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: State was of the view that a plea agreement with Langston was necessary because “the case against Langston was, at best, shaky, while the case against [Clabourne] was overwhelming, with much of the evidence coming from his own mouth.” Appellee’s Answering Briefi'Cross-Appellants Opening Brief at 51. c. Length of Time on Death Row ¶ 43 Clabourne has been sentenced to death for eighteen years. He claims this is mitigating because he has a mental illness and Langston and Carrico, who do not, have not had to face the prospect of execution for the same period. We find these facts altogether unrelated to Clabourne’s character or record and the circumstances of his offense and, therefore, reject this proffered mitigation. Cf. State v. Schackart, 190 Ariz. 238, 259, 947 P.2d 315, 336 (1997) (<HOLDING>). c. Independent Reweighing ¶44 Upon Options: A. holding the death penalty disproportionately cruel and unusual when imposed for the crime of rape B. holding that the carrying out of an execution after the first execution attempt had failed did not amount to cruel and unusual punishment C. holding that twentythree years served on death row is not cruel and unusual punishment D. holding that the fact that defendant spent years on death row awaiting execution does not render the death penalty cruel and unusual punishment E. holding that twentythree years on death row is not cruel and unusual punishment

assistant: The best answer is D. holding that the fact that defendant spent years on death row awaiting execution does not render the death penalty cruel and unusual punishment
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: did nothing to decide the proper sequence in which the issues in this case must proceed. 5 . Although most of the plaintiff class consists of pretrial detainees, but Jail No. 3 also contains convicted misdemeanants. Where housed together, courts will typically accord both groups the protections of the Fourteenth Amendment to ensure that the pretrial detainees do not suffer any denial of their due process rights. See, e.g., Fischer v. Winter, 564 F.Supp. 281, 298 (N.D.Cal.1983). 6 . As a matter of standing, plaintiffs also must demonstrate some evidence of actual or imminent harm, see Lewis v. Casey, - U.S. -, -, 116 S.Ct. 2174, 2179, 135 L.Ed.2d 606 (1996), or subjection to excessive risk of injury. Helling v. McKinney, 509 U.S. 25, 32-34, 113 S.Ct. 2475, 2480-81, 125 L.Ed.2d 22 (1993) (<HOLDING>). 7 . Although the Supreme Court found nothing Options: A. holding that an eighth amendment plaintiff did not have to prove that he was actually injured by exposure to raw sewage only that such exposure posed a serious health risk B. holding that a prisoner who suffered lacerations on his left leg and finger an abrasion on his head bruises and red welts on his back stated a claim under the eighth amendment because the prisoner provided evidence in support of the other whitley factors C. holding that prisoner copayment plan was not violative of the eighth amendment D. holding that prisoner stated a claim for relief under the eighth amendment for his exposure to secondhand smoke even though he reported no illness E. holding that plaintiff stated eighth amendment claim where he alleged exposure to ets causing aggravation of chronic asthma

assistant: The best answer is D. holding that prisoner stated a claim for relief under the eighth amendment for his exposure to secondhand smoke even though he reported no illness
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Each of the Floor Plan Agent and the Formula Revolver Agent may demand specific performance of this Agreement and, on behalf of itself and the respective other Secured Creditors, hereby irrevocably waives any defense based on the adequacy of a remedy at law and any other defense that might be asserted to bar the remedy of specific performance in any action which may be brought by the respective Secured Creditors.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: In addition to the indemnification provisions applicable to Executive under the Company’s certificate of incorporation and bylaws, the Company hereby agrees to indemnify, hold harmless and defend Executive, to the maximum extent allowable under Delaware law, from and against any and all claims, liabilities, losses, costs, expenses, causes of action and damages (including, without limitation, attorney fees and court costs, as incurred) arising out of or related in any manner to her employment. The Company shall use reasonable efforts to maintain during the Term, Directors and Officers liability insurance, in amounts and with deductibles customary for a comparably situated company and shall extend such coverage to include Executive, during the Term and for not less than six (6) years thereafter, for any matters relating to her employment with the Company.

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: Corp., 514 U.S. at 308, 115 S.Ct. 1493 (quoting Pacor, Inc. v. Higgins, 743 F.2d 984, 994 (3d Cir. 1984)). 138 . Id. 139 . In re Bass, 171 F.3d at 1022. 140 . Id. at 1022-23. 141 . See Rec. Doc. 24 at 4-6. 142 . Id. 143 . See In re Enron Corp. Sec., 535 F.3d 325, 336 (5th Cir. 2008) (noting that when “related to” jurisdiction under Section 1334 “actually existed at the time of ... removal,” then subsequent events cannot divest a district court of its jurisdiction) (quotingCelotex, 124 F.3d at 626); In re Canion, 196 F.3d 579, 587 n.29 (5th Cir. 1999) ("Federal subject matter jurisdiction is tested when the jurisdiction of the federal court is invoked.”). See also Nuveen Mun. Trust ex rel. Nuveen High Yield Mun. Bond Fund v. WithumSmith Brown, P.C., 692 F.3d 283, 294 (3d Cir. 2012) (<HOLDING>) (citing Grupo Dataflux v. Atlas Global Grp., Options: A. holding that whether error is apparent is determined by reference to the law as of the time the appeal is decided B. holding that whether an action would have a conceivable effect on the bankrupt estate is determined at the time a lawsuit is filed C. holding that statutory good time credits must be calculated under the law in effect at the time of resentencing after an appeal of the sentence is determined D. holding that risk must be measured at the time the lawsuit is filed E. holding state of the law must be determined at time of challenged action

assistant: The best answer is B. holding that whether an action would have a conceivable effect on the bankrupt estate is determined at the time a lawsuit is filed
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 may be executed and delivered (including by facsimile transmission or portable document format (“.pdf”)) in one or more counterparts, and by the Parties hereto in separate counterparts, each of which when executed shall be deemed to be an original, but all of which taken together shall constitute one and the same agreement.

assistant: Counterparts
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: obligated to dismiss pendent state law claims, in the usual case in which the federal-law claim is dismissed before trial, the balance of factors to be considered under the pendent jurisdiction doctrine — judicial economy, convenience, fairness, and comity— will point toward declining to exercise jurisdiction over the remaining state law claims. In such a case, state-law claims should be dismissed. Camegie-Mellon University v. Cohill, 484 U.S. 343, 350 n. 5, 108 S.Ct. 614, 98 L.Ed.2d 720 (1988); citing Gibbs, 383 U.S. at 726-727, 86 S.Ct. 1130; see Mercado-García v. Ponce Federal Bank, 979 F.2d 890, 896 (1st Cir.1992); Rivera v. Murphy, 979 F.2d 259, 264 (1st Cir.1992); Figueroa Ruiz v. Alegría, 896 F.2d 645 (1st Cir.1990). Cf. Vega v. Kodak Caribbean, 3 F.3d 476, 478 (1st Cir.1993) (<HOLDING>). Upon review of the facts before us, the Options: A. holding that when original jurisdiction claims are dismissed before trial the district court must decline to exercise jurisdiction over pendent state claims unless there is an affirmative justification for doing so B. holding that the district court was not divested of subject matter jurisdiction upon the dismissal of the plaintiffs federal claims C. holding that when the district court disposed of the adea claims the pendent claims became subject to dismissal for want of subject matter jurisdiction D. holding that a federal court may adjudicate claims for which there is no independent basis for subject matter jurisdiction if the nonjurisdictional claims are related to other claims for which the does have jurisdiction E. holding that claims under the adea and the nyshrl are subject to the same analysis

assistant: The best answer is C. holding that when the district court disposed of the adea claims the pendent claims became subject to dismissal for want of subject matter 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 legal provision and list the applicable contract clause categories. Provision: All notices hereunder will be in writing and sent by certified mail, hand delivery, overnight delivery, fax or email, if sent to Brookline, to Brookline Capital Markets, a division of CIM Securities , LLC, 509 Madison Avenue, Suite 1006, New York, New York 10022, Attn: William B. Buchanan, Jr., email: bill.buchanan@brooklinecapitalmarkets.com, with a copy to: TBD, email: TBD, and, if sent to Company, to QBIO Attn: Denis Corin, Chief Executive Officer , fax number 212-826-9307, email:dcorin@qbiomed.com, with a copy to William S. Rosenstadt, email: wsr@ortolirosenstadt.com. Notices sent by certified mail shall be deemed received five days thereafter, notices sent by hand delivery or overnight delivery shall be deemed received on the date of the relevant written record of receipt, notices delivered by fax shall be deemed received as of the date and time printed thereon by the fax machine and notices sent by email shall be deemed received as of the date and time of receipt indicated on the recipient’s email message.

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 case excerpt and choose the best holding from the options. Case excerpt: [are] competitors.” C&W counters that CBS alleges no facts even hinting that C&W might itself be a competitor of CBS except for C&W’s 27% investment in CCC, and that as a matter of law such an investment alone cannot vicariously make C&W a competi 8 WL 32012 (Del.Super.1988) (citing cases holding day-today control required before court will pierce corporate veil or find parent liable); Outokumpu Engineering Enterprises, Inc. v. Kvaerner Enviropower, Inc., 685 A.2d 724, 729 n. 21 (Del.Super.1996) (noting test for parent’s liability for act of subsidiary is whether parent had “exclusive domination and control to the point that the subsidiary no longer has legal or independent significance of its own”); cf. Tiger Trash v. Browning-Ferris Indus., Inc., 560 F.2d 818 (7th Cir.1977) (<HOLDING>); Phone Directories Co. v. Contel Corp., 786 Options: A. holding that a parent must exercise some control over the subsidiarys activities which does not require that the subsidiary be controlled to an ultimate degree by its parent although something more than mere passive investment by the parent is required the parent must have and exercise control and direction over the affairs of its subsidiary in order for venue to be proper B. recognizing separate corporate identity of parent despite evidence that parent consolidated its profits and losses with that of its whollyowned subsidiary in presenting parents financial reports to shareholders that subsidiary was considered a division of parent and that subsidiary accounted for 60 of parents and subsidiarys combined operations C. holding that a close relationship between a parent corporation and a subsidiary may justify finding that the parent engages in business in the jurisdiction through the local activities of its subsidiary D. holding that parent is liable for acts of subsidiary under agency theory only if parent dominates subsidiary parent of whollyowned subsidiary that had seats on board took part in financing and approved major policy decisions was not liable because parent did not have daytoday control E. holding that in order to prevent parent from carrying out anticompetitive activity through subsidiary test for venue is whether parents control over subsidiary caused parent to transact business in state within venue provision of clayton act

assistant: The best answer is E. holding that in order to prevent parent from carrying out anticompetitive activity through subsidiary test for venue is whether parents control over subsidiary caused parent to transact business in state within venue provision of clayton act
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: Such Grantor owns each item of the Collateral purported to be owned by such Grantor free and clear of any and all Liens or claims (other than minor defects in title that do not interfere with its ability to conduct its business as currently conducted or to utilize such items of the Collateral for their intended purpose), including Liens arising as a result of such Grantor becoming bound (as a result of merger or otherwise) as grantor under a security agreement entered into by another Person, except for, with respect to Collateral other than any Pledged Equity Interests, other Permitted Liens. No financing statement or mortgage with respect to all or any part of the Collateral is on file or of record in any public office in which financing statements or mortgages are filed, except such as have been filed in favor of the Collateral Agent, for the ratable benefit of the Secured Parties, pursuant to this Agreement or as are expressly permitted by the Credit Agreement.

assistant: Titles
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 required or permitted under this Agreement shall be in writing and shall be deemed to have been duly given when personally delivered or five days after deposit in the United States mail, postage prepaid, addressed (a) if to the Executive, to the Executive’s address as it appears in the records of the Company, and if to the Company, to United Continental Holdings, Inc., attention: Deputy General Counsel & Corporate Secretary, 233 South Wacker Drive, 11th Floor HDQLD, Chicago, IL 60606, or (b) to such other address as either party shall have furnished to the other in writing in accordance herewith, except that notices of change of address shall be effective only upon receipt.

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 case excerpt and choose the best holding from the options. Case excerpt: quotation marks omitted). 20 . Id. (internal quotation marks and brackets omitted). 21 . Id. (internal quotation marks and brackets omitted). 22 . Id. at 1685 (internal quotation marks omitted). 23 . - U.S. -, 133 S.Ct. 2276, 186 L.Ed.2d 438 (2013). 24 . See Descamps, 133 S.Ct. at 2284-86. 25 . Id. at 2285. 26 . Id. 27 . Fla. Stat. Ann. § 893.13(l)(a). 28 . See Moncrieffe, 133 S.Ct. at 1685 (“We know from his plea agreement that Mon-crieffe was convicted of the last of these offenses [listed in a similar Georgia statute].”) (citing Shepard v. United States, 544 U.S. 13, 26, 125 S.Ct. 1254, 161 L.Ed.2d 205 (2005)). 29 . 21 U.S.C. § 841(a)(1). 30 . Id. § 802(11). 31 . Id. § 812(c). 32 . See id. § 841(b)(1)(C). 33 . See United States v. Gamez-Gonzalez, 319 F.3d 695, 699-700 (5th Cir.2003) (<HOLDING>); see also United States v. Sanders, 668 F.3d Options: A. recognizing that a conviction under 841a1 requires knowledge that the substance was a controlled substance but rejecting the argument that knowledge of the exact drug type or quantity is an element of the offense B. 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 C. holding that knowledge that a substance is a controlled substance is an element of 952 D. holding that mens rea required for possession of a controlled substance is knowledge that defendant possessed a controlled substance E. 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

assistant: The best answer is A. recognizing that a conviction under 841a1 requires knowledge that the substance was a controlled substance but rejecting the argument that knowledge of the exact drug type or quantity is an element of the offense
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Letter, litigation concerning the other two events should be stayed pending arbitration of the March 2002 event. Although not mentioned by the parties, Ind.Code § 34-57-2-3(d) and (f) are relevant to this issue and provide: (d) Any action or proceeding involving an issue subject to arbitration shall be stayed if an order for arbitration or an application for an order for arbitration has been made under this section (or IC 34^1-2-3 before its repeal), or, if the issue is severable, the stay may be with respect to the issue only. When the application is made in such an action or proceeding, the order for arbitration must include such a stay. ⅜ ⅜ ⅜ ⅜ ⅜ (f) If the court determines that there are other issues between the parties that are not subject Md.App. 116, 801 A.2d 1104, 1126 (2002) (<HOLDING>). Appellants make no argument that the creation Options: A. holding that unfair competition claims are arbitrable B. holding that a settlement agreement is an arbitrable subject when the underlying dispute is arbitrable C. holding that the nonarbitrable fraud claims had to be stayed pending resolution of the arbitrable issue because the fraud claims depended upon the arbitrable issues D. holding that title vii and nyhrl claims are arbitrable E. holding that claims under the securities act of 1933 are arbitrable

assistant: The best answer is C. holding that the nonarbitrable fraud claims had to be stayed pending resolution of the arbitrable issue because the fraud claims depended upon the arbitrable issues
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 evidence at sentencing was insufficient to prove that it was. We held that federal double jeopardy principles protected the defendant from being "subjected to two hearings to determine an[] enhanced mandatory sentence under § 643B(c)[.]” Id. at 324, 416 A.2d 773. See also Ford v. State, 73 Md.App. 391, 534 A.2d 992 (1988) (relying upon Butler to hold that when the State failed to introduce any competent evidence of sh.2d 379, 670 P.2d 256 (1983)); Bell v. State, 994 S.W.2d 173 (Tex. Crim. App. 1999) (overruling Carter v. State, 676 S.W.2d 353 (Tex. Crim. App. 1984), based on Monge). In addition, appellate courts addressing for the first time whether resentencing is governed by double jeopardy principles have held that it is not. See State v. Collins, 985 So.2d 985, 993 (Fla. 2008) (<HOLDING>); State v. McLellan, 149 N.H. 237, 243, 817 Options: A. holding that where the evidence offered by the state and admitted by the trial court whether erroneously or not would have been sufficient to sustain a guilty verdict the double jeopardy clause does not preclude retrial B. holding that under monge double jeopardy does not prevent retrial of an aggravating factor for sentencing purposes C. holding the double jeopardy clause applicable to the states through the due process clause of the fourteenth amendment D. holding based on monge that floridas double jeopardy clause does not preclude granting the state a second opportunity to demonstrate that the defendant meets the criteria for habitualization E. holding double jeopardy does not bar second trial after granting of new trial for reason other than insufficiency of evidence

assistant: The best answer is D. holding based on monge that floridas double jeopardy clause does not preclude granting the state a second opportunity to demonstrate that the defendant meets the criteria for habitualization
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: Filing Fee”); PI. Mem. Ex. D at 3, 4, 5, 6, 7, 14, 15, 20, 21, 22, 23, 25, 26, 27 (entries include, for example, “Attention to tax lien”; “Attention to collection [due process] issues”; “Conference ... on CDP issues”; “Petitioning Tax Court regarding Notice of Determination”; “Attention to documents regarding IRS’s collection efforts”; “Answer to petition to Tax Court”; “Attention to collection case before the Tax Court”; and “Attention to motion to continue Tax Court ease”). BASR may not recover any of these litigation costs. c.BASR May Not Recover Paralegal Fees For “Merely Clerical Tasks.” Work performed by paralegals is compen-sable only if it otherwise would have been performed by an attorney, e.g., not “purely clerical.” See Miller v. Alamo, 983 F.2d 856, 862 (8th Cir. 1993) (<HOLDING>). In this case, the paralegals performed Options: A. holding that the petitioner may not turn a clerical error into a windfall of rights it would not otherwise enjoy internal quotation marks omitted B. holding that paralegal work involving going to a library to locate eases was compensable because it would otherwise have been performed personally by the plaintiffs attorneys and so was not clerical in nature C. holding that your work exclusion is triggered only where the damage at issue is to work performed by you and is caused by work performed by you and does not apply to damage caused to original construction of a house during later repair work D. holding presumption applies to analyzing whether injury suffered going to work was compensable because route constituted special hazard E. holding that the evidence was insufficient to support the plaintiffs sexbased hostile work environment claim because even though much of the complainedof conduct was boorish and offensive most of it was not personally experienced by the plaintiff

assistant: The best answer is B. holding that paralegal work involving going to a library to locate eases was compensable because it would otherwise have been performed personally by the plaintiffs attorneys and so was not clerical in nature
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: least some of the benefit he sought in bringing suit’ ”). “Put another way, a plaintiff ‘prevails’ when actual relief on the merits of his claim materially alters the legal relationship between the parties by modifying the defendant’s behavior in a way that directly benefits the plaintiff.” Gay Officers Action League v. Puerto Rico, 247 F.3d at 293. The judgment awards plaintiff $15,000 thereby achieving a change in defendant’s behavior toward plaintiff by requiring defendant to pay a not insignificant sum of money. By recovering the $15,000 award, plaintiff succeeded on an important issue, to wit, the payment of $15,000 in monetary damages thereby achieving a portion of the benefits he sought in filing suit. See Rhodes v. Stewart, 488 U.S. 1, 3-4, 109 S.Ct. 202, 102 L.Ed.2d 1 (1988) (<HOLDING>). Although plaintiff did not receive all of the Options: A. recognizing that a judgement that produces a payment of damages affects the behavior of the defendant towards the plaintiff B. holding that a plaintiff can seek statutory damages even in the absence of actual damages C. holding that a plaintiff could recover actual damages under the tcpa for loss of credit if the plaintiff submitted sufficient proof of the amount damages requested D. holding that a paywhenpaid clause does not preclude a subcontractors recovery under the miller act payment bond because the federal legislation conditions payment of the subcontractor not on payment by the government to the contractor but rather on the passage of time from completion of the work or provision of materials E. holding that the term reverse payment is not limited to a cash payment

assistant: The best answer is A. recognizing that a judgement that produces a payment of damages affects the behavior of the defendant towards the 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 case excerpt and choose the best holding from the options. Case excerpt: that assists in the formulation of the raw ingredients for the creation of a drink ...” (DE # 50-2 at 5.) 10 . This is the formula Swanel receives from the flavor house. (DE# 35 at 16.) 8 .Bodemer also asserts that he did not take any documents of any kind when he left swanel. (DE # 35 at 22.) Bodemer, however, "need not possess this information in a tangible form ... for this type of information to qualify as trade secrets under Indiana law." Bridgestone/Firestone, Inc. v. Lockhart, 5 F.Supp.2d 667, 681 (S.D.Ind.1998). 11 . Indiana courts have held information including pricing information (sales and profits) and supplier lists can be trade secrets. KM Specialty Pumps, Inc., 690 N.E.2d at 786; Ackerman, 634 N.E.2d at 782-85, aff'd, 652 N.E.2d 507; see also Lockhart, 5 F.Supp.2d at 681 (<HOLDING>). 12 . As Swanel correctly asserts in its Options: A. recognizing that even if a plaintiff claims certain information constitutes trade secrets its claim may not depend on that determination B. recognizing that knowledge of financial information indicating the companys strengths and weaknesses its production and marketing costs its sales information and profit margins broken down by product by customer by salesperson and by region may qualify as protectable trade secrets C. holding that included among trade secrets employee may not appropriate from employer is certain information such as lists of customers D. recognizing that customer lists may be protectable trade secrets E. holding that foia exemption 4 did not apply because agency did not meet burden of showing that desired information consisted of trade secrets and commercial or financial information obtained from a person that are privileged or confidential

assistant: The best answer is B. recognizing that knowledge of financial information indicating the companys strengths and weaknesses its production and marketing costs its sales information and profit margins broken down by product by customer by salesperson and by region may qualify as protectable trade secrets
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: 7.8 on becoming aware of any potential violation of these terms , youtube reserves the right ( but shall have no obligation ) to decide whether content complies with the content requirements set out in these terms and may remove such content and/or terminate a user 's access for uploading content which is in violation of these terms at any time , without prior notice and at its sole discretion .

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: was otherwise denied due process of law in the State court proceeding; (8) or unless that part of the record of the State court proceeding in which the determination of such factual issue was made, pertinent to a determination of the sufficiency of the evidence to support such factual determination, is produced as provided for hereinafter, and the Federal court on a consideration of such part of the record as a whole concludes that such factual determination is not fairly supported by the record: And in an evidentiary hearing in the proceeding in the Federal court, when due proof of such factual determination has been made, unless the existence of one or more of the circumstances r n any event. But cf. Lewis v. Jeffers, 497 U.S. 764, 783, 110 S.Ct. 3092, 111 L.Ed.2d 606 (1990) (<HOLDING>). 7 . Since we determine that Fairman did not Options: A. holding that sufficiency challenges are cognizable in a federal habeas proceeding B. holding that an error pertaining to a mixed question of law and fact under state law is not cognizable in a federal habeas proceeding C. holding the question of necessity is one of mixed law and fact and accordingly one for the fact finder in the ordinary case D. holding claim that prior conviction was not serious felony under californias sentencing law not cognizable in federal habeas proceeding E. holding that probable cause determination presents a mixed question of law and fact

assistant: The best answer is B. holding that an error pertaining to a mixed question of law and fact under state law is not cognizable in a federal habeas proceeding
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 furtherance of the conduct of the purposes described herein, the Company shall possess and may exercise all of the powers and privileges granted by the Act, and the Company is hereby authorized to do any act, enter into any agreement, contract or other instrument, and otherwise to engage in any activity and to do any action not prohibited under the Act or other applicable law which is necessary, useful, desirable or convenient to the conduct, promotion and attainment of the business and purposes of the Company.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Adient agrees that it shall promptly advise Johnson Controls if Adient becomes aware of any unauthorized third-party use of any Johnson Controls Marks; provided , that the failure to notify Johnson Controls of such use shall not constitute a breach of this Agreement. Adient shall not take any steps to contact any such third party without Johnson Controls’ prior written permission. Johnson Controls shall have the sole discretion to determine whether, and in what manner, to respond to any such unauthorized third-party use and shall be exclusively entitled to any remedies, including monetary damages, related thereto or resulting therefrom. In the event that Johnson Controls decides to initiate any claim against any third party, Adient shall use commercially reasonable efforts to cooperate, in good faith, with Johnson Controls (including by assisting Johnson Controls to claim that the Johnson Controls Marks are famous or distinctive in Johnson Controls’ territory, based upon use in Adient’s territory) at Johnson Controls’ cost and expense.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: licensor may process personal data in accordance with the licensor 's privacy policy , which among other things explains how and for which purposes data is processed , and the controls available when you use the service .

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: he had taped Ms. Howell’s hands together. The photograph in question illustrated and corroborated both the testimony of Embry and the statements made by Callahan. We have reviewed this photograph and, while it is not pleasant, it is not gruesome or ghastly. In any event, “[t]he fact that a photograph is gruesome and ghastly is no reason for excluding it, if relevant, even if the photograph may tend to inflame the jury.” Walker v. State, 416 So.2d 1083, 1090 (Ala.Cr.App.1982). See also Magwood, 494 So.2d at 141, and cases cited therein. Having demonstrated the relevancy of this photograph, we find no error in its admission. See Callahan, 471 So.2d at 456. Cf. Gore v. State, 475 So.2d 1205 (Fla.1985), cert. denied, Gore v. Florida, 475 U.S. 1031, 106 S.Ct. 1240, 89 L.Ed.2d 348 (1986) (<HOLDING>). IV Callahan’s motion for change of venue was Options: A. holding that a photograph of the hands of the murder victim tied behind her back was properly admitted because it showed the considerable pain inflicted upon the victim by the defendant B. holding the harmed victim need not be the victim of the offense of conviction C. holding photograph showing victim with his family photograph fell within the prosecutors latitude in showing victim and was not unduly prejudicial D. holding autopsy photograph of victim was admissible even if defendant stipulated identity of victim E. holding that the injury was not inflicted by the defendant when it may have resulted from the actions ie the headbutt of the victim himself

assistant: The best answer is A. holding that a photograph of the hands of the murder victim tied behind her back was properly admitted because it showed the considerable pain inflicted upon the victim by the defendant
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 shall (a) by 4:00 p.m. (New York City time) on the date hereof, issue a press release disclosing the material terms of the transactions contemplated hereby, and (b) file a Current Report on Form 8-K, including the Transaction Documents as exhibits thereto, with the Commission within the time required by the Exchange Act. From and after the issuance of such press release, the Company represents to the Purchasers that it shall have publicly disclosed all material, non-public information delivered to any of the Purchasers by the Company or any of its Subsidiaries, or any of their respective officers, directors, employees or agents in connection with the transactions contemplated by the Transaction Documents. In addition, effective upon the issuance of such press release, the Company acknowledges and agrees that any and all confidentiality or similar obligations under any agreement, whether written or oral, between the Company, any of its Subsidiaries or any of their respective officers, directors, agents, employees or Affiliates on the one hand, and any of the Purchasers or any of their Affiliates on the other hand, shall terminate. The Company and each Purchaser requesting a copy of any press release shall consult with each other in issuing any other press releases with respect to the transactions contemplated hereby, and neither the Company nor any Purchaser shall issue any such press release nor otherwise make any such public statement without the prior consent of the Company, with respect to any press release of any Purchaser, or without the prior consent of the Placement Agent, with respect to any press release of the Company, which consent shall not unreasonably be withheld or delayed, except if such disclosure is required by law, in which case the disclosing party shall promptly provide the other party with prior notice of such public statement or communication. Notwithstanding the foregoing, the Company shall not publicly disclose the name of any Purchaser, or include the name of any Purchaser in any filing with the Commission or any regulatory agency or Trading Market, without the prior written consent of such Purchaser, except (a) as required by federal securities law in connection with the filing of final Transaction Documents with the Commission and (b) to the extent such disclosure is required by law or Trading Market regulations, in which case the Company shall provide the Purchasers with prior notice of such disclosure permitted under this clause (b).

assistant: Publicity
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: Health prepared it in anticipation of potential litigation over Bean’s discharge such as a wrongful discharge claim or an unemployment compensation claim. Any documents created in anticipation of litigation do not qualify as business records because they lack sufficient guarantees of trustworthiness. See Hunter v. City of Bozeman (1985), 216 Mont. 251, 700 P.2d 184. See also Palmer, 318 U.S. at 113-14, 63 S.Ct. at 480-81, 87 L.Ed. 645, and Blackburn, 992 F.2d at 670. ¶24 Second, even if the Incident Report qualified as a business record, it still would be inadmissible because the Incident Report contained the hearsay statement of Rici, a third party who was not charged with accurately reporting events to Village Health. See e.g. Romano v. Howarth (2nd Cir.1993), 998 F.2d 101, 107-08 (<HOLDING>). See also Gray v. Busch Entertainment Corp. Options: A. holding that exculpatory statement made by defendant to a nurse and recorded in the nurses notes was not admissible under rule 8034 because it was not reasonably pertinent to diagnosis and treatment B. holding that agents rough notes were not statements under the jencks act where notes were scattered and all the information contained in them was available to the defendant in other forms C. holding that nurses statement made during the course of treating the plaintiff was admissible under rule 801d2d when offered against the government in ftca case D. holding that the portion of the medical records containing the victims statements to the emergency room nurse that she had been raped by her husband were admissible under the records of regularly conducted business activity exception to the hearsay rule E. holdingthat a nurses progress notes were not admissible under the business records exception to the hearsay rule because while the nurses business duty to accurately record plaintiffs behavior ensured the accuracy of her notes it did not guarantee the accuracy of information provided to her by others not under a similar duty

assistant: The best answer is E. holdingthat a nurses progress notes were not admissible under the business records exception to the hearsay rule because while the nurses business duty to accurately record plaintiffs behavior ensured the accuracy of her notes it did not guarantee the accuracy of information provided to her by others not under a similar duty
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: testimony. Daubert v. Merrell Dow Pharm., Inc., 509 U.S. 579, 592-93, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993). While the trial judge’s inquiry under FRE 702 does not focus on the conclusions generated by expert witness testimony, the trial judge’s duty is to ensure that the scientific principles that underlie the conclusions are both relevant to the issue at hand and reliable. Id. at 595, 113 S.Ct. 2786. Additionally, the Supreme Court recently held in Kumho Tire Co. v. Carmichael, 526 U.S. 137, 119 S.Ct. 1167, 143 L.Ed.2d 238 (1999), that the principles established in Daubert apply with equal force to expert testimony which is based upon experience and training rather than on science per se. Kumho Tire Co. v. Carmichael, 526 U.S. 137, 149, 119 S.Ct. 1167, 143 L.Ed.2d 238 (1999) (<HOLDING>); See also Fed.R.Evid. 702, Advisory Committee Options: A. holding that a bare conclusion offered without explanation or empirical support fails the reliability requirement of rule 702 B. recognizing that the advisory committee notes suggest that a landowners opinion as to the value of the property could be offered under either fre 701 or fre 702 presumably depending on the level of experience training or specialized knowledge that went into formulating the opinion quoting fed r evid 702 C. holding that federal rule of evidence 702 superceded the frye standard of admissibility of scientific evidence and that under rule 702 the district court had to determine that proffered expert testimony was both reliable and relevant D. holding that fre 702 applies to all offers of expert witness testimony requiring that the trial court determine the reliability and relevance of the offered submissions E. recognizing under fre 702 that there is no clear line dividing testimony based on scientific knowledge from testimony based on technical or other specialized knowledge holding that a single flexible test for reliability applies to all expert testimony

assistant: The best answer is D. holding that fre 702 applies to all offers of expert witness testimony requiring that the trial court determine the reliability and relevance of the offered submissions
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: EXCEPT AS DESCRIBED BELOW, THIS AGREEMENT, INCLUDING THE RIGHTS AND DUTIES OF THE PARTIES HERETO, SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK (INCLUDING SECTIONS 5-1401 AND 5-1402 OF THE GENERAL OBLIGATIONS LAW OF THE STATE OF NEW YORK, BUT WITHOUT REGARD TO ANY OTHER CONFLICTS OF LAW PROVISIONS THEREOF, EXCEPT TO THE EXTENT THAT THE PERFECTION OF A SECURITY INTEREST OR REMEDIES HEREUNDER, IN RESPECT OF ANY PARTICULAR COLLATERAL ARE GOVERNED BY THE LAWS OF A JURISDICTION OTHER THAN THE STATE OF NEW YORK).

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 legal provision and list the applicable contract clause categories. Provision: Each of the representations and warranties (together with any related disclosure schedules thereto) made by the Company to the Purchasers in those certain Purchase Agreements dated as of January 3, 2017, between the Company and each Purchaser, is hereby incorporated herein by reference (as though fully restated herein) and is, as of the date of this Agreement, hereby made to, and in favor of, the Placement Agent. Each of the representations and warranties (together with any related disclosure schedules thereto) made by the Company to Maxim in the Letter of Engagement dated July 1, 2016, between the Company and Maxim, is hereby incorporated herein by reference (as though fully restated herein) and is, as of the date of this Agreement, hereby made to, and in favor of, the Placement Agent.

assistant: Representations
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: During the Term, both parties shall retain the right to disclose, both orally and in writing, the Advisor's appointment as a consultant to the Company, subject to the prior approval (which shall not be unreasonably withheld, conditioned or delayed) by the Advisor of the text of any such disclosures.

assistant: Disclosures
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 and oculus agree that these terms govern the arbitration , and that the applicable aaa rules shall be subject to changes in procedures that aaa may make from time to time .

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: This Note shall be construed and enforced in accordance with, and all questions concerning the construction, validity, interpretation and performance of this Note shall be governed by, the laws of the State of New York, without giving effect to provisions thereof regarding conflict of laws. Each party hereto hereby irrevocably submits to the jurisdiction of the state and federal courts sitting in New York County in the State of New York 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 hereto hereby irrevocably waives personal service of process and consents to process being served in any such suit, action or proceeding by sending by certified mail or overnight courier a copy thereof to such party at the address indicated in the preamble hereto and agrees that such service shall constitute good and sufficient service of process and notice thereof. Nothing contained herein shall be deemed to limit in any way any right to serve process in any manner permitted by law. EACH PARTY HERETO HEREBY IRREVOCABLY WAIVES ANY RIGHT IT MAY HAVE, AND AGREES NOT TO REQUEST, A JURY TRIAL FOR THE ADJUDICATION OF ANY DISPUTE HEREUNDER OR IN CONNECTION HEREWITH OR ARISING OUT OF THIS AGREEMENT OR ANY TRANSACTION CONTEMPLATED HEREBY.

assistant: Governing Laws