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: that other creditor groups had endorsed the proposed Plan, could easily have prompted an even higher-than-usual degree of inattentiveness or inaction among affected creditors in these cases. Furthermore, many creditors may simply have assumed that a package that related to the Debtors’ bankruptcy case must have related only to their dealings with the Debtors and would not affect their claims against other parties. Charging all inactive creditors with full knowledge of the scope and implications of the proposed third party releases, and implying a “consent” to the third party releases based on the creditors’ inaction, is simply not realistic or fair, and would stretch the meaning of “consent” beyond the breaking point. See In re Washington Mut. Inc., 442 B.R. 314, 355 (Bankr.D.Del.2011) (<HOLDING>). As to creditors and interest holders who were Options: A. holding that 24 hours is sufficient time for a plaintiff to review release B. holding that inaction was not a sufficient manifestation of consent to support a release C. holding that when a contract is signed by one party but not the other the manifestation of consent by the nonsigning party is sufficient to bind that party D. holding that inclusion of a general release was merely a suggestion of how to terminate the lawsuit and that acceptance was not qualified on use of the specific release and party was willing to discuss the terms of a release E. holding that the testimony of an obligor as to amount of payments was sufficient evidence to support findings of actual support paid

assistant: The best answer is B. holding that inaction was not a sufficient manifestation of consent to support a release
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: or furnished,” (2) “by any health care provider” (3) “for, to, or on behalf of a patient ” (4) “during the patient’s ” (a) “medical care,” (c) “treatment,” or (c) “confinement ” Id. § 74.001(a)(10) (emphasis added). Here, the Ramoses’ cause of action for negligent infliction of emotional distress for the mishandling of the remains of their unborn child, which actually occurred after Mrs. Ramos had already received properly administered medical treatment, is not one seeking to establish liability for a “medical” injury to either the unborn child or to Mrs. Ramos as patients. Their claim does not concern “treatment” or “lack of treatment.” The Ramoses are not seeking medical-liability damages for a “claimed departure from accepted standards” of “medical care” o .3d 658, 663-64 (Tex.2010) (<HOLDING>), and Diversicare General Partner, Inc. v. Options: A. holding that a general acute care hospital may not delegate its duty to provide physicians for emergency room care because the law imposes a duty on hospital to provide that health care B. holding that claim that hospital provided inadequate supervision leading to patients sexual assault by another patient constituted health care liability claim C. holding that claim against hospital regarding patients fall caused by defective footboard on hospital bed constituted health care liability claim D. holding that a patient who broke his leg in a fall while going from his hospital bed to the bathroom was not required to present expert testimony regarding the standard of care E. holding that because the trial court did not abuse its discretion in finding the expert report adequate as to the vicarious liability claim against the hospital based on the actions of the doctors plaintiffs suit against the hospital including her claim that the hospital was vicariously hable for the actions of its nurses could proceed

assistant: The best answer is C. holding that claim against hospital regarding patients fall caused by defective footboard on hospital bed constituted health care liability claim
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 issuance of RSUs (and the shares underlying the RSUs) pursuant to this Agreement shall be subject to, and shall comply with, any applicable requirements of any foreign and U.S. federal and state securities laws, rules and regulations (including, without limitation, the provisions of the Securities Act of 1933, as amended, the 1934 Act and in each case any respective rules and regulations promulgated thereunder) and any other law or regulation applicable thereto. The Company shall not be obligated to issue this RSU or any of the shares pursuant to this Agreement if any such issuance would violate any such requirements.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: in connection with registering for and using the service , you agree ( i ) to provide accurate , current and complete information about you and/or your organization as requested by duolingo ; ( ii ) to maintain the confidentiality of your password and other information related to the security of your account ; ( iii ) to maintain and promptly update any registration information you provide to duolingo , to keep such information accurate , current and complete ; and ( iv ) to be fully responsible for all use of your account and for any actions that take place through your account .

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: in which a parent would not have the benefit of appealing a change in permanency plan prior to the initiation of a TPR proceeding. We recall father’s contention that permitting the Department to proceed with a TPR case without a change in permanency plan violates his due process rights. We disagree. Here, both FL § 5-525.1(a) and FL 5-525.1(b) contemplate independent action on the Department’s or child placement agency’s part on behalf of the best interests of the child. Neither statute requires a change in permanency plan as a condition precedent to the filing of a TPR. Furthermore, a parent’s right to appeal an interlocutory order changing the permanency plan to adoption must always be balanced against the best interests of the child. See Jayden G., 433 Md. at 72, 70 A.3d 276 (<HOLDING>). The best interests of the child is the Options: A. holding that it is well settled that there is no constitutional right to an appeal B. holding that there is no constitutional right to appeal a criminal conviction C. holding that the unavailability of appellate review of an order appointing a permanency guardian does not violate due process given the existence of additional procedural safeguards affording notice and an opportunity to be heard as well as the right to petition to terminate the guardianship and stating that there is no constitutional right to appeal in any event D. holding that the right to drive is not a fundamental right E. holding that although there is a right to appeal a change in permanency plan that right is not absolute and does not require the stay of a tpr proceeding

assistant: The best answer is E. holding that although there is a right to appeal a change in permanency plan that right is not absolute and does not require the stay of a tpr proceeding
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Upon receipt or delivery by the Company of any notice in accordance with the terms of this Note, unless the Company has in good faith determined that the matters relating to such notice do not constitute material, non-public information relating to the Company or any of its Subsidiaries, the Company shall within one Trading Day after any such receipt or delivery publicly disclose such material, non-public information on a Current Report on Form 8-K or otherwise. In the event that the Company believes that a notice contains material, non-public information relating to the Company or any of its Subsidiaries, the Company so shall indicate to the Holder contemporaneously with delivery of such notice, and in the absence of any such indication, the Holder shall be allowed to presume that all matters relating to such notice do not constitute material, non-public information relating to the Company or any of its Subsidiaries. If the Company or any of its Subsidiaries provides material non-public information to the Holder that is not simultaneously filed in a Current Report on Form 8-K and the Holder has not agreed to receive such material non-public information, the Company hereby covenants and agrees that the Holder shall not have any duty of confidentiality to the Company, any of its Subsidiaries or any of their respective officers, directors, employees, Affiliates or agents with respect to, or a duty to any of the foregoing not to trade on the basis of, such material non-public information.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as disclosed in the Buyer SEC Documents, Buyer and the Buyer Operating Subs maintain insurance coverage with reputable insurers in such amounts and covering such risks as are in accordance with normal industry practice for companies engaged in businesses similar to that of Buyer (taking into account the cost and availability of such insurance).

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: Subject to the terms and conditions set forth herein, Borrower may request the Issuing Bank, and the Issuing Bank agrees, to issue Letters of Credit for its own account or the account of a Wholly Owned Subsidiary, in each case to support payment and performance obligations incurred in the ordinary course of business by Borrower and its Subsidiaries, in a form reasonably acceptable to the Administrative Agent and the Issuing Bank, at any time and from time to time during the Revolving Availability Period ( provided that Borrower shall be a co-applicant, and be jointly and severally liable, with respect to each Letter of Credit issued for the account of a Wholly Owned Subsidiary). The Issuing Bank shall have no obligation to issue, and Borrower shall not request the issuance of, any Letter of Credit at any time if after giving effect to such issuance, the LC Exposure would exceed the LC Commitment or the total Revolving Exposure would exceed the total Revolving Commitments. In the event of any inconsistency between the terms and conditions of this Agreement and the terms and conditions of any form of letter of credit application or other agreement submitted by Borrower to, or entered into by Borrower with, the Issuing Bank relating to any Letter of Credit, the terms and conditions of this Agreement shall control. Borrower, Administrative, Lenders and the Issuing Bank hereby acknowledge and agree that all Existing Letters of Credit shall constitute Letters of Credit under this Agreement on and after the Closing Date with the same effect as if such Existing Letters of Credit were issued by Issuing Bank at the request of Borrower on the Closing Date.

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: With regard to options transactions, Customer understands that some exchange clearing houses have established exercise requirements for the tender of exercise instructions and that options will become worthless in the event that Customer does not deliver instructions by such expiration times. At least two business days prior to the last trading day in the case of long and short positions in options, Customer will give Broker instructions to liquidate, exercise, or allow the expiration of such options, and will deliver to Broker sufficient funds required in connection with exercise. If such instructions or such funds, are not received by Broker prior to the expiration of the option, Broker may permit an option to expire. Customer also understands that certain exchanges and clearing houses automatically exercise some "in-the-money" options unless instructed otherwise. Customer acknowledges full responsibility for taking action either to exercise or to prevent exercise of an option contract, as the case may be; Broker is not required to take any action with respect to an option, including without limitation any action to exercise a valuable option contract prior to its expiration or to prevent the automatic exercise of an option, except upon Customer's express instructions. Customer further understands that Broker also has established exercise cut-off times, which may be different from the times established by the contract markets in clearing houses. In the event that timely exercise and assignment instructions are not given, Customer hereby agrees to waive any and all claims for damage or loss Customer might have against Broker arising out of the fact that an option was or was not exercised. Customer understands that Broker randomly assigns exercise notices to Customers, that all short option positions are subject to assignment at any time, including positions established on the same day that exercises are assigned, and that exercise assignment notices are allocated randomly from among all Customers' short option positions which are subject to exercise.

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: waterways.” It is well established that “ ‘an expert’s opinion is of no greater probative value than the soundness of his reasons given therefor will warrant.’ ” Surkovich v. Doub, 258 Md. 263, 272, 265 A.2d 447, 451 (1970) (quoting Miller v. Abrahams, 239 Md. 263, 273, 211 A.2d 309, 314 (1965)). An expert opinion “derives its probative force from the facts on which it is predicated, and these must be legally sufficient to sustain the opinion of the expert.” State Health Dep’t v. Walker, 238 Md. 512, 520, 209 A.2d 555, 559 (1965). See also Jones v. State, 343 Md. 448, 682 A.2d 248 (1996) (expert testimony by police officer that he was able to identify crack cocaine by touch was nothing more than a conclusion); Beatty v. Trailmaster Prods., Inc., 330 Md. 726, 625 A.2d 1005 (1993) (<HOLDING>); Wood v. Toyota Motor Corp., 134 Md.App. 512, Options: A. holding that animal studies can be a proper foundation for an experts opinion but that those opinions must be sufficiently supported by the animal studies on which they purport to rely B. holding that a reliable differential diagnosis alone may provide a valid foundation for a causation opinion even when no epidemiological studies peerreviewed published studies animal studies or laboratory data are offered in support of the opinion C. holding inadmissible auto reconstruction experts opinion that height of bumper on truck was unreasonably dangerous where height complied with industry standards and no scientific studies or emerging consensus supported opinion D. holding that an experts opinion must be based on facts in evidence or within his or her knowledge and that the admission of an experts opinion is reviewed for an abuse of discretion E. holding that an expert opinion on a question of law is inadmissible

assistant: The best answer is C. holding inadmissible auto reconstruction experts opinion that height of bumper on truck was unreasonably dangerous where height complied with industry standards and no scientific studies or emerging consensus supported opinion
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: District, and Rio Linda Elverta Community Water District) who are dismissing their claims as none of their wells were ever contaminated. 55 . In re Methyl Tertiary Butyl Ether (“MTBE”) Prods. Liab. Litig., 175 F.Supp.2d 593, 608 (S.D.N.Y.2001). 56 . Hearing Tr. at 31:1-2. This Court has never definitively ruled that the threat of contamination is a compensable injury. See id. at 50:4-23 (exchange between Richard Wallace, counsel for Shell and on behalf of settling defendants, and the Court). 57 . See Third Supp. Sher Deck ¶¶ 2-10 (discussing past costs incurred in California cases); Second Supp. Summy Deck ¶¶ 3-4 (discussing past costs in Illinois case). 58 . See Plainview Water District v. Exxon Mobil Corp., et al., 856 N.Y.S.2d 502, 2008 WL 220192 (Sup.Ct. Nassau Co. Jan. 9, 2008) (<HOLDING>). 59 . See Hearing Tr. at 35:17-19 (Mr. Sher). Options: A. holding trial court acted within its discretion in excluding expert testimony B. holding that where larzelere claimed that trial counsel was ineffective for failing to call a concrete expert defendant failed to prove prejudice because she failed to show what a concrete expert would have testified to or how testimony would have cast doubt on her guilt C. holding that despite extensive expert testimony plaintiff failed to prove its wells were imminently threatened with mtbe contamination D. holding that plaintiff failed to prove reasonable reliance on a false statement E. holding that the admission of expert testimony was prejudicial where the testimony was pervasive

assistant: The best answer is C. holding that despite extensive expert testimony plaintiff failed to prove its wells were imminently threatened with mtbe contamination
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: is, indeed, the entity the Perez family sued in the instant matter, we conclude that it is entitled to immunity from suit. Alternatively, we conclude the Perez family improperly named the municipality of Columbia County as a defendant in this lawsuit, since the municipality took no actions in the allegedly unconstitutional entry underlying the instant matter. The Perez family appears to dispute that the municipality of Columbia County had no involvement in the March 21, 2007 entry into their home, arguing that Panetta worked for and was an agent of Columbia County, which had an unconstitutional policy of executing bench warrants in the middle of the night. Therefore, they claim, the county is liable under Monell v. Department of Social Services. See 436 U.S. at 691, 98 S.Ct. 2018 (<HOLDING>). The Perez family presents testimony that “the Options: A. holding that punitive damages are not recoverable against municipalities in actions brought pursuant to 42 usc 1983 B. holding that discrimination against a municipal employee could trigger municipal liability under 1983 through official policy or custom C. holding that municipal liability for purposes of claims brought under 42 usc 1983 must stem from an unconstitutional policy or custom rather than simply from respondeat superior D. holding that a claim for municipal liability under 1983 requires inter alia proof of an underlying constitutional violation E. holding that although municipalities are persons within the meaning of 42 usc 1983 no municipal liability lies under that statute unless action pursuant to official municipal policy of some nature caused a constitutional tort

assistant: The best answer is E. holding that although municipalities are persons within the meaning of 42 usc 1983 no municipal liability lies under that statute unless action pursuant to official municipal policy of some nature caused a constitutional tort
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Subject to the express provisions of the Plan, Rule 16b-3 and other applicable laws, the Committee shall have authority, in its discretion, to determine (i) which employees, Consultants, or Directors shall receive an Award, (ii) the time or times when such Awards shall be made, (iii) the type of Awards that shall be made, and (iv) the number of shares or amount of cash to be subject to each Award or the other value of each Award. In making such determinations, the Committee shall take into account the nature of the services rendered by the respective employees, Consultants, or Directors, their present and potential contribution to the Company’s success, and such other factors as the Committee in its sole discretion shall deem relevant.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the facts or issues involved in the case or even a preconceived, but not fixed, notion as to the guilt or innocence of an accused, without more, is insufficient cause for dismissal. Irvin v. Dowd, 366 U.S. 717, 722-23, 81 S.Ct. 1639, 6 L.Ed.2d 751 (1961); United States v. Polan, 970 F.2d 1280, 1284 (3d Cir.1992). Similarly, the mere fact that someone is a member of a certain occupation or organization is not sufficient cause for dismissal, absent a particularized showing of bias. U.S. v. Todman, 117 Fed.Appx. 824, 826 (3d Cir.2004) (non-precedential opinion holding juror’s employment as a legal assistant for an organization representing indigent people was not, in and of itself, a sufficient basis for finding implied bias); United States v. Salamone, 800 F.2d 1216, 1226 (3d Cir.1986) (<HOLDING>). See also United States v. McIntyre, 997 F.2d Options: A. holding that defendants have a right to be present at voir dire B. holding that the jurors failure to remember particular facts inquired about on voir dire and the jurors misunderstanding of voir dire questions do not constitute probable prejudice C. holding that the legislature intended the trial court to be more involved in the voir dire procedure in capital felony cases D. holding that due process clause entitled deathpenaltyeligible defendant to voir dire questioning on racial bias where defendant was accused of interracial crime E. holding that trial court erred in wholesale removal of all members of the national rifle association without individual voir dire questioning

assistant: The best answer is E. holding that trial court erred in wholesale removal of all members of the national rifle association without individual voir dire questioning
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: pertinent charge of aggravated assault, to sentence defendant to life imprisonment without possibility of release before serving twenty-five years. One element in this mandatory sentence was defendant’s probationary status at the time of the crime. See A.R.S. § 13-604.02 (1989). Defendant argues on appeal that this element was improperly established at trial. After the jury was excused, instead of requiring proof of probationary status, the trial judge stated that he had been the sentencing judge for defendant’s probation violation proceeding, and he took judicial notice that defendant was on probation at the time of his crime. Defense counsel did not object. The defendant now argues on appeal that this was error, relying on State v. Lee, 114 Ariz. 101, 105, 559 P.2d 657, 661 (1976) (<HOLDING>), and State v. Hurley, 154 Ariz. 124, 132, 741 Options: A. holding that the proper procedure to prove prior convictions is to offer a certified copy of the conviction B. holding that when an agency fails to follow the proper procedure under the illinois administrative procedure act for the adoption of rules the rule is invalid C. holding that the state had the burden of proving the defendants two prior convictions in order to obtain the felony dui conviction D. holding that the mailing of a certified copy of a remand order to a state court divests federal jurisdiction E. holding that for sentencing purposes the government does not need to allege a defendants prior conviction or prove the fact of a prior conviction where that fact is not an element of the present crime

assistant: The best answer is A. holding that the proper procedure to prove prior convictions is to offer a certified copy of the 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: If any Reviewing Party determines that Indemnitee substantively is not entitled to be indemnified hereunder in whole or in part under applicable law, Indemnitee shall have the right to commence litigation seeking a ruling by the court or challenging any such Determination by such Reviewing Party or any aspect thereof, including the legal or factual bases therefor, and, subject to the provisions of Section 17 , the Company hereby consents to service of process and to appear in any such proceeding. Absent such litigation, any Determination by any Reviewing Party shall be conclusive and binding on the Company and Indemnitee.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the object of which, of course, was to distribute controlled substances. The jury specifically found that Armando conspired to distribute narcotics in sufficient quantities to require imposition of the statutory minimum of 120 months. 5 . Although the government did not file a cross-appeal, we may nonetheless consider its argument that probable cause existed. See United States v. Castillo, 866 F.2d 1071, 1076 n. 2 (9th Cir. 1988) ("[A]n appellee may rely on any argument asserted below in support of the judgment.”). 6 . Because we believe that probable cause exists, we do not reach the government's argument that Armando lacked standing to challenge the search. We may bypass this issue, which is not jurisdictional. See United States v. Spilotro, 800 F.2d 959, 963 (9th Cir.1986) Options: A. holding that the term standing as used in fourth amendment jurisprudence does not present a jurisdictional question B. holding that fourth amendment claims are not cognizable on habeas review because the fourth amendment exclusionary rule does not relate to the accuracy of the factfinding process C. holding that the fourth amendment protects property as well as privacy D. recognizing that the term expense may be used to define disbursements even though the term is used in accrual accounting E. holding that the fourth amendment does not mandate the payment of money by the united states

assistant: The best answer is A. holding that the term standing as used in fourth amendment jurisprudence does not present a jurisdictional question
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: KKR was that it aided and abetted the directors’ and officers’ breaches of fiduciary duty. The district court found that the risk of liability to KKR under this theory was “quite circumscribed.” Nevertheless, the court allocated 25 percent of the settlement and defense costs to Safeway and KKR. Under Nordstrom, that allocation was improper. True, KKR was subject to potential liability independent of Safeway’s directors and officers, not merely the derivative liability that Safeway faced. However, whatever liability KKR might have would be concurrent with the liability of Safeway’s officers and directors: KKR could not be liable for aiding and abetting their breach of fiduciary duty unless the Safeway officers and directors had indeed breached that duty. See Nordstrom, 54 F.3d at 1434 (<HOLDING>). There was no showing that KKR’s potential Options: A. holding that the issue of fraud was precluded because the previous jury necessarily considered fraud as the basis for chapter 93a liability B. holding that whatever direct corporate liability nordstrom had for fraud would be concurrent with director and officer liability since the directors and officers were liable for authorizing the fraud C. holding that an employment relationship allegedly terminated with fraud and malice may open employer to tort liability beyond the bounds of ordinary liability for breach of contract D. recognizing privilege for corporate officers directors and shareholders to influence the actions of their corporation E. holding that under texas law where liability of insured and liability of its agent were related and interdependent court must look to whether agents fraud was covered by policy

assistant: The best answer is B. holding that whatever direct corporate liability nordstrom had for fraud would be concurrent with director and officer liability since the directors and officers were liable for authorizing the fraud
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: Your position is Senior Vice President and General Counsel reporting directly to me. As the Senior Vice President and General Counsel, you will also be a member of Catalent’s Executive Leadership Team and will be located at our Somerset, NJ office.

assistant: Positions
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: produced the 12-year term of imprisonment that Apprendi received; Apprendi’s actual sentence was thus within the range authorized by statute for the three offenses to which he pleaded guilty. .. . The constitutional question, however, is whether the 12-year sentence imposed on count 18 was permissible, given that it was above the 10-year maximum for the offense charged in that count. The finding is legally significant because it increased — indeed, it doubled — the maximum range within which the judge could exercise his discretion, converting what otherwise was a maximum 10-year sentence on that count into a minimum sentence. The sentences on counts 3 and 22 have no more relevance to our disposition than the dismissal of the remaining 18 counts. 11 See Blakely, 124 S. Ct. at 2538 n.8 (<HOLDING>). 12 See former RCW 9.94A.535(2)(i) (“The Options: A. holding that arizona rule of civil procedure 52a requires the court to find only the ultimate facts not the evidentiary facts upon which the ultimate facts are based B. holding that an upward departure based on judges finding of deliberate cruelty violated the sixth amendment when the facts supporting that finding were neither admitted by defendant nor found by a jury C. recognizing judges authority after aggravating facts are found to make a judgment that the facts present a compelling ground for departure from the standard sentence D. recognizing only that the guidelines must be advisory not that judges may find no facts E. holding that the determination whether relevant facts are extraordinary aggravating circumstances is a conclusion of law that remains within the discretion of the trial court if it is based on blakelycompliant or blakelyexempt facts

assistant: The best answer is C. recognizing judges authority after aggravating facts are found to make a judgment that the facts present a compelling ground for departure from the standard sentence
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: 146 L.Ed.2d 389 (2000)). What matters are the holdings of the Supreme Court, not the holdings of lower federal courts. B. Supreme Court Jurisprudence In Cuyler v. Sullivan, the Supreme Court stated that “until a defendant shows that his counsel actively represented conflicting interests, he has not established the constitutional predicate for his claim of ineffective assistance.” 446 U.S. at 350, 100 S.Ct. 1708. In other words, in order to succeed on a claim based on an alleged conflict, there must be a showing of an actual conflict, namely that a defendant’s attorney is representing conflicting interests. Conflicting interests have been recognized by the Supreme Court in a variety of settings. See, e.g., Mickens v. Taylor, 535 U.S. 162, 164-65, 122 S.Ct. 1237, 152 L.Ed.2d 291 (2002) (<HOLDING>); Wood v. Georgia, 450 U.S. 261, 270-72, 101 Options: A. recognizing the conflict B. recognizing a potential conflict of interest when appointed counsel previously represented the murder victim in a separate case C. holding that the defendant was deprived of his sixth amendment right to counsel where appointed counsels representation presented a conflict of interest D. recognizing a potential conflict when defense counsel is currently representing in another matter either the victim of the crime or a prosecution witness E. recognizing conflict

assistant: The best answer is B. recognizing a potential conflict of interest when appointed counsel previously represented the murder victim in a separate case
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 WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS, WITHOUT GIVING EFFECT TO THE CONFLICTS OF LAWS PROVISIONS THEREOF. SC AND YOU AGREE TO SUBMIT ANY ACTION TO ENFORCE THIS AGREEMENT AND ANY OTHER ACTION ARISING OUT OF OR RELATED TO YOUR EMPLOYMENT WITH SC, OTHER THAN AN ACTION FOR INJUNCTIVE RELIEF UNDER SECTION 9 OF THIS AGREEMENT, TO BINDING ARBITRATION UNDER THE LETTER AGREEMENT AND THE ARBITRATION POLICY SET OUT IN EXHIBIT C TO THE LETTER AGREEMENT.

assistant: Jurisdictions
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: not be enough to excuse a party from not reading the Report, these factors in conjunction with the following factors do constitute good cause for finding that the notice was inadequate. First, the dates given for objecting to the proposed abandonment do not coincide with the period to file objections given under Rule 6007. Second, when the first meeting notice containing the future abandonment language was issued, the trustee had yet to examine the debtor. Finally, a determination as to what property would be abandoned was not made until one month after this notice was sent to interested parties. Therefore, the notice contained in Exhibit A is inadequate to act as the equivalent of a motion to abandon property. Accord Killebrew v. Brewer (In re Killebrew), 888 F.2d 1516 (5th Cir.1989) (<HOLDING>). (2) Abandonment Under 11 U.S.C. § 551(c) Even Options: A. holding that notice to the attorney of record constitutes notice to the petitioner B. holding that notice of judgment was insufficient C. holding that a notice of deficiency was invalid where it was the second notice mailed for that year and the taxpayer timely petitioned the court as to the first notice D. holding that the juvenile received inadequate notice of a hearing modifying his probation because he received no notice of the hearing or the reasons for it E. holding that the notice of abandonment contained in the notice of commencement of case was inadequate because it was vague as to what property would be abandoned

assistant: The best answer is E. holding that the notice of abandonment contained in the notice of commencement of case was inadequate because it was vague as to what property would be abandoned
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 hashes for use in its hash-based filtering system was integral to the success of MagnetMix because, without the identifying hashes, Lime Wire’s customers could simply use its P2P software application to illegally download copyrighted content from other users for free, instead of purchasing such content legally through MagnetMix. In light of this commercial rationale for procuring hashes, counter-defendants’ mandatory licensing regime effectively raised the costs for Lime Wire and other retail distributors whose business models relied on hash-based filtering technology, thereby reducing the ability of such distributors to compete effectively with other intrabrand retailers selling counter-defendants’ music. See Primetime 24 Joint Venture v. NBC, 219 F.3d 92, 98, 101-02 (2d Cir.2000) (<HOLDING>). Although “the primary purpose of the Options: A. holding ban violated the sherman act B. holding that same activity violated 2 of the sherman act C. holding that plaintiffs complaint failed to state a claim under section 1 of the sherman act D. holding that coordinated efforts to impose costs upon plaintiff as a way of stifling competition states claim under sherman act E. holding that a plaintiff may state a claim under the sherman act for a defendants enforcement of a patent procured by fraud on the pto where the plaintiff alleges deliberate fraud and the other elements of a monopolization claim under section 2 of the sherman act

assistant: The best answer is D. holding that coordinated efforts to impose costs upon plaintiff as a way of stifling competition states claim under sherman act
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: would be worse than occasional miscarriages of justice.’ ” Alexander, 226 S.W.2d at 998 (quoting Pico v. Cohn, 91 Cal. 129, 25 P. 970, 971 (1891)). To the extent we have expressed an elevated concern for finality of probate judgments, our interest is hardly idiosyncratic. As the United States Supreme Court has held, “[ajfter an estate has been finally distributed, the interest in finality may provide an additional, valid justification for barring the belated assertion of claims,” even if the claims have merit and “even though mistakes of law or fact may have occurred during the probate process.” Reed v. Campbell, 476 U.S. 852, 855-56, 106 S.Ct. 2234, 90 L.Ed.2d 858 (1986) (involving a Texas estate); see also Lalli v. Lalli, 439 U.S. 259, 268, 99 S.Ct. 518, 58 L.Ed.2d 503 (1978) (<HOLDING>). Circumscribing the reach of Options: A. recognizing the disposition of property for charitable purposes can be in the form of an absolute transfer subject to conditions B. holding that bankruptcy court is without jurisdiction to control disposition of chapter 13 debtors property that is not property of the bankruptcy estate unless the property is related to the bankruptcy proceedings of the code C. holding that plaintiffs may have a property interest in real property D. recognizing that a states interest in providing for the just and orderly disposition of property at death is of considerable magnitude E. holding that while death benefits have characteristics of community property the washington legislatures designation of the beneficiaries of the statutory death benefit supersedes characterization of the interest under community property principles

assistant: The best answer is D. recognizing that a states interest in providing for the just and orderly disposition of property at death is of considerable magnitude
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 hereby represents and warrants that it has not hired, retained or dealt with any broker, finder, consultant, person, firm or corporation in connection with the negotiation, execution or delivery of this Agreement or the transactions contemplated hereunder. The Company covenants and agrees that should any claim be made against Purchaser for any commission or other compensation by any broker, finder, person, firm or corporation based upon the Company’s engagement of such person in connection with this transaction or such person introducing the parties hereto, the Company shall indemnify, defend and hold Purchaser harmless from and against any and all damages, expenses (including attorneys’ fees and disbursements) and liability arising from such claim.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Neither Company nor any Subsidiary, nor, to the knowledge of Company, any director, officer, employee, agent, affiliate or representative of Company or any Subsidiary, is an individual or entity that is, or is owned or controlled by any individual or entity that is (i) currently the subject or target of any Sanctions, (ii) included on OFAC’s List of Specially Designated Nationals, HMT’s Consolidated List of Financial Sanctions Targets and the Investment Ban List, or any similar list enforced by any other relevant sanctions authority or (iii) located, organized or resident in a Designated Jurisdiction.

assistant: Sanctions
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: virtual money may be redeemed only for virtual goods and can never be sold , transferred , or exchanged for `` real '' money , `` real '' goods , or `` real '' services from us or anyone else .

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: you acknowledge that any user-generated content that you publish via the nintendo account service or share with other users may be viewed , reproduced , published and/or modified by third parties ( for example , by making a screenshot of such user-generated content ) .

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: shall be paid by the Commonwealth of Pennsylvania.... During the time salary for temporary incapacity shall be paid by the Commonwealth of Pennsylvania ... any workmen’s compensation received or collected by any such employee for such period shall be turned over to the Commonwealth of Pennsylvania ... and paid into the treasury thereof, and if such payment shall not be so made by the employee the amount so due the Commonwealth of Pennsylvania ... shall be deducted from any salary then or thereafter becoming due and owing____ 3 . Act of June 2, 1915, P.L. 736, as amended, 77 Pa. Stat. Ann. §§ 1-1031. 4 . 75 Pa. Cons.Stat. Ann. §§ 1720, 1722. 5 . The District Court also cited City of Pittsburgh v. Workers' Compensation Appeal Board (Williams), 810 A.2d 760, 762 n. 5 (Pa. Cmwlth.2002) (<HOLDING>), to support its reasoning. But City of Options: A. holding that an employee suspended because of the employees participation in an interview concerning her employment problems with a state police department did not impermissibly affect the states interest in the efficiency and performance of the police department and that the employee therefore was entitled to damages arising from the suspension B. holding that even if the plaintiff had asserted a cause of action under the virginia wrongful death act against the city police officers the police officers would be entitled to sovereign immunity C. holding that police officers sued in their official capacity are not liable for a violation of a privacy interest where the police department did not have a policy of deliberately failing to train its officers with respect to the confidentiality of records D. holding police department employees opposition to discrimination by police officers against black citizens did not constitute protected activity under title vii E. holding that the pittsburgh police department did not illegally terminate an officers hla benefits and that the police department was entitled to a subrogation interest against the officers thirdparty settlement

assistant: The best answer is E. holding that the pittsburgh police department did not illegally terminate an officers hla benefits and that the police department was entitled to a subrogation interest against the officers thirdparty settlement
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: Permits and third party approvals necessary or, in the reasonable discretion of Agent, advisable to be obtained by a Credit Party in connection with this Agreement, the other Loan Documents, the consummation of the Acquisition and the continuing operations of Borrower and its Subsidiaries and the transactions contemplated hereby shall have been obtained and be in full force and effect, and all applicable waiting periods shall have expired without any action being taken or threatened by any competent authority which would restrain, prevent or otherwise impose adverse conditions on the Acquisition or the financing contemplated hereby.

assistant: Approvals
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 and provisions of this Agreement (including the Exhibits hereto, all of which are hereby incorporated by reference herein) constitute the entire agreement between the Escrow Agent and the other parties hereto with respect to the subject matter hereof. Notwithstanding the foregoing, as between Pubco and Seller, the terms of the Business Combination Agreement shall control and govern over the terms of this Agreement in the event of any conflict or inconsistency between this Agreement and the Business Combination Agreement (unless there is an express intention otherwise in this Agreement). The actions of the Escrow Agent shall be governed solely by this Agreement.

assistant: Entire Agreements