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: the totality of the evidence would permit a rational jury to find willfulness in this case beyond a reasonable doubt. (1) Cassese’s Background The evidence indicated that Cassese was a sophisticated investor, who traded regularly through seven active brokerage accounts. More important, he was the chief executive officer of a publicly traded corporation, Computer Horizons Corporation. From these background facts, a rational jury could reasonably infer that Cassese possessed, at least, a general awareness that trading on nonpublic information, while not absolutely proscribed, is, nevertheless, strictly regulated. See United States v. Peltz, 433 F.2d 48, 52 (2d Cir.1970) (noting SEC’s zealous policing of insider trading); see also United States v. Dixon, 536 F.2d 1388, 1395 (2d Cir.1976) (<HOLDING>); United States v. Simon, 85 F.3d 906, 911 (2d Options: A. recognizing that determinations of whether there are grounds for equitable tolling are highly fact dependent B. recognizing that jurors are presumed to follow instructions C. recognizing that chief executive of a publicly traded corporation can be presumed to know that public filings are highly regulated D. recognizing that all things are presumed against a wrongdoer E. holding that claims of corporation vest in corporation

assistant: The best answer is C. recognizing that chief executive of a publicly traded corporation can be presumed to know that public filings are highly regulated
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Notwithstanding anything to the contrary in the paragraph entitled Term on page one (1) of the Third Amendment to Lease as hereby amended, Landlord and Tenant desire for the term of this lease to commence on January 1 and end on July 31, 2017 with July 31, 2017 to be the new Expiration Date of the Lease (“Expiration Date”).

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: dated July 23, 2004 that he was arrested by a non-uniformed officer he met with as a result of telephoning the Warrant Unit of the New York City Police Department. Lewis Aff. ¶ 10-11. He does not allege that he was arrested by Agent Mueller. At the time of Plaintiffs arrest, Agent Mueller avers, without dispute, that he was involved in a trial outside of New York and was therefore not present for Plaintiffs arrest. Mueller Decl. ¶ 8. Because Plaintiff has not asserted otherwise, I must find that Agent Mueller was not present at the arrest and thus is entitled to summary judgment on the claim. Furthermore, the warrant pursuant to which Mr. Lewis was arrested was issued by a neutral magistrate, automatically inuring Agent Mueller with qualified immunity. See Golino, 950 F.2d at 870 (<HOLDING>). For Plaintiff to challenge that immunity, he Options: A. holding that an officers mistaken belief that the defendant was speeding was not an objectively reasonable purpose for a traffic stop B. holding that a warrant issued by a neutral magistrate creates presumption that officers belief in probable cause was objectively reasonable C. holding that evidence should not be suppressed if police officers acted in reasonable reliance on a search warrant issued by a detached and neutral magistrate D. holding that a plaintiff must show his belief was objectively reasonable in light of the facts and record presented E. holding that under payton a lesser reasonable belief standard and not probable cause is sufficient to allow officers to enter a residence to enforce an arrest warrant

assistant: The best answer is B. holding that a warrant issued by a neutral magistrate creates presumption that officers belief in probable cause was objectively reasonable
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: care and related services on a continuing inpatient basis to 6 or more individuals. Gil-logly is thus not controlling. The same is true of Milburn v. Life Investors Ins. Co. of Am., 511 F.3d 1285, 1289-91 (10th Cir.2008), and Geary v. Life Investors Ins. Co. of Am., 508 F.Supp.2d 518, 523-25 (N.D.Tex.2007). Because both involved substantially the same policy language as Gillogly, i.e., that the facility be licensed to engage primarily in providing nursing care, they too do not control. Milburn, 511 F.3d at 1291 (under Oklahoma law, “an assisted living center may provide ‘intermittent or unscheduled nursing care’ but is not licensed to engage ‘primarily in providing nursing care and related services to inpatients’ as provided in the plaintiff’s policy”); Geary, 508 F.Supp.2d at 523-25 (<HOLDING>). Finally, Crutchfield ex rel. Crutchfield 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 nursing home patients did not have a property interest in receiving care at a particular facility C. recognizing that a licensed chiropractor is a health care provider competent to testify as a medical expert D. recognizing right to privacy in receipt of health care services to the extent consistent with providing adequate medical care and the safety and good order of the facility E. holding that an assisted living facility licensed to provide personal care was not licensed to engage primarily in providing nursing care

assistant: The best answer is E. holding that an assisted living facility licensed to provide personal care was not licensed to engage primarily in providing nursing 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: Read the case excerpt and choose the best holding from the options. Case excerpt: safety of others or themselves, they do not also need probable cause. See Fisher, 558 U.S. at 47, 130 S.Ct. 546 (stating that the “emergency aid exception,” from Stuart, “requires only an objectively reasonable basis for believing that a person within the house is in need of immediate aid” (emphasis added) (internal quotation marks and citations omitted) (quoting Stuart, 547 U.S. at 406, 126 S.Ct. 19(43 and Mincey, 437 U.S. at 392, 98 S.Ct. 2408)); Stuart, 547 U.S. at 403, 126 S.Ct. 1943 (“The need to protect or preserve life or avoid serious injury is justification for what would be otherwise illegal absent an exigency or emergency.” (quoting Mincey, 437 U.S. at 392, 98 S.Ct. 2408)); Nat’l Treasury Employees Union v. Von Raab, 489 U.S. 656, 665, 109 S.Ct. 1384, 103 L.Ed.2d 685 (1989) (<HOLDING>). See generally, e.g., Roberts, 824 F.3d 1145 Options: A. recognizing that where authorized party consents to search neither a warrant nor probable cause is necessary B. recognizing principle C. holding that designation is neither a sentence nor a punishment D. holding neither a lack of prejudice to the defendant nor the running of the statute of limitations constitutes good cause E. recognizing the longstanding principle that neither a warrant nor probable cause nor indeed any measure of individualized suspicion is an indispensable component of reasonableness in every circumstance

assistant: The best answer is E. recognizing the longstanding principle that neither a warrant nor probable cause nor indeed any measure of individualized suspicion is an indispensable component of reasonableness in every circumstance
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: by using the apps , your access to the internet through your device may be routed through onavo 's servers , which , among other things , may compress the data transmitted and reduce the volume of your downloads and/or uploads , analyze your mobile data usage , or help secure your information , for your benefit .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Guaranty may not be amended except in writing signed by the Requisite Lenders (or all of the Lenders if required under the terms of the Credit Agreement), the Administrative Agent and each Guarantor, subject to Section 13.6. of the Credit Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: is unpersuasive for several reasons. First, article 4590i and the Emergency Medical Service Act do not pertain to the same subject matter. The Emer gency Medical Service Act was enacted for the purpose of facilitating “the most appropriate utilization of the skills of physicians who delegate health care tasks to qualified emergency medical service (EMS) technicians.” Tex. Admin. Code Ann. § 197.1. Article 4590i, on the other hand, was intended to alleviate the “medical malpractice insurance crisis” in Texas by modifying the way in which health care liability claims are administered by the courts. Tex.Rev.Civ. Stat. Ann. art. 4590i § 1.02. Therefore, the Acts have distinctly different purposes and deal with essentially different subject matter. See Lenhard v. Butler, 745 S.W.2d at 105 (<HOLDING>). Second, section 197.5(c) of the Medical Options: A. holding it is inappropriate to utilize provisions of the medical practice act to guide the courts interpretation of article 4590i B. holding the provisions of a comprehensive medical malpractice act unconstitutional C. holding an administrative interpretation cannot change the meaning of a statute or control the courts interpretation of it D. holding that the express provisions of article 4590i exclude the unsound mind tolling provision of texcivprac remcode ann 16001a2 and b E. holding that circuit court should defer to supreme courts interpretation of the act

assistant: The best answer is A. holding it is inappropriate to utilize provisions of the medical practice act to guide the courts interpretation of article 4590i
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 Employer hereby employs the Executive, and the Executive hereby accepts such employment, in each case pursuant to the terms of this Agreement, for the period commencing on October 2, 2017 (the “ Effective Date ”), and ending on the date of termination of the Executive’s employment in accordance with Section 4 hereof (the “ Term ”).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Any notice required or permitted by this Agreement shall be in writing and shall be delivered as follows with notice deemed given as indicated: (i) by overnight courier upon written verification of receipt; or (ii) by telecopy or facsimile transmission upon acknowledgment of receipt of electronic transmission. Notice shall be sent to the addresses set forth below or such other address as either party may specify in writing.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Award Notice shall be construed, administered and governed in all respects under and by the applicable laws of the State of Delaware, excluding any conflicts or choice of law rule or principle that might otherwise refer construction or interpretation to the substantive law of another jurisdiction.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Partnership will use the net proceeds from the sale of Class A Convertible Preferred Units and Warrants under this Agreement to repay or refinance the outstanding indebtedness of the Partnership Entities and for general partnership purposes.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: evidence rather than a preponderance of the evidence. See, e.g., United States v. Mezas de Jesus, 217 F.3d 638, 642 (9th Cir.2000) (requiring proof of sentencing factor by clear and convincing evidence when factor has “extremely disproportionate effect on sentence relative to the offense of conviction”) (quotations omitted). We disagree. We have consistently upheld the use of the preponderance standard at sentencing to calculate a defendant’s base offense level for drug offenses. See, e.g., United States v. Harrison-Philpot, 978 F.2d 1520, 1523 (9th Cir.1992); United States v. Sanchez, 967 F.2d 1383, 1384-85 (9th Cir. 1992). Indeed, we do not regard the increase in Vasquez’s offense level due to his additional drug activity as an “enhancement.” See Harrison-Philpot, 978 F.2d at 1523 (<HOLDING>). Thus, the district court did not err in Options: A. holding that having signed the judgment of conviction the judge thereafter had no authority to increase a legal sentence B. holding that a sixfold increase in sentence involved no enhancement of sentence because harrisonphilpot was charged and convicted of conspiracy the extent of the conspiracy caused the tremendous increase in her sentence C. holding in the ineffectiveassistanceofcounsel context that any increase in a defendants sentence is prejudicial D. holding that district court was not empowered to increase sentence by amending judgment to include a fine of 100 not even the suspension of payment of the fine changed the fact that the sentence was illegally increased E. holding that a federal sentence commences when the attorney general receives the convicted defendant into custody for service of that sentence

assistant: The best answer is B. holding that a sixfold increase in sentence involved no enhancement of sentence because harrisonphilpot was charged and convicted of conspiracy the extent of the conspiracy caused the tremendous increase in her 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: view of the sexual innocence inference theory. Thus, Oatts was required to show that the prior sexual act occurred and that the prior sexual act was sufficiently similar to the present sexual act to give the victim the knowledge to imagine the molestation charge. Here, Oatts failed to show that the prior acts closely resembled those in the present case. Oatts’s attorney did not proffer any evidence that the prior molestation was similar to the current offense. Oatts’s attorney stated that the “similarities of the allegations are very, very close” and the current allegation “is that Mr. Oatts touched [A.S.] while they were in bed together, and in fact Tony touched [A.S.] while she was in bed.” Transcript at 120. However, Oatts did not offer sp c. 244, 683 N.E.2d 188, 192-193 (1997) (<HOLDING>), reh’g denied, appeal denied. II. The next Options: A. holding defendants prior conviction for assault related to sexual abuse of a minor even though it did not require an act of sexual abuse because it required intent to commit sexual abuse and such a mens rea demonstrate the offense was one relating to sexual abuse B. holding that the trial court did not err by excluding the victims earlier reports of sexual abuse because too many sexual details remain unaccounted for after consideration of what defendant hoped to prove with the prior sexual conduct C. holding that sexual harassment need not take the form of sexual advances or other explicitly sexual conduct in order to be actionable under title vii D. holding trial court was proper in admitting a doctors testimony that a delay between the occurrence of an incident of child sexual abuse and the childs revelation of the incident was the usual pattern of conduct for victims of child sexual abuse E. holding that evidence of prior uncharged sexual conduct with the victim is admissible to corroborate the victims testimony

assistant: The best answer is B. holding that the trial court did not err by excluding the victims earlier reports of sexual abuse because too many sexual details remain unaccounted for after consideration of what defendant hoped to prove with the prior sexual conduct
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 properties of the Borrower and its Restricted Subsidiaries are insured with financially sound and reputable insurance companies, in such amounts (after giving effect to any self-insurance reasonable and customary for similarly situated Persons engaged in the same or similar businesses as the Borrower and its Restricted Subsidiaries) with such deductibles and covering such risks and liabilities as are customarily carried by companies engaged in similar businesses and owning similar properties in localities where the Borrower or its Restricted Subsidiaries operate. All insurance maintained by the Group Members is in full force and effect, all premiums have been duly paid, no Group Member has received notice of violation, invalidity or cancellation thereof, and the use, occupancy and operation thereof comply with all Insurance Requirements, and there exists no default under any Insurance Requirement, in each case, except as could not reasonably be expected to result in a Material Adverse Effect.

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: Directly or indirectly, use the proceeds of any Loan, or lend, contribute or otherwise make available such proceeds to any Subsidiary, joint venture partner or other individual or entity, to fund any activities of or business with any individual or entity, or in any Designated Jurisdiction, that, at the time of such funding, is the subject of Sanctions, or in any other manner that will result in a violation by any individual or entity (including any individual or entity participating in the transaction, whether as a Lender, an Arranger, Administrative Agent, or otherwise) of Sanctions.

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 case excerpt and choose the best holding from the options. Case excerpt: regarding the procedural history of that appeal, they are outside the record with respect to the merits of this appeal and are therefore stricken. DECISION Because the summons substantially complied with the applicable rules and statutes, and because the district court did not clearly err in determining that Shamrock complied with the rules regarding service of process, the district court did not err in denying appellants’ motion to dismiss. Affirmed; motion granted. 1 . On appeal from an order, the appellate court may review any other orders affecting the order from which the appeal is taken. Minn. R. Civ.App. P. 103.04. Although the August 30 order is not independently appeal-able, this panel may consider that order. See Rettke v. Rettke, 696 N.W.2d 846, 850 (Minn.App.2005) (<HOLDING>). 2 . Denison Smith was served personally with Options: A. holding that an order denying a motion to vacate a 1782 order and denying a motion to quash the subpoena was immediately appealable B. holding that the appellate court should have construed the notice of appeal from the denial of a motion to vacate the judgment as an attempt to appeal from the underlying judgment C. holding that order denying motion to vacate restitution order should be reversed where trial judge failed to inform defendant of right to appeal D. holding an appeal may be taken from an order denying a motion to compel arbitration E. holding that when an appeal is properly taken from an underlying judgment the court of appeals has discretion to review a subsequent order denying a motion to vacate

assistant: The best answer is E. holding that when an appeal is properly taken from an underlying judgment the court of appeals has discretion to review a subsequent order denying a motion to vacate
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 U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 391 U.S. 352 88 S.Ct. 1502 20 L.Ed.2d 636 Willett WILSONv.CITY OF PORT LAVACA, TEXAS et al. No. 1238. Decided May 20, 1968. Willett Wilson, pro se. PER CURIAM. 1 A three-judge federal court, convened pursuant to 28 U.S.C. § 2281, determined that plaintiff's claim was not 'one which must be heard by a three-judge court.' 285 F.Supp. 85, 87. It also ruled that the relief sought by plaintiff was not warranted. The district judge in whose court the case was originally filed adopted the action of the court as his own. The resulting situation is similar, we think, to that which results when a single judge declines to convene a three-judge court and denies relief: an appeal lies to the appropriate United States Court of Appeals, and not to this Court. Schackman v. Arnebergh, 387 U.S. 427, 87 S.Ct. 1622, 18 L.Ed.2d 865. It does not appear from the record that a protective appeal was lodged in the Court of Appeals, and the time to do so may have expired. Therefore, we vacate the judgment below and remand the case to the District Court so that it may enter a fresh decree from which a timely appeal may be taken to the Court of Appeals. Pennsylvania Public Utility Comm. v. Pennsylvania R. Co., 382 U.S. 281, 282, 86 S.Ct. 423, 15 L.Ed.2d 324. 2 It is so ordered. 3 Judgment vacated and case remanded.

assistant: 9
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: No Employee shall have the right to be selected to receive an award under this Plan, or, having been so selected, to be selected to receive a future award. Participation in this Plan shall not give any Employee the right to participate in any other benefit, stock or deferred compensation plan of the Company or any Affiliate.

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: The Seller (directly or through its Affiliates) has implemented and maintains in effect policies and procedures designed to provide for compliance by the Seller and its directors, managers, officers, employees and agents with Anti-Corruption Laws and applicable Sanctions, and the Seller and its directors, managers, officers and employees and, to the Actual Knowledge of the Seller, its authorized agents, are in compliance with Anti-Corruption Laws and applicable Sanctions. None of (i) the Seller or, to the Actual Knowledge of the Seller, any of its directors, managers, officers or employees, or (ii) to the Actual Knowledge of the Seller, any agent of the Seller that will act in any capacity in connection with or benefit from the transactions contemplated by the Transaction Documents, is a Sanctioned Person. The direct or indirect use of any proceeds of any sale of Receivables hereunder will not result in a violation by any party hereto of any Anti-Corruption Laws or applicable Sanctions.

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 case excerpt and choose the best holding from the options. Case excerpt: § 440.093(3), Fla. Stat. (2006). In this case, it is undisputed that Claimant’s com-pensable physical injury to her arm reached maximum medical improvement on January 9, 2014; that she was receiving impairment benefits based on her twenty-percent permanent impairment rating; that it was not until July 3, 2014, that Claimant obtained an admissible medical opinion that the compensable injury was the major contributing cause of her PTSD; and that the PTSD renders section 440.093(3) to set a strict deadline after which no TTD benefits are payable on psychiatric injuries. The plain language of the statute marks a date on the calendar, or starts a clock that stops six months to the day after the date of physical MMI. See, e.g., Perez v. Rooms To Go, 997 So.2d 511, 512 (Fla. 1st DCA 2008) (<HOLDING>). The JCC drew a contrast between the operative Options: A. holding that although a statute regarding sentencing for firsttime drug offenders was plain obvious and unambiguous in its terms construing the statute by its plain language would be inconsistent with contrary to and illogical in light of the legislatures intent in enacting the statute B. recognizing a court must look beyond the plain language of a statute when the literal interpretation would lead to an absurd result C. holding that in construing statute courts must first look to its plain language D. holding when ordinance language is clear courts must give language its plain meaning E. holding that a court can look beyond the statutory language when plain meaning would compel an odd result

assistant: The best answer is C. holding that in construing statute courts must first look to its plain language
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: Since December 31, 2015, there have been, and there are, no (a) civil, criminal or administrative actions, suits, claims, hearings, arbitrations, investigations or other proceedings pending or, to the knowledge of the Company, threatened against the Company or any of its subsidiaries that (i) relate to the Warrant or Warrant Shares, (ii) challenge the validity or enforceability of the Company’s obligations under this Agreement or the Transaction Documents to which the Company is or will be a party or (iii) would, individually or in the aggregate, reasonably be likely to have a Material Adverse Effect or (b) obligations or liabilities incurred in the ordinary course of business since December 31, 2016, obligations or liabilities of the Company or any of its subsidiaries, except for those that have not had, or would not, individually or in the aggregate, reasonably be likely to have, a Material Adverse Effect. Neither the Company nor any of its subsidiaries is a party to or subject to the provisions of any material judgment, order, writ, injunction, decree or award of any Governmental Entity.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall become effective on the Closing Date and, subject to Section 12.7, shall continue in full force and effect for so long as any Obligations remain outstanding or DPW has any obligation to make Credit Extensions under this Agreement. Notwithstanding the foregoing, DPW shall have the right to terminate its obligation to make Credit Extensions under this Agreement immediately and without notice upon the occurrence and during the continuance of an Event of Default.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Use the proceeds of the Credit Extensions for general corporate purposes not in contravention of any Law or of any Loan Document, including (a) in the case of the Initial Credit Extension, (i) to effectuate the Honeywell Dividend and (ii) to pay fees, costs and expenses in connection with the Transactions and (b) in the case of Credit Extensions under the Revolving Credit Facility on or after the Closing Date, (i) for providing working capital to the Borrower and its Subsidiaries, (ii) for financing Capital Expenditures and Acquisitions and (iii) for other lawful corporate purposes.

assistant: Use Of Proceeds
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: court should be affirmed. BROWN, Ju 458, 172 L.Ed.2d 331 (2008). Because Carter’s trial counsel did not object to the instruction at trial, his appellate counsel would have been required to raise the issue on direct appeal as fundamental error. The Indiana Supreme Court has held that when we consider a claim of fundamental error, “we look to the jury instructions as a whole to determine if they were adequate.” Ringham v. State, 768 N.E.2d 893, 898 (Ind.2002), reh’g denied. Even in cases of “clear Spradlin error,” the Indiana Supreme Court has refused to vacate an attempted murder conviction if “the instructions as a whole sufficiently suggested the requirement of intent to kill.” Williams v. State, 737 N.E.2d 734, 737 (Ind.2000) (citing Ramsey v. State, 723 N.E.2d 869, 873 (Ind.2000)) (<HOLDING>). Here, the instruction first provided that Options: A. holding that the jury instructions taken as a whole sufficiently informed the jury of the states burden of proving that the defendant specifically intended to kill the victim B. holding that if jury instructions viewed as a whole fairly state the applicable law to the jury the failure to give particular instructions will not be error C. holding that although the instruction at issue could have been worded more specifically the jury instructions as a whole did not mislead the jury as to the law D. holding that there was no error where one instruction did not inform the jury that in order to convict defendant of attempted murder the evidence must show that defendant had a specific intent to commit murder but where subsequent instruction did inform jury of this requirement and concluding that the instructions when read as a whole adequately informed the jury of the requirement of specific intent to kill E. holding that the defendant bears the burden of proving outside contact with the jury

assistant: The best answer is A. holding that the jury instructions taken as a whole sufficiently informed the jury of the states burden of proving that the defendant specifically intended to kill the victim
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 and its subsidiaries have good and marketable title in fee simple to all real property and good and marketable title to all personal property owned by them which is material to the business of the Company and its subsidiaries, in each case free and clear of all liens, encumbrances and defects except such as are described in Schedule 2.1 of the Investor Package or such as do not materially and adversely affect the value of such property and do not interfere with the use made and proposed to be made of such property by the Company or any of its subsidiaries. Any real property and facilities held under lease by the Company or any of its subsidiaries are held by them under valid, subsisting and enforceable leases with such exceptions as are not material and do not interfere with the use made and proposed to be made of such property and buildings by the Company and its subsidiaries.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: without limitation , you agree not to send , create , or reply to so called `` mailbombs '' ( i.e. , sending copies of a single message to many users , or sending large or multiple files or messages to a single user with malicious intent ) or engage in `` spamming '' ( i.e. , sending unsolicited messages for business or other purposes ) in addition , you agree not to send `` bulk messaging '' ( i.e. sending messages for business or other commercial purposes ) without written permission by viber , or undertake any other activity which may adversely affect the operation or enjoyment of this service by any other person , including placing malware on the service .

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: Attached as Schedule 4.16 is a true and complete list of the insurance policies maintained by the Acquired Companies or relating to the Properties (other than renter’s policies of tenants and any policies maintained by Manager) as of the Effective Date.

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: TO THE EXTENT APPLICABLE, EACH OF THE PARTIES TO THIS AGREEMENT HEREBY AGREES TO WAIVE ITS RESPECTIVE RIGHTS TO A JURY TRIAL FOR ANY CLAIM OR CAUSE OF ACTION BASED UPON OR ARISING OUT OF THIS AGREEMENT OR ANY DEALINGS BETWEEN THEM RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT. This provision is subject to Section 12(C), requiring arbitration of disputes hereunder. This provision shall not apply on or after the occurrence of a Change in Control.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: In the event any provision of the Plan shall be held invalid or illegal for any reason, any illegality or invalidity shall not affect the remaining parts of the Plan, but the Plan shall be construed and enforced as if the illegal or invalid provision had never been inserted, and the Company shall have the privilege and opportunity to correct and remedy such questions of illegality or invalidity by amendment as provided in the Plan.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement, together with the Manager Allocation Agreement and any subordination agreement mutually agreed upon by Manager and any lender to Owner, if any, contains the entire agreement between the Parties and all prior negotiations and agreements are merged herein. Neither this Agreement nor any provision hereof may be changed, waived, altered or modified, except by written instrument signed by the Party against which enforcement of the change, waiver, discharge or termination is sought. The failure of either Party to enforce at any time, or for any period of time, any provision of this Agreement shall not be construed to be a waiver of such provision.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Quinn would have standing under Washington law, we need not decide this issue. The continuous ownership requirement imposed by Rule 23.1 of the Federal Rules of Civil Procedure is procedural and therefore applies in diversity actions such as this one. Kona, 179 F.3d at 769. 6 . Quinn attempts to distinguish Lewis, arguing that, unlike in Lewis, 719 F.2d at 1048, here there was inadequate disclosure concerning the Board members' purported conflicts and Quinn's allegations. Even assuming that Anvil’s disclosure to shareholders was less extensive than that in Lewis, that alone is not enough for us to conclude that equity warrants a different result here. 7 .The state cases cited by Quinn likewise involved challenges to mergers. See Lewis v. Anderson, 477 A.2d 1040, 1046 n. 10 (Del. 1984) (<HOLDING>); Platt Corp. v. Platt, 21 A.D.2d 116, 124, 249 Options: A. recognizing first two exceptions B. recognizing the efficiencies defense in merger cases C. recognizing that the federal litigant has a personal right subject to exceptions in certain classes of cases to demand article iii adjudication of a civil suit D. recognizing exceptions to immunity E. recognizing exceptions to the continuous ownership requirement in certain merger cases

assistant: The best answer is E. recognizing exceptions to the continuous ownership requirement in certain merger cases
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: if you use the services for any commercial , business or re-sale purpose , dropbox , its affiliates , suppliers or distributors will have no liability to you for any loss of profit , loss of business , business interruption , or loss of business opportunity .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be terminated by any Purchaser, as to such Purchaser’s obligations hereunder only and without any effect whatsoever on the obligations between the Company and the other Purchasers, by written notice to the other parties, if the Closing has not been consummated on or before March 4, 2016; provided , however , that no such termination will affect the right of any party to sue for any breach by any other party (or parties).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed in one or more counterparts, and delivered by facsimile and each counterpart when so delivered will be deemed to be an original copy of this Agreement, all of which, when taken together, will be deemed to constitute one and the same agreement. Any party hereto delivering this Agreement by facsimile undertakes to deliver, within a reasonable time, an executed original.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Plan is designed to qualify as a severance pay arrangement within the meaning of Section 3(2)(B)(i) of ERISA and is intended to be excepted from the definitions of “employee pension benefit plan” and “pension plan” set forth under Section 3(2) of ERISA and is intended to meet the descriptive requirements of a plan constituting a “severance pay plan” within the meaning of the regulations published by the Secretary of Labor. In addition, the Plan is intended to be a plan that primarily for the purpose of providing benefits to a select group of management or highly compensated employees within the meaning of ERISA Sections 201(2), 301(a)(3) and 401(a)(1). The Plan and all rights under it will be governed and construed in accordance with ERISA and, to the extent not preempted by Federal law, with the laws of the State of California, excluding choice of law rules.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company and each member of its ERISA Controlled Group have fulfilled their obligations under the minimum funding standards of ERISA and the Internal Revenue Code with respect to each Plan and are in compliance in all material respects with the presently applicable provisions of ERISA and the Internal Revenue Code with respect to each Plan. No such Person has (A) sought a waiver of the minimum funding standard under Section 412 of the Internal Revenue Code in respect of any Plan, (B) failed to make any contribution or payment to any Plan or Multiemployer Plan, or made any amendment to any Plan, which has resulted or could result in the imposition of a Lien or the posting of a bond or other security under ERISA or the Internal Revenue Code that is (1) in excess of $5,000,000 and (2) not discharged within 30 days of such failure to pay, or (C) incurred any liability, where the liability would result in a Material Adverse Effect, under Title IV of ERISA (other than a liability to the PBGC for premiums under Section 4007 of ERISA).

assistant: Erisa
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 confidentiality and non-use obligations set forth in this ARTICLE 8 shall survive for the longer of (a) [**] years after the Term or (b) with respect to any Confidential Information subject to any obligations to the relevant Third Party under any INFI Third Party Agreement or INFI Product Related Contract, such longer period as may be required under such agreement.

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: With the exception of any agreement with the Company pertaining to proprietary, trade secret, or other confidential information, which shall remain in full force and effect, this Agreement sets forth the entire agreement and understanding between the Parties hereto concerning the subject matter of this Agreement and fully supersedes any and all prior agreements or understandings, written or oral, between the Parties hereto pertaining to the subject matter hereof.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: See Ernst, 427 F.3d at 359-60. The State of Tennessee has represented to the court that it is the “real party in interest,” that “[a]ny judgment entered against [DHS] would ultimately be paid by the State of Tennessee,” and that DDS is not legally distinct from DHS. (Docket No. 15 at 1.) The plaintiff has made no argument to the contrary. The second factor supports a finding of immunity because the operation of DHS is controlled by the state. See Ernst, 427 F.3d at 360. DHS was created by the state legislature, see Giorgio, 1996 WL 447656, *1 (citing Tenn.Code Ann. § 4-3-1201), and DHS is identified by the Tennessee Code, the courts of the State of Tennessee, and Tennessee’s executive branch as an executive administrative agency of the state of Tennessee, see Tenn. Code Ann. § 4-3-101 (<HOLDING>); Gallaher v. Elam, 104 S.W.3d 455, 464-65 Options: A. recognizing dhs as one of the states twentyfour executive administrative agencies B. holding that state agencies are treated as states under the eleventh amendment C. recognizing that administrative agencies are not bound by rules of evidence D. recognizing that administrative agencies lack to power to consider or determine constitutional issues E. holding that state attorney general as member of executive department may assert claim of executive privilege

assistant: The best answer is A. recognizing dhs as one of the states twentyfour executive administrative agencies
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Delaware applicable to contracts made and to be performed in such state without giving effect to the principles of conflicts of laws of such state or any other jurisdiction that would cause the application of the laws of any jurisdiction other than the State of Delaware. The Company and Indemnitee hereby irrevocably and unconditionally: (a) agree that any action or proceeding arising out of or in connection with this Agreement shall be brought only in the Delaware Court and not in any other state or federal court in the United States, (b) consent to submit to the exclusive jurisdiction of the Delaware Court for purposes of any action or proceeding arising out of or in connection with this Agreement and (c) waive, and agree not to plead or make, any claim that the Delaware Court lacks venue or that any such action or proceeding brought in the Delaware Court has been brought in an improper or inconvenient forum.

assistant: Governing Laws