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: should be upheld. The court recognizes that “the right the official is alleged to have violated must have been ‘clearly established’ in a more particularized, and hence more relevant, sense: The contours of the right must be sufficiently clear that a reasonable official would understand that what he is doing violates that right.” Anderson v. Creighton, 483 U.S. 635, 107 S.Ct. 3034, 3039, 97 L.Ed.2d 523 (1987). The Anderson court went on to point out, however, that “[t]his is not to say that an official action is protected by qualified immunity unless the very action in question has previously been held unlawful.” Id., citing Mitchell v. Forsyth, 472 U.S. 511, 535, n. 12, 105 S.Ct. 2806, 2820 n. 12, 86 L.Ed.2d 411 (1985); contra Juarbe-Angueira v. Arias, 831 F.2d 11, 13 (1st Cir.1987) (<HOLDING>) quoting Mendez-Palou v. Rohena-Betancourt, 813 Options: A. holding that transit authority director was entitled to immunity despite jury verdict for plaintiffs because law was not clearly established at the time that plaintiffs activities were constitutionally protected from employer retaliation B. recognizing that qualified immunity shields officials unless the plaintiff demonstrates the defendant violated a constitutional right that was clearly established C. holding that officials are entitled to qualified immunity unless at the time of the dismissal it was clearly established that employees in the particular positions at issue in light of the responsibilities inherent in those positions were constitutionally protected from patronage dismissal D. holding that plaintiffs complaint stated a claim for a constitutional deprivation but that the contours of the right at issue were not clearly established and that official was therefore entitled to qualified immunity E. holding that a plaintiff who seeks damages for violation of constitutional or statutory rights may overcome the defendant officials qualified immunity only by showing that those rights were clearly established at the time of the conductat issue

assistant: The best answer is C. holding that officials are entitled to qualified immunity unless at the time of the dismissal it was clearly established that employees in the particular positions at issue in light of the responsibilities inherent in those positions were constitutionally protected from patronage dismissal
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: Stat. 5/12-1001(f); Iowa Code. Ann. § 627.6(6); Minn. Stat § 550.37(10); Neb.Rev.Stat. § 44-371; N.Y. Ins. Law § 3212(b)(2); N.D. Cent.Code § 28-22-03.1; S.C.Code Ann. § 15—41—30(11)(c); S.D. Codified Laws § 58-12-4; Utah Code Ann. § 78-23-5; Wis. Stat. Ann. § 815.18. And, the federal statute (applicable only in states that have not opted out of the federal exemptions) provides a beneficiary with an exemption for the proceeds of life insurance when the beneficiary was a spouse and the proceeds are necessary for the beneficiary’s support. See 11 U.S.C. § 522(a)(1), (d)(ll)(C). While these statutes show that many states and the United States would allow a beneficiary to claim an exemption in the proceeds of group life insurance, see, e.g., In re Stilwell, 321 B.R. 471 (C.D.Ill.2005) (<HOLDING>), the Court will focus its discussion on Options: A. holding a debtors claim for loss of consortium to be entitled to an exemption under the oklahoma exemption statute and collecting other bankruptcy decisions recognizing a debtor spouses loss of consortium as the basis for allowing an exemption under federal and various state exemption statutes B. recognizing ability of beneficiary to claim exemption in bankruptcy C. holding act qualifies as exemption statute under exemption 3 D. holding that a wife could claim a homestead exemption even though she only had a beneficiary interest in the property held in trust E. holding that a bankruptcy debtor may claim the homestead exemption for real property transferred to a selfsettled revocable trust even though the settlor and the beneficiary as well as the bankruptcy debtor were the same person

assistant: The best answer is B. recognizing ability of beneficiary to claim exemption in bankruptcy
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 term or provision of this Agreement that is invalid or unenforceable in any situation in any jurisdiction shall not affect the validity or enforceability of the remaining terms and provisions hereof or the validity or enforceability of the offending term or provision in any other situation or in any other jurisdiction. If the final judgment of a court of competent jurisdiction declares that any term or provision hereof is invalid or unenforceable, the Parties agree that the court making the determination of invalidity or unenforceability shall have the power to limit the term or provision, to delete specific words or phrases, or to replace any invalid or unenforceable term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Agreement shall be enforceable as so modified.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Notwithstanding any term or provision of this Agreement which may be construed to the contrary, each Eurodollar Loan shall be in an amount of no less than $1,000,000 and in an integral multiple of $1,000,000 in excess thereof, and at no time shall the aggregate number of all Eurodollar Loans then outstanding exceed eight (8).

assistant: Miscellaneous
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: Gang Evidence: Issues for Criminal Defense, 30 Santa Clara L. Rev. 739 (1990). 30 See Texas Penal Code Ann. § 71.01, providing in part: "(d) Three or more persons having a common identifying sign or symbol or an identifiable leadership who continuously or regularly associate in the commission of criminal activities.” Section 71.02(a) defines criminal activities as collaboration in drug, gun, sex, or gambling crimes, and including other felonies. See also Cal. Penal Code § 186.22 "Street Terrorism Enforcement and Prevention Act” (STEP); part (b)(1) provides for mandatory enhanced sentences for "gang” crimes; parts (e) and (f) provide a definition of gang and classify certain crimes as "gang activity”. But see People v. Green, 227 Cal. App. 3d 692, 700, 278 Cal. Rptr. 140, 146 (1991) (<HOLDING>). 31 See Molina, supra; Burrell, supra. 32 See Options: A. holding that active participation in a criminal street gang means that there is a relationship between the defendant and the gang that is more than nominal passive inactive or purely technical and that defendant must devote all or a substantial part of his time and efforts to the gang B. holding appellate counsel did not provide ineffective assistance of counsel by failing to appeal district courts decision to admit evidence that defendant was a member of a gang because gang membership was relevant to show motive and intent C. holding that murder committed by minor gang members was not foreseeable result of sale of alcohol to gang members D. holding that experts testimony as to aspects of gang culture relevant to the case including requirements of members obedience silence and staunch defense of other gang members and the punishment meted out to a gang member who violates these requirements went to factual matters outside the experience of the average juror E. holding the district court properly admitted expert testimony on defendants active gang membership

assistant: The best answer is A. holding that active participation in a criminal street gang means that there is a relationship between the defendant and the gang that is more than nominal passive inactive or purely technical and that defendant must devote all or a substantial part of his time and efforts to the gang
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 light most favorable to the non-moving party). We reject this argument. First and foremost, Capital One is not a party to this action. If Bentrud has a complaint with the manner in which Capital One changed (i.e. reduced) the interest rate, he can raise that issue in arbitration. The district court’s inquiry, and ours on appeal, concerns the representations and collection efforts of Bowman Heintz, the party alleged by Bentrud to have committed the FDCPA violations. Based on the record before us, Bentrud has not raised a triable issue that Bowman Heintz either misrepresented the interest rate or attempted to collect an amount not authorized by the agreement with Capital One. Because Bentrud failed to carry his burden, see Hess v. Kanoski Bresney, 784 F.3d 1154, 1159 (7th Cir.2015) (<HOLDING>), his second FDCPA claim, theorized under § Options: A. holding that the plaintiffs have the burden of proof and persuasion as to the existence of standing B. recognizing that the burden of persuasion for a showing of prejudice was on the defendant C. holding without discussing the plaintiffs burden of persuasion that the plaintiff had presented sufficient evidence to survive summary judgment D. holding plaintiff to his burden of persuasion on appeal of summary judgment E. holding that plaintiff bears burden of production as well as persuasion

assistant: The best answer is D. holding plaintiff to his burden of persuasion on appeal of summary judgment
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: “[t]he sole issue ... is the existence of a relevant statute and the inclusion of withheld material within that statute’s coverage.” Goland v. CIA 607 F.2d 339, 350 (D.C.Cir.1978). Courts limit nondisclosure statutes to those that are “the product of congressional appreciation of the dangers inherent in airing particular data” and that “incorporatef ] a formula whereby the administrator may determine precisely whether th Criminal Procedure 6(e), which prohibits the release of grand jury transcripts, as well as the names or identities of actual or potential grand jury witnesses, or other information that would reveal the scope, focus, and direction of the grand jury. See Fund for Constitutional Government v. Nat’l Archives and Records Service, 656 F.2d 856, 867, 869 (D.C.Cir. 1981) (<HOLDING>). Finally, the DOC properly invokes the Options: A. holding that rule 6e qualifies as a statute for purposes of exemption 3 B. holding a debtors claim for loss of consortium to be entitled to an exemption under the oklahoma exemption statute and collecting other bankruptcy decisions recognizing a debtor spouses loss of consortium as the basis for allowing an exemption under federal and various state exemption statutes C. holding that 6103 qualifies as an exemption statute D. holding that various versions of the statute qualify as an exemption 3 statute E. holding that the statute qualifies as an exemption 3 statute

assistant: The best answer is E. holding that the statute qualifies as an exemption 3 statute
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: Edwards thereafter made the scope of his consent less clear by placing the bag on the bed before the officer began the pat-down, his passive acquiescence while the officer searched the bag affirmed that the bag was within the scope of his consent. See Grinton, 14 Va.App. at 851, 419 S.E.2d at 863 (“The scope of a search may be further defined during the course of the search by the passive acquiescence of the person whose property is being searched.”); United States v. Rison, 946 F.2d 1497, 1501 (10th Cir.1991); United States v. Espinosa, 782 F.2d 888, 892 (10th Cir.1986) (“Failure to object to the continuation of the search ... may be considered an indication that the search was within the scope of the consent.”); McNair v. Commonwealth, 31 Va.App. 76, 83, 521 S.E.2d 303, 307 (1999) (<HOLDING>). In Grinton, the defendants expressly Options: A. holding that the defendants consent to allow the officer to search her purse by way of holding it open for the officer was for consent to a limited view of the purses interior not to surrender possession for an unrestricted search and thus the officer exceeded the scope of the defendants consent B. holding that defendants failure to withdraw consent to search for criminal activity in his home included the top floor because he did not withdraw his consent to search when he observed the officer go upstairs C. holding that the defendants unlawful arrest in his hotel room rendered his subsequent consent to the search of his room invalid even though he signed a consent form allowing the search after his arrest because the government completely failed to address whether there was a break in the causal relationship between the unlawful arrest and the subsequent search D. holding the defendant voluntarily consented to a search of his bedroom based upon evidence that defendant 1 did not contest the fact that he had voluntarily given verbal consent to the search 2 did not appear to be nervous or scared and was cooperative with the officers 3 led officers to his bedroom and 4 was present for the search and did not indicate at any time that he wished to revoke his consent E. holding that it was objectively reasonable for the police to conclude that the general consent to search the respondents car included consent to search a bag within that car

assistant: The best answer is B. holding that defendants failure to withdraw consent to search for criminal activity in his home included the top floor because he did not withdraw his consent to search when he observed the officer go upstairs
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: No Shares will be issued pursuant to the exercise of this option unless and until the Participant pays to the Company, or makes provision satisfactory to the Company for payment of, any federal, state or local withholding taxes required by law to be withheld in respect of this option. Pursuant to Section 11(e) of the Plan, the Company shall determine, in its sole discretion, whether to allow the Participant to satisfy his or her tax withholding obligations through a broker-assisted cashless option exercise.

assistant: Withholdings
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: Capitalized terms have the meanings set out or referred to in this Section 1 or as otherwise defined in this CMA. Capitalized terms used herein and not otherwise defined herein shall have the meaning ascribed to such terms in the Asset Purchase Agreement (as defined below).

assistant: Definitions
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: 12.2 the airbnb platform facilitates bookings between guests and hosts who may prefer to pay in a currency different from their destination currency , which may require currency conversions to accommodate these differing currency preferences .

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: GSK has full power and authority to enter into this Agreement and this Agreement constitutes a valid and legally binding obligation, enforceable in accordance with its terms except (i) as limited by applicable bankruptcy, insolvency, reorganization, moratorium, and other laws of general application affecting enforcement of creditors’ rights generally and (ii) as limited by laws relating to the availability of specific performance, injunctive relief, or other equitable remedies.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: No failure or delay on the part of the Company or Purchaser to exercise any right, power or remedy shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy under this Agreement. No amendment, modification or waiver of any provision of this Agreement shall be effective unless the same shall be in writing signed by the Company and Purchaser.

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 case excerpt and choose the best holding from the options. Case excerpt: denied, 393 U.S. 1112, 21 L.Ed.2d 812 (1969). Rule 29 states that “[t]here shall be no direct communication between the parties and a neutral arbitrator other than at oral hearings . . . .” American Arbitration Association, Construction Industry Arbitration Rules § 29 (1991). Canon II establishes a continuing duty to disclose, at any stage of the arbitration, “[a]ny existing or past financial, business, professional, family or social relationships which are likely to affect impartiality or which might reasonably create an appearance of partiality or bias.” American Arbitration Association Code of Ethics, Canon II (1977). Defendants contend that the ex parte communi ox Co., 88 N.C. App. 88, 92-94, 362 S.E.2d 615, 618-19 (1987), disc. review denied, 322 N.C. 838, 371 S.E.2d 285 (1988) (<HOLDING>); Turner v. Nicholson Properties, Inc., 80 N.C. Options: A. holding the district court has the discretion to review the arbitrators award or to stay enforcement of the award pending the boards decision on the unfair labor practice claims B. holding that the party seeking to vacate the award has the burden of providing the court with the evidence to support its arguments C. holding that actions of arbitrators in gathering evidence outside the scheduled hearings and without notice to the parties constituted misconduct sufficient to vacate the award D. holding that an arbitrators award should have been vacated E. holding that uncouth sarcastic and critical comments by arbitrators during the hearing amounted to misconduct under gs 156713 sufficient to vacate the award

assistant: The best answer is E. holding that uncouth sarcastic and critical comments by arbitrators during the hearing amounted to misconduct under gs 156713 sufficient to vacate the award
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 the jury on a television screen. Of the remaining photographs, two showed close-ups of the victim’s head, again one face-up and the other face-down; the others, which were taken by the medical examiner, depicted close-ups of the victim’s gunshot wounds to the head and buttocks and showed a close-up of the victim’s face. The surviving victim’s graphic, minute-by-minute description of the events at the Vogt Street residence — the words that were said, hearing her best friend shot in the other room, and her terror during these events — as well as the shocking photographs of the deceased victim, is simply not the type of evidence that can be filed away in some compartment of the mind and considered for only a limited purpose. See Taylor, 93 S.W.3d at 506; Montgomery, 810 S.W.2d at 397 (<HOLDING>); Hilliard v. State, 881 S.W.2d 917, 920 Options: A. holding that district courts incomplete 404b limiting instruction did not warrant reversal because district court told defense counsel what limiting instruction it would give and defense counsel did not object or request a more specific instruction B. holding defendant who failed to request limiting instruction concerning use of extraneous offenses at the moment the evidence was admitted was not entitled to limiting instructions in jury charge C. recognizing that upon request the trial court may provide a limiting instruction to the jury D. holding the admission of expert testimony that exceeded the bounds of rule 704 was prejudicial despite the fact that the court gave the jury a limiting instruction similar to the instruction in this case E. recognizing that limiting instruction would not likely have neutralized the danger that the jury would lose sight of the specific issues they were to decide

assistant: The best answer is E. recognizing that limiting instruction would not likely have neutralized the danger that the jury would lose sight of the specific issues they were to decide
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: If the Executive dies during the Employment Period while employed, this Agreement will terminate without any further obligation on the part of the Company under this Agreement, other than for (i) payment of the Accrued Obligations (which shall be paid to the Executive’s beneficiary designated in writing or his/her estate, as applicable, in a lump sum cash payment within thirty (30) days of the date of death); (ii) the timely payment of the Welfare Continuance Benefit to the Executive’s spouse and other dependents; and (iii) the timely payment of all death and retirement benefits pursuant to the terms of any plan, policy or arrangement of the Company and its affiliated companies. If the Executive dies after the Date of Termination, but prior to the expiration of the Welfare Continuance Benefit period, the Executive’s spouse and other dependents will be entitled to the remaining payment of the Welfare Continuance Benefit due to the Executive under Section 6(a)(iii).

assistant: Death
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: Because of Miller's knowledge and experience, Miller agrees that Fidelity shall be entitled to specific performance, an injunction, temporary injunction or other similar relief without the posting of a bond or other security in addition to all other rights and remedies it might have for any violation of the undertakings set forth in Sections 4, 5, 6 and 7 of this Agreement. In any such court proceeding, Miller will not object thereto and claim that monetary damages are an adequate remedy.

assistant: Specific Performance
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: litigated issue was whether a drafting mistake had occurred in a trust document); Chilson v. Metro. Transit Auth., 796 F.2d 69 (5th Cir.1986) (same, where the previously litigated issue was whether an employee had been unlawfully discharged). What matters is whether the movant presents new evidence to support the motion, in addition to satisfying the other criteria of Rule 60(b)(2). See Waddell, 329 F.3d at 1309. By applying the wrong legal standard to Wortley’s Rule 60(b)(2) motion, the bankruptcy court abused its discretion. See Ameritas Variable Life Ins. Co., 411 F.3d at 1330. Even if the bankruptcy court’s statements can be construed as applying the standards of Rule 60(b)(2), it made clear errors of judgment and abused its discretion in applying those standards. See id. (<HOLDING>). For example, the bankruptcy court’s statement Options: A. recognizing that the trial court abuses its discretion when it commits an error of law in reaching a discretionary decision B. holding that a court abuses its discretion by making clear errors of judgment C. holding that sentencing court abuses its discretion by committing a clear error of judgment D. holding that trial court clearly abuses its discretion if it reaches decision so arbitrary and unreasonable as to amount to clear and prejudicial error of law E. holding a court abuses its discretion when it commits an error of law

assistant: The best answer is B. holding that a court abuses its discretion by making clear errors of judgment
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: access to firearms, “could be construed as conscience-shocking” behavior sufficient to render summary judgment inappropriate). As pled, Booker and Peagler ignored known or likely injuries and abuse to Chandler, chose not to further investigate such possible abuse, and ignored the danger posed by his continued residence in Jon Phillips’s home. See Currier v. Doran, 242 F.3d 905, 920 (10th Cir.2001) (finding caseworker’s failure to investigate bruises and continued allegations of abuse, as well as responsibility for court order granting custody to caretaker, could be conscience-shocking behavior sufficient to survive dismissal). Of course, discovery may inform the context of Booker’s and Peagler’s actions such that their behavior was not conscience shocking. See Weise, 507 F.3d at 1265 (<HOLDING>). However, construing all inferences in Options: A. recognizing that the denial of qualified immunity at the dismissal stage does not preclude a renewal of that defense at summary judgment after further factual development has occurred B. recognizing that interlocutory appeals are permitted both at appeal of denial at dismissal stage and at later appeal of denial of summary judgment after further factual development C. holding that factual disputes will result in denial of summary judgment only when they pertain to the qualified immunity defense D. holding that credibility determinations should not be resolved at the summary judgment stage E. holding that an interlocutory appeal lies from a denial of summary judgment on a qualified immunity claim

assistant: The best answer is A. recognizing that the denial of qualified immunity at the dismissal stage does not preclude a renewal of that defense at summary judgment after further factual development has occurred
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 resident of Minnesota, and, therefore, the affidavit in support of publication was “manifestly false.” An affidavit must be supported by “good faith that [the defendant] cannot be found in the state.” Van Rhee v. Dysert, 154 Minn. 32, 35, 191 N.W. 53, 54 (1922). A “good faith” affidavit is required to show that the party and attorney used “due diligence in making a search for the defendant.” Id. Whether a party’s efforts at service were diligent is a question of fact. Duresky v. Hanson, 329 N.W.2d 44, 49 (Minn.1983). The steps necessary to constitute a diligent search can vary by case, but the plaintiff must be able to demonstrate that he or she has reasonably attempted to find the defendant and has been unsuccessful. Id. at 49; see also Van Rhee, 154 Minn. at 35, 191 N.W. at 54 (<HOLDING>). Here, the record supports the district Options: A. recognizing county officers as those whose general authority and jurisdiction are confined within the limits of the county in which they are appointed who are appointed in and for a particular county and whose duties apply only to that county and through whom the county performs its usual political functions B. holding that the grant county prosecutor had a statutory duty to be legal advisor to the county clerk even though she was not embroiled in litigation in which the county was the real party in interest C. holding that both saline county and grant county had jurisdiction to try the appellant for murder where the actual killing occurred in one county but the acts requisite to the consummation of the murder and the subsequent disposal of the body occurred in the other county D. holding that relief against county and state officers was barred by the eleventh amendment because the state funded and cooperated in operating the county program at issue E. holding that a search was diligent when a plaintiff made repeated inquiries of numerous persons at places in the county in which the defendant was believed to reside sought information touching the whereabouts of the defendant from several county officers and various places of business and looked for financial records regarding the defendant and his heirs

assistant: The best answer is E. holding that a search was diligent when a plaintiff made repeated inquiries of numerous persons at places in the county in which the defendant was believed to reside sought information touching the whereabouts of the defendant from several county officers and various places of business and looked for financial records regarding the defendant and his heirs
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: it would be clear to a reasonable police officer that his conduct was unlawful in the situation he confronted.” Id. at 202, 121 S.Ct. 2151. Thus, “[t]he qualified immunity standard ‘gives ample room for mistaken judgments by protecting all but the plainly incompetent or those who knowingly violate the law.’ ” Gilles v. Davis, 427 F.3d 197, 203 (3d Cir.2005) (quoting Hunter v. Bryant, 502 U.S. 224, 229, 112 S.Ct. 534, 116 L.Ed.2d 589 (1991)). Here, the individual defendants found themselves between two competing obligations: the need to respect Bernard’s constitutional right to decline medical treatment, see White, 897 F.2d at 112 and supra note 6, and the obligation to be responsive to his medical needs, see Natale, 318 F.3d at 582. See also Saucier, 533 U.S. at 201, 121 S.Ct. 2151 (<HOLDING>). Their conduct cannot, therefore, be Options: A. holding that in excessive force cases the threshold question for the court is whether the officers conduct violated a clearly established constitutional right B. holding that in deciding whether officers are entitled to qualified immunity it is not only the evidence of clearly established law that is for the court but also whether a reasonable officer could have believed that his or her conduct was lawful in light of the information the officer had C. holding that determination of whether right is clearly established must be undertaken in light of the specific context of the case D. holding the right to record police activity on public property was not clearly established E. holding that second element of qualified immunity test is whether the law violated was clearly established

assistant: The best answer is C. holding that determination of whether right is clearly established must be undertaken in light of the specific context of the case
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: 7.4 you represent and warrant that you have ( and will continue to have during your use of the service ) all necessary licenses , rights , consents , and permissions which are required to enable youtube to use your content for the purposes of the provision of the service by youtube , and otherwise to use your content in the manner contemplated by the service and these terms .

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: at 694, 104 S.Ct. 2052). There is a strong presumption that counsel’s performance was not deficient. Strickland, 466 U.S. at 689, 104 S.Ct. 2052. Regarding the prosecutor’s statements concerning Dailey’s presumption of innocence, we agree with the trial court that when read in context, the comments appear to be a statement by the prosecutor of her belie f seven instances of prosecuto-rial misconduct undermined the validity of the trial to the extent that a guilty verdict could not have been reached without the assistance of these errors. Because these claims of prosecutorial misconduct are all premised on facts in the record, they could have and should have been raised on direct appeal. The claims are therefore proee-durally barred. See Spencer v. State, 842 So.2d 52, 60-61 (Fla.2003) (<HOLDING>). 2. Giglio /Newly Discovered Evidence Claim Options: A. holding that the failure to identify and distinguish which claims of prosecutorial misconduct have been previously litigated and which were waived permits rejection of the underlying claims of prosecutorial misconduct which in turn eviscerates the cognizable layered claims B. holding that habeas proceedings are not available to test the legality of matters which should have been raised on direct appeal C. holding that postconviction relief claims which either were raised or could have been raised on direct appeal were properly denied without an evidentiary hearing D. holding that claims alleging prosecutorial misconduct which were based on facts in the record could have and should have been raised on direct appeal and were thus not cognizable in postconviction proceedings E. holding that nonconstitutional claims that could have been raised on direct appeal may not be asserted in a collateral proceeding

assistant: The best answer is D. holding that claims alleging prosecutorial misconduct which were based on facts in the record could have and should have been raised on direct appeal and were thus not cognizable in postconviction 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 case excerpt and choose the best holding from the options. Case excerpt: v. Wilson, 102 F.3d 85, 89 (3d Cir.1996). The District Court held that Fluegel had probable cause to arrest Nawrocki in significant part because of the polygraph evidence which the Nawrockis claim was erroneously admitted. We review the District Court’s evidentiary rulings for abuse of discretion. Hur admissible. See, e.g., United States v. Crumby, 895 F.Supp., 1354, 1358-63 (D.Ariz.1995) (polygraph evidence admissible because sufficiently reliable given narrow purposes); United States v. Galbreth, 908 F.Supp. 877, 878-95 (D.N.M. 1995) (polygraph evidence admissible because reliable in specific case). However, most appellate courts that have discussed polygraph evidence after Daubert have ruled against admitting it. See, e.g., United States v. Lea, 249 F.3d 632, 639-40 (7th Cir.2001) (<HOLDING>); United States v. Benavidez-Benavidez, 217 Options: A. holding that an employee was wrongfully discharged for refusing to submit to a polygraph test B. holding that evidence of a witnessess refusal to take a polygraph exam is inadmissible C. holding that evidence that a polygraph test was offered to or refused by a defendant was not admissible D. holding that the polygraph results were excludable under er 403 E. holding admissibility of polygraph evidence should be resolved under fedrevid 403 balancing test but reliability of polygraph test may be included to determine how probative particular polygraph test is

assistant: The best answer is E. holding admissibility of polygraph evidence should be resolved under fedrevid 403 balancing test but reliability of polygraph test may be included to determine how probative particular polygraph test is
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 will, and will cause each of the other Loan Parties to, at its own expense and at Agent’s or the Lenders’ request, from time to time do, execute, acknowledge and deliver all and every further acts, deeds, conveyances, transfers and assurances, and all financing and continuation statements and similar notices, reasonably necessary or proper for the perfection of the security interest being herein provided for in the Collateral, whether now owned or hereafter acquired.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: these terms constitute the entire and exclusive understanding and agreement between academia.edu and you regarding the site , services and collective content , and these terms supersede and replace any and all prior oral or written understandings or agreements between academia.edu and you regarding the site , services and collective content .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Borrower hereby waives notice of the time and place of any public sale or the time after which any private sale or other disposition of all or any part of the Collateral may be made. To the extent such notice may not be waived under applicable law, any notice made shall be deemed reasonable if sent to the Borrower, addressed as set forth in Article IX, at least ten days prior to (i) the date of any such public sale or (ii) the time after which any such private sale or other disposition may be made. To the maximum extent permitted by applicable law, the Borrower waives all claims, damages, and demands against the Lender or any other Secured Party arising out of the repossession, retention or sale of the Collateral, except such as arise solely out of the gross negligence or willful misconduct of the Lender or such Secured Party as finally determined by a court of competent jurisdiction. To the extent it may lawfully do so, the Borrower absolutely and irrevocably waives and relinquishes the benefit and advantage of, and covenants not to assert against the Lender or any other Secured Party, any valuation, stay, appraisal, extension, moratorium, redemption or similar laws and any and all rights or defenses it may have as a surety now or hereafter existing which, but for this provision, might be applicable to the sale of any Collateral made under the judgment, order or decree of any court, or privately under the power of sale conferred by this Security Agreement, or otherwise. Except as otherwise specifically provided herein, the Borrower hereby waives presentment, demand, protest or any notice (to the maximum extent permitted by applicable law) of any kind in connection with this Security Agreement or any Collateral.

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 case excerpt and choose the best holding from the options. Case excerpt: by appeal.” See id. Appeals from the general sessions court to the circuit court are governed by Tennessee Code Annotated sections 27-5-101 to - 107 (2000), -108 (Supp.2007). Section 108(a) states that “[a]ny party may appeal from an adverse decision of the general sessions court to the circuit court of the county within a period of ten (10) days on complying with the provisions of this chapter.” (Emphasis added.) The relevant “provision” of chapter five in this case is Tennessee Code Annotated section 27-5-103 and its requirement that an appealing party file a bond for costs of the appeal. Accordingly, filing a bond within the ten-day period is a condition precedent to the timely perfection of an appeal. See Love v. Coll. Level Assessment Servs. Inc., 928 S.W.2d 36, 38 (Tenn.1996) (<HOLDING>); see also City of Red Boiling Springs v. Options: A. holding that tenday time limit to appeal is both mandatory and jurisdictional and an appellate court has no jurisdiction over an untimely filed appeal B. holding that a reviewing court has an obligation to satisfy itself of the jurisdiction of the court below C. holding that when the district court improperly purported to transfer to the circuit court an action over which the circuit court lacked subjectmatter jurisdiction the circuit court was without jurisdiction to enter its judgment which was void and dismissing the appeal from that void judgment D. holding that the appellants claim that the circuit court failed to make specific findings of fact relating to issues raised at an evidentiary hearing on the appellants postconviction petition was not preserved for review because the appellant did not raise the issue in the circuit court E. recognizing that an appellants obligation to timely perfect her appeal from the general sessions court is mandatory and if it is not complied with the circuit court has no jurisdiction

assistant: The best answer is E. recognizing that an appellants obligation to timely perfect her appeal from the general sessions court is mandatory and if it is not complied with the circuit court has no jurisdiction
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 turn. A. Retroactivity Plaintiffs first contend that application of the 2005 Rule to the wage indices for FFYs 2007 and 2008 constitutes impermissible, retroactive rulemaking. Dkt. 21-1 at 21. As an initial matter, the Secretary responds that Plaintiffs waived any retro-activity challenge to the rule by failing to raise that objection during the notice-and-comment period. Dkt. 23 at 21. “It is well established that issues not raised in comments before the agency are waived .... ” Nat’l Wildlife Fed’n v. EPA, 286 F.3d 554, 562 (D.C.Cir.2002), and Plaintiffs do not dispute that neither they nor any other party raised the retroactivity issue during the notice-and-comment period, see Dkt. 24 at 8-13; see also Dkt. 23 at 22; Burnett v. Sharma, 511 F.Supp.2d 136, 145-46 (D.D.C.2007) (<HOLDING>). Plaintiffs contend, however, that the Court Options: A. holding that plaintiff conceded argument raised in dispositive motion by failing to address it B. holding that party waived argument by failing to brief it on appeal C. holding that where one argument is dispositive of the appeal we need not address the defendants other arguments D. holding that the defendant waived any argument on the issue by failing to oppose a motion to dismiss E. holding where one argument is dispositive of the appeal we need not address the defendants remaining arguments

assistant: The best answer is A. holding that plaintiff conceded argument raised in dispositive motion by failing to address it
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: we explained: Equitable tolling would be appropriate, for example, when a prisoner is actually innocent, when an adversary’s conduct— or other uncontrollable circumstances— prevents a prisoner from timely filing, or when a prisoner actively pursues judicial remedies but files a defective pleading during the statutory period. Simple excusable neglect is not sufficient. Moreover, a petitioner must diligently pursue his federal habeas claims; a claim of insufficient access to relevant law, such as AEDPA, is not enough to support equitable tolling. Id. (internal citations omitted). Mr. Bisner has not shown that any of the three circumstances discussed in Gibson, or any similar circumstances, exist. And the reasons Mr. Bisner offers for equitable tolling are simply inadequate. See id. (<HOLDING>); Marsh v. Soares, 223 F.3d 1217, 1220-21 (10th Options: A. holding that aedpas statute of limitations is subject to equitable tolling only when an inmate diligently pursues his claims and demonstrates that the failure to timely file was caused by extraordinary circumstances beyond his control B. holding that the general equitable tolling doctrine is read into every statute of limitations C. holding petitioners alleged ignorance of aedpas statute of limitations is insufficient to warrant equitable tolling D. holding statute of limitations period defined in 28 usc 2244d is subject to equitable tolling E. holding that ignorance or misunderstanding of the law would not toll the running of the statute of limitations

assistant: The best answer is C. holding petitioners alleged ignorance of aedpas statute of limitations is insufficient to warrant equitable tolling