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: that the district court erred in reaching this conclusion because 39 U.S.C. § 409 states that “[ejxcept as otherwise provided in this title, the United States district courts shall have original but not exclusive jurisdiction over all actions brought by or against the Postal Service.” He also points out that the language of section 3662 is permissive rather than mandatory. See 39 U.S.C. § 3662 (“Any interested person ... may lodge a complaint ... ”) (emphasis added). Mr. Foster made the same arguments before the district court, and that court found them to be unpersuasive. We also consider these arguments to be unavailing. As the district court pointed out, the legislative history of § 3662 suggests that “Congress intended a plaintiff to e LLC, 597 F.3d 1374, 1378 (Fed.Cir.2010) (<HOLDING>); Long v. Atlantic City Police Dep’t, 670 F.3d Options: A. holding that the standard of review for the sufficiency of the evidence is the same as the standard for denying a motion for a directed verdict B. holding that state law provides the standard of review for a denial of a rule 50 motion in a diversity case C. holding that the standard for a motion for judgment on the pleadings is the same as the standard for a motion to dismiss D. holding that the standard of review for the denial of a motion for reconsideration is governed by the law of the regional circuit E. holding under third circuit law that the denial of a motion for reconsideration is reviewed for abuse of discretion

assistant: The best answer is D. holding that the standard of review for the denial of a motion for reconsideration is governed by the law of the regional circuit
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 Reinsurer is a special purpose long term insurance company duly organized, validly existing and in good standing under the laws of Bermuda and has all requisite corporate power and authority to own, lease and operate its properties and assets and to carry on the operations of its business as they are proposed to be conducted. The Reinsurer has obtained all authorizations and approvals required under Applicable Law to enter into and perform the obligations contemplated of the Reinsurer under this Agreement and the Reinsurer shall maintain throughout the term of this Agreement all licenses, permits or other permissions of any Governmental Authority that shall be required in order to perform the obligations of the Reinsurer hereunder.

assistant: Organizations
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: believe violation of statute had occurred). Sosa has produced relevant evidence of one misstatement and one omission. First, Sosa argues that Hames misstated the location of Accion’s business records because he knew the documents were kept at the business location and not at Sosa’s residence. According to the Affidavit, Sosa told Officer Reyes the business records were being kept at Sosa’s residence. (See Oct. 4, 2004 Aff. for Search Warrant at 2). Although Sosa maintains he did not make any such statements to Officer Reyes, Hames was entitled rely upon statements made to him by another officer in drafting the Affidavit, even if it is ultimately discovered that Officer Reyes misstated the evidence. See Rugendorf v. United States, 376 U.S. 528, 533, 84 S.Ct. 825, 11 L.Ed.2d 887 (1964) (<HOLDING>); United States v. Ventresca, 380 U.S. 102, Options: A. holding that a statement that the affiant is senior vicepresident and secretary of a corporation asserting a special appearance is sufficient to affirmatively show how the affiant has personal knowledge of the affidavit statements regarding the corporations contacts with texas B. holding that a statement that the affiant is president of the company asserting a claim on an account is sufficient to affirmatively show how the affiant has personal knowledge of the affidavit statements regarding the account C. holding allegation that false affidavit was basis for arrest warrant is sufficient to state 1983 fourth amendment claim against affiant officer D. holding warrant not undermined and affiant did not act in bad faith where affiant relied upon erroneous statements made by third party E. holding that a trial court had implicitly found that an affiant lacked credibility even where the affidavit testimony was uncontroverted

assistant: The best answer is D. holding warrant not undermined and affiant did not act in bad faith where affiant relied upon erroneous statements made by third party
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: D ue to Disability . The Company may terminate Executive ’ s employment if he becomes unable to perform the essential functions of his position as a result of his Disability. Upon any termination of the Term and Executive ’ s employment pursuant to this Section 6 (b), Executive shall receive the Accrued Obligations . All other benefits, if any, due to Executive following Executive ’ s termination by the Company for Disability shall be determined in accordance with the plans, policies and practices of the Company as then in effect ; provided, that Executive shall not be entitled to any payments or benefits under any other agreement or any severance plan, policy or program of the Company (excluding any group health benefit plans ). For the avoidance of doubt, any unvested restricted stock units previously granted as part of the Initial Award or any Annual Award that remain outstanding on the Termination Date shall become fully vested and nonforfeitable on such date and shall be settled as provided by the terms of the 2015 Plan (or any successor thereto) and any applicable individual award agreement(s). Executive shall not earn or accrue any additional or other benefits under this Agreement following the Termination Date .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: .... ”); see also 18 C.F.R. § 39.4(a). In its wake, Alcoa had reason to think that the applicant might still choose its preferred method of cost allocation. We fail to see how Alcoa was imminently aggrieved by a determination that net energy for load is one of potentially many acceptable methods of cost allocation inasmuch as the order did not foreclose Alcoa’s hoped-for outcome. It was only when an applicant actually proposed, and FERC accepted, cost allocation based on net energy for load that Alcoa suffered its alleged harm. That did not occur until the Certification Order. Accordingly, we hold that Alcoa did not suffer any actual or imminent injury as a result of Order No. 672 for which it could have sought review. Cf. DTE Energy Co. v. FERC, 394 F.3d 954, 960-61 (D.C.Cir.2005) (<HOLDING>). Only after the Certification Order could Options: A. holding that bankruptcy courts order was final where is was labeled as a final judgment and was clearly intended to serve as denial of relief sought the order determined the substantive rights at issue there was no indication in the record that the court intended to take further action and no party argued that any further action by the court was to occur B. holding that a party cannot seek review of a conditional order that is subject to a further compliance filing because that order has no binding effect and causes no actual injury C. holding that trial court did not have jurisdiction to order reinstatement of previously dismissed action and thus reinstatement order was void and of no effect and previous order of dismissal was still in effect D. holding that because a violation of a statute had no practical effect there was no concrete injury E. holding that district court has no jurisdiction to take further action where there was no remand order

assistant: The best answer is B. holding that a party cannot seek review of a conditional order that is subject to a further compliance filing because that order has no binding effect and causes no actual injury
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Guaranty Agreement is for the benefit of Administrative Agent, each other Lender Party and their successors, and in the event of an assignment by any Lender Party of the Guaranteed Obligations or any part thereof in accordance with the terms of the Loan Agreement, such Lender Party's assigns, and the rights and benefits hereunder, to the extent applicable to the indebtedness, liabilities, and obligations so assigned, shall be deemed transferred with such indebtedness, liabilities, and obligations without necessity of further express action. This Guaranty Agreement is binding upon Guarantor and its successors and assigns.

assistant: Binding Effects
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: Each party to this Agreement agrees to execute, acknowledge, deliver, file and record such further certificates, amendments, instruments and documents, and to do all such other acts and things, as may be required by law or as, in the reasonable judgment of the Management Committee, may be necessary or advisable to carry out the intent and purpose of this Agreement.

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 legal provision and list the applicable contract clause categories. Provision: Any and all notices or other communications or deliveries required or permitted to be provided hereunder shall be in writing and shall be deemed given and effective on the earliest of: (a) the date of transmission, if such notice or communication is delivered via facsimile or email attachment at the facsimile number or email address as set forth on the signature pages attached hereto at or prior to 5:30 p.m. (New York City time) on a Trading Day, (b) the next Trading Day after the date of transmission, if such notice or communication is delivered via facsimile or email attachment at the facsimile number or email address as set forth on the signature pages attached hereto on a day that is not a Trading Day or later than 5:30 p.m. (New York City time) on any Trading Day, (c) the second (2nd) Trading Day following the date of mailing, if sent by U.S. nationally recognized overnight courier service or (d) upon actual receipt by the party to whom such notice is required to be given. The address for such notices and communications shall be as set forth on the signature pages attached hereto. To the extent that any notice provided pursuant to any Transaction Document constitutes, or contains, material, non-public information regarding the Company or any Subsidiaries, the Company shall simultaneously file such notice with the Commission pursuant to a Current Report on Form 8-K.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: If your employment with the Company terminates by reason of a disability that entitles you to benefits under the Company’s long-term disability plan , as determined in the sole discretion of the Company , any unvested Option held by you and not already vested shall be 100% vested. T he Option may be exercised at any time, by you or by your guardian or legal representative, within 10 years from the above Date of Grant (or, if you die during such period, by your estate or the person who acquires the Option by will or the laws of descent and distribution ) .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement and the Merger contemplated hereby have been approved by the requisite vote of the majority of the shareholders by written consent at a shareholder meeting of the Constituent Corporations stockholders in accordance with the DGCL and FLBCA and compliance with the requirements of law, including the securities laws of the United States. As promptly as practicable after the later of (a) approval of this Agreement by the Constituent Corporations stockholders in accordance with applicable law, the Constituent Corporations chief executive officer Mr. Noel Mijares or secretary, Mr. David A. Bingaman s hall promptly make and execute the Articles of Merger and shall cause such documents as necessary to be filed with the Secretary of State of Florida in accordance with the FLBCA and Secretary of State of Delaware in accordance with DGCL. The execution and delivery hereof by the constituent corporations shall constitute the approval and adoption of, and consent to, the Merger Agreement and the transactions contemplated thereby.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company (after giving effect to the transactions contemplated by this Agreement) is solvent ( i.e. , its assets have a fair market value in excess of the amount required to pay its probable liabilities on its existing debts as they become absolute and matured) and currently the Company has no information that would lead it to reasonably conclude that the Company would not, after giving effect to the transaction contemplated by this Agreement, have the ability to, nor does it intend to take any action that would impair its ability to, pay its debts from time to time incurred in connection therewith as such debts mature. The Company did not receive a qualified opinion from its auditors with respect to its most recent fiscal year end and, after giving effect to the transactions contemplated by this Agreement, does not anticipate or know of any basis upon which its auditors might issue a qualified opinion in respect of its current fiscal year. For the avoidance of doubt any disclosure of the Borrower’s ability to continue as a “going concern” shall not, by itself, be a violation of this Section 3(w) .

assistant: Solvency
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 Lenders agree to indemnify each Agent and each other Agent-Related Person on an after-Tax basis in its capacity as such (to the extent not reimbursed by the Borrowers and without limiting the obligation of the Borrowers to do so), ratably according to their respective Commitment Percentages in effect on the date on which indemnification is sought, from and against any and all liabilities, obligations, losses, damages, penalties, actions, judgments, suits, costs, expenses or disbursements of any kind whatsoever which may at any time (including at any time following the payment of the Loans and Reimbursement Obligations and the cash collateralization of the L/C Obligations) be imposed on, incurred by or asserted against such Agent or such Agent-Related Person in any way relating to or arising out of, the Commitments, this Agreement, any of the other Loan Documents or any documents contemplated by or referred to herein or therein or the transactions contemplated hereby or thereby or any action taken or omitted by such Agent under or in connection with any of the foregoing; provided that no Lender shall be liable for the payment of any portion of such liabilities, obligations, losses, damages, penalties, actions, judgments, suits, costs, expenses or disbursements resulting solely from such Agent’s or such Agent-Related Person’s gross negligence or willful misconduct. The agreements in this Section 10.7 shall survive the payment of the Loans, Reimbursement Obligations and all amounts payable hereunder and the cash collateralization of the L/C Obligations.

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 legal provision and list the applicable contract clause categories. Provision: TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW THAT CANNOT BE WAIVED, EACH PARTY HEREBY IRREVOCABLY WAIVES AND COVENANTS THAT IT WILL NOT ASSERT (WHETHER AS PLAINTIFF, DEFENDANT OR OTHERWISE) ANY RIGHT TO TRIAL BY JURY IN ANY FORUM IN RESPECT OF ANY ISSUE, CLAIM, DEMAND, ACTION OR CAUSE OF ACTION ARISING IN WHOLE OR IN PART UNDER, RELATED TO, BASED ON, OR IN CONNECTION WITH, THIS AGREEMENT OR THE SUBJECT MATTER HEREOF, WHETHER NOW EXISTING OR HEREAFTER ARISING AND WHETHER SOUNDING IN TORT OR CONTRACT OR OTHERWISE. ANY PARTY MAY FILE AN ORIGINAL COUNTERPART OR A COPY OF THIS SECTION 3.11 WITH ANY COURT AS WRITTEN EVIDENCE OF THE CONSENT OF EACH SUCH PARTY TO THE WAIVER OF ITS RIGHT TO TRIAL BY JURY.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Borrower shall: (i) default in the payment when due of any principal of any of the Loans; or (ii) default, and such default shall continue for five (5) or more Business Days, in the payment when due of any interest on the Loans or of any fees or other amounts owing hereunder, under any of the other Loan Documents or in connection herewith or therewith.

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 case excerpt and choose the best holding from the options. Case excerpt: the Government must present proof of at least circumstantial evidence of the requisite knowledge. See United States v. Ramos, 685 F.3d 120, 130-81 (2d Cir.2012) (collecting cases). In determining whether there was sufficient evidence to support the verdict, we review both direct and circumstantial evidence and permit “the government the benefit of all reasonable inferences from the facts proven to those sought to be established.” United States v. Tresvant, 677 F.2d 1018, 1021 (4th Cir.1982). Circumstantial evidence may be sufficient to support a conviction even if it does not exclude every reasonable hypothesis consistent with innocence. United States v. Jackson, 863 F.2d 1168, 1173 (4th Cir.1989); see also United States v. Burgos, 94 F.3d 849, 857-58 (4th Cir.1996) (en banc) (<HOLDING>). Here, the Government produced evidence that Options: A. holding that evidence tending to show knowing participation in the conspiracy is sufficient to sustain conspiracy conviction B. holding that circumstantial evidence alone is sufficient to support a cocaine conspiracy conviction C. holding that circumstantial evidence alone may establish discriminatory intent D. holding witnesss testimony identifying appellant is sufficient standing alone to support conviction E. recognizing that circumstantial evidence alone can be sufficient to demonstrate a defendants guilt

assistant: The best answer is B. holding that circumstantial evidence alone is sufficient to support a cocaine conspiracy conviction
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: may arise in both the inverse condemnation action and the procedural due process action, the overlap pertains, at most, to the issue of damages, and is therefore not sufficiently substantial to bar present litigation of the procedural due process action. See Harris v. County of Riverside, 904 F.2d 497, 501 (9th Cir.1990) (allowing a procedural due process claim to proceed even though it could be found that a consequence of the lack of notice was an incorrect zoning decision on the part of the County, the subject of the unripe takings claim). We analyze Moreno’s substantive due process, procedural due process, and Fourth Amendment claims without regard to Williamson. 2. Substantive Due Process Under Armendariz, Moreno’s substantive due process claim cannot go forward. 75 F.3d at 1324 (<HOLDING>). Moreno fails to allege any conduct on the Options: A. holding that where a particular amendment provides an explicit textual source of constitutional protection against a particular sort of government behavior that amendment not the more generalized notion of substantive due process must be the guide for analyzing these claims B. holding that there is no due process right to appellate review C. recognizing 1983 substantive due process claim D. holding that a substantive due process challenge is unavailable where there is an explicit textual source of constitutional protection E. holding that there is no substantive due process right under the fourteenth amendment to be free from malicious prosecution

assistant: The best answer is D. holding that a substantive due process challenge is unavailable where there is an explicit textual source of constitutional protection
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: was rendered involuntary because his counsel misadvised him regarding the sentence that would be imposed. Specifically, he claims that counsel advised him that he would be sentenced to 3 years in prison followed by 3 years of probation, but the trial court ultimately imposed a 10-year sentence followed by 5 years of probation. The record on appeal contains Beene’s signed plea form, which states that Beene’s counsel would be recommending a sentence of up to 10 years in prison. However, the record does not contain a transcript of Beene’s plea colloquy to establish that he read and understood the plea form. The State concedes, and we agree, that a signed plea form is not alone sufficient to conclusively refute Beene’s claim. Townsend v. State, 927 So.2d 1064, 1066 (Fla. 4th DCA 2006) (<HOLDING>). We therefore reverse and remand the order Options: A. holding that plea colloquy did not refute defendants claim that counsel was ineffective for failing to investigate his competency because defendants competency was never addressed at the plea colloquy B. holding a plea affidavit is properly incorporated in the record when the trial judge ascertains in the plea colloquy that the defendant has read has understood and acknowledges all the information contained therein C. holding that a signed plea form without a colloquy to establish that defendant read and understood the contents of the form was insufficient to conclusively refute defendants claim that he was not advised regarding the sentence to be imposed D. recognizing that plea colloquy demonstrated that the defendant understood his rights and voluntarily relinquished them E. holding that an enhancement in a future sentence based on the present conviction is a collateral consequence and need not be advised of by the district court in its plea colloquy

assistant: The best answer is C. holding that a signed plea form without a colloquy to establish that defendant read and understood the contents of the form was insufficient to conclusively refute defendants claim that he was not advised regarding the sentence to be imposed
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: Sparks, claims which are not addressed by the Defendants’ Motion to Dismiss other than as relates to the retroactivity issue; (2) adding a correctly pleaded Section 1981 claim; (3) properly describing a conspiracy between the two individual defendants, in direct contravention to the Defendants’ claims that said conspiracy was improperly alleged as having been between the corporation and its employees; (4) alleging, as part of the aforementioned claim, a violation of specific fundamental rights of each Plaintiff, including First, Fourth, and Thirteenth Amendment rights, violations fully contemplated by Section 1985(3) despite the Defendants’ misleading interpretation of the statute otherwise. See Griffin v. Breckenridge, 403 U.S. 88, 103, 91 S.Ct. 1790, 1798, 29 L.Ed.2d 338 (1971) (<HOLDING>); and, finally (5) replacing the erroneously Options: A. recognizing the cause of action B. recognizing cause of action C. recognizing a cause of action for conspiracy to deprive a class of persons of their fundamental rights under the laws of the united states D. holding a plaintiff must allege the violation of a right secured by the constitution and laws of the united states to state a claim under 1983 E. holding that the plaintiff must demonstrate that defendants contacts with the united states as a whole support the exercise of jurisdiction consistent with the constitution and laws of the united states

assistant: The best answer is C. recognizing a cause of action for conspiracy to deprive a class of persons of their fundamental rights under the laws of the united states
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: All payments to be made to Holder shall be made in the lawful money of the United States of America in immediately available funds without setoff, counterclaim or deduction. Any payment received by Holder and its registered assigns after 4:00 p.m. (Buffalo, New York time) on any day, will be deemed to have been received on the next following Business Day. Notwithstanding the foregoing, Holder acknowledges that one or more payments may be made on this note as a setoff payment pursuant to the Section 10.02 (e) of that certain Asset Purchase Agreement dated the date hereof by and among the Company, the Holder and the other parties thereto.

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: The execution and delivery of the Transaction Documents to which such Buyer is a party and the consummation by it of the transactions contemplated hereby and thereby have been duly and validly authorized by all necessary action on the part of such Buyer and no further consent or authorization of such Buyer or its members (or shareholders) is required. Each Transaction Document to which such Buyer is a party has been duly executed by such Buyer and, when delivered by such Buyer in accordance with the terms hereof or thereof, will constitute the legal, valid and binding obligations of such Buyer enforceable against such Buyer in accordance with its terms, except as such enforceability may be limited by general principles of equity or to applicable bankruptcy, insolvency, reorganization, moratorium, liquidation and other similar laws relating to, or affecting generally, the enforcement of applicable creditors’ rights and remedies.

assistant: Enforcements
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 execution, delivery and effectiveness of this Agreement shall not operate as a waiver of any right, power or remedy of any Lender or the Administrative Agent under any of the Loan Documents, nor constitute a waiver of any provision of the Loan Documents or in any way limit, impair or otherwise affect the rights and remedies of the Administrative Agent or the Lenders under the Loan Documents, in each case except as expressly provided in Section 3(a) or 3(b) hereof. Nothing herein shall be deemed to entitle any Borrower to a consent to, or a waiver, amendment, modification or other change of, any of the terms, conditions, obligations, covenants or agreements contained in the Existing Credit Agreement or any other Loan Document in similar or different circumstances. Nothing expressed or implied in this Agreement shall be construed as a release or other discharge of any Borrower under any Loan Document from any of its obligations and liabilities thereunder.

assistant: No 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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: this license does not include any resale or commercial use of any amazon service , or its contents ; any collection and use of any product listings , descriptions , or prices ; any derivative use of any amazon service or its contents ; any downloading , copying , or other use of account information for the benefit of any third party ; or any use of data mining , robots , or similar data gathering and extraction tools .

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: 202 (1986); Eason v. Thaler, 73 F.3d 1322, 1325 (5th Cir.1996). Also, while Taylor contends that the district court erred by not allowing him to conduct discovery regarding his retaliation claim, he fails to show how the additional discovery was necessary to establish an issue of material fact that would preclude summary judgment. See King v. Dogan, 31 F.3d 344, 346 (5th Cir.1994). He therefore does not establish that the district court abused its discretion in denying discovery. See id. The dismissal of this appeal as frivolous counts as a strike under § 1915(g), as does the district court’s partial dismissal as frivolous. See § 1915(g); Adepegba v. Hammons, 103 F.3d 383, 387-88 (5th Cir.1996); see also Coleman v. Tollefson, — U.S. -, 135 S.Ct. 1759, 1763-64, 191 L.Ed.2d 803 (2015) (<HOLDING>); Patton v. Jefferson Correctional Center, 136 Options: A. holding that plaintiffs were entitled to vacate final order of dismissal as void when they did not receive the motion for dismissal or notice of the hearing on the order until after the dismissal was entered B. holding that in considering dismissal of an appeal the court should exercise discretion to determine whether dismissal is appropriate in the circumstances presented by the case C. holding that a prior dismissal on a statutorily enumerated ground counts as a strike even if the dismissal is the subject of an appeal D. holding that a dismissal on limitations grounds is a judgment on the merits E. holding that a prior dismissal on one of 1915gs enumerated grounds counts as a strike even if the dismissal is the subject of an ongoing appeal

assistant: The best answer is E. holding that a prior dismissal on one of 1915gs enumerated grounds counts as a strike even if the dismissal is the subject of an ongoing appeal
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: law) analysis on a pre-2005 (old law) case.” Appellants argue the Commission erred in that “[n]o mention was made in the award of the differing standards that were created by that major law change” and the “findings made by the Commission should show whether the basis of its decision was an issue of fact or a question of law” “in the light most favorable to [Employee].” Having reviewed the Commission’s lengthy award, we must disagree with Appellants. In our review we first note that Appellants urge error in the fact that the Commission did not mention “the differing standards that were created by th[e] major [2005] law change.” However, Appellants cite this Court to no authority for such a requirement. See Richmond v. Springfield Rehab & Healthcare, 138 S.W.3d 151, 154 (Mo.App.2004) (<HOLDING>). Additionally, in our review of the Options: A. holding that an argument that fails to cite to supporting authority in support of claim presents nothing for review B. holding that an issue is waived when a party fails to provide adequate citation to authority C. holding that an appellant waived a claim where he failed to cite any legal authority in support of an argument in his appellate brief D. holding waiver results if an appellant fails to properly develop an issue or cite to legal authority to support his contention in his appellate brief E. holding that an appellate brief is deficient per the missouri rules of court where it fails to cite authority for an argument or fails to specify why such a citation is unavailable

assistant: The best answer is E. holding that an appellate brief is deficient per the missouri rules of court where it fails to cite authority for an argument or fails to specify why such a citation is unavailable
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: has not offered either authority or argument to convince this Court that a warrantless search probation condition under which warrantless searches are conducted pursuant to reasonable suspicion is an unreasonable condition absent exigent circumstances. In conclusion, we hold that exigent circumstances are not required to make a warrantless probation search reasonable. We hold that, for rehabilitation and community safety purposes, probation officers have the right to conduct warrantless searches without the added requirement of exigent circumstances. Reasonable Suspicion Was Satisfied {50} Defendant argues that, if the lesser standard of reasonable suspicion applies, the district court erred by finding that reasonable suspicion existed. Defendant asserts the tip from 69, 973 P.2d 246 (<HOLDING>); State v. Flores, 1996-NMCA-059, ¶ 8, 122 N.M. Options: A. holding an informants tip can establish reasonable suspicion without investigative confirmation if the tip is credible B. holding a tip by informant who claimed to witness wrongdoing sufficient to establish reasonable suspicion C. holding that tip from known reliable informant that was immediately verifiable at the scene could form basis for reasonable suspicion and forcible terry stop D. holding that a tip may provide the reasonable suspicion necessary to justify an investigatory stop E. holding that an uncorroborated callers tip did not create reasonable suspicion

assistant: The best answer is B. holding a tip by informant who claimed to witness wrongdoing sufficient to establish reasonable suspicion
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: Insure, repair and replace the Collateral of such Grantor as set forth in the Credit Agreement. All insurance proceeds with respect to the Collateral shall be subject to the security interest of the Administrative Agent hereunder.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: avoid , bypass , remove , deactivate , impair , descramble , or otherwise circumvent any technological measure implemented by niantic or any of niantic 's providers or any other third party ( including another user ) to protect the services or 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: If Executive was or is made a party or is threatened to be made a party to or is otherwise involved (including involvement as a witness) in any action, suit or proceeding, whether civil, criminal, administrative or investigative (a " Proceeding "), by reason of the fact that he is or was an officer or employee of the Company or any of its Affiliates, Executive shall be indemnified and held harmless by Vistana to the fullest extent authorized by the Delaware General Corporation Law, as the same exists or may hereafter be amended (but, in the case of any such amendment, only to the extent that such amendment permits Vistana to provide broader indemnification rights than permitted prior thereto), against all expense, liability and loss (including attorneys’ fees, judgments, fines, excise taxes or penalties and amounts paid in settlement) reasonably incurred or suffered by Executive in connection therewith and such indemnification shall continue as to Executive if he ceases to be an officer or employee and shall inure to the benefit of Executive’s heirs, executors and administrators; provided, however, that Vistana shall indemnify Executive in connection with a proceeding (or part thereof) initiated by Executive only if such Proceeding (or part thereof) was authorized by the Board of Directors of ILG and provided further that neither Vistana, nor any of its Affiliates shall indemnify Executive for any losses incurred by Executive to the extent such result from any acts described in Section 1(c) of this Agreement. The right to indemnification conferred in this section shall include the obligation of Vistana to pay the expenses incurred in defending any such proceeding in advance of its final disposition (an " Advance of Expenses "); provided, however, any Advance of Expenses incurred by Executive in his capacity as an officer or employee shall be made only upon delivery to Vistana of an undertaking, by or on behalf of Executive, to repay all amounts so advanced if it shall ultimately be determined by final judicial decision from which there is no further right to appeal that Executive is not entitled to be indemnified for such expenses under this section or otherwise.

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 legal provision and list the applicable contract clause categories. Provision: Not later than five (5) Business Days after receipt thereof by any Loan Party or any Subsidiary thereof, copies of all material written notices, requests and other documents (including amendments, waivers, and other modifications) so received under or pursuant to any Vintage Stock Acquisition Related Document (including, without limitation, any notice or communication with respect to any actual or alleged “Environmental Liabilities” thereunder), any ABL Facility Document (including, without limitation, all “availability certificates”, amendments, supplements, consent letters, waivers, forbearances, restatements or modifications to the terms thereof or in connection therewith) or any instrument, indenture, loan or credit or similar agreement documenting material Indebtedness of the Loan Parties and, from time to time upon reasonable request by the Lead Arranger, such information and reports regarding the Vintage Stock Acquisition Related Documents, the ABL Facility Documents and such instruments, indentures and loan and credit and similar agreements as the Lead Arranger may reasonably request.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: we may also impose limits on certain features and aspects of the service or restrict your access to parts or all of the service without notice or liability .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: interest” in ensuring that a parolee complies with those requirements and is returned to prison if he fails to do so. [Cit.] The exclusion of evidence establishing a parole violation, however, hampers the State’s ability to ensure compliance with these conditions by permitting the parolee to avoid the consequences of his noncompliance. The costs of allowing a parolee to avoid the consequences of his violation are compounded by the fact that parolees (particularly those who have already committed parole violations) are more likely to commit future criminal offenses than are average citizens. [Cit.] Indeed, this is the very premise behind the system of close parole supervision. [Cit.] Pennsylvania Bd. of Probation v. Scott, 524 U. S. 357, 365 (II) (118 SC 2014, 141 LE2d 344) (1998) (<HOLDING>). Strict application of the hearsay rule, as Options: A. holding that the government may not introduce evidence obtained through violations of the fourth amendment B. recognizing that courts have discretion to exclude evidence as a sanction for violation of a discovery order C. holding that the state courts decision to uphold the parole boards denial of parole was an unreasonable determination of the facts in light of the evidence D. holding that parole boards do not have to exclude evidence obtained in violation of the fourth amendment E. holding that the district court committed plain error by admitting evidence obtained in violation of the fourth amendment where the error did affect a substantial right of the defendants and the admission of evidence which should have been excluded did have a prejudicial impact on the jury

assistant: The best answer is D. holding that parole boards do not have to exclude evidence obtained in violation of the fourth amendment
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: § 78dd-l et seq. (2000). 3 . United States v. Kay, 200 F.Supp.2d 681, 686 (S.D.Tex.2002). 4 . United States v. Santos-Riviera, 183 F.3d 367, 369 (5th Cir.1999). 5 . United States v. Hogue, 132 F.3d 1087, 1089 (5th Cir.1998). 6 . United States v. Bearden, 423 F.2d 805, 810 (5th Cir.1970) (citations omitted). 7 . United States v. Ramirez, 233 F.3d 318, 323 (5th Cir.2000). 8 . Consumer Prod. Safety Comm'n v. GTE Sylvania, Inc. 447 U.S. 102, 108, 100 S.Ct. 2051, 64 L.Ed.2d 766 (1980). 9 . Salinas v. United States, 522 U.S. 52, 57, 118 S.Ct. 469, 139 L.Ed.2d 352 (1997) (citations and quotation marks omitted). 10 . United States v. Lowe, 118 F.3d 399, 402 (5th Cir.1997) (citations omitted). 11 . United States v. Nordic Village, Inc., 503 U.S. 30, 36, 112 S.Ct. 1011, 117 L.Ed.2d 181 (1992) (<HOLDING>); United States v. Naranjo, 259 F.3d 379, 383 Options: A. recognizing principle B. recognizing this as the general rule C. recognizing this rule D. recognizing same principle E. recognizing this principle as a settled rule

assistant: The best answer is E. recognizing this principle as a settled rule
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The institution of any litigation, arbitration proceeding or governmental proceeding against the Transferor, the Collection Agent or any Originator, which with respect to any Person other than the Transferor, would reasonably be expected to have a Material Adverse Effect.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Termination Agreement is the legal, valid and binding obligation and agreement of it, enforceable against it in accordance with its terms (subject to applicable bankruptcy, reorganization, winding up, insolvency, moratorium, liquidation or similar laws affecting creditors’ rights generally and subject, as to enforceability, to equitable principles of general application, including concepts of materiality, reasonableness, good faith and fair dealing (regardless of whether enforcement is sought in a proceeding in equity or at law)).

assistant: Enforceability
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: in consideration of your use of the yahoo services , you represent that you are of legal age to form a binding contract and are not a person barred from receiving the yahoo services under the laws of the united states or other applicable jurisdiction .

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 rights and obligations of this Agreement shall bind and inure to the benefit of any successor of the Company by reorganization, merger or consolidation, or any assignee of all or substantially all of the Company’s business and properties. Neither this Agreement nor any rights hereunder shall be assignable or otherwise subject to hypothecation by the Executive.

assistant: Assignments