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: has an interest” under the language of § 506(a), and therefore no portion of the lien may be voided under § 506(d); 2) allowing such lien avoidance inequitably gives debtors more in Chapter 7 than in reorganization chapters; and 3) allowing such lien avoidance under § 506(d) would render redundant 11 U.S.C. § 722, which allows for redemption of personal property but not real property. Id. at 589-90. Other courts adopting the minority view include In re Lange, 120 B.R. 132, 135 (9th Cir.BAP 1990) (listing above reasons and adopting reasoning of Dewsnup); In re Mammoser, 115 B.R. 758, 759-60 (Bankr.W.D.N.Y.1990) (rejecting reasoning of Gaglia and holding that § 506(d) is not an avoiding power, but rather an implementing provision); In re Shrum, 98 B.R. 995, 1002 (Bankr.W.D.Okla.1989) (<HOLDING>); In re Maitland, 61 B.R. 130, 132-35 Options: A. holding that the debtor could retain exempt property because it was not property of the estate B. holding that abandoned or exempt property is no longer part of the estate and therefore 506d is not available to void the undersecured portion of a lien C. holding that property not subject to sequestration is not therefore exempt D. holding that because property was no longer property of the estate the court could not order turnover E. recognizing that exempt property ceases to be property of the estate

assistant: The best answer is B. holding that abandoned or exempt property is no longer part of the estate and therefore 506d is not available to void the undersecured portion of a lien
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: Enter into any arrangement, directly or indirectly, with any person whereby it shall sell or transfer any property, real or personal, used or useful in its business, whether now owned or hereafter acquired, and thereafter rent or lease such property or other property which it intends to use for substantially the same purpose or purposes as the property being sold or transferred (a “Sale and Leaseback Transaction”) unless (i) the sale of such property is permitted by Section 6.06 and (ii) any Attributable Indebtedness in respect of such Sale and Leaseback Transaction permitted by Section 6.01.

assistant: Sales
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: Pencil Co. v. Howard, 87 U.S. (20 Wall.) 498, 507, 22 L.Ed. 410 (1874); see also Diamond v. Diehr, 450 U.S. 175, 185, 101 S.Ct. 1048, 1056, 67 L.Ed.2d 155 (1981) (citing cases). Accordingly, Congress has authorized the protection of the embodiment of an idea, the expression of an idea, a process, a design, or a product. A product’s different aspects can be protected simultaneously by more than one of the statutory means for the protection of intellectual property. See, e.g., Bonito Boats, Inc. v. Thunder Craft Boats, Inc., 489 U.S. 141, 154, 165-67, 109 S.Ct. 971, 979, 985-86, 103 L.Ed.2d 118 (1989) (patent laws do not conflict with trademark protection and unfair competition laws); Kewanee Oil Co. v. Bicron Corp., 416 U.S. 470, 476-478, 94 S.Ct. 1879, 1883-84, 40 L.Ed.2d 315 (1974) (<HOLDING>); Application of Mogen David Wine Corp., 328 Options: A. recognizing that copyright offices interpretation of copyright act should ordinarily receive deference B. recognizing tort of palming off even where article at issue not protected by federal copyright law C. recognizing that patent protection extends to elements not protected adequately by copyright D. holding that the two elements of a copyright infringement claim are 1 the plaintiff owns a valid copyright right and 2 the defendants copied constituent elements of the work that are original E. holding patent policy incorporated by reference into patent agreement

assistant: The best answer is C. recognizing that patent protection extends to elements not protected adequately by copyright
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The representations and warranties of the Seller contained herein and in the other Seller Basic Documents shall be true and correct on the Closing Date with the same effect as if made on the Closing Date (except that certain representations and warranties are made as of the Cutoff Date), and the Seller shall have performed all obligations to be performed by it hereunder and under the other Seller Basic Documents on or before the Closing Date.

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 legal provision and list the applicable contract clause categories. Provision: No failure to exercise and no delay in exercising, on the part of the Agent or any Lender, any right, remedy, power or privilege hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

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: All notices, requests, demands and other communications required or permitted to be given pursuant to this Agreement must be in writing and will be deemed to have been duly given on the day of delivery if delivered by hand, on the day of transmission if sent by facsimile or electronic mail with confirmation of receipt (or on the next business day if not sent on a business day), on the first business day following deposit with a nationally recognized overnight mail service, delivery charges prepaid, or on the third business day following first class mailing, with postage prepaid to the “Authorized Agent” for the addressees in the introductory paragraph. A Party may change its address, telephone number or facsimile number by prior written notice 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: at the beginning of an encounter is not justified even seconds later if the justification for the initial force has been eliminated. See Abraham v. Raso, 183 F.3d 279, 294 (3d Cir.1999) (finding issue of fact regarding whether officer was justified in firing on vehicle from side after stepping out of the way to avoid being run over, and explaining that “[a] passing risk to a police officer is not an ongoing license to kill an otherwise unthreatening suspect”); Dickerson v. McClellan, 101 F.3d 1151, 1162 n. 9 (6th Cir.1996) (noting that analyzing separate segments of single encounter may be appropriate if “the officers’ initial decision to shoot was reasonable under the circumstances but there was no need to continue shooting”); Ellis v. Wynalda, 999 F.2d 243, 247 (7th Cir.1993) (<HOLDING>); see also Bates ex rel. Johns v. Chesterfield Options: A. holding that when fleeing felon tossed a mesh bag weighing four or five pounds toward the officer the officer would have been justified if he fired at that moment out of fear that the bag might knock his firearm out of his hand but that he was not justified in firing after bag hit him and fell to the ground without injuring him and suspect turned and ran B. holding the opening and inventory of a shoulder bag was reasonable despite the possible alternative of securing the bag as a whole C. holding that the opening of a makeup bag was justified when a woman had grabbed the bag when the officer turned away had resisted it being taken from her the bag felt heavy her companion had been armed the previous day and the officer and individual were alone D. holding an officers reasonable suspicion that the suspect was armed was sufficient justification for seizure of suspects makeup bag and exigent circumstances justified the subsequent warrantless search of the closed bag E. holding that the owner of a shoulder bag located on the front seat of his girlfriends car had a legitimate expectation of privacy in the bag and its contents

assistant: The best answer is A. holding that when fleeing felon tossed a mesh bag weighing four or five pounds toward the officer the officer would have been justified if he fired at that moment out of fear that the bag might knock his firearm out of his hand but that he was not justified in firing after bag hit him and fell to the ground without injuring him and suspect turned and ran
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Unless the following requirement is waived by the Committee in its sole discretion, the payments and benefits payable under Section 4(a) shall not apply unless the Participant delivers (and does not revoke) an executed and effective release acceptable to the Company releasing the Company, its Subsidiaries, stockholders, partners, officers, directors, employees and agents from any and all claims and from any and all causes of action of any kind, including but not limited to all claims or causes of action arising out of the Participant’s employment with the Company or the termination of such employment (the “ Release ”). The Participant shall execute and return such Release within the time period provided for by the Company, but in no event later than 50 days of the Date of Termination (the “ Release Deadline ”). If the Release has not been returned on or before the Release Deadline, the Participant shall not be entitled to any benefits and payments pursuant to Section 4(a) of this Vesting Program.

assistant: Releases
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: admitted. Finally, with regard to the alleged Golden Rule arguments, the trial court warned Plaintiffs counsel to use general terms at the bench conference and, after the admonishment, there were no further objections by Defendant. {29} We hold that the trial court did not abuse its discretion in denying Defendant’s motion for a mistrial or Defendant’s motion for a new trial. II. PUNITIVE DAMAGES AWARD {30} The evidence was clearly sufficient for the jury to conclude that the conduct of Defendant was reckless and warranted an award of punitive damages, and Defendant does not argue otherwise. Defendant’s argument is that the amount of punitive damages award is grossly excessive and therefore unconstitutional. See Bogle v. Summit Inv. Co., 2005-NMCA-024, ¶ 33, 137 N.M. 80, 107 P.3d 520 (<HOLDING>). {31} In considering on appeal whether a Options: A. holding the exclusion did not violate the equal protection clause of the wyoming constitution or the fourteenth amendment to the united states constitution B. holding references to a defendants lack of remorse violate the fifth eighth and fourteenth amendments C. recognizing that as stated in cooper industries v leatherman tool group inc 532 us 424 43334 121 sct 1678 149 led2d 674 2001 punitive damage awards that are grossly excessive violate the eighth and fourteenth amendments to the united states constitution D. holding that the execution of individuals who were under 18 years of age at the time they committed capital crimes violates the eighth and fourteenth amendments to the united states constitution E. holding that deference is warranted only when it appears that congress delegated authority to the agency generally to make rules carrying the force of law and that the agency interpretation claiming deference was promulgated in the exercise of that authority and discussing united states v mead corp 533 us 218 22627 121 sct 2164 150 led2d 292 2001 and chevron usa inc v natural res def council inc 467 us 837 84245 104 sct 2778 81 led2d 694 1984

assistant: The best answer is C. recognizing that as stated in cooper industries v leatherman tool group inc 532 us 424 43334 121 sct 1678 149 led2d 674 2001 punitive damage awards that are grossly excessive violate the eighth and fourteenth amendments to the united states constitution
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: at 226). In In re Hall, the court held that a “single catalogued thesis in one university library” at Frieburg University, Germany, constituted sufficient accessibility to those interested in the art exercising reasonable diligence. Id. at 899-900. As the court in American Stock Exchange, LLC v. Mopex. Inc. recently observed: The need to flip through hundreds of documents, although time-consuming, clearly falls within the bounds of “reasonable diligence”. Surely, if a single copy of a doctoral dissertation maintained in one university library in Germany has been found to be “publicly accessible”, see In re Hall, 781 F.2nd at 899-900, so too is an application that is indexed in the Reference Room — the most logical place to look for prior art. 250 F.Supp. 2nd 323, 329 (S.D.N.Y.2003) (<HOLDING>). To a person of skill in the art, browsing a Options: A. holding that public demonstration of electronic organ at show for national association of music manufacturers constituted public use under section 102b despite fact that instrument was not then available for sale to the public B. holding prior publication must not only disclose all elements of the claim within the four corners of the document but must also disclose those elements arranged as in the claim internal citations omitted C. holding a document accessible only through the public reference room at the securities and exchange commission constituted a printed publication under 102b D. holding that plaintiffs personal opinion on how the kansas corporation commission should carry out the statutory purposes of the kansas securities act is not public policy E. holding that the judges entry into the jury room constituted reversible error

assistant: The best answer is C. holding a document accessible only through the public reference room at the securities and exchange commission constituted a printed publication under 102b
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: these updates may include updated versions of our applications , which may automatically electronically upgrade the versions used on your device , as well as updates to wearables and other connected products .

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: Borrowers (a) will deliver to Agent, with copies to each Lender, each of the financial statements, reports, and other items set forth on Schedule 5.1 no later than the times specified therein, (b) agree that no Subsidiary of a Loan Party will have a fiscal year different from that of Parent, (c) agree to maintain a system of accounting that enables Borrowers to produce financial statements in accordance with GAAP, and (d) agree that they will, and will cause each other Loan Party to, (i) keep a reporting system that shows all additions, sales, claims, returns, and allowances with respect to their and their Subsidiaries’ sales, and (ii) maintain their billing systems and practices substantially as in effect as of the Closing Date and shall only make material modifications thereto with notice to, and with the consent of, Agent.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: At the end of any imposed restricted or deferral period, if applicable, the Participant shall be entitled to receive from the Company, with respect to each Performance Unit, (i) cash equal to the Fair Market Value of a Share at that time, or (ii) one Share; provided that unless otherwise approved by the Board, a Performance Unit representing a partial Share shall be paid only in cash. A Participant will not be entitled to receive any earnings on the value of his or her Performance Units with respect to the period between the end of the applicable restricted or deferral period and the receipt of payment under the Plan.

assistant: Payments
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: submits an application [to cure]” is superfluous. Tex. Civ. Prac. & Rem Code § 103.051(e); see also Columbia Med. Ctr. of Las Colinas, Inc. v. Hogue, 271 S.W.3d 238, 256 (Tex.2008) (“The Court must not interpret the statute in a manner that renders any part of the statute meaningless or superfluous.”). Moreover, the Legislature's creation of a right to review under expressly defined circumstances evidences a legislative expectation that the same right to review is not available when those circumstances are not present. See PPG Indus., Inc. v. JMB/Houston Ctrs. Partners Ltd. P’ship, 146 S.W.3d 79, 84 (Tex.2004) (“When the Legislature includes a right or remedy in one part of a code but omits (emphasis added); Edwards Aquifer Auth. v. Chem. Lime, Ltd., 291 S.W.3d 392, 404-05 (Tex.2009) (<HOLDING>) (emphasis added); see also Helena Chem. Co. v. Options: A. holding that magistrate had substantial basis for determining that probable cause existed where affidavit which recited information received from anonymous tip from informer in february 2007 regarding narcotic activity on unspecified date included several details about defendant and residence that were later confirmed officer found residue that fieldtested positive for marihuana in garbage can located on street directly in front of residence on march 1 2007 officer found marihuana stems seeds and residue in garbage can on march 5 and search warrant was issued on march 6 and executed on march 7 B. holding that provision in edwards aquifer authority act that declaration of historical use must be filed on or before march 11994 prohibited latefiled applications C. holding that the district court and this court had subject matter jurisdiction over the defendants motion for modification of sentence based on amendment 706 even though the defendant filed the motion before march 3 2008 because the district court ruled on the motion after that date D. holding that edwards aquifer acts cap on landowners water withdrawal was necessary to safeguard public welfare and that consideration of preexisting users water consumption before effective date of act did not render act unconstitutional E. holding the fourteen day provision in rule 35a is jurisdictional and reinstating defendants original sentence when defendant was originally sentenced on march 1st defendant filed a rule 35a motion on march 5th the district court held a hearing on the rule 35 motion on march 29th and resentenced defendant on april 12th

assistant: The best answer is B. holding that provision in edwards aquifer authority act that declaration of historical use must be filed on or before march 11994 prohibited latefiled applications
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 is, and each other Loan Document when delivered by any Loan Party will be, duly executed and delivered by each Loan Party that is a party thereto and does or will constitute the legal, valid and binding obligation of each such Loan Party enforceable against such Loan Party in accordance with its terms, except as enforceability may be limited by general principles of equity and bankruptcy, insolvency, reorganization or similar laws affecting creditors’ rights generally and by moratorium laws from time to time in effect.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: for the proposition that while “children sent to public school are lawfully confined to the classroom, arbitrary corporal punishment represents an invasion of personal security to which their parents do not consent when entrusting the educational mission to the State.” Sandin v. Conner, 515 U.S. 472, 485, 115 S.Ct. 2293, 132 L.Ed.2d 418 (1995). In reliance on Ingraham, the Ninth Circuit, as well as a number of other circuits, held that excessive and unreasonable corporal punishment of public school students violates the students’ constitutional rights. See Koch, 96 F.3d at 1304 (concluding that teacher’s use of excessive force with high school students in 1990 and 1991 violated plaintiffs’ substantive due process rights); see also Metzger v. Osbeck, 841 F.2d 518, 520 (3d Cir.1988) (<HOLDING>); Wise v. Pea Ridge Sch. Dist., 855 F.2d 560, Options: A. holding that excessive force by a school official should be analyzed under the fourth amendment B. holding excessive force in public school context is a violation of substantive due process guaranteed by the fourteenth amendment C. holding that there is no substantive due process right under the fourteenth amendment to be free from malicious prosecution D. holding that a state defendant has a sixth amendment right guaranteed by the fourteenth amendments due process clause to compulsory process for obtaining witnesses in his favor E. holding failure of prosecution to disclose evidence that may be favorable to the accused is a violation of the due process clause of the fourteenth amendment

assistant: The best answer is B. holding excessive force in public school context is a violation of substantive due process guaranteed by the fourteenth amendment
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company and its Subsidiaries have good and marketable title to all personal property owned by them that is material to the business of the Company and its Subsidiaries, in each case free and clear of all liens, encumbrances and defects except such as are described in Schedule 3(l) or such as do not materially affect the value of such property and do not interfere with the use made and proposed to be made of such property by the Company and any of its Subsidiaries or would not reasonably be expected to have, individually or in the aggregate, a Material Adverse Effect. Any real property and facilities held under lease by the Company and any of its Subsidiaries, to the Company’s knowledge, are held by them under valid, subsisting and enforceable leases with such exceptions as are not material and do not interfere with the use made and proposed to be made of such property and buildings by the Company and its Subsidiaries.

assistant: Titles
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 sections of this Commitment Letter and the Fee Letter relating to any compensation (if and as applicable), Indemnification, Expenses, Confidentiality, Other Services, Survival and Governing Law shall survive any termination or expiration of this Commitment Letter, the Commitment of the Initial Lenders, the agreement of the Commitment Parties or the undertakings of the Lead Arrangers set forth herein (regardless of whether definitive Financing Documentation is executed and delivered), and the sections relating to Syndication and Information shall survive until the completion of the syndication of the Term Facility; provided that your obligations under this Commitment Letter (other than your obligations with respect to the sections of this Commitment Letter relating to Syndication, Information, Confidentiality, Other Services, Survival and Governing Law) shall automatically terminate and be superseded by the provisions of the Financing Documentation upon the funding thereunder, to the extent covered thereby, and you shall be released from all liability in connection therewith at such time.

assistant: Survival
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: likely to cause material harm to the defendant’s right to a fair trial.” Id., at 8. It further pointed out that the news media in that case had been allowed access to materials considered in connection with a motion for summary judgment and that this was consistent with “a public right of access to materials considered in rulings on dispositive pre-trial motions . . .” Id., at 8. The Court held, however, that the right to public access “does not extend to documents submitted to a court in connection with discovery proceedings,” id., at 11, and concluded that “discovery proceedings are fundamentally different from proceedings to which the courts have recognized a public right of F.2d 139, 146-48 (2nd Cir. 1987), cert. denied, sub nom. Dow Chem. Co. v. Ryan, 484 U.S. 953 (1984) (<HOLDING>). In doing so, the Court stressed that (unlike Options: A. holding that the district court did not abuse its discretion when it modified a protective order after settlement to permit public access to pretrial materials in spite of a protective order to the contrary which it viewed as having had been initially justified B. holding that a publishing company had no constitutional or other right of access to pretrial documents not filed with the court and declining to overturn the district courts denial of a motion to vacate a protective order to which the parties had stipulated C. holding that issuance of a protective order or other probable cause of abuse precludes court ordered mediation D. holding that protective orders in the landlord and tenant branch are distinguishable from ordinary prejudgment security devices because protective orders are not statutory creations and because a tenant who fails to pay a protective order may suffer the irreparable consequence of losing possession of the property E. holding that court did not abuse its discretion by granting defendants a protective order where plaintiff failed to request discovery until nine days before the deadline

assistant: The best answer is A. holding that the district court did not abuse its discretion when it modified a protective order after settlement to permit public access to pretrial materials in spite of a protective order to the contrary which it viewed as having had been initially justified
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: where a defendant can come out there and tell me that a particular individual is not representing him. You can indicate that you are not satisfied with him, and it is for me to make that decision.” After reviewing the statements in their context, we are unable to conclude that they demonstrate animosity, hostility, ill will, or distrust toward defendant. Instead, they demonstrate nothing more than judicial expressions of impatience, dissatisfaction and annoyance that are within the bounds of what judges, as imperfect people, sometimes display, and such statements do not provide a basis for finding that Judge Cieslik was prejudiced against defendant. See Liteky, 510 U.S. at 555-56, 127 L. Ed. 2d at 491, 114 S. Ct. at 1157; see also People v. Blanck, 263 Ill. App. 3d 224, 232-33 (1994) (<HOLDING>). Although we recognize the concern raised by Options: A. holding that trial judge did not err in refusing to transfer to another judge defendants motion for substitution of judge for cause where defendants motion lacked specificity B. holding motion for substitution of judge properly denied where movant failed to attach affidavit C. holding that trial judge did not err in refusing to transfer to another judge defendants motion for substitution of judge for cause where defendants motion was not made in good faith D. holding that trial judge did not err in refusing to transfer to another judge defendants motion for substitution of judge for cause where defendant failed to establish even a threshold basis for his substitution motion E. holding that an isolated comment made during a momentary lapse of judicial composure does not demonstrate the prejudice necessary to obtain a motion for substitution for cause

assistant: The best answer is E. holding that an isolated comment made during a momentary lapse of judicial composure does not demonstrate the prejudice necessary to obtain a motion for substitution for 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: counsel may cross-examine the expert regarding any matter about which the expert testifies in establishing his or her qualifications, both as a basis of arguing that the witness is not qualified as -an expert and to argue that even if he or she is qualified, the jury should not give the opinion testimony great weight. Flores v. Miami-Dade Cnty., 787 So.2d 955, 957 (Fla. 3d DCA 2001) (quoting Charles W. Ehrhardt, Florida Evidence § 702.5, at 601-03 (2001)). See also Cheshire v. State, 568 So.2d 908, 913 (Fla.1990) (“Any deficiencies in an expert’s qualifications, experience and testimony may be aired on cross-examination_”). Any attack on an expert witness’s credibility is subject to a section 90.403 balancing analysis. See Grau v. Branham, 761 So.2d 375, 378 (Fla. 4th DCA 2000) (<HOLDING>). In the instant case, the state cross-examined Options: A. holding abuse of discretion is established if district court decision was based on an error of law B. holding that once the trial court determined that allowing the appellee to ask about the appellants expert witnesss drug abuse was more prejudicial than probative its decision to then admit same was an abuse of discretion but amounted to harmless error because it pertained only to a collateral matter C. holding that it was an abuse of discretion to admit the record when an admission was available D. holding district court did not abuse its discretion by allowing government to ask leading questions of eightyearold witness reluctant to testify regarding sexual abuse E. holding that trial court did not abuse its discretion by determining expert witness was qualified to testify

assistant: The best answer is B. holding that once the trial court determined that allowing the appellee to ask about the appellants expert witnesss drug abuse was more prejudicial than probative its decision to then admit same was an abuse of discretion but amounted to harmless error because it pertained only to a collateral matter
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: course of events it will not be altered except for good cause.” Manual for Complex Litigation § 30.17, at 223. “Judge Friendly, who was not given to hyperbole, called settlements induced by a small probability of an immense judgment in a class action ‘blackmail settlements.’ ” In re Rhone-Poulenc Rorer, 51 F.3d 1293, 1298 (7th Cir.1995) (Posner, J.) (quoting Henry J. Friendly, Federal Jurisdiction: A General View 120 (1973)); accord Rutstein v. Avis Rent-A-Car Sys., 211 F.3d 1228, 1241 n. 21 (11th Cir.2000) (referring to “the blackmail value of a class certification that can aid the plaintiffs in coercing the defendant into a settlement”). Unfortunately, the majority’s excessive deference facilitates such an injustice. Cf. Szabo v. Bridgeport Machines, 249 F.3d 672, 675 (7th Cir.2001) (<HOLDING>). Finally, -de-certification would not doom Options: A. holding that if a deficient report is served and the trial court grants a thirtyday extension that decision is not subject to appellate review even if it is coupled with a motion to dismiss B. holding that a prime occasion for rule 23f appellate review is when class certification puts a betyourcompany decision to defendants managers and may induce a substantial settlement even if the plaintiffs position is weak C. holding that appellate review is precluded when the error is invited D. holding that when trial courts decision turns on question of law appellate review is de novo E. holding that the court of appeals must consider and weigh all of the evidence and may only set aside the finding if the evidence is so weak or if the finding is so against the great weight and preponderance of the evidence that it is clearly wrong and unjust

assistant: The best answer is B. holding that a prime occasion for rule 23f appellate review is when class certification puts a betyourcompany decision to defendants managers and may induce a substantial settlement even if the plaintiffs position is weak
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 of the United States.” 28 U.S.C. § 2254(d)(1). We cannot conclude that the state’s decision was contrary to, or an unreasonable application of, clearly established Supreme Court precedent because there is no precedent that is clearly applicable to these facts. The Supreme Court has held that any admission at trial of post-Miranda silence is a violation of a defendant’s due process rights. Doyle v. Ohio, 426 U.S. 610, 619, 96 S.Ct. 2240, 49 L.Ed.2d 91 (1976). However, the Court allows the admission of a defendant’s pre-Miranda silence for impeachment purposes when a defendant testifies at trial. Fletcher v. Weir, 455 U.S. 603, 607, 102 S.Ct. 1309, 71 L.Ed.2d 490 (1982). Although Valentine’s sile 9th Cir.2000) (same) with United States v. Frazier, 408 F.3d 1102, 1111 (8th Cir.2005) (<HOLDING>); United States v. Rivera, 944 F.2d 1563, 1568 Options: A. holding that the government may comment on a defendants prearrest premiranda silence as well as his postarrest pr emiranda silence B. holding that it is improper for prosecutor to comment on accuseds postarrest silence C. holding that the government can use prearrest silence for impeachment purposes against a defendant because no government action induced the silence D. holding that the defendants postarrest pr emiranda silence was admissible in the governments caseinchief because there was no official compulsion the court qualified its holding stating we do not decide today whether compulsion may exist under any other postarrest pr emiranda circumstances E. holding that when no governmental action induced postarrest pr emiranda silence it could be introduced as evidence of guilt

assistant: The best answer is E. holding that when no governmental action induced postarrest pr emiranda silence it could be introduced as evidence of guilt
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: both the state law requirements and the requirements in 25 U.S.C. § 1912(f). The Introductory Note to the Oklahoma Uniform Jury Instructions for Juvenile Cases, In re Oklahoma Uniform Jury Instructions for Juvenile Cases, 116 P.3d 119, 163 (Okla. 2005), explains its reasons for adopting the single beyond a reasonable doubt standard as follows: the prevailing practice in Oklahoma trial courts has been to use the reasonable doubt standard for both the state law requirements for termination of parental rights and the requirements in 25 U.S.C. § 1912(f); a single standard is less confusing for the jury than a dual standard; and the higher standard gives greatest effect to the ICWA and is less likely to result in reversal. 63 See In re Michael G., 74 Cal. Rptr. 2d 642 (Cal. Ct. App. 1998) (<HOLDING>); In the Interest of D.G., 679 N.W.2d 497 (S.D. Options: A. holding that a district court did not err by submitting a special verdict form to the jury this particular verdict form did not specify a standard of proof B. holding that the trial judge erred in instructing the jury on the physical endangerment portion of the statute when the defendant was charged only with the risk of injury to a child by doing an act likely to impair the morals of a child under the age of sixteen C. holding that the domicile of the child follows that of the parent with lawful custody D. holding the icwa beyond a reasonable doubt standard applies only to a special verdict question here special verdict question 7 relating to whether the return of custody of the child to the parent is likely to result in serious emotional or physical damage to the child E. recognizing that the child custody act required that the natural parent presumption must be seriously considered and heavily weighted in favor of the parent but that the presumption is rebutted if the clear and convincing evidence establishes that the best interest of the child is served by awarding custody to the third party

assistant: The best answer is D. holding the icwa beyond a reasonable doubt standard applies only to a special verdict question here special verdict question 7 relating to whether the return of custody of the child to the parent is likely to result in serious emotional or physical damage to the child
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: elements of the crime. Second, Manuel claims that there was insufficient evidence to convict him of felony murder because the jury could not have concluded beyond a reasonable doubt that Peterson was shot “in the perpetration of’ or “in the flight from the perpetration of’ the underlying felony of attempted sale of a controlled substance. Point One Manuel complains that Instruction No. 5, the verdict director for felony murder, failed to submit all of the essential elements of the crime. The State proffered the verdict director for felony murder, and Manuel’s counsel stated that he had no objection to the instruction. Manuel' thus concedes that his allegation of error regarding the instruction is not preserved for appellate review. State v. Vaughn, 11 S.W.3d 98, 105 (Mo.App.W.D. 2000) (<HOLDING>). He nonetheless requests that we review the Options: A. holding that failure to object in a timely fashion to a magistrate judges report and recommendation generally constitutes a waiver of the defaulting partys right to appeal provided that the parties received clear notice of the consequences of their failure to object B. holding that failure to brief an argument constitutes waiver C. holding failure to brief argument constitutes waiver D. holding that neither failure to object to an instruction nor an express statement of no objection to an instruction waive plain error review pursuant to rule 3020 E. holding that the failure to object to an instruction constitutes a waiver of error

assistant: The best answer is E. holding that the failure to object to an instruction constitutes a waiver of error
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, request, instruction or other document to be given hereunder by any party to the other will be in writing and will be deemed to have been duly given (a) on the date of delivery if delivered personally, or by facsimile, upon confirmation of receipt, or (b) on the second business day following the date of dispatch if delivered by a recognized next day courier service. All notices hereunder shall be delivered as set forth in Item 9 of Schedule A hereto, or pursuant to such other instructions as may be designated in writing by the party to receive such notice.

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: Martin, Jr. Delicatessen, Inc. v. Schumacher, 52 N.Y.2d 105, 109, 436 N.Y.S.2d 247, 417 N.E.2d 541, 543 (1981) (noting that “agreement to agree” is unenforceable). Nor does the complaint allege facts indicating that Shaw relied on Boccardi’s confidential information in making its subsequent public bid for Riviera. Boccardi claims to have advised Shaw that such a bid would cause the share price to increase, but even if Shaw relied upon this unextraordinary prediction, no factfinder could conclude that it constituted confidential information within the meaning of the Agreement, which expressly excluded from that definition “information ... generally available to the public.” Cf. Buhler v. Michael P. Maloney Consulting, Inc., 299 A.D.2d 190, 191, 749 N.Y.S.2d 867, 868 (1st Dep’t 2002) (<HOLDING>). Because we conclude that Boccardi fails to Options: A. holding that a customer list may be protectable as a trade secret if it is secret and the court examines and determines if it is protectable based on three factors 1 what steps if any an employer has taken to maintain the confidentiality of a customer list 2 whether a departing employee acknowledges that the customer list is confidential and 3 whether the content of the list is readily ascertainable B. holding that the plaintiffs customer list was not a trade secret in part because there was no evidence that by the nature of the plaintiffs business extraordinary effort was involved in compiling the customer list C. holding that contact list based on inter alia information that was publicly available did not qualify as trade secret D. holding contact information of potential computer network services clients was not a trade secret because all businesses are now potential customers of computer network services and their contact information is publicly available E. recognizing that nondisclosure agreements did not have to list the secret information in order to put employees on notice

assistant: The best answer is C. holding that contact list based on inter alia information that was publicly available did not qualify as trade secret
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: to the extent not prohibited by law , supercell shall not be liable to you for more than the amount you have paid to supercell in accordance with these terms of service in the six ( 6 ) months immediately preceding the date on which you first assert a claim .

assistant: Limitation of liability
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: pursuant to Rule 59(e) of the Federal Rules of Civil Procedure. In that motion, Spada argued that Dr. Martinez failed to establish that his claims were unexhausted and procedurally defaulted because he had alleged that SCI-Graterford staff withheld grievance forms. The Magistrate Judge found no basis to alter the judgment and denied Spada’s motion. Spada timely appealed. II. Dr. Martinez argues that Spada was required to properly “exhaust” his administrative remedies despite SCI-Graterford officials withholding grievance forms during the 15-day filing period. However, we correctly concluded that Spada’s claims were procedurally defaulted because he initiated his civil action prior to completion of the grievance process, see Ahmed v. Dragovich, 297 F.3d 201, 209 & n. 9 (3d Cir.2002) (<HOLDING>), and because his grievance failed to name Dr. Options: A. holding that federal prisoners need not exhaust their administrative remedies before filing suit in federal court B. holding that the plra mandates that prisoners exhaust internal prison grievance procedures before filing suit emphasis added C. holding that administrative remedies must be exhausted prior to filing a claim in court D. holding that under the plra an inmate must exhaust available remedies prior to filing suit E. holding an inmate must exhaust all available administrative remedies before filing suit and if exhaustion was not completed at the time of filing dismissal is mandatory

assistant: The best answer is D. holding that under the plra an inmate must exhaust available remedies prior to filing suit
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) The Borrower agrees to pay to the Administrative Agent for the account of each Lender a commitment fee, which shall accrue at the Applicable Rate on the daily amount (if any) by which the Commitment of such Lender exceeds the Revolving Credit Exposure of such Lender during the period from and including the Availability Date to but excluding the date on which such Commitment terminates. Commitment fees accrued through and including the last day of March, June, September and December of each year shall be payable in arrears on the fifteenth day after such last day (or if not a Business Day, the next following Business Day), commencing on the first such date to occur after the Availability Date; provided that accrued commitment fees shall be payable on the date on which the Commitments terminate. All commitment fees shall be computed on the basis of a year of 360 days and shall be payable for the actual number of days elapsed (including the first day but excluding the last day).

assistant: Fees