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: the terms Chase offered and either adjusted his travel plans or used other forms of payment such as bank-issued check cards. Third, Stinger’s unfair surprise argument is without merit. Under Delaware law, a credit card issuing bank may unilaterally add or alter an arbitration provision to a credit card agreement by sending notice and giving the cardholder an opportunity to send notice to the bank of a rejection of the amendment. Edelist v. MBNA Am. Bank, 790 A.2d 1249, 1257-1260 (Del.Super.Ct.2001); see also Del.Code. Ann. tit. 5 § 952(a). We also note that courts applying Delaware law have consistently rejected claims that arbitration clauses in credit card agreements are unconscionable. See, e.g., Heiges v. JP Morgan Chase Bank, N.A., 521 F.Supp.2d 641, 649-50 (N.D.Ohio 2007) (<HOLDING>); Carmack v. Chase Manhattan Bank (USA), 521 Options: A. holding that an arbitration provision in a credit card cardholder agreement was not unconscionable B. holding arbitration provision of automobile installment sales agreement unconscionable C. holding that cardholder is bound by arbitration agreement upon factual determination that she received it and that subsequent use of card demonstrates assent D. holding that a credit card arbitration provision presented in a takeitorleaveitmanner was not unconscionable E. holding arbitration clause in credit card agreement unconscionable

assistant: The best answer is A. holding that an arbitration provision in a credit card cardholder agreement was not unconscionable
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: Agent shall have received in form and substance satisfactory to Agent, (i) copies of any Company’s casualty insurance policies, together with loss payable endorsements naming Agent as loss payee, and (ii) copies of any Company’s liability insurance policies, together with endorsements naming Agent as an additional insured.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Except to the extent such matter is not covered by the insurance required to be maintained by Tenant under this Lease and/or except to the extent such matter is attributable to the negligence or willful misconduct of Landlord or any Landlord’s Parties, Landlord shall not be liable to Tenant, or any of Tenant’s Parties for: (i) any damage to property of Tenant, or of others, located in, on or about the Premises, (ii) the loss of or damage to any property of Tenant or of others by theft or otherwise, (iii) any injury or damage to persons or property resulting from fire, explosion, falling ceiling tiles masonry, steam, gas, electricity, water, rain or leaks from any part of the Premises or from the pipes, appliance of plumbing works or from the roof, street or subsurface or from any other places or by dampness or by any other cause of whatsoever nature, (iv) any such damage caused by other tenants or persons in the Premises, occupants of any other portions of the Property, or the public, or caused by operations in construction of any private, public or quasi-public work, or (v) any interruption of utilities and services. Landlord shall in no event be liable to Tenant or any other person for any consequential damages, special or punitive damages, or for loss of business, revenue, income or profits and Tenant hereby waives any and all claims for any such damages. Except to the extent the claim arises out of Landlord’s negligence or willful misconduct, notwithstanding anything to the contrary contained in this Section 16.1, all property of Tenant and Tenant’s Parties kept or stored on the Premises, whether leased or owned by any such parties, shall be so kept or stored at the sole risk of Tenant and Tenant shall hold Landlord harmless from any claims arising out of damage to the same, including subrogation claims by Tenant’s insurance carriers. Landlord or its agents shall not be liable for interference with light or other intangible rights.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: States v. Garcia, 179 F.3d 265, 269 (5th Cir.1999) (“[T]he requisite ‘fair probability’ is something more than a bare suspicion, but need not reach the fifty percent mark.”); United States v. Limares, 269 F.3d 794, 798 (7th Cir.2001) (“ ‘[P]robable cause’ is something less than a preponderance.”); United States v. Donnelly, 475 F.3d 946, 954 (8th Cir.2007) (“Probable cause ... does not require ... evidence demonstrating that it is more likely than not that the suspect committed a crime.”) (quotations omitted). And several of our sister circuits have upheld searches involving dogs with track records on par with this one. See Limares, 269 F.3d at 798 (62% accuracy rate suffices to demonstrate probable cause); United States v. Anderson, 367 Fed.Appx. 30, 33 (11th Cir. 2010) (unpublished) (<HOLDING>); United States v. Koon Chung Wu, 217 Fed.Appx. Options: A. holding dog was reliable with a 55 accuracy rate B. holding that evidence was sufficiently reliable because there was corroboration C. holding that the addition of a enough cereal to dog food to place it in a tariff provision with a lower rate of duty was within the importers right to fashion merchandise to obtain a lower rate of duty D. holding that once a rate is filed with the appropriate agency except for review of the agencys orders the courts can assume no right to a different rate on that ground that in its opinion it is the only or the more reasonable rate E. holding that with respect to the eaja the local or national market rate for legal services cannot be a special factor used to increase the rate beyond the statutory rate

assistant: The best answer is A. holding dog was reliable with a 55 accuracy rate
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 ERISA Event has occurred or is reasonably expected to occur that, when taken together with all other such ERISA Events for which liability is reasonably expected to occur, would reasonably be expected to result in a Material Adverse Effect. The present value of all accumulated benefit obligations under each Plan (based on the assumptions used for purposes of Accounting Standards Codification Topic 715) did not, as of the date of the most recent financial statements reflecting such amounts, exceed by more than $1,000,000 the fair market value of the assets of such Plan, and the present value of all accumulated benefit obligations of all underfunded Plans (based on the assumptions used for purposes of Accounting Standards Codification Topic 715) did not, as of the date of the most recent financial statements reflecting such amounts, exceed by more than $1,000,000 the fair market value of the assets of all such underfunded Plans.

assistant: Erisa
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: other situations or “exceptions” that are more akin to the situation here: A recognized exception to this rule applies where enforcement of a challenged restriction would adversely affect the rights of non-parties,. and there is no effective avenue for them to preserve their rights themselves. Cf. Stall v. State, 570 So.2d 257, 258 (Fla. 1990) (“[assuming that the petitioners [who were alleged vendors of obscene materials] have vicarious standing to raise their customers’ privacy interest”). This principle has been extended' to apply where it is the petitioners who “stand to lose from the outcome of this case and yet they have no other effective avenue for preserving their rights” than by raising the constitutional rights of non-parties. Jones v. State, 640 So.2d 1084, 1085 (Fla. 1994) (<HOLDING>). Id. at 76 n.3 (emphasis added). Powell, 497 Options: A. holding that passengers lacked any reasonable expectation of privacy and therefore had no standing to challenge the search of the vehicle B. recognizing that plaintiffs had standing to allege infringements of their first amendment rights where the record established that they had been threatened with enforcement of the statute and that such enforcement would cause them injury C. holding that defendant had no standing to assert his wifes privacy right pertaining to medical records introduced into evidence at trial D. recognizing petitioners vicarious standing to5 assert the claimed privacy rights of the underaged girls with whom they had sexual intercourse E. holding that a litigant may not claim standing to assert the rights of a third party

assistant: The best answer is D. recognizing petitioners vicarious standing to5 assert the claimed privacy rights of the underaged girls with whom they had sexual intercourse
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: cited in City of Phila., 838 A.2d at 588. Accordingly, by 2003, germaneness had evolved to a standard of “whether the court can fashion a single, over-arching topic to loosely relate the various subjects included in the statute under review.” City of Phila., 838 A.2d at 587. Nevertheless, we cautioned that we should be careful not to render Section 3 “impotent to guard against the evils that it was designed to curtail” by fashioning a theme that is all-encompassing in its broadness. Id. at 588 (citing, e.g., DeWeese v. Weaver, 824 A.2d 364 (Pa.Cmwlth.2003) (finding the theme “business of the courts” too encompassing to uphold a law regulating DNA records and apportioning negligence liability); Pa. Ass’n of Rental Dealers v. Com., 123 Pa.Cmwlth. 533, 554 A.2d 998 (1989) (<HOLDING>)). Thus, in City of Philadelphia, Options: A. holding that the topic of economic wellbeing of the commonwealth would turn the germaneness requirement into a nullity B. holding the appellant was guilty of transporting illegal substances into the commonwealth the moment he crossed the border into virginia which took place well before they were discovered C. holding that the petitioner may not turn a clerical error into a windfall of rights it would not otherwise enjoy internal quotation marks omitted D. holding that school districts do not share in the commonwealth of pennsylvanias eleventh amendment sovereign immunity because they are not alter egos of the commonwealth E. holding that the commission is a commonwealth agency entitled to sovereign immunity

assistant: The best answer is A. holding that the topic of economic wellbeing of the commonwealth would turn the germaneness requirement into a nullity
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: Judge. The defendant, Eddie Franklin, appeals the denial o A 2006)(<HOLDING>); Eloisaint v. State, 868 So.2d 680 (Fla. 3d Options: A. holding that rule 3850 motion was not time barred where the order did not place any time limitation on when the defendant would refile his rule 3850 motion B. holding that defendants 3850 motion for postconviction relief was procedurally barred as successive where the defendants current rule 3850 motion is one that could have or should have been raised in his first rule 3850 motion C. holding that postconviction court could not deny a refilled rule 3850 motion as untimely when postconviction court did not set a filing deadline in dismissing defendants first rule 3850 motion without prejudice to refiling D. holding that claims raised on direct appeal are procedurally barred from consideration in a rule 3850 motion E. holding defendant was not barred from raising sentencing issue in rule 3850 motion by virtue of prior rule 3850 motion which did not raise any sentencing issues

assistant: The best answer is B. holding that defendants 3850 motion for postconviction relief was procedurally barred as successive where the defendants current rule 3850 motion is one that could have or should have been raised in his first rule 3850 motion
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 358 U.S. 51 79 S.Ct. 94 3 L.Ed.2d 47 WIRL TELEVISION CORPORATION, petitioner,v.UNITED STATES of America, Federal Communications Commission, Illiway Television, Inc., et al. No. 242. Supreme Court of the United States October 20, 1958 Mr. Timothy W. Swain, for petitioner. 1 Solicitor General Rankin, Assistant Attorney General Hansen, Messrs. Warren E. Baker and Richard A. Solomon, for the United States and Federal Communications Commission. 2 Messrs. James A. McKenna, Jr. and Vernon L. Wilkinson, for respondent American Broadcasting-Paramount Theatres, Inc. 3 Mr. Jack P. Blume, for respondent West Central Broacasting Co. 4 On petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit. 5 PER CURIAM. 6 The petition for writ of certiorari is granted. The judgment of the Court of Appeals is vacated and the case is remanded to the Court of Appeals for appropriate action in the light of the matter called to this Court's attention on page 7 of the Solicitor General's brief in No. 235, supra. 7 Mr. Justice CLARK and Mr. Justice HARLAN dissent. The matters referred to by the Court were not presented in the Court of Appeals and are not presented by this petition. Agreeing with the Solicitor General that denial of the petition for writ of certiorari would not foreclose appropriate consideration thereof by the Court of Appeals, we see no reason for vacating the Court of Appeals' judgments and, therefore, dissent from this disposition of the matter by the Court.

assistant: 8
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: apply a harmless error analysis to a trial court’s erroneous summary denial of a request to change counsel. See Lott, 310 F.3d at 1250-52; Morrison, 946 F.2d at 499; McKee v. Harris, 649 F.2d 927, 933-34 (2d Cir.1981). We agree with those courts and hold that a trial judge’s summary denial of a defendant’s motion to change counsel is not structural error requiring automatic reversal. ¶ 13 Instead, we conclude that the appropriate remedy for a trial court’s error in this situation is to remand for a hearing on the defendant’s allegations. See, e.g., Lott, 310 F.3d at 1250 (remanding the case to the district court to conduct a hearing regarding the defendant’s allegation of total breakdown in communication); People v. Olivencia, 204 Cal.App.3d 1391, 251 Cal.Rptr. 880, 885-86 (1988) (<HOLDING>); City of Billings v. Smith, 281 Mont. 133, 932 Options: A. holding that in determining whether there exists a valid waiver of the right to counsel in the criminal setting the court may consider a defendants lack of good faith in working with appointed counsel including an unreasonable refusal to cooperate with counsel or an unreasonable request for substitution of appointed counsel and the timeliness of defendants request for new counsel particularly when a defendant makes an untimely request for new counsel under circumstances which are likely to result in a continuance B. holding that remand for new trial is remedy for factual insufficiency of evidence C. holding that the appropriate remedy for a trial courts refusal to consider an indigent defendants request for new counsel is to remand for a hearing D. holding that the appropriate remedy for a public trial violation was a new suppression hearing not a new trial because the remedy should be appropriate to the violation E. holding remand for a new trial to be the appropriate remedy when conviction was based on a general jury verdict encompassing both a constitutional and an unconstitutional theory of conviction

assistant: The best answer is C. holding that the appropriate remedy for a trial courts refusal to consider an indigent defendants request for new counsel is to remand for a hearing
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 Subsidiaries are in compliance with all Requirements of Law except to the extent that such non-compliance could not reasonably be expected to have a Material Adverse Effect. Neither the Company nor any Subsidiary has received any notice to the effect that its operations are not in material compliance with any Requirements of Law or the subject of any federal or state investigation evaluating whether any remedial action is needed to respond to a release of any toxic or hazardous waste or substance into the environment, which non-compliance or remedial action could reasonably be expected to have a Material Adverse Effect.

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: appellate counsel is incompetent simply for failing to raise a particular issue. Smith v. Robbins, 528 U.S. 259, 288, 120 S.Ct. 746, 145 L.Ed.2d 756 (2000). Bourne must show that the issue his appellate counsel failed to raise was “clearly stronger” than the issues his counsel did raise, id.—and that the state court lacked a reasonable basis for believing otherwise. Although the arguments that Bourne’s appellate counsel raised were ill-fated, the state court reasonably concluded that the jury-communication argument was not “clearly stronger.” As described above, Bourne’s counsel could have reasonably believed that the trial court’s ex parte denial of the jury’s request was subject to review for harmless error. See also People v. France, 436 Mich. 138, 461 N.W.2d 621, 630-632 (1990) (<HOLDING>). And Bourne’s appellate counsel could have Options: A. holding that federal common law allows ex parte interviews as discovery tool and controls even when state law supplies the rule of decision B. holding that minnesota law prohibiting ex parte interviews was not integral to its privilege law but was merely procedural rule and therefore not controlling in diversity action and the federal rules allow ex parte interviews as method of informal discovery C. holding that an ex post facto claim can only be successful if the law can be characterized as punishment in the constitutional sense D. recognizing that ex parte communications regarding strictly administrative matters are not sufficient to grant a motion to disqualify a judge E. holding that judges ex parte communications with juries can be harmless under state law as well

assistant: The best answer is E. holding that judges ex parte communications with juries can be harmless under state law as well
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: several times during the revocation hearing, we are not convinced that the court was referring to the need for the sentence to reflect “just punishment” as contemplated by § 3553(a)(2)(A). See United States v. Miqbel, 444 F.3d 1173, 1182 (9th Cir.2006) (discussing the difference between district court sanctioning a defendant for violating his supervised release terms and punishing the defendant for conduct underlying the revocation). When the court first mentioned “punishment” after Probation Officer Hernandez’s testimony, the court appeared to be considering the appropriate disposition upon finding a violation of LeBoeufs release conditions. See § 3588(e)(4) (providing that district court has di d not be clear or obvious. See United States v. Salinas, 480 F.3d 750, 759 (5th Cir.2007) (<HOLDING>); United States v. Hernandez, 419 Fed.Appx. 521 Options: A. holding that because of unsettled case law district courts error was not obvious and therefore not plain B. holding that an error is plain if it is clear or obvious C. recognizing limitations existence in other circuits D. holding that when our circuits law is unsettled and other federal circuits have reached divergent conclusions the claimed error could not be clear or obvious under the second prong of the plain error test E. holding the burden is on the defendant to demonstrate the error satisfies each prong of the plain error test

assistant: The best answer is D. holding that when our circuits law is unsettled and other federal circuits have reached divergent conclusions the claimed error could not be clear or obvious under the second prong of the plain error test
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement and the Delegation Agreement, the FinanceCo LLC Agreement and the Opco LLC Agreement constitutes the entire agreement of the Parties relating to the matters contained herein, superseding all prior contracts or agreements, whether oral or written, relating to the matters contained herein.

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 case excerpt and choose the best holding from the options. Case excerpt: in the definition of "felony violation” under § 1028A). 10 . In this regard, Count Two charges defendant with knowingly possessing] and us[ing], without lawful authority, a means of identification of another person, to wit, a passport bearing the name, birth date, and alien registration receipt number of Sandy Garcia, a native of the Dominican Republic and a lawful permanent resident of the United States, during and in relation to a violation of Title 8, United States Code, Section 1326(a), to wit, unlawful reentry after deportation. 11 . The Montejo decision is currently on appeal to the Fourth Circuit, with oral argument recently heard on October 28, 2005. See United States v. Montejo, No. 05-4143 (4th Cir.2005). 12 . See United States v. Simmons, 247 F.3d 118, 122 (4th Cir.2001) (<HOLDING>); United States v. Horton, 321 F.3d 476, 479 Options: A. recognizing that courts may look beyond the statutory text to determine legislative intent only when the statute is ambiguous B. recognizing that when interpreting a statute a courts inquiry begins with the text C. recognizing that the absurdity of the result is a factor to consider when interpreting a statute D. holding courts must adhere to legislative intent when interpreting a statute E. holding that courts must give effect to every word when interpreting a statute

assistant: The best answer is B. recognizing that when interpreting a statute a courts inquiry begins with the text
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: If, at the time of enforcement of any of the provisions of this Section 4.4, a court of competent jurisdiction determines that the restrictions stated herein are unreasonable under the circumstances then existing, then the maximum period, scope or geographical area reasonable under the circumstances shall be substituted for the stated period, scope or geographical area permitted by law, as determined by such court.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Amendment represents the entire agreement between the parties with respect to the subject matter hereof. Landlord and Tenant agree that there are no collateral or oral agreements or understandings between them with respect to the Original Premises, the Expansion Space or the Building other than the Lease and this Amendment. This Amendment supersedes all prior negotiations, agreements, letters or other statements with respect to the matters addressed herein.

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: Any notice, request, consent or communication under this Agreement shall be effective only if it is in writing and shall be deemed to have been given when personally delivered or three (3) days after being deposited in the United States mail, certified or registered, postage prepaid, return receipt requested and addressed to the party at its or her last known address. The address of any party may be changed by notice in writing to the other party duly served in accordance with this Section.

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: Executive is employed as Company’s General Counsel and Chief Operating Officer and shall have the authority, duties and responsibilities assigned by Company’s Chief Executive Officer (“ CEO ”), both upon initial hire and as may be reasonably assigned from time to time. Executive shall perform faithfully and diligently all duties assigned to Executive. Subject to the terms and conditions set forth herein (including, but not limited to, the terms and conditions set forth in subsection 7.2 below) Company reserves the right to modify Executive’s position and duties at any time in its sole and absolute discretion.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Any renewal, extension, increase, modification, alteration or rearrangement of the Note, the Loan Agreement, the other Loan Documents, or any other document, instrument, contract or understanding between Borrower, Property Owner and Lender, or any failure of Lender to notify Guarantor of any such action.

assistant: Modifications
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, requests, demands and other communications provided for hereunder shall be in writing and, if to the Borrower, mailed or delivered to it, addressed to it at the address specified on the signature pages of this Agreement, if to a Lender, mailed or delivered to it, addressed to the address of such Lender specified on the signature pages of this Agreement, or, as to each party, at such other address as shall be designated by such party in a written notice to each of the other parties. All notices, statements, requests, demands and other communications provided for hereunder shall be deemed to be given or made when delivered (if received during normal business hours on a Business Day, such Business Day, otherwise the following Business Day) or two Business Days after being deposited in the mails with postage prepaid by registered or certified mail, addressed as aforesaid, or sent by facsimile or electronic communication, in each case of facsimile or electronic communication with telephonic confirmation of receipt. All notices hereunder shall not be effective until received. For purposes of Article II hereof, the Administrative Agent shall be entitled to rely on telephonic instructions from any person that the Administrative Agent in good faith believes is an Authorized Officer, and the Borrower shall hold the Administrative Agent and each Lender harmless from any loss, cost or expense resulting from any such reliance.

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: This Agreement is effective as of the Commencement Date and terminates on the fifth anniversary of the Commencement Date (the “ Term ”); provided that, (i) beginning on the fifth anniversary of the Commencement Date and each anniversary thereafter (each, an “ Anniversary Date ”) the Term shall be extended by 12 months unless either party provides notice (the “ Notice ”) at least 60 days before any such Anniversary Date of his or its intent to terminate this Agreement as of such Anniversary Date, and (ii) if a Change in Control occurs during the Term, this Agreement shall not expire until the later of (a) the expiration of the Term or (b) the end of the Change in Control Period.

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 case excerpt and choose the best holding from the options. Case excerpt: that the sole proprietorship, which was engaged in the business of selling new fabricated homes, began operating at a loss in 2007 because of the collapse of the financial market. 4 . We note that the Virginia Workers’ Compensation Act ("the Act”) equates "wages” with "earnings," Bay Concrete Constr. Co. v. Davis, 43 Va.App. 528, 539, 600 S.E.2d 144, 150 (2004), but does not equate "wages” and "earnings” with "income,” B.P. Solar & Ace Am. Ins. Co. v. Jones, 49 Va.App. 322, 326-27, 641 S.E.2d 124, 126 (2007) (affirming the commission’s refusal to equate earnings with income, where claimant’s disability benefits were a form of income, but were not earnings as contemplated by Code § 65.2-712); see also Code § 65.2-101; Smith v. Smith, 32 Va.App. 242, 255, 527 S.E.2d 463, 470 (2000) (<HOLDING>). This Court has previously held that "wages,” Options: A. holding that documents that were not created by but that were received maintained and relied upon by a business are business records under 8036 B. holding that plaintiff could recover damages under both the lanham act and the copyright act because the profits awarded under the federal trademark statute constitute compensation rather than a penalty while statutory damages are awarded under the copyright act are designed to serve a variety of purposes other than compensation including deterrence and punishment C. holding that corporations real estate investment activity was part of its unitary business and thus its portfolio income was correctly included in its apportioned income D. holding a state cannot impose an income tax on indians whose income is solely from reservation sources E. recognizing that business profits while considered income were not earnings under the act

assistant: The best answer is E. recognizing that business profits while considered income were not earnings under the 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 case excerpt and choose the best holding from the options. Case excerpt: reasonable articulable suspicion before law en-foreement is permitted to detain or seize an item for purposes of investigation, i.e., to establish probable cause. United States v. Logan, 362 F.3d 530, 533 (8th Cir.2004). If officers do not have a reasonable articu-lable suspicion sufficient to justify detaining an item, any subsequent search of the item will be held unconstitutional even though probable cause was later established. Here, however, the government never established probable cause. Thus, even assuming the initial seizure was proper, the search was permissible only if Loos and Escobar freely and voluntarily consented. See United States v. Cedano-Medina, 366 F.3d 682, 684 (8th Cir.2004) (citing Katz v. United States, 389 U.S. 347, 356-57, 88 S.Ct. 507, 19 L.Ed.2d 576 (1967)) (<HOLDING>). “Under the fourth and fourteenth amendments, Options: A. holding searches conducted without a warrant based on probable cause are presumptively unreasonable B. holding that warrantless searches are reviewed de novo whereas searches conducted pursuant to a search warrant are reviewed under a less demanding standard C. holding that consent searches do not require probable cause to justify the search of a home D. holding that bodycavity searches of prisoners are not unreasonable E. holding strip searches conducted in the station house without reasonable suspicion that minor offenders had possession of contraband are unreasonable and violate the fourth amendment

assistant: The best answer is A. holding searches conducted without a warrant based on probable cause are presumptively unreasonable
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Each party hereto acknowledges and agrees that irreparable injury to the other party hereto would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached and that such injury would not be adequately compensable by the remedies available at law (including the payment of money damages). It is accordingly agreed that each party hereto shall be entitled to specific enforcement of, and injunctive relief to prevent any violation of, the terms hereof, and the other parties will not take action, directly or indirectly, in opposition to a party hereto seeking such relief on the grounds that any other remedy or relief is available at law or in equity, and the parties further agree to waive any requirement for the posting of any bond or other security in connection with such remedy or relief. This Section 4.1 is not the exclusive remedy for any violation of this Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: to the California Court of Appeals which summarily denied relief. The California Supreme Court denied the petition for review. 2. Pursuant to the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), a federal court may not grant habeas relief for a claim adjudicated on the merits in state court unless the prior adjudication resulted in a decision that was “contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States.”. Brumfield v. Cain, — U.S. -, 135 S.Ct. 2269, 2275, — L.Ed.2d - (2015) (quotation omitted). The summary denial of Harris’s claims is a denial on the merits for purposes of 28 U.S.C. § 2254(d). Harrington v. Richter, 562 U.S. 86, 99-100, 131 S.Ct. 770, 178 L.Ed.2d 624 (2011) (<HOLDING>). 3. To establish a Brady violation, Harris Options: A. holding that de novo standard of review applies on federal claims never addressed by state courts B. holding that federal courts should apply state substantive law C. holding federal courts should apply the aedpas deferential standard of review even when the petitioners claims have been summarily denied by the state courts D. holding that when all federal claims have been dismissed the court should decline to exercise supplemental jurisdiction over the state law claims E. holding that state courts must apply the federal pleading standard in fela cases

assistant: The best answer is C. holding federal courts should apply the aedpas deferential standard of review even when the petitioners claims have been summarily denied by the state courts
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: F.3d at 1216. It does not apply to the declarant’s after-the-fact statements made about his past state of mind. Id. It similarly does not apply to the “declarant’s statements as to why he held the particular state of mind.” United States v. Duran, 596 F.3d 1283, 1297 (11th Cir.), cert. denied, - U.S. -, 131 S.Ct. 210, 178 L.Ed.2d 46 (2010). “A district court has wide discretion to control the cross-examination of witnesses.” United States v. Guzman, 167 F.3d 1350, 1352 (11th Cir.1999). Cross-examination is limited by the relevance of the material. United States v. Maxwell, 579 F.3d 1282, 1296 (11th Cir.2009). Generally, inflammatory testimony is prohibited and may be grounds for reversal if considered unduly prejudicial. United States v. Baker, 432 F.3d 1189, 1230-31 (11th Cir.2005) (<HOLDING>). But where a defendant raises an entrapment Options: A. holding that the admission of highly inflammatory evidence of the defendants participation in a double murder cast doubt enough to warrant reversal on the defendants firearms convictions B. holding that the district court made sufficient factual findings and adequately determined the scope of defendants participation in a conspiracy under 1b13 even though the district court did not expressly determine the scope of the defendants participation C. holding that probable cause existed to search the defendants residence because the warrant affidavit established probable cause that the defendant possessed stolen firearms and because people generally keep firearms at home or on their persons D. holding that even if evidence admitted in error admission must result in material prejudice to warrant reversal E. holding that admission in evidence of certified copies of docket sheets of defendants prior convictions did not violate defendants sixth amendment right to confrontation because such records are not testimonial

assistant: The best answer is A. holding that the admission of highly inflammatory evidence of the defendants participation in a double murder cast doubt enough to warrant reversal on the defendants firearms convictions
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: Either the Director or the Company may, by written notice to the other, terminate the Director’s right pursuant to Section 1.2(b) to disclose Confidential Information to all Director Representatives and H Partners Representatives. The date specified in the notice is referred to below as the “ Information Termination Date ”. In such event and subject to H Partners’ internal documentation retention policies necessary to comply with applicable law, within 15 days after the Information Termination Date the Director and all H Partners Representatives and Director Representatives will return or destroy all copies of Confidential Information (in whatever form) in their possession and confirm in writing to the Company their compliance with this obligation. Notwithstanding the return or erasure or deletion of Confidential Information, all H Partners Group Members and all other H Partners Representatives and Director Representatives who received Confidential Information will continue to be bound by the obligations contained in this Agreement and any applicable Representative Undertaking.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: 247 Fed.Appx. 730, 734 (6th Cir.2007). Instead, he merely argued that the Cl “was the person that formed the facts for the issuance of the search warrant,” and so “[i]n order to present any viable defense,” the requested information was necessary. (Mot. for Discovery, R. 40, PagelD 164). Further, on appeal, Ray has not demonstrated to this Court how disclosure would have assisted him at trial; he only asserts that the Cl could have testified at trial about the details of the alleged purchase during the controlled buy, even though Ray was never charged for that alleged sale. The only record evidence of the role played by the Cl in this case -is that the Cl supplied the information to law enforcement that ultimately led to a fruitful search. See Beals, 698 F.3d 248, 270 (6th Cir.2012) (<HOLDING>). Similar to Beals, in this case, Ray was not Options: A. holding that information from confidential informant was reliable and credible where affidavit referred to previous instances in which informant provided correct information to police affiants own investigation and controlled buy of contraband confirmed information and second informant supplied same information to police B. holding that trial court improperly dismissed charges pretrial because the state did not disclose the identity of a confidential informant C. holding that because the defendants offer of proof failed to show that the affiant was untruthful the district court did not abuse its discretion in refusing to order disclosure of the informant D. holding that the district court was within its discretion not to order disclosure of the governments confidential informant where the informant only helped orchestrate the search that led to discovery of incriminating evidence not the crimes themselves and could not testify to any relevant fact E. holding corroborating evidence sufficient that officer drove informant to defendants house saw defendant admit informant and saw informant come out with drugs and defendants voice was identified on audio tape of transaction

assistant: The best answer is D. holding that the district court was within its discretion not to order disclosure of the governments confidential informant where the informant only helped orchestrate the search that led to discovery of incriminating evidence not the crimes themselves and could not testify to any relevant fact
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: way.” In re Hopkins, 677 A.2d 55, 60-61 (D.C.1996). While arbitral proceedings do perform a judicial function, a Rule 8.4(d) violation requires that the misconduct bear directly on the integrity of the proceedings themselves, not the enforcement of the decision. The cases Bar Counsel cites to show that failure to pay the ACAB award constitutes a Rule 8.4(d) violation all include misconduct that bears directly on the judicial process in a more pronounced way than in this case. See In re Uchendu, 812 A.2d 933 (D.C.2002) (dealing with an attorney who submitted falsely notarized and signed documents to a probate court); In re Mason, 736 A.2d 1019 (D.C.1999) (finding a violation of Rule 8.4(d) when an attorney lied to the Federal Home Loan Bank Board); In re L.R., 640 A.2d 697 (D.C.1994) (<HOLDING>). In contrast to those cases, the judicial Options: A. holding that the district court did not err in continuing the trial without defendant when the trial had commenced in defendants presence he vigorously expressed his desire to be absent he was given ample opportunity to change his mind despite the disturbance he had created he had competent counsel and he knew of his right to be present B. holding that an attorney violated rule 84d when he failed to perform any effective action on behalf of his client C. holding that an attorney violated mlrpc 84d by faffing to inform his client of the dismissal of his clients complaint D. holding that an attorney may only undertake to represent a new client against a former client where there is no confidential information received from the former client that is in any way relevant to representation of the current client E. holding that an attorney violated rule 84d when he attempted to charge his client whom he had agreed to represent for free because defendants view of the judicial process would be tainted

assistant: The best answer is E. holding that an attorney violated rule 84d when he attempted to charge his client whom he had agreed to represent for free because defendants view of the judicial process would be tainted
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 Administrative Agent shall have received a certificate of the chief financial officer or, if none, the treasurer, controller, vice president (finance) or other responsible financial officer of the Parent Borrower certifying the solvency of the Parent Borrower and its Subsidiaries on a consolidated basis in customary form (as per the applicable jurisdiction of the Parent Borrower).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company shall have obtained any and all consents, permits and waivers necessary or appropriate for consummation of the transactions contemplated by the Agreement (except for such as may be properly obtained subsequent to each Closing).

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the following reasons, I conclude that defendant’s speech, as alleged in the indictment, is protected by the First Amendment and does not state a violation of § 373. A. Posts Regarding Juror A Defendant’s posts regarding Juror A do not expressly solicit or endeavor to persuade another person to harm Juror A. Rather, they disclose personal information about Juror A and comment on his/her sexual orientation and attitude toward race. Although the posts may be reasonably read as criticizing Juror A’s vote to convict Hale, nowhere in them does defendant expressly advocate that Juror A be harmed. Scrutiny and criticism of people involved in the investigation and prosecution of crimes is protected by the First Amendment. See Wood v. Georgia, 370 U.S. 375, 82 S.Ct. 1364, 8 L.Ed.2d 569 (1962) (<HOLDING>); see also Globe Newspaper Co. v. Superior Options: A. holding absolute immunity protects prosecutor from liability for withholding exculpatory evidence from grand jury B. holding that the first amendment protects the right to criticize a grand jury investigation C. holding that right was available in grand jury proceedings D. holding the trial court erred in ordering the transcription of grand jury proceedings so that it could intervene in the operations of the grand jury E. holding no right to crossexamine in grand jury proceedings

assistant: The best answer is B. holding that the first amendment protects the right to criticize a grand jury investigation