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: above, the record before us makes clear that Wooten’s primary motivation in agreeing to plead nolo contendere was to avoid the addition of any jail time to his existing 40-year sentence. Assuming, arguendo, that Wooten’s trial counsel was ineffective in each of the ways Wooten claims, it is clear that neither the failure to file pre-trial motions, the failure to inform Wooten of certain plea offers and negotiations, nor a false promise of credit for time served, would have diminished to any meaningful degree the attractiveness of the deal Wooten was offered and accepted. And while in some cases the failure to inform a defendant correctly of his sentencing exposure at trial may constitute ineffective assistance of counsel, see, e.g., Magana v. Hofbauer, 263 F.3d 542, 550 (6th Cir.2001) (<HOLDING>), in this case the prospect of even the two Options: A. holding that a finding of accommodation is reviewed under the clearly erroneous standard of review instead of under a de novo standard B. holding that claims that law enforcement officials used excessive force in making an arrest are properly analyzed under the fourth amendments objective reasonableness standard C. holding that the reasonableness standard applies to the final sentence not to each individual decision made during the sentencing process D. holding that the defense counsels erroneous advice concerning sentence exposure fell below an objective standard of reasonableness under prevailing professional norms E. recognizing limited thirdparty rights in the context of an attorneyclient professional relationship where the plaintiff was the intended beneficiary of the prevailing standard of care

assistant: The best answer is D. holding that the defense counsels erroneous advice concerning sentence exposure fell below an objective standard of reasonableness under prevailing professional norms
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: and tie up our water resources in this state to the detriment of our true appropriators. Hearing on S.B. 481 Before the House Agriculture Committee, 52d Gen. Assembly, 1st Reg.Sess. (hearing tape MIT-79 38A, May 7, 1979, at 10:15 a.m.). 9 . In Florence, we held that an applicant has the burden of proving by a preponderance of the evidence that the "can and will" statute has been satisfied. Florence, 688 P.2d at 718, 718 n. 7; accord In re Gibbs, 856 P.2d 798, 802-03 (Colo. 1993); FWS, 795 P.2d at 840-41; see Public Serv. Co. v. Board of Water Works, 831 P.2d 470,- 478 (Colo.1992); City of Thornton, v. City of Fort Collins, 830 P.2d 915, 926 (Colo. 1992); Fox v. Division Eng'r, 810 P.2d 644, 646 (Colo.1991). We have applied this requirement in several contexts. See FWS, 795 P.2d at 840 (<HOLDING>); Fox, 810 P.2d at 646 (holding that an Options: A. holding that unsuccessful job applicant for governmental employment had due process right to meaningful administrative appeal of rejection when regulations established right to such appeal B. recognizing a right of access to civil proceedings C. holding that an applicant who fails to satisfy the lower standard of proof for asylum necessarily fails to satisfy the more stringent standard for withholding of removal D. holding that a plaintiff has no absolute unconditional right of access to the courts and no constitutional right of access to prosecute frivolous or malicious actions E. holding that the applicant failed to satisfy the statute because the applicant did not have an ownership right or access right to the reservoir site

assistant: The best answer is E. holding that the applicant failed to satisfy the statute because the applicant did not have an ownership right or access right to the reservoir site
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: also contend the IJ erred in not scheduling a hearing on the merits of their suspension applications prior to April 1, 1997, and in not advising them that with the enactment of IIRIRA, the stop-time rule would render them ineligible for suspension of deportation. This contention is unavailing because, even if the merits hearing had been held before IIRIRA went into effect on April 1, 1997, and the suspension rules therefore applied to petitioners’ case, they could not have shown they had been physically present for seven years since 1992. Petitioners’ contention that the lack of a complete record violates their rights is unavailing because the facts contained in the inadvertently erased tape recordings are undisputed. See United States v. Medina, 236 F.3d 1028, 1032 (9th Cir.2001) (<HOLDING>). Finally, petitioners contend that the BIA Options: A. holding that mere negligence does not implicate the right to due process B. holding that an alien is not deprived of due process if he or she receives actual notice of a denial of an application to withhold deportation C. holding that due process rights were not violated when alien claimed a lack of actual notice but his attorney received notice D. holding that the mere absence of a tape recording or transcript does not mean that an alien is deprived of his due process rights E. holding a judgment in the absence of notice violates due process rights

assistant: The best answer is D. holding that the mere absence of a tape recording or transcript does not mean that an alien is deprived of his due process rights
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: All Confidential Information (a) supplied by any employee, agent, consultant, or independent contractor of State ("State Representatives") to the Recipient or any employee, agent, officer, director, shareholder, independent contractor or representative of the Recipient (collectively, the "Recipient Representatives"), (b) obtained by the Recipient or any Recipient Representatives from any documents, meetings or telephone conversations with any State Representatives or from books or records of State, (c) obtained by the Recipient or any Recipient Representatives or in any other manner including through hosting the software evaluation on Recipient's website, or (d) jointly or individually developed by State and/or Recipient shall be protected and maintained by the Recipient on a confidential basis and the Recipient shall not use any of the Confidential Information for any purposes (other than as permitted by this Agreement). In addition to the foregoing, Recipient agrees to use reasonable and appropriate administrative, physical and technological safeguards to: (i) prevent use or disclosure of the Confidential Information other than as provided for by this Agreement; and

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: The court examined the history of amendments to the DUI statute and concluded that the Legislature’s addition of § 1201(e) at the same time it amended § 1201(a) to include subsections (a)(l)-(3), see 1973, No. 79, § 1, reflected a legislative concern with preventing multiple convictions based on the different ways the State could prove the operator was impaired. On this basis, the court concluded that § 3323(e) does not bar conviction of two counts of BWI/Fatal. ¶ 55. We need not resolve whether the court’s interpretation of the Legislature’s intent in enacting § 3323(e) is correct because multiple convictions are prohibited for a violation of § 3323(a), even without reliance on § 3323(e), in accordance with our holding in State v. LaBounty, 2005 VT 124, ¶ 10, 179 Vt. 199, 892 A.2d 203 (<HOLDING>). As we explained in interpreting a similar Options: A. holding that to grant a new trial the error must be more than harmless B. holding that it was plain error for trial court to allow more than one conviction of grossly negligent operation of a vehicle where more than one person was injured C. recognizing that cjlearly buie requires more than ignorance or a constant assumption that more than one person is present in a residence D. holding that more than notice to a defendant is required E. holding a defendant may not be convicted of more than one count of dissemination of matter harmful to minors based on one occurrence even if there was more than one victim

assistant: The best answer is B. holding that it was plain error for trial court to allow more than one conviction of grossly negligent operation of a vehicle where more than one person was injured
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 parties to each assignment shall execute and deliver to the Administrative Agent an Assignment and Assumption, together with a processing and recordation fee in the amount of $5,000 (or $7,500 for a Defaulting Lender); provided , however , that the Administrative Agent may, in its sole discretion, elect to waive such processing and recordation fee in the case of any assignment and that the Borrower will not be required to pay such processing and recordation fee unless the assignment was requested by the Borrower. The assignee, if it is not a Lender, shall deliver to the Administrative Agent an Administrative Questionnaire.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: larger than, the size of the "Done” button that users clicked in order to register. In the instant case, by contrast, the phrase "Terms of Service & Privacy Policy” is much smaller and more obscure, both in absolute terms and relative to the "Register” button. Id. (citation omitted). 8 . Bekele does not contest that the FAA applies to this case. His agreement with Lyft, a California company, implicates interstate commerce. See Southland Corp. v. Keating, 465 U.S. 1, 17-18, 104 S.Ct. 852, 79 L.Ed.2d 1 (1984) ("The general rule prescribed by § 2 of the [FAA] is that arbitration clauses in contracts involving interstate transactions are enforceable as a matter of federal law.”); Societe Generale de Surveillance, S.A. v. Raytheon European Mgmt. & Sys. Co., 643 F.2d 863, 867 (1st Cir.1981) (<HOLDING>). 9 .The First .Circuit has stated on one Options: A. holding that the term commerce in the faa is to be broadly construed B. holding that the district court lacked the authority to compel arbitration because the faa is inapplicable to employees who are engaged in interstate commerce C. holding that the fcra must be construed broadly in favor of remediation D. recognizing that the faa is applicable to only those transactions involving interstate commerce E. holding that as title vi is a remedial statute the zone of interests to be protected must be construed broadly

assistant: The best answer is A. holding that the term commerce in the faa is to be broadly construed
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: distinct cause of action. A pending but undetermined Petition for Setting Final Fees and Costs shall not affect appeal-ability of any judgment or other adjudication in the original proceeding.” (Emphasis added.) 750 ILCS 5/508(c)(2) (West 1998). In the instant case, the record does not indicate relief requested pursuant to a petition for setting final fees and costs. Also, evidence from the record does not show compliance with subsections (i) through (v) of section 508(c)(2). In other words, Ted or his counsel could not request a section 508 hearing until a judgment was entered pursuant to section 503(j) (or a hearing under section 503(j) was waived) and compliance with the requirements listed in section 508(c)(2). 5 See Fenters v. Fenters, 238 Ga. 131, 133, 231 S.E.2d 741, 743 (1977) (<HOLDING>); Gutierrez v. Gutierrez, 193 Ariz. 343, 351, Options: A. holding that while it undoubtedly is true that evidence as to settlement negotiations is inadmissible at trial to determine the issue of liability after a divorce and alimony case has been settled by agreement except as to attorney fees the effort needed by counsel to reach such settlement is a matter which can be considered in determining the amount of attorney fees to be awarded B. holding because an award of attorney fees is discretionary court may consider attorney fees in relation to the underlying equities in the case C. holding that money received in settlement refers to the injured persons net recovery after paying attorney fees and costs a client does not receive attorneys fees under the statute because a lawyer has a claim to such fees as soon as a settlement agreement is reached D. holding attorney lacked standing to challenge amount of attorney fees awarded plaintiffs not parties to the appeal E. holding a settlement privilege exists as to thirdparty discovery of settlement negotiations

assistant: The best answer is A. holding that while it undoubtedly is true that evidence as to settlement negotiations is inadmissible at trial to determine the issue of liability after a divorce and alimony case has been settled by agreement except as to attorney fees the effort needed by counsel to reach such settlement is a matter which can be considered in determining the amount of attorney fees to be awarded
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: Holder acknowledges that its obligations under this Agreement are unique, recognizes and affirms that in the event of a breach of this Agreement by Holder, money damages will be inadequate and Parent will have no adequate remedy at law, and agrees that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed by Holder in accordance with their specific terms or were otherwise breached. Accordingly, Parent shall be entitled to an injunction or restraining order to prevent breaches of this Agreement by Holder and to enforce specifically the terms and provisions hereof, without the requirement to post any bond or other security or to prove that money damages would be inadequate, this being in addition to any other right or remedy to which such party may be entitled under this Agreement, at law or in equity.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement, along with the Proprietary Information and Inventions Agreement and Executive’s written equity compensation agreements with the Company, represents the entire agreement and understanding between the Company and Executive concerning Executive’s separation from the Company.

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 legal provision and list the applicable contract clause categories. Provision: The execution, delivery and performance by each Loan Party of each Loan Document to which such Person is party and the consummation of the Transactions, have been duly authorized by all necessary corporate or other organizational action, and do not and will not (a) contravene the terms of any of such Person’s Organization Documents; (b) conflict with or result in any breach or contravention of, or the creation of any Lien under, any Contractual Obligation (including any Lease or any Franchise Document) to which such Person is a party or any order, injunction, writ or decree of any Governmental Authority or any arbitral award to which such Person or its property is subject; or (c) violate any Law.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: No failure or delay on the part of the Administrative Agent or any Lender in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Credit Parties and the Administrative Agent or any Lender shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights and remedies provided herein are cumulative and not exclusive of any rights or remedies which the Administrative Agent or any Lender would otherwise have. No notice to or demand on the Borrower in any case shall entitle the Borrower to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agent or the Lenders to any other or further action in any circumstances without notice or demand.

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: The award of Restricted Stock pursuant to this Agreement is not intended to be considered “deferred compensation” for purposes of Section 409A of the Code. With respect to any dividends and other RS Property, however, this Agreement is intended to comply with the applicable requirements of Section 409A of the Code relating to “short-term deferrals” thereunder, and shall be limited, construed and interpreted in a manner so as to comply therewith. The parties mutually desire to avoid adverse tax consequences associated with the application of Section 409A of the Code to this Agreement, and agree to cooperate fully and take appropriate reasonable actions to avoid any such consequences under Section 409A of the Code, including delaying payments and reforming the form of the Agreement (maintaining, to the maximum extent reasonably possible, the original intent and economic benefit to the Executive and the Company of the applicable provisions) if such action would reduce or eliminate taxes and/or interest payable as a result of Section 409A.

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 case excerpt and choose the best holding from the options. Case excerpt: v. New York Stock Exchange, 373 U.S. 341, 357, 83 S.Ct. 1246, 1257, 10 L.Ed.2d 389 (1963). At the outset, we consider the effect of TAPAA’s introductory paragraph. Section 1653(c)(1) prescribes that, “Notwithstanding the provisions of any other law,” the owner of a vessel carrying trans-Alaska oil and the Fund “shall be strictly liable without regard to fault in accordance with the provisions of this subsection....” 43 U.S.C. § 1653(c)(1). Section 1653(c)(1) is the general statement of liability, and as such it introduces the subsequent subsections which contain TAPAA’s operational details. While some courts have found “notwithstanding” phrases to preempt explicitly the application of other laws, see, e.g., Complaint of Hokkaido Fisheries Co., Ltd., 506 F.Supp. 631, 634 (D.Alaska 1981) (<HOLDING>), we do not find the phrase dispositive in this Options: A. holding that denial of permit under section 404 of the clean water act was a taking B. holding that district courts are without jurisdiction to review preenforcement orders issued under the clean water act C. holding that adequate notice is a mandatory precondition of a clean water act citizen suit D. holding that the limitation act does not apply to claims brought under the clean water act E. holding that similar notwithstanding language in the clean water act preempted application of limitation act to limit owners liability for cleanup costs

assistant: The best answer is E. holding that similar notwithstanding language in the clean water act preempted application of limitation act to limit owners liability for cleanup costs
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: CURIAM. Reversed and remanded for resentenc-ing. See McGlorthon v. State, 908 So.2d 554 (Fla. 2d DCA 2005) (<HOLDING>). SILBERMAN, VILLANTI, and LaROSE, JJ., Options: A. holding that double jeopardy does not preclude convictions for both sale and possession of the same cocaine within 1000 feet of a church B. holding that convictions for two counts of possession of one quantity of cocaine constituted double jeopardy and fundamental error reversing one possession conviction and remanding for resentencing C. holding the imposition of a maximum sentence of life imprisonment was not excessive for conviction of possession of cocaine where defendant was adjudged to be a fourth felony offender with prior convictions for manslaughter two prior convictions for possession of cocaine and numerous arrests for drug offenses possession of a firearm by a felon aggravated battery and armed robbery D. holding that double jeopardy does not prohibit dual convictions for possession and sale of the same quantum cocaine E. holding that double jeopardy does not preclude convictions for both sale and possession of the same cocaine within 1000 feet of a school

assistant: The best answer is B. holding that convictions for two counts of possession of one quantity of cocaine constituted double jeopardy and fundamental error reversing one possession conviction and remanding for resentencing
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: through Bailey’s allegedly fraudulent conduct. Under the first Granfinanciem factor, actions based solely on breach of fiduciary duty were traditionally actions in equity. In re Evangelist, 760 F.2d 27, 29, 31 (1st Cir.1985); In re Globe Parcel Serv., Inc., 75 B.R. 381, 385 n. 9 (Bankr.E.D.Pa.1987). American jurisprudence expanded the strictly equitable view of actions for breach of fiduciary duty by recognizing dual aspects to such suits: the alleged breach of fiduciary obligation, a traditionally equitable matter; and the underlying claim giving rise to the breach, which if legal, carried the right to a jury trial. See, e.g., DePinto v. Provident Security Life Ins. Co., 323 F.2d 826, 837 (9th Cir.1963), cert. denied, 376 U.S. 950, 84 S.Ct. 965, 968, 969, 11 L.Ed.2d 969, 970 (1964) (<HOLDING>). Thus, while a claim of breach of fiduciary Options: A. holding breach of fiduciary duty claim is essentially a negligence or professional malpractice claim B. holding that missouri law applied to the plaintiffs breach of fiduciary duty claim because it is corporate law that defines the contours of that duty C. holding that plaintiffs were entitled to a jury trial on claim of breach of fiduciary duty where underlying claim was a common law negligence action D. holding that claim of breach of fiduciary duty can be resolved under connecticut law E. holding that a majority shareholder was not entitled to a juiy trial on breach of fiduciary duty claim because claim sounded in equity

assistant: The best answer is C. holding that plaintiffs were entitled to a jury trial on claim of breach of fiduciary duty where underlying claim was a common law negligence action
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: or possess child pornography directly contribute to this continuing victimization.”). Also, the fact that the offender did not commit a more serious crime by molesting a child, did not mean his offense was dramatically different from other child pornography cases so as to warrant a substantial downward variance. Id. at 260. We have no difficulty concluding that the district court did not abuse its discretion in evaluating the seriousness of the offense by finding that the further distribution of child pornography by defendant involved re-victimization of the children in those images, or by rejecting the claim that the sharing and redistribution of child pornography already in circulation did not result in additional harm. See United States v. Bistline, 665 F.3d 758, 766 (6th Cir.2012) (<HOLDING>), petition for cert. filed, — U.S. -, 133 S.Ct. Options: A. holding twentyeight charges against defendant for possession of child pornography were not multiplicious B. recognizing continuing harm from defendants knowing possession of child pornography C. recognizing common use of computers and internet in child pornography offenses D. holding that private possession of child pornography is not protected by the first amendment E. holding that possession of a pistol in public requires knowing possession

assistant: The best answer is B. recognizing continuing harm from defendants knowing possession of child pornography
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 losing party agrees to pay and reimburse the prevailing party for all reasonable attorneys’ fees, costs and expenses paid or incurred by the prevailing party in any legal action, proceeding or other dispute of any kind in which Mortgagee is made a party or appears as a party plaintiff or defendant, involving the Loan Agreement, the Note, this Mortgage, the Assignment or the Mortgaged Property, including, but not limited to, the foreclosure or other enforcement of the Note or this Mortgage, any condemnation action, any action to protect Mortgagee’s security or liens and/or any action in bankruptcy or probate.

assistant: Costs
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 sooner terminated pursuant to other provisions hereof, the Employee’s period of employment under this Agreement shall be a period of one year beginning on the Effective Date; which shall be automatically renewed for successive one-year terms on each anniversary of the Effective Date, unless either party provides the other with at least 60 days advance written notice of non-renewal.

assistant: Terms
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 a Change in Control, the vesting of the Performance Awards may be accelerated pursuant to the Company’s Executive Change in Control Plan or pursuant to Section 12 of the Plan. In any such event, the treatment of the Performance Awards shall be governed by the applicable provisions of the Executive Change in Control Plan and Section 12 of the Plan.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: On May 12, 2017 or, if such day is not a Clearance System Business Day, on the next Clearance System Business Day immediately following such day (the “ Delivery Date ”), Company shall deliver to Dealer, to the account specified in Section 7 hereof, a number of Shares to be agreed separately by Company and Dealer (the “ Share Settlement Amount ”).

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: to identify a title or rank. Section 147.55, however, provides that the short forms “may be used and are sufficient” but does not mandate the use of those forms. Ohio Rev. Code Ann. § 147.55. To the contrary, § 147.55 expressly states that “[t]he authorization of the forms in this section does not preclude the use of other forms.” Id. Nor does § 147.55 provide that an acknowledgment is defective merely because the notary public omits his or her official title. Because this Court does not have the authority to interpret an Ohio statute so as to add words to it, the Court declines to find within § 147.55 a rule that an acknowledgment is defective if a notary public fails to identify herself as such. Cf. Helbling v. Zabor (In re Zabor), 2009 WL 2256911 at *5 (Bankr.N.D.Ohio July 22, 2009) (<HOLDING>). It is true that courts have interpreted the Options: A. holding that where the date of the offense is not an element of the charge a variance between the indictment date and the proof at trial is not fatal so long as the acts charged were committed within the statute of limitations period and prior to the return date of the indictment B. holdingin an adversary proceeding in which the issue was whether the certificate of acknowledgment must include the date of signingthat the date was not required and that the statutory short form of acknowledgment was not dispositive because while the date is indeed a part of the short form of acknowledgment authorized under ohio revcode 14755 that section does not preclude the use of other forms C. holding that the omission of the date of execution on the acknowledgment did not render it invalid when read in conjunction with the instrument D. holding that the date of the federal indictment not the date of the state arrest was the triggering date for the speedytrial act E. holding that the date of sale for an installment contract was the date of contract formation not the date of the last payment due

assistant: The best answer is B. holdingin an adversary proceeding in which the issue was whether the certificate of acknowledgment must include the date of signingthat the date was not required and that the statutory short form of acknowledgment was not dispositive because while the date is indeed a part of the short form of acknowledgment authorized under ohio revcode 14755 that section does not preclude the use of other forms
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: three elements; first, the enterprise violates state law; second, the illegal gambling business involves five or more persons who conduct, finance, manage, supervise, direct or own all or part of such business; and third, the business was either in substantially continuous operation for a period in excess of thirty (30) days or had a gross revenue of $2,000.00 in a single day. United States v. 18755 N. Bay Rd., 13 F.3d 1493, 1496 (11th Cir.1994). When a civil RICO plaintiff attempts to base a RICO claim on illegal gambling, the plaintiff must prove these same elements. Additionally, the plaintiff must prove that he was “injured in his business or property by reason of’ the illegal gambling. 18 U.S.C. § 1964(c); see also Price v. Pinnacle Brands, Inc., 138 F.3d 602, 607 (5th Cir.1998) (<HOLDING>). Thus, just as the plaintiffs must prove Options: A. holding that plaintiffs lacked standing to bring suit under seqraceqr because they failed to allege any property interest in the community gardens at issue B. holding that the rico bar applies even where the plaintiff does not have standing to bring a securities fraud action C. holding that state courts have concurrent jurisdiction over rico claims and that plaintiffs federal rico claim was barred by res judicata since he failed to bring his rico claim along with his state fraud claims in prior state court action D. holding that plaintiff had standing to bring a rico conspiracy claim despite his inability to bring a substantive rico claim E. holding that the plaintiffs did not have standing to bring a civil rico claim predicated on illegal gambling because they failed to allege a compensable injury

assistant: The best answer is E. holding that the plaintiffs did not have standing to bring a civil rico claim predicated on illegal gambling because they failed to allege a compensable injury
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: stimulant in question was possessed or distributed in sufficient quantity to have a stimulant effect on the central nervous system. 21 C.F.R. § 1308.12(d) lists methamphetamine as follows: (d) Stimulants. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a stimulant effect on t effect on the central nervous system” as limiting the provision to cases where methamphetamine appears in a quantity or concentration proven to have the prohibited effect. We disagree. 21 C.F.R. § 1308.12 is a list of those drugs that Congress and the Attorney General have determined to be controlled substances and “where Congress intended the quantity of a substance to be dispos .1975) (<HOLDING>). These decisions date back over thirty years, Options: A. holding that similar language evidences a congressional determination of the actual depressant effect of the listed substances B. holding that similar language provided a sufficient general jurisdiction allegation C. holding similar language to be a valid disclaimer D. holding that language similar to the above did not exclude other methods of notice E. holding that we must give effect to the plain and ordinary meaning of a statutes language

assistant: The best answer is A. holding that similar language evidences a congressional determination of the actual depressant effect of the listed substances
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: During and after the Executive’s employment, the Executive shall cooperate fully with the Company in the defense or prosecution of any claims or actions now in existence or which may be brought in the future against or on behalf of the Company which relate to events or occurrences that transpired while the Executive was employed by the Company. The Executive’s full cooperation in connection with such claims or actions shall include, but not be limited to, being available to meet with counsel to prepare for discovery or trial and to act as a witness on behalf of the Company at mutually convenient times. During and after the Executive’s employment, the Executive also shall cooperate fully with the Company in connection with any investigation or review of any federal, state or local regulatory authority as any such investigation or review relates to events or occurrences that transpired while the Executive was employed by the Company. The Company shall reimburse the Executive for any reasonable out-of-pocket expenses incurred in connection with the Executive’s performance of obligations pursuant to this Section 7(f).

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: relative for sufficient period of time may reside therein); Holtberg v. Bommersbach, 236 Minn. 335, 338, 52 N.W.2d 766, 768 (1952) (concluding intent to return may be of “extreme importance” in determining place of abode); 4A Wright and Miller, Federal Practice & Procedure § 1096, at 81 (stating service on employee who spends only part of his time at defendant’s residence is likely defective). Finally, evidence that the service actually reached the intended person strongly supports a conclusion that service is valid because due process has been afforded. See Minneso e v. Bedoya, 475 So.2d 1035, 1035-36 (Fla.Dist.CtApp.1985) (concluding mother-in-law, who was visiting defendant for six weeks and told process server she lived there, was residing therein); Sangmeister, 278 So.2d at 676-77 (<HOLDING>); Mahone v. Marshall Furniture Co., 142 Ga.App. Options: A. holding babysitter was not residing therein B. holding fourmonth visitor was residing therein C. holding that a tenday visitor was not residing therein D. holding housekeeper did not reside therein E. holding tenday visitor not residing therein

assistant: The best answer is B. holding fourmonth visitor was residing therein
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 Lender agrees to indemnify the Administrative Agent and each of its shareholders, subsidiaries, affiliates, directors, officers, employees and agents (to the extent not reimbursed under Section 11.04, but without limiting the obligations of the Borrower under said Section 11.04), for any and all liabilities, obligations, losses, damages, penalties, actions, judgments, fines, claims, demands, settlements, suits, costs, expenses or disbursements of any kind and nature whatsoever that may be imposed on, incurred by or asserted against (including by the Lender) the Administrative Agent, arising out of or by reason of any investigation in or in any way relating to or arising out of this Agreement or any other documents contemplated by or referred to herein or the transactions contemplated hereby or thereby (including, without limitation, the costs and expenses that the Loan Parties are obligated to pay under Section 11.04 or the enforcement of any of the terms hereof or thereof or of any such other documents, provided that the Lender shall not be liable for any of the foregoing to the extent they arise from the gross negligence or willful misconduct (as finally determined by a non-appealable judgment of a court of competent jurisdiction) of the party to be indemnified. The obligations of the Lender under this Section 10.05 shall survive the termination of this Agreement, the repayment of the Loan or the earlier resignation or removal of the Administrative Agent.

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 case excerpt and choose the best holding from the options. Case excerpt: informed of the charges against him. Even accepting Schell’s version of events as true, and considering that his claim is predicated not on a willful use of excessive force, but on negligence in effecting an arrest, we conclude that Guth was operating in the course and scope of his employment when effecting the arrest of Schell. To the extent Schell was injured by negligent conduct of Guth during the process of that arrest, Guth is entitled to sovereign immunity unless Schell’s negligence claim falls within one of the exceptions to sovereign immunity for negligence claims set forth in 42 Pa.C.S. § 8522(b). We cannot fathom any of the exceptions applying in this situation. See Clark v. Se. Pa. Transp. Auth., 691 A.2d 988, 992 (Pa.Cmwlth.), appeal denied, 550 Pa. 686, 704 A.2d 640 (1997) (<HOLDING>). CONCLUSION We have carefully examined the Options: A. recognizing that police officers may use reasonable force to make a lawful arrest B. holding that sovereign immunity barred claim for compensatory sanctions against the government C. holding sovereign immunity barred negligence claim relating to use of force by septa police officers D. holding that plaintiffs claim was not barred by sovereign immunity because he sought specific relief against a government official E. holding inverse condemnation action not barred by sovereign immunity

assistant: The best answer is C. holding sovereign immunity barred negligence claim relating to use of force by septa police officers
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: insufficient to establish that Petitioner’s actions vis-a-vis the named client pose an “immediate serious danger to the public health, safety, or welfare” as required by section, 120.60(6), Florida Statutes (2015). See also Bio-Med Plus, Inc. v. State, Dep’t of Health, 915 So.2d 669, 672 (Fla. 1st DCA 2005) (“Where, as here, no hearing was held prior to the entry of the emergency order, every element necessary to its validity must appear on the face of the order.”) (internal quotation marks omitted). Specifically, Respondent’s order lacks any “particularized” allegations of fact demonstrating an immediate danger of continuing harm. See St. Michael’s Academy, Inc. v. State, Dep’t of Children & Families, 965 So.2d 169, 172 (Fla. 3d DCA 2007); see also Bio-Med Plus, 915 So.2d at 672-73 (<HOLDING>). Furthermore, the order is not “ ‘narrowly Options: A. holding that likelihood of irreparable harm must be based on evidence in the record not unsupported and conclusory statements regarding harm the plaintiff might suffer B. holding that allegations against nondiverse defendants must be factual not conclusory because conclusory allegations do not state a claim C. holding it is not enough for the emergency suspension order merely to allege statutory violations the allegations of continuing harm must be particularized not general and conclusory or related to stale actions D. holding plaintiffs must provide particularized allegations as to why demand would be futile to survive a motion to dismiss conclusory allegations are not enough E. holding party opposing summary judgment does not show genuine issue for trial by replacing conclusory allegations of the complaint or answer with conclusory allegations of an affidavit

assistant: The best answer is C. holding it is not enough for the emergency suspension order merely to allege statutory violations the allegations of continuing harm must be particularized not general and conclusory or related to stale actions
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: Noble may assign all or any portion of its rights and obligations under this Agreement. This Option is not transferable by Participant other than (i) by will or pursuant to the applicable laws of descent and distribution or (ii) if the Option is a Nonqualified Stock, to a Permitted Transferee in accordance with the provisions of the Plan.

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: The Company has all corporate power and authority and, except for the filing of the Certificate of Designations with the Registrar of Corporations and the approval of the Proposal at the Stockholders Meeting or any Subsequent Stockholders Meeting, has taken all requisite action on the part of the Company, its officers, directors and stockholders necessary for (i) the authorization, execution and delivery of the Transaction Documents, (ii) the authorization of the performance of all obligations of the Company hereunder or thereunder, and (iii) the authorization, issuance (or reservation for issuance) and delivery of the Securities. The Transaction Documents, upon execution and delivery thereof by the Company, will constitute the legal, valid and binding obligations of the Company, enforceable against the Company in accordance with their terms, subject to bankruptcy, insolvency, fraudulent transfer, reorganization, moratorium and similar laws of general applicability, relating to or affecting creditors’ rights generally and to general equitable principles.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Borrower (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) agrees that no Subsidiary of a Loan Party will have a fiscal year different from that of Borrower, (c) agrees to maintain a system of accounting that enables Borrower to produce financial statements in accordance with GAAP, and (d) agrees that it 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 its and its Subsidiaries’ sales, and (ii) maintain its billing systems and practices substantially as in effect as of the Restatement Closing Date and shall only make material modifications thereto with notice to, and with the consent of, Agent; provided that, in the case of clause (d)(ii) modifications that do not result in adverse effects on the Collateral or the ability of Borrower to make payments under this Agreement shall not require the prior 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: The proceeds of the Revolving Loans may only be used (a) to repay Indebtedness under the Existing ABL Credit Agreement to the extent that such Indebtedness is not restated as Revolving Loans hereunder, (b) to pay costs, expenses and fees in connection with the Transactions and the credit facility under this Agreement, and (c) for working capital and general corporate purposes of Borrowers (including capital expenditures and permitted acquisitions). No part of the proceeds of any Loan will be used, whether directly or indirectly, for any purpose that entails a violation of any of the Regulations of the Board, including Regulations T, U and X. Letters of Credit will be issued to support obligations of the Account Parties in respect of purchases of inventory in the ordinary course of business, as well as other obligations of Holdings and its Subsidiaries incurred without violation of this Agreement.

assistant: Use Of Proceeds