereby acknowledges that Tenant's sole right to inspect Landlord's books and records and to contest the amount of Direct Expenses payable by Tenant shall be as set forth in this Section 4. 6 , and (except as set forth in the next succeeding sentence) Tenant hereby waives any and all other rights pursuant to applicable law to inspect such books and records and/or to contest the amount of Direct Expenses payable by Tenant.

assistant: Records
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 known.”- Id. The error Petitioner asserts in her Petition is the denial of her right to fair process under the Due Process Clause and the INA and FARRA. Consequently, isdiction of the United States are protected by the Due Process Clause, however, does not lead to the conclusion that all aliens are entitled to the same rights as citizens or to the conclusion that all aliens must be treated alike. See Mathews, 426 U.S. at 78, 96 S.Ct. 1883. Indeed, the Supreme Court has held that, although the Due Process Clause protects an alien subject to a final order of deportation, .“the nature of that protection may vary depending upon status and circumstance.” Zadvydas, 533 U.S. at 694, 121 S.Ct. 2491. See also Wong Wing v. United States, 163 U.S. 228, 232-38, 16 S.Ct. 977, 41 L.Ed. 140 (1896) (<HOLDING>). “The distinction between an alien who has Options: A. holding that the phrase resident alien means an alien lawfully residing in the united states B. holding alien not denied judicial review because habeas was available C. recognizing burden is on alien when alien is removable D. holding that despite fact that congress could withhold judicial review of decision to not admit resident alien seeking readmission upon landing and vest decision exclusively with executive officers alien did have rights to due process to challenge provision of statute confining alien to year of hard labor E. holding that notice to an alien at the most recent address provided by the alien is legally sufficient

assistant: The best answer is D. holding that despite fact that congress could withhold judicial review of decision to not admit resident alien seeking readmission upon landing and vest decision exclusively with executive officers alien did have rights to due process to challenge provision of statute confining alien to year of hard labor
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: GMS hereby represents and warrants to the Stockholder as follows: (a) it has all necessary power and authority to execute and deliver this Agreement and to perform its obligations hereunder, (b) the execution, delivery and performance of this Agreement by GMS have been duly and validly authorized by all necessary corporate action on the part of GMS, and (c) this Agreement has been duly and validly executed and delivered by GMS and, assuming the due authorization, execution and delivery by the Stockholder, constitutes a legal, valid and binding obligation of GMS enforceable against GMS in accordance with its terms , subject to the effect of any applicable bankruptcy, insolvency (including all Laws relating to fraudulent transfers), reorganization, moratorium or similar Laws affecting creditors’ rights generally and subject to the effect of general principles of equity (regardless of whether considered in a proceeding at law or in equity) .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: that K.E.W. was disheveled and was wearing the same socks for weeks as proof of a diminished ability to clothe himself properly. But these facts were not cited as support by either Dr. Stone or Dr. Ortiz, neither of which spoke to the question of KE.W’s ability to function independently or to provide for his basic needs. “[P]oor grooming is insufficient ‘to justify depriving an individual of her liberty,’ ” and poor hygiene, while demonstrative of mental illness, does not, in itself “rise to the level of an overt act or pattern of behavior that confirms a substantial deterioration of a person’s ability to function independently to provide for her basic needs.” See Armstrong v. State, 190 S.W.3d 246, 252 (Tex.App.-Houston [1st Dist.] 2006, no pet.), citing to J.M., 178 S.W.3d at 195 (<HOLDING>). Section 574.034(a)(2)(C)(ii) requires a Options: A. recognizing a constitutional right of privacy in mental health records B. holding that patients refusal to bathe and brush her teeth did not rise to level of sufficient act or pattern of behavior to support court ordered mental health services C. holding the trial court violated the separation of powers doctrine when it ordered the office of the state attorney to pay for the costs of mental health experts evaluating the defendant D. holding that trial counsel did not act unreasonably in failing to raise the issue of the defendants mental health at trial E. recognizing counsels ability to waive statutory right to a mental health hearing

assistant: The best answer is B. holding that patients refusal to bathe and brush her teeth did not rise to level of sufficient act or pattern of behavior to support court ordered mental health services
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: (same). Hames may nevertheless be liable for the damage caused by the search if, as Sosa asserts, Hames made material misstatements and omissions in the Affidavit supporting the Warrant. “A search warrant may be voided if the affidavit supporting the warrant contains deliberate falsity or reckless disregard for the truth ... and this rule includes material omissions.” Dahl v. Holley, 312 F.3d 1228, 1235 (11th Cir.2002) (citations omitted). “Nonetheless, the warrant is valid if, absent the misstatements or omissions, there remains sufficient content to support a finding of probable cause.” Id. (allegedly misstated or omitted facts did not alter determination that considering the “totality of the circumstances” there was a sufficient basis 11, 85 S.Ct. 741, 13 L.Ed.2d 684 (1965) (<HOLDING>). The Affidavit does not state that Sosa Options: A. holding warrant valid where search warrant application affidavit was signed and probable cause existed for issuance of warrant B. holding that eyewitness accounts and an officers observations established probable cause C. holding affiant entitled to rely upon observations of investigators as basis for probable cause for search warrant D. holding that observations made a during prior illegal search should not have been included in the affidavit for the search warrant E. holding that under fourth amendment standards for determining probable cause for arrest and probable cause for search and seizure are same

assistant: The best answer is C. holding affiant entitled to rely upon observations of investigators as basis for probable cause for search warrant
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: (a) Neither the Agent nor any Lender shall disclose any Confidential Information to any other Person without the consent of the Borrower, other than (i) to the Agent's or such Lender's Affiliates and their officers, directors, employees, agents and advisors on a "need to know" basis and subject to the requirements of Section 8.06(e), to actual or prospective assignees and participants, (ii) as required by any law, rule or regulation or judicial process, (iii) as requested or required by any state, federal or foreign authority or examiner regulating banks or banking or other financial institutions or self regulatory authority, (iv) in connection with the exercise of any remedies hereunder or any suit, action or proceeding relating to this Agreement or the enforcement of rights hereunder, (v) subject to an agreement containing provisions substantially the same as those of this Section, to any actual or prospective party (or its Related Parties) to any swap, derivative or other transaction under which payments are to be made by reference to the Borrower and its obligations, this Agreement or payments hereunder and (vi) with the consent of the Borrower. In the case of a disclosure pursuant to clause (ii) above, the disclosing party agrees, to the extent practicable and permitted by applicable law, to promptly notify the Borrower prior to such disclosure and to request confidential treatment. In addition, the Arranger, the Agent and the Lenders may disclose the existence of this Agreement and information about this Agreement to market data collectors, similar service providers to the lending industry and service providers to the Agent and the Lenders in connection with the administration of this Agreement and the Commitments.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall not be amended, altered, changed, modified, supplemented or rescinded in any manner except by a written contract executed by all of the parties; provided , however , that, the signature of the Escrow Agent shall not be required as to any amendment of this Agreement other than an amendment of Section 2.3 .

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 legal provision and list the applicable contract clause categories. Provision: Set forth on Schedule 6.13 is a complete and accurate list as of the Restatement Effective Date of each Subsidiary of the Company, together with (i) number of shares of each class of Capital Stock outstanding, (ii) number and percentage of outstanding shares of each class owned (directly or indirectly) by the Company or any Subsidiary and (iii) number and effect, if exercised, of all outstanding options, warrants, rights of conversion or purchase and all other similar rights with respect thereto. The outstanding Capital Stock of each Subsidiary is validly issued, fully paid and non-assessable.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: As of the date hereof and throughout the Term (i) none of Borrower, Leasehold Pledgor, Mezzanine A Borrower, Mezzanine A Leasehold Pledgor, any Individual Owner, any Operating Lessee nor any Guarantor, nor any ERISA Affiliate, sponsors, or is obligated to contribute to, an “employee benefit plan,” as defined in Section 3(3) of ERISA, that is subject to Title IV of ERISA, Section 303 of ERISA or Section 412 of the Code, (ii) none of the assets of Borrower, Leasehold Pledgor, Mezzanine A Borrower, Mezzanine A Leasehold Pledgor, any Individual Owner, any Operating Lessee or any Guarantor constitutes or will constitute “plan assets” within the meaning of 29 C.F.R. Section 2510.3-101 as modified in operation by Section 3(42) of ERISA, (iii) none of Borrower, Leasehold Pledgor, Mezzanine A Borrower, Mezzanine A Leasehold Pledgor, any Individual Owner, any Operating Lessee nor any Guarantor is or will be a “governmental plan” within the meaning of Section 3(32) of ERISA, and (iv) none of Borrower, Leasehold Pledgor, Mezzanine A Borrower, Mezzanine A Leasehold Pledgor, any Individual Owner, any Operating Lessee nor any Guarantor is subject to state statutes regulating investment of, and fiduciary obligations with respect to, governmental plans. As of the date hereof, none of Borrower, Leasehold Pledgor, Mezzanine A Borrower, Mezzanine A Leasehold Pledgor, any Individual Owner nor any Operating Lessee nor any ERISA Affiliate maintains, sponsors or contributes to or has any obligations with respect to a “defined benefit plan” (within the meaning of Section 3(35) of ERISA) or a “multiemployer pension plan” (within the meaning of Section 3(37)(A) of ERISA). Neither Borrower, Leasehold Pledgor, Mezzanine A Borrower, Mezzanine A Leasehold Pledgor, any Individual Owner nor any Operating Lessee has engaged in any transaction in connection with which it could be subject to either a material civil penalty assessed pursuant to the provisions of Section 502 of ERISA or a material tax imposed under the provisions of Section 4975 of the Code.

assistant: Erisa
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: 98th Cong., 2nd Sess. 183-210 (1984) [hereinafter 1983 Policy Statement with page references to Deception: FTC Oversight ]. The total impression test still forms the basis of the deception standard, id. at 184 n. 4 (discussing the “overall impression” created by a representation), but the FTC supplemented the test with additional requirements. Under the standard elucidated in 1983, deception requires not only a representation or omission that is likely to mislead, but also that: (1) the practice is likely to mislead the consumer who is acting reasonably in the circumstances; and (2) the representation or omission is material, that is, the consumer is likely to have chosen differently but for the deception. Id. at 184-86; see also FTC v. Wilcox, 926 F.Supp. 1091, 1098 (S.D.Fla.1995) (<HOLDING>). B. Unfairness The FTC standard on Options: A. holding that a deceptive practice consists of a material representation or omission that is likely to mislead consumers acting reasonably under the circumstances B. holding that a promissory statement of future intent which does not come to fruition is not an unfair or deceptive practice C. recognizing purpose of ccpa as protection of consumers from unfair illegal or deceptive acts D. holding in preemption case involving car manufacturer that material omission claims were preempted but that false representation claims survived E. holding that treble damages are appropriate under ohio law when the seller engages in an unconscionable practice or deceptive act

assistant: The best answer is A. holding that a deceptive practice consists of a material representation or omission that is likely to mislead consumers acting reasonably under the 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: Any notices to be given hereunder by either party to the other may be effected either by personal delivery in writing or by certified mail. Mailed notices shall be addressed to the parties at the addresses appearing just under their signature on the execution page of this Agreement, but each party may change his address by giving written notice thereof to the other party.

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 case excerpt and choose the best holding from the options. Case excerpt: Coffees’ contention that the Government’s moving of the documents from their home in Ohio to Philadelphia should not permit the Government to bootstrap its desire for venue here. This factor is thus neutral. Disruption of the Defendant’s Business Thomas Coffee argues that he is currently employed as a “remodeler/handy-man” in Ohio under the company name “Coffee Enterprises, Inc.”. He argues that he will have to stop working during the trial if it is held in Philadelphia, whereas in Ohio he will be able to work after court or during breaks. Thus, Coffee pére argues that this reality favors transfer. Thomas Coffee also notes that the “marginal” nature of his business should not make this factor stand any less in his favor, see United States v. Haley, 504 F.Supp. 1124, 1128 (E.D.Pa.1981) (<HOLDING>). At today’s hearing, defense counsel Options: A. holding that evidence of a defendants invocation of the right to remain silent ordinarily is not admissible at the defendants criminal trial B. holding that trial counsels failure to call defendants family members as witnesses during penalty phase was reasonable trial strategy and not ineffective assistance of counsel C. holding that trial counsel was not deficient in the presentation of defendants life history during the penalty phase because the jury was aware of most aspects of the defendants life that the defendant argued should have been presented D. holding that trial counsels performance in failing to object move to strike or request an admonishment of the jury with respect to the defendants criminal history was deficient and that it could not be said that the references to the defendants criminal history did not impact the jurys decision where the evidence was not overwhelming and reversing for a new trial E. holding that this factor favored transfer when one of the defendants was merely planning to pump gas at night during trial on the basis that defending criminal charges should not include the penalty of financial ruin where the trial might be conducted properly and legally in a forum near defendants homes and businesses

assistant: The best answer is E. holding that this factor favored transfer when one of the defendants was merely planning to pump gas at night during trial on the basis that defending criminal charges should not include the penalty of financial ruin where the trial might be conducted properly and legally in a forum near defendants homes and businesses
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: utilitarian, not an expressive, purpose and do not incorporate artwork created by Plaintiffs”). This is not always an easy task, because there are “inherent line-drawing problems associated with distinguishing among artwork with presumptively expressive content (such as [paintings, photographs, prints, and sculptures]), merchandise with potentially expressive content (such as ‘the crafts of the jeweler, the potter and the silversmith’), and merchandise "with no expressive content.” Mastrovincenzo, 435 F.3d at 85 (quoting and citing Bery, 97 F.3d at 696). Moreover, some objects are otherwise utilitarian, but can become “inextricably intertwined” with “pure elements of speech” when they are sold to disseminate political, religious, or philosophical messages, Gaudiya, 952 F.2d at 1064-65 (<HOLDING>); see also One World, 76 F.3d at 1011-12 Options: A. holding that limitations placed upon the religious activities of two prison groups found to be religious organizations were reasonable under the circumstances B. holding that religious and political groups sale of merchandise and literature was fully protected C. holding that exclusion of religious groups from universitys open forum policy violated the first amendment D. holding that the sale of music buttons and bumper stickers bearing political religious and ideological messages was fully protected by the first amendment E. holding that imputed political opinion is a protected ground

assistant: The best answer is B. holding that religious and political groups sale of merchandise and literature was fully protected
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 execution by the Administrative Agent or the Lenders of this First Amendment, nor any other act or omission by the Administrative Agent or the Lenders or their officers in connection herewith, shall be deemed a waiver by the Administrative Agent or the Lenders of any Defaults or Events of Default which may exist, which may have occurred prior to the date of the effectiveness of First Amendment or which may occur in the future under the Credit Agreement and/or the other Loan Documents. Similarly, nothing contained in this First Amendment shall directly or indirectly in any way whatsoever either: (a) impair, prejudice or otherwise adversely affect the Administrative Agent’s or the Lenders’ right at any time to exercise any right, privilege or remedy in connection with the Loan Documents with respect to any Default or Event of Default, (b) except as expressly provided herein, amend or alter any provision of the Credit Agreement, the other Loan Documents, or any other contract or instrument, or (c) constitute any course of dealing or other basis for altering any obligation of the Borrower or any right, privilege or remedy of the Administrative Agent or the Lenders under the Credit Agreement, the other Loan Documents, or any other contract or instrument.

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 legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed in counterparts, all of which together shall constitute an agreement binding on all the parties hereto, notwithstanding that all such parties are not signatories to the original or the same counterpart. Each party shall become bound by this Agreement immediately upon affixing its signature hereto or, in the case of a Person acquiring a Unit, upon accepting the certificate evidencing such Unit or executing and delivering a Transfer Application as herein described, independently of the signature of any other party.

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: This Agreement has been, and each other Loan Document, when delivered hereunder, will have been, duly executed and delivered by the Borrower that is a party thereto. This Agreement constitutes, and each other Loan Document when so delivered will constitute, a legal, valid and binding obligation of the Borrower that is a party thereto, enforceable against the Borrower in accordance with its terms, except as enforceability may be limited by Debtor Relief Laws and general equitable principles.

assistant: Binding Effects