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 legal provision and list the applicable contract clause categories. Provision: All the accounts, books, registers, ledgers, GROWLIFE Board minutes and financial and other records of whatsoever kind of GROWLIFE have been fully, properly and accurately kept and completed; there are no material inaccuracies or discrepancies of any kind contained or reflected therein; and they give and reflect a true and fair view of the financial, contractual and legal position of GROWLIFE. GROWLIFE maintains a system of internal accounting controls sufficient to provide reasonable assurance that: (i) transactions are executed in accordance with management’s general or specific authorizations; (ii) transactions are recorded as necessary to permit preparation of financial statements in conformity with GAAP and to maintain asset accountability; (iii) access to assets is permitted only in accordance with management’s general or specific authorization; and (iv) the recorded accountability for assets is compared with the existing assets at reasonable intervals and appropriate actions are taken with respect to any differences.

assistant: Books
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: distribution crimes applies when “a dangerous weapon (including a firearm) was possessed” by the defendant. USSG § 2D1.1(b)(1). The adjustment is appropriate “if the weapon is present, unless it is clearly improbable that the weapon was connected with the offense.” Id., comment. (n.3). Thus, the guideline clearly requires that before the enhancement is imposed, the government must establish that a weapon is at least present. This circuit has consistently held that in order for § 2D1.1(b)(1) to apply, the government must prove by a preponderance of the evidence that a dangerous weapon was present when the crimes ioere committed, and that it was not clearly improbable that the weapon had some nexus with the criminal activity. See United States v. Shields, 44 F.3d 673, 674 (8th Cir.1995) (<HOLDING>). See also United States v. Bost, 968 F.2d 729, Options: A. holding enhancement not appropriate because firearms were seized from defendants home thirtyseven days after last known drug sale occurred B. holding that a city which brought an action for forfeiture of firearms recovered from a drug suspects residence was collaterally estopped from introducing evidence of drug possession thus it could not prove the firearms were used in drug transactions and could not forfeit them C. holding that unloaded firearms qualify for this enhancement D. recognizing firearms as common tools of the drug trade E. holding anticipatory warrant for search of defendants home was invalid because facts made known to magistrate did not establish at time warrant was issued the required nexus between the contraband to be seized which was mailed to defendants post office box and defendants home

assistant: The best answer is A. holding enhancement not appropriate because firearms were seized from defendants home thirtyseven days after last known drug sale 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: probative of fraud' — • sufficiently advanced beyond the stage of a mere suspicion ... to incite the victim to investigate.” Fujisawa Pharm. Co. v. Kapoor, 115 F.3d 1332, 1335 (7th Cir.1997), quoted in Tello v. Dean Witter Reynolds, Inc., '410 F.3d 1275, 1284 (11th Cir.2005). Once a plaintiff has inquiry notice, we ask when the investor, in the exercise of reasonable diligence, should have discovered the facts constituting the alleged fraud. The answer to that second question tells us when the statute of limitations began to run. The question of whether inquiry notice exists is objective and contemplates a “reasonable investor” or “reasonable person” standard. See, e.g., Newman v. Warnaco Group, Inc., 335 F.3d 187, 193 (2d Cir.2003) (citations and internal quotation marks omitted) (<HOLDING>); Mathews v. Kidder, Peabody & Co., 260 F.3d Options: A. holding reasonable probability is a probability sufficient to undermine confidence in the outcome B. holding that inquiry notice of securities fraud is triggered when the plaintiff receives sufficient storm warnings to alert a reasonable person to the probability that there were either misleading statements or significant omissions involved C. holding that a plaintiff need not have notice of the defendants specific intention to deceive before the fraud action accrued all that is relevant is that a reasonable person would have been on notice of a potential misrepresentation D. holding that statements given after miranda warnings are admissible even when the arrest that preceded the statements was constitutionally deficient E. holding that a reasonable probability is one that in the judgment of the reviewing court is sufficient to undermine confidence in the outcome of the proceeding citation omitted

assistant: The best answer is B. holding that inquiry notice of securities fraud is triggered when the plaintiff receives sufficient storm warnings to alert a reasonable person to the probability that there were either misleading statements or significant omissions involved
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 specific duty to cooperate with BRA’s investigation, intentionally and without sufficient excuse. “Given that [BRA] bore the burden of proving misconduct of either kind, we see no need to reopen the hearing, thereby giving the employer a second bite at the proverbial apple; rather, the agency on remand shall make the necessary finding[s] based on the existing record.” So ordered. 1 . Neither witness identified any written documentation referring to the five-day requirement or otherwise describing investigation procedure uard's taking of unauthorized break, during which he placed his gun in a desk drawer at his security post (after removing the bullets), took off his shoes, and prayed briefly at his desk, constituted simple, not gross, misconduct); Doyle, 991 A.2d at 1182, 1184 (<HOLDING>) (internal quotation marks omitted); Odeniran, Options: A. holding that employees failure to comply with employers rule requiring employees to notify employer when a temporary job placement ended did not constitute gross misconduct because the violation was an isolated incident and employer did not try to show that its staffing ability had suffered serious or indeed any consequences as a result of employees unavailability B. holding that under the first amendment speech can be pursuant to a public employees official job duties even though it is not required by or included in the employees job description or in response to a request by the employer C. holding that employers policy which required employee to work without pay in violation of federal law was unreasonable and employees refusal to comply was not misconduct D. holding unconscionable an arbitration agreement requiring employees to arbitrate claims against the employer but not requiring the employer to arbitrate claims against the employees E. holding that the employer had not demonstrated the employee was discharged for gross misconduct because the conduct was an isolated incident and the employer did not try to show that its staffing ability had suffered serious or indeed any consequences as a result of the employees conduct

assistant: The best answer is A. holding that employees failure to comply with employers rule requiring employees to notify employer when a temporary job placement ended did not constitute gross misconduct because the violation was an isolated incident and employer did not try to show that its staffing ability had suffered serious or indeed any consequences as a result of employees unavailability
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: if any part of this agreement is deemed void , unlawful , or for any reason unenforceable or invalid , then that part shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions of the agreement .

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: Interest on this Bond payable prior to or on the Maturity Date shall be paid by check or draft mailed to the Registered Holder of this Bond at its address as it appears on the registration books of the Trustee (in such capacity, the “Bond Registrar”) or in such other manner as may be mutually acceptable to the Trustee and the Registered Holder of this Bond. Interest on this Bond that is payable, and is punctually paid or duly provided for, on any Interest Payment Date shall be paid to the Registered Holder of this Bond as of the applicable Regular Record Date. In order to make payment of defaulted interest, the District shall pay the defaulted interest to the person who is the Registered Holder on a subsequent special record date. The Trustee shall fix the special record date and special interest payment date. At least 10 days before the special record date, the Trustee shall mail to the Registered Holder a notice that states the special record date, the special interest payment date, and the amount of interest to be paid.

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 Sellers shall pay and be liable for any sales, use, excise, real property transfer, goods and services, registration, documentary, stamp or transfer Taxes, recording fees and similar Taxes and fees incurred and imposed upon, or with respect to, the sale and transfer of the Acquired Companies hereunder and any other “change of control” payments arising from the transactions hereunder. Except as otherwise provided herein, all costs and expenses (including legal and financial advisory fees and expenses) incurred in connection with, or in anticipation of, this Agreement and the transactions contemplated hereby shall be paid by the Party incurring such costs and expenses.

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

user: Read the following U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 355 U.S. 901 352 U.S. 457 UNITED STATES GYPSUM CO.v.NATIONAL GYPSUM CO. ET AL., No. 11. Supreme Court of United States. December 16, 1957. 1 The motion of appellant for recall and modification of the judgment is denied without prejudice to the Solicitor General moving to dissolve the three-judge district court. MR. JUSTICE CLARK took no part in the consideration of decision of this motion. Bruce Bromley, Cranston Spray, Robert C. Keck, John D. Calhoun and Hugh Lynch, Jr. for appellant-movant. Solicitor General Rankin, Assistant Attorney General Hansen, Charles H. Weston and Edward Knuff for the United States, and Samuel I. Rosenman, Elmer E. Finck, Seymour D. Lewis, Malcolm A. Hoffmann and Seymour Krieger for the National Gypsum Co., appellees.

assistant: 8
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 contestants failed to offer specific facts of how Cook unduly influenced Estha. As to the solicitations from Schreiner, it is not improper for charitable organizations to offer estate planning advice, including plans for chari table donations. See Mackie, 900 S.W.2d at 450 (finding no evidence of undue influence where the fund-raising director for a charitable foundation met with the testator and discussed estate tax consequences of charitable donation). In Mackie, the charity secured an estate and gift tax attorney for the testator to help draft the will in issue, yet the court still declined to find such involvement improper. Id. In any event, whatever influence Schreiner exerted is equally consistent with evidence that negates any influence. See Green, 840 S.W.2d at 121 (<HOLDING>). B. Overpowering the Testatrix’s Mind The Options: A. recognizing that pressure undue influence or knowing misstatements by police could extend the chain of causation B. holding that a statement is material if it has the natural tendency to influence or is capable of influencing a decision making process showing of actual influence unnecessary to prove materiality C. holding that equally consistent circumstances of influence cannot be considered as evidence of undue influence D. holding that the government had not produced evidence that the defendant intended to influence an official proceeding because the evidence showed only that he intended to influence the state civil proceedings that he had brought against his insurance agency E. holding that allegations of influence by an unnamed person outside the jury required the holding of an evidentiary hearing to determine extrinsic influence

assistant: The best answer is C. holding that equally consistent circumstances of influence cannot be considered as evidence of undue influence
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: non-sequitur because it does nothing to rebut Williams’s evidence that administrative remedies were not available to her at the time she tried to file the relevant grievance and appeal in this case. Other circuits have similarly concluded that defendants may not simply rely on the existence of an administrative review process to overcome a prisoner’s showing that administrative remedies were not available to him. In Hemphill v. New York, for example, the Second Circuit held that merely showing that grievance mechanisms are in place does not end the inquiry into availability where the plaintiff claims that threats by prison officials made the remedy functionally .unavailable to him. 380 F.3d 680, 687-88 (2d Cir.2004); see also Dillon v. Rogers, 596 F.3d 260, 268-69 (5th Cir.2010) (<HOLDING>). Moreover, permitting a defendant to show that Options: A. holding that filing of a disciplinary charge becomes actionable if done in retaliation for the inmates filing of a grievance and stating that such conduct strikes at the heart of an inmates constitutional right to seek redress of grievances B. holding that records showing 53 other inmates had filed grievances during the period in question did not demonstrate that administrative remedy was available to plaintiff C. holding that even in absence of copy of written decision inmates affidavit and notations on grievance form provided trial court with information necessary to determine whether inmates suit was filed within statutory time period D. holding that inmates must demonstrate an actual injury E. holding that a thwarted remedy is not available

assistant: The best answer is B. holding that records showing 53 other inmates had filed grievances during the period in question did not demonstrate that administrative remedy was available to plaintiff
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: you also agree not to participate in claims brought in a private attorney general or representative capacity , or consolidated claims involving another person 's account , if instagram is a party to the proceeding .

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: 839 (9th Cir.2007). Villafranca’s reliance on Tekle is misplaced since two of the three opinions rendered by the Ninth Circuit in that case actually support the conclusion that the Government can invoke state law enforcement privileges. Tekle, 511 F.3d at 857 (Fisher, J. concurring) {“Olson could be read to support the conclusion that law enforcement privileges should not be recognized in FTCA suits .... [However] the FTCA ... does not clearly foreclose their availability [and the court should not] reach out to construe Olson [as foreclosing those privileges.]”); see also id. at 861 (Kleinfeld, J. concurring) (arguing that the plaintiff had not preserved his FTCA claims on appeal, but if he had, Judge Fisher's concurrence was right on the merits). But see id. at 852-54 (Tashima, J.) (<HOLDING>). On remand, the district court found that law Options: A. holding that arrest warrant permits police to enter residence of person named therein to make arrest B. holding that probable cause existed to arrest for trespassing under state law C. holding that the government was to be treated as a private person and a genuine issue of material fact existed as to whether the agents exceeded their ability to arrest because while a law enforcement officer may arrest a person without a warrant given probable cause a private person may only arrest someone for a crime committed in his presence D. holding that burglary may qualify as offense against person if as committed it is in fact a crime against a person E. holding that if an officer smells the odor of marijuana in circumstances where the officer can localize its source to a person the officer has probable cause to believe that the person has committed or is committing the crime of possession of marijuana and thus has authority to arrest him without a warrant in a public place

assistant: The best answer is C. holding that the government was to be treated as a private person and a genuine issue of material fact existed as to whether the agents exceeded their ability to arrest because while a law enforcement officer may arrest a person without a warrant given probable cause a private person may only arrest someone for a crime committed in his presence
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania and without the aid of any canon, custom or rule of law requiring construction against the draftsperson. Any dispute relating to this Agreement shall be brought in the state or federal courts serving Philadelphia, Pennsylvania and all parties consent to the jurisdiction of such courts.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: not an element of the crime under § 841; the statute is not susceptible to a contrary interpretation.”). Even if its intent were unclear, to conclude that, in light of Apprendi, Congress would have intended drug quantity to be an element of the offense “would be to proceed in an essentially legislative manner for the definition and specification of the criminal acts.” Evans, 333 U.S. at 490-91, 68 S.Ct. 634. This is a task outside the bounds of judicial interpretation. It is better for Congress, and more in accord with its function, to revise the statute than for us to guess at the revision it would make. That task it can do with precision. We could do no more than make speculation law. Id. at 495, 68 S.Ct. 634; United States v. Hudson, 11 U.S. (7 Cranch) 32, 32-33, 3 L.Ed. 259 (1812) (<HOLDING>). Ultimately, the solution of what a Options: A. holding union members state law claims for defamation against union preempted B. holding that it is the legislative authority of the union that must make an act a crime C. recognizing that union members interests are adequately represented by the union D. holding that a union officials comments may be used to infer the object of union activity E. holding that a rico action by union members was properly dismissed where any financial improprieties occurred with union funds and directly injured solely the union

assistant: The best answer is B. holding that it is the legislative authority of the union that must make an act a crime
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: No consents or approvals of any public body or authority and no consents or waivers from other parties to leases, licenses, franchises, permits, indentures, agreements or other instruments are (i) required for the lawful consummation of the transactions contemplated hereby, or (ii) necessary in order that the Business can be conducted by the Purchaser in the same manner after the Closing as heretofore conducted by the Company, nor will the consummation of the transactions contemplated hereby result in creating, accelerating or increasing any liability of the Company.

assistant: Consents
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 shall not sell or transfer all or any substantial part of its assets, merge with or into any other Person, or change its jurisdiction of organization in each case without at least fifteen (15) days prior written notice to Lender; provided that Borrower shall not be required to give prior notice to the extent doing so would violate any Governmental Requirements which cannot be satisfied by the execution of a confidentiality agreement by Lender; and provided further the provisions of this Section 3.16 shall not permit Borrower to transfer any Collateral in violation of any provisions of the Security Agreements .

assistant: Sales
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: 63 N.Y.2d 575, 483 N.Y.S.2d 973, 975, 473 N.E.2d 223, 224 (1984). In the absence of an express lease duration (or an express term of perpetuity), New York law assigns a lease term, usually a short one. See N.Y.Real Prop. Law § 232 (McKinney 1989) (where parties fail to specify, lease of New York City property ends October 1 following possession); see also Restatement (Second) of Property § 1.5, and Comment (d) to that section (“Where the parties enter into a lease of no stated duration and periodic rent is reserved or paid, a periodic tenancy is presumed. The period thus presumed is equal to the interval for which rent is reserved or paid to a maximum periodic tenancy of year to year.”); N.Y.Real Prop.Law §§ 232-a (notice to terminate month to month tenancy in New York City), 232-c (<HOLDING>); 28 Mott Street Co. v. Summit Import Co., 34 Options: A. holding over of tenant after expiration of term effect of landlords acceptance of rent B. holding that a valid contract requires acceptance of an offer C. holding over D. holding that term of supervised release was not automatically terminated when defendant was deported from united states and thus defendants subsequent commission of another offense illegal reentry after deportation prior to expiration of term of supervised release violated condition of supervised release that defendant commit no new offenses E. holding thatit landlords right of entry was not dispositive of control over snow removal

assistant: The best answer is A. holding over of tenant after expiration of term effect of landlords acceptance of rent
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company and the Indemnitee each hereby irrevocably consent to the jurisdiction of the courts of the State of Delaware for all purposes in connection with any action or proceeding that arises out of or relates to this Agreement.

assistant: Consent To 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: validity of any debt so incurred, or any priority or lien so granted, to an entity that extended such credit in good faith, whether or not such entity knew of the pendency of the appeal, unless such authorization and the ■incurring of such debt, or the granting of such priority or lien, were stayed pending appeal. Id. (emphasis added). Thus, they contend, Weinstein has no remedies because it failed to obtain a stay of the bankruptcy court’s order pending the appeal and because the bankruptcy court expressly found that Comerica extended credit in good faith. Weinstein’s claim is- therefore mooted, they urge, because any relief the Weinstein firm seeks would “affect the validity of [the] debt.” See Bennett v. Gemmill (In re Combined Metals Reduction Co.), 557 F.2d 179, 187 (9th Cir.1977) (<HOLDING>). A Specifically, the Weinstein firm seeks Options: A. holding that where both the appellate and trial courts are reviewing the paper record there is no reason for the appellate courts to defer to the trial courts finding B. holding that because appellate jurisdiction was lacking the court can express no position on whether the sierra clubs case was moot when filed C. holding that an appeal is properly dismissed as moot when an appellate court lacks power to provide an effective remedy for the appellant should it find in his favor D. holding that appeals are moot when appellate courts can provide no effective relief E. holding that an appeal is not moot so long as the appellate court can fashion relief that is both effective and equitable internal quotation marks omitted alteration in original

assistant: The best answer is D. holding that appeals are moot when appellate courts can provide no effective relief
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: On Criminal Jurisprudence, Bill Analysis, Tex. H.B. 1060, 78th Leg., R.S. (2003). We hold the government has an important interest in protecting its citizens from covert photography that may invade their expectation of privacy. See id. Thompson also challenges the third and fourth O’Brien factors — the statute’s governmental interest suppresses free expression, and the statute significantly restricts alleged First Amendment freedoms. See O'Brien, 391 U.S. at 377, 88 S.Ct. 1673. Specifically, Thompson argues the statute is “not sufficiently narrow ... to bring it into the realm of constitutionality.” See Olvera v. State, 806 S.W.2d 546, 550 (Tex.Crim.App.1991) (en banc) (citing Perry Education Assn. v. Perry Local Educators’ Assn., 460 U.S. 37, 45, 103 S.Ct. 948, 74 L.Ed.2d 794 (1983)) (<HOLDING>). Thompson contends the statute is not narrowly Options: A. holding that contentneutral time place and manner regulations are acceptable so long as they are narrowly tailored to serve a substantial governmental interest and do not unreasonably limit alternative avenues of communication B. holding that even in a public forum the government may impose reasonable restrictions on the time place or manner of protected speech provided the restrictions are justified without reference to the content of the regulated speech that they are narrowly tailored to serve a significant governmental interest and that they leave open ample alternative channels for communication of the information C. holding on summary judgment that a regulation is narrowly tailored to serve a significant government interest D. recognizing that time place and manner restrictions must be content neutral E. holding restrictions embodied in content neutral statute must be narrowly tailored to serve significant government interest while leaving open sufficient alternative channels of communication

assistant: The best answer is E. holding restrictions embodied in content neutral statute must be narrowly tailored to serve significant government interest while leaving open sufficient alternative channels of communication
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: booking.com can not guarantee that any request or communication will be ( duly and timely ) received/read by , complied with , executed or accepted by the supplier .

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: Failure of Borrowers to pay any regularly scheduled installment of principal, interest or other amount due under the Loan Documents within five (5) days of (and including) the date when due, or failure of Borrowers to pay the Loan at the Maturity Date, whether by acceleration or otherwise.

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: discussed in a footnote at the end of this opinion. 4 .King’s § 2254 petition at best hinted at this claim. It is not separately enumerated. There is only a single sentence, deeply embedded in his Espinosa claim, that "[o]n direct appeal, the Florida Supreme Court gave no consideration to the impact of these invalid aggravating factor[s] on the jury’s weighing. An adequate harmless error analysis was not conducted. See Sochor; Espinosa." (R.l-1 ¶ 13, at 23.) Understandably, the district court did not detect or address so well-hidden a claim. Because we hold that the claim was procedurally barred under state law, in any event, we need not decide whether the claim was properly presented in federal court. 5 . Possibly unnecessarily. See Mills v. Singletary, 606 So.2d 622, 623 (Fla.1992) (<HOLDING>). 6 . 457 So.2d 481 (Fla.1984). 7 . The court Options: A. holding defendant was not barred from raising sentencing issue in rule 3850 motion by virtue of prior rule 3850 motion which did not raise any sentencing issues B. holding that defendants 3850 motion for postconviction relief was procedurally barred as successive where the defendants current rule 3850 motion is one that could have or should have been raised in his first rule 3850 motion C. holding a failuretoreweigh claim barred in part for failure to present it in rule 3850 motion D. holding that rule 3850 motion was not time barred where the order did not place any time limitation on when the defendant would refile his rule 3850 motion E. holding that an involuntary plea claim is cognizable in a rule 3850 motion

assistant: The best answer is C. holding a failuretoreweigh claim barred in part for failure to present it in rule 3850 motion
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 Lender may at any time, without the consent of, or notice to, the Borrower or the Administrative Agent, sell participations to any Person (other than a natural person, a Defaulting Lender or the Borrower or any of the Borrower’s Affiliates or Subsidiaries (each, a “ Participant ”) in all or a portion of such Lender’s rights and/or obligations under this Agreement (including all or a portion of its Commitment and/or the Loans owing to it); provided that (i) such Lender’s obligations under this Agreement shall remain unchanged, (ii) such Lender shall remain solely responsible to the other parties hereto for the performance of such obligations and (iii) the Borrower, the Administrative Agent and the Lenders shall continue to deal solely and directly with such Lender in connection with such Lender’s rights and obligations under this Agreement. For the avoidance of doubt, each Lender shall be responsible for the indemnity under Section 10.04(c) without regard to the existence of any participation.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: 226, 228, 92 S.Ct. 431, 30 L.Ed.2d 400 (1971) and Roberts v. LaVallee, 389 U.S. 40, 41-42, 88 S.Ct. 194, 19 L.Ed.2d 41 (1967)). However, the ICA also concluded that the trial court’s failure to provide Mun-don with the written transcripts was harmless inasmuch as Mundon failed to show that he was prejudiced by proceeding at trial without written transcripts. SDO at 3. Specifically, the ICA stated that: Mundon claims that he was entitled to a transcript of the preliminary hearing so he could cross-examine the complaining witness, who allegedly was unable to identify him at the preliminary hearing. However, Mundon has not substantiated this claim by including the transcript of the preliminary hearing in the record on appeal. See State v. Hoang, 93 Hawai'i 333, 336, 3 P.3d 499, 502 (2000) (<HOLDING>). Regarding Mundon’s request for a transcript Options: A. holding that where the record is insufficient to show that the alleged error occurred the presumption that the trial court acted without error must prevail B. holding that where the appellant has failed to demonstrate error the court is not required to search the record for an error C. holding that error will not be presumed from a silent record and that without the relevant transcript there is insufficient evidence to review the alleged error and the appellant carries the burden of demonstrating the alleged error in the record D. holding that an appellant bears the burden of demonstrating error on appeal E. holding the appellant carries the burden of demonstrating error in the family courts findings of fact

assistant: The best answer is C. holding that error will not be presumed from a silent record and that without the relevant transcript there is insufficient evidence to review the alleged error and the appellant carries the burden of demonstrating the alleged error in the record
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 past that the PLRA prohibits inmates from suing to recover mental anguish damages absent physical injury, although nominal, compensatory, and punitive damages are available upon appropriate proof. See Meade v. Plummer, 344 F.Supp.2d 569, 572-74 (E.D.Mich.2004). That limitation, however, does not apply to individuals who bring actions against their former custodians after release from custody, as in this case. The defendants’ proposed amendment also fails because it comes too late. The Sixth Circuit has not addressed in a published opinion whether the exhaustion requirement is an affirmative defense that can be waived. In fact, the court expressly declined to do so in Curry v. Scott, 249 F.3d 493, 501 (6th Cir.2001) (stating “Plaintiffs point out that most courts to consider t 99) (<HOLDING>); Perez v. Wisconsin Department of Corrections, Options: A. holding exhaustion requirements are waivable if not asserted B. recognizing that issue exhaustion requirement and requirement exhaustion of remedies are different C. holding that the ideas exhaustion requirement applies to claims asserted under 1983 D. holding that exhaustion of issues is waived if not raised by the government E. holding that removal proceedings are in the nature of process and defects in the removal procedures are waivable

assistant: The best answer is A. holding exhaustion requirements are waivable if not asserted
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: California state prisoner Falao Toalepai appeals the district court’s dismissal of his 28 U.S.C. § 2254 motion as untimely. Toalepai seeks to challenge his jury trial conviction for one count of first degree murder with a deadly weapon in violation of Cal. Pen.Code §§ 187 and 12022(b). We do not reach the merits of Toalepai’s appeal because we hold that we lack appellate jurisdiction. A timely filed notice of appeal is both mandatory and jurisdictional. Browder v. Director, Dep’t of Corrections, 434 U.S. 257, 264, 98 S.Ct. 556, 54 L.Ed.2d 521 (1978). Although ignored by the parties, we are “required to consider the timeliness of the appeal.” Rodgers v. Watt, 722 F.2d 456, 457 (9th Cir.1983); see also Pettibone v. Cupp, 666 F.2d 333, 335 (9th Cir.1981) (<HOLDING>). On February 16, 2000, the district court Options: A. holding that a district court may not construe an untimely notice of appeal as a motion for extension of time B. holding that the case must be dismissed for lack of appellate jurisdiction where notice of appeal was untimely C. holding that an untimely postjudgment motion does not toll the time for filing a notice of appeal and that this court has no jurisdiction over an untimely filed appeal D. holding that the court did not have jurisdiction to hear an appeal after an untimely filing of a notice of appeal E. holding that the plaintiffs motion for extension of time to file appeal qualified as a notice of appeal because it met the requirements of rule 4 of the federal rules of appellate procedure

assistant: The best answer is A. holding that a district court may not construe an untimely notice of appeal as a motion for extension of time
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: do not believe that a federal probation officer acts on behalf of the prosecution.”) Investigating a probationer’s alleged noncompliance with the terms of his probation is certainly a regular duty of a probation officer. Therefore, absent evidence that Polk stepped outside his neutral role as a federal probation officer, we question the dissent's assumption that Polk acted as an agent of the police. Second, even assuming that Polk was acting on behalf of the police when he met with Howard, an argument rejected by both the federal magistrate judge, (J.A. at 213), and the district court, (J.A. at 301-02), the1 dissent offers no factual support for its conclusion that Polk "interrogated” Howard. See Rhode Island v. Innis, 446 U.S. 291, 299, 100 S.Ct. 1682, 1688-89, 64 L.Ed.2d 297 (1980) (<HOLDING>). In fact, as discussed at n. 2 & n. 10, supra, Options: A. holding that under the fifth amendment once an accused person in custody has expressed his or her desire to deal with the police only through counsel that person is not subject to further interrogation by the authorities until counsel has been made available unless the accused himself initiates further communication exchanges or conversations with the police B. holding that voluntary statements to police initiated by witness are not interrogation and therefore are nontestimonial C. recognizing that not all statements obtained by the police after a person has been taken into custody are to be considered the product of interrogation D. recognizing that police and the courts will continue occasionally to have difficulty deciding exactly when a suspect has been taken into custody E. holding that miranda does not apply to statements of the defendant which are voluntary and unsolicited and not the product of custodial interrogation

assistant: The best answer is C. recognizing that not all statements obtained by the police after a person has been taken into custody are to be considered the product of interrogation
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: moral values and which the common sense of society would regard as immodest, immoral, and improper.” Sutherland, 228 F.3d at 176 (internal citations and quotation marks omitted). 20 . In prosecutions brought under § 53-21 in which the victim was legally able to consent (because the defendant was less than two years older than the victim, who was at least thirteen years of age), the Courts have read into the statute a defense of consent. Thus in State v. Weiner, 61 Conn.App. at 749 n. 6, 767 A.2d 1220, involving sexual contact between a fourteen-year-old and a defendant less than two years older than the victim, the Court upheld the trial court’s instruction that consent by the victim was a defense to risk of injury. See also State v. Perruccio, 192 Conn. 154, 165-66, 471 A.2d 632 (1984)(<HOLDING>). 21 . Utah Code Ann. § 76-5-404.1 (1990) Options: A. holding that the victim impact and victim vulnerability aggravators were not overbroad and explaining that though the concepts of victim impact and victim vulnerability may well be relevant in every case evidence of victim vulnerability and victim impact in a particular case is inherently individualized B. holding that a defendant must show that the victim had previously been exposed to a sexual act and that the prior sexual act was sufficiently similar to the present sexual act to give the victim the experience and ability to contrive or imagine the molestation charge C. holding that a defendant less than two years older than the fifteenyearold victim could not be convicted under 5321 if the victim consented to the sexual contact D. holding the harmed victim need not be the victim of the offense of conviction E. holding that uncharged sexual acts committed upon the same victim are admissible to show the conduct of the defendant toward the victim and to corroborate the evidence of the offense charged in the indictment

assistant: The best answer is C. holding that a defendant less than two years older than the fifteenyearold victim could not be convicted under 5321 if the victim consented to the sexual contact
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: In the event of a conflict or ambiguity created between the Company’s current personnel manual for all employees and this Agreement, it is agreed that this Agreement shall control. No policies, procedures, or statements of any nature by the Company shall modify this Agreement or be construed to create express or implied obligations to the Employee. The titles and subtitles used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement. The Parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise this Agreement and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting Party shall not be employed in the interpretation of this Agreement or any amendments thereto. The word “including” shall be construed to include the words “without limitation.” In this Agreement, unless the context otherwise requires, references to the singular shall include the plural and vice versa. The word “Company” shall be construed to include the Company and its subsidiaries and affiliates, whether now existing or hereafter established.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: which he concluded she was totally disabled, the court accords little weight to [the doctor’s] assessment.”). Flanagan v. Metropolitan Life Ins., 2006 WL 2571878, at *4 (N.D.Okla.2006), affirmed, 251 Fed.Appx. 484, 488-89 (10th Cir.2007) (finding “no appropriate clinical evidence to establish a disability” where the only testing referenced was an x-ray and MRI which allegedly showed mild disk degeneration but no bulging, neither of her physicians could account for her subjective complaints of pain, and one physician confirmed that there was no significant disk disease). In such cases, mere statements by physicians do not constitute objective evidence sufficient to show disability Flanagan, 251 Fed.Appx. 484, 488-89, citing Kimber v. Thiokol Corp., 196 F.3d 1092, 1099 (10th Cir.1999) (<HOLDING>) Plaintiffs claim of disability focuses on her Options: A. holding that a rational plan administrator could reject a doctors report when there was no accompanying clinical data to support the conclusion B. holding that one who is named in documents as plan administrator signs documents as plan administrator and assumes discretionary authority in the administration of the pension plan is a fiduciary C. holding abuse of discretion review is appropriate when erisa plan grants discretion to the plan administrator D. holding that because no plan document granted discretion to the plan administrator and because the fiduciaries had not expressly delegated their discretionary authority to the plan administrator the district court properly employed the de novo standard of review E. holding that it was error for a plan administrator to require the claimant to submit clinical findings to support his diagnosis of chronic fatigue syndrome when the plan did not require such evidence

assistant: The best answer is A. holding that a rational plan administrator could reject a doctors report when there was no accompanying clinical data to support the conclusion