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 legal provision and list the applicable contract clause categories. Provision: Lender may sell, transfer or assign all or any portion of its interest or one or more participation interests in the Loan, the Loan Documents, the Guaranty, if any, and the Environmental Indemnity at any time and from time to time, including, without limitation, its rights and obligations as servicer of the Loan. Lender may issue mortgage pass-through certificates or other securities evidencing a beneficial interest in a rated or unrated public offering or private placement, including depositing the Loan Documents, the Guaranty, if any, and the Environmental Indemnity with a trust that may issue securities (the “ Securities ”). Lender may forward to each purchaser, transferee, assignee, servicer, participant or investor in the Loan or in the Securities (collectively, the “ Investor ”) or any prospective Investor or any Rating Agency rating the Securities, all documents and information which Lender now has or may hereafter acquire relating to the Loan, Borrower, Parking Sub, any Liable Party and the Property, whether furnished by Borrower, Parking Sub, any Liable Party or otherwise, as Lender determines necessary or desirable. If Lender securitizes, sells or grants a participation in the Loan, divides the Loan, or otherwise requires Borrower to act in compliance with this Section 10.01, then, as between Lender and Borrower, Lender will pay all of its costs and expenses and will pay the reasonable costs and expenses of Borrower incurred in any such transactions which costs and expenses exceed $5,000 in the aggregate for all such transactions. Notwithstanding the foregoing: (i) Borrower shall not incur costs and expenses in excess of such amount without obtaining the prior written approval of Lender, and (ii) if Lender declines to approve any such reasonable additional costs and expenses, Borrower shall not be in default hereunder for failing to cooperate in a manner which reasonably necessitated such expenses.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: If the Participant incurs a Disability that also constitutes a “disability” within the meaning of Section 409A of the Code prior to the TSR Vesting Date or the FCF Vesting Date, the Participant’s Performance Award shall continue to be eligible to vest in accordance with the performance-based vesting conditions set forth on Exhibit A and Exhibit B, as applicable, regardless of any subsequent termination of service.

assistant: Disability
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: face and as applied to [Wolfe] and [to] all other persons appearing or trying to appear in the courts of California without benefit of counsel, and therefore those statutes are void and of'no effect.” He also seeks an order enjoining enforcement of the statute. The defendants argue that a number of statements in Wolfe’s complaint show that he seeks to bring de facto appeal. They interpret the complaint to challenge: (1) Justice Strankman’s prior refusal to reopen Wolfe’s state case on the constitutionality of the statute; (2) the Superior Court Judge Defendants’ prior refusal to recuse themselves; and (3) the prior judicial determin strating a history of enforcement against oneself and others. See Thomas v. Anchorage Equal Rights Comm’n, 220 F.3d 1134, 1139-40 (9th Cir.2000) (en banc) (<HOLDING>); American-Arab Anti-Discrimination Comm. v. Options: A. holding a court may consider a defendants criminal history even if that history is included in the defendants criminal history category B. holding that the relevant time of inquiry is the date of the filing of the complaint C. holding that the history of enforcement of a statute is relevant to standing and ripe ness inquiry D. holding that plaintiffs lacked standing because the case was not ripe for adjudication E. holding ripe for review letter written by administrative agency construing legislative history of statute

assistant: The best answer is C. holding that the history of enforcement of a statute is relevant to standing and ripe ness inquiry
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: governed by our previous decision in Martin. In Martin, the appellant sought the disqualification of this trial court judge based on the same remarks from the same news article that form the basis of the motion here. There, this court held that the quoted remarks would place a reasonably prudent person in fear of not receiving a fair and impartial hearing. Id. at 364. Therefore, Tyler’s motion was based on legally sufficient grounds. We reject the state’s argument that harmless error principles apply after taking into consideration the actual sentence imposed by the trial court. At the time the motion was made, the sentence was not yet imposed and, thus, Tyler could reasonably be in fear of not receiving a fair sentencing hearing. See Roy v. Roy, 687 So.2d 956, 956 (Fla. 5th DCA 1997)(<HOLDING>). Further, the fact that the written motion was Options: A. holding that although the record of a zoning hearing was closed to further substantive evidence a later board meeting at which counsel offered oral argument constituted the final hearing for purposes of section 9089 B. holding that where perception of bias arose during the hearing then it was proper for counsel to move for disqualification at the hearing and then to later reduce motion to writing to be in compliance with rule C. holding trial court did not err in failing to conduct a hearing on motion for reinstatement when appellants failed to call to the trial courts attention the need for a hearing D. holding that a student has a right to counsel in a university disciplinary hearing where there is a pending criminal charge for the same incident but noting that the attorneys role at the disciplinary hearing is limited to safeguarding the students rights at the criminal proceeding and not to affecting the outcome of the disciplinary hearing E. holding proper for permanency plan to be determined at dispositional hearing

assistant: The best answer is B. holding that where perception of bias arose during the hearing then it was proper for counsel to move for disqualification at the hearing and then to later reduce motion to writing to be in compliance with rule
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: (Ala.1996)).” Glass v. Anniston City Bd. of Educ., 957 So.2d 1143, 1147 (Ala.Civ.App.2006). Additionally, “‘[a] literal interpretation will not be adopted, when it would defeat the purposes of a statute, if any other reasonable construction can be given to the words.’” Limestone County Water & Sewer Auth. v. City d, but nothing in § 26-18-5(b) prevents DHR from filing a petition to terminate parental rights before the 15th month of the child’s stay in foster care. Moreover, once a child in the legal custody of DHR has been in foster care for 15 out of the most recent 22 months, § 26-18 — 5(b) requires DHR to either file the petition or establish that a statutory exception to the mandatory filing requirement exists. See In re Clifford M., 261 Neb. 862, 880, 626 N.W.2d 549, 563 (2001) (<HOLDING>). Section 26-18-5(b) states that DHR “shall” Options: A. holding foster parents not liable for willful act of their foster child B. holding that the trial court did not err in finding that a trust relationship existed between a foster mother and foster child where it found that the child immediately became attached to the foster mother and was confiding in her when she made statements admitted under the hearsay exception C. recognizing that a nebraska statute requires that states juvenile courts to hold exception hearing within 30 days of 15th month child is in foster care D. holding that a child has a 1983 action against the state while in foster care where the state is deliberately indifferent to the likelihood that a foster home is unsafe yet places the child there or allows the child to remain there E. holding that the requirement that an alien appeal a removal order within 30 days is jurisdictional

assistant: The best answer is C. recognizing that a nebraska statute requires that states juvenile courts to hold exception hearing within 30 days of 15th month child is in foster care
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Confidential Information: means all confidential information (however recorded, preserved or disclosed) disclosed by a Party or its Representatives to the other Party and that Party's Representatives including but not limited to: (a) the fact that discussions and negotiations are taking place concerning the Purpose and the status of those discussions and negotiations; (b) the existence and terms of this Agreement;

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Lease shall only become effective and binding upon full execution hereof by Landlord and delivery of a signed copy to Tenant. This Lease may be executed in one or more counterparts, and each of which, so executed, shall be deemed to be an original, and all such counterparts together shall constitute one and the same instrument. This Lease may be executed in so-called “pdf” format and each party has the right to rely upon a pdf counterpart of this Lease signed by the other party to the same extent as if such party had received an original counterpart.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: (finding that the passage of more than two months defeats any retaliatory nexus); Ponticelli v. Zurich Am. Ins. Grp., 16 F.Supp.2d 414, 436 (S.D.N.Y.1998) (finding that a “two-and-a-half month” interval “is hardly the close proximity of time ... for allowing a plaintiff to establish the ‘causal connection’ element” (citation omitted)); see also Hollander v. Am. Cyanamid Co., 895 F.2d 80, 85-86 (2d Cir.1990) (three and a half months insufficient); Yarde v. Good Samaritan Hosp., 360 F.Supp.2d 552, 562 (S.D.N.Y.2005) (“Three months is on the outer edge of what courts in this circuit recognize as sufficiently proximate to . Serv., 180 F.3d 426, 446-47 (2d Cir.1999), abrogated on other grounds by Burlington N. & Santa Fe Ry. Co. v. White, 548 U.S. 53, 126 S.Ct. 2405, 165 L.Ed.2d 345 (2006) (<HOLDING>). Thus, the court should consider a time lapse Options: A. holding that discovery was appropriately tailored as it limited the request to information within a six year time period relating to one specific contract and the deposition of a person most knowledgeable B. holding that a one month delay is acceptable C. holding that the mere possibility of an upward departure beyond one year qualifies a kansas offense as one punishable by imprisonment for a term exceeding one year D. holding abusive acts within one month of receipt of deposition notices may be retaliation for initiation of lawsuit approximately one year earlier E. holding that only one trier of fact should be used for the trial of what is essentially one lawsuit to settle one claim split conceptually into separate parts because of historical developments

assistant: The best answer is D. holding abusive acts within one month of receipt of deposition notices may be retaliation for initiation of lawsuit approximately one year earlier
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 representations and warranties made by the Grantors in this Agreement and in the certificates or other instru ments delivered in connection with or pursuant to this Agreement shall be considered to have been relied upon by the other parties hereto and shall survive the execution and delivery of this Agreement and the making of any loans and issuance of any Letters of Credit, regardless of any investigation made by any such other party or on its behalf and notwithstanding that Secured Party, Issuing Lender, or any Lender may have had notice or knowledge of any Default or Event of Default or incorrect representation or warranty at the time any credit is extended hereunder, and shall continue in full force and effect as long as the principal of or any accrued interest on any loan or any fee or any other amount payable under the Credit Agreement is outstand ing and unpaid or any Letter of Credit is outstanding and so long as the Commitments have not expired or terminated.

assistant: Survival
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 Executive agrees and acknowledges that, except for Base Salary paid to Executive, amounts and awards payable pursuant to this Agreement or any bonus or incentive plan are subject to forfeiture and recoupment and may be cancelled without payment and/or a demand for repayment of any amounts or gains realized may be made upon the Executive in the event of an accounting restatement due to material noncompliance by the Company with any financial reporting requirement under the federal securities laws, or if the Executive engages in conduct that constitutes Cause (including, for the sake of clarity, violation of the Company’s confidentiality, non-compete or non-solicit requirements following Executive’s termination of employment), or as provided in the ESPP, the Equity Plan or any grant agreement, each as may be amended from time to time to comply with legal or regulatory requirements, or as required by law.

assistant: Forfeitures
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: Co., Ltd., 100 F.3d 1353, 1363 (7th Cir. 1996) (noting that where a party could not prove its lost profits with reasonable certainty, summary judgment or judgment as a matter of law may be appropriate). Indeed, in light of the comments above, it does not appear that Shepard has suffered any actual or consequential damages here — aside from the indignity of having his confidences betrayed. A minor complication (which neither party mentions) arises from the fact that Indiana recognizes nominal damages in breach of contract actions. See Am. Fletcher Nat’l Bank & Trust Co. v. Flick, 146 Ind.App. 122, 252 N.E.2d 839, 846 (Ind.Ct.App.1969) (“The law presumes that at least nominal damages result from a harm.”); Smith v. Bruning Enterprises, Inc., 424 N.E.2d 1035, 1037 (Ind.Ct.App.1981) (<HOLDING>). Thus, notwithstanding the policy Options: A. holding that the right to nominal damages was waived in a breach of duty action when plaintiff failed to raise the issue of nominal damages until after the verdict B. holding that nominal damages award was appropriate where the evidence supporting the damages was speculative C. holding that plaintiff waived the right to nominal damages in an excessive force case because nominal damages were not requested until after the verdict D. holding that the first amendment right to free speech is absolute and an award of nominal damages is required even if the defendant fails to object to the nominal damages instruction E. holding that when a jury finds section 1988 liability but fails to award damages nominal damages are available to plaintiff

assistant: The best answer is B. holding that nominal damages award was appropriate where the evidence supporting the damages was speculative
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 notices and other communications hereunder shall be given in writing and shall be deemed to have been duly given and effective (i) upon receipt, if delivered in person or by facsimile, email or other electronic transmission, or (ii) one day after deposit prepaid for overnight delivery with a national overnight express delivery service. Except as expressly provided otherwise in this Note, notices to me may be addressed to my registered email address or to my address set forth above unless I provide you with a different address for notice by giving notice pursuant to this Paragraph, and notices to you must be addressed to WebBank at legal@prosper.com or c/o Prosper Marketplace, Inc., 221 Main Street, Third Floor, San Francisco, CA 94105, Attention: Legal Department.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: his 28 U.S.C. § 2254 petition. We have jurisdiction pursuant to 28 U.S.C. § 2253, and we affirm. Dixon contends that the jury instructions given in his case failed to meaningfully distinguish between premeditated and unpremeditated attempted murder and thereby deprived him of due process. We conclude that the California Court of Appeal’s decision rejecting this claim was not contrary to, and did not involve an unreasonable application of, clearly established federal law as determined by the Supreme Court of the United States. See Wisconsin v. Mitchell, 508 U.S. 476, 483, 113 S.Ct. 2194, 124 L.Ed.2d 436 (1993) (recognizing that federal courts “are bound by a state court’s construction of a state statute”); People v. Osband, 13 Cal.4th 622, 697, 55 Cal.Rptr.2d 26, 919 P.2d 640 (Cal.1996) (<HOLDING>). Accordingly, the district court properly Options: A. holding that with respect to premeditation and deliberation the test is not time but reflection thoughts may follow each other with great rapidity and cold calculated judgment may be arrived at quickly B. recognizing that subject matter jurisdiction can be questioned at any time and with respect to any claim C. holding that summary judgment should be denied where the moving party does not show that there is no genuine dispute as to a material fact with respect to each essential element of the claim D. holding that parties to an arbitration agreement need not equally bind each other with respect to an arbitration agreement if they have provided each other with consideration beyond the promise to arbitrate E. holding statute of limitations is jurisdictional and may be raised at any time but noting other ohio appellate courts have held the statute of limitations is not jurisdictional and may be waived if not asserted at the trial level

assistant: The best answer is A. holding that with respect to premeditation and deliberation the test is not time but reflection thoughts may follow each other with great rapidity and cold calculated judgment may be arrived at quickly
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: Without limiting any of Subscriber’s pre-existing confidentiality obligations, Subscriber shall not, for a period of one year following the date hereof, without the Company’s prior written consent, disclose to any other person or entity the nature, extent or fact that Subscriber is entering this Agreement or the terms and conditions hereof, or any information Subscriber may receive in connection with this Agreement (in each case to the extent the Company has communicated the confidentiality thereof) other than (a) pursuant to the order of any court or administrative agency or in any pending legal or administrative proceeding, or otherwise as required by applicable law or compulsory legal process (in which case Subscriber agrees, to the extent practicable and not prohibited by applicable Law, to inform the Company promptly thereof prior to such disclosure), (b) upon the request or demand of any regulatory authority having jurisdiction over Subscriber, (c) to the extent that such information is or becomes publicly available other than by reason of disclosure by Subscriber in violation of this Agreement, or (d) to Subscriber’s Affiliates and to Subscriber’s and its Affiliates’ employees, legal counsel, independent auditors and other agents (collectively “representatives”) who need to know such information and who are informed of the confidential nature of such information and are or have been advised of their obligation to keep information of this type confidential. Subscriber will cause all of its and its Affiliate’s representatives to comply with the confidentiality provisions of this Agreement as fully as if they were a party hereto and will be responsible for a breach of the confidentiality provisions of this Agreement by any such representatives.

assistant: Confidentiality
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: violent felonies for purposes of the ACCA. 440 F.3d 1267, 1275-76 (11th Cir.2006). Likewise here, we reject Crews’s argument that the district court violated the S 180-month sentence was substantively unreasonable under the sentencing factors in 18 U.S.C. § 3553(a) because it was greater than necessary to achieve the goals in § 3553(a)(2), given that his criminal history was non-violent and involved non-residential burglaries. Again, the judge sentenced Crew to the minimum required under the ACCA and Crews does not assert that an exception to the ACCA minimum sentence applies here. The district court did not err because it lacked any discretion to use the § 3553(a) factors to vary downward from the minimum sentence. See United States v. Gomes, 621 F.3d 1343, 1346 (11th Cir.2010) (<HOLDING>). Upon review of the record and consideration Options: A. holding that when no statutory exception applies the district court lacks the authority to impose a sentence less than the statutory mandatory minimum B. holding that a district court commits reversible error when it sentences a defendant to less than the statutory minimum where no exception to the mandatory minimum applies C. holding that purported calculation error in mandatory minimum was harmless because challenged sentence was 60 months longer than presumed minimum and was imposed according to guidelines without reference to statutory minimum D. holding that even if the minimum mandatory exceeds the statutory maximum the court must impose the minimum mandatory E. holding that there is simply no booker error where a defendant was sentenced to the statutory minimum sentence

assistant: The best answer is B. holding that a district court commits reversible error when it sentences a defendant to less than the statutory minimum where no exception to the mandatory minimum applies
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: the currency that is sold by noe via nintendo shopping services for use in a digital product or any other digital item that you may acquire within a digital product ( the `` virtual items '' ) is made available to you as a digital content in the form of a license ( right ) to trade or exchange for other digital content within the digital product .

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 closing of the purchase and sale of the Purchased Loans (the “ Closing ”) will take place on the business day on which the Effective Time (as defined below) occurs (such business day, the “ Effective Date ”) or such date and time after the Effective Date as shall be mutually agreed to by the Parties (the “ Closing Date ”). The Closing will take place at the offices of the Company or such other place as shall be mutually agreed to by the Parties. Each Seller’s obligations under this Agreement shall terminate on the date that is ten (10) Business days following the date of this Agreement (or such later date as may be agreed in writing by all Sellers).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Not create or suffer to exist any pledge, security interest, hypothecation, assignment, encumbrance, or lien (collectively, a “Lien”) on any of the collateral pledged under the Security and Pledge Agreement other than those Liens which are subordinate to the liens granted under the Security and Pledge Agreement.

assistant: Liens
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 BOLA’s findings are supported by substantial evidence, we must first determine what constitutes substantial evidence to support an administrative agency decision. Relying on §24.7.312, ARM, Village Health argues that, in unemployment compensation hearings, evidence is admissible if reasonable people would rely on it in conducting their serious affairs and that the statutory rules of evidence do not govern. We disagree. As we have previously explained, “[although the Rules of Evidence are generally more relaxed in an administrative proceeding than in a court of law, they are not to be relaxed to the point of disregarding due process of law and the fundamental rights of the individual.” Matter of Teaching Certificate of Thompson (1995), 270 Mont. 419, 427, 893 P.2d 301, 305-06 (<HOLDING>). Consequently, as we explained in Thompson, we Options: A. holding that an administrative agencys decision may not be based upon inadmissible expert opinion B. holding that an expert opinion on a question of law is inadmissible C. holding that lay witness opinion as to guilt of defendant inadmissible D. holding that a courts role in reviewing an administrative agency decision is limited to determining if there is substantial evidence in the record as a whole to support the agencys findings and conclusions and to determine if the administrative decision is premised upon an erroneous conclusion of law E. holding that judicial review of an administrative agencys decision is limited solely to whether given the relevant standard and facts the agencys decision was arbitrary illegal capricious or unreasonable

assistant: The best answer is A. holding that an administrative agencys decision may not be based upon inadmissible expert 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: in their own behalf to establish that their co-defendant, Winn-Dixie, had the primary responsibility for any negligence — not G & I or Equity One. Respondents contend that trial counsel’s testimony will be adverse to his own client insofar as she is claiming negligence on their part. In Arcara, we quashed an order of disqualification because the opposing party, rather than the client, intended to call the lawyer as a witness. 574 So.2d at 326. “The requirement that a lawyer withdraw when he expects to be a witness was not intended to permit an opposing party to call him as a witness and disqualify him from serving as counsel.” AlliedSignal Recovery Trust v. AlliedSignal, Inc., 934 So.2d 675, 680 (Fla. 2d DCA 2006); see also Devins v. Peitzer, 622 So.2d 558, 558 (Fla. 3d DCA 1993) (<HOLDING>). A conflict requiring disqualification, Options: A. holding that counsel was not deficient in failing to call a witness where the defendant never provided the witnesss name to counsel and no evidence existed that counsel had any notice of the witnesss identity B. holding that an adverse inference cannot be drawn from a defendants failure to call a witness if the states evidence establishes that the witness is an accomplice who would be entitled to assert a fifth amendment privilege C. holding that the failure of defense counsel to call a corroborating witness resulted in prejudice to the defendant D. holding that the clients right to its chosen counsel superseded the opposing partys right to call that counsel as a witness when there were other witnesses available to testify to the same facts E. holding that defendants announced intention to call plaintiffs counsel as a witness is not a basis for disqualification

assistant: The best answer is E. holding that defendants announced intention to call plaintiffs counsel as a witness is not a basis for disqualification
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: date of sentencing. See United States v. Labeille-Soto, 163 F.3d 93, 99 (2d Cir.1998) (“If the defendant has completed his state prison term before the federal sentence is imposed, § 5G1.3 does not apply, and his federal prison term cannot be imposed concurrently.”). While not technically incarcerated at the time of his sentencing, Scott nonetheless argues that his term of term of imprisonment was not “discharged” because New York law defines parole as a part of the sentence of imprisonment. See New York Penal Law § 70.40(l)(a) (“Release on parole shall be in the discretion of the state board of parole, and such person shall continue service of his or her sentence or sentences while on parole, in accordance with and subject to the provisions of the executive law and the c Cir.1996) (<HOLDING>); United States v. Ramirez, 252 F.3d 516, 519 Options: A. holding the iad was not applicable to a prisoner who had been sentenced but was incarcerated in a local jail or holding facility while awaiting transfer to the assigned penal institution B. holding that because the defendant was not imprisoned incarcerated in a penal institution when he was sentenced he was not subject to an undischarged term of imprisonment and could not invoke 5g13 C. holding that the concurrent sentencing requirement of 5g13b is only triggered when there is an undischarged term of imprisonment at the time of sentencing D. holding that 3584a allows the district judge to specify the sequence of service of terms of imprisonment only when sentences are imposed at the same time or the other sentence is an undischarged term of imprisonment to which the defendant is already subject E. holding that a term of imprisonment begins at the time a prisoner is sentenced

assistant: The best answer is B. holding that because the defendant was not imprisoned incarcerated in a penal institution when he was sentenced he was not subject to an undischarged term of imprisonment and could not invoke 5g13
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: have implied, though not stated directly, that the Remmer presumption is clearly established federal law under AEDPA, meaning state courts must apply the Remmer presumption to avoid running afoul of the federal Constitution. See Moore v. Knight, 368 F.3d 936, 942-43 (7th Cir.2004) (stating in a post-AEDPA habeas case reviewing a state court conviction, “The post-conviction court’s finding that there was no prejudice was especially unreasonable due to the fact that a presumption of prejudice applies in situations where ex parte communications were made to the jury by a third party”); see also Wisehart, 408 F.3d at 326-28 (noting in a post-AEDPA habeas case that the State must carry the burden of showing harmlessness in a Remmer hearing); Whitehead v. Cowan, 263 F.3d 708 (7th Cir.2001) (<HOLDING>). In Wisehart v. Davis, for instance, we Options: A. holding in a postaedpa habeas case that the remmer presumption did not apply due to the innocuous nature of an intrusion upon a jury implying that the remmer presumption could apply in the habeas context B. holding that the remmer presumption did not apply where the communication was innocuous and the defendant had failed to present evidence that the communication was prejudicial C. recognizing presumption D. recognizing a remmer presumption but noting that sometimes the circumstances are such that the remmer presumption does not even apply E. holding in 2254d context that the state court did not unreasonably apply remmer in concluding wolfe failed to show that a jurors numerous telephone conversations during the course of jury deliberations constituted an impermissible external jury influence

assistant: The best answer is A. holding in a postaedpa habeas case that the remmer presumption did not apply due to the innocuous nature of an intrusion upon a jury implying that the remmer presumption could apply in the habeas context
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: subsidiary of Astoria Federal. See 12 U.S.C. § 1464(d)(7)(D) ("[I]f a savings association, a subsidiary thereof, or any savings and loan affiliate or entity ... that is regularly examined or subject to examination by the Director, causes to be performed for itself, by contract or otherwise, any service authorized by this chapter ... whether on or off its premises — (i) such performance shall be subject to regulation and examination by the Director to the same extent as if such services were being performed by the savings association on its own premises ...”); see also 12 C.F.R. 559.3(n)(1) ("State law applies to operating subsidiaries only to the extent it applies to [a federal savings and loan association]."); cf. State Farm Bank v. Reardon, 539 F.3d 336, 345-46 (6th Cir.2008) (<HOLDING>); accord State Farm Bank, F.S.B. v. Burke, 445 Options: A. holding in non 17200 case that the exclusive remedy for violations of the state and federal wage and hour laws is flsa B. holding that hola preemption does not apply to wells fargo because it is not a federal savings association C. holding that congress use of requirement evinced an intent for broad preemption of state tort laws D. holding that removal is proper based on complete preemption only when congress intended the federal cause of action to be exclusive E. holding that hola preemption applies to state laws targeting the activities of exclusive agents of federal savings associations

assistant: The best answer is E. holding that hola preemption applies to state laws targeting the activities of exclusive agents of federal savings associations
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: important to balance the duty to assist against the futility of requiring VA to develop claims where there is no reasonable possibility that the assistance would substantiate the claim. For example, wartime service is a statutory requirement for VA [NSC] pension benefits. Therefore, if a veteran with only peacetime service sought pension, no level of assistance would help the veteran prove the claim; and if VA were to spend time developing such a claim, some other veteran’s claim where assistance would be helpful would be delayed. 146 CONG. REC. S9212 (daily ed. Sept. 25, 2000) (statement of Sen. Rockefeller). Thus, because the law as mandated by statute, and not the evidence, is dispositive of this claim, the VCAA is not applicable. See Smith (Claudus) v. Gober, 14 Vet.App. 227 (2000) (<HOLDING>), aff'd, 281 F.3d 1384 (Fed.Cir.2002); Sabonis, Options: A. holding that where payment toward judgment was for less than the total amount of principal and interest owed that payment then did not terminate the accrual of interest on the remaining principal B. holding that applicants for welfare benefits had a property interest or legitimate claim of entitlement and were entitled to due process to protect that interest C. holding that vcaa did not affect federal statute that prohibits payment of interest on past due benefits D. holding that vcaa did not affect issue of whether federal statute allowed payment of interest on pastdue benefits E. holding that 1322b2 prohibits modification of the interest rate on the loan on the debtors principal residence

assistant: The best answer is C. holding that vcaa did not affect federal statute that prohibits payment of interest on past due benefits
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: “at any time before the jury returns a verdict or the court finds the accused guilty or not guilty, provided the amendment does not change the nature or character of the offense charged.” Code § 19.2-231 (emphasis added). Code § 19.2-231 “is remedial in nature and is to be liberally construed in order to achieve the laudable purpose of avoiding further unnecessary delay in the criminal justice process by allowing amendment, rather than requiring reindictment by a grand jury.” Powell, 261 Va. at 533, 552 S.E.2d at 356. Nevertheless, “[t]he limitation on amendment to indictments in Code § 19.2-231 to amendments that do not change the nature or character of the offense is clearly intended to protect the defendant from being deprived of notice of the offense charged.” Rawls v. Comm 03, 704 (<HOLDING>). And, conversely, if the amendment changed the Options: A. holding that the nature or character test set forth in code 192231 applies to both indictments and warrants and that since the amendment at issue in the case did not change the nature or character of the offense charged the trial court did not err in allowing the trial to proceed on the amended warrant B. holding that in determining whether a crime is a continuing offense the court must focus on the nature of the substantive offense and not on the specific characteristics of the conduct in the case at issue C. holding that the amendment of the indictment was permissible under the statutory predecessor to code 192231 because the amendment did not within the meaning of the statute change the nature of the offense charged in the original indictment D. holding that the amendment made to the indictment in this case was not authorized by code 192231 because the amended indictment materially changed the nature of the offense originally charged E. holding that issue is preserved if the objections at the trial were sufficiently specific to notify the trial court at the time of the nature and character of the objections and the reasons for them

assistant: The best answer is A. holding that the nature or character test set forth in code 192231 applies to both indictments and warrants and that since the amendment at issue in the case did not change the nature or character of the offense charged the trial court did not err in allowing the trial to proceed on the amended warrant
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 Parent Entity will, and will cause each of its Material Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect (i) its legal existence, and (ii) the rights, licenses, permits, privileges and franchises material to the conduct of its business, except, in the case of the preceding clause (ii), to the extent that the failure to do so could not reasonably be expected to have a Material Adverse Effect; provided that the foregoing shall not prohibit any transaction permitted under Section 6.04.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: confirmation and invoice contained a reference to the CDW Terms and Policies or Terms and Conditions, and that BVS received 269 order confirmations, 363 shipping confirmations and 363 invoices from CDW since 2007). The parties’ course of dealing makes it clear that the Terms and Conditions apply to any transaction or agreement that the parties entered into. See Avedon Eng’g, Inc., 112 F.Supp.2d at 1094 (stating that prior course of dealing “is important to evaluate” in determining whether additional terms materially alter the contract). The court finds that, because BVS and CDW have completed hundreds of transactions incorporating the Terms and Conditions, BVS has failed to show that it was surprised by the Terms and Conditions. See All-Iowa Contracting Co., 296 F.Supp.2d at 979 (<HOLDING>); Avedon Eng’g, Inc., 112 F.Supp.2d at 1094 Options: A. holding that the burden is on the plaintiff B. holding that the plaintiff could not show surprise when the plaintiff had received the additional terms from the defendant prior to the agreement C. holding that the statute of limitations began to run when the plaintiff first received notice of an alleged deficiency from the irs not when he received a final determination of tax liability D. holding that the defendant though not a party to the prior litigation could assert collateral estoppel defensively to preclude the plaintiff from relitigating factual issues that the plaintiff had previously litigated and lost E. holding that the plaintiff had offered insufficient evidence to establish deliberate indifference in a failuretotrain claim in part because the plaintiff did not present evidence that the training received was inadequate or evidence of any specific additional training that the employees should have received

assistant: The best answer is B. holding that the plaintiff could not show surprise when the plaintiff had received the additional terms from the defendant prior to the agreement
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 any portion of the twenty percent contingent fee arrangement? In its panel opinion, the Veterans Court ruled that under New York law the termination extinguished Mason’s right to a contingent fee. The en banc court, however, vacated the panel decision when it granted rehearing en banc. Ordinarily state law controls the attorney-client relationship. See Baird v. Koerner, 279 F.2d 623 (9th Cir.1960). Here, however, a federal statute provides for and governs the twenty percent contingent fee arrangement and the Secretary’s payment of the fee to the attorney out of the proceeds of the past benefits awarded. In that situation, should not federal rather than state law govern those aspects of the relationship? Cf. Howard v. Lyons, 360 U.S. 593, 597, 79 S.Ct. 1331, 3 L.Ed.2d 1454 (1959) (<HOLDING>). Of course, such federal standards may reflect Options: A. holding that the rights and duties of the united states on commercial paper which it issues are governed by federal law and that in the absence of an applicable act of congress it is for the federal courts to fashion the governing rule of law according to their own standards B. holding that the burden is on the defendants to establish the existence of absolute legislative immunity C. holding that the validity of government officials claim of absolute immunity for statement allegedly defamatory under state law must be judged by federal standards to be formulated by the courts in the absence of legislative action by congress D. holding that private rights of action to enforce federal law must be created by congress courts may not create a cause of action absent statutory intent E. holding that ejxcept in matters governed by the federal constitution or by acts of congress the law to be applied in any case is the law of the state

assistant: The best answer is C. holding that the validity of government officials claim of absolute immunity for statement allegedly defamatory under state law must be judged by federal standards to be formulated by the courts in the absence of legislative action by congress
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: 5.1 airbnb may , at its sole discretion , enable members to ( i ) create , upload , post , send , receive and store content , such as text , photos , audio , video , or other materials and information on or through the airbnb platform ( `` member content '' ) ; and ( ii ) access and view member content and any content that airbnb itself makes available on or through the airbnb platform , including proprietary airbnb content and any content licensed or authorized for use by or through airbnb from a third party ( `` airbnb content '' and together with member content , `` collective content '' ) .

assistant: None