flwrlabs/fed-legal huggingface dataset:
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Consultant acknowledges that the Company has entered into this Agreement on the basis of the particular abilities of the Consultant. Accordingly, the Company shall be entitled to assign, sell, transfer, delegate or otherwise dispose of, whether voluntarily or involuntarily, by operation of law or otherwise, this Agreement and any of its rights or obligations of this Agreement, but the Consultant shall not and shall not have the right to assign, sell, transfer, delegate or otherwise dispose of, whether voluntarily or involuntarily, by operation of law or otherwise, this Agreement or any of its rights or obligations under this Agreement without the prior written consent of the Company. Except as provided herein, any purported assignment, sale, transfer, delegation or other disposition by the Consultant, except as permitted herein, shall be null and void. Subject to the foregoing, this Agreement shall be binding upon and shall inure to the benefit of the parties and their respective successors and permitted assigns.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: To the extent permitted by applicable law, the Grantor waives and agrees not to assert any rights or privileges which it may acquire under the New York UCC or any other applicable law with respect to any deficiency described in the following sentence. The Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Obligations and the fees and disbursements of any attorneys employed by the Administrative Agent to collect such deficiency.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: justified based on probable cause and exigent circumstances was “not relevant to the admissibility of the challenged evidence [because hjaving been seized under a warrant with a basis independent of the entry, the evidence was admissible.” Id. at 309. In reaching this conclusion, the Second District specifically relied on Segura, 468 U.S. at 813-14, 104 S.Ct. 3380, which held that evidence seized pursuant to a valid search warrant that is based on information known to police before the illegal entry and that is wholly unrelated to entry is not tainted. Mercier, 579 So.2d at 309. Numerous decisions have likewise found evidence obtained after unconstitutional police actions admissible under the inevitable discovery doctrine. See Cummings v. State, 956 So.2d 559, 560 (Fla. 5th DCA 2007) (<HOLDING>); Carter v. State, 868 So.2d 1276, 1278 (Fla. Options: A. holding that the core inquiry is whether the police would have discovered the evidence if the misconduct had not occurred B. holding that the evidence was admissible under the inevitable discovery doctrine as that doctrine requires the state to establish by a preponderance of the evidence that the police ultimately would have discovered the evidence independently of the improper police conduct by means of normal investigative measures that inevitably would have been set in motion as a matter of routine police procedure quoting craig v state 510 so2d 857 863 fla1987 C. holding that the prosecution must establish a reasonable probability that the evidence would have been discovered by lawful means that the leads making the discovery inevitable were possessed by the police prior to the misconduct and that the police were actively pursuing the alternate line of investigation prior to the misconduct D. holding that the government must proffer clear evidence of an independent untainted investigation that inevitably would have uncovered the same evidence as that discovered through the illegal search E. holding that information of other conduct by the investigating police officer was not material under brady because the information would not have been admissible under fedrevid 608b as it would have been extrinsic evidence impeaching the witness on collateral matters

assistant: The best answer is B. holding that the evidence was admissible under the inevitable discovery doctrine as that doctrine requires the state to establish by a preponderance of the evidence that the police ultimately would have discovered the evidence independently of the improper police conduct by means of normal investigative measures that inevitably would have been set in motion as a matter of routine police procedure quoting craig v state 510 so2d 857 863 fla1987
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: operations” (alteration and internal quotation marks omitted)). This court has ruled that the POMS provisions are entitled to “substantial deference, and will not be disturbed as long as they are reasonable and consistent with the statute.” Id. (internal quotation marks omitted). We will decline to defer to the POMS only where “the plain language of the statute and its implementing regulation do not permit the construction contained within [them].” Id. (internal quotation marks omitted). With these principles in mind, we consider DSS’s argument that, as a matter of state law, the Predecessor Trusts constitute “support trusts,” which Connecticut recognizes as resources available to the beneficiary. See Corcoran v. Dep’t of Soc. Servs., 271 Conn. 679, 699-700, 859 A.2d 538, 545 (2004) (<HOLDING>), In support, DSS points to language in the Options: A. holding that a right to damages is substantive and governed by state law in a diversity action because the remedy is inseparably connected with the right of action internal quotation marks omitted B. holding that creditors of a trust beneficiary were prohibited from intervening in an action involving a dispute between the trustee and a beneficiary concerning distribution of the trust corpus C. holding that state officials cannot have been expected to predict the future course of constitutional law internal quotation marks omitted D. holding that compliance with rule 3 is both a mandatory and jurisdictional prerequisite to appeal internal quotation marks omitted E. holding that beneficiary of general support trust has a legal right to compel distribution of funds internal quotation marks omitted

assistant: The best answer is E. holding that beneficiary of general support trust has a legal right to compel distribution of funds internal quotation marks omitted
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: sometimes we provide links in our games or on the service to other companies ' websites or to companies who invite you to participate in a promotional offer and offer you some feature of the service or upgrade ( such as in-game currency ) in exchange .

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: No Committee member shall be personally liable by reason of any instrument executed by him or on his behalf, or action taken by him, in his capacity as a Committee member nor for any mistake of judgment made in good faith. The Bank shall indemnify and hold harmless the Plan and each Committee member and each employee, officer or director of the Bank or the Plan, to whom any duty, power, function or action in respect of the Plan may be delegated or assigned, or from whom any information is requested for Plan purposes, against any cost or expense (including fees of legal counsel) and liability (including any sum paid in settlement of a claim or legal action with the approval of the Bank) arising out of anything done or omitted to be done in connection with the Plan, unless arising out of such person’s fraud or bad faith.

assistant: Indemnifications
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 will be authorized to withhold from the payment of any portion of your Retention Payment that may become payable hereunder, the amount of any applicable federal, state and local taxes as may be required to be withheld pursuant to any applicable law or regulation.

assistant: Withholdings
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 waived by the Administrative Agent, the Borrowers shall have paid (or concurrently with the Effective Date shall pay) all reasonable out-of-pocket expenses incurred by Merrill Lynch, Pierce Fenner & Smith Incorporated in its capacity as Lead Arranger and the Administrative Agent (limited, in the case of legal fees and expenses to one primary counsel) to the extent invoiced at least two Business Days (or such shorter period as the Borrowers may agree) prior to the Effective Date; provided that any such invoice shall not thereafter preclude a final settling of accounts between the Borrowers, the Administrative Agent and Merrill Lynch, Pierce Fenner & Smith Incorporated.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: In reliance on the representations, warranties, covenants and agreements contained in this Amendment, and subject to the satisfaction of the conditions precedent set forth in Section 2 hereof, the Existing Credit Agreement shall be amended effective as of the Third Amendment Effective Date in the manner provided in this Section 1 .

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: There are no actions, suits, or proceedings, at law or in equity, or by or before any governmental authority (other than matters before the FDA in the ordinary course of business concerning applications for clinical trials, marketing approval for products and similar matters), pending or threatened against or affecting Borrower which, if adversely determined, would have a materially adverse effect on the financial condition of Borrower, or the ability of Borrower to perform its obligations as contemplated by this Agreement. There are no outstanding judgments against Borrower as of the date of the execution of this Agreement. Borrower will not allow any final judgment for the payment of money rendered against it to remain undischarged for a period of thirty (30) days.

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: document, each of which listed his address as on Walnut Street. We need not resolve the factual issue of how the Walnut address came to be listed on these forms, because Gomez-Gutierrez received one form and signed the other with this address. Given Gomez-Gutierrez’s failure to change the document to reflect the Wood-worth address, the INS reasonably sent the notice of the hearing to the Walnut address, his last known address. Gomez-Gutierrez’s argument that he must have signed this form without noticing the incorrect address is unpersuasive. In other contexts, we have held that the affixing of a signature is not a mere formality, but rather signifies that the signer has read the document and attests to its accuracy. See, e.g., United States v. Cain, 130 F.3d 381, 383 (9th Cir.1997) (<HOLDING>). Especially critical is the fact that on one Options: A. holding that it is not the courts role to decide whether an experts opinion is correct B. holding that in connection with a motion to dismiss the court may consider a document not attached to the pleadings where the plaintiffs claim depends on the contents of a document the defendant attaches the document to its motion to dismiss and the parties do not dispute the authenticity of the document even though the plaintiff does not explicitly allege the contents of that document in the complaint C. holding that under the mailbox rule a pro se inmates document is deemed filed at the moment in time when the inmate loses control over the document by entrusting its further delivery or processing which is usually when the inmate places the document in the hands of prison officials D. holding that attorneys signature is certification that the document is correct E. holding that a bank customer was not bound to arbitrate where the signature card that was signed referenced a collateral document which contained an arbitration clause but the bank never sent the customer a copy of the collateral document

assistant: The best answer is D. holding that attorneys signature is certification that the document is correct
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 given wide latitude to argue the facts and all reasonable inferences which may be drawn therefrom.” State v. Britt, 291 N.C. 528, 537, 231 S.E.2d 644, 651 (1977). N.C.G.S. § 15A-1230(a) provides in part that “[a]n attorney may, ... on the basis of his analysis of the evidence, argue any position or conclusion with respect to a matter in issue.” N.C.G.S. § 84-14 allows counsel to argue the facts and law of the case. In this case defendant was attempting to set forth the testimony of Iris Bolin in order to illustrate how that testimony contradicted and thus impeached Bivens’ testimony. The testimony had been submitted for this very reason, and defendant should have been permitted to continue with his argument. See State v. Bondurant, 309 N.C. 674, 688, 309 S.E.2d 170, 179 (1983) (<HOLDING>); State v. Wall, 304 N.C. 609, 618, 286 S.E.2d Options: A. holding that questioning expert witness about specific allegations of misconduct was improper impeachment B. holding before the advent of the federal rules of evidence that the use of a tax return for the purpose of impeachment was proper C. holding that plaintiffs failure to object to the improper comments of defendant during closing arguments resulted in waiver of plaintiffs right to argue the issue on appeal because the trial court was not given an opportunity to rule on the issue D. holding that it is proper to refer to evidence of prior acts of misconduct in the closing arguments on the issue of credibility but it is improper to argue about misdeeds for any purpose other than impeachment because the acts were submitted for impeachment purposes only E. holding an affidavit containing impeachment evidence is insufficient to support the granting of a new trial

assistant: The best answer is D. holding that it is proper to refer to evidence of prior acts of misconduct in the closing arguments on the issue of credibility but it is improper to argue about misdeeds for any purpose other than impeachment because the acts were submitted for impeachment purposes only
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 Employer agrees to employ Executive, and Executive accepts such employment hereunder, for a period beginning on the Effective Date through December 31, 2017 (the “Initial Termination Date”) unless terminated sooner in accordance with Section 1(c) (the “Employment Period”). Notwithstanding the foregoing, the Employment Period shall be automatically extended for an additional one-year period beginning on the Initial Termination Date and on each subsequent anniversary of the Initial Termination Date thereafter unless either party notifies the other party in writing of its decision not to extend the Employment Period at least 90 days prior to the automatic extension thereof or the Employment Period is otherwise terminated in accordance with Section 1(c) .

assistant: Employment
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: due process. In some cases, such a reservation is improper and subject to reversal on appeal from the order reserving jurisdiction. See, e.g., Herman v. Herman, 889 So.2d 128 (Fla. 1st DCA 2004); Gergen v. Gergen, 48 So.3d 148 (Fla. 1st DCA 2010); Martinez v. Martinez, 573 So.2d 37 (Fla. 1st DCA 1990); Gruner v. Westmark, 617 So.2d 420 (Fla. 1st DCA 1993); Bovet v. Bovet, 563 So.2d 154 (Fla. 3d DCA 1990). But there is no violation of the right to due process unless the litigant is deprived of either notice or a meaningful opportunity to be heard before the court reaches a final decision on the matter as to which jurisdiction has been retained. See Poynter, 51 So.3d at 546 (defining the constitutional right to procedural due process); West v. West, 301 So.2d 823, 824 (Fla. 2d DCA 1974) (<HOLDING>). The father has not disputed that he received Options: A. holding new york could lawfully modify a florida custody decree because florida court had right under florida law to change the decree B. holding that no acts by the outofstate defendant would place her within the florida longarm statute in entering into a contract with a florida resident for an office to be run in mississippi C. holding that another states reservation of personal jurisdiction over a florida resident for the purpose of modifying its decree may last as long as the effectiveness of the decree and that no dueprocess violation occurs by the entry of a default modification against the florida resident if the florida resident was afforded proper notice D. holding that when an accident occurs outside florida workers compensation benefits are payable only if the contract of employment was made in florida or if the employees employment is principally located in florida E. holding that the full faith and credit clause precluded modification of a foreign states decree with regard to the age of majority where the obligor remained a resident of the rendering state

assistant: The best answer is C. holding that another states reservation of personal jurisdiction over a florida resident for the purpose of modifying its decree may last as long as the effectiveness of the decree and that no dueprocess violation occurs by the entry of a default modification against the florida resident if the florida resident was afforded proper notice
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 under this Agreement shall be in writing and shall be deemed to have been duly given on the date of service if served personally on the party to whom notice is to be given, or on the third day after mailing if mailed to the party to whom notice is to be given, by first class mail, registered or certified, postage prepaid, and properly addressed to each one’s respective address as first listed above.

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: New York law, false arrest is considered to be a species of false unlawful arrest, the determination of whether probable cause existed must be made on the basis of the information possessed or reasonably available to the defendant at the time of the arrest. See Lowth v. Town of Cheektowaga, 82 F.3d 563, 570 (2d Cir.1996), It is, therefore, axiomatic that subsequently discovered evidence cannot be used to cure an arrest that was made without probable cause. Cf. People v. Gomcin, 265 A.D.2d 493, 495, 697 N.Y.S.2d 93, 95 (2d Dep’t 1999) (search incident to arrest) (“[I]t is beyond cavil that the fruit of a search incident to an arrest cannot be used to establish probable cause to arrest.”); cf. also Johnson v. United States, 333 U.S. 10, 16-17, 68 S.Ct. 367, 370, 92 L.Ed. 436 (1948) (<HOLDING>). B. Malicious Prosecution under § 1983 and New Options: A. holding that the searehincidenttoalawfularrest rule does not apply to a warrantless search that provides the probable cause for the subsequent arrest because one cannot justify the arrest by the search and then simultaneously justify the search by the arrest B. holding that reasoning which would justify the arrest by the search and at the same time justify the search by the arrest will not do C. holding that while search incident to arrest could not justify search in that case probable cause plus exigency justified search D. holding that consent searches do not require probable cause to justify the search of a home E. holding that a lawful custodial arrest is a prerequisite to a search since the arrest is the authority of law justifying the search

assistant: The best answer is B. holding that reasoning which would justify the arrest by the search and at the same time justify the search by the arrest will not do
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: An Eligible Employee will commence participation in this Plan on the first day they become an eligible employee, or such other date as determined by the Director, and will remain a participant until he or she is no longer an Eligible Employee. Effective August 1, 2016, the participants identified on Schedule B had their accounts transferred to the Alcoa USA Corp. Global Pension Plan and ceased to be Participants under this Plan. No person eligible for a benefit under the Alcoa USA Corp. Global Pension Plan shall have a benefit under this Plan.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: EACH BORROWER IRREVOCABLY AND UNCONDITIONALLY AGREES THAT IT WILL NOT COMMENCE ANY ACTION, LITIGATION OR PROCEEDING OF ANY KIND OR DESCRIPTION, WHETHER IN LAW OR EQUITY, WHETHER IN CONTRACT OR IN TORT OR OTHERWISE, AGAINST AGENT, ANY LENDER, ANY L/C ISSUER OR ANY RELATED PARTY OF THE FOREGOING IN ANY WAY RELATING TO THIS AGREEMENT OR ANY OTHER CREDIT DOCUMENT OR THE TRANSACTIONS RELATING HERETO OR THERETO, IN ANY FORUM OTHER THAN IN THE COURT OR, TO THE EXTENT THE COURT DOES NOT HAVE JURISDICTION OR DECLINES TO EXERCISE JURISDICTION, IN THE COURTS OF THE STATE OF NEW YORK SITTING IN NEW YORK COUNTY AND OF THE UNITED STATES DISTRICT COURT OF THE SOUTHERN DISTRICT OF NEW YORK, AND ANY APPELLATE COURT FROM ANY THEREOF, AND EACH OF THE PARTIES HERETO IRREVOCABLY AND UNCONDITIONALLY SUBMITS TO THE JURISDICTION OF SUCH COURTS AND AGREES THAT ALL CLAIMS IN RESPECT OF ANY SUCH ACTION, LITIGATION OR PROCEEDING MAY BE HEARD AND DETERMINED IN SUCH NEW YORK STATE COURT OR, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, IN SUCH FEDERAL COURT. EACH OF THE PARTIES HERETO AGREES THAT A FINAL JUDGMENT IN ANY SUCH ACTION, LITIGATION OR PROCEEDING SHALL BE CONCLUSIVE AND MAY BE ENFORCED IN OTHER JURISDICTIONS BY SUIT ON THE JUDGMENT OR IN ANY OTHER MANNER PROVIDED BY APPLICABLE LAWS. NOTHING IN THIS AGREEMENT OR IN ANY OTHER CREDIT DOCUMENT SHALL AFFECT ANY RIGHT THAT AGENT OR ANY LENDER OR ANY L/C ISSUER MAY OTHERWISE HAVE TO BRING ANY ACTION OR PROCEEDING RELATING TO THIS AGREEMENT OR ANY OTHER CREDIT DOCUMENT AGAINST ANY BORROWER OR ITS PROPERTIES IN THE COURTS OF ANY JURISDICTION.

assistant: Submission 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 case excerpt and choose the best holding from the options. Case excerpt: Other cases we have reviewed suffer from these same deficiencies. See Tarrant County Water Control & Improvement Dist. Number One v. Fullwood, 963 S.W.2d 60, 61 (Tex.1998) (Hecht, J., dissenting from denial of application for writ of error) ("[T]he [trial] court awarded Fullwood $60,000 for what the jury found to be the value of his royalty interest at the time the District plugged the wells, based on the anticipated future economic productive life of the oil reserves.”); Trinity River Auth. v. Chain, 437 S.W.2d 887, 889 (Tex.Civ.App.-Beaumont 1969, writ ref'd n.r.e.) (where jury was asked to determine "reasonable market value of the minerals under the 280.64 acres of land being condemned”); City of Teague v. Stiles, 263 S.W.2d 623, 628, 630 (Tex.Civ.App.-Waco 1953, writ ref'd n.r.e.) (<HOLDING>). 6 . In fact, Justice Looney dissented on Options: A. holding the measure of damages is the difference between the value of the automobile prior to the upset and its value when prepared and presented to the plaintiff for acceptance B. holding that if respondents suit is one for permanent damages to the land the measure of damages is the decreased value of the land C. holding that a patentees use of a royalty agreement that projects beyond the expiration date of the patent is unlawful per se D. holding witness competent to testify as to the market value of the royalty under the land that the value of the royalty under the lake would be depreciated and that the spacing rule of the railroad commission is one well per 40 acres E. holding the aggregate value of the land and its improvements is the controlling value

assistant: The best answer is D. holding witness competent to testify as to the market value of the royalty under the land that the value of the royalty under the lake would be depreciated and that the spacing rule of the railroad commission is one well per 40 acres
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: Plaintiff had actual notice of the foreclosure and her right to request a loan modification meeting no later than three months before the actual June 6 foreclosure sale, as evidenced by Plaintiffs email on January 30, 2012, investigating the mailing of the notice, and the copies of the “Notice Pursuant to MCL 600.3205a(4)” and “Notice of Mortgage Foreclosure Sale,” which were printed on January 30, 2012, and which Plaintiff attached to her complaint. (Dkt. No. 1, Attach. 1, Exs. B, C, F.) Because Plaintiff had actual notice of her right to request a loan modification meeting well in advance of the foreclosure sale, any failure of the defendants to comply with the notice requirements imposed by § 600.3204(4)(a) and § 600.3205a did not result in prejudice. See Jackson, 413 N.W.2d at 101) (<HOLDING>). Consequently, Plaintiff has failed to state a Options: A. holding that there was no prejudice where had the district court allowed the moving party the proper opportunity to respond the evidence would have been properly in front of the district court B. holding that a mortgagor in possession is not a fiduciary of the mortgagee within the meaning of the bankruptcy act even though the mortgagor has obligated himself to keep the security intact C. holding the assignment of the mortgage once the original grant by the mortgagor to the mortgagee has been perfected does not involve a transfer of the property of the debtor D. holding that a plaintiff had no injury in fact and consequently no standing when it had no enforceable contract right against the defendant E. holding that it is evident that no harm is suffered when the mortgagor would have been in no better position had notice been fully proper and the mortgagor lost no potential opportunity to preserve some or any portion of his interest in the property

assistant: The best answer is E. holding that it is evident that no harm is suffered when the mortgagor would have been in no better position had notice been fully proper and the mortgagor lost no potential opportunity to preserve some or any portion of his interest in the property
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: character, reasonably be found to have placed a “substantial burden” on plaintiffs exercise of his faith. See generally Reeder v. Hogan, 2012 WL 4107822, at *20, 2012 U.S. Dist. LEXIS 134710 at *58 (N.D.N.Y.2012) (conclusory claims of food deprivation, based on plaintiffs unsubstantiated belief that corrections officers tampered with his meals and rendered them inedible, are insufficient to survive summary judgment). Nonetheless, recognizing that it is the sincerity of plaintiffs beliefs and not their objective reasonableness that is relevant to an establishment clause claim, the Court will assume arguendo that plaintiffs religious exercise was substantially burdened by the SHU’s policy of inspecting meals for dangerous items. See Ford v. McGinnis, 352 F.3d 582, 588 (2d Cir.2003) (<HOLDING>) (internal quotation marks omitted). Applying Options: A. holding rluipa claim requires prisoner to show he wishes to engage in 1 a religious exercise 2 motivated by a sincerely held belief which exercise 3 is subject to a substantial burden imposed by the government B. recognizing a religious institutions right to free exercise of religion C. holding that an individual claiming violation of free exercise rights need only demonstrate that the beliefs professed are sincerely held and in the individuals own scheme of things religious regardless of whether the belief is unorthodox irrational or even demonstrably false D. holding that when an inmates religious views requiring a vegetarian diet are sincerely held prison policy may violate his free exercise rights even though vegetarianism is only a recommended not a required element of plaintiffs religion seventhday adventism E. holding that religious exercise is any exercise of religion whether or not compelled by or central to a system of religious belief and that the use building or conversion of real property for the purpose of religious exercise shall be considered religious exercise

assistant: The best answer is C. holding that an individual claiming violation of free exercise rights need only demonstrate that the beliefs professed are sincerely held and in the individuals own scheme of things religious regardless of whether the belief is unorthodox irrational or even demonstrably false
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: Dontay D. Hayes appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging prison officials violated his constitutional right of access to the courts by denying him adequate access to the law library during prison lock-down periods. We have jurisdiction under 28 U.S.C. § 1291. We review de novo a dismissal for failure to state a claim, Cholla Ready Mix, Inc. v. Civish, 382 F.3d 969, 973 (9th Cir.2004), and we affirm. The district court properly dismissed Hayes’ action because the allegations in Hayes’ amended complaint demonstrate that, even if his access to the law library was deficient, he did not sustain an actual injury as a result of defendants’ conduct. See Letvis v. Casey, 518 U.S. 343, 351-53, 116 S.Ct. 2174, 135 L.Ed.2d 606 (1996) (<HOLDING>); see also Sands v. Lewis, 886 F.2d 1166, 1171 Options: A. holding that there is no abstract freestanding right to a law library and a prisoner must demonstrate that his efforts to pursue a nonfrivolous legal claim were hindered B. recognizing that inmates have no freestanding right to a law library or legal assistance C. holding that prisoner did not have right to access law library because he had courtappointed counsel D. holding that during a postriot lockdown refusal of access to main law library is constitutional as long as access to basic law library for initial legal research is permitted E. holding that there was no legal right to court review of parole board decision because there is no legal right to release on parole

assistant: The best answer is A. holding that there is no abstract freestanding right to a law library and a prisoner must demonstrate that his efforts to pursue a nonfrivolous legal claim were hindered
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: years 1999, 2000, and 2001. See, e.g., Def.’s Ex. 6-8 (containing Certificate of Assessments and Payments for plaintiffs 1999, 2000, and 2001 tax years indicating that no payment had been made). A Certificate of Assessments and Payments “is routinely used to prove that a tax assessment has in fact been made.” Rocovich, 933 F.2d at 994. Where, as here, a plaintiff has failed to allege that he paid the full amount of the assessed taxes that are the basis of his refund claim, the court may accept as true the assertions contained in a Certificate of Assessments and Payments indicating that the plaintiff has not fully paid the assessment. Daniels v. United States, No. 97-442T, 1999 WL 302450, at *3 (Fed.Cl. Apr.14, 1999); see also United States v. Chila, 871 F.2d 1015, 1018 (11th Cir.1989) (<HOLDING>); Dallin ex rel. Estate of Young v. United Options: A. recognizing that a certificate of assessments and payments is presumptive proof of a valid assessment quoting united states v dixon 672 fsupp 503 506 mdala1987 affd 849 f2d 1478 11th cir1988 B. recognizing speedy trial analysis is genesis of presumptive prejudice rulings and holding that notion of presumptive prejudice has no application to preindictment delays C. holding that the united states court of federal claims may not reweigh the factual evidence quoting munn 970 f2d at 871 D. holding that full payment of the assessment is also required for tax refund suits brought in the united states court of federal claims E. recognizing federal constitutional claim against the united states

assistant: The best answer is A. recognizing that a certificate of assessments and payments is presumptive proof of a valid assessment quoting united states v dixon 672 fsupp 503 506 mdala1987 affd 849 f2d 1478 11th cir1988
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: See In re Allawas, No. 07-06058-hb, slip op. (Bankr.D.S.C. Mar. 3, 2008) (denying confirmation, despite the use of exempt social security income, for lack of good faith where debtor proposed to retain an expensive motorcycle as a second vehicle). Moreover, the Plan provides for inconsistent treatment of similarly situated creditors in that it would allow an apparently undersecured mortgage creditor to receive a full cure of its undersecured claim while other unsecured creditors receive a de minimis payment. Though Debtor may have acquired the home during more prosperous times, it is apparent that the expense associated with the home led to Debtor’s current need to seek relief in this Court to cure a debt that he can no longer afford. See In re Rice, 72 B.R. 311, 313 (D.Del.1987) (<HOLDING>); In re Leone, 292 B.R. 243, 245 Options: A. holding a debtor should not be able to retain a home the spoils of an imprudent purchase to the detriment of unsecured creditors B. holding that because creditors claim was unsecured after application of section 506a and because section 1325a5 does not apply to unsecured claims creditors lien could properly be avoided C. holding that the debtor could retain exempt property because it was not property of the estate D. holding that the purpose of the bankruptcy codes avoidance provisions is to prevent a debtor from making transfers that diminish the bankruptcy estate to the detriment of creditors E. holding that postconfirmation attempt to equitably subordinate claim of one general unsecured creditor in a class of general unsecured creditors was a violation of 1123a4

assistant: The best answer is A. holding a debtor should not be able to retain a home the spoils of an imprudent purchase to the detriment of unsecured creditors
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 U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 391 U.S. 53 88 S.Ct. 1649 20 L.Ed.2d 415 INTERSTATE CIRCUIT, INC., et al.v.CITY OF DALLAS. No. 42. CITY OF DALLAS v. INTERSTATE CIRCUIT, INC., et al. No. 44. Supreme Court of the United States October Term, 1967. October Term, 1967. May 6, 1968 Grover Hartt, Jr., and Edwin Tobolowsky, for petitioners Interstate Circuit, Inc., and others. N. Alex Bickley and Ted P. MacMaster, for the City of Dallas. On Petitions for Writs of Certiorari to the United States Court of Appeals for the Fifth Circuit. PER CURIAM. 1 The petitions for writs of certiorari are granted. The judgment is vacated and the cases are remanded to the United States Court of Appeals for the Fifth Circuit for further consideration in light of the opinion of this Court in Interstate Circuit, Inc. v. City of Dallas, 390 U.S. 676, 88 S.Ct. 1298, 20 L.Ed.2d 225, decided April 22, 1968. 2 Mr. Justice BLACK and Mr. Justice DOUGLAS would grant certiorari and reverse the judgment of the Court of Appeals for the reasons stated in the dissenting opinion of Mr. Justice DOUGLAS in Ginsberg v. New York, 390 U.S. 629, 650, 88 S.Ct. 1274, 1286, 20 L.Ed.2d 195, decided April 22, 1968.

assistant: 3
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: Executive and Employer agree and covenant that neither party shall disclose any of the terms of or amounts paid under this Agreement or the Release of Claims Agreement, or the negotiation hereof and thereof, to any individual or entity; provided, however, that Executive will not be prohibited from making disclosures to his attorney, tax advisors and/or immediate family members, or as may be required by law, and that Company will not be prohibited from making disclosures as required under securities laws.

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: In the event of the death of the Grantee during the Restriction Period, the Company shall issue Grantee one share of Common Stock free and clear of any restrictions for each Vested RSU within thirty (30) days of the date of Grantee’s death.

assistant: Death
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 constitutes the entire agreement between the parties hereto with respect to the subject matter hereof and, upon its effectiveness, shall supersede all prior agreements, understandings and arrangements, both oral and written, between Swan and the Company with respect to such subject matter, except as otherwise specifically provided herein.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Testimonial Privilege Underwood argues that, even if the child-abuse exception applies, the district court violated due process when it failed to affirmatively find that Cora knew she had a voluntary right to refuse to testify. Underwood cannot raise this claim. The witness-spouse alone has a privilege to refuse to testify adversely. Trammel v. United States, 445 U.S. 40, 53, 100 S.Ct. 906, 63 L.Ed.2d 186 (1980). Therefore, Underwood holds no right to the privilege and thus lacks standing to raise the issue on appeal. See United States v. Anderson, 39 F.3d 331, 350 (D.C. Cir. 1994) (finding defendant-spouse without standing to contest a district court’s decision to compel the spouse to testify) (vacated on other grounds); United States v. Lofton, 957 F.2d 476, 477 n.1 (7th Cir. 1992) (<HOLDING>); Grand Jury Subpoena of Ford v. United States, Options: A. holding that lofton would have no standing to appeal the district courts determination that his wife waived her spousal testimonial privilege B. holding individual standing issue waived C. holding the government waived its argument on appeal that the defendant did not have standing to challenge a search when it failed to raise the argument to the district court D. holding that a district courts determination as to the applicability of a privilege is reviewed for clear error E. holding trial court erred in finding purported wife unavailable to testify and admitting her sworn prior statements in lieu of her live testimony where record did not support courts ruling in light of its own finding that remarriage of wife and defendant was fraudulent and wife did not refuse to testify if claim of privilege was denied

assistant: The best answer is A. holding that lofton would have no standing to appeal the district courts determination that his wife waived her spousal testimonial privilege
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as otherwise provided in this Agreement, the Company shall indemnify and advance Expenses to Indemnitee to the fullest extent permitted by Minnesota law, including Section 302A.521 of the Minnesota Statutes, as such law may from time to time be amended, against any and all Losses if Indemnitee was or is or becomes a party to or participant in, or is threatened to be made a party to or participant in, any Proceeding by reason of or arising in part out of an Indemnifiable Event, including, without limitation, Proceedings brought by or in the right of the Company, Proceedings brought by third parties, and Proceedings in which the Indemnitee is solely a witness. The Company shall indemnify Indemnitee against all Expenses, and shall advance Expenses to Indemnitee, in each case if Indemnitee is determined to have met the standard of conduct set forth in Section 6(a).

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

user: Read the following U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 523 U.S. 613118 S. Ct. 1693140 L. Ed. 2d 789 RANDALL RICCI, PETITIONER v.VILLAGE OF ARLINGTON HEIGHTS No. 97-501 SUPREME COURT OF THE UNITED STATES May 4, 1998, Decided 1 ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT. Per Curiam 2 The writ of certiorari is dismissed as improvidently granted 3 .

assistant: 9
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 Corporation agrees to pay the Executive, as compensation for all services rendered by him to the Corporation during the period of his employment under this Agreement, base salary in an annual amount of no less than $300,000, which shall be payable in monthly, semi-monthly or bi-weekly installments in conformity with Corporation’s payroll practices for salaried employees. Such salary may be increased in the sole and absolute discretion of the Corporation’s Board of Directors or Compensation Committee thereof duly authorized by the Board to so act. The Board of Directors shall review the Executive’s base salary at least annually during his employment and may increase such salary as determined in its discretion.

assistant: Base Salary
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: judgment vacated. On November 19, 2009, the mother filed a “Motion To Amend and Close Case” in which she requested that the juvenile court amend the visitation provisions of the August 5, 2009, judgment to permit the former custodians to visit with the children solely at the discretion of the mother. Apparently, because the motion was filed well beyond the period for filing a post-judgment motion, see Rule 1(B), Ala. R. Juv. P. (“All postjudgment motions ... must be filed within 14 days after entry of order or judgment....”), the juvenile court treated the mother’s motion as a petition to modify the visitation provisions of the August 5, 2009, judgment based on changed circumstances. The juvenile court conducted a t anville, 530 U.S. 57, 78-79, 120 S.Ct. 2054, 147 L.Ed.2d 49 (2000) (<HOLDING>). We note, however, that the juvenile court Options: A. holding a parent is excused from maintaining contact with his or her children when the failure to maintain contact is caused by the involuntary confinement of the parent and the parent is precluded from contacting the children during such confinement B. holding that custodial parent has constitutional right to determine with whom children associate C. recognizing even federal constitutional right of association does not apply to the right of one individual to associate with another D. holding that parent has custodial right to prevent visitation with nonparent E. holding that the right to associate with others as a military company is not a privilege of citizens of the united states

assistant: The best answer is B. holding that custodial parent has constitutional right to determine with whom children associate