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: process’ ”); id. ¶ 85 (“Defendants had explained ... differences [in market timing models] to the regulators.”). Got-tex asserts that these communications constituted inquiry, and, furthermore, that “Defendants’ counsel’s assurances and statements regarding the investigation and whether Defendant[s’] trading practices had been within mutual fund parameters,” constituted “reliable words of comfort” suf- 332 580 FEDERAL SUPPLEMENT, 2d SERIES fícient to dissipate any duty to inquire. Pl.’s Mem. in Opp.- at 12-14 (citing LC Capital Partners, 318 F.3d at 155). [13]“[RJeassuring statements will prevent the emergence of a duty to inquire or dissipate such a duty only if an investor of ordinary intelligence would reasonably rely on the stat ., 833 F.Supp. 362, 376 n. 12 (S.D.N.Y.1993) (<HOLDING>). Given the volume and nature of the Options: A. holding that discretionary immunity does not apply where plaintiff alleged facts that if true constituted a breach of states duty of reasonable care B. holding that statements in proof of loss are not conclusive claimant could explain statements C. holding that reassuring statements did not relieve plaintiff of duty to undertake reasonable inquiry D. holding rule 16 does not apply to oral statements other than statements of the defendant E. holding that the key inquiry with respect to the admission of inculpatory statements as impeachment is the issue of voluntariness

assistant: The best answer is C. holding that reassuring statements did not relieve plaintiff of duty to undertake reasonable inquiry
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: a constitutional deprivation. At best, her complaint asserts that she was removed from an uncompensated work assignment. Grievances of this nature are simply not actionable under the Constitution. See, e.g., Schoppa Family, 2002 WL 31730375, at *4-*5 (finding a publieally employed physician did not have a property interest in uncompensated title or laboratory privileges); Kinsey v. Salado Indep. Sch. Dist., 950 F.2d 988, 997 (5th Cir.1992) (en banc) (public employee did not have “a constitutionally protected property interest in the non-economic benefit of serving as superintendent”); Daly, 675 F.2d at 726-27 (stating publicly employed physician did not suffer deprivation of property interest when clinical privileges revoked); Raju v. Rhodes, 809 F.Supp. 1229, 1238-39 (S.D.Miss.1992) (<HOLDING>). Even assuming arguendo that Dr. Ash-faq plead Options: A. holding a physician plaintiff did not have a property interest in his clinical access privileges B. holding that state medical director of prison medical services corporation was not final policymaker C. holding physician employed by public medical school and removed as director of transplant program was not deprived of property interest when his salary was not decreased D. holding that the medical director of the episode care clinic was primarily engaged in administrative duties and was not performing the duties of an attending physician and was therefore entitled to immunity E. holding that a school district was not required to make dramatic changes to its program in order for a child to attend his neighborhood school

assistant: The best answer is C. holding physician employed by public medical school and removed as director of transplant program was not deprived of property interest when his salary was not decreased
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: In his capacity as an Executive Vice President – Electronic Banking Manager of the Company, the Employee shall have such responsibilities and shall render such services as shall be assigned to him from time to time by the Chief Executive Officer of the Company, which shall be consistent with the responsibilities of similarly situated executives of comparable companies in similar lines of business. The Employee’s duties may, from time to time, be changed or modified at the discretion of the Chief Executive Officer.

assistant: Duties
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: After the Effective Date, Mr. Fitzgerald shall remain eligible for coverage as a director and/or officer of the Company under all D&O insurance policies maintained by the Company as of the Effective Date, subject, however, to the terms, conditions, exclusions and limitations of such policies.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Subordination Agreement may be executed in several counterparts, and by each party hereto on separate counterparts, each of which and any photocopies, facsimile copies and other electronic methods of transmission thereof shall be deemed an original, but all of which together shall constitute one and the same agreement..

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 case excerpt and choose the best holding from the options. Case excerpt: government’s treatment of his family as well as its alleged treatment of other political opponents. We conclude that substantial evidence supports the BIA’s decision. While Wanyama’s brother was fired from his government-associated position in 2004, even assuming that he was fired in retaliation for Wanyama’s article, his firing would not rise to the level of persecution. See Lopez-Amador v. Holder, 649 F.3d 880, 884 (8th Cir.2011) (“ ‘Persecution is an extreme concept’ that ‘does not include low-level intimidation and harassment.’ ” (quoting Zakirov v. Ashcroft, 384 F.3d 541, 546 (8th Cir.2004))). Similarly, the “suspicious remarks” the member of parliament made to Wanyama’s mother fail to rise to the level of persecution. See Quomsieh v. Gonzales, 479 F.3d 602, 606 (8th Cir.2007) (<HOLDING>). Wanyama concedes that no family member has Options: A. holding that to constitute persecution harm must be more than harassment B. holding that to constitute persecution the harm must rise above mere harassment C. holding that isolated physical violence and unfulfilled threats perpetrated by serbian citizens against an ethnic albanian in kosovo constituted harassment not persecution D. holding that incidents of harassment and unfulfilled threats of injury are not persecution absent physical harm E. holding that harassment threats and one beating did not constitute persecution

assistant: The best answer is D. holding that incidents of harassment and unfulfilled threats of injury are not persecution absent physical harm
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 GRANTOR AND, BY ACCEPTANCE OF THE BENEFITS HEREOF, EACH OF THE ADMINISTRATIVE AGENT, THE COLLATERAL AGENT AND EACH OTHER SECURED PARTY, HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS AGREEMENT OR ANY OTHER LOAN DOCUMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY AND FOR ANY COUNTERCLAIM THEREIN.

assistant: Waiver Of Jury Trials
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 Phillips from the case on other grounds. The Ewings allege no personal involvement by Phillips in the relevant events, and there is no respondeat superi- or liability under § 1983. See Jones v. Williams, 297 F.3d 930, 934 (9th Cir.2002) (“In order for a person acting under color of state law to be liable under section 1983 there must be a showing of personal participation in the alleged rights deprivation: there is no respondeat superior liability under section 1983.”). The Ewings fare no better proceeding against Phillips in his “official capacity.” Setting aside the issue of whether official capacity claims against a district attorney are subject to dismissal under the Eleventh Amendment, see Pitts v. County of Kern, 17 Cal.4th 340, 70 Cal.Rptr.2d 823, 949 P.2d 920, 930-31 (1998) (<HOLDING>), and assuming arguendo that appellants could Options: A. holding that california district attorneys act as agents of the state when they prosecute cases and establish policy and train employees in this area B. holding that california courts assertion of personal jurisdiction over floridabased reporters did not violate due process when allegedly defamatory article that was the basis of the suit focused on the california activities of california residents C. holding that the ninth circuit is bound by the california supreme courts interpretation of california law D. holding that personal jurisdiction in california was appropriate over nonresident journalist where harmful effects of allegedly defamatory article would be exclusively felt in california and california was the state of newspapers greatest circulation E. recognizing a hypothetical situation where california law left a party free to sue on a claim in maryland even after the claim was precluded in california because the california statute of limitations had expired

assistant: The best answer is A. holding that california district attorneys act as agents of the state when they prosecute cases and establish policy and train employees in this area
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: 903 n. 6 (8th Cir.1975), cert. denied, 424 U.S. 911, 96 S.Ct. 1106, 47 L.Ed.2d 314 (1976); Henderson v. United States, 425 F.2d 134, 138 n. 4 (5th Cir.1970), we have no occasion to engage the rule of lenity. 7 . Appellant’s claim that his self-professed indi-gency affects the validity of the special assessment is not properly before us and we express no opinion on it. Absent an indication "that the government has attempted or will attempt to collect the special assessment while [the defendant] lacks the ability to pay,” United States v. Rivera-Velez, 839 F.2d 8, 8 (1st Cir.1988) (per curiam) — and there is no such indication in this record — appellant's challenge is prematurely posed. See id.; accord Pagan, 785 F.2d at 381; cf. United States v. Levy, 897 F.2d 596, 598 (1st Cir.1990) Options: A. holding to like effect with respect to a standcommitted fine B. holding to the same effect C. holding to like effect regarding laboratory equipment for the production of methamphetamine D. holding to that effect with respect to rule 64 E. holding the same with respect to an apartment

assistant: The best answer is A. holding to like effect with respect to a standcommitted fine
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Any written notices provided for in this Award Agreement which are sent by mail shall be deemed received three business days after mailing, but not later than the date of actual receipt. Notices shall be directed, if to Awardee, at the Awardee’s address indicated by the Company’s records and, if to the Company, at the Company’s principal executive office.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Parties acknowledge and agree that a breach of the provisions of this Agreement could not adequately be compensated by money damages, and therefore any Party shall be entitled, in addition to any other right or remedy available to it, to an injunction restraining such breach or threatened breach and to specific performance of any such provision of this Agreement, and no bond or other security shall be required in connection therewith, and the Parties hereby consent to the issuance of such an injunction and to the ordering of specific performance.

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: in both “basic considerations of fairness” and “concern for the First Amendment rights at stake,” 475 U.S. at 306, 106 S.Ct. at 1076, indicating that its disclosure requirements were not exclusively the product of First Amendment concerns. It is, of course, conceivable in the abstract that the content of the duty of fair representation under the NLRA might not coincide with that of the “basic considerations of fairness” discussed in Hudson. But we are persuaded that nonmembers cannot make a rehable decision as to whether to contest their agency fees without trustworthy information about the basis of the union’s fee calculations, cf. Hudson, 475 U.S. at 306, 106 S.Ct. at 1075-76, and that an independent audit is the minimal guarantee of trustworthiness. See Miller, 108 F.3d at 1420 (<HOLDING>); Abrams, 59 F.3d at 1379 n. 7 (same). Options: A. holding that procedural bar rule does not apply to ineffectiveness claims B. holding that governments asserted interest in protecting the privacy of arrestees is substantial under central hudson C. holding that inmates fourth amendment protection from unreasonable strip searches survives hudson D. holding that even after hudson the prisoners privacy interest in the integrity of his own person is still preserved under bell E. holding that similar procedural obligations apply under nlra and hudson

assistant: The best answer is E. holding that similar procedural obligations apply under nlra and hudson
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 Grantor shall execute and deliver to the Administrative Agent and/or file such agreements, assignments or instruments (including affidavits, notices, reaffirmations and amendments and restatements of existing documents, as the Administrative Agent may reasonably request) and do all such other things as the Administrative Agent may reasonably deem necessary or appropriate (i) to assure to the Administrative Agent its security interests hereunder, including (A) such instruments as the Administrative Agent may from time to time reasonably request in order to perfect and maintain the security interests granted hereunder in accordance with the UCC, including, without limitation, financing statements (including continuation statements), (B) with regard to Copyrights, a Notice of Grant of Security Interest in Copyrights substantially in the form of Exhibit B or other form acceptable to the Administrative Agent, (C) with regard to Patents, a Notice of Grant of Security Interest in Patents for filing with the USPTO substantially in the form of Exhibit C or other form acceptable to the Administrative Agent and (D) with regard to Trademarks, a Notice of Grant of Security Interest in Trademarks for filing with the USPTO substantially in the form of Exhibit D or other form acceptable to the Administrative Agent, (ii) to consummate the transactions contemplated hereby and (iii) to otherwise protect and assure the Administrative Agent of its rights and interests hereunder. Furthermore, each Grantor also hereby irrevocably makes, constitutes and appoints the Administrative Agent, its nominee or any other person whom the Administrative Agent may designate, as such Grantor’s attorney in fact with full power and for the limited purpose to prepare and file (and, to the extent applicable, sign) in the name of such Grantor any financing statements, or amendments and supplements to financing statements, renewal financing statements, notices or any similar documents which in the Administrative Agent’s reasonable discretion would be necessary or appropriate in order to perfect and maintain perfection of the security interests granted hereunder, such power, being coupled with an interest, being and remaining irrevocable until the Facility Termination Date. Each Grantor hereby agrees that a carbon, photographic or other reproduction of this Agreement or any such financing statement is sufficient for filing as a financing statement by the Administrative Agent without notice thereof to such Grantor wherever the Administrative Agent may in its sole discretion desire to file the same.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: evidence that the BLM’s Washington, D.C. office played any substantial or personal involvement in the decision to create the RMPs at issue. Thus, the court concludes that the acts taken by officials in the BLM’s Washington, D.C. office do not create a factual nexus between this controversy and the District of Columbia. In the alternative, the plaintiffs argue that this controversy implicates “nationally important” questions of environmental law, thus concluding that this suit deserves to be heard in the nation’s capital. Pis.’ Opp’n at 14-15. Certain cases may touch upon matters of national importance that are somehow extrinsic to the environmental quality of the land or property at issue. E.g., Otay Mesa Property L.P. v. U.S. Dep’t of Interior, 584 F.Supp.2d 122, 126-27 (D.D.C.2008) (<HOLDING>); Wilderness Soc’y v. Babbitt, 104 F.Supp.2d Options: A. recognizing records material to selfdefense claim outweigh victims interest in confidentiality B. holding that the governments interest in the welfare of children embraces not only protecting children from physical abuse but also protecting childrens interest in the privacy and dignity of their homes and in the lawfully exercised authority of their parents C. recognizing minnesotas interest in protecting the interests of the child D. holding that the national interest in protecting endangered species may outweigh the negligible effect the issue would have on local residents E. recognizing that a state has a legitimate interest in all insurance policies protecting its residents against risks an interest which the state can protect even though the state action may have repercussions beyond state lines

assistant: The best answer is D. holding that the national interest in protecting endangered species may outweigh the negligible effect the issue would have on local residents
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 fresh start); Bodily v. Morris (In re Morris), 193 B.R. 949, 952-53 (Bankr.S.D.Cal.1996) (recognizing that benefits of a "fresh start" to debtor are not always immediately obvious, holding that time of trial provides more accurate analysis of parties' circumstances); Becker v. Becker (In re Becker), 185 B.R. 567, 570 (Bankr.W.D.Mo.1995) (stating that the relevant time of inquiry is “the time of the bankruptcy,” but looking at economic changes post petition); but see Taylor v. Taylor (In re Taylor), 191 B.R. 760, 765 (Bankr.N.D.Ill.1996) (noting split of authority); Carroll v. Carroll (In re Carroll), 187 B.R. 197, 200 (Bankr.S.D.Ohio 1995) (stating that the relevant time of inquiry is the filing of bankruptcy); Hill v. Hill (In re Hill), 184 B.R. 750, 754 (Bankr.N.D.Ill.1995) (<HOLDING>). 13 . The Dressier plaintiff had already paid Options: A. holding that the date of the federal indictment not the date of the state arrest was the triggering date for the speedytrial act B. holding that the relevant time of inquiry is the date of the filing of the complaint C. holding that the relevant time is the time of the employment decision D. holding that where the violation of the fdcpa was the filing of a lawsuit the statule of limitations begins to run on the date of filing E. holding that the date of death is relevant date of inquiry for the applicability of section 541a5a

assistant: The best answer is B. holding that the relevant time of inquiry is the date of the filing of the complaint
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 person who is or shall have been a member of the Board or the Committee, or an officer or employee of the Company to whom authority was delegated in accordance with the Plan shall be indemnified and held harmless by the Company against and from any loss, cost, liability or expense that may be imposed upon or reasonably incurred by such individual in connection with or resulting from any claim, action, suit, or proceeding to which he or she may be a party or in which he or she may be involved by reason of any action taken or failure to act under the Plan and against and from any and all amounts paid by him or her in settlement thereof, with the Company’s approval, or paid by him or her in satisfaction of any judgment in any such action, suit, or proceeding against him or her, provided he or she shall give the Company an opportunity, at its own expense, to handle and defend the same before he or she undertakes to handle and defend it on his or her own behalf; provided, however, that the foregoing indemnification shall not apply to any loss, cost, liability, or expense that is a result of his or her own willful misconduct. The foregoing right of indemnification shall not be exclusive of any other rights of indemnification to which such persons may be entitled under the Company’s Certificate of Incorporation or Bylaws, conferred in a separate agreement with the Company, as a matter of law, or otherwise, or any power that the Company may have to indemnify them or hold them harmless.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: than 30 days thereafter, he is subject only to the IIRIRA's so-called "transitional rules.” See IIRIRA § 309(c)(1),(4) (as amended) ("transitional rules”). And under the transitional rules, the IIRIRA's permanent new rules do not apply unless a case meets one of the enumerated exceptions set forth in IIRIRA § 309(c)(4). All agree that none of these exceptions applies to this case. Thus, we evaluate Jobe's petition under the "old rules,” such as INA § 241(a)(1)(B), even though they have since been repealed or re-designated. 2 . The OSC also advised Jobe of his entitlement to file a motion to reopen an in absentia deportation order at any time if [the alien] can show that [he] did not receive written notice of [the hearing on the OSC] and [he] had provided [his] address and telephone nu (<HOLDING>). 7 . For purposes of this analysis, we shall Options: A. recognizing that equitable tolling doctrines may toll the time period for filing B. holding that the criminal jurisdiction bar applies to the denials of motions to reopen C. holding that the 120day filing period is subject to equitable tolling and addressing circumstances warranting equitable tolling D. holding that the equitable tolling doctrine applies to the 90day period provided in 8 cfr 323bl2000 for filing motions to reopen based on new facts E. recognizing the validity of the doctrine but holding no equitable tolling on the facts presented

assistant: The best answer is D. holding that the equitable tolling doctrine applies to the 90day period provided in 8 cfr 323bl2000 for filing motions to reopen based on new facts
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: CURIAM. Because the notice of appeal was not timely filed, this appeal is dismissed for lack of jurisdiction. See Griffis v. State, 593 So.2d 308 (Fla. 1st DCA 1992)(<HOLDING>). WOLF, C.J., ERVIN and LEWIS, JJ., Options: A. holding that there is no authority for a motion for rehearing of an order disposing of a rule 3800 motion to correct illegal sentence and therefore the motion for rehearing did not postpone rendition of the order so as to make the notice of appeal timely B. holding order denying motion for reduction of sentence under rule 3800 is not appealable C. recognizing that an authorized and timely motion for rehearing serves to toll rendition of a final order D. holding that an unauthorized motion for rehearing does not toll defendants time for filing a notice of appeal E. holding that an order denying a motion to correct reduce or modify a sentence under rule 3800 is not appealable

assistant: The best answer is A. holding that there is no authority for a motion for rehearing of an order disposing of a rule 3800 motion to correct illegal sentence and therefore the motion for rehearing did not postpone rendition of the order so as to make the notice of appeal timely
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: but they are not considered binding precedent. See 11th Cir. R. 36-2. As concerns the persuasive authority of Brush, the court observes that the two cases cited by the Brush panel as “creating” the manager rule—McKenzie v. Renberg’s Inc., 94 F.3d 1478 (10th Cir. 1996), and Hagan v. Echostar Satellite, L.L.C., 529 F.3d 617 (5th Cir. 2008)—involved claims under the Fair Labor Standards Act (“FLSA”), not Title VIL Other circuit courts have refused to apply the manager rule to Title VII claims. See DeMasters v. Carilion Clinic, 796 F.3d 409, 421-22 (4th Cir. 2015) (noting that the manager rule has been applied in the context of retaliation claims under the FLSA but concluding that the rule does not apply to Title VII); Johnson v. Univ. of Cincinnati, 215 F.3d 561, 580 (6th Cir. 2000) (<HOLDING>); but see Weeks v. Kansas, 503 Fed.Appx. 640, Options: A. holding that an employee seeking the protection of the opposition clause must demonstrate a good faith reasonable belief that the challenged practice violates title vii B. holding the employees complaints must give adequate notice to the employer that the employee is complaining of conduct prohibited by title vii C. holding individual employees may be liable under title vii D. holding that the only qualification placed upon an employees invocation of protection from retaliation under title viis opposition clause is that the manner of his opposition must be reasonable and noting that there is no qualification on who the individual doing the complaining may be E. holding that there is no individual liability under title vii

assistant: The best answer is D. holding that the only qualification placed upon an employees invocation of protection from retaliation under title viis opposition clause is that the manner of his opposition must be reasonable and noting that there is no qualification on who the individual doing the complaining may be
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 the May 1990 BVA decision. Charging attorney fees for services related to those issues, after having provided representation before this Court, will be discussed in part II, B, infra, of the Court’s opinion. The Court recognizes that the Board, in a June 1995 decision, found (incorrectly) that the appellant had been retained within one year after the Board’s May 1990 decision. In the decision currently on appeal, the Board passed on deciding that question, but did find that the fee agreement had been entered into in July 1991. This Court is not bound by the Board’s 1995 determination if the conclusion at that stage of the fee-eligibility litigation was clearly erroneous. See Christianson v. Colt Indus. Operating Corp., 486 U.S. 800, 816, 108 S.Ct. 2166, 100 L.Ed.2d 811 (1988) (<HOLDING>); see also J.E.T.S, Inc. v. United States, 838 Options: A. recognizing that a lower court cannot change the law of the case as decided by the highest court hearing a case B. holding that a court is not bound by a lower tribunals decision under the law of the case doctrine C. holding that while a decision of the court will not be disturbed because it is law of the case under res judicata the court is not bound by a conclusion stated as obiter dictum D. holding that the court is not bound by the law of the case where an earlier decision of the us armed services board of contract appeals was clearly erroneous E. holding that court is bound by prior panels interpretation of supreme court decision

assistant: The best answer is B. holding that a court is not bound by a lower tribunals decision under the law of the case doctrine
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: No omission or course of dealing on the part of Agent, any Lender or the holder of any Note (or, if there is no Note, the holder of the interest as reflected on the books and records of Agent) in exercising any right, power or remedy hereunder or under any of the Loan Documents shall operate as a waiver thereof; nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy hereunder or under any of the Loan Documents. The remedies herein provided are cumulative and in addition to any other rights, powers or privileges held under any of the Loan Documents or by operation of law, by contract or otherwise.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: to § 164(a), they must first qualify as real property taxes, which are defined in Treas. Reg. § 1.164r-3(b) (as amended in 1964) as “taxes imposed on interests in real property and levied for the general public welfare. ...” Treas. Reg. § 1.164—3(b); Black v. Comm’r, 60 T.C. 108, 113 (U.S.Tax Ct.1973). Thus under Treas. Reg. § 1.164-3(b), deductions pursuant to § 164(a)(1) may only be taken on taxes actually imposed on interests in real property. Furthermore, Treas. Reg. § 1.164-1 (as amended in 1978), which states that generally, “taxes are deductible only by the person upon whom they are imposed,” reinforces the notion that real property taxes must first be imposed before they may be deducted for federal income tax purposes. See Hynes v. Comm’r, 74 T.C. 1266, 1289 (U.S.Tax Ct.1980) (<HOLDING>). In order to determine upon whom local Options: A. holding that 18 percent interest on delinquent real property taxes under florida law is not in nature of penalty B. holding unemployment taxes accrued when employees were terminated not when the amount of compensation taxes are determinable C. holding petitioner could not deduct real estate taxes imposed on property he did not own because these taxes were not imposed on him D. holding that taxes were a claim against the estate that had to be filed in probate court thus reversing an order requiring heirs to pay taxes on estate property because the district court did not have jurisdiction E. holding that permit fees imposed by statute were not taxes

assistant: The best answer is C. holding petitioner could not deduct real estate taxes imposed on property he did not own because these taxes were not imposed on him
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: crime under § 924(c)). Further, not one of these firearms was registered to Moore, as required by 26 U.S.C. § 5841. See Mackey, 265 F.3d at 462 (noting that the legality of a gun is a relevant factor to consider in order to determine whether it was possessed in furtherance of a drug crime under § 924(c)). In support of his claim, Moore argues that he merely collected these guns. This argument is on the one hand perfectly reasonable, as given the sheer quantity of firearms found at his home, we have little doubt that Moore was quite the gun enthusiast. But the mere fact that Moore accumulated this arsenal for one purpose — i.e., it was his hobby — does not foreclose our finding that he also possessed the guns for the purpose of facilitating his drug offense. See Hardin, 248 F.3d at 498 (<HOLDING>). Further supporting this dual purpose is the Options: A. holding admissible police officers testimony that firearms are commonly used in drug trafficking B. holding that to apply the firearm enhancement the firearm need only reflect the context of the defendants possession and the defendants ability to use the firearm to promote the controlled substance offense C. holding that to enhance a sentence because of the defendants use of a firearm the jury must find the defendant guilty of a crime involving a firearm or otherwise specifically find that a firearm was used D. holding that a firearm could be used both to protect the defendants spouse and to facilitate the defendants drug trafficking crimes E. recognizing the connection between guns and drug trafficking

assistant: The best answer is D. holding that a firearm could be used both to protect the defendants spouse and to facilitate the defendants drug trafficking crimes
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: No event or circumstance has occurred and is continuing or exists that constitutes a Default or Event of Default. No Loan Party or Restricted Subsidiary is in default, and no event or circumstance has occurred or exists that with the passage of time or giving of notice would constitute a default, under and with respect to any Material Contract (excluding Material Debt), except where such default could not reasonably be expected to have a Material Adverse Effect.

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 legal provision and list the applicable contract clause categories. Provision: Each Lender hereby irrevocably appoints, designates and authorizes the Administrative Agent and the Collateral Agent, (a) to take such action on its behalf under the provisions of the Intercreditor Agreement and to exercise such powers and perform such duties as are expressly delegated to it by the terms thereof, together with such powers as are reasonably incidental thereto, including, without limitation, (i) granting of waivers under the Intercreditor Agreement and the Security Instruments and exercising such powers and performing such duties as are required under the provisions of the Intercreditor Agreement, and any other instruments or agreements referred to therein or as are reasonably incidental thereto, (ii) making, on such Lender’s behalf, the representations, warranties, covenants and agreements deemed made by such Lender under the provisions of the Intercreditor Agreement, and (iii) taking such action under the Intercreditor Agreement and the Security Instruments as is authorized by a vote of the Required Lenders, and (b) to enter into the Intercreditor Agreement and the Security Instruments (including, without limitation, in each case, any amendment, modifications or restatements after the Amendment No. 7 Closing Date) on such Lender’s behalf. In furtherance of the foregoing, each Lender hereby irrevocably agrees to be bound by all of the agreements of the Administrative Agent and Collateral Agent contained in the Intercreditor Agreement and the Security Instruments.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All of the issued and outstanding shares of capital stock or other equity interests of the Company and the Guarantors have been duly authorized and validly issued, are fully paid and nonassessable and were not issued in violation of, and are not subject to, any preemptive or similar rights other than those under the Warrant Purchase Agreement. All of the outstanding shares of capital stock or other equity interests of each of the Company's Subsidiaries are owned, directly or indirectly, by the Company and are free and clear of all Liens, other than Permitted Liens and those Liens imposed by the Securities Act and applicable federal and state securities laws.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: At any time or from time to time after the date hereof, the Parties agree to cooperate with each other, and at the request of any other Party, to execute and deliver any further instruments or documents and to take all such further action as the other Party may reasonably request in order to evidence or effectuate the consummation of the transactions contemplated hereby and to otherwise carry out the intent of the Parties hereunder.

assistant: Further Assurances
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 may be executed in counterparts, each of which shall be deemed an original and all of which, when taken together, shall constitute one and the same instrument. This Agreement and each other agreement or instrument entered into in connection with this Agreement, to the extent signed and delivered by means of facsimile machine or electronic mail, shall be treated for all purposes as an original agreement or instrument and shall be considered to have the same binding legal effect as if it were the original signed version delivered in person.

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 case excerpt and choose the best holding from the options. Case excerpt: Id. Cf. United States v. Montoya de Hernandez, 473 U.S. at 535-36, 105 S.Ct. at 3307-08 (28-hour detention by border police to permit passing of some cocaine-filled balloons from person’s alimentary canal). Accordingly, we again hold that the challenged gate search initiated by Corporal Lee at Gate 1, Camp Casey, Korea, was reasonable within the meaning of the Fourth Amendment. United States v. Ramsey, supra. IV Our final concern is whether appellant’s seizure was unlawful under Mil. R.Evid. 314(c) because the command policy provided too much discretion to gate guards to determine whom to stop and question. We find no express prohibition against exercising discretion in this rule. See United States v. Alleyne, supra; cf. United States v. Flowers, 26 MJ 463, 465 (CMA 1988) (<HOLDING>). Moreover, we hold that the limitation on Options: A. holding such agreements to be per se illegal B. recognizing that notion exercise of any discretion renders search unreasonable per se has been rejected C. holding that strip search incident to arrest was not per se unreasonable but holding that search was performed in an unreasonable manner when conducted in view of the public D. holding that such any and all language is per se unconstitutional for lack of particularity E. holding sixmonth delay in rendering final decision not per se unreasonable

assistant: The best answer is B. recognizing that notion exercise of any discretion renders search unreasonable per se has been rejected
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: If at any time following the Closing Date, the amount of an item listed or prorated in Section 11 shall prove to be incorrect (whether as a result of an error in calculation or lack of complete and accurate information as of the Closing), the party in whose favor the error was made shall promptly pay to the other party the sum necessary to correct such error upon receipt of reasonable proof of such error, provided that notice of such error. The provisions of this Section 11.1.3 shall survive the Closing indefinitely and not be merged therein. All prorations shall be made based on the number of calendar days in such year or month, as the case may be.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: In the event that any one or more of the provisions contained in this Agreement or in any other instrument referred to herein, shall, for any reason, be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision of this Agreement or any such other instrument.

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: f. Any documents or materials that are furnished by or on behalf of the disclosing party, and all other Proprietary Information in whatever form, including documents, reports, memoranda, notes, files or analyses prepared by or on behalf of the receiving party, including all copies of such materials, shall be promptly returned by the receiving party to the disclosing party upon written request by the disclosing party for any reason.

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 legal provision and list the applicable contract clause categories. Provision: The provisions of this Agreement shall be binding upon and inure to the benefit of the Investors and their respective successors and assigns. An Investor may transfer or assign, in whole or from time to time in part, to one or more persons its rights hereunder in connection with the transfer of Registrable Securities by such Investor to such person, provided that such Investor complies with all laws applicable thereto and provides written notice of assignment to the Company promptly after such assignment is effected.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Holder represents that, during the Initial Period and the Valuation Period, neither it nor any of its partners, directors, officers, representatives, managed accounts and Affiliates will purchase or sell any shares of Common Stock or enter into or engage in any short sale or purchase, sale or grant of any option, warrant, convertible security, stock appreciation right or other similar right (including, without limitation, any put or call option or swap transaction) with respect to or having any measurement relating to Common Stock.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: If the Facility is increased in accordance with this Section 2.15 , the Administrative Agent and the Borrowers shall determine the effective date (the “ Increase Effective Date ”) and the final allocation of such Facility Increase. The Administrative Agent shall promptly notify the Borrowers and the Lenders of the final allocation of such Facility Increase and the Increase Effective Date.

assistant: Effective Dates
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 the desire and intent of the parties hereto that the provisions of this Release Agreement be enforced to the fullest extent permissible under the laws and public policies applied in each jurisdiction in which enforcement is sought. Accordingly, if any particular provision of this Release Agreement shall be adjudicated by a court of competent jurisdiction to be invalid, prohibited or unenforceable under any present or future law, such provision, as to such jurisdiction, shall be ineffective, without invalidating the remaining provisions of this Release Agreement or affecting the validity or enforceability of such provision in any other jurisdiction; furthermore, in lieu of such invalid or unenforceable provision there will be added automatically as a part of this Release Agreement, a legal, valid and enforceable provision as similar in terms to such invalid or unenforceable provision as may be possible. Notwithstanding the foregoing, if such provision could be more narrowly drawn so as not to be invalid, prohibited or unenforceable in such jurisdiction, it shall, as to such jurisdiction, be so narrowly drawn, without invalidating the remaining provisions of this Release Agreement or affecting the validity or enforceability of such provision 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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: in the event that blizzard determines that it is in its best interest to cease providing the service , or license to a third party the right to provide the service , blizzard entertainment shall provide you with no less than three ( 3 ) months prior notice .

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: Treatment and Payments . (a) (a) Each borrowing by the Borrower from the Lenders hereunder, each payment by the Borrower on account of any commitment fee and any reduction of the Commitments of the Lenders shall be made pro rata according to the respective Term Percentages or Revolving Percentages, as the case may be of the relevant Lenders.

assistant: Payments