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: mandatory sentence prescribed ' in subsection (b). Any other reading of HRS § 712-1200(4) would produce an absurd result, Franks, 74 Haw. at 341, 843 P.2d at 674, and contradict the obvious meaning of the statute. State v. Paaluhi, 70 Haw. 237, 240, 768 P.2d 235, 237 (1989). Id. at 395-96, 885 P.2d at 1135-36 (emphasis in original). Because we were satisfied that an absurd result could only be avoided by employing the “plain meaning” approach to the construction of the term “subsequent of fense,” we noted in Ramela that resort to the legislative history was “not necessary to our analysis,” although we observed, in a footnote, that the legislative history supported our construction. Id. at 396 n. 3, 885 P.2d at 1136 n. 3. See also State v. Simpson, 9 Haw.App. 165, 827 P.2d 1156 (1992) (<HOLDING>). Likewise, because the plain meaning of the Options: A. holding that a second offense was subsequent for purposes of hrs 71212004 inasmuch as it was subsequent in terms of both commission and ascertainment of guilt notwithstanding that the two convictions had occurred simultaneously in the course of the same proceeding B. holding that counsel was not ineffective in failing to request a charge on the lesserincluded offense when the evidence showed either the commission of the completed offense as charged or the commission of no offense such that the defendant was not entitled to a charge on the lesser offense C. holding that the greater offense is by definition the same for purposes of double jeopardy as any lesser offense included in it D. holding that notwithstanding code 182231s application to successive trials conviction of both the completed substantive offense and the underlying conspiracy are permitted in virginia provided the convictions occurred as here in a single trial E. holding that two offenses are separate for the purposes of 4a12a1 where all the elements of the first offense occurred before any activity forming the basis of the second offense

assistant: The best answer is A. holding that a second offense was subsequent for purposes of hrs 71212004 inasmuch as it was subsequent in terms of both commission and ascertainment of guilt notwithstanding that the two convictions had occurred simultaneously in the course of the same proceeding
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: For a term of one (1) year beginning on the last day of your employment with the Company, you shall make no disparaging remarks regarding or relating to Anadarko, its affiliates, or any employee or director of Anadarko or its affiliates. The non-disparagement requirements set forth in this paragraph (b) are subject to the provisions of paragraph (e) (“Disclosures”) below.

assistant: Non-Disparagement
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: deficiencies in its own test, and its duty to warn users of those deficiencies. Accordingly, the Court’s application of the doctrine of “field preemption” to Abbott’s duty to warn in the summer and fall of 1986 is unsupported by federal preemption jurisprudence and, as well, by the record that suggests the FDA’s regulatory efforts peaked when the Abbott blood test was licensed in 1985, and that after licensure the FDA impatiently awaited Abbott’s submission of a modified and unproved test. Conflict Preemption The majority opinion asserts that, in addition to finding implied “field” preemption of plaintiffs’ claims based on the comprehensiveness of FDA regulation, a state failure-to-warn claim would be subject to implied conflict preemption because the .Supp. 929, 933 (W.D.Ark.1994) (<HOLDING>). The Court also relies on the applicable Options: A. holding that manufacturer could be estopped from asserting federal preemption of failuretowarn claim if manufacturer withheld material facts from environmental protection agency B. holding that purely factual material may be withheld from disclosure under exemption 5 if that material would expose the deliberative process of an agency C. holding that a defendant was estopped from asserting improper service where the defendants conduct caused the allegedly improper service D. holding that materiality of medical information withheld from insurer could be presumed material to insurer E. holding that tribal entity was not equitably estopped from asserting immunity because misrepresentations of the tribes officials or employees cannot affect its immunity from suit

assistant: The best answer is A. holding that manufacturer could be estopped from asserting federal preemption of failuretowarn claim if manufacturer withheld material facts from environmental protection agency
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 issue on direct appeal” of his conviction. (Resp.’s Ex. 2, County Court Order Dated Sept. 1, 2009, Aug. 26, 2010, ECF No. 8-4.) Noting that “[t]he purpose of a 440.10 [motion] is to advise the Court of facts that were unknown at the time of the judgment,” the County Court rejected Petitioner’s legal insufficiency claim as unpreserved since it relied entirely on matters of record being improperly raised for the first time. Id. Failure to preserve an issue for state appellate review by not raising it on direct appeal is clearly an adequate and independent procedural ground recognized in New York and one on which the County Court relied in denying Petitioner’s motion to vacate judgment. See, e.g., People v. Cooks, 67 N.Y.2d 100, 103-04, 500 N.Y.S.2d 503, 491 N.E.2d 676 (N.Y.1986) (<HOLDING>); see also People v. Jossiah, 2 A.D.3d 877, 769 Options: A. holding that an issue not raised on direct appeal of sentence is barred by the law of the case from presentation in a subsequent appeal B. recognizing that the rule disallowing matters of record to be raised on a 44010 motion is designed to prevent cpl 44010 from being employed as a substitute for direct appeal when defendant was in a position to raise an issue on appeal or could readily have raised it on appeal but failed to do so C. holding that an issue not raised in the trial court cannot be raised for the first time on appeal D. holding claims must be raised on direct appeal or waived E. holding that an issue not raised on appeal is waived

assistant: The best answer is B. recognizing that the rule disallowing matters of record to be raised on a 44010 motion is designed to prevent cpl 44010 from being employed as a substitute for direct appeal when defendant was in a position to raise an issue on appeal or could readily have raised it on appeal but failed to do so
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: of Omaha for that particular post. In sum, Vincent’s testimony about a third party’s statement does not suffice to survive summary judgment. As discussed above, Vincent’s burden at this stage was not onerous. Vincent had only to set forth facts adequate to permit an inference of discrimination in order to survive summary judgment. Holifield, 115 F.3d at 1562. Vincent, however, provided the Court with nothing more than unsupported, uncorroborated allegations. It is undisputed that a nonmovant may not rely on mere allegations to avoid entry of summary judgment. Moses v. American Nonwovens, Inc., 97 F.3d 446, 447 (11th Cir.1996), cert. denied, — U.S. —, 117 S.Ct. 964, 136 L.Ed.2d 849 (1997); see also Carter v. Three Springs Residential Treatment, 132 F.3d 635, 642 n. 6 (11th Cir.1998) (<HOLDING>). The Court will briefly address Vincent’s Options: A. holding that eonclusory and generalized allegations of racial bias such as there was a racially biased attitude by management towards minority black employees were properly struck by the district court B. holding that a reasonable jury could conclude that there was a racially hostile work environment when plaintiff was subjected to several statements involving racial epithets and a nude black doll was hung from a noose in his locker C. holding that unequivocal examples of racial animus included instances when plaintiff was instructed to keep his black ass off the phone and was called a black son of a bitch and a black motherfucker D. holding there was no constitutional presumption of juror bias where counsel asked the district court to make an inquiry into potential prejudice because the defendant was black and the prospective jurors were white E. holding unconstitutional a free transfer provision by which students were allowed to transfer solely on a racial basis from the school to which they had been assigned by virtue of redistricting if they were in a racial minority in their new school

assistant: The best answer is A. holding that eonclusory and generalized allegations of racial bias such as there was a racially biased attitude by management towards minority black employees were properly struck by the district court
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: when you post your observations and comments on the service such as in forums , blogs and chat features , we can not guarantee that other players will not use the ideas and information that you share .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: whom must be a physician) to determine whether the HMO’s actions were “reasonable.” These distinctions are fatal to the external review law. The external review hearing more closely resembles “contract interpretation or evidentiary litigation before a neutral arbiter” than “a practice (having nothing to do with arbitration) of obtaining another medical opinion.” Rush Prudential, 536 U.S. at 383, 122 S.Ct. 2151. More damaging, however, is the right of either party to seek judicial review. For example, a claimant who is denied benefits pursuant to Hawaii’s external review law can appeal that denial to the courts, allowing for a judicial determination of the claimant’s entitlement to benefits. This is precisely the type of adjudication barred by Pilot Life, 481 U.S. at 52, 107 S.Ct. 1549 (<HOLDING>). See HRS § 432E-6; 215 Ill. Comp. Stat. Options: A. holding that 1132a is the exclusive vehicle for actions by erisaplan participants and beneficiaries asserting improper processing of a claim for benefits B. holding erisa preempts state contract and tort actions based on improper processing of claims for benefits C. holding negligent misrepresentation claim was not preempted because it neither sought benefits under plan nor alleged improper processing of benefits D. holding that state law causes of action arising from improper processing of a claim for benefits are preempted E. holding that state common law causes of action asserting improper processing of a claim for benefits under an employee benefit plan are removable to federal court

assistant: The best answer is A. holding that 1132a is the exclusive vehicle for actions by erisaplan participants and beneficiaries asserting improper processing of a claim for benefits
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: Servicer has the full corporate power and authority to execute and deliver this Agreement and to perform in accordance herewith; the execution, delivery and performance of this Agreement (including all instruments of transfer to be delivered pursuant to this Agreement) by Servicer, and the consummation of the transactions contemplated hereby have been duly and validly authorized; this Agreement evidences the valid, binding and enforceable obligation of Servicer.

assistant: Authority
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 violate Section 1341. 2 . Lane’s convictions under Counts 12, 34 and 35 were based on services he was charged with performing as a “banker”. His Count 17 conviction was based on a fraudulent claim for theft of personal property from his home. By oversight Count 24 was not listed on the verdict form and there was no verdict on that count. 3 . These included motions for extensions of time within which to move to dismiss the indictment, motion for inspection of grand jury minutes and for inspection of the transcript of grand jury proceedings, to dismiss the indictment, both on the merits and because of delay in trial, motions for bills of particulars and motions against prejudicial joinder. 4 . United Sta 48, at page 852, cert. denied 1962, 369 U.S. 803, 82 S.Ct. 641, 7 L.Ed.2d 550 (<HOLDING>); Sawyer v. Barczak, 7 Cir., 1956, 229 F.2d Options: A. holding that delay caused by or consented to by a defendant is not unreasonable B. holding that a five month delay was unreasonable C. holding that a five month delay is unreasonable D. holding that a 13 month delay was unreasonable E. holding that a six month delay was unreasonable

assistant: The best answer is A. holding that delay caused by or consented to by a defendant is not unreasonable
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 Loan Party shall keep accurate and complete records of its Inventory in the United States and Canada consistent in all material respects with historical practices, and shall submit to Agent inventory and reconciliation reports (which reports shall set forth the Inventory information by location) in form reasonably satisfactory to Agent, on such periodic basis as Agent may reasonably request. Subject to Section 10.1.9 , Loan Party Agent shall conduct (or shall cause to be conducted) a physical inventory in the United States and Canada at least once per calendar year (and on a more frequent basis if requested by Agent when an Event of Default exists) and periodic cycle counts consistent with historical practices, and shall provide to Agent a report based on each such inventory and count promptly upon completion thereof, together with such supporting information as Agent may reasonably request. Agent may participate in and observe each physical count.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as set forth on Schedule 3.28 , no broker, finder, investment banker or other agent is entitled to any brokerage, finder’s or other fee or commission in connection with the transactions contemplated by this Agreement based upon arrangements made by or on behalf of any of the Sellers or the Acquired Companies. The Sellers shall be solely responsible for payment of any such fee or commission, and the EFI Parties shall have no direct or indirect responsibility or liability for any such fee or commission.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: we may , in our sole discretion , terminate or suspend your access to all or part of the service at any time , with or without notice , for any reason , including , without limitation , breach of this agreement .

assistant: Unilateral termination
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 Purchaser has the full power and authority to enter into and consummate all transactions contemplated by this Agreement, has duly authorized the execution, delivery and performance of this Agreement, and has duly executed and delivered this Agreement.

assistant: Authority
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 right and remedy to have the Restrictive Covenants specifically enforced by any court of competent jurisdiction by injunctive decree or otherwise, it being agreed that any breach or threatened breach of the Restrictive Covenants would cause irreparable injury to the Company and that money damages would not provide an adequate remedy to the Company.

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 case excerpt and choose the best holding from the options. Case excerpt: that Chapter Thirteen plans may “modify the rights of holders of secured claims, other than a claim secured only by a security interest in real property that is the debtor’s principal residence.” 11 U.S.C. § 1322(b)(2) (emphasis added). Defendants concede that plaintiffs’ claims are secured by liens on their principal residences. Therefore, the key issue is whether those hens constitute “security interests” for purposes of the antimodification provision of § 1322(b)(2). The ich.1992) (finding antimodification provision of § 1322(b)(2) inapplicable because creditor’s interest in the principal residence of the debtor was a “hen,” rather than a “security interest,” based on the fact that it arose nonconsensually under state tax act); In re Venable, 48 B.R. 853, 856 (S.D.N.Y. 1985) (<HOLDING>); In re Mitchell, 39 B.R. 696, 700 Options: A. holding that 1322b2 prohibits modification of the interest rate on the loan on the debtors principal residence B. holding that citys tax hen on debtors principal residence was modifiable despite 1322b2 because not consensual and thus not a security interest C. holding that the determination of whether the debtor is using real property as his principal residence is made as of the petition date for the purposes of section 1322b2 D. holding alternatively that rights of undersecured claimant could be modified notwithstanding 1322b2 because mortgagees security interest which attached to appliances machinery furniture and equipment whether fixtures or not was not secured only by a security interest in real property E. holding modifiable a mechanics hen on debtors principal residence because it was a statutory hen

assistant: The best answer is B. holding that citys tax hen on debtors principal residence was modifiable despite 1322b2 because not consensual and thus not a security interest
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 Records included in the Acquired Assets are true, complete and correct in all material respects and Seller Parties have made available to Buyer Parties for examination the originals or true and correct copies of all documents and materials related to the Business, together with all other documents and materials reasonably requested by Buyer Parties in connection with the transactions contemplated by this Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: lived in the house for several weeks, and she no longer had any means of authorized access into the house. Indeed, the evidence reveals that the garage keypad cover was open but the garage door still closed and that the door to the house was forced open with the deadbolt still engaged. Although Mother had not directly told K.F. that she was no longer permitted to enter the house, she indirectly conveyed that message by changing the lock and garage keypad code, and K.F. apparently received that message when she attempted to enter the house but was unable to do so. Because the evidence presented is sufficient to show that KF.’s entry into her Mother’s home was unauthorized, we affirm KF.’s true finding for burglary. See, e.g., Fuller, 875 N.E.2d at 333-34; Jewell, 672 N.E.2d at 426-27 (<HOLDING>); Ellyson, 603 N.E.2d at 1373 (affirming Options: A. holding that wife had standing to seek disinterment where death of husband occurred prior to entry of decree of divorce B. holding that the evidence supported the conclusion that husbands entry into estranged wifes home was unauthorized where husband had moved out wife had changed locks and husband entered house through window after removing screen C. holding that alimony was justified where wife was homemaker with lesser job skills than husband wife had lesser earning capacity and husband was guilty of marital misconduct D. holding that property held by husband and wife in tenancy by entirety is exempt from attachment or execution for the sole debts of husband E. holding a wife liable for necessary medical expenses incurred by her husband under the doctrine even though the wife did not sign as a guarantor and did not request that her husband be admitted nor anticipate that her husband would be admitted

assistant: The best answer is B. holding that the evidence supported the conclusion that husbands entry into estranged wifes home was unauthorized where husband had moved out wife had changed locks and husband entered house through window after removing screen
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Each of Borrower and Guarantor has legal title to or valid leasehold interests in, as applicable, all of their respective properties and assets reflected in the most recent financial statements delivered by Borrower and Guarantor to Administrative Agent, in each case except for assets disposed of since the date of such financial statements in the ordinary course of business. All such properties and assets are free and clear of Liens except with respect to any Debt indicated on such financial statements. As of the Closing Date, Borrower owns the Premises free and clear of any and all Liens, except for Permitted Encumbrances.

assistant: Liens
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: we could exercise pendent jurisdiction, we would decline to do so here. Given that the FAA allows intermediate appeals over any denial of a request for a stay, some possibility exists that defendants might make far-fetched or premature stay requests to delay litigation. See Arthur Andersen LLP, 556 U.S. at 634, 129 S.Ct. 1896 (Souter, J., dissenting). Where, as here, we find a request premature, granting pendent appellate jurisdiction over other issues might encourage litigants to make meritless requests for stays as a means to challenge other non-appealable decisions. 3 . Again, it matters that neither Taylor nor those who have joined her thus far have agreed to arbitrate. If Taylor had, this would change things. See Reyna v. Int’l Bank of Commerce, 839 F.3d 373, 373 (5th Cir. 2016) (<HOLDING>). If that were the case, Pilot could actually Options: A. recognizing that in reviewing ruling on motion to compel arbitration we first determine whether party seeking arbitration established existence of arbitration agreement B. holding that once the party seeking to compel arbitration establishes the existence of an arbitration agreement and that the claims raised fall within the scope of that agreement the trial court must compel arbitration C. holding that rookerfeldman precludes jurisdiction over a federal lawsuit to compel arbitration under the federal arbitration act because the action was inextricably intertwined with the plaintiffs failed statelaw action to compel arbitration under the louisiana arbitration act D. holding that in ruling on a motion to compel arbitration a court must consider 1 whether the parties have entered into a valid arbitration agreement 2 whether an arbitrable issue exists and 3 whether the right to arbitration has been waived E. holding that the district court erred in refusing to compel named plaintiff to arbitration because it wanted to consider the enforceability his arbitration agreement after receiving opt ins

assistant: The best answer is E. holding that the district court erred in refusing to compel named plaintiff to arbitration because it wanted to consider the enforceability his arbitration agreement after receiving opt ins
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, for all purposes, shall be construed in accordance with the laws of Texas without regard to conflicts-of-law principles. Any action or proceeding by either of the Parties to enforce this Agreement shall be brought only in any state or federal court located in the state of Texas, county of Bexar. The Parties hereby irrevocably submit to the exclusive jurisdiction of such courts and waive the defense of inconvenient forum to the maintenance of any such action or proceeding in such venue.

assistant: Venues
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: counterproposal, agreed to that resolution. When it later became clear that channel 255C3 was not actually available for Quanah, however, Nationwide withdrew its expression of interest in any channel, stating that it “did not wish to be placed in an advers[a]rial position in such a complex proceeding with so many larger interests at stake.” Nationwide Withdrawal of Expression of Interest at 1-2 (J.A. 88-89). 4 . See Conflicts Between Applications and Petitions for Rulemaking to Amend the FM Table of Allotments, 8 F.C.C.R. 4743, 4745 (1993) (noting that the risk of preclusion "could in large part be minimized by filing a counter-proposal at the earliest possible time"); Amendment of Section 73.202(b), Table of Allotments, FM Broadcast Stations, 5 F.C.C.R. 7609, ¶ 10 (1990) ("Pinewood ") (<HOLDING>); see also id. ¶ 8 ("The fact that we may allot Options: A. holding that to avoid possible preclusion other applicants must file by the comment deadline stated in the notice of proposed rule making in the allotment proceeding B. holding 108c2 applied to extend the deadline to file a notice of appeal in state court until at least 30 days after notice of the stays termination or expiration C. holding that the drastic sanction of preclusion of expert witnesses was not warranted based on failure to furnish discovery by the discovery deadline when the deadline could have been shifted D. holding that the 30day deadline to file a notice of appeal with the bia was not jurisdictional E. holding 57 days notice before deadline to file a complaint under 523 was sufficient notice when creditor had actual notice of filing

assistant: The best answer is A. holding that to avoid possible preclusion other applicants must file by the comment deadline stated in the notice of proposed rule making in the allotment proceeding
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: (a) At such time as the Loans, the Reimbursement Obligations and the other Obligations (other than any Obligations owing to a Non-Lender Secured Party) then due and owing shall have been paid in full, the Commitments have been terminated and no Letters of Credit shall be outstanding (except for any Letter of Credit that has been cash collateralized, or otherwise provided for in a manner reasonably satisfactory to the applicable Issuing Lender), all Security Collateral shall be automatically released from the Liens created hereby, and this Agreement and all obligations (other than those expressly stated to survive such termination) of the Collateral Agent and each Granting Party hereunder shall terminate, all without delivery of any instrument or performance of any act by any party, and all rights to the Security Collateral shall revert to the Granting Parties. At the request and sole expense of any Granting Party following any such termination, the Collateral Agent shall deliver to such Granting Party any Security Collateral held by the Collateral Agent hereunder, and the Collateral Agent and the Administrative Agent shall execute, acknowledge and deliver to such Granting Party such releases, instruments or other documents (including UCC termination statements), and do or cause to be done all other acts, as any Granting Party shall reasonably request to evidence such termination.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: must be supported by a new probable cause justification. See Illinois v. Caballes, 543 U.S. 405, 407-08, 125 S.Ct. 834, 160 L.Ed.2d 842 (2005); Arizona v. United States, — U.S. -, 132 S.Ct. 2492, 2509, 183 L.Ed.2d 351 (2012) (“[D]elay[ing] the release of some detainees for no reason other than to verify their immigration status ... would raise constitutional concerns.”). Moreover, although Morales continued to be detained by ACI officials, and not by Donaghy himself, it was also clearly established that a law enforcement officer is “responsible for the natural consequences of his actions.” Malley v. Briggs, 475 U.S. 335, 344 n. 7, 106 S.Ct. 1092, 89 L.Ed.2d 271 (1986) (quoting Monroe v. Pape, 365 U.S. 167, 187, 81 S.Ct. 473, 5 L.Ed.2d 492 (1961)); see also id. at 344-45, 106 S.Ct. 1092 (<HOLDING>); Torres Ramirez v. Bermudez Garcia, 898 F.2d Options: A. holding warrant valid where search warrant application affidavit was signed and probable cause existed for issuance of warrant B. holding that an officer who knowingly processed an invalid warrant could be held liable for the subsequent unlawful arrest C. holding that an arrest warrant can authorize entry into a dwelling only where the officials executing the warrant have reasonable or probable cause to believe the person named in the warrant is within D. holding invalid warrant did not create probable cause for arrest E. holding that an officer whose request for a warrant allegedly caused an unconstitutional arrest can be held liable for the arrest where the warrant application is so lacking in indicia of probable cause as to render official belief in its existence unreasonable

assistant: The best answer is E. holding that an officer whose request for a warrant allegedly caused an unconstitutional arrest can be held liable for the arrest where the warrant application is so lacking in indicia of probable cause as to render official belief in its existence unreasonable
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: significantly, whether or not the Justice Department can be said to have been authorized to represent STS residents, this Court finds that the Justice Department did not adequately represent such residents. A finding of inadequate representation is required based upon the above discussion of the limited causes of action and types of relief available to and pursued by the Justice Department in United States v. Connecticut. Since the Justice Department did not seek all of the types of relief which plaintiffs seek in this case, it follows directly that the Justice Department’s representation was inadequate from a res judicata perspective, and that the plaintiffs are therefore not in privity with the United States. See Williamson v. Bethlehem Steel Corp., 468 F.2d 1201, 1203 (2d Cir.1972) (<HOLDING>), cert. denied, 411 U.S. 981, 93 S.Ct. 1893, Options: A. holding that relief granted under title vii is against the employer not individual employees whose actions constituted a violation of title vii emphasis in original B. holding that six employees bringing suit under title vii were not in privity with the united states which had brought a previous suit against the same employer because the employees sought a type of relief which the united states had not sought C. holding that in statute authorizing suits against united states limits time period in which such suits may be brought united states retains its sovereign immunity as to any suits brought outside of that time period therefore court does not have subject matter jurisdiction over suit against united states that is barred by statute of limitations D. holding that the united states may bring suit against a state to enforce compliance with federal law E. recognizing federal constitutional claim against the united states

assistant: The best answer is B. holding that six employees bringing suit under title vii were not in privity with the united states which had brought a previous suit against the same employer because the employees sought a type of relief which the united states had not sought
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: Date), an amount equal to 100% of the cash proceeds therefrom (net of underwriting discounts or placement discounts and commissions and other reasonable fees and costs associated therewith) shall be applied as a mandatory repayment in accordance with the requirements of Sections 4.02(f) and (g).

assistant: Closings
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 defendant’s confession, and that the trial court gave the defendant an opportunity to explain or present evidence, consistent with Dowling. Id. Whitehead, unlike Seays, involved pending charges stemming from a prior arrest. Id. Seays concerned a pending charge that arose from a subsequent arrest, i.e., an arrest that occurred after the crime for which the sentence was being imposed. 789 So.2d at 1209. As discussed above, Seays could reasonably be interpreted as holding that s 1999) (explaining that subsequent arrests are proper considerations in sentencing because “[t]his information is relevant to the court’s assessment of the defendant’s character and the risk that he will commit another crime.”); People v. Jones, 142 Ill.App.3d 51, 96 Ill.Dec. 469, 491 N.E.2d 515, 518-19 (1986) (<HOLDING>) (citing People v. Young, 138 Ill.App.3d 130, Options: A. holding a court may consider a defendants criminal history even if that history is included in the defendants criminal history category B. holding that criminal conduct of which defendant is acquitted may be used as sentencing factor if proved by preponderance of the evidence C. recognizing that sentencing facts are based on the evidence and testimony presented at sentencing under a preponderance of the evidence standard D. holding that the sentencing judge could consider the defendants subsequent arrest even though the charges were dismissed during sentencing E. holding that evidence of subsequent criminal conduct may be used at sentencing hearing on prior criminal charge and stating that misdeeds occurring up to the time of sentencing whether before the finding of guilty or subsequent are relevant as they go to the defendants history and character

assistant: The best answer is E. holding that evidence of subsequent criminal conduct may be used at sentencing hearing on prior criminal charge and stating that misdeeds occurring up to the time of sentencing whether before the finding of guilty or subsequent are relevant as they go to the defendants history and character
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: It is specifically understood and agreed that any breach of the provisions of this Section 11 is likely to result in irreparable injury to the Company or the Executive, as the case may be, and that the remedy at law alone will be an inadequate remedy for such breach, and that, in addition to any other remedy it may have, each party shall be entitled to seek the specific performance of this Agreement by the other party and to seek both temporary and permanent injunctive relief (to the extent permitted by law).

assistant: Remedies
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: directs us is an amended complaint (the “Second” complaint) that Lynchval filed sometime after the original complaint and sometime before the SASC. This complaint contains the new allegations present in the SASC. But Winklevoss has no proof that it tendered this complaint to Federal, or that Federal knew about it through other means. Moreover, just as the SASC does not “clarify” the original complaint, the Second complaint (which mirrors the SASC in all relevant respects) likewise fails to “clarify” the original complaint. These facts render Winklevoss’ cited authority inapposite. Those cases all involved vague complaints that were clarified by later fact discovery, or that, liberally construed, held the potential for coverage from the very beginning. See Travelers, 974 F.2d at 829 (<HOLDING>); Kufalk, 636 F.Supp. at 311-12 (complaint’s Options: A. holding that unintended damage to a pipeline caused by the defective coating supplied by insureds subsidiary was caused by an occurrence within the meaning of the liability policy B. holding a manufacturer strictly liable in tort for injury to plaintiff caused by defective power tool C. holding that the complaints allegations that the lithograde polystyrene sheets supplied by penda were unusable and unacceptable could be read to claim property injury in light of deposition testimony that plaintiff sought compensation for damages caused by the defective sheets D. holding that a 1983 claim for damages was not prohibited by claim preclusion because the plaintiff could not have sought damages in his prior article 78 proceeding arising out of the same facts E. recognizing cause of action for products liability in the absence of privity of contract in light of the foreseeable risk of harm caused by defective automobiles

assistant: The best answer is C. holding that the complaints allegations that the lithograde polystyrene sheets supplied by penda were unusable and unacceptable could be read to claim property injury in light of deposition testimony that plaintiff sought compensation for damages caused by the defective sheets
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: when you purchase the services on a subscription basis ( e.g. , monthly , every 3 months or annually ( as applicable ) ) , you acknowledge and agree that you are authorizing recurring payment , and payments shall be made to microsoft by the method you have chosen at the recurring intervals chosen by you , until the subscription for that service is terminated by you or by microsoft .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Borrower agrees to pay on the First Amendment Effective Date to the Administrative Agent, for the account of each Incremental Term Lender, a fee (the “ Incremental Fee ”) in an amount equal to 0.25% of the amount of the Incremental Term Commitment of such Incremental Term Lender. The foregoing fees shall be payable in immediately available funds and shall not be refundable.

assistant: Fees
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 otherwise determined by the Committee, and except as otherwise provided herein, in order to be entitled to receive an Annual Bonus for the Plan year, the participant must be an active regular employee of Progressive on November 30 of the Plan year (“Qualification Date”). Individuals who are hired on or after December 1 of any Plan year are not entitled to an Annual Bonus for that Plan year. Any participant who is on a leave of absence covered by the Family and Medical Leave Act of 1993, as amended (or equivalent state or local law), the American with Disabilities Act of 1991, as amended (or equivalent state or local law), personal leave approved by the Company, military leave or short- or long-term disability (provided that, in the case of a long-term disability, the participant is still an employee of the Company) on the Qualification Date relating to the Plan year will be entitled to receive an Annual Bonus for the Plan year based on the Paid Eligible Earnings received by the participant during the Plan year. Annual Bonus payments made to participants will be net of any legally required deductions and/or withholdings for federal, state and local taxes and other items.

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: Grote Molen and Merger Co. have each complied with all applicable statutes and regulations of any federal, state, or other governmental entity or agency thereof, except to the extent that noncompliance would not materially and adversely affect the business, operations, properties, assets, or condition of Grote Molen or Merger Co., as applicable, or except to the extent that noncompliance would not result in the occurrence of any material liability for Grote Molen or Merger Co. To the best knowledge of Grote Molen and Merger Co., the consummation of the transactions contemplated by this Agreement will comply with all applicable statutes and regulations, subject to the preparation and filing of any forms required by state and federal securities laws.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company shall pay the Executive a lump sum cash payment, no later than 10 days after the Termination Date, in an amount equal to the Executive's Base Salary multiplied by a factor of two (2).

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 legal provision and list the applicable contract clause categories. Provision: The Companies and Indemnitee each irrevocably consent to the jurisdiction of the courts of the State of Delaware for all purposes in connection with any action or Proceeding that arises out of or relates to this Agreement and agree that any action instituted under this Agreement shall be brought only in the state courts of the State of Delaware.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: (defining “coercion” as used in Penal Code). 5 . Tex.R. Civ. P. 91. 6 . Id, R. 166a. 7 . Id. R. 91a. 8 . See In re Essex Ins. Co., 450 S.W.3d 524, 528 (Tex.2014) (per curiam) (granting mandamus relief to remedy trial court’s erroneous denial of Rule 91a dismissal motion; reasoning, under Texas Supreme Court's contemporary mandamus standards, that remedy of ordinary appeal after final judgment was "inadequate” because immediate relief "is appropriate to spare the parties and the public the time and money spent on fatally flawed proceedings” (citing In re John G. & Marie Stella Kenedy Mem'l Found., 315 S.W.3d 519, 523 (Tex.2010) (quoting In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 136 (Tex.2004)))). 9 . See, e.g., State ex ret Lykos v. Fine, 330 S.W.3d 904, 919 (Tex.Crim.App.2011) (<HOLDING>); see also id. at 909 (observing that Texas Options: A. holding that ricos reference to state law is not meant to incorporate state procedural law B. holding that new york common law must be applied to determine whether the parties formed an oral settlement agreement and state statutory law must be applied to determine whether the agreement if any is enforceable C. holding that the trial court did not need to conduct an evidentiary hearing when the dispute could be resolved as a matter of law D. holding that there is no basis under texas law to conduct a pretrial evidentiary hearing to determine the as applied constitutionality of a state penal law or state criminal procedural statute and that such a challenge must await trial E. holding that a state statute that affects the governments ultimate liability is to be applied as substantive state law under the ftca

assistant: The best answer is D. holding that there is no basis under texas law to conduct a pretrial evidentiary hearing to determine the as applied constitutionality of a state penal law or state criminal procedural statute and that such a challenge must await trial