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: U.S. at 671, 64 S.Ct. 1240. While independent review in Bose pertains to the constitutional issue of whether actual malice has been established, in citizenship cases independent review is necessarily broader because the constitutional issue is whether the burden of revoking citizenship has been met — the primary and only issue in this case. 10 . In 1952 someone claiming to be Salvador Mondaca-Vega applied for a social security card, but the government did not present any evidence tying that application to Petitioner. Unlike Reynaldo Mondaca’s application, Salvador Mondaca-Vega’s application does not contain a signature. 11 . The government contends that the “ultimate issue in this case is whether Petitioner is Salvador Mondaca-Vega ... or Reynaldo Mondaca Carlon.” See also Maj. at 1086 (<HOLDING>). 12 . The majority relies on Societe Generate Options: A. holding that the district courts finding of no discrimination was not clearly erroneous because the finding was supported by the record B. holding that pretext is subject to the clearly erroneous standard C. holding that the district courts finding of no discrimination under title vii was not clearly erroneous because the finding was supported by the record D. holding that the district courts key finding that petitioner is salvador mondacavega is not clearly erroneous E. holding bankruptcy courts finding of proximate causation not to be clearly erroneous

assistant: The best answer is D. holding that the district courts key finding that petitioner is salvador mondacavega is not clearly erroneous
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: outright confiscation.” 368 S.W.2d 432, 437 (Mo. 1963). The Missouri Supreme Court rejected the argument, noting first that the Missouri Constitution conferred upon state residents the power “to propose and enact or reject laws and amendments to the constitution by initiative and to approve or reject by referendum acts of the general assembly.” Id. at 434. The Court then distinguished these rights from the initiative rights granted to the county residents to challenge county ordinances, concluding that “[t]he powers reserved to the people of [the county] with respect to use of the initiative and referendum are defined and limited by [the county] charter.” Id.; see also State ex rel. Harry L. Hussman Refrigerator & Supply Co. v. City of St. Louis, 319 Mo. 497, 5 S.W.2d 1080, 1087 (1928) (<HOLDING>). Because the county charter did not permit Options: A. holding that the missouri constitution reserves the power of referendum only to acts of the state legislative assembly and not to acts of a municipality B. holding that when an indictment charges several acts conjunctively under a statute which subjects several alternative acts to the same punishment the government need only prove violation of one of the alleged acts to prove violation of the statute C. holding that the acts of a corporate officer done in his or her official capacity are acts of the corporation D. holding missouri constitution requires stricter separation of church and state than does federal constitution E. holding as to the admissibility of prior bad acts that allegedly took place fourteen and twelve years before the acts alleged in that case that the lapse of time between the defendants sexual acts goes to the weight of the evidence not to its admissibility

assistant: The best answer is A. holding that the missouri constitution reserves the power of referendum only to acts of the state legislative assembly and not to acts of a municipality
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: you will keep all information provided to you through the service as private and confidential and will not give such information to anyone without the permission of the person who provided it to you ;

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: to conclude that there was plain error when the prosecutor asked whether another witness testified “inaccurately” because neither the Supreme Court nor our court had yet ruled on whether asking about “inaccurate” testimony was improper. Id. Similarly, neither the Supreme Court nor this court has ruled that asking about “invented” testimony is improper, particularly when the term is first used by the testifying defendant. Notably, Greer cites the exact cases cited by the majority, but acknowledges that these cases concluding that questioning was improper are limited to “one particular context: when the prosecutor specifically asked the defendant whether another witness was lying....” Id. (emphasis in the original); see also United States v. Wright, 625 F.3d 583, 612 (9th Cir.2010) (<HOLDING>). The facts of this case diverge substantially Options: A. holding that plain error review applies to objections that were not raised when the district court asked the appropriate question at the conclusion of the sentencing hearing B. holding that where the government has not presented evidence at the hearing concerning the appropriate amount of restitution the imposition of the restitution order constitutes plain error C. holding that plain error exists when 1 an error was committed 2 that was plain 3 that affected the defendants substantial rights and 4 the error seriously affects the fairness integrity or public reputation of judicial proceedings D. holding that there was no plain error when the prosecutor asked the defendant questions concerning a rogue agent during a fairly argumentative crossexamination in order to poke holes in the defendants version of the facts E. holding that party was an agent under the plain terms of his contracts

assistant: The best answer is D. holding that there was no plain error when the prosecutor asked the defendant questions concerning a rogue agent during a fairly argumentative crossexamination in order to poke holes in the defendants version of the 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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: 11.3 members agree to cooperate with and assist airbnb in good faith , and to provide airbnb with such information and take such actions as may be reasonably requested by airbnb , in connection with any damage claims or other complaints or claims made by members relating to accommodations or any personal or other property located at an accommodation ( including , without limitation , payment requests made under the airbnb host guarantee ) , experiences , or co-host agreements .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall be governed by, and construed in accordance with, the laws of the State of Colorado. All actions and proceedings arising out of or relating to this Agreement shall be heard and determined exclusively in any state or federal court, in each case sitting in Boulder or Denver County, Colorado.

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 legal provision and list the applicable contract clause categories. Provision: As a condition to receiving the payments and benefits described in Sections 6(a) , 6(c) , 6(d) and 6(e) , (i) Executive (or the executor or administrator of his estate (the “ Executor ”)) shall execute and deliver to the Company a release of claims substantially in the form and substance as set forth in Exhibit B attached hereto (the “ General Release ”) (as such form may be amended following the date hereof as required by applicable law) and the General Release shall have become effective and the revocation period provided therein shall have expired without Executive (or the Executor) having revoked such General Release within the 60-day period following the effective date of the termination of Executive’s employment and (ii) Executive (or the Executor) shall not have revoked or breached the provisions of the General Release or breached the provisions of Sections 8 or 9 ; provided that Executive’s (or the Executor’s) breach of such Sections or the termination of any payments or benefits provided under Section 6(a) shall not relieve Executive of his obligations hereunder or thereunder. In the event Executive (or the Executor) does not execute and deliver to the Company a General Release, the General Release does not become effective and irrevocable within such period or Executive (or the Executor) revokes or breaches the provisions of the General Release, Executive (A) shall be deemed to have voluntarily terminated his employment without Good Reason for purposes of this Agreement and any other compensation or benefit plans of WestRock or its Subsidiaries, (B) shall not be entitled to the payments or benefit described in Sections 6(a) , 6(c) , 6(d) or 6(e) and (C) shall be required to reimburse the Company, in cash within five business days after written demand is made by the Company therefore, for an amount equal to the value of any payments or benefits received by the Employee pursuant to Sections 6(a) , 6(c) , 6(d) or 6(e) .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: 222 P.3d 855, 860 (Colo.App.2009) (citing People v. Jimenez, 217 P.3d 841, 870 (Colo.App.2008)). "To constitute an abuse of discretion, the opponent must show that the trial court's decision was manifestly arbitrary, unreasonable, or unfair." People v. Webster, 987 P.2d 836, 840 (Colo.App.1998). 2, Discussion 1838 "A defendant is entitled to an instruction on a lesser-included offense if there is evidence to support giving that instruction. Such an instruction is appropriate when there is a rational basis to acqui that sixteen-year-old A.J. agreed to perform sexual acts in exchange for money promised her by defendant established the required elements of the crime, giving a lesser-included instruction. would have been improper. See People v. Price, 969 P.2d 766, 768 (Colo.App.1998) (<HOLDING>); Graham v. People, 199 Colo. 439, 441, 610 Options: A. holding that when the prosecution presented evidence that the defendant stole at least 44000 defendant failed to present any evidence that the amount she stole was less than 15000 the minimum threshold required by the charged crime the jury was not provided with any rational basis to acquit her of the offense charged but conviet her of one of the lesser included offenses B. holding it is fundamental error to convict a defendant of crime not charged and which is not a lesser included offense of the charged crime C. holding that counsel was not ineffective in failing to request a charge on the lesserincluded offense when the evidence showed either the commission of the completed offense as charged or the commission of no offense such that the defendant was not entitled to a charge on the lesser offense D. holding that an offense is factually lesser included if the charging instrument alleges that the means used to commit the crime charged include all of the elements of the alleged lesser included offense E. holding due process clause requires the prosecution to prove beyond a reasonable doubt all of the elements included in the definition of the charged offense and new york law that requires the defendant in a second degree murder prosecution to prove by a preponderance of the evidence the affirmative defense of extreme emotional disturbance in order to reduce the crime to manslaughter when no element of the charged offense is presumed does not violate the due process clause

assistant: The best answer is A. holding that when the prosecution presented evidence that the defendant stole at least 44000 defendant failed to present any evidence that the amount she stole was less than 15000 the minimum threshold required by the charged crime the jury was not provided with any rational basis to acquit her of the offense charged but conviet her of one of the lesser included offenses
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: For the consideration as provided under the APA, Assignor hereby assigns and conveys to Assignee, and Assignee hereby acquires and assumes from Assignor, all right, title and interest of Assignor in and to the Distribution Agreement, and all interest, rights, title and obligations of Assignor deriving therefrom.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of a subordinate employee, while not unfairly tagging employers with the discriminatory motives of subordinate employees who have not been entrusted with formal decision-making authority. I believe this is the better course to follow. The premise behind the “rubber-stamp” or “cat’s paw” analysis is fairly simple. An employer should not automatically be held hable for the discriminatory motivation of a subordinate employee t .3d 542, 547 (7th Cir.1997) (noting that “there can be situations in which the forbidden motive of a subordinate employee can be imputed to the employer because, under the circum stances of the case, the employer simply acted as the ‘cat’s paw" of the subordinate”); cf. Burlington Indus., Inc. v. Ellerth, 524 U.S. 742, 762, 118 S.Ct. 2257, 141 L.Ed.2d 633 (1998) (<HOLDING>). In cases like this, where the person Options: A. recognizing that an appeal has never been an evidentiary proceeding so appellate court will not consider evidence not presented to the lower tribunal because function of appellate court is to determine whether lower tribunal committed error based upon the issues and evidence before it B. holding that issues not raised to or ruled upon by the lower court are not preserved for appellate review C. recognizing that the cats paw doctrine has been employed by lower courts to impose liability upon an employer for the discriminatory motivations of nondecisionmakers D. holding that a court is not bound by a lower tribunals decision under the law of the case doctrine E. holding that employers knowledge of employees injury followed by the employers failure to provide the necessary medical services sufficient to impose liability upon the employer for medical services selected by the employee

assistant: The best answer is C. recognizing that the cats paw doctrine has been employed by lower courts to impose liability upon an employer for the discriminatory motivations of nondecisionmakers
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: Hold all right, title and interest in each Pool Receivable in respect of each Receivable Pool, except to the extent that any such right, title or interest has been transferred or granted to the Collateral Agent (on behalf of Purchasers).

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 legal provision and list the applicable contract clause categories. Provision: Maintain, and cause each Subsidiary thereof to maintain, insurance covering such risks as ordinarily are insured against by other Persons engaged in the same or similar businesses (it being understood that as of the Closing Date the Borrowers and their Subsidiaries have no employees, physical operations or facilities and have insurance only to cover director & officer liabilities, which the Lenders acknowledge based on such facts, is sufficient insurance coverage). All such policies of insurance shall be maintained with financially sound and reputable carriers in such amounts as are adequate and customary for companies of the same or similar size engaged in the same or similar business and in the same or similar location.

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: credit against his federal sentence because he would likely have served only half of his 15-month term if it were not for the extradition detainer. We agree with the district court that there was no meaningful evidence to support that argument. For the reasons stated above, the district court’s Order denying Efrosman’s habeas petition is hereby AFFIRMED. 1 . Efrosman’s petition, filed pursuant to 28 U.S.C. § 2255, challenged the propriety of the BOP’s execution of his sentence, not the legality of the district court’s imposition of his sentence. Placing substance over form, see Cook v. New York State Div. of Parole, 321 F.3d 274, 277-78 (2d Cir.2003), the petition is properly construed as brought under 28 U.S.C. § 2241, see Chambers v. United States, 106 F.3d 472, 474-75 (2d Cir.1997) Options: A. recognizing our ability to construe a pretrial habeas petition filed under 2254 as being brought under 2241 B. holding that a defendant is not entitled to credit for time served as a condition of probation C. holding that a 2241 petitioners claim was not cognizable under 2241 and therefore the district court lacked jurisdiction D. holding that petition relating to calculation of credit for time served during federal detention was properly brought under 2241 E. holding that credit cannot be awarded for time served on community control

assistant: The best answer is D. holding that petition relating to calculation of credit for time served during federal detention was properly brought under 2241
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 payment of cash or any issuance or transfer of Stock or other property to you, or to your legal representative, heir, legatee or distributee, in accordance with the provisions hereof, will, to the extent thereof, be in full satisfaction of all claims of such Persons hereunder. In addition, the Company may require you or your legal representative, heir, legatee or distributee, as a condition precedent to such payment or issuance, to execute a general release of all claims in favor of the Company, any Affiliate and the employees, officers, stockholders or board members of the foregoing in such form as the Company may determine; provided, however, that any review period under such release will not modify the date of settlement with respect to your Award.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company shall (a) by 9:30 a.m. (New York City time) on the Trading Day immediately following the date hereof, issue a press release disclosing the material terms of the transactions contemplated hereby, and (b) file a Current Report on Form 8-K, including the Transaction Documents as exhibits thereto, with the Commission within the time required by the Exchange Act. From and after the issuance of such press release, the Company represents to the Purchasers that it shall have publicly disclosed all material, non-public information delivered to any of the Purchasers by the Company or any of its Subsidiaries, or any of their respective officers, directors, employees or agents in connection with the transactions contemplated by the Transaction Documents. In addition, effective upon the issuance of such press release, the Company acknowledges and agrees that any and all confidentiality or similar obligations under any agreement, whether written or oral, between the Company, any of its Subsidiaries or any of their respective officers, directors, agents, employees or Affiliates on the one hand, and any of the Purchasers or any of their Affiliates on the other hand, shall terminate. The Company and each Purchaser shall consult with each other in issuing any other press releases with respect to the transactions contemplated hereby, and neither the Company nor any Purchaser shall issue any such press release nor otherwise make any such public statement without the prior consent of the Company, with respect to any press release of any Purchaser, or without the prior consent of each Purchaser, with respect to any press release of the Company, which consent shall not unreasonably be withheld or delayed, except if such disclosure is required by law, in which case the disclosing party shall promptly provide the other party with prior notice of such public statement or communication. Notwithstanding the foregoing, the Company shall not publicly disclose the name of any Purchaser, or include the name of any Purchaser in any filing with the Commission or any regulatory agency or Trading Market, without the prior written consent of such Purchaser, except: (a) as required by federal securities law in connection with (i) any registration statement contemplated by this Agreement and (ii) the filing of final Transaction Documents with the Commission and (b) to the extent such disclosure is required by law or Trading Market regulations, in which case the Company shall provide the Purchasers with prior notice of such disclosure permitted under this clause (b).

assistant: Publicity
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 case one or more of the covenants, terms or provisions contained in this Contract will be held invalid, illegal or unenforceable in any respect, the validity of the remaining covenants, terms and provisions contained herein will be in no way affected, prejudiced or disturbed and the remaining covenants, terms and provisions will remain in full force and effect.

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: we are not responsible for your failure to receive notice if email is quarantined by your email security system ( e.g. , `` junk '' or `` spam '' folder ) or if you fail to update your email address .

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: Seller [REDACTED] understands and agrees that the restrictions contained in Sections 13 and 14 of this Agreement may limit his ability to engage in certain businesses within the restricted area during the period provided for herein, but acknowledges that he will receive sufficiently high remuneration and certain other benefits under this Agreement to justify such restriction. Seller [REDACTED] acknowledges that money damages would not be a sufficient remedy for his breach of either of Sections 13 or 14 , and Seller [REDACTED] agrees that either or both of Citiwaste and Purchaser shall be entitled to enforce the provisions of Sections 13 and 14 by specific performance and injunctive relief as remedies for such breach or any threatened breach, without any requirement for the securing or posting of any bond in connection with such remedies. Such remedies shall not be deemed the exclusive remedies for a breach of Sections 13 and 14 , but shall be in addition to all remedies available at law or in equity to either of Citiwaste or Purchaser, including, without limitation, the recovery of damages from Seller [REDACTED].

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Notwithstanding the provisions of Paragraphs D.10 and D.11, this Agreement shall be governed, construed and enforced in accordance with the laws of the State of New York, without giving effect to conflict of law rules or principles.

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: exclusion, by its own terms, does not apply to this case because helicopter permits are beyond the intended scope of the exclusion. When reviewing an agency’s application of its own regulation, the agency’s interpretation of its regulation must be given controlling weight unless it is plainly ' erroneous or inconsistent with the regulation. Thomas Jefferson Univ. v. Shalala, 512 U.S. 504, 510-12, 114 S.Ct. 2381, 129 L.Ed.2d 405 (1994); United States v. McKittrick, 142 F.3d 1170, 1173 (9th Cir.1998) (Fish and Wildlife Service’s interpretation of its own regulations entitled to deference). Although this Circuit has not applied this standard specifically to categorical exclusions under NEPA, several other circuits have. See West Houston Air Comm. v. FAA, 784 F.2d 702, 705 (5th Cir.1986) (<HOLDING>); City of Alexandria v. Federal Highway Admin., Options: A. holding that deference is owed to state agencys interpretation of state law B. holding that an agencys interpretation of its own regulations is controlling unless plainly erroneous or inconsistent with the regulation citation and quotation marks excluded C. holding that courts should defer to agencys interpretation of its own regulations if not plainly erroneous or inconsistent with the regulation D. holding that an agencys interpretation of its own regulations is entitled to deference E. holding that deference is owed to an agencys interpretation of its own categorical exclusion regulations so long as that interpretation is not plainly erroneous or inconsistent with the regulation

assistant: The best answer is E. holding that deference is owed to an agencys interpretation of its own categorical exclusion regulations so long as that interpretation is not plainly erroneous or inconsistent with the regulation
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 Senior Representative, on behalf of itself and each Senior Secured Party under the Senior Facility for which it is acting, each Second Priority Representative, on behalf of itself, and each Second Priority Debt Party under its Second Priority Debt Facility, agrees that it will take such further action and shall execute and deliver such additional documents and instruments (in recordable form, if requested) as the other parties hereto may reasonably request to effectuate the terms of, and the Lien priorities contemplated by, this Agreement.

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 case excerpt and choose the best holding from the options. Case excerpt: to be uncontested that Officer Watson's pepper spray was still snapped and secured on his belt after the incident. 27 .See Spring, 479 U.S. at 576-77, 107 S.Ct. at 858-59 (citing Moran, 475 U.S. at 422, 106 S.Ct. at 1141) (for a Miranda waiver to be valid, police are not required to supply information that would merely affect the wisdom of the waiver); State v. Kaahanui, 69 Haw. 473, 747 P.2d 1276, 1281 (1987) (the Miranda rights waiver is calibrated "to ensure the voluntary and knowing nature of the waiver, not its ultimate wisdom”); State v. Norfolk, 221 Neb. 810, 381 N.W.2d 120, 127 (1986) ("In reference to a waiver of the rights designated in the Miranda warning, intelligent is not synonymous with prudent, and intelligence is not equated with wisdom.”) (citation omitted); 3 (1988) (<HOLDING>); State v. Domagalski, 127 Wis.2d 563, 378 Options: A. holding request to lie down and think about what happened not a clear invocation of the right to silence B. holding a suspects request for some time to think alone was not an invocation of the right to silence C. holding that juveniles request for parent is invocation of fifth amendment rights D. holding defendants request to lay down and think about what happened did not constitute invocation of right to silence as not every break in questioning compels renewed administration of the miranda warnings E. holding a juveniles request to speak to a probation officer is not a per se invocation of fifth amendment rights

assistant: The best answer is A. holding request to lie down and think about what happened not a clear invocation of the right to silence
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 capitalized terms used herein as defined terms and not defined herein shall have the meanings given to them in Annex A to the Indenture or the Series 2017-VFN Supplement, as applicable, each as in effect on the date of this Agreement and as it may be amended or otherwise modified from time to time. Each capitalized term defined herein shall relate only to the Series 2017-VFN Notes and to no other Class of Notes issued pursuant to the Indenture.

assistant: Definitions
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: asserts that the district court improperly applied the standard- — adopted by the majority of circuits but not yet addressed by this court — for “newly available” evidence, it is clear from the record that the c 1448-49 (7th Cir.1995) (same); United States v. Glover, 21 F.3d 133, 138 (6th Cir.1994) (same); United States v. Muldrow, 19 F.3d 1332, 1339 (10th Cir.1994) (same); United States v. Dale, 991 F.2d 819, 838-39 (D.C.Cir.1993) (same); United States v. Lockett, 919 F.2d 585, 591-92 (9th Cir.1990) (same); United States v. DiBernardo, 880 F.2d 1216, 1224—25 (11th Cir.1989) (same); United States v. Offutt, 736 F.2d 1199, 1202 (8th Cir.1984); United States v. Metz, 652 F.2d 478, 480-81 (5th Cir.1981) (same); but see United States v. Montilla-Rivera, 115 F.3d 1060, 1066 (1st Cir.1997) (<HOLDING>). 3 . Indeed, the court later said that the Options: A. holding that posttrial discovery of asserted newly discovered evidence did not satisfy the requirement that the evidence must be such as with reasonable diligence could not have been discovered and produced at trial B. holding that the defendants evidence did not qualify as newly discovered evidence C. holding that to justify a new trial based upon newly discovered evidence 1 the evidence must have been discovered after trial 2 the failure to discover this evidence must not be attributable to a lack of due diligence on the part of the movant 3 the evidence must not be merely cumulative or impeaching 4 the evidence must be material and 5 the evidence must be likely to produce an acquittal if a new trial is granted D. holding that affidavit from a new witness was not newly discovered evidence because trial counsel knew of the existence of the witness before trial trial counsel with due diligence could have discovered the evidence E. holding that unavailable evidence may constitute newly discovered evidence if the failure to learn of the evidence did not result from the defendants lack of due diligence

assistant: The best answer is E. holding that unavailable evidence may constitute newly discovered evidence if the failure to learn of the evidence did not result from the defendants lack of due diligence
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: Schedule 3.1(l) contains a true and complete list of all insurance policies maintained by Seller or its Affiliates (including the Company) relating to the Company or the Project, and to Seller's Knowledge (i) such insurance is adequate and customary for the business being conducted, (ii) there are no circumstances that have rendered such insurance unenforceable, and (iii) except as set forth on Schedule 3.1(l), there are no outstanding claims (or circumstances that could reasonably be expected to result in claims) under such policies. Neither the Seller nor the Company has received any written notice of cancellation of, premium increase with respect to, or alteration of coverage under, any of such policies. All premiums due and payable on such policies have been paid.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: a printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The execution, delivery and performance by each Loan Party of each Loan Document to which it is a party, and the consummation of the Transactions and the other transactions contemplated hereby (i) do not conflict with or contravene or result in any breach of (a) any applicable material law, (b) such Loan Party’s charter, by-laws or other organizational documents, (c) any material contractual restriction binding on or affecting such Loan Party or any of its subsidiaries (except for such conflicts, contraventions or breaches that would not reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect) or (d) any material order, injunction, writ or decree of any Governmental Authority or any arbitral award to which such Loan Party or any of its subsidiaries is subject, and (ii) will not result in the creation or imposition of any Lien on any asset of any of the Loan Parties, except Liens permitted by the Loan Documents.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Xenetic agrees to pay all expenses (including reasonable attorneys’ fees and legal expenses) paid or incurred by MSM in endeavoring to collect the Obligations, and in enforcing this Agreement. No delay on the part of MSM in the exercise of any rights or remedies shall operate as a waiver thereof, and no single or partial exercise by MSM or any right or remedy shall preclude other or further exercise thereof or the exercise of any other right or remedy.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: IN ANY ACTION, SUIT, OR PROCEEDING IN ANY JURISDICTION BROUGHT BY ANY PARTY AGAINST ANY OTHER PARTY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY, THE PARTIES EACH KNOWINGLY AND INTENTIONALLY, TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, HEREBY ABSOLUTELY, UNCONDITIONALLY, IRREVOCABLY AND EXPRESSLY WAIVE FOREVER ANY RIGHT TO TRIAL BY JURY.

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: he agreed to and intended to commit in furtherance of the conspiracy regardless of whether he ultimately committed the substantive act.” United States v. Jackson, 335 F.3d 170, 181 (2d Cir.2003). Further, an agreement need not be explicit, but may be implied from the totality of the evidence. See United States v. Amato, 15 F.3d 230, 235 (2d Cir.1994). From the evidence already referenced of the men’s intent to establish an ongoing distribution scheme and the fact that VanHoesen distributed over 15 grams of crack in two days, an operation halted only by his arrest on a different charge, a rational jury could find beyond a reasonable doubt that VanHoesen and Conley had tacitly agreed to distribute 50 grams or more of crack. See United States v. Dallas, 229 F.3d 105, 110-11 (2d Cir.2000) (<HOLDING>). Indeed, at the rate VanHoe-sen was selling Options: A. holding that the cwa does not include a remedial scheme sufficient to preclude an ex parte young action B. holding stare decisis does not preclude the court from abolishing the classification scheme C. holding that evidence tending to show knowing participation in the conspiracy is sufficient to sustain conspiracy conviction D. holding that the notion of enterprise conspiracy has largely rendered the old distinction between single conspiracy and multiple conspiracy irrelevant to rico conspiracy charges E. holding that failure to consummate scheme does not preclude conspiracy conviction

assistant: The best answer is E. holding that failure to consummate scheme does not preclude conspiracy conviction
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 Note Party, by its signature below, hereby acknowledges, confirms and agrees that all of the Obligations (whether representing outstanding principal, accrued and unpaid interest, accrued and unpaid fees or any other Obligations of any kind or nature) currently owing by the Issuer under the Note Purchase Agreement and the other Note Documents, as reflected in the books and records of Agent and Purchasers as of the date hereof, are unconditionally owing from and payable by the Issuer, and that the Issuer is indebted to Agent and Purchasers with respect thereto, all without any set-off, deduction, counterclaim or defense. Each Note Party, by its signature below, hereby acknowledges and agrees that it has no actual or potential claim or cause of action against Agent or any Purchaser relating to this Amendment (or any document, agreement or instrument relating hereto), the Note Purchase Agreement or any other Note Document and/or the Obligations arising thereunder or related thereto, in any such case arising on or before the date hereof. As further consideration for the amendments set forth herein, each Note Party, by its signature below, hereby waives and releases and forever discharges Agent and Purchasers, and the officers, directors, attorneys, agents and employees of each, from any liability, damage, claim, loss or expense of any kind originating in whole or in part known to any of the Note Parties on or before the date of this Amendment that any Note Party may now have against Agent or Purchasers or any of them arising out of or relating to the Obligations, this Amendment, the Note Purchase Agreement or the other Note Documents.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall be governed or interpreted according to the internal laws of the State of California without regard to choice of law considerations and all claims relating to or arising out of this Agreement, or the breach thereof, whether sounding in contract, tort, or otherwise, shall also be governed by the laws of the State of California without regard to choice of law considerations.

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 legal provision and list the applicable contract clause categories. Provision: Seller will not enter into any transaction, including, without limitation, any purchase, sale, lease or exchange of property or the rendering of any service, with any Affiliate unless such transaction is (a) otherwise permitted under the Program Agreements, (b) in the ordinary course of Seller’s business and (c) upon fair and reasonable terms no less favorable to Seller than it would obtain in a comparable arm’s length transaction with a Person which is not an Affiliate, or make a payment that is not otherwise permitted by this Section to any Affiliate.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement and the documents referenced herein contain the entire understanding of the Company and the Executive and supersedes all prior or contemporaneous negotiations, correspondence, understandings and agreements between the parties, regarding the subject matter of this Agreement.

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: was presented that J.A.R. would receive more appropriate treatment in a moderate-risk placement than in a low-risk placement. See K.M. v. State, 891 So.2d 619, 620-21 (Fla. 3d DCA 2005) (rejecting trial court’s reasoning that a high-risk placement was more appropriate because the juvenile “was a risk to public safety” where the Department had recommended moderate-risk placement and there was “no evidence that a moderate-risk placement would be insufficient to keep [the juvenile] under control”). The prosecutor’s assertion that a low-risk residential placement could not provide programs to address J.A.R.’s needs did not constitute evidence on which the trial court could rely in the absence of a stipulation by J.A.R.’s counsel. See State v. Brugman, 588 So.2d 279, 279 (Fla. 2d DCA 1991) (<HOLDING>); Leon Shaffer Golnick Adver., Inc. v. Cedar, Options: A. holding that an attorneys unsworn statement does not establish a fact in absence of a stipulation and does not constitute competent evidence B. holding that unsworn pleadings do not constitute proper summary judgment evidence C. holding that hearsay statement did not constitute competent evidence and thus could not be considered in opposition to motion for summary judgment D. holding that probation does not constitute a sentence E. holding that generally an unsworn statement by counsel is not evidence in the context of a batson hearing

assistant: The best answer is A. holding that an attorneys unsworn statement does not establish a fact in absence of a stipulation and does not constitute competent evidence
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 Escrow Agreement may be executed in several counterparts, each of which shall be deemed an original and constitute one and the same instrument. Copies of this executed Escrow Agreement shall have the same effect as an original.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Certificates of insurance evidencing the existence of all insurance required to be maintained by the Borrower pursuant to Section 8.05 and the designation of Administrative Agent as the lender’s loss payees or additional named insured, as the case may be, thereunder.

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: appellant did not preserve his complaint regarding the adequacy of the indictment. A defendant may not complain on appeal of any defect, error, or irregularity of form or substance in an indictment or information if he did not object to the defect, error, or irregularity before trial. Tex. Code Crim. Proc. Ann. art. 1.14(b) (West 2005). Appellant’s pretrial motion to quash did not complain of the indictment’s failure to allege a culpable mental state, and this issue was not raised at the hearing on the motion. If the indictment was defective for this reason, appellant forfeited his right to complain by failing to timely object. See Studer v. State, 799 S.W.2d 263, 268 (Tex.Crim.App.1990). The allegations in the indictment were clear enough to permit appellant to identify the p.1999) (<HOLDING>); Gonzales v. State, 304 S.W.3d 838, 849 Options: A. holding that each subsection of penal code section 22021a1b creates separate offense B. holding that penetration of anus and penetration of sexual organ although found in same subsection of section 22021a1b are separate offenses C. holding that section 3763133 creates a cause of action D. holding that fraud creates an exception to the rule E. holding that touching anus and touching genitals are separate offenses under penal code section 2211a1

assistant: The best answer is A. holding that each subsection of penal code section 22021a1b creates separate offense
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 Award Certificate shall extend to, be binding upon and inure to the benefit of the Participant and the Participant’s legal representatives, heirs, successors and assigns (subject, however, to the limitations set forth in Section 9 with respect to the transfer of this Award Certificate or any rights hereunder or of the Performance Units), and upon the Company and its successors and assigns, regardless of any change in the business structure of the Company, be it through spinoff, merger, sale of stock, sale of assets or any other transaction.

assistant: Binding Effects