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: and rejected the merits of King’s Batson challenge on direct appeal. King, 89 So.3d at 229-31. As we indicated then, the reason proffered by the State— that Juror Ill’s brother was facing a criminal charge—is a valid race-neutral reason to exercise a peremptory strike. Id. at 230 (citing Fotopoulos v. State, 608 So.2d 784, 788 (Fla. 1992); Bowden v. State, 588 So.2d 225, 229 (Fla. 1991)); see also Rice v. Collins, 546 U.S. 333, 341, 126 S.Ct. 969, 163 L.Ed.2d 824 (2006) (concluding that it was reasonable for the trial court to accept as race-neutral reasons for striking a minority female juror the facts that she was nineteen years old, single, lacked ties to the community, and might be too tolerant of the crimes at issue); cf. Nowell v. State, 998 So.2d 597, 604-05 (Fla. 2008) (<HOLDING>). The reasons offered by the State during trial Options: A. holding that the states agebased justification for exercising a strike was pretextual in that case but noting that a jurors age can be a relevant consideration when evaluating the genuineness of a proffered justification B. holding that an employees attempt to prove actual discrimination requires more substantial evidence than a prima facie case because evidence of pretext and discrimination is viewed in light of the employers justification C. holding that where justification for strike was not corroborated by the record and the prosecutor was not credible the proffered justification could not support state courts conclusion that petitioner had failed to prove purposeful discrimination D. holding that if the plaintiff makes out a prima facie case of age discrimination the employer must show that the discharge was based on reasonable factors other than age and if the employer meets that burden the plaintiff must show that age was a determining factor in the discharge E. holding sanctions were appropriate when the party had no reasonable justification for his repeated failures to designate an expert

assistant: The best answer is A. holding that the states agebased justification for exercising a strike was pretextual in that case but noting that a jurors age can be a relevant consideration when evaluating the genuineness of a proffered justification
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: Put another way, Shriner contends that the use of telephonic warrants makes any exigency disappear because the police will be able to obtain a blood sample well before the evidence is entirely gone. But the officer facing the need for a telephonic warrant cannot be expected to know how much delay will be caused by following the procedures necessary to obtain a warrant. And during the time taken to obtain a telephonic warrant, it is undisputed that the defendant's body is rapidly metabolizing and dissipating the alcohol in the defendant's blood. We do not believe that the possibility of obtaining a telephonic warrant is sufficient to overcome the single-factor exigent cireumstances of the rapid dissipation of alcohol in the defendant's blood in this case.[ ] We agr 7 (Colo.1995) (<HOLDING>); State v. Johnson, 744 N.W.2d 340, 344 (Iowa Options: A. holding that the 16minute delay between the defendants arrest and the reading of the implied consent notice did not require suppression of the chemical test results when the arresting officer was dealing with a second intoxicated driver and investigating the accident scene B. holding that probable cause was clearly present justifying the taking of a blood sample without the defendants consent when it was established that the defendant was involved in an automobile accident and the police noticed liquor on his breath at the scene of the accident and at the hospital C. holding that exigency exists when time has elapsed while the driver is transported to the hospital and the investigating officer is detained at the accident scene D. holding that the defendant was guilty of leaving the scene because the injured party and a police officer were present at the scene within a reasonable time after the accident E. holding that a 20 to 30 minute delay was warranted when the arresting officer was investigating the accident scene and dealing with the hazard created by the wrecked vehicle

assistant: The best answer is C. holding that exigency exists when time has elapsed while the driver is transported to the hospital and the investigating officer is detained at the accident scene
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 otherwise provided in Section 12.8(b) , this Agreement shall be construed under and enforced in accordance with the laws of the State of New York, without regard to the conflicts of law provisions thereof.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: lead, Federal courts have analogized wrongful discharge and employment discrimination cases to common-law wrongful discharge actions. See Lebow v. American Trans Air, Inc., 86 F.3d 661, 668-669 (7th Cir. 1996); Waldrop v. Southern Co. Servs., 24 F.3d 152, 156 (11th Cir. 1994); Pandazides v. Virginia Bd. of Educ., 13 F.3d 823, 829 (4th Cir. 1994); Gallagher v. Wilton Enters., Inc., 962 F.2d 120, 122-123 (1st Cir. 1992); Smith v. Barton, 914 F.2d 1330, 1337 (9th Cir. 1990), cert. denied, 501 U.S. 1217 (1991). In addition to the legal nature of the plaintiff’s claim in Dalis, the remedies sought in the case (compensatory and exemplary damages, interest and costs, and attorney’s fees) were predominantly legal rather than equitable in nature. See Conway v. Electro Switch Corp., supra (<HOLDING>). We note that the right to seek punitive Options: A. holding compensatory and punitive damages constitute legal remedies B. holding that when compensatory damages are nominal a much higher ratio of punitive damages to compensatory damages can be contemplated C. holding that liquidated damages provision did not provide adequate remedy at law or prevent injunctive relief D. holding that punitive damages are available in an intentional discrimination action even if the jury does not assess compensatory damages E. recognizing that implicit in language of 9 allowing civil action for damages or injunctive relief or both was a plain legislative intent to afford victims of discrimination the legal remedy of compensatory damages

assistant: The best answer is E. recognizing that implicit in language of 9 allowing civil action for damages or injunctive relief or both was a plain legislative intent to afford victims of discrimination the legal remedy of compensatory damages
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: dominion and control over” the weapon. Id. at 126 (quoting Evans, 888 F.2d at 895). The case law in this circuit, then, clearly recognizes that under the statute an individual “carries” a firearm when it is within an accessible distance from that individual. Although this circuit has not addressed the definition of “carry” since the Supreme Court’s decision in Bailey, other circuits nave addressed the issue and continue to define “carry” broadly. Most circuits agree that a weapon must be accessible to the defendant in order to meet the definition of “carry.” In United States v. Giraldo, 80 F.3d 667 (2nd Cir.1996), a firearm located in a secret compa 4 (4th Cir.1997) (finding that firearm need not be accessible to be “carried”); United States v. Molina, 102 F.3d 928 (7th Cir.1996) (<HOLDING>); United States v. Miller, 84 F.3d 1244, Options: A. holding that the twolevel enhancement was appropriate where drugs cash and drug scales were found in defendants parlor and a gun was found in a secret compartment in defendants bathroom vanity B. holding that use of gun was attributable to defendant who aided and abetted armed robbery but never personally carried gun C. holding that after making an arrest of the driver of a vehicle the police may search the passenger compartment of the vehicle D. holding that gun found in unreachable secret compartment in vehicle was carried E. holding that a defendant may not be charged with two separate offenses premised on two amounts of cocaine one found in a box and one found in a bag located in the passenger compartment of the defendants vehicle

assistant: The best answer is D. holding that gun found in unreachable secret compartment in vehicle was carried
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: If a scheduled payment under the Promissory Note is not made in a timely manner, Bank is authorized by Borrower to debit the amount of any such payments from any general deposit account of Borrower with Bank. If at any time the Principal Balance exceeds the Borrowing Limit, Borrower shall within two Business Days repay to Bank an amount sufficient to eliminate such excess.

assistant: Payments
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: Nothing in this Letter Agreement, in the Existing Agreement or in the Release shall limit or impair Executive’s rights to indemnification or advancement under the Charter, By-Laws or directors and officers insurance policy(ies) of CES, CEOC or any affiliates thereof, as in effect or maintained from time to time, which rights shall remain in full force and effect in accordance with their terms.

assistant: Indemnifications
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: Antonio 1954, writ ref’d). In this cause, Johnson specifically pleaded that “[njeither party ever terminated said contract or gave the other notice of termination,” and he does not suggest that evidence bearing on the nonpleaded matters was objected to for the lack of affirmative pleadings. 6 . There are views that the substitution of a party to a contract is a discharge of the original contract, Williams v. Maryland Glass Corporation, 134 Md. 320, 106 A. 755, 757-58 (1919), or, stated differently, is the consent for a separate contract which releases the replaced party from the original contract. Contractors Manage. Corp. v. McDowell-Kelly, 136 Ga.App. 116, 220 S.E.2d 473, 476 (1975). But cf. Minder & Jorgenson Land Co. v. Brustuen, 26 S.D. 38, 127 N.W. 546, 547 (1910) (<HOLDING>). 7 . Parenthetically, it is noted that Options: A. holding that when a contract is signed by one party but not the other the manifestation of consent by the nonsigning party is sufficient to bind that party B. holding that the party prevailing on the significant issues in the litigation is the party that should be considered the prevailing party for attorneys fees C. holding that the substitution of a party acts as a modification discharging the replaced party and substituting the new party with the same rights and liabilities D. holding that the court should look to the actions of the relevant party and determine whether that party fails to insist on its contractual rights or acts inconsistently with such rights E. holding that in a situation where the police have probable cause to arrest one party and reasonably mistake a second party for that first party the arrest of the second party is still a valid arrest

assistant: The best answer is C. holding that the substitution of a party acts as a modification discharging the replaced party and substituting the new party with the same rights and liabilities
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: by scanning into electronic form the text, original illustrations, and cover art of its publications. (Paper 8 at 13). It is well-established that photocopying a copyrighted work without the owner’s permission infringes the owner’s right of reproduction. See Princeton Univ. v. Michigan Document Svcs., 99 F.3d 1381 (6th Cir.1996), cert. denied, 520 U.S. 1156, 117 S.Ct. 1336, 137 L.Ed.2d 495 (1997). Although Defendant used a scanner to create a digital copy of a work, rather than a photocopier to print a physical copy, the methods of copying are equivalent and they are both infringing. A digital copy made without the owner’s permission is copyright infringement. See, e.g., Metro-Goldwyn-Mayer Studios Inc. v. Grokster, Ltd., 545 U.S. 913, 125 S.Ct. 2764, 162 L.Ed.2d 781 (2005) (<HOLDING>). Thus, Defendant has infringed Plaintiffs Options: A. holding that the use of copies or derivatives of copies of copyrighted technical drawings to manufacture a machine did not constitute an act of copyright infringement B. holding grokster not eontributorily liable for copyright infringement by users of its p2p file sharing program C. holding companies contributorily liable for copyright infringement for facilitating users transmissions of unauthorized digital copies of copyrighted works D. holding that the manufacture of a machine from a copyrighted technical drawing is clearly not copyright infringement E. holding that because literary works including compilations and derivative works are within the subject matter of copyright state common law that purported to protect a work for which plaintiffs copyright action was unsuccessful was preempted

assistant: The best answer is C. holding companies contributorily liable for copyright infringement for facilitating users transmissions of unauthorized digital copies of copyrighted works
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 clear intent of this provision is to permit the staff judge advocate or legal officer (not the chief of staff or some other officer in the chain of command) to supplement the staff judge advocate’s recommendation. See generally Article 6(b), UCMJ, 10 USC § 806(b) (“Convening authorities shall at all times communicate directly with their staff judge advocates or legal officers in matters relating to the administration of military justice. . . .”); Cooke v. Orser, 12 MJ 335, 344 (CMA 1982) (noting that Congress intended special relationship between commander and staff judge advocate). The attachment of these comments to the post-trial recommendation without the knowledge or approval of the staff judge advocate was legal error. See United States v. Hensley, 52 MJ 391, 393 (2000) (<HOLDING>); United States v. Finster, 51 MJ 185, 188-89 Options: A. recognizing that exclusion of testimony that provides a direct link to someone other than the defen dant committing the crime constitutes reversible error B. holding that because judge who was substituted for posttrial motions erred in finding that trial court judge made mistake of law grant of new trial was error C. holding posttrial submissions inadmissible where there was no compelling reason why the trial record should be reopened the failure to introduce the posttrial submission at trial reflected lack of due diligence and admission of evidence would have caused undue prejudice D. holding defendant not prejudiced by allowing the state to amend its indictment because he had more than adequate time to prepare his defense E. holding that it was error for someone other than ships legal officer to prepare posttrial recommendation

assistant: The best answer is E. holding that it was error for someone other than ships legal officer to prepare posttrial recommendation
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: vitiate the probable cause that existed at the time of his prosecution. The fourth element of a malicious prosecution claim requires a termination of criminal charges in the plaintiffs favor. This element “is designed principally to ensure against inconsistent judgments and to avoid parallel litigation as to questions of probable cause.” Murphy v. Lynn, 118 F.3d 938, 948 (2d Cir.1997) (internal citations omitted). Where the criminal proceedings do not end in an acquittal, the element of favorable termination is satisfied “only when [the] final disposition is such as to indicate the innocence of the accused.” Id. An adjournment in contemplation of dismissal (“ACD”) does not qualify as a favorable termination. Id. at 949; Singleton v. City of New York, 632 F.2d 185, 193 (2d Cir.1980) (<HOLDING>); Daniel v. Safir, 175 F.Supp.2d 474, 480-81 Options: A. holding that an adjournment in contemplation of dismissal like a consent decree involves the consent of both the prosecution and the accused and leaves open thequestion of the accuseds guilt B. holding that a motion to terminate a consent decree was moot because there was no consent decree left to be terminated C. recognizing that consent is an exception to the warrant requirement and that voluntariness of consent depends on the totality of the circumstances D. holding that consent decree could not preclude plaintiffs from bringing claims that could not have been brought at time consent decree was filed and to which they were legally and procedurally entitled E. holding that a motion to terminate a consent decree was moot because the challenged provisions of the decree had expired

assistant: The best answer is A. holding that an adjournment in contemplation of dismissal like a consent decree involves the consent of both the prosecution and the accused and leaves open thequestion of the accuseds guilt
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: The Recipient’s confidentiality obligations under this Agreement shall survive and subsist indefinitely in relation to any Confidential Information (notwithstanding the prior termination or expiry of this Agreement). If any provision of this Agreement (or part of any provision) is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of any other provision of this Agreement shall not be affected.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The grant and vesting of Restricted Stock Units and the obligation of the Company to issue shares of Stock under this Agreement are subject to all applicable federal and state laws, rules and regulations, including those related to disclosure of financial and other information to the Participant and to approvals by any government or regulatory agency as may be required. The Company shall not be required to issue or deliver any certificates for shares of Stock prior to (A) the listing of such shares on any stock exchange on which the Stock may then be listed and (B) the completion of any registration or qualification of such shares under any federal or state law, or any rule or regulation of any government body which the Company shall, in its sole discretion, determine to be necessary or advisable.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the case so that the court can make the necessary factual findings. United States v. Rowland, 906 F.2d 621, 624 (11th Cir. 1990). Here, the court reviewed and adopted the PSI, but then found that employment opportunities in prison and after release would enable McCorvey to pay a fine in the amount of $800. McCorvey has offered nothing to show his inability to pay this small amount. As the court noted, McCorvey is only 48 years old, has a college education, and has no medical conditions that would prevent him from being able to work while incarcerated and after release. Thus, it appears that the court sufficiently considered the necessary factors before imposing a fine. McCorvey has offered nothing other than the PSI’s findings of his outstanding debt as evidence of his Cir.2002) (<HOLDING>). 4 . Rule 403 provides, "[a]lthough relevant, Options: A. holding that to apply the firearm enhancement the firearm need only reflect the context of the defendants possession and the defendants ability to use the firearm to promote the controlled substance offense B. holding that to enhance a sentence because of the defendants use of a firearm the jury must find the defendant guilty of a crime involving a firearm or otherwise specifically find that a firearm was used C. holding that the application of the enhancement for using a firearm in connection with another felony offense is proper only if there is a clear connection between the firearm that was used in the other offense and the one that was used in the offense of conviction D. holding that in a prosecution for possession of a firearm by a convicted felon defendants assault with the firearm the evening before the charged offense was necessary to complete the story and prove that brown possessed the gun E. holding that an enhancement for an express threat of death may not be applied to the sentence for robbery when the threat is related to the use of the firearm and the defendant has a 924c sentence for the same firearm

assistant: The best answer is A. holding that to apply the firearm enhancement the firearm need only reflect the context of the defendants possession and the defendants ability to use the firearm to promote the controlled substance offense
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: and Speeches of Daniel Webster 55, 68 (1903). 12 See, e. g., Rodriguez v. Popular Democratic Party, 467 U. S. 1, 8 (1982) (“Puerto Rico, like a state, is an autonomous political entity, ‘sovereign over matters not ruled by the Constitution’ ”) (quoting Calero-Toledo v. Pearson Yacht Leasing Co., 416 U. S. 668, 673 (1974)); Insurance Corp. of Ireland, Ltd. v. Compagnie des Bauxites de Guiñee, 456 U. S. 694, 703, n. 10 (1982) (States are “ ‘coequal sovereigns in a federal system’ ”) (quoting World-Wide Volkswagen Corp. v. Woodson, 444 U. S. 286, 292 (1980)); Engle v. Isaac, 456 U. S. 107, 128 (1982) (discussing “the States’ sovereign power to punish offenders”); Underwriters National Assurance Co. v. North Carolina Life & Accident & Health Ins. Guaranty Assn., 455 U. S. 691, 704 (1982) (<HOLDING>); Cabell v. Chavez-Salido, 454 U. S. 432, Options: A. recognizing that through the structure of its government a state defines itself as a sovereign B. holding that as a matter of law the embassy of a sovereign nation is a foreign state C. holding that the united states has not recognized the sovereignty of the moorish nation thus precluding sovereign immunity claims D. holding that by the introduction and admission of the delawares as part of the cherokee nation they became a part of the people of such nation and bound in common with the cherokees by the political power of the nation E. recognizing the structure of our nation as a union of states each possessing equal sovereign powers

assistant: The best answer is E. recognizing the structure of our nation as a union of states each possessing equal sovereign powers
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: U.S. 156, 120 S.Ct. 2113, 147 L.Ed.2d 125 (2000); Williams v. Taylor, 529 U.S. 362, 120 S.Ct. 1495, 146 L.Ed.2d 389 (2000). 2 . See Parker, 132 S.Ct. 2148; Coleman, 132 S.Ct. 2060; Howes, 132 S.Ct. 1181; Hardy, 132 S.Ct. 490; Dixon, 132 S.Ct. 26; Cavazos, 132 S.Ct. 2; Mitts, 131 S.Ct. 1762; Pinholster, 131 S.Ct. 1388; Felkner, 131 S.Ct. 1305; Harrington, 131 S.Ct. 770; Premo, 131 S.Ct. 733; Thompkins, 13 e court's decision was plainly not unreasonable. There was simply no basis for the Ninth Circuit to reach the opposite conclusion, particularly in such a dismissive manner.”); Harrington, 131 S.Ct. at 778 ("[The Ninth Circuit's] opinion shows an improper understanding of § 2254(d)'s unreasonableness standard and operation in the context of a Strickland claim.”); Premo, 131 S.Ct. at 746 (<HOLDING>); Berghuis, 130 S.Ct. at 1392 (finding that the Options: A. holding that where the defendant claims that he was deprived of the right to testify by reason of ineffective assistance of trial counsel the defendant need not also satisfy the second prong of strickland v washington 466 us 668 687 104 sct 2052 2064 80 led2d 674 693 1984 specifically that the deficient performance prejudiced the defense B. holding that the ninth circuit erred in granting habeas relief because the state courts decision was not an unreasonable application of strickland v washington 466 us 668 104 sct 2052 80 led2d 674 1984 C. holding that the sixth circuit erred in granting habeas relief because the state courts upholding of jury instructions and verdict forms regarding the weighing of aggravating and mitigating factors was not contrary to or an unreasonable application of clearly established federal law citation and internal quotation marks omitted D. holding that the ninth circuit improperly granted habeas relief because the state courts decision that it was not inherently prejudicial when court spectators wore buttons depicting the murder victim was not contrary to or an unreasonable application of clearly established federal law E. holding that in the ninth circuit the effects test established in colder v jones 465 us 783 104 sct 1482 79 led2d 804 1984 is met when a foreign defendant does a wrongful act to a foreign resident without regard to whether the actual act is targeted at the forum

assistant: The best answer is B. holding that the ninth circuit erred in granting habeas relief because the state courts decision was not an unreasonable application of strickland v washington 466 us 668 104 sct 2052 80 led2d 674 1984
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: to and redress through the courts. Before trial, Petitioner requested that he be allowed to represent himself. (T. of 11/27/96 at 5-16). After reviewing Petitioner’s educational background, experience with the law, the consequences of proceeding pro se, and his general capacity to knowingly waive his right to counsel, the trial court granted his request. (T. of 11/27/96 at 6-16). However, the trial court appointed standby counsel for Petitioner to consult with at any time he had a question during the proceedings. (T. of 11/27/96 at 15-16). Additionally, standby counsel would be in attendance at all court appearances and would be available to take over as lead counsel should Petitioner change his mind about proceeding pro se. Id.; see Spates v. Manson, 644 F.2d 80, 84 (2nd Cir.1981)(<HOLDING>); see also Benjamin v. Kerik, 102 F.Supp.2d Options: A. holding that although prison inmates have a first amendment right to access to the courts prison officials may regulate law library access including reasonable time place and manner of access taking into account the administrative needs of the institution B. holding that the total denial of all access to the law library for seven months violated the plaintiffs constitutional right of access to the courts C. holding that right of access to courts not infringed where prisoners supplied with an inadequate prison library so long as they were provided with appointed counsel D. holding that prisoner did not have right to access law library because he had courtappointed counsel E. holding that during a postriot lockdown refusal of access to main law library is constitutional as long as access to basic law library for initial legal research is permitted

assistant: The best answer is C. holding that right of access to courts not infringed where prisoners supplied with an inadequate prison library so long as they were provided with appointed 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: Service owned the parking lot where Dorosan’s handgun was found, and its restrictions on guns stemmed from its constitutional authority as the property owner. See U.S. Const. art. IV, § 3 cl. 2; United States v. Gliatta, 580 F.2d 156, 160 (5th Cir.1978). This is not the unconstitutional exercise of police power that was the source of the ban addressed in Heller. See 128 S.Ct. at 2787-88 (noting the laws in question “generally prohibited] the possession of handguns” anywhere in the city). Moreover, the Postal Service used the parking lot for loading mail and staging its mail trucks. Given this usage of the parking lot by the Postal Service as a place of regular government business, it falls under the “sensitive places” exception recognized by Heller. See Heller, 128 S.Ct. at 2816-17 (<HOLDING>). Finally, the Postal Service was not obligated Options: A. holding that turner did not cast doubt on the courts previous holding that strict scrutiny applies to racial classifications in prisons B. holding that evidence in first trial concerning firearms in which defendant was acquitted of drug and rico conspiracies could be used in second trial on firearms offenses because evidence was collateral to elements of offenses in second trial C. holding that nothing in our opinion should be taken to cast doubt on laws forbidding the carrying of firearms in sensitive places such as schools and government buildings D. holding that when a constitutional right is vested in a party and there is a doubt as to whether that right has been waived the doubt should be resolved in the defendants favor E. holding that cash is the type of loot that criminals seek to hide in secure places like their homes and items such as firearms are the types of evidence likely to be kept in a suspects residence

assistant: The best answer is C. holding that nothing in our opinion should be taken to cast doubt on laws forbidding the carrying of firearms in sensitive places such as schools and government buildings
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: while spotify accepts no responsibility for third party applications or the content thereof , and while your relationship with such third party applications may be governed by separate agreements with such third parties , to the extent permitted by applicable law , your sole and exclusive remedy , as with respect to spotify , for any problems or dissatisfaction with third party applications or the content thereof , is to uninstall and/or stop using any such third party applications .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The term of each Award shall be for such period as may be determined by the Board. Subject to the terms of the Plan and any applicable Award Agreement, payments to be made by the Company upon the grant, vesting, maturation or exercise of an Award may be made in such forms as the Board shall determine at the date of grant or thereafter, including, without limitation, cash, Stock or other property, and may be made in a single payment or transfer, in installments or on a deferred basis. The Board may make rules relating to installment or deferred payments with respect to Awards, including the rate of interest to be credited with respect to such payments. In addition to the foregoing, the Board may impose on any Award or the exercise thereof, at the date of grant or thereafter, such additional terms and conditions, not inconsistent with the provisions of the Plan, as the Board shall determine.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall be governed by, and construed in accordance with, the laws of the State of Connecticut, without reference to principles of conflict of laws. The captions of this Agreement are not part of the provisions hereof and shall have no force or effect. This Agreement may not be amended or modified except by a written agreement executed by the parties hereto or their respective successors and legal representatives.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: For this reason, the DHO’s failure to produce and review the work-crew log was not prejudicial to Mitchell, and the error, if any, was harmless. B. Failure to Provide a Written Statement of Reasons Mitchell’s second claim, that the DHO failed to provide a written statement of the reasons for her finding of guilt, is contradicted by the record. The DHO filled out a form titled “Disciplinary Hearing Report.” (R. at 33.) In a section labeled “Evidence relied on for finding of Guilt,” the DHO explained that she relied on the librarian’s description of the incident and the fact that Mitchell produced no evidence to the contrary. (Id.) We have no difficulty in concluding that this written statement meets the due process requirements announced in Wolff. See, e.g., Mitchell, 80 F.3d at 1445 (<HOLDING>)-, Taylor v. Wallace, 931 F.2d 698, 703 (10th Options: A. holding that a statement implying that the defendant was guilty of the crime for which he was on trial was inadmissible hearsay B. holding that police officers have a duty to conduct an investigation into the basis of the witness report C. holding defendants statement that presentence report was correct did not constitute admission to the nature and cireumstances of the crime reflected in the report D. holding that an officers hearsay statement was not cumulative to the eyewitnesss testimony where the officers statement provided the only evidence of a possible motive for the shooting and where the officers statement was based on his own observations not the eyewitnesss observations E. holding that written statement that inmate was found guilty on the basis of officers report satisfied wolff

assistant: The best answer is E. holding that written statement that inmate was found guilty on the basis of officers report satisfied wolff
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: protected conduct and the adverse action. Rhoads v. F.D.I.C., 257 F.3d 373, 392 (4th Cir.2001). ASWAN argues that it satisfies this test because (1) its ADA claims against VCU in this lawsuit constitute protected conduct, (2) VCU’s withdrawal of its earlier promise to help pay the cost of transporting homeless people constitutes an adverse action against ASWAN and its members, and (3) the reason for VCU’s reversal was to retaliate against ASWAN for bringing this lawsuit. As ASWAN admits, however, VCU was under no obligation to help pay the cost of transporting homeless people to and from the Conrad Center. And retracting a gratuitous promise does not amount to a discriminatory act or an adverse action. See Stiltner v. Beretta U.S.A. Corp., 74 F.3d 1473, 1482-84 (4th Cir.1996) (en banc) (<HOLDING>). Although Stiltner involves ERISA’s Options: A. holding that the mvra overrides erisas antialienation provision B. holding gratuitous transfer of real property to hospital did not trigger right of first refusal C. holding that the employers revocation of gratuitous healthcare benefits did not violate erisas antiretaliation provision D. holding employers promise that retiree benefits will continue did not create vested lifetime benefits in the face of a termination clause E. holding that fehbas complete preemption provision closely resembles erisas express preemption provision and precedent interpreting the erisa provision thus provides authority for cases involving the fehba provision

assistant: The best answer is C. holding that the employers revocation of gratuitous healthcare benefits did not violate erisas antiretaliation provision
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: 133 S.Ct. 2276, 186 L.Ed.2d 438 (2013). See Doc. 3 at 4; Doc. 8 at 5. Section 2255 grants a petitioner one year to file a § 2255 motion from “the date on which the right asserted was initially recognized by the Supreme Court, if that right has been newly recognized by the Supreme Court and made retroactively applicable to cases on collateral review.” 28 U.S.C. § 2255(f)(3). Descamps issued on June 20, 2013. Petitioner’s § 2255 motion was filed within one year from that date. However, “Descamps does not apply retroactively to cases on collateral review...” Abney v. Warden, No. 15-1088, 621 Fed.Appx. 580, 584, 2015 WL 4546193, at *4 (11th Cir. 2015). Thus, Petitioner’s § 2255 motion is untimely filed based on Descamps. See King v. United States, 610 Fed.Appx. 825, 829 (11th Cir.2015) (<HOLDING>). Although not argued by Petitioner, the Court Options: A. holding that batson v kentucky does not apply retroactively to cases on collateral review B. holding that apprendi does not apply retroactively to claims raised in a 2255 motion C. holding descamps does not apply retroactively to cases on collateral review and thus the 2255 motion was not timely under 2255f3 D. holding that booker does not apply retroactively to collateral proceedings under 2255 E. holding booker is not retroactively applicable to cases on collateral review

assistant: The best answer is C. holding descamps does not apply retroactively to cases on collateral review and thus the 2255 motion was not timely under 2255f3
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall be governed by and construed in accordance with the laws of the State of New York applicable to agreements made and to be fully performed therein. Any disputes that arise under this Agreement, even after the termination of this Agreement, will be heard only in the state or federal courts located in the City of New York, State of New York. The parties hereto expressly agree to submit themselves to the jurisdiction of the foregoing courts in the City of New York, State of New York. The parties hereto expressly waive any rights they may have to contest the jurisdiction, venue or authority of any court sitting in the City and State of New York. In the event Rodman or any Indemnified Person is successful in any action, or suit against the Company, arising out of or relating to this Agreement, the final judgment or award entered shall be entitled to have and recover from the Company the costs and expenses incurred in connection therewith, including its reasonable attorneys' fees. Any rights to trial by jury with respect to any such action, proceeding or suit are hereby waived by Rodman and the Company.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: between 1983 and 1986. Stanley’s engineer, Hreha, was present throughout Powers’ deposition. The Court revisits its ruling upon further contemplation of the purpose of a Rule 30(b)(6) deposition. In a Rule 30(b)(6) deposition, there is no distinction between the corporate representative and the corporation. See United States v. Taylor, 166 F.R.D. 356, 361 (M.D.N.C.1996) (noting that in a Rule 30(b)(6) deposition “[t]he corporation appears vicariously through its designee”). “The Rule 30(b)(6) designee does not give his personal opinion. Rather, he presents the corpo ration’s ‘position’ on the topic.” Id. (citing cases). The designee testifies on behalf of the corporation and holds it accountable accordingly. See Starlight Int’l, Inc., v. Herlihy, 186 F.R.D. 626, 688 (D.Kan.1999) (<HOLDING>) (quoting Audiotext Communications Network, Options: A. holding individual who signed contract on behalf of a corporation is individually liable where he knew corporation was not incorporated at the time the contract was executed B. holding that a corporation has a duty under rule 80b6 to provide someone who is knowledgeable in order to provide binding answers on behalf of the corporation C. holding that an officer or director generally owes a fiduciary duty only to the corporation over which he exercises management authority and any breach of fiduciary duty claims arising out of injuries to the corporation in most cases may only be brought by the corporation itself or derivatively on its behalf D. holding that individuals assumption of the role of president of the corporation and her authority to sign documents on behalf of the corporation demonstrate that she had the requisite control over the corporation for purposes of finding individual liability under section 5a E. holding that claims of corporation vest in corporation

assistant: The best answer is B. holding that a corporation has a duty under rule 80b6 to provide someone who is knowledgeable in order to provide binding answers on behalf of the corporation
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 this Agreement, including any Schedules, and Exhibits, unless otherwise expressly indicated or required by the context: (a) the words “including” or “includes” shall be deemed to mean “including without limitation” and “including but not limited to” (or “includes without limitation” and “includes but is not limited to”) regardless of whether the words “without limitation” or “but not limited to” actually follow the term; (b) the words “herein,” “hereof” and “hereunder” and words of similar import refer to this Agreement (including the Schedules and Exhibits to this Agreement) in its entirety and not to any part hereof unless the context shall otherwise require; (c) no inference in favor of, or against, any party shall be drawn from the fact that one party has drafted any portion of this Agreement; (d) the rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be applied to the interpretation of any terms and conditions of this Agreement; (e) the definitions in this Agreement shall apply equally to both the singular and plural forms of the terms defined; (f) whenever the context may require, any pronoun shall include the corresponding masculine, feminine and neuter forms; (g) the word “or” shall not be exclusive; (h) all references herein to Articles, Sections, Schedules and Exhibits shall be deemed references to Articles and Sections of, and Schedules and Exhibits to, this Agreement; (i) unless the context shall otherwise require, any references to any agreement or other instrument or any law, rule or regulation are to such agreement, instrument, law, rule or regulation as the same may be amended and supplemented from time to time (and, in the case of any law, rule or regulation, to any successor provisions); (j) any reference in this Agreement to a “day” or a number of “days” without explicit reference to “Business Days” shall be interpreted as a reference to a calendar day or number of calendar days; and (k) if any action is to be taken or given on or by a particular calendar day, and such calendar day is not a Business Day, then such action may be deferred until the next Business Day.

assistant: Construction
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: Borrower hereby grants to Lender a lien and right of set-off for all Borrower’s liabilities arising under this Note upon and against Borrower’s deposits, credits and property now or hereafter in the possession or control of Lender. Upon the occurrence and during the continuance of an Event of Default (subject to any applicable notices and grace periods), Lender may, at any time and without notice apply all or any part of said deposits, credits and property to Borrower’s liabilities and obligations under this Note, even though Borrower’s liabilities and obligations hereunder be unmatured.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The purchase and sale of the Property shall be consummated at closing (the “ Closing ” ) on a date mutually satisfactory to Purchaser and Seller (the “ Closing Date ” ), which shall be not more than thirty (30) days after satisfaction of the conditions described in Sections 6.3.1, 6.3.2 and 6.3.3 ; provided that Purchaser shall have the right to postpone the Closing Date by up to fifteen (15) days on written request delivered no later than five (5) days prior to the scheduled Closing Date. Closing shall occur at 10:00 a.m. (Eastern), on the Closing Date at the offices of Shipman & Goodwin LLP, One Constitution Plaza, Hartford, Connecticut 06103, or at such other time and place as may be agreed to in writing by Seller and Purchaser. Alternatively, Closing may occur through an escrow closing conducted by a title insurance company reasonably acceptable to Seller and Purchaser acting as an escrow agent (the “ Escrow Agent ” ). Seller and Purchaser may jointly or severally enter into one or more closing instruction letters that set forth each party's conditions of Closing (each, an “ Escrow Instruction Letter ” ), which Escrow Instruction Letters shall not be inconsistent with the provisions of this Agreement. Upon satisfaction or completion of all Closing conditions and deliveries, Escrow Agent shall deliver the Closing documents to the appropriate parties, record the Deed and any other applicable recordable documents, and make disbursements according to the Settlement Statement (defined in Section 8.1.7 ).

assistant: Closings