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: addition, AmMed Surgical shall provide this court with a copy of the bankruptcy court’s order. Order to show cause discharged. ALTENBERND and BLACK, JJ., Concur. 1 . Although it was the defendant/debtor that filed the notice of appeal, the appeal is considered to be the continuation of a proceeding "against the debtor,” under 11 U.S.C. § 362(a)(1). See, e.g., Crowe Grp., Inc. v. Garner, 691 So.2d 1089, 1089 (Fla. 2d DCA 1993); Ingersoll-Rand Fin. Corp. v. Miller Mining Co., 817 F.2d 1424, 1426 (9th Cir.1987), 2 . U.S. Const, art. VI, cl. 2. 3 .The same is true of rule 9.110(b), which also sets the notice-of-appeal deadline for final orders at thirty days from rendition. See, e.g., First Nat’l Bank in Fort Myers v. Fla. Unemployment Appeals Comm’n, 461 So.2d 208, 208 (Fla. 1st DCA 1984) Options: A. holding that identification of appellant in notice of appeal is a jurisdictional requirement and that the failure to name a party in a notice to appeal constitutes a failure of that party to appeal B. holding that the 30day deadline to file a notice of appeal with the bia was not jurisdictional C. holding 30day limit to be mandatory and jurisdictional D. holding that in the appeal of a final order the fjailure to file any notice within the 30day period constitutes an irremediable jurisdictional defect E. holding that the 30day notice of appeal requirement is mandatory and jurisdictional

assistant: The best answer is D. holding that in the appeal of a final order the fjailure to file any notice within the 30day period constitutes an irremediable jurisdictional defect
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 give. Elsensohn’s allegations undermine his action in this regard. He never testified in any proceeding relating to his wife’s claim because his wife’s case settled before trial. Too, he was not about to testify in any proceeding relating to his wife’s claim when the alleged retaliatory conduct occurred because he averred that his wife’s case settled before the allegedly retaliatory actions took place. As he did below, Elsensohn seeks to-avoid the literal confines of the FMLA by arguing that other courts have provided broader protections to an employee based on his or her familial relationship to an employee seeking to oppose an unlawful or discriminatory action under other anti-retaliation statutes. See, e.g., Thompson v. N. Am. Stainless, LP, 520 F.3d 644, 647-48 (6th Cir.2008) (<HOLDING>); Gonzalez v. N.Y. State Dep’t of Corr. Servs. Options: A. holding that the court finds more persuasive the decisions of the circuit courts which reject reading a thirdparty retaliation cause of action into title vii but ultimately finding that the participation prong of title vii is potentially broad enough to encompass retaliation against third parties in the circumstances alleged in the instant case B. recognizing that title vii protects individuals from retaliation regardless of the merit of their complaints so long as they can show a good faith reasonable belief that the challenged practices violate title vii C. holding that individual employees are not liable under title vii D. recognizing a court must look beyond the plain language of a statute when the literal interpretation would lead to an absurd result E. holding that title vii protects an employees spouse from retaliation even though thirdparty claims are beyond the literal language of the statute

assistant: The best answer is E. holding that title vii protects an employees spouse from retaliation even though thirdparty claims are beyond the literal language of the statute
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 Delaware, without giving effect to any choice or conflict of laws provision or rule (whether of the State of Delaware or any other jurisdiction); provided , however , that the laws of the State of Florida shall govern any matters pertaining to the internal corporate governance of the Company.

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: to allege it and maintain the burden of going forward with the evidence on the point. The plaintiff is accordingly put on notice to try to prove no substantial changes were made. And as a general rule, rather than requiring a plaintiff to negate an infinite number of possible changes, it seems more reasonable and in keeping with our adversary process to expect the defendant to allege the substantial changes he expects a plaintiff to try to disprove. But once the defendant has come forward, we believe that the burden of proof (or again, more precisely, the risk of non-persuasion) must remain with the plaintiff; if the scales remain in equilibrium on the point, plaintiff is the loser. Id. at 857. See also Potter v. Chicago Pneumatic Tool Co., 241 Conn. 199, 694 A.2d 1319, 1341 (1997) (<HOLDING>); Berry v. Gibson, 141 Ill.App.3d 876, 96 Options: A. holding that when plaintiff has proven injury but has failed to prove the amount of damages the plaintiff is only entitled to nominal damages B. holding that citys policy need not be unconstitutional per se but need only cause a constitutional violation C. holding that effect must be given if possible to every clause and word of a statute D. holding that plaintiff need not rebut every possible alteration or modification but only those that the defendant has produced E. holding that the nonmovant need not be given the benefit of every inference but only of every reasonable inference

assistant: The best answer is D. holding that plaintiff need not rebut every possible alteration or modification but only those that the defendant has produced
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: finds that there was no legally sufficient evidentiary basis presented at trial with which a reasonable jury could find that Defendants’ conduct was “so outrageous in character and so extreme in degree as to go beyond all possible bounds of decency in a civilized society.” McGrath, 126 Ill.2d at 82, 533 N.E.2d at 809, 127 Ill.Dec. at 727. IY. CONCLUSION Ergo, pursuant to Federal Rule of Civil Procedure 50, Defendants’ Motion for Judgment as a Matter of Law is ALLOWED. Judgment is hereby entered in favor of all Defendants and against all Plaintiffs on each Count in Plaintiffs’ Third Amended Complaint. CASE CLOSED. 1 . The police believed that the attacker used a metal forming stake to beat Bridgmon. When the police arrived, Bridgmon was unconscious; he had nine 1247 (7th Cir.1994) (<HOLDING>) 9 . "[I]f a case involves a question of Options: A. holding that a determination of probable cause does not bar a state law malicious prosecution claim where the claim is based on the police officers supplying false information to establish probable cause B. holding that magistrate must have substantial basis for concluding that probable cause exists C. holding that noncompliance with mandatory requirement of search warrant statute designed to ensure that warrants are issued upon reliable information required that information provided by informants be ignored in determining probable cause D. holding that eyewitness accounts and an officers observations established probable cause E. holding probable cause exists based upon information received from a reliable eyewitness

assistant: The best answer is E. holding probable cause exists based upon information received from a reliable eyewitness
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 notices, consents, waivers or other communications required or permitted to be given under the terms hereof must be in writing and will be deemed to have been delivered: (i) upon receipt, when delivered personally; (ii) upon receipt, when sent by facsimile (provided confirmation of transmission is mechanically or electronically generated and kept on file by the sending party) (iii) upon receipt, when sent by email; or (iv) one (1) Trading Day after deposit with a nationally recognized overnight delivery service, in each case properly addressed to the party to receive the same. The addresses and facsimile numbers for such communications shall be those set forth in the communications and documents that each party has provided the other immediately preceding the issuance of this Note or at such other address and/or facsimile number and/or to the attention of such other person as the recipient party has specified by written notice given to each other party three (3) Business Days prior to the effectiveness of such change. Written confirmation of receipt (i) given by the recipient of such notice, consent, waiver or other communication, (ii) mechanically or electronically generated by the sender’s facsimile machine containing the time, date, recipient facsimile number and an image of the first page of such transmission or (iii) provided by a nationally recognized overnight delivery service, shall be rebuttable evidence of personal service, receipt by facsimile or receipt from a nationally recognized overnight delivery service in accordance with clause (i), (ii) or (iii) above, respectively.

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: 18 U.S.C. § 3161(h)(7) because of the complexity of the ease. A district court must satisfy two requirements when it grants an “ends of justice” continuance under § 3161(h)(7): “(1) the continuance must be specifically limited in time; and (2) it must be justified on the record with reference to the facts as of the time the delay is ordered.” United States v. Lloyd, 125 F.3d 1263, 1268 (9th Cir.1997) (internal quotation marks and brackets omitted). The court must conduct an appropriate inquiry to determine whether the various parties actually want and need a continuance, how long a delay is actually required, what adjustments can be made with respect to the trial calendars or other plans of counsel, and whether granting the requested continuance would “outweigh the best inte Cir.1993) (<HOLDING>). Defendant agrees that the case is complex, Options: A. holding that an ends of justice continuance is proper when a case is complex and involves multiple codefendants and multiple overt acts occurring in multiple states and in which the complexity outweighs the interests of individual defendants B. holding that an ends of justice continuance may be appropriate where the case is unusual or complex C. holding that speedy trial act requires that an ends of justice continuance be specifically limited in time D. recognizing that other courts have applied rule 8b to cases involving multiple defendants but stating that it seems to us that contrary to the jurisprudence in other circuits when a joinder of offenses charged against the same defendant is challenged the literal meaning of the rule 8 requires application of rule 8a irrespective of whether multiple defendants are involved in the case E. holding that when there are multiple defendants rule 9b requires that a plaintiff allege facts specifying each defendants contribution to the fraud

assistant: The best answer is A. holding that an ends of justice continuance is proper when a case is complex and involves multiple codefendants and multiple overt acts occurring in multiple states and in which the complexity outweighs the interests of individual defendants
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 constitute an amendment of the Existing Credit Agreement. Each reference to the Existing Credit Agreement in any Loan Document shall hereafter be construed as a reference to the Existing Credit Agreement as amended hereby. Except as herein otherwise specifically provided, all provisions of the Existing Credit Agreement shall remain in full force and effect and be unaffected hereby. This Amendment is a Loan Document. Except as expressly set forth herein, this Amendment shall not be deemed (a) to be a waiver of, or consent to, or a modification or amendment of any other term or condition of the Existing Credit Agreement as amended hereby, or any other Loan Document or a waiver of any Default or Event of Default, (b) to prejudice any rights or rights which the Administrative Agent or the Lenders may now have or may have in the future under or in connection with the Existing Credit Agreement, as amended hereby, or the other Loan Documents or any of the instruments or agreements referred to therein, or (c) to be a commitment or any other undertaking or expression of any willingness to engage in any further discussion with Borrower or any other Person with respect to any waiver, amendment, modification or any other change to the Existing Credit Agreement, as amended hereby, or the other Loan Documents or any rights or remedies arising in favor of the Lenders or the Administrative Agent, or any of them, under or with respect to any such documents. This Amendment, together with the Existing Credit Agreement and the other Loan Documents integrate all the terms and conditions mentioned herein or incidental hereto and supersede all oral representations and negotiations and prior writings with respect to the subject matter hereof.

assistant: Miscellaneous
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 dispute regarding the interpretation of this Agreement shall be submitted by Participant or the Company to the Plan Administrator for review. The resolution of such a dispute by the Plan Administrator shall be final and binding on the Company and Participant.

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

user: All disclosures of Confidential Information (whether written or oral) by Party One and Party Two shall (c) be reproduced or used by Party Two only to the extent necessary to fulfill it’s obligations hereunder. 4. Use. Party One and Party Two each agrees not to use the other party's Confidential Information for its own use or for any purpose except for the purpose described in Section 1.

assistant: Yes
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 Committee determines, in its discretion exercised in good faith, that the established performance measures or objectives are no longer suitable to the Company’s objectives because of a change in the Company’s business, operations, corporate structure, capital structure, or other conditions the Committee deems to be appropriate, the Committee may modify the performance measures and objectives to the extent it considers to be necessary. However, if any Performance Shares are designated as intended to qualify for the Performance-Based Exception, no such modification shall be made to the extent the modification would otherwise cause the Performance Shares to not qualify for the Performance-Based Exception.

assistant: Modifications
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: similar records who have been found guilty of similar conduct”); see also United States v. Parker, 462 F.3d 273, 278 (3d Cir.2006) (citing 18 U.S.C. § 3553(a)(6)). The District Court properly distinguished King’s conduct from that of Larkin and the other perpetrators. The only perpetrator convicted of the same crime as King received a lower sentence because, unlike King, he accepted responsibility, provided substantial assistance, did not obstruct the investigation and had a lower criminal history. The other perpetrators were sentenced for lesser crimes, did not have regular contact with Peanut, and did not exercise care or control over her. As for Larkin, she pleaded guilty to a lesser crime than King. Those differences justify King’s term of incarceration. See Parker, 462 F.3d at 278 (<HOLDING>). Second, King claims that the District Court’s Options: A. holding that potential class members are similarly situated to the named plaintiffs if they are similarly situated with respect to their job requirements and pay provisions B. holding codefendants were not similarly situated because one had a less extensive criminal history C. holding that employees of differing seniority levels were not similarly situated D. holding that a similarly situated employee is one who is comparable to plaintiff in all material respects E. holding that defendants are not similarly situated for sentencing purposes where one defendant accepts responsibility but the other does not

assistant: The best answer is B. holding codefendants were not similarly situated because one had a less extensive criminal history
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: You shall be eligible to participate in all employee benefit plans, policies, programs or perquisites made available to employees of Meira generally or to executive officers of Meira, including any broad-based or executive stock option and stock purchase plans. The terms and conditions of your participation in Meira’s employee benefit plans, policies, programs or perquisites shall be governed by the terms and conditions or practices of each such plan, policy, program or perquisite.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement, including the documents referred to herein, constitute the entire agreement among the Parties with respect to, and supersede any prior understandings, agreements or representations by or among the Parties, written or oral, that may have related in any way to, 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: v. Lamson & Sessions Co., 948 F.2d 1037, 1039-40 (6th Cir.1991). However, legal conclusions or unwarranted factual inferences should not be accepted as true. Lewis, 135 F.3d at 405. III. Analysis A. Section 1983 claim Under 42 U.S.C. § 1983, a plaintiff must show that a defendant acting under color of state law deprived the plaintiff of his or her constitutional rights. Section 1983 is not the source of any substantive right, but merely provides a method for vindicating federal rights elsewhere conferred. Graham v. Connor, 490 U.S. 386, 393-94, 109 S.Ct. 1865, 1870, 104 L.Ed.2d 443 (1989). A municipality is subject to liability only if a claimant’s constitutional rights have been violated. City of Los Angeles v. Heller, 475 U.S. 796, 799, 106 S.Ct. 1571, 1573, 89 L.Ed.2d 806 (1986) (<HOLDING>). Accordingly, finding municipal liability Options: A. holding that there is no individual liability under title vii B. holding that in the fourth amendment context absolving the individual officer of liability shields the municipality from liability C. holding that an individual is immune from antitrust liability for exercising first amendment right to petition the government D. holding that legislative immunity shields an official from liability if the act in question was undertaken in the sphere of legitimate legislative activity E. holding no individual liability under the adea

assistant: The best answer is B. holding that in the fourth amendment context absolving the individual officer of liability shields the municipality from liability
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 Board may, at any time, amend or terminate the Plan, and the Committee may amend this Award Agreement, provided that, except as provided in the Plan, no amendment or termination may, in the absence of written consent to the change by the affected Participant (or, if the Participant is not then living, the affected beneficiary), adversely affect the rights of any Participant or beneficiary under this Award Agreement prior to the date such amendment or termination is adopted by the Board or the Committee, as the case may be. Without limiting the generality of the foregoing, the Committee may amend or terminate this Award at any time in its sole discretion to exercise downward discretion in the amount payable under this Award if the Committee determines that the payout yielded or that would be yielded by this Award for the Performance Period does not accurately reflect the Company's performance for the Performance Period because the payout is too great.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The terms of this Third Modification shall become effective upon the Third Modification Effective Date, but shall continue to be subject to Borrower’s satisfaction of the conditions set forth in Section 6 of this Third Modification.

assistant: Effectiveness
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: , at any time upon a showing of good cause. See 31 U.S.C. § 3730(c)(3). This court follows the vast majority of courts that have considered this issue and finds that the FCA does not run afoul of the separation of powers doctrine. See United States ex rel. Taxpayers Against Fraud v. General Elec. Co., 41 F.3d 1032, 1041 (6th Cir.1994); Kelly, 9 F.3d at 755 (“[T]he FCA gives the Attorney General sufficient means of controlling or supervising relators to satisfy separation of powers concerns.”); Kreindler, 985 F.2d at 1155 (“[T]he FCA qui tam provisions do not usurp the executive branch’s litigating funct d qui tam rela-tors do not wield so much governmental power that their appointments must conform to the requirements of the Appointments Clause); Robinson, 824 F.Supp. 830, 836 (<HOLDING>). Hektoen argues that qui tam relators are Options: A. recognizing that civil rights lawsuits are private only in form B. holding that state rights are equivalent to federal rights in this area C. holding that relators are not officers because they seek to vindicate not only public rights but their own private rights as well D. holding that rights under vienna convention are not the equivalent of fundamental rights such as the right to counsel E. holding that it is well settled that while one tenant in common may acquire homestead rights in the common property the rights so acquired are not superior to the rights and remedies of the other joint owners he can acquire no such rights as will prejudice or in anywise interfere with the rights of the other tenants in common

assistant: The best answer is C. holding that relators are not officers because they seek to vindicate not only public rights but their own private rights as well
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: The Evaluation Material will be kept confidential by Investor in accordance with the terms and conditions of this Agreement and will not be disclosed to any person, except that Investor may disclose the Evaluation Material or portions thereof to those of its employees, officers, directors, partners, members, affiliates, accountants, attorneys, agents, consultants and advisors (these persons being collectively called “Representatives”) who (a) need to know such information in order for Investor to be able to evaluate a possible Transaction and (b) have been directed by Investor to treat the Evaluation Material in accordance with the terms of this Agreement.

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: Subject to Section 8, in the event that any dispute arises between the Company and Executive regarding or relating to this Agreement and/or any aspect of Executive’s employment relationship with the Company, the parties consent to resolve such dispute through mandatory arbitration under the Commercial Rules of the American Arbitration Association (“ AAA ”), before a single arbitrator in Chicago IL. The parties hereby consent to the entry of judgment upon award rendered by the arbitrator in any court of competent jurisdiction. Notwithstanding the foregoing, however, should adequate grounds exist for seeking immediate injunctive or immediate equitable relief, any party may seek and obtain such relief. The parties hereby consent to the exclusive jurisdiction of the state and Federal courts of or in the State of New York for purposes of seeking such injunctive or equitable relief as set forth above. Out-of-pocket costs and expense reasonably incurred by Executive in connection with such arbitration (including attorneys’ fees) shall be paid by the Company with respect to each claim on which the arbitrator determines Executive prevails.

assistant: Arbitration
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: subsequently brought suit against the child welfare agency in federal court, claiming that the agency had violated her right to substantive due process by seeking the termination of her custody out of “malice or personal bias.” Id. The child welfare agency argued that the Rooker-Feldman doctrine divested the District Court of jurisdiction. The agency urt’s determination that the plaintiff landowners lacked standing to challenge a township’s approval of a subdivision did not bar the plaintiffs from later asserting due process, equal protection, and Just Compensation Clause claims in federal court, because “[u]nder Pennsylvania law, the [state] court could not resolve the merits of the Gullas’ [constitutional] claims if they lack standing to bring their suit”); FOCUS, 75 F.3d at 842 (<HOLDING>); Whiteford v. Reed, 155 F.3d 671, 674 (3d Options: A. holding that even though alabama court had jurisdiction over the parties and the issue of custody previous custody order issued by a pennsylvania court was entitled to full faith and credit under us constitution art iv 1 B. holding that an order issued by the pennsylvania supreme court in which it refused to exercise its kings bench jurisdiction to overturn gag orders issued by a lower state court did not implicitly reject the plaintiffs claim that the gag orders violated the first amendment as pennsylvania law authorized the pennsylvania supreme court to decline to exercise its kings bench jurisdiction where the case did not present an issue of immediate public importance C. holding that the supreme court of pennsylvania is a state entity for purposes of the eleventh amendment D. holding that pennsylvania law applied as the parties did not argue choice of law issue and implied that pennsylvania law applied by focusing their arguments on same E. holding that we are required to predict the position which the pennsylvania supreme court would take in resolving this dispute and in the absence of a clear statement by the pennsylvania supreme court to the contrary or other persuasive evidence of a change in pennsylvania law we are bound by the holdings of previous panels of this court

assistant: The best answer is B. holding that an order issued by the pennsylvania supreme court in which it refused to exercise its kings bench jurisdiction to overturn gag orders issued by a lower state court did not implicitly reject the plaintiffs claim that the gag orders violated the first amendment as pennsylvania law authorized the pennsylvania supreme court to decline to exercise its kings bench jurisdiction where the case did not present an issue of immediate public importance
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: other pending motions are DISMISSED AS MOOT. 7. The Clerk shall prepare and enter a Judgment in conformity with this Order. 8. The Clerk shall send a certified copy of the Judgment dismissing plaintiffs claims against the defendant herein as frivolous, along with a copy of this Memorandum Opinion and Order, to the Texas Department of Criminal Justice in accordance with Section 498.0045 of the Texas Government Code. 1 . See Plaintiff's Original Petition for Writ of Mandamus, filed December 3, 1996, docket entry no. 12. 2 . Id. 3 . Id. 4 . Id. 5 . Id. 6 . See Plaintiff's Answers to the Court's Questionnaire, filed April 29, 1997, docket entry no. 23, at question 10. 7 . See docket entry no. 1. 8 . Pub.L. No. 104-134, 110 Stat. 1321. 9 . See Ayo v. Bathey, 106 F.3d 98, 100 (5th Cir.1997), (<HOLDING>); Strickland v. Rankin County Correctional Options: A. holding that a motion to proceed in forma pauperis is dispositive because it is the functional equivalent of an involuntary dismissal B. holding that the plras three strikes provision applied to an appeal pending prior to the effective date of the plra and authorized denial of in forma pauperis status based on lawsuits and appeals dismissed as frivolous prior to the effective date of the plra C. holding that the financial responsibility provisions of the plra require a prisoner seeking leave to proceed in forma pauperis to file an affidavit listing his assets and to submit a certified copy of his inmate trust fund account statement or an institutional equivalent reflecting the sixmonth period immediately preceding the filing of the complaint even with regard to a case in which in forma pauperis status was granted prior to the effective date of the plra ie april 26 1996 D. holding with respect to another part of the plra that the court must determine the prisoners status on the date the suit or appeal is brought rather than at some other time E. holding that dismissal of a complaint pursuant to former 1915d now 1915e is not appropriate where a plaintiff has made a partial payment of filing fees and that in such cases the court must treat the complaint in the same manner as one for which in forma pauperis status has not been granted

assistant: The best answer is C. holding that the financial responsibility provisions of the plra require a prisoner seeking leave to proceed in forma pauperis to file an affidavit listing his assets and to submit a certified copy of his inmate trust fund account statement or an institutional equivalent reflecting the sixmonth period immediately preceding the filing of the complaint even with regard to a case in which in forma pauperis status was granted prior to the effective date of the plra ie april 26 1996
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company shall maintain insurance, at its expense, on its own behalf and on behalf of any Person who is or was a Covered Person or was serving at the request of the Company as a manager, officer, employee or agent of another limited liability company, corporation, partnership, joint venture, trust or other enterprise against any liability asserted against him, her or it and incurred by him, her or it in any such capacity, whether or not the Company would have the power to indemnify such Person against such liability under this Section 12.3 .

assistant: Insurances
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 effective as of January 8, 2016, and shall continue in full force and effect until such time as all of Borrower's Loans in favor of Lender have been paid in full, including principal, interest, costs, expenses, attorneys' fees, and other fees and charges, or until such time as the parties may agree in writing to terminate this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Guaranty shall terminate at such time as the Debt has been indefeasibly paid in full, and there has expired the maximum possible period thereafter during which any payment made by Borrower or others to Lender with respect to the Loan could be deemed a preference under the United States Bankruptcy Code.

assistant: Terminations
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 will, and will cause each Subsidiary to, maintain with financially sound and reputable insurance companies insurance on all their Property in such amounts and covering such risks as are consistent with sound business practice and as are customarily carried by companies engaged in similar business and owning similar properties in localities where the Borrower and Subsidiaries operate, and the Borrower will furnish to the Administrative Agent upon request full information as to the insurance carried and evidence that the endorsements, policy declarations, and any certificates furnished to the Administrative Agent previously are in full force and effect. The Borrower shall, and shall cause each Subsidiary to, name the Administrative Agent as an additional insured with respect to all general liability insurance and as a lender loss payee with respect to all property and casualty insurance at all times prior to the repayment in full of the Obligations.

assistant: Insurances
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: citing United States v. Gonzales, 484 F.3d 712, 714-15 (5th Cir. 2007)). 33 . Id. at 481 (citing Shepard v. United States, 544 U.S. 13, 26, 125 S.Ct. 1254, 161 L.Ed.2d 205 (2005)). 34 . Id. 35 . — U.S. -, 134 S.Ct. 1405, 1414, 188 L.Ed.2d 426 (2014) (‘‘[T]he parties do not contest that [the Tennessee statute under which the defendant was previously convicted] is a 'divisible statute'..., We may accordingly apply the modified categorical approach, consulting the indictment to which Castleman pleaded guilty in order to determine whether his conviction did entail the elements necessary to constitute the generic federal offense.”). 36 . Id. 37 . - U.S. -, 133 S.Ct. 2276, 2281, 186 L.Ed.2d 438 (2013). 38 . See Mathis v. United States, — U.S. ---, 136 S.Ct. 2243, 2251, 195 L.Ed.2d 604 (2016) (<HOLDING>) (citing United States v. Mathis, 786 F.3d 1068 Options: A. recognizing that independent analysis is the only means by which the defendant can defend against expert testimony by the state B. holding that a prior conviction is not a predicate offense under the sentencing guidelines if the statute that provides the basis for the prior conviction sweeps more broadly than the generic crime described in the guidelines C. holding that a conviction under a texas robbery statute qualifies as generic robbery be cause its elements substantially correspond to the basic elements of the generic offense in that they both involve theft and immediate danger to a person D. holding that if a crime is broadly defined the court can look beyond the elements of the crime E. recognizing a circuit split over whether accas general ralethat a defendants crime of conviction can count as a predicate only if its elements match those of a generic offensegives way when a statute happens to list various means by which a defendant can satisfy an element

assistant: The best answer is E. recognizing a circuit split over whether accas general ralethat a defendants crime of conviction can count as a predicate only if its elements match those of a generic offensegives way when a statute happens to list various means by which a defendant can satisfy an element
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 any provision, subsection, or sentence of this Agreement shall be held to be invalid, illegal or unenforceable in any respect by a court of competent jurisdiction, such invalidity, illegality or unenforceability shall not affect the other provisions of this Agreement, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision, subsection, or sentence had not been contained herein.

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: At Closing, Seller agrees to convey to Buyer fee simple marketable title to the Texas City Property by special warranty deed and leasehold marketable title to the Ground Lease Property by assignment and assumption of each Ground Lease, free and clear of all liens, defects of title, conditions, easements, assessments, restrictions, and encumbrances except for Permitted Exceptions (as hereinafter defined).

assistant: Titles
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: takings” from “exchanges of property where the wrongdoer merely misrepresents the value of the consideration advanced.” Smith, 951 F.2d at 1167. In the latter instance, we found that “the loss or taking consists only of the difference in value between what was given and what was obtained.” Id. In Whitehead, we held that the sentencing court erred in including the entire value of a house in its loss calculations when the defendant had used false documents to obtain an option to purchase the house, but had not actually exercised the option. Whitehead, 91 ubstantive Criminal Law § 8.5(b), at 359 (1986) (“One who takes another’s property intending at the time he takes it to use it temporarily and then return it unconditionally ... lacks the intent to steal required for larceny”). In .1991) (<HOLDING>). In this ease, Mr. Moore pleaded guilty to Options: A. holding that parked police vehicle could not constitute other traffic B. holding automobile exeeption did not apply to warrantless search of vehicle where vehicle was not readily mobile because the vehicle was legally parked in parking lot occupants of vehicle were seated on a bench in the playground near the parking lot police officers surrounded the vehicle and the driver of the vehicle was handcuffed for safety purposes C. holding that where a defendant abandoned a vehicle in a subdivision near where the victims body was found there was sufficient evidence of intent to permanently deprive the owner of the vehicle D. holding that no privacy interest was invaded when the officers saw the defendants activities while he was parked in a tavern parking lot and seated in a vehicle with the console light on E. holding that the jury may find intent to permanently deprive the owner where the defendant parked and abandoned a vehicle in a vacant lot with the windows down

assistant: The best answer is E. holding that the jury may find intent to permanently deprive the owner where the defendant parked and abandoned a vehicle in a vacant lot with the windows down
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: majority. Our Supreme Court has concluded that limitations on fundamental rights during community custody terms that help prevent the criminal from further criminal conduct for the duration of his or her sentence are constitutional. See, e.g., Riley, 121 Wn.2d at 37-38 (limiting a computer hacker’s right to associate with other computer hackers). Nonetheless, such limitations must be “reasonably necessary to accomplish the essential needs of the state.” Riles, 135 Wn.2d at 350 (concluding that a prohibition on a convicted sex offender’s contact with minors was not justified where the victim was not a minor). The fundamental right at issue in this case is Letourneau’s right to raise her children without State interference. See In re Custody of Smith, 137 Wn.2d 1, 15, 969 P.2d 21 (1998) (<HOLDING>) cert. granted sub nom. Troxel v. Granville, Options: A. recognizing parents fundamental liberty interest in the care custody and management of their children B. recognizing that noncustodial parents have a fundamental liberty interest in the care custody and management of their children C. holding that natural parents have a fundamental liberty interest in the care custody and management of their children D. recognizing a parents right to rear his or her children without state interference as a constitutionallyprotected fundamental liberty interest E. recognizing fundamental right of parents to care for their children

assistant: The best answer is D. recognizing a parents right to rear his or her children without state interference as a constitutionallyprotected fundamental liberty interest
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Lenders shall have received (i) audited consolidated financial statements of the Company and its Subsidiaries for the 2014, 2015 and 2016 fiscal years, (ii) unaudited interim consolidated financial statements for each fiscal quarter ended after the date of the latest applicable financial statements delivered pursuant to clause (i) of this paragraph as to which such financial statements are available, and such financial statements shall not, in the reasonable judgment of the Administrative Agent, reflect any material adverse change in the consolidated financial condition of the Company and its Subsidiaries, taken as a whole, as reflected in the audited, consolidated financial statements described in clause (i) of this paragraph and (iii) reasonably satisfactory Projections.

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 Company has filed all reports, schedules, forms, statements and other documents required to be filed by the Company under the Securities Act and the Exchange Act, including pursuant to Sections 13(a) and 15(d) thereof, for the three (3) years preceding the date hereof (or such shorter period as the Company was required by law or regulation to file such material) (the foregoing materials, including the exhibits thereto and documents incorporated by reference therein, being collectively referred to herein as the “ SEC Reports ”) on a timely basis or has received a valid extension of such time of filing and has filed any such SEC Reports prior to the expiration of any such extension. As of their respective dates, the SEC Reports complied in all material respects with the requirements of the Securities Act and the Exchange Act and the rules and regulations of the Commission promulgated thereunder, and none of the SEC Reports, when filed, contained any untrue statement of a material fact or omitted to state a material fact required to be stated therein or necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading. The financial statements of the Company included in the SEC Reports comply in all material respects with applicable accounting requirements and the rules and regulations of the Commission with respect thereto as in effect at the time of filing. Such financial statements have been prepared in accordance with United States generally accepted accounting principles applied on a consistent basis during the periods involved (“ GAAP ”), except as may be otherwise specified in such financial statements or the notes thereto and except that unaudited financial statements may not contain all footnotes required by GAAP, and fairly present in all material respects the financial position of the Company and its consolidated subsidiaries as of and for the dates thereof and the results of operations and cash flows for the periods then ended, subject, in the case of unaudited statements, to normal, immaterial, year-end audit adjustments.

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: (a) No amendment or waiver of any provision of this Guarantee and no consent to any departure by any Guarantor therefrom shall in any event be effective unless the same shall be in writing and signed by the Agent, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given.

assistant: Amendments