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: Scott testified, "I would have answered my phone because on a cell phone it ... tells you if you have a missed call or a voice mail. I have never received ... one call from there.” 4 . According to Graham, because Scott had not come in to be interviewed, DDS had told BRA to remove her from “all customer contact.” If BRA had not removed Scott, Graham testified, it would have had to explain why not to DDS’s Incident Management Investigative Unit. 5 . The ALJ consequ ome instances where we have found that substantial evidence in the record dictated a different result as a matter of law, we have reversed without remanding for additional fact finding.”) (citing Odeniran v. Hanley Wood, LLC, 985 A.2d 421, 425, 430 (D.C .g., D.C. Dep’t of Mental Health v. Hayes, 6 A.3d 255, 259 (D.C.2010) (<HOLDING>); Brown v. Hawk One Sec., Inc., 3 A.3d 1142, Options: A. holding that possession of a controlled substance is a crime only if the defendant knowingly possesses the substance and has knowledge of the nature of that substance B. holding that possession of listed chemical with intent to manufacture controlled substance is controlled substance offense C. holding that quantity of the controlled substance does not have to be measurable to support a conviction for possession of such controlled substance particularly when the immeasurable amount of the substance is found on an implement used to consume the substance D. holding that mens rea required for possession of a controlled substance is knowledge that defendant possessed a controlled substance E. holding that employees conviction for possession of a controlled substance constituted gross misconduct

assistant: The best answer is E. holding that employees conviction for possession of a controlled substance constituted gross misconduct
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 contains all of the understandings and agreements of the parties with respect to the subject matter discussed herein. All prior agreements, whether written or oral, are merged herein and shall be of no force or effect.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: any arbitration must be commenced by filing a demand for arbitration within one ( 1 ) year after the date the party asserting the claim first knows or reasonably should know of the act , omission , or default giving rise to the claim ; and there shall be no right to any remedy for any claim not asserted within that time period .

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: use of state court procedures, to exhaust state court remedies with regard to a particular post-conviction application.” 183 F.3d at 1006 (internal quotations omitted and emphasis added). This includes the time between the filing of Valdez’s legal challenge to the constitutionality of his sentence in the state appellate courts and his factual challenge under Romero in the superior court. See Welch v. Newland, 267 F.3d 1013 (9th Cir.2001) (“[PJost-conviction review is ‘pending’ — and thus AEDPA’s statute of limitations is tolled — from ‘the time the first state habeas petition is filed until the California Supreme Court rejects the petitioner’s final collateral challenge.’ ” (quoting Nino, 183 F.3d at 1006) (emphasis in original)); Saffold v. Newland, 250 F.3d 1262, 1265 (9th Cir.2000) (<HOLDING>). The order in which Valdez filed his state Options: A. holding that the limitations period is not tolled while a federal habeas petition is pending B. holding that the untimely petition in that case tolled the aedpa statute of limitations C. holding that the oneyear statute of limitations was not tolled during the pendency of petition for certiorari to the united states supreme court seeking review of denial of state postconviction relief D. holding that the aedpa statute of limitations was tolled for the entire period during which saffold pursued state habeas relief including the time between filings E. holding that the aedpa statute of limitations is not jurisdictional

assistant: The best answer is D. holding that the aedpa statute of limitations was tolled for the entire period during which saffold pursued state habeas relief including the time between filings
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: United States v. Cheek, 415 F.3d 349, 350 (4th Cir.2005) (<HOLDING>), cert. denied, — U.S.-, 126 S.Ct. 640, 163 Options: A. holding that sixth amendment not violated when sentence enhanced based on prior convictions that were not charged in indictment or admitted by defendant B. holding that defendants sixth amendment right to trial by a jury was not violated by district courts reliance on his prior convictions for purposes of sentencing under the armed career criminal act C. holding that defendants sixth amendment right to trial by a jury was not violated by district courts reliance on his prior convictions for purposes of sentencing under the acca even though convictions were neither charged in indictment nor admitted D. holding that defendants sixth amendment right to trial by a jury was not violated by district courts reliance on his prior convictions for purposes of sentencing as career offender E. holding that facts regarding prior convictions need not be charged in an indictment nor proven to a jury beyond a reasonable doubt

assistant: The best answer is C. holding that defendants sixth amendment right to trial by a jury was not violated by district courts reliance on his prior convictions for purposes of sentencing under the acca even though convictions were neither charged in indictment nor admitted
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 notify the Administrative Agent by telephone (confirmed by telecopy) of any prepayment hereunder (i) in the case of prepayment of a Eurodollar Borrowing, not later than 12:00 noon, New York City time, three Business Days before the date of prepayment, or (ii) in the case of prepayment of an ABR Borrowing, not later than 12:00 noon, New York City time, one Business Day before the date of prepayment. Each such notice shall be irrevocable and shall specify the prepayment date and the principal amount of each Borrowing or portion thereof to be prepaid (and specify whether Revolving Loans or Term Loans are being prepaid); provided , that a notice of prepayment of all outstanding Loans may be conditioned upon the effectiveness of other credit facilities or another event, in which case, such notice may be revoked by the Borrower (with notice to the Administrative Agent on or prior to the specified effective date of such notice of termination) if such condition is not satisfied. Promptly following receipt of any such notice relating to a Borrowing, the Administrative Agent shall advise the Lenders of the contents thereof. Each partial prepayment of any Borrowing shall be in an amount that would be permitted in the case of an advance of a Borrowing of the same Type as provided in Section 2.03 . Each prepayment of a Borrowing shall be applied ratably to the Loans included in the prepaid Borrowing. Prepayments shall be accompanied by accrued interest to the extent required by Section 3.02 and any payments to the extent required by Section 5.02 .

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: (a) Each borrowing by the Borrower from the Lenders hereunder, each payment by the Borrower on account of any commitment fee and any reduction of the Commitments of the Lenders shall be made pro rata according to the Applicable Percentages.

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: There shall be no material Litigation or material investigations pending or, to the knowledge of Borrower or any other Loan Party, threatened against Borrower or any other Loan Party which have not been disclosed to Agent in writing and which could have or could 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: No fee or service charge shall be imposed by the Note Registrar for its services in respect of any registration of transfer or exchange referred to in this Section 2.4. The Note Registrar may require payment by each transferor of a sum sufficient to cover any tax, expense or other governmental charge payable in connection with any such transfer.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Monthly payments of interest only shall be due and payable on or before the first day of each month commencing February 1, 2018 and continuing on or before the first day of each month thereafter until the Maturity Date, when all outstanding principal and accrued and unpaid interest shall be paid in full.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: your content in memories might become unavailable for any number of reasons , including things like an operational glitch or a decision on our end to terminate your account .

assistant: Content removal, 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: She contends that the First Circuit’s discussion of 11 U.S.C. § 362, was not essential to its hold ing and, therefore, is non-binding dicta. Indeed, she asserts there is cause to distinguish the two because 11 U.S.C. § 362(k)(l) expressly provides for the recovery of “actual damages,” which, based upon the First Circuit’s decision in Fleet Mortgage Group, Inc. v. Kaneb, 196 F.3d at 269, includes damages for emotional distress. Moreover, while admitting that the law governing the recoverability of emotional distress damages for violations of the automatic stay and discharge injunction is unsettled, the Debtor cites a number of cases that she believes indicate a trend towards allowing such damages against the federal government. See, e.g., In re Griffin, 415 B.R. 64 (Bankr.N.D.N.Y.2009) (<HOLDING>); Atkins v. United States (In re Atkins), 279 Options: A. holding in wrongful pregnancy suit that expenses of raising and educating child were not recoverable elements of damages but emotional distress was recoverable element B. holding that the plaintiff had standing even though automatic stay had terminated and his claims for declaratory and injunctive relief were moot because he also sought actual damages for violation of the automatic stay C. holding that emotional distress damages are not recoverable under section 504 D. holding judgment in violation of automatic stay void E. holding emotional distress damages for a willful violation of the automatic stay were recoverable against the social security administration

assistant: The best answer is E. holding emotional distress damages for a willful violation of the automatic stay were recoverable against the social security administration
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: a.iii or the entirety of this section 11 is found to be unenforceable , then the entirety of this section 11 will be null and void and , in such case , the parties agree that the exclusive jurisdiction and venue described in section 17 will govern any action arising out of or related to this eula .

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: appeal the decision of the contracting officer “to an agency board of contract appeals.” Section 609 provides that “in lieu of appealing the decision of the contracting officer ... to an agency board, a contractor may bring an action directly on the claim in the United States Court of Federal Claims.... ” An aggrieved contractor must first submit his claim to the contracting officer and receive a decision before a suit can be commenced in the Court of Federal Claims because, as the Court of Federal Claims noted, “completion of these steps is a jurisdictional prerequisite to the filing of a complaint relative to the claim in this court.” Christian Appalachian Project, Inc. v. United States, 10 Cl.Ct. 595, 587 (1986). See also Thoen v. United States, 765 F.2d 1110, 1116 (Fed.Cir.1985) (<HOLDING>). Accordingly, the Court of Federal Claims Options: A. holding that jurisdiction over an appeal of a contracting officers decision is lacking unless the contractors claim is first presented to the contracting officer and that officer renders a final decision on the claim B. holding with respect to a certified claim that congress has determined that submission of a claim to the contracting officer in the first instance is a jurisdictional prerequisite to filing a suit in the claims court C. holding that this court has discretion to hear arguments presented to it in the first instance provided that it otherwise has jurisdiction over the claim D. holding that jurisdiction over an appeal of a contracting officers decision is lacking unless the contractors claim is first presented to the contracting officer and that officer renders a final decision on the claim E. holding that the united states court of federal claims does not have jurisdiction over a new claim or a claim of different scope that was not previously presented and certified to the contracting officer for decision

assistant: The best answer is B. holding with respect to a certified claim that congress has determined that submission of a claim to the contracting officer in the first instance is a jurisdictional prerequisite to filing a suit in the claims court
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: As of the date hereof, to the knowledge of the Stockholder, there is no action, proceeding or investigation pending or threatened against the Stockholder that questions the validity of this Agreement or any action taken or to be taken by the Stockholder it in connection with this Agreement.

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: The Company and its successors and/or assigns, will indemnify and defend Executive to the fullest extent permitted by applicable law and the Articles of Incorporation and By-Laws of the Company with respect to any claims that may be brought against Executive arising out of any action taken or not taken in the Executive’s capacity as an officer or director of the Company. In addition, Executive shall be covered, in respect of Executive’s activities as a director and officer of the Company, by the Company’s Directors and Officer liability policy or other comparable policies obtained by the Company’s successors, to the fullest extent permitted by such policies and on a basis not less favorable than any other individual covered by any such policy (including with respect to any tail coverage).

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: statements. The district court agreed with Koerber, stating that “unless the defendant knows all of the evidence the government intends to rely upon, it kind of puts him in a hard burden to say what he is going to argue is excluded.” Id. at 962. The district court required the government to file an initial brief on this issue. The government argues that it did not engage in any impropriety by filing this motion. We conclude that the district court did not clearly err by considering this motion as part of its pattern-of-neglect analysis. We note that the government did not move to reconsider within the time to appeal the district court’s suppression order but instead waited until after it had our court dismiss its appeal. United States v. Randall, 666 F.3d 1238, 1243 (10th Cir.2011) (<HOLDING>). And as the district court noted, the Options: A. holding that the filing of a motion for reconsideration does not toll the period for seeking judicial review of the underlying order B. holding that notice of appeal was not effectively taken where appeal was filed simultaneously with timely motion for reconsideration because when timely motion for reconsideration is filed a notice of appeal filed prior to disposition of the motion to reconsider has no effect C. holding that a motion for reconsideration in a criminal case must be filed within the 14day period for filing a notice of appeal D. holding that the filing of an opening brief within the time period for filing a notice of appeal could constitute notice of appeal E. holding that notice of appeal did not divest the district court of jurisdiction at the time it was filed because a motion for reconsideration was pending

assistant: The best answer is C. holding that a motion for reconsideration in a criminal case must be filed within the 14day period for filing a notice of 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: consider first whether misdemeanor battery is an “infamous crime” for purposes of the Infamous Crimes Clause. Indiana courts have been asked on a handful of occasions to determine whether a particular offense falls within the Infamous Crimes Clause, and in each of those cases the offense was held to be an infamous crime. See Crampton v. O’Mara, 193 Ind. 551, 139 N.E. 360 (1923) (restraining freedom of elections); Baum v. State, 157 Ind. 282, 61 N.E. 672 (1901) (vote selling); Crum v. State, 148 Ind. 401, 47 N.E. 833 (1897) (felony larceny); “each of Taylor’s class D felony convictions was a felony which was punishable by imprisonment for a term of years[, e]ach was, therefore, an infamous crime” (citations omitted)); cf. Sutherlin v. Sutherlin, 27 Ind.App. 301, 61 N.E. 206, 206 (1901) (<HOLDING>). Compare Crampton, 193 Ind. at 557,139 N.E. at Options: A. holding that an infamous crime under the arkansas constitution is a crime involving elements of deceit and dishonesty B. holding that larceny being a felony is an infamous crime C. holding that manslaughter was an infamous crime under a divorce statute because it was a felony D. holding that seconddegree manslaughter was not a crime of violence and thus was not an aggravated felony warranting an aliens removal E. holding that conviction of dueling was not an infamous crime under former state constitutional provision disenfranchising persons convicted of an infamous crime but concluding that the right to hold public office was separate from the right of suffrage

assistant: The best answer is C. holding that manslaughter was an infamous crime under a divorce statute because it was a felony
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 Notice, the Restrictive Covenants Agreement and this Agreement (including all Exhibits thereto, if any) constitute the entire agreement of the parties and supersede in their entirety all prior undertakings and agreements of the Company and the Optionee with respect to the subject matter hereof.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Executive shall: (i) furnish such information and assistance to the Banking Entities and their affiliates, as may reasonably be requested with respect to any matter, project, initiative, or effort for which Executive is or was responsible or has relevant knowledge or has or had substantial involvement in while employed by Pilgrim and the Bank; (ii) cooperate with any Banking Entity and its affiliates during the course of all third-party proceedings arising out of the businesses of Pilgrim and the Bank about which Executive has knowledge or information; and (iii) cooperate with the Banking Entities and their affiliates in connection with a valuation of Executive’s agreement to refrain from taking certain actions as provided for under this Agreement.

assistant: Cooperation
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: Neither Party shall assign this Agreement without the prior written consent of the other Party (such consent not to be unreasonably withheld) except that a Party may assign this Agreement to an Affiliate or to a successor in connection with the merger, consolidation or sale of all or substantially all of its assets or that portion of its business pertaining to the subject matter of this Agreement. Any permitted assignee shall assume all obligations of its assignor under this Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: following reasons, we uphold the decision of the trial court. A. ¶ 32 Appellant first argues that the trial court failed to properly weigh the aggravating and mitigating evidence. In accordance with A.R.S. § 13-703.01, we independently review the trial court’s findings regarding aggravating and mitigating circumstances. See State v. Djerf, 191 Ariz. 583, 595, 959 P.2d 1274, 1286 (1998). We begin our analysis with the aggravating factors. The trial court found the presence of one aggravating factor, namely that Appellant murdered the victim in an especially cruel, heinous, and depraved manner. See A.R.S. § 13-703.F.6. We uphold the trial court’s finding of cruelty and therefore need not reach the heinous/depraved issue. See State v. Towery, 186 Ariz. 168, 187, 920 P.2d 290, 309 (1996) (<HOLDING>). ¶ 33 The trial court found beyond a Options: A. holding that a trial courts finding of cruelty beyond a reasonable doubt sufficiently establishes the f6 factor B. holding factual finding authorizing death penalty must be found by a jury beyond a reasonable doubt C. holding that beyond reasonable doubt standard not required in termination cases D. holding that trial court must determine whether fifth amendment violation was harmless beyond a reasonable doubt E. holding that admission of evidence is harmless if it is cumulative to other legitimately admitted evidence that establishes a defendants guilt beyond a reasonable doubt

assistant: The best answer is A. holding that a trial courts finding of cruelty beyond a reasonable doubt sufficiently establishes the f6 factor
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: By accepting the Performance Shares, the Participant agrees to comply with applicable Brazilian laws and to pay any and all applicable taxes associated with the vesting of the Performance Shares, the receipt of dividends and/or the sale of Shares acquired under the Plan.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: dictionary meaning that arguably lowers the State’s burden of proof on an essential element of a crime cannot be reasonably categorized as a juror examining “his or her own conscience from within.” Cf. Robinson, 438 F.3d at 363. Moreover, to rely on a dictionary definition of an essential element (specifically, the essential element in the alleged crime in this case), is clearly straying from the instructions given by the trial judge. Indeed, as the dissent in the North Carolina Court of Appeals decision noted, the “universal rule appears to be that a dictionary constitutes extraneous material that may not be consulted by a jury.” Bauberger, 176 N.C.App. at 477, 626 S.E.2d at 708 (Geer, J., dissenting) (collecting cases); see also Marino v. Vasquez, 812 F.2d 499, 504-06 (9th Cir.1987) (<HOLDING>). In sum, to be sure it is by now clearly Options: A. holding that chapman mandates harmless error analysis of griffin error B. holding that consulting a dictionary definition for the meaning of malice constituted the consideration of extrinsic information finding prejudice under the chapman harmless error standard and affirming the district courts grant of conditional habeas relief C. holding that the trial courts definition of normal use was harmless error D. holding that chapman harmless error review will be conducted when error is tested for harmlessness for the first time on habeas E. recognizing that the state court need not explicitly rely on chapman to warrant federal review under brecht but not deciding the issue because the error was also harmless under chapman

assistant: The best answer is B. holding that consulting a dictionary definition for the meaning of malice constituted the consideration of extrinsic information finding prejudice under the chapman harmless error standard and affirming the district courts grant of conditional habeas 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: presents the "novel issue" of whether the state exclusionary rule conceived in Larocco and Thompson provides broader protections to criminal defendants than its federal counterpart). In light of our important role in interpreting the Utah Constitution, see State v. Tiedemann, 2007 UT 49, ¶ 33, 162 P.3d 1106 (noting our "authority and obligation to interpret Utah's constitutional guarantees"), it seems more than appropriate to address this issue in a case that squarely presents it in extensive, careful briefing by the parties and their amicus, see State v. Earl, 716 P.2d 803, 806 (Utah 1986) ("'It is imperative that Utah lawyers brief this Court on relevant state constitutional questions."). 21 . See, e.g., United States v. Leon, 468 U.S. 897, 925, 104 S.Ct. 3405, 82 L.Ed.2d 677 (1984) (<HOLDING>); United States v. Williams, 416 Fed.Appx. 130, Options: A. holding that the fourth amendment remedy sought is suppression B. holding that the fourth amendment exclusionary rule should not bar the use of evidence obtained by police officers acting in good faith and with reasonable reliance on a facially valid search warrant C. recognizing good faith exception to fourth amendment exclusionary rule D. holding that courts may reject suppression motions posing no important fourth amendment questions by turning immediately to a consideration of the officers good faith E. holding that suppression is not an appropriate remedy for officers failure to serve a warrant to the defendant before during or immediately after the search

assistant: The best answer is D. holding that courts may reject suppression motions posing no important fourth amendment questions by turning immediately to a consideration of the officers good faith
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: target since they are perceived by criminal elements to have money,” Appellant’s Br. 6, it does not specifically assert a social group claim. Although the failure of Carrera-Garrido to develop this claim before the administrative reviewers or explicitly in our Court would normally result in waiver, see, e.g., Nagle v. Alspach, 8 F.3d 141, 143 (3d Cir.1993), the asylum context is different. The IJ and BIA “have certain obligations under international law to extend refuge to those who qualify for such relief” and “bear the responsibility of ensuring that refugee protection is provided where such • protection is warranted by the circumstances of an asylum applicant’s claim.” In re S-M-J-, 21 I. & N. Dec. 722, 723 (BIA 1997); see also Mulanga v. Ashcroft, 349 F.3d 123, 135 (3d Cir.2003) (<HOLDING>). It may be the case that Carrera-Garri-do’s Options: A. recognizing that claims for extrajudicial killings are actionable international law violations under the ats B. holding that when a plaintiff files suit alleging that multiple tortfeasors are responsible for the plaintiffs injury any settlements are to be credited against the amount for which the liable parties as a whole are found responsible but for which only the nonsettling defendant remains in court C. holding that defendants are not entitled to qualified immunity D. recognizing that asylum cases are different because the ij is responsible for making sure that qualified applicants are provided refuge in accordance with the obligations imposed by international law E. holding that international law provides substantive law for atca cases

assistant: The best answer is D. recognizing that asylum cases are different because the ij is responsible for making sure that qualified applicants are provided refuge in accordance with the obligations imposed by international law
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: disassemble , decompile , decrypt , hack , emulate , exploit , or reverse engineer any software or other aspect of the services that is included in or accessible through the services , except and only to the extent that the applicable copyright law expressly permits doing so ;

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: the home study or direct him to submit additional urinalyses. Further, we And it noteworthy that Steckbauer testified that she never spoke to Father about what he earned from his job, whether he was saving his money, or why he was not sending money to Child, despite his employment. She also did not contact him after she received his psychological evaluation and, as a result, never recommended to Father that he address any impulsivity problems in his therapy sessions. Steckbauer testified that “impulsivity” was a significant issue in assessing parental capacity but that Father was never notified that his “impulsivity” problems could constitute a basis for termination. See State ex rel. Children, Youth & Families Dep’t v. Joseph M., 2006-NMCA-029, ¶¶ 20, 22, 139 N.M. 137, 130 P.3d 198 (<HOLDING>). CYFD also made no attempt to reevaluate Options: A. holding that the juvenile court could have concluded that dhr had made reasonable efforts to reunite the father with the child B. recognizing that notwithstanding a finding of aggravated circumstances the mother was not precluded from making efforts on her own behalf in an attempt to alleviate the conditions that led to the abuse and neglect C. holding in termination of fathers rights that evidence was sufficient to support finding children were removed for abuse or neglect when previous decree reflected trial court made findings that children were removed from mother under chapter 262 for abuse or neglect D. holding the evidence was sufficient to support termination under subsection n when after release from prison the defendant was advised of visitation but only visited with his children twice and made no further efforts to be involved with them and a case worker testified that all reasonable efforts were made to return the children to the parents E. holding that there was insufficient evidence to support that cyfd made reasonable efforts to assist the father because cyfd never informed him that his relationship with the mother was a cause and condition of the abuse and neglect that could be a basis for termination

assistant: The best answer is E. holding that there was insufficient evidence to support that cyfd made reasonable efforts to assist the father because cyfd never informed him that his relationship with the mother was a cause and condition of the abuse and neglect that could be a basis for 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 legal provision and list the applicable contract clause categories. Provision: All notices and other communications under this Agreement or in connection herewith shall be in writing and shall be given by delivery in person or by overnight courier, by registered or certified mail (return receipt requested and with postage prepaid thereon) or by facsimile or Electronic Transmission to the parties at the respective addresses set forth in Exhibit A (or at such other address as any party shall have furnished to the others in accordance with the terms of this Section 12.1 ). All notices and other communications that are addressed as provided in or pursuant to this Section 12.1 shall be deemed duly and validly given (a) if delivered in person or by overnight courier, upon delivery, (b) if delivered by registered or certified mail (return receipt requested and with postage paid thereon), 72 hours after being placed in a depository of the United States mails and (c) if delivered by facsimile or Electronic Transmission, upon transmission thereof and receipt of the appropriate answerback.

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: 13.6 airbnb reserves the right , with prior notice to hosts , to cease the collection and remittance in any jurisdiction for any reason at which point hosts and guests are once again solely responsible and liable for the collection and/or remittance of any and all occupancy taxes that may apply to accommodations in that 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 case excerpt and choose the best holding from the options. Case excerpt: which is found by the court to be necessary for the preparation of the party’s case, and reasonable attorney fees....” Id. § 2412(d)(2)(A). The omission of “costs awarded pursuant to subsection (a)” from sub-paragraph (d)(1)(B), which sets the 30-day time limit, indicates that the 30-day limit applies only to an application for attorney’s fees and expenses. The statute does not provide a similar time limit for an application for costs, thus the 14-day time limit in Federal Rule of Appellate Procedure 39 applies and bars Haselwander’s application for costs. EAJA defines a “party” for purposes of the Act as “an individual whose n 007) (same). Appellant is a “prevailing party” in this case. See, e.g., Shalala v. Schaefer, 509 U.S. 292, 298-302, 118 S.Ct. 2625, 125 L.Ed.2d 239 (1993) (<HOLDING>). He is therefore eligible for attorney’s fees. Options: A. holding that even under the catalyst theory a plaintiff is not a prevailing party unless he obtains the relief sought or at least relief that is directly beneficial to him B. holding that a party has mental capacity if she appreciated the effect of what she was doing and understood the nature and consequences of her acts and the business she was transacting C. holding that the prevailing party inquiry does not turn on the magnitude of the relief obtained D. holding that exhaustion is required even where the relief sought is not available in the administrative process E. holding that a petitioner who obtains reversal of an administrative order denying benefits is a prevailing party even if she has not yet successfully obtained the relief she sought from the agency

assistant: The best answer is E. holding that a petitioner who obtains reversal of an administrative order denying benefits is a prevailing party even if she has not yet successfully obtained the relief she sought from the agency
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: 455 U.S. 943, 102 S.Ct. 1438, 71 L.Ed.2d 654 (1982), where we set aside a jury verdict because the plaintiff “introduce[d] [no] evidence whatsoever” that an AT & T affiliate provided poor service to the plaintiff’s customers after the purchase and installation of the plaintiffs terminal equipment. But Litton’s claim is that shortages, missed cutover dates, etc., prevented it both from satisfying existing customers and luring prospective customers because it could' not “cutover” on schedule. Unlike Northeastern, there is evidence in this case to support Litton’s claim that the problems associated with delay were real. 44 . See Northeastern Telephone Co., 651 F.2d at 95 n. 28, citing California Computer Products, Inc. v. International Business Machines Corp., 613 F.2d 727 (9th Cir.1979) (<HOLDING>). 45 . AT & T cites to our decision in City of Options: A. holding that a lawyer who informs the jury that it is his view of the evidence that there is no reasonable doubt regarding the only factual issues that are in dispute has utterly failed to subject the prosecutions case to meaningful adversarial testing B. holding to the same effect C. holding that no synergistic effect arises from individual allegedly anticompetitive practices where proof in numerous critical aspects is utterly lacking D. holding that there is no individual liability under title vii E. holding that privity is lacking where plaintiffs were not signatories to the contractual documents

assistant: The best answer is C. holding that no synergistic effect arises from individual allegedly anticompetitive practices where proof in numerous critical aspects is utterly lacking
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 notices and other communications given or made pursuant hereto will be in writing and will be deemed effectively given: (a) upon personal delivery to the party to be notified; (b) upon receipt of a return receipt if sent via electronically; (c) one (1) day after deposit with a nationally recognized overnight courier, specifying next day delivery, with written verification of receipt. All communications will be sent to the respective parties at the addresses shown on the signature pages hereto (or to such email address or other address as subsequently modified by written notice given in accordance with this Section 0 ).

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: The representations and warranties contained in this Section 3 shall be true and correct on and as of the date hereof and until the Obligations have been paid in full, with such changes as are approved by Secured Party or are permitted by the Loan Documents (as defined in the Loan Agreement).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The term of this Agreement shall commence on the Effective Date and shall continue until the third (3rd) anniversary of the Effective Date; provided, however, that commencing on the second (2nd) anniversary of the Effective Date (and each anniversary of the Effective Date thereafter), the term of this Agreement shall automatically be extended for one (1) additional year, unless at least ninety (90) days prior to such date, the Company or the Executive shall give written notice to the other party that it or he, as the case may be, does not wish to so extend this Agreement. Notwithstanding the foregoing, if the Company gives such written notice to the Executive (i) at a time when Sempra Energy is a party to an agreement that, if consummated, would constitute a Change in Control or (ii) less than two (2) years after a Change in Control, the term of this Agreement shall be automatically extended until the later of (A) the date that is one (1) year after the anniversary of the Effective Date that follows such written notice or (B) the second (2nd) anniversary of the Change in Control Date.

assistant: Terms
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 questions concerning the construction, validity, enforcement and interpretation of this Agreement shall be governed by the internal laws of the State of New York. Each party hereby irrevocably submits to the exclusive jurisdiction of the state and federal courts sitting in The City of New York, Borough of Manhattan, for the adjudication of any dispute hereunder or in connection herewith or with any transaction contemplated hereby or discussed herein, and hereby irrevocably waives, and agrees not to assert in any suit, action or proceeding, any claim that it is not personally subject to the jurisdiction of any such court, that such suit, action or proceeding is brought in an inconvenient forum or that the venue of such suit, action or proceeding is improper. Each party hereby irrevocably waives personal service of process and consents to process being served in any such suit, action or proceeding by mailing a copy thereof to such party at the address for such notices to it under this Agreement and agrees that such service shall constitute good and sufficient service of process and notice thereof. Nothing contained herein shall (i) limit or be deemed to limit in any way any right to serve process in any manner permitted by law or (ii) operate, or be deemed to operate, to preclude any Buyer from bringing suit or taking other legal action against the Company in any other jurisdiction to collect on the Company’s obligations to such Buyer or to enforce a judgment or other court ruling in favor of such Buyer or (iii) limit, or be deemed to limit, any provision of the Warrants which is contrary to the above. EACH PARTY HEREBY IRREVOCABLY WAIVES ANY RIGHT IT MAY HAVE TO, AND AGREES NOT TO REQUEST, A JURY TRIAL FOR THE ADJUDICATION OF ANY DISPUTE HEREUNDER OR IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT OR ANY TRANSACTION CONTEMPLATED HEREBY.

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: from petitioner’s father, I must decide Whether there is any evidence in the record establishing that this conflict actually affected the adequacy of their representation. Cf. Wood v. Georgia, 450 U.S. 261, 268, 101 S.Ct. 1097, 67 L.Ed.2d 220 (1981) (finding sufficient possibility of conflict of interest to remand for fact finding on issue of actual conflict of interest where employer hired attorney to defend employees); Quintero v. United States, 33 F.3d 1133, 1135 (9th Cir.1994) (remanding for hearing on Cuyler issue where a defendant in a drug ease was represented by an attorney paid for by an anonymous third party and the attorney suggested that the defendant not accept the plea offer from the government); but see United States v. Shaughnessy, 782 F.2d 118, 120 (8th Cir.1986) (<HOLDING>). To establish that the conflict adversely Options: A. holding manufacture had no duty to warn of the dangers of smoking because the dangers of cigarette smoking have long been known to the community B. holding that seller of frontend loader had no duty to warn injured worker concerning the dangers of operating the loader without a rops because the dangers were obvious under an objective standard C. recognizing inherent dangers of thirdpartypayer arrangement but finding defendant failed to prove that those dangers ripened into an actual conflict of interest D. holding that manufacturer had no duty to warn its purchasers retailer and transporter of gas of dangers where those purchasers had operated a gas business for years were familiar with the trade journals and already knew the dangers E. recognizing under illinois law that pharmaceutical manufacturer has duty to warn of any dangers associated with offlabel use of product if such dangers were reasonably known

assistant: The best answer is C. recognizing inherent dangers of thirdpartypayer arrangement but finding defendant failed to prove that those dangers ripened into an actual conflict of interest