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: jurisdiction under 28 U.S.C. § 1291. The government argues that Herrera waived her right to appeal her conviction because she did not check the little box next to the word “conviction” on the notice of appeal form. We reject this argument. Herrera’s opening brief to this court clearly indicates her intent to appeal her conviction, and Herrera’s failure to designate specifically in her notice of appeal that she intended to challenge both her conviction and sentence did not prejudice the government. United States v. Shin, 953 F.2d 559, 560 (9th Cir.1992). Accordingly, we turn to the merits of Herrera’s challenges of her conviction and sentence. Herrera’s challenge of the district court’s evidentiary rulings is unpersuasive. See United States v. Childs, 5 F.3d 1328, 1333 (9th Cir.1993) (<HOLDING>). Moreover, the challenged business records Options: A. holding that documents that were not created by but that were received maintained and relied upon by a business are business records under 8036 B. holding that gradecrossing accident reports prepared by a railroad were not business records because they were not prepared for the systematic conduct of the enterprise as a railroad business rather the reports are calculated for use essentially in the court not in the business their primary utility is in litigating not in railroading C. holding that municipal court records were admissible under official records or public documents exception D. holding that documents that are created in the ordinary course of business or would have been created irrespective of litigation are not protected by the work product doctrine E. holding that affiant sufficiently authenticated records under georgias new evidence code when she after setting out her role and personal access to and knowledge of the records created and maintained by the appellee in the ordinary course of business and the appellees acquisition of the documents through a transfer referenced and authenticated the various documents attached to her affidavit as exhibits

assistant: The best answer is A. holding that documents that were not created by but that were received maintained and relied upon by a business are business records under 8036
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: ruling, the juvenile court again inquired i#f Trial Counsel had anything to. add. Trial Counsel responded that he did not. Once the juvenile court turned to the scheduling of a review hearing, Trial Counsel inquired, "Your honor, am I released?" In response, the State indicated that Trial Counsel would likely need to continue to represent Mother through the possible initiation of an appeal, but the juvenile court released Trial Counsel from attending the review hearing. Mother now appeals the juvenile court's order terminating her parental rights to A.S. and 8.84. ISSUE AND STANDARD OF REVIEW 120 Mother argues fhat Trial Counsel failed to provide her .with the effective assistance of counsel to which she was enti tled. See State in Interest of E.H., 880 P.2d 11, 13 (Utah Ct.App.1994) (<HOLDING>). "An ineffective assistance of counsel claim Options: A. recognizing that a criminal defendants right to counsel is the right to the effective assistance of counsel B. holding that a parents statutory right to counsel in termination proceedings guarantees the right to effective counsel C. holding that the due process clause of the alaska constitution guarantees the right to effective counsel in proceedings for the termination of parental rights D. recognizing that the sixth amendment guarantees a defendant the right to counsel and the right to waive counsel E. recognizing that the sixth amendment guarantees the right to effective assistance of counsel

assistant: The best answer is B. holding that a parents statutory right to counsel in termination proceedings guarantees the right to effective counsel
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: So.2d 29, 48 (Fla.2000) (citation omitted) (citing Stein v. State, 632 So.2d 1361 (Fla.1994)). “The ‘cold’ element generally has been found wanting only for ‘heated’ murders of passion, in which the loss of emotional control is evident from the facts.... ” Walls, 641 So.2d at 387-88. Here the calm and deliberate nature of the defendants’ actions against the victims establish this element beyond any reasonable doubt. In this instance, the victims were bound and gagged for two hours and, thus, were unable to offer any resistance or provocation. More importantly, during this time the defendants had ample opportunity to calmly reflect upon their actions, following which they mutually decided to shoot the victims execution-style in the backs of the their heads. See Walls, 641 So.2d at 388 (<HOLDING>). With respect to the “calculated” prong, Options: A. holding executionstyle slaying by its very nature is a cold crime B. holding that if a crime is broadly defined the court can look beyond the elements of the crime C. holding that the trial court erred by admitting a doctors testimony that a child victims description of a sexual crime was very believable D. holding that a court must only look to the statutory definition not the underlying circumstances of the crime to determine whether a given offense is by its nature a crime of violence for purposes of 18 usc 16 E. holding the crime of conspiracy is committed or not before the substantive crime begins

assistant: The best answer is A. holding executionstyle slaying by its very nature is a cold crime
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: were all based on these claims and are now mooted. 53 . Valdez Fisheries Dev. Ass'n, Inc. v. Alyeska Pipeline Serv. Co., 45 P.3d 657, 671 (Alaska 2002). 54 . Thompson's Estate v. Mercedes-Benz, Inc., 514 P.2d 1269, 1271 (Alaska 1973). 55 . 3 Jamrs Wa Moore, Feperat Practice § 15.14[1] (3d ed.2003). 56 . 371 U.S. 178, 182, 83 S.Ct. 227, 9 LEd.2d 222 (1962). 57 . Betz v. Chena Hot Springs Group, 742 P.2d 1346, 1348 (Alaska 1987) (citing Foman, 371 U.S. at 182, 83 S.Ct. 227). 58 . Thompson's Estate, 514 P.2d at 1271. 59 . Betz, 742 P.2d at 1348. 60 . Kittredge Sports Co. v. Superior Court, 213 Cal.App.3d 1045, 261 Cal.Rptr. 857, 859-60 (1989) (citing Higgins v. Del Faro, 123 Cal.App.3d 558, 176 Cal.Rptr. 704 (1981)); see also Smith v. Costa Lines, Inc., 97 F.R.D. 451, 453 (N.D.Cal.1983) (<HOLDING>); Karn v. Coldwell Banker Residential Real Options: A. holding that it was not an abuse of discretion for the court to deny an award of attorneys fees to the wife B. holding it was not an abuse of discretion to deny funds C. holding district court abused discretion in denying leave to amend complaint to add claim when party opposing motion made no showing of prejudice from delay D. holding not an abuse of discretion to deny funds E. holding that it may be held an abuse of discretion for the court to deny leave unless there is a demonstrable showing of prejudice to an opposing party

assistant: The best answer is E. holding that it may be held an abuse of discretion for the court to deny leave unless there is a demonstrable showing of prejudice to an opposing party
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 fact that Coleman testified on his own behalf, denied committing the crime, and was found guilty anyway. See, e.g., United States v. Vazquez, 53 F.3d 1216, 1225 (11th Cir. 1995) (“when a defendant takes the stand in a criminal case and exposes his demean- or to the jury, the jury may make adverse determinations about his credibility and reject his explanation as a complete fabrication.”). Finally, because Coleman must prove a reasonable probability of a different outcome, and the best that can be said about the outburst is that it may or may not have impacted the jury and may or may not have affected the outcome, Coleman cannot carry his burden of proof and persuasion under the prejudice prong of Strickland. Cf. United States v. Rodriguez, 398 F.3d 1291, 1299-1301 (11th Cir.2005) (<HOLDING>). The evidence does not demonstrate that the Options: A. holding that to succeed on an ineffective assistance claim a defendant must show that there is a reasonable probability that but for counsels unprofessional errors the result of the proceeding would have been different B. holding that to succeed under plain error review of a sixth amendment right to a jury violation at sentencing a defendant must show a reasonable probability citing strickland of a different outcome and where the effect of the error was uncertain the defendant failed to meet that burden C. holding that a defendant must show reasonable probability that but for the error he would not have entered the plea D. recognizing under plain error review that the burden to show that substantial rights have been prejudiced is on the party that failed to raise the issue below and for an error to have affected substantial rights the error must have affected the outcome of the district court proceedings E. holding that party asserting plain error must show a reasonable probability that but for the error claimed the result of the proceeding would have been different

assistant: The best answer is B. holding that to succeed under plain error review of a sixth amendment right to a jury violation at sentencing a defendant must show a reasonable probability citing strickland of a different outcome and where the effect of the error was uncertain the defendant failed to meet that burden
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 Loan Parties shall execute such UCC‑1 or PPSA financing statements as are required by the UCC or the PPSA, as applicable and such other instruments, assignments or documents as are necessary to perfect the Agent’s Lien upon any of the Collateral and shall take such other action as may be required to perfect or to continue the perfection of the Agent’s Lien upon the Collateral, other than, in each case, Excluded Perfection Actions. Unless prohibited by applicable law, each Loan Party hereby authorizes the Agent to execute and file any such financing statement, including financing statements that indicate the Collateral (a) as all assets of such Loan Party or words of similar effect, or (b) as being of an equal or lesser scope, or with greater or lesser detail, than as set forth in Section 4.01 on such Loan Party’s behalf. Each Loan Party also hereby ratifies its authorization for the Agent to have filed in any jurisdiction any like financing statements or amendments thereto if filed prior to the date hereof. At the Agent’s request, each Loan Party shall also promptly execute or cause to be executed and shall deliver to the Agent any and all documents, instruments and agreements deemed necessary by the Agent to give effect to or carry out the terms or intent of the Loan Documents, provided that no Loan Party shall be required to take any Excluded Perfection Action.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: in Arizona. Since these arguments were addressed, at least in part, in the federal court proceeding, the appellee contends that their consideration is foreclosed by the doctrine of res judicata. In a similar case, however, Division One of this court has stated: “In Arizona, however, neither the doctrine of res judicata nor full faith and credit flowing from recognition of a judgment by a sister state is available to bar the court which originally issued the judgment from subsequently modifying or reversing that judgment in accordance with the established laws and procedure of that original jurisdiction.” Tarnoff v. Jones, 17 Ariz.App. 240, 244, 497 P.2d 60, 64 (1972). See Also Porter v. Porter, 101 Ariz. 131, 416 P.2d 564 (1966); Rule 60(d), Arizona Rules of Civil Procedure, 16 A.R.S. (<HOLDING>). We therefore reject the appellee’s res Options: A. recognizing use of ancillary jurisdiction in subsequent proceedings for the exercise of the courts inherent power to enforce its judgments B. holding that courts review judgments not statements in opinions C. recognizing that judgments of arizona courts on foreign judgments will not be conclusive in the jurisdiction of origin D. holding that judgments rendered by courts not having authority to enter such are not subject to collateral attack because judges entering those judgments were de facto officers E. recognizing that our courts will normally not enforce foreign tax judgments

assistant: The best answer is C. recognizing that judgments of arizona courts on foreign judgments will not be conclusive in the jurisdiction of origin
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 provisions of the Plan shall bind and inure to the benefit of the Company and its successors and assigns. The term successors as used herein shall include any corporate or other business entity which shall, whether by merger, consolidation, purchase or otherwise acquire all or substantially all of the business and assets of the Company, and successors of any such corporation or other business entity.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as previously disclosed in writing to the Administrative Agent, (i) all federal, and material foreign, state and local tax returns and other reports required by applicable Requirements of Law to be filed by any Loan Party have been filed, or extensions have been obtained, and (ii) all Taxes, assessments and other governmental charges imposed upon any Loan Party or any property of any Loan Party in an aggregate amount for all such Taxes, assessments and other governmental charges exceeding $250,000 and which have become due and payable on or prior to the date hereof have been paid, except to the extent contested in good faith by proper proceedings and with respect to which adequate reserves have been set aside for the payment thereof on the Financial Statements in accordance with GAAP.

assistant: Taxes
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: false testimony at the first trial and (2) impeachment evidence concerning Lopez and Godoy. Even assuming that this evidence is both favorable and undisclosed, Zuno-Arce cannot show prejudice, because there is no reasonable probability that, had it been disclosed, the evidence would have made a difference to the outcome of the trial. 1. Cervantes’ Recantation To prevail, Zuno-Arce must show that, sometime before or during his second trial, the government knew that Cervantes had testified falsely in the first trial. As noted above, however, Zuno-Arce has failed to demonstrate that Cervantes testified falsely, so a fortiori there is no way that Zuno-Arce could have demonstrated that the government knew that Cervantes testified falsely. See Matta-Ballesteros, 2000 WL 297328, at *1 (<HOLDING>). Included in Cervantes’ recantation was a Options: A. holding that district court did not clearly err in giving twolevel enhancement for similar conduct B. holding that trial court did not err C. holding that the district court did not clearly err in rejecting cervantes recantation as unreliable D. holding that the district court did not err in determining that inadvertent disclosure did not result in waiver E. holding that district court did not clearly err in declining to credit prisoners testimony about exhaustion

assistant: The best answer is C. holding that the district court did not clearly err in rejecting cervantes recantation as unreliable
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: For example, the Commission at one point says that it will “require the pipelines to show why their existing tariffs should not be considered unjust and unreasonable,” Order No. 637-A at 31,591, and that “individual pipelines [will have] an opportunity to demonstrate that their own circumstances justify deviation from the general conclusion that segmentation is appropriate,” FERC Br. at 101. INGAA’s suspicion is also fueled by the fact that on several previous occasions the Commission had impermissibly blurred the distinction between § 4 and § 5, see Western Res., 9 F.3d at 1578 (“We now make it an even six” times that the Commission failed to respect this distinction), or tried to use another section of the NGA to “trump” its § 5 obligations, see Pub. Serv. Comm’n, 866 F.2d at 491 (<HOLDING>). Nonetheless, the orders contain some express Options: A. holding that the appropriate sanction was to require the defendant to disclose the nature of the agreement with the witness B. holding that 16 of the nga which grants the commission the right to require filings needed to exercise its powers under the nga did not permit ferc to require a company to make periodic 4 refilings C. holding that on remand ferc had the authority to order recoupment of losses caused by its errors D. holding that section 211103 grants a party to an action under the open meetings act the right to trial by jury E. holding that statute grants the commission the authority to request that the parties present adequate evidence

assistant: The best answer is B. holding that 16 of the nga which grants the commission the right to require filings needed to exercise its powers under the nga did not permit ferc to require a company to make periodic 4 refilings
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 order vacating the “order of default.” The rule governing entry of orders or judgments in the orphans’ court provides: “After determination of an issue, ... the court shall direct the entry of an appropriate order or judgment.” Md. Rule 6-171(a). Rule 6-171(a) does not require that each order be set forth on its own separate document. Instead, “in orphans’ courts, an order is a paper writing that is filed in the estate file.” Anthony v. Clark, 335 Md. at 594, 644 A.2d 1070. The hearing sheet clearly stated that the motion had been granted, it included the judge’s signature, it was filed in the estate docket, and it was properly docketed by the Register of Wills. The orphans’ court did more than enough to achieve the entry of that interlocutory order. See id. at 592, 644 A.2d 1070 (<HOLDING>). Nevertheless, on September 28, 2016 (for Options: A. holding that the oral rendition of an order in open court does not constitute entry of that order B. holding that a found in indictment need not allege all of the elements of entry C. holding that docket entry could not be used to show that appellants untimely amended answer was filed with permission of the trial court in order to defeat summary judgment D. holding that citys policy need not be unconstitutional per se but need only cause a constitutional violation E. holding that a docket entry in the orphans court need not summarize the contents of the order but need only show that an order was filed

assistant: The best answer is E. holding that a docket entry in the orphans court need not summarize the contents of the order but need only show that an order was filed
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 make other use of the products , or the content , code , data or materials thereon , except as otherwise provided above , you may violate copyright and other laws of the united states , other countries , as well as applicable state laws and may be subject to liability for such unauthorized use .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: basis of race and the right to be free from retaliation for complaining about general workplace racial discrimination were clearly established at the relevant times. They argue, however, that even assuming their conduct in demoting and discharging Johnson was based in part on unlawful discriminatory and retaliatory motives, their conduct was nonetheless “objectively reasonable” since it also was based on indisputable and adequate lawful motives as well — specifically, Johnson’s admitted failure to obey a direct order at a major fire scene and repeated lies during his disciplinary hearings. The defendants rely primarily on Foy, 94 F.3d at 1528, to support their argument. In Foy, the parents of children remove ousing Dev., 429 U.S. 252, 269-71, 97 S.Ct. 555, 565-66, 50 L.Ed.2d 450 (1977)(<HOLDING>). See id. at 1536. While their conduct may have Options: A. holding that a state official can be held individually hable under 1983 for acts taken within the scope of his or her official duties B. holding that the official charged with responsibility to act must be an official within the doj with the authority to act in the circumstances C. holding that state official can act lawfully even when motivated by hostility toward a certain protected class D. holding that state official can act lawfully even when motivated by a dislike for protected behavior E. holding that home confinement may not be credited toward official detention

assistant: The best answer is C. holding that state official can act lawfully even when motivated by hostility toward a certain protected class
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: contract cases. In most cases, plaintiff employee alleges that defendant employer breached an implied contract provision in a handbook or manual by failing to properly follow a specified progressive discipline procedure that is required before he or she may be terminated. See e.g., Zawadowicz v. CVS Corp., 99 F.Supp.2d 518, 534-37 (D.N.J.2000) (analyzing plaintiffs claim that defendant breached an implied contract provision by failing to adhere to the progressive discipline procedures set forth in its Attendance Policy before discharging him); Nicosia v. Wakefern Food Corp., 136 N.J. 401, 643 A.2d 554, 558 (1994) (discussing breach of an implied contract claim in the context of a three-step disciplinary procedure required before termination for cause); Schwartz, 539 A.2d at 749-50 (<HOLDING>). In this case, however, the GFTP set forth in Options: A. holding that plaintiffs express contract with the surety company precludes an implied contract with defendant B. holding that an employment manual with a threestep progressivediscipline procedure gave rise to an implied contract C. holding that employee handbook did not give rise to implied contract where it stated that it was not a contract and that employment was terminable at will D. holding that additional consideration is a factor in determining whether there is an implied contract of employment E. holding that whether a personnel policy manual modifies an employment contract is a question of fact

assistant: The best answer is B. holding that an employment manual with a threestep progressivediscipline procedure gave rise to an implied contract
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: had been referred to Healy and Gardner, Fitzgerald was no longer functioning as a prosecutor. Cf. Kulwicki, 969 F.2d at 1467 (affirming denial of absolute immunity because the prosecutor was no longer assigned to the case when the challenged activity occurred). Moreover, the forwarding of materials constitutes an “administrative” function which is somewhat analogous to an investigative officer supplying a prosecutor with evidence discovered during the course of an investigation. However, Cignetti’s claims based on the second, fifth and sixth acts are barred by absolute immunity. With respect to the second and the fifth acts, it has long been settled that prosecutors are entitled to absolute immunity for initiating and pursuing a prosecution. See Imbler, 424 U.S. at 431, 96 S.Ct. 984 (<HOLDING>); Butz, 438 U.S. at 515, 98 S.Ct. 2894 (“The Options: A. holding that state prosecutors enjoy absolute immunity for the initiation and pursuit of a criminal prosecution B. holding that social workers are entitled to absolute immunity in performing quasiprosecutorial functions connected with the initiation and pursuit of child dependency proceedings C. holding that prosecutors enjoy absolute immunity from 1983 suits for initiating a prosecution and presenting the case at trial D. holding that prosecutors have absolute immunity E. holding that officials charged with the duty of executing a facially valid court order enjoy absolute immunity

assistant: The best answer is A. holding that state prosecutors enjoy absolute immunity for the initiation and pursuit of a criminal prosecution
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: had been told, namely, he asked to have Mother present. He also refused to consent to the gun powder residue test. When Defendant was next in custody (the afternoon of October 28), he was given a second juvenile Miranda warning. Again, he asserted he understood his rights and declined to request a lawyer or the presence of Mother. He asked, however, that any questioning be done exclusively by Sgt. Rainey, and his request was honored to the extent possible. Defendant’s invocation of his rights, refusal to consent to the gunpowder residue test, and his assertion of control over the interview process belies his claim that he did not “truly understand what was at stake” and did not know he could invoke his rights and refuse to speak. See, e.g., State v. Ouk, 616 N.W.2d 180, 185 (Minn.1994) (<HOLDING>); State v. Toste, 198 Conn. 573, 504 A.2d 1036 Options: A. holding that because the employee had engaged in similar religious conduct on prior occasions employer had notice of the conflict B. holding that irrespective of the suspects limited reasoning ability and iq of 73 evidence that the suspect had held various parttime jobs had been living on his own possessed a drivers license and had prior experience with law enforcement was probative of competence to waive miranda rights C. holding admissible suspects statement to police after being informed that he had been identified in a lineup which the court assumed without deciding was interrogation for purposes of the appeal because the statements were voluntarily made without any coercion and came after the suspect was given and validly waived his miranda rights D. holding that a 15yearold was of suitable intelligence and maturity to validly waive miranda rights specifically focusing on the fact that the juvenile had been advised of his rights on three prior occasions and had once asked for an attorney E. holding that smith who was 15 years old could waive his miranda rights and his right to have an attorney or parent present during questioning by police

assistant: The best answer is D. holding that a 15yearold was of suitable intelligence and maturity to validly waive miranda rights specifically focusing on the fact that the juvenile had been advised of his rights on three prior occasions and had once asked for an attorney
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 any number of counterparts, each of which when so executed and delivered shall be an original, but all of which shall constitute one and the same instrument. It shall not be necessary in making proof of this Agreement to produce or account for more than one such counterpart.

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 case excerpt and choose the best holding from the options. Case excerpt: (V.I. 2008)). Having reviewed the magistrate’s order and the record, we agree with the Superior Court that the magistrate did not commit clear error in his determination of actual notice. To show that the opposing party received actual notice, a party is not required to prove that any particular form, such as personal service by a process server or service by mail, was used. See Tulsa, 485 U.S. at 491 (permitting actual notice to be given by “ ‘mail or other means as certain to ensure actual notice.’ ”) (quoting Mennonite, 462 U.S. at 800). In the present context, the critical issue under Tulsa is whether or not the claimants had actual knowledge of the creation and pendency of the estate, not the form the notice took. See In re Estate of Sheridan, 117 P.3d 39, 41 (Colo. Ct. App. 2004) (<HOLDING>). The magistrate rested his determination that Options: A. recognizing that when a creditor does not receive adequate notice the creditor is not bound by the confirmation order B. holding 57 days notice before deadline to file a complaint under 523 was sufficient notice when creditor had actual notice of filing C. holding that personal injury action arising during the pendency of the bankruptcy proceedings was property of the estate D. holding that despite a lack of any formal notice tulsa requirement was satisfied by a showing that because the creditor was also the executor of the estate the creditor had actual notice of the pendency of the estate proceedings E. holding that the creditor did not satisfy the foregoing requirement because it was trying to exercise the avoidance power for itself as a sole creditor not for the benefit of the debtors estate or the creditors as a whole

assistant: The best answer is D. holding that despite a lack of any formal notice tulsa requirement was satisfied by a showing that because the creditor was also the executor of the estate the creditor had actual notice of the pendency of the estate proceedings
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 waiver by CDK of any breach of this Agreement by me shall not be effective unless in writing signed by the President of CDK, and no such waiver with regards to me or any other person under a similar agreement shall operate or be construed as a waiver of the same type of breach or any other breach on a subsequent occasion by me or any other person or entity.

assistant: Waivers
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 agrees to pay the Executive a base salary (the “ Base Salary ”) at an annual rate of US$180,000, payable in accordance with the regular payroll practices of the Company. The Executive’s Base Salary shall be subject to review and adjustment from time to time by the Board (or a committee thereof) in its sole discretion, but may not be decreased.

assistant: Base Salary
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 communication provided for or permitted hereunder shall be in writing and, unless otherwise expressly provided herein, shall be deemed to have been duly given if delivered by courier or mailed by first class mail, postage prepaid, or if transmitted by facsimile and confirmed in a writing delivered or mailed as aforesaid, to: (a) in the case of MBC, Manhattan Bridge Capital, Inc., 60 Cutter Mill Road, Suite 205, Great Neck, New York 11021, Attention: Assaf Ran and (b) in the case of Secured Party, Worldwide Stock Transfer, LLC, One University Plaza, Suite 505, Hackensack, New Jersey 07601, Attention: Jonathan Gellis, facsimile number: (201) 755-2597; or at such other address as may be substituted by notice given as herein provided.

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: infra at 60-63. 5 . The RLA provides for criminal enforcement of § 152, Third, Fourth, Fifth, Seventh, and Eighth — not § 152, First. See 45 U.S.C. § 152, Tenth. 6 . We note, with respect to plaintiffs' breach claim against APFA, that plaintiffs have alleged no independent duty owed them individually under the contract. See United Steelworkers of Am. v. Rawson, 495 U.S. 362, 374, 110 S.Ct. 1904, 109 L.Ed.2d 362 (1990) ("If an employee claims that a union owes him a more far-reaching duty [than the duty of fair representation], he must be able to point to language in the collective-bargaining agreement specifically indicating an intent to create obligations enforceable against the union by the individual employees.”); see also May v. Shuttle, Inc., 129 F.3d 165, 179 (D.C.Cir. 1997) (<HOLDING>); Nellis v. Air Line Pilots Ass’n, 15 F.3d 50, Options: A. holding that rla preempts state law claim for wrongful discharge even where rla arbitral mechanism not implicated because state claims seek to vindicate rights largely secured by federal law B. holding state law fraud and deceit claims to be preempted C. holding that in the context of federal immigration law the amount of loss to the victim of fraud or deceit does not refer to an element of the fraud or deceit but rather refers to the particular circumstances in which an offender committed fraud or deceit D. holding that state law fraud claims are preempted by the federal labor law duty of fair representation E. holding rla duty of fair representation claim preempts identical state law claims of fraud and deceit

assistant: The best answer is E. holding rla duty of fair representation claim preempts identical state law claims of fraud and deceit
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 may assign its rights and obligations hereunder to any person or entity that succeeds to all or substantially all of the Company’s business or that aspect of the Company’s business in which you are principally involved. You may not assign your rights and obligations under this letter without the prior written consent of the Company and any such attempted assignment by you without the prior written consent of the Company will be void.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: a final determination in the investigation, any previous review, or any other information placed on the record. 19 U.S.C. § 1677e(b)(1)-(4); 19 C.F.R. § 351.308(c)(1)(i)—(iii) (2014). Wheré Commerce countervails a subsidy program at an AFA rate, neither the statute nor the regulation dictate how Commerce is to determine that rate. See 19 U.S.C. § 1677e(b)(1)-(4); 19 C.F.R. § 351.308(c)(1). Therefore, Commerce has considerable discretion to develop a methodology for calculating an AFA rate derived from one of the sources listed in the statute. An AFA rate selected by Commerce must also reasonably balance the objectives of inducing compliance and determining an accurate rate. See F.lli De Cecco di Filippo Fara S. Martino S.p.A. v. United States, 216 F.3d 1027, 1032 (Fed. Cir. 2000) (<HOLDING>). The statute does not require Commerce to Options: A. holding that the proper rate for prejudgment interest is the rate fixed by the parties in a contract B. holding that commerces inference of a greater than de minimis separate rate is supported by substantial evidence is not the equivalent of applying afa to separate rate respondents and does not impermissibly consider rates from subsequent stages rather using them permissibly for corroboration C. holding the corroboration requirement tempers the deterrent value of an afa rate to prevent overreaching reality to maximize deterrence D. holding that with respect to the eaja the local or national market rate for legal services cannot be a special factor used to increase the rate beyond the statutory rate E. holding that once a rate is filed with the appropriate agency except for review of the agencys orders the courts can assume no right to a different rate on that ground that in its opinion it is the only or the more reasonable rate

assistant: The best answer is C. holding the corroboration requirement tempers the deterrent value of an afa rate to prevent overreaching reality to maximize deterrence
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: we reserve the right to suspend or deactivate your account or your access to certain aspects or all of the fitbit service , or to terminate these terms , at our sole discretion , at any time and without notice or liability to you .

assistant: Unilateral termination
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: 425. In fact, a vast majority of classes that meet the requirements of rule 23(b)(1)(B) inevitably will satisfy the rule 23(b)(3) requirements. 1 Newberg on Class Actions § 4.01, at 4-5. Due process does not turn on such formalistic distinctions. C. The Distinction Between Law and Equity. The majority’s argument that applying Shutts to rule 23(b)(1) would render all mandatory class actions unconstitutional, is also premised on a faulty understanding of the distinction between law and equity. See maj. op. at 987 n. 16. What the majority fails to acknowledge is that the distinction between money damages and equitable remedies preserves mandatory class actions in the vast majority of cases, including traditional common fund cases from equity. See Newberg on Class Actions § 1.18, at 1^46 (<HOLDING>). The only cases affected by Shutts are modern Options: A. recognizing that the majority of actions that meet the requirements of rule 23b1 seek equitable relief B. recognizing majority rule and collecting cases C. recognizing the majority rule D. recognizing the tide of the majority of case law E. recognizing distinction made by majority

assistant: The best answer is A. recognizing that the majority of actions that meet the requirements of rule 23b1 seek equitable relief
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: 562, 573, 97 S.Ct. 2849, 53 L.Ed.2d 965 (1977) (explaining that the State’s interest in providing a right of publicity is “closely analogous to the goals of patent and copyright law, focusing on the right of the individual to reap the reward of his endeavors and having little to do with protecting feelings or reputation”). Amazon responds that even if the right of publicity protects a type of intellectual property right, Congress did not intend for § 230(e)(2) to apply to publicity rights. First, Amazon argues that Congress did not intend by the CDA to protect state-law claims. See 47 U.S.C. § 230(e)(3) (“No cause of action may be brought and no liability may be imposed under any State or local law that is inconsistent with this section.”); but see Perfect 10, 340 F.Supp.2d at 1107-09 (<HOLDING>). Second, Amazon argues that Almeida’s right of Options: A. holding that californias liquor pricefixing statute violated federal antitrust law B. holding that supervisors may not be sued individually under californias fair employment and housing act and stating that this holding also applies to common law actions for wrongful discharge C. holding that 230e2 applies to californias wrongful use of registered mark law cal bus profcode 14335 and californias right of publicity law cal civcode 3344 D. holding that based on 230e2 the cda does not apply to californias statutory and common law right of publicity claims E. holding that cal const art xiii 15 and cal rev tax code ann 19081 west 1970 preclude issuance of an injunction to prevent collection of additional income taxes

assistant: The best answer is C. holding that 230e2 applies to californias wrongful use of registered mark law cal bus profcode 14335 and californias right of publicity law cal civcode 3344
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement and the other terms applicable to RSUs granted under the Plan embody the entire agreement and understanding between the Company and you with respect to the RSUs, and there are no representations, promises, covenants, agreements or understandings with respect to the RSUs other than those expressly set forth in this Agreement and the Plan. Notwithstanding anything in this Agreement to the contrary, the terms of this Agreement shall be subject to the terms of the Plan and this Agreement is subject to all interpretations, amendments, rules and regulations promulgated by the Committee from time to time pursuant to the Plan, a copy of which may be obtained from the office of the Secretary of the Company.

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: allows Starbucks to avoid paying the baristas and shift supervisors at the expense of ASMs. Which one of these interpretations is most consistent with Sarniento’s command liberally to construe § 196-d in the employees’ favor is not obvious and involves state policy judgments best decided in the first instance by the New York Court of Appeals. See Joseph v. Athanasopoulos, 648 F.3d at 67. C. Certification As explained supra, existing state case-law on the questions identified is sparse and insufficient to permit us to predict with confidence how the New York Court of Appeals would construe New York Labor Law and the Department of Labor’s regulations as they apply in this case. See 10 Ellicott Square Court Corp. v. Mountain Valley Indem. Co., 634 F.3d 112, 125-26 (2d Cir.2011) (<HOLDING>). Thus, the first certification factor is Options: A. holding that outofstate defendants transmittal into new york of ceaseanddesist letter to new york plaintiff for purported trademark infringement was insufficient to create jurisdiction over defendant in a new york declaratory judgment action B. holding that certification is appropriate if the new york court of appeals has not squarely addressed an issue and other decisions by new york courts are insufficient to predict how the court of appeals would resolve it internal quotation marks omitted C. recognizing in a new york diversity action that the job of the federal courts is to give the fullest weight to the pronouncements of the new york court of appeals to have a proper regard to relevant rulings of other courts of the state and where appropriate give limited consideration to relevant cases from other jurisdictions D. recognizing probable cause as complete defense to a claim of malicious prosecution in new york internal quotation marks and brackets omitted E. holding that contract signed in new york by promisor from florida and partially performed in florida was governed by new york law because it was executed in new york

assistant: The best answer is B. holding that certification is appropriate if the new york court of appeals has not squarely addressed an issue and other decisions by new york courts are insufficient to predict how the court of appeals would resolve it internal quotation marks omitted
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: consent to such an intrusive police procedure is constitutionally valid only when the third party has “joint access or control for most purposes ” over the quarters to be searched. Illinois v. Rodriguez, — U.S. -, 110 S.Ct. 2793, 2797-98, 111 L.Ed.2d 148 (1990) (emphasis added); United States v. Matlock, 415 U.S. 164, 171 n. 7, 94 S.Ct. 988, 993 n. 7, 39 L.Ed.2d 242 (1974). There is no question that the first two facts — lease status and general access to the common portions of the property — constitute a legally insufficient basis upon which to authorize a warrantless search of Mr. Kelley’s private living quarters. See, e.g., United States v. Heisman, 503 F.2d 1284, 1288 (8th Cir.1974); see also Chapman v. United States, 365 U.S. 610, 616-17, 81 S.Ct. 776, 779-80, 5 L.Ed.2d 828 (1961) (<HOLDING>). Our court previously has stated explicitly Options: A. holding that police officers warrantless search of rented home with consent of landlord but not tenant violated tenants fourth amendment rights B. holding that a landlord could not validly consent to the search of a house he had rented to another C. holding that a landlord cannot validly consent to a search of a tenants apartment despite ownership and legal authority to enter the premises D. holding that consent to search premises includes consent to search washing machine on those premises E. holding landlord and tenants obligations mutually dependent

assistant: The best answer is C. holding that a landlord cannot validly consent to a search of a tenants apartment despite ownership and legal authority to enter the premises