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: of a court of another state.” Courtney v. Courtney, 40 N.C. App. 291, 295, 253 S.E.2d 2, 4 (1979) (citations omitted). However, “[i]t is accepted law in North Carolina that courts of one state cannot determine title to real property located in another state.” Kirstein v. Kirstein, 64 N.C. App. 191, 192, 306 S.E.2d 552, 553 (1983) (citations omitted). When the court rendering judgment has no jurisdiction over the property, the Full Faith and Credit Clause is not applicable. Id. at 193, 306 S.E.2d at 553. Thus, “[a] judgment seeking to apportion the rights of the parties to property outside the jurisdiction of the court rendering it may be given extra-state effect for many purposes, but it does not establish any right in the property itself, enforceable in the state 3 S.E.2d 2, 5 (1979) (<HOLDING>). Although not specifically addressed Options: A. holding that a foreign subsidiary that is not registered to do business in north carolina has no place of business employees or bank accounts in north carolina does not design manufacture or advertise its products in north carolina and does not solicit business in north carolina cannot be subject to personal jurisdiction in north carolina even if some of the companys products do enter north carolina through the stream of commerce B. holding that so much of the foreign judgment as attempts to affect the title to north carolina property is a nullity C. holding that north carolina court lacked personal jurisdiction over illinois bank even though some of its customers resided in north carolina and loan proceeds were used in north carolina D. holding to the extent that the foreign decree attempts to affect title to property in north carolina it is void E. holding that any part of a foreign decree which attempted to determine ultimate title to north carolina realty is void

assistant: The best answer is E. holding that any part of a foreign decree which attempted to determine ultimate title to north carolina realty is void
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, and the portions of the Employment Agreement referred to and incorporated herein, set forth the entire agreement and final understanding between the parties, and supersedes all prior negotiations and agreements, proposed or otherwise, whether written or oral, covering the subject matter hereof.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Family Servs. v. I.B., 891 So.2d 1168, 1171 (Fla. 1st DCA 2005). By law, persons accepting drivers’ licenses in the state are deemed to consent to testing of their blood alcohol content. § 316.1932(l)(a)l.a., Fla. Stat. (2010). The “underlying purpose of the implied consent law ... ‘is to ensure reliable scientific evidence for use in future court proceedings and to protect the health of those persons being tested....’” State v. Miles, 775 So.2d 950, 953 (Fla.2000) (emphasis omitted) (quoting Bender, 382 So.2d at 699). Furthermore, compliance with the FDLE regulations gives rise to various statutory presumptions for use in court proceedings. When a regulation fails to meet the purposes of the implied consent program, however, the, statutory presumptions do not apply. See id. at 953-55 (<HOLDING>). Appellant argues that Rule 8.012 is invalid Options: A. holding that the implied consent statutes are irrelevant when the defendant gives actual consent to a blood or breath test B. holding that independent of the implied consent law the fourth amendment requires an arrestees consent to be voluntary to justify a warrantless blood draw C. holding driver has the burden of proving by a preponderance of the evidence that he had complied with the implied consent law and that the peace officers had not satisfied the procedural requirements thereof where licensee claimed his consent to blood test was invalid and that he was incapable of consenting D. holding that failure to require proper preservation of blood samples rendered a prior version of rule 8102 inadequate and inconsistent with the purpose of the implied consent law as it relates to ensuring the reliability of test results as such the state was not entitled to the presumptions of impairment associated with the implied consent statutory scheme E. holding that the implied consent law allows law enforcement officers to obtain blood in circumstances in which a warrant or actual consent may otherwise be required

assistant: The best answer is D. holding that failure to require proper preservation of blood samples rendered a prior version of rule 8102 inadequate and inconsistent with the purpose of the implied consent law as it relates to ensuring the reliability of test results as such the state was not entitled to the presumptions of impairment associated with the implied consent statutory scheme
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: tripadvisor , its subsidiaries and corporate affiliates ( collectively , the `` tripadvisor media group companies '' ) do not guarantee the accuracy of , and disclaim all liability for , any errors or other inaccuracies relating to the information and description of the hotel , vacation rental properties , air , cruise , car and any other travel products displayed on this website ( including , without limitation , the pricing , availability , photographs , list of hotel or vacation rental property amenities , general product descriptions , reviews and ratings , etc. ) .

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: This Amendment shall become binding when any one or more counterparts of it, individually or taken together, shall bear the signatures of each of the parties hereto. This Amendment may be executed in any number of counterparts, each of which shall be an original as against either party whose signature appears thereon, but all of which taken together shall constitute one and the same instrument. A facsimile or a portable document format (PDF) copy of this Agreement, including the signature pages, will be deemed an original.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The execution, delivery and performance of the Transaction Documents by Company, the issuance of the Note and the consummation by Company of the other transactions contemplated thereby do not and will not (a) conflict with or violate any provision of Company’s or any Subsidiary’s certificate or articles of incorporation, bylaws or other organizational or charter documents, (b) conflict with, or constitute a default (or an event that with notice or lapse of time or both would become a default) under, result in the creation of any Lien upon any of the properties or assets of Company or any Subsidiary, or give to others any rights of termination, amendment, acceleration or cancellation (with or without notice, lapse of time or both) of, any agreement, credit facility, debt or other instrument (evidencing a Company or Subsidiary debt or otherwise) or other understanding to which Company or any Subsidiary is a party or by which any property or asset of Company or any Subsidiary is bound or affected, (c) conflict with or result in a violation of any material law, rule, regulation, order, judgment, injunction, decree or other restriction of any court or governmental authority to which Company or a Subsidiary is subject (including federal and state securities laws and regulations), or by which any property or asset of Company or a Subsidiary is bound or affected, or (d) conflict with or violate the terms of any material agreement by which Company or any Subsidiary is bound or to which any property or asset of Company or any Subsidiary is bound or affected; except in the case of each of clauses (b), (c) and (d), such as could not have or reasonably be expected to result in a Material Adverse Effect.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall be governed by and construed in accordance with the laws of the State of New York without regard to principles of conflicts of laws. Any action brought by either party against the other concerning the transactions contemplated by this Agreement shall be brought only in the state courts of New York or in the federal courts located in the state. The parties to this Agreement hereby irrevocably waive any objection to jurisdiction and venue of any action instituted hereunder and shall not assert any defense based on lack of jurisdiction or venue or based upon forum non conveniens . The Company and Purchaser waive trial by jury. The prevailing party shall be entitled to recover from the other party its reasonable attorney’s fees and costs. In the event that any provision of this Agreement or any other agreement delivered in connection herewith is invalid or unenforceable under any applicable statute or rule of law, then such provision shall be deemed inoperative to the extent that it may conflict therewith and shall be deemed modified to conform with such statute or rule of law. Any such provision which may prove invalid or unenforceable under any law shall not affect the validity or enforceability of any other provision of any agreement. Each party hereby irrevocably waives personal service of process and consents to process being served in any suit, action or proceeding in connection with this Agreement or any other Transaction Document by mailing a copy thereof via registered or certified mail or overnight delivery (with evidence of delivery) to such party at the address in effect for notices to it under this Agreement and agrees that such service shall constitute good and sufficient service of process and notice thereof. Nothing contained herein shall be deemed to limit in any way any right to serve process in any other manner permitted by law.

assistant: Governing 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 case excerpt and choose the best holding from the options. Case excerpt: if the defendant did not intend to return the vehicle, then a loss calculation based on the market value of the vehicle is warranted. The sentencing court may properly infer such intent if the defendant is indifferent or reckless with respect to the owner’s recovery of the vehicle. “[I]t has long been the case that ‘if one takes another’s property intending to use it recklessly and then abandon it, the obstacles to its safe return are such that the taker possesses the required intent to steal.’ ” United States v. Cruz-Santiago, 12 F.Sd 1, 2 (1st Cir.1993) cert. denied, — U.S. -, 114 S.Ct. 1853, 128 L.Ed.2d 477 (1994) (deciding robbery case and quoting LaFave & Scott, supra, § 8.5, at 360-61); see also State v. Piscattano, 32 Conn.Supp. 649, 352 A.2d 783, 785 (Ct.App.Sess.1976) (<HOLDING>); Brown v. State, 804 S.W.2d 566, 570 Options: A. holding that an arrest to retrieve car keys where ownership of the car was in dispute was not supported by probable cause B. holding that the factfinder may conclude that recovery is not likely when the car is left on street with keys in the car C. holding that the driver of a car who had permission to use the car had standing to challenge its search D. holding that it was objectively reasonable for the police to conclude that the general consent to search the respondents car included consent to search a bag within that car E. holding car lessee specifically contracted with car lessor for liability for any and all loss or damage to rental car thus barring recovery from insurer under exclusion for liability assumed by contract

assistant: The best answer is B. holding that the factfinder may conclude that recovery is not likely when the car is left on street with keys in the car
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 Security Party hereby represents and warrants that, other than the events of default specified in the April 2017 Letter Agreement (the “ Disclosed Events of Default ”), as of the date hereof no Event of Default (as such term is defined in the Loan Agreement, as amended hereby) or event which, with the passage of time, giving of notice or both would become an Event of Default, has occurred.

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

user: Read the following U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 516 U.S. 363116 S.Ct. 870134 L.Ed.2d 1 Sylvester JONESv.ABC-TV et al. No. 95-7186. Supreme Court of the United States Feb. 26, 1996. ON MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS PER CURIAM. 1 Pro se petitioner Sylvester Jones requests leave to proceed in forma pauperis under Rule 39 of this Court. We deny this request pursuant to Rule 39.8. Jones is allowed until March 18, 1996, within which to pay the docketing fee required by Rule 38 and to submit his petition in compliance with this Court's Rule 33.1. We also direct the Clerk not to accept any further petitions for certiorari from Jones in noncriminal matters unless he pays the docketing fee required by Rule 38 and submits his petition in compliance with Rule 33.1. 2 Jones has abused this Court's certiorari process. In October 1992 we first invoked Rule 39.8 to deny Jones in forma pauperis status in two petitions for certiorari. See Jones v. Wright, 506 U.S. 810, 113 S.Ct. 48, 121 L.Ed.2d 16; In re Jones, 506 U.S. 810, 113 S.Ct. 45, 121 L.Ed.2d 16. At that time, Jones had filed over 25 petitions in this Court, all of which were patently frivolous and had been denied without recorded dissent. And since October 1992, we have invoked Rule 39.8 five times to deny Jones in forma pauperis status. See Jones v. Schulze, 513 U.S. ----, 115 S.Ct. 52, 130 L.Ed.2d 11 (1994); In re Jones, 510 U.S. ----, 114 S.Ct. 437, 126 L.Ed.2d 371 (1993); Jones v. Jackson, 510 U.S. ----, 114 S.Ct. 55, 126 L.Ed.2d 24 (1993); Jones v. Suter, 508 U.S. 949, 113 S.Ct. 2439, 124 L.Ed.2d 657 (1993); Jones v. Jackson, 506 U.S. 1047, 113 S.Ct. 962, 122 L.Ed.2d 119 (1993). Currently, Jones has at least two more petitions for certiorari pending. 3 We enter the order barring prospective filings for the reasons discussed in Martin v. District of Columbia Court of Appeals, 506 U.S. 1, 113 S.Ct. 397, 121 L.Ed.2d 305 (1992). Jones' abuse of the writ of certiorari has been in noncriminal cases and so we limit our sanction accordingly. The order will not prevent Jones from petitioning to challenge criminal sanctions which might be imposed against him. The order will, however, allo w this Court to devote its limited resources to the claims of petitioners who have not abused our certiorari process. 4 Justice BREYER took no part in the consideration or decision of this motion. 5 It is so ordered. 6 Justice STEVENS, dissenting. 7 For the reasons I have previously expressed, I respectfully dissent. See Attwood v. Singletary, 516 U.S. ----, ----, 116 S.Ct. 769, 770, --- L.Ed.2d ---- (1996) (STEVENS, J., dissenting); Martin v. District of Columbia Court of Appeals, 506 U.S. 1, 4, 113 S.Ct. 397, 398, 121 L.Ed.2d 305 (1992) (STEVENS, J., dissenting); Zatko v. California, 502 U.S. 16, 18, 112 S.Ct. 355, 356-57, 116 L.Ed.2d 293 (1991) (STEVENS, J., dissenting).

assistant: 2
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 380 U.S. 258 85 S.Ct. 951 13 L.Ed.2d 959 RESERVE LIFE INSURANCE COMPANYv.Stanley J. BOWERS, Tax Commissioner of Ohio. No. 96. Supreme Court of the United States March 15, 1965 Harris K. Weston, Cincinnati, Ohio, for appellant. Edgar L. Lindley, Asst. Atty. Gen., Columbus, Ohio, for appellee. PER CURIAM. 1 The judgment is reversed and the case is remanded to the Court of Appeals, First Appellate District, Ohio. Wheeling Steel Corp. v. Glander, 337 U.S. 562, 69 S.Ct. 1291, 93 L.Ed. 1544. 2 Mr. Justice BLACK dissents. 3 Mr. Justice STEWART took no part in the decision of this case.

assistant: 8
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: Appeals held, "Viewing the evidence'-in the light most favorable to the State, the evidence shows that L_M_was compelled to participate in incestuous intercourse with appellant through the use of force, threats and undue influence. Thus, L_M_is -not an accomplice Id. Under previous cases interpreting the standard adopted in Mercer and followed in Botin, it is doubtful that evidence of threats alone would have been sufficient to overcome the Bolin presumption that the victim, in Brown was an accomplice. See Trejo v. State, 135 Tex.Crim. 39, 117 S.W.2d 115, 115 (Tex. Crim. App. 1938]) (Court of Criminal Appeals held "[w]e are unable to reach the conclusion that the witness was not an accomplice” despite testimony by complaining witness that her father “had sexual int 2d 1038, 1039 (1934) (<HOLDING>). Accordingly, by ruling that the defendant's Options: A. holding that indirect use of force constituted robbery when defendant tried to push a jewelry case lid open while the victim tried to hold it shut B. holding that consent was freely and voluntarily given despite officers advisement that the police could get a search warrant if consent was not given C. holding that complaining witness was an accomplice as a matter of law despite her testimony that i didnt consent to it when i had intercourse with my father i tried to get away but i couldnt do it i tried to get loose from him i tried to get up and hit him but that didnt do no good he was so much stouter than i was was insufficient to establish that she was not an accomplice D. holding that complaining witnesss passive submission to her fathers act of carnal intercourse with her without her consent and that she failed to outcry or resist because she was frightened were insufficient to show she was not an accomplice E. holding evidence insufficient when record contained expert testimony but no real evidence that proposed patient ever tried to hurt herself or others or that her condition was deteriorating to point where she might do so

assistant: The best answer is C. holding that complaining witness was an accomplice as a matter of law despite her testimony that i didnt consent to it when i had intercourse with my father i tried to get away but i couldnt do it i tried to get loose from him i tried to get up and hit him but that didnt do no good he was so much stouter than i was was insufficient to establish that she was not an accomplice
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Neither the execution, delivery or performance of this Agreement nor the consummation of the transactions contemplated hereby by the Company will conflict with the (i) certificate of incorporation or by-laws of the Company, (ii) any federal, state, local or foreign order, writ, injunction, judgment, settlement, award, decree, statute, law, rule or regulation applicable to the Company or its subsidiaries or injunction of any court, regulatory body, administrative agency, governmental body, arbitrator or other authority having jurisdiction over the Company or any of its subsidiaries or (iii) result in any breach of, or constitute a default under any contract, agreement or instrument to which the Company is a party or by which it or any of its assets is bound, except in the case of clauses (ii) and (iii) for such conflict, breach, violation or default that would not reasonably be expected to have, individually or in the aggregate, a material adverse effect on the condition (financial or otherwise), results of operations, business, properties, management, consolidated financial position, stockholders’ equity or prospects of the Company and its subsidiaries taken as a whole or the ability of the Company to consummate the transactions contemplated by this Agreement on a timely basis (a “ Material Adverse Effect ”).

assistant: No Conflicts
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 First Closing and any applicable Subsequent Closings are each referred to in this Agreement as a “ Closing .” The First Closing Date and any Subsequent Closing Dates are sometimes referred to herein as a “ Closing Date .” All Closings shall occur within the time periods set forth in the Private Placement Memorandum remotely via the exchange of documents and signatures.

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: omitted). Altoona Reg’l Health Sys. v. Schutt, 100 A.3d 260, 265 (Pa.Super. 2014) (some internal citations and quotation omitted). I. Defamation We first examine Rubin’s defamation claim. The relevant burdens in a defamation action depend on the status of the plaintiff, the subject matter of the communication, and the nature of the defendant. See generally Am. Future Sys., Inc. v. Better Bus. Bur. of Eastern Pa., 592 Pa. 66, 923 A.2d 389 (2007); Lewis v. Phila. Newspapers, Inc., 833 A.2d 185 (Pa.Super. 2003). Because the subject matter of the report is a matter' of public concern and CBS is a media defendant, Rubin has the burden of proving both the falsity of the report as well as fault. Phila. Newspapers, Inc. v. Hepps, 475 U.S. 767, 776, 106 S.Ct. 1558, 89 L.Ed.2d 783 (1986) (<HOLDING>); see also Lewis, 833 A.2d at 191. Rubin must Options: A. holding that the absence of a motivating desire to address a matter of public concern was not dispositive as to whether the speech addressed a matter of public concern B. holding that if the speech in question does not address a matter of public concern there is no first amendment violation C. holding that in a case where a private figure brings a defamation claim based on a matter of public concern the common laws rule on falsitythat the defendant must bear the burden of proving truth must fall to a constitutional requirement that the plaintiff bear the burden of showing falsity emphasis added D. holding commonlaw presumption that defamatory speech is false cannot stand when plaintiff sues media defendant for speech of public concern E. holding that in a defamation case against a media defendant for speech of public concern there is a constitutional requirement that the plaintiff bear the burden of showing falsity as well as fault before recovering damages

assistant: The best answer is E. holding that in a defamation case against a media defendant for speech of public concern there is a constitutional requirement that the plaintiff bear the burden of showing falsity as well as fault before recovering damages
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: Subject to the terms and conditions set forth herein, each Borrower may request the issuance of Letters of Credit denominated in Agreed Currencies for its own account or the account of any of its Subsidiaries, in a form reasonably acceptable to the Administrative Agent and the relevant Issuing Lender, at any time and from time to time during the Availability Period; provided that any initial issuance of a Letter of Credit to a Foreign Borrower shall at all times be provided by an Issuing Lender that is a Dutch Non-Public Lender. In the event of any inconsistency between the terms and conditions of this Agreement and the terms and conditions of any form of letter of credit application or other agreement submitted by any Borrower to, or entered into by any Borrower with, any Issuing Lender relating to any Letter of Credit, the terms and conditions of this Agreement shall control. Notwithstanding anything herein to the contrary, no Issuing Lender shall have any obligation hereunder to issue, and shall not issue, any Letter of Credit the proceeds of which would be made available to any Person (i) to fund any activity or business of or with any Sanctioned Person, or in any Sanctioned Country or (ii) in any manner that would result in a violation of any Sanctions by any party to this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Consultant agrees to perform, during and after the Term, all acts deemed necessary or desirable by GEE to permit and assist it, at Consultant’s rate as listed in the Work Statement, in evidencing, perfecting, obtaining, maintaining, defending and enforcing Rights and/or Consultant’s assignments herein. Such acts may include, but are not limited to, execution of documents and assistance or cooperation in legal proceedings. Consultant hereby irrevocably designates and appoints GEE and its duly authorized officers and agents, as Consultant’s agents and attorneys-in-fact, with full power of substitution, to act for and in behalf and instead of Consultant, to execute and file any documents and to do all other lawfully permitted acts to further the above purposes with the same legal force and effect as if executed by Consultant.

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

user: A Upon receipt by the Recipient of a written demand from the Disclosers: 8.1.1 the Recipient must return or procure the return to the Disclosers or, as the Disclosers may require, destroy or procure the destruction of any and all materials containing the Confidential Information together with all copies; 8.1.3 the Recipient must delete or procure the deletion of all electronic copies of Confidential Information; and 8.1.4 the Recipient must make, and procure that the Authorised Persons shall make, no further Use of the Confidential Information.

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: that their attorney acted negligently in failing to timely submit a notice of appeal following the immigration judge’s adverse ruling on March 14, 2001 and in failing to inform them that the BIA had dismissed their appeal on May 1, 2002. The petitioners admit that they learned of the dismissal of their ap peal in February 2004. They did not, however, file their motion to reopen until July 2006, more than two years later. The petitioners introduced nothing to the BIA to show that they exercised the requisite “due diligence” in addressing the alleged ineffective assistance of counsel, and the BIA’s determination not to equitably toll the deadline for this significant period of delay is consistent with our prior rulings. See Zheng Zhong Chen v. Gonzales, 437 F.3d 267, 270 (2d Cir.2006) (<HOLDING>); Iavorski v. INS, 232 F.3d 124, 129-134 (2d Options: A. holding that bia abused its discretion in denying motion to reopen B. holding that bia did not abuse its discretion by declining to consider an unauthenticated document submitted with a motion to reopen to show changed country conditions C. holding that the bia did not abuse its discretion in declining to equitably toll the deadline for a motion to reopen where the petitioner waited 20 months to raise his claim of ineffective assistance of counsel D. holding that the petitioners failure to raise his ineffective assistance of counsel claim before the bia deprived the district court of jurisdiction to hear the issue E. holding that petitioner did not procedurally default his ineffective assistance of counsel claim by failing to raise it on direct appeal

assistant: The best answer is C. holding that the bia did not abuse its discretion in declining to equitably toll the deadline for a motion to reopen where the petitioner waited 20 months to raise his claim of ineffective assistance of counsel
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company will, and will cause each of its Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, qualifications, licenses, permits, privileges, franchises, governmental authorizations and intellectual property rights material to the conduct of its business, and maintain all requisite authority to conduct its business in each jurisdiction in which its business is conducted; provided that the foregoing shall not prohibit any merger, amalgamation, consolidation, liquidation or dissolution permitted under Section 6.03. The Company will, and will cause each Subsidiary incorporated in a European Union jurisdiction to, cause its centre of main interest (as that term is used in Article 3(1) of the Insolvency Regulation) to be situated solely in its jurisdiction of incorporation and shall have an establishment (as that term is used in Article 2(h) of the Insolvency Regulation) situated solely in its jurisdiction of incorporation.

assistant: Existence
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 Agent shall have received balance sheets with respect to each Property and each Guarantor for the most recent Fiscal Year and calendar quarter and statements of income and statements of cash flows with respect to each Property and each Guarantor for the most recent Fiscal Year and calendar quarter, each in form and substance satisfactory to the 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 Borrower and/or its Subsidiaries have disclosed to the Administrative Agent and the Lenders all agreements, instruments and corporate or other restrictions to which any Credit Party and any Subsidiary thereof are subject, and all other matters known to them, that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse Effect. No financial statement, material report, material certificate or other material information furnished in writing by or on behalf of any Credit Party or any Subsidiary thereof to the Administrative Agent or any Lender in connection with the transactions contemplated hereby and the negotiation of this Agreement or delivered hereunder (as modified or supplemented by other information so furnished), taken together as a whole and together with the Borrower’s filings with the SEC, contains any untrue statement of a material fact or omits to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading; provided that, with respect to projected financial information, pro forma financial information, estimated financial information and other projected or estimated information, such information was prepared in good faith based upon assumptions believed to be reasonable at the time (it being recognized by the Lenders that projections are not to be viewed as facts and that the actual results during the period or periods covered by such projections may vary from such projections); provided further that with respect to information relating to the Borrower’s industry generally and trade data which relates to a Person that is not the Borrower or a Subsidiary thereof, the Borrower represents and warrants only that such information is believed by it in good faith to be accurate in all material respects.

assistant: Disclosures
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: an attorney in South Carolina who represents an insured owes the insured a duty of loyalty and cannot, for example, communicate information detrimental to the insured to the insurance company. See Rule 1.8(b), Rule 407, SCACR; Rule 1.6, Rule 407, SCACR (general confidentiality rule). As Rule 7 of the South Carolina Rules for Lawyer Disciplinary Enforcement explains, a violation of these rules could lead to sanctions such as suspension, public reprimand, or disbarment. Rule 413, SCACR. These possibilities, coupled with the threat of bad faith actions or malpractice actions if a lawyer violates these rules, provide strong external incentives for attorneys to comply with their ethical obligations. Cf. Smith v. Haynsworth, Marion, McKay & Geurard, 322 S.C. 433, 472 S.E.2d 612, 614 (1996) (<HOLDING>). Of course, an insured must consent to the Options: A. holding that violation of city ordinance does not constitute negligence per se B. holding that violation of state law was not a per se constitutional violation C. holding that although violation of rules of professional conduct does not constitute negligence per se such violations may be relevant and admissible in assessing the legal duty of an attorney in a malpractice action and whether that duty was breached D. holding breach of fiduciary duty claim is essentially a negligence or professional malpractice claim E. holding violation of the rules of professional conduct does not create a legal duty on the part of the lawyer nor constitute negligence per se although it may be used as some evidence of negligence

assistant: The best answer is C. holding that although violation of rules of professional conduct does not constitute negligence per se such violations may be relevant and admissible in assessing the legal duty of an attorney in a malpractice action and whether that duty was breached
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: define it as: a distribution alternative (including the normal form of benefit) that is available under the plan with respect to an accrued benefit or a distribution alternative with respect to a retirement-type benefit. 26 C.F.R. § 1.411(d) — 3(g)(6)(ii). Although that isn’t a particularly clear definition, parsing the language gives some clarity to the regulation’s meaning. The “distribution alternative” the regulation refers to means a beneficiary’s right to choose how his pension payments will be made. See Call, 475 F.3d at 821. So, for example, a beneficiary can opt for a lump-sum payment instead of a fixed annuity when he retires. Wetzler v. Illinois CPA Soc. & Foundation Ret. Income Plan, 586 F.3d 1053, 1059 (7th Cir.20 F Industries, Inc., 847 F.2d 329, 333 (6th Cir.1988) (<HOLDING>). Indeed, a distribution of that form could Options: A. holding that law enforcement commission was a benefit of employment B. holding that a plantshutdown benefit is not an optional form of benefit C. holding that there is a difference between a debtor attempting to pursue an action for his own benefit and a trustee pursuing an action for the benefit of the creditors D. holding that an eic was neither a social security benefit nor a local public assistance benefit E. holding that the claims to a statutory benefit had not yet vested when the legislature eliminated the benefit

assistant: The best answer is B. holding that a plantshutdown benefit is not an optional form of benefit
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 the Parties shall cause to be performed, and hereby guarantees the performance of, all actions, agreements and obligations set forth herein to be performed by any Subsidiary of such Party or by any entity that becomes a Subsidiary of such Party at and after the Plan Effective Time, to the extent such Subsidiary remains a Subsidiary of the applicable Party.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Executive agrees to make himself available to the Company and its officers, if necessary, for consultation on a reasonable basis from time to time as to any matters on which Executive worked while an employee of the Company. The Company acknowledges that Executive may have other full-time employment and the Company agrees that it will use its reasonable efforts to minimize the amount of time that any such consultation shall require of Executive. Executive further agrees not to testify for, appear on behalf of, or otherwise assist in any way any individual, company, or agency in any claim against the Company by private third parties, unless and only pursuant to a lawful subpoena issued to Executive. Except as provided in Section 12, Executive also agrees to promptly notify the Company upon receipt of any notice or contact (including whether written or oral, and including any subpoena or deposition notice) requesting or compelling information or Executive’s testimony or requesting documents related to matters which Executive worked on while an employee of the Company, and Executive agrees to coordinate with the Company in any response thereto.

assistant: Cooperation
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 provisions of this Agreement shall be deemed severable and the invalidity or unenforceability of any provision hereof shall not affect the validity or enforceability of the other provisions hereof. If any provision of this Agreement, or the application thereof to any Person or any circumstance, is invalid or unenforceable, (a) a suitable and equitable provision shall be substituted therefor in order to carry out, so far as may be valid and enforceable, the intent and purpose of such invalid or unenforceable provision and (b) the remainder of this Agreement and the application of such provision to other Persons or circumstances shall not be affected by such invalidity or unenforceability, nor shall such invalidity or unenforceability affect the validity or enforceability of such provision, or the application thereof, in any other jurisdiction.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Set forth on Schedule 6.17 is a complete and accurate list, as of the Closing Date, of each of the Borrower’s Subsidiaries and of the Acquired Entities that will become Subsidiaries of the Borrower, together with its jurisdiction of organization and the Borrower’s direct or indirect percentage ownership therein.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: for which personal loyalty and confidence are necessary, or impedes the performance of the speaker’s duties or interferes with the regular operation of the enterprise.” Id. We have long recognized “the importance of deference” to law enforcement officials when speech threatens to undermine the functions of organizations charged with maintaining public safety. See, e.g., Brown v. City of Trenton, 867 F.2d 318, 322 (6th Cir. 1989); Cherry v. Picked, 188 Fed.Appx. 465, 469-70 (6th Cir. 2006) (“[I]n the context of police departments, we have emphasized that the court should show ‘deference to the city’s judgment on the matter of discouraging public dissension within its safety forces.’ ” (citation omitted)); cf. Kelley v. Johnson, 425 U.S. 238, 247-48, 96 S.Ct. 1440, 47 L.Ed.2d 708 (1976) (<HOLDING>). Thus, although it is not “the rule of this Options: A. holding that even if the plaintiff had asserted a cause of action under the virginia wrongful death act against the city police officers the police officers would be entitled to sovereign immunity B. holding that police officers sued in their official capacity are not liable for a violation of a privacy interest where the police department did not have a policy of deliberately failing to train its officers with respect to the confidentiality of records C. holding that policies regulating the uniforms and conduct of police officers are entitled to great deference and should not be set aside unless individual officers can demonstrate that there is no rational connection between the regulation based as it is on the countys method of organizing its police force and the promotion of safety of persons and property D. holding that police officers have a duty to conduct an investigation into the basis of the witness report E. holding pleading was sufficient to defeat a motion to dismiss based on allegations that two police officers were under the control and supervision of the county when they maliciously and intentionally allowed and encouraged the police dog to attack and bite cox in clear and substantial excess of the force needed to restrain and detain him and that the two officers subsequently beat and further injured cox without justification

assistant: The best answer is C. holding that policies regulating the uniforms and conduct of police officers are entitled to great deference and should not be set aside unless individual officers can demonstrate that there is no rational connection between the regulation based as it is on the countys method of organizing its police force and the promotion of safety of persons and property
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: in fact or law, is also unavailing. The uncontraverted testimony of Landon establishes that he requested return of the vehicle to both Watkins and Cash at the first meeting of creditors. Transcript at 35. He subsequently repeated this request to Watkins on several occasions. Id. Hence, the testimony of Landon does not support Cash Cars’ assertion that only a single demand for return of the Automobile —on May 5, 1988 — was made. In any event, a creditor that has repossessed collateral without knowledge of a bankruptcy petition has an affirmative duty to restore the status quo, which in this case would entail return of the Automobile, without the debtor having to seek relief from the bankruptcy court. See, Miller, 10 B.R. at 780, aff'd. 22 B.R. at 481 (D.Md.1982); En-dres, 12 B.R. at 406 (<HOLDING>); Wariner, 16 B.R. at 218 (“creditor has an Options: A. holding emotional distress damages for a willful violation of the automatic stay were recoverable against the social security administration B. holding knowledge of the bankruptcy petition and action taken thereafter was sufficient to find a willful violation of the stay C. holding that refusal to return the property upon learning of the proceeding is a willful violation of the stay provisions and may be contemptible D. holding secured creditors refusal to turn over property of debtors estate to debtor upon demand constituted an exercise of control over such property in violation of automatic stay E. holding refusal to turn over property seized prepetition constituted violation of stay once notice of the stay had been given

assistant: The best answer is C. holding that refusal to return the property upon learning of the proceeding is a willful violation of the stay provisions and may be contemptible
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: note that blizzard entertainment considers all valid play styles in world of warcraft to be part of the game , and not harassment , so player-killing the enemies of your race and/or alliance , including gravestone and/or corpse camping , is considered a part of the game .

assistant: None