flwrlabs/fed-legal huggingface dataset:
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: (a) This Agreement shall continue in effect until May 1 st , 2018 (the “Initial Termination Date”). If this Agreement is not terminated on the Initial Termination Date, as provided for herein, then, this Agreement shall automatically renew for an additional one-year period and shall continue to renew for additional one-year periods until this Agreement is otherwise terminated, as provided for herein. At any time during the term of this Agreement, CMF may terminate this Agreement upon 5 days’ notice to the Advisor. At any time during the term of this Agreement, CMF may elect to immediately terminate this Agreement if (i) the Net Asset Value of the Partnership shall decline as of the close of business on any day to $4.00 or less; (ii) the Net Asset Value of the Partnership allocated to the Advisor (adjusted for redemptions, distributions, withdrawals or reallocations, if any) declines by 20% or more as of the end of a trading day from the previous highest value of the Partnership’ Net Asset Value; (iii) limited partners owning not less than a “Majority of Units in the Partnership” (as defined in Section 5(a)(1) of the Partnership Agreement) shall vote to require CMF to terminate this Agreement; (iv) the Advisor fails to comply with the terms of this Agreement; (v) CMF, in good faith, reasonably determines that the performance of the Advisor has been such that CMF’s fiduciary duties to the Partnership require CMF to terminate this Agreement; (vi) CMF reasonably believes that the application of speculative position limits will substantially affect the performance of the Partnership; (vii) the Advisor fails to conform to the trading policies set forth in Appendix A or Appendix B as they may be changed from time to time; (viii) the Advisor merges, consolidates with another entity, sells a substantial portion of its assets, or becomes bankrupt or insolvent; (ix) Warren Naphtal dies, becomes incapacitated, leaves the employ of the Advisor, ceases to control the Advisor or is otherwise not managing the trading programs or systems of the Advisor; (x) the Advisor’s registration as a commodity trading advisor with the CFTC or its membership in the NFA or any other regulatory authority, is terminated or suspended; or (xi) CMF reasonably believes that the Advisor has or may contribute to any material operational, business or reputational risk to CMF or CMF’s affiliates. This Agreement will immediately terminate upon dissolution of the Partnership or upon cessation of trading by the Partnership prior to dissolution.

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: v. Cruz Pagan, 537 F.2d 554, 558 (1st Cir. 1976). We tend to agree. ¶ 35. It is important to distinguish between the apartment building and Dumstrey's actual home. While the parking garage is located directly beneath the entire apartment building, it does not follow that it is therefore closely proximate to Dumstrey's home. His home cannot reasonably be said to constitute the entire apartment building. Rather, Dumstrey occupies only one of the 30 units located within the building. This is a far cry from a single family home's attached garage, which courts have consistently held constitutes curtilage. See State v. Davis, 2011 WI App 74, ¶ 12, 333 Wis. 2d 490, 798 N.W.2d 902 (collecting cases and citing State v. Leutenegger, 2004 WI App 127, ¶ 21 n.5, 275 Wis. 2d 512, 685 N.W.2d 536 (<HOLDING>)). ¶ 36. In such cases, the garage is quite Options: A. recognizing that cases consistently hold that an attached garage is part of the curtilage B. recognizing that the supreme court in hayes consistently limited its holding that the mva title provisions applied instead of the ucc to cases involving tort law and liability insurance coverage C. recognizing that the supreme court has consistently applied an analysis keyed to economic realities D. recognizing that the virginia supreme court has consistently applied the one year statute of limitation to defamation actions E. recognizing that an indictment may be dismissed in part

assistant: The best answer is A. recognizing that cases consistently hold that an attached garage is part of the curtilage
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 permits us to review the constitutionality of the provision in question. Accordingly, even though Ohms did not challenge the constitutionality of seetion 78-3-31 below, we nonetheless address this argument on appeal. Our analysis of the constitutionality of section 78-3-31 begins with the premise that “statutes stitutionality of a given statute is made, the said statute must be examined to determine if it is unconstitutional, either on its face or as applied. See, e.g., In re Criminal Investigation, 7th Dist. Court No. CS-1, 754 P.2d 633, 640 (Utah 1988); Wells v. Children’s Aid Soc’y of Utah, 681 P.2d 199, 204 (Utah 1984); Ellis v. Social Servs. Dep’t of Church of Jesus Christ of Latter-day Saints, 615 P.2d 1250, 1255 (Utah 1980). The statute at issue in th 116 (Utah 1970) (<HOLDING>); accord State v. Green, 793 P.2d 912, 916 Options: A. recognizing right of this court to regulate and discipline members of the bar B. recognizing that an attorney has a duty of loyalty to his client C. holding that utah supreme court cannot delegate its duty to discipline an erring attorney to others D. holding that a general acute care hospital may not delegate its duty to provide physicians for emergency room care because the law imposes a duty on hospital to provide that health care E. holding that the authority of the supreme court to discipline judges and members of the bar is plenary

assistant: The best answer is C. holding that utah supreme court cannot delegate its duty to discipline an erring attorney to others
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 embodies the entire agreement and understanding between the parties hereto with respect to the subject matter hereof and supersedes all prior oral or written agreements and understandings relating to the subject matter hereof. No statement, representation, warranty, covenant or agreement of any kind not expressly set forth in this Agreement will affect, or be used to interpret, change or restrict, the express terms and provisions of this Agreement.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: you may register directly via the site or by logging into your account with certain third party social media or social networking sites ( `` sns '' ) ( including , but not limited to , facebook ) via the site , as described herein .

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: time in their reply brief). The BIA did not violate petitioners’ due process rights. It is undisputed that the BIA mailed its decision to petitioners’ attorney of record, that he received it, and that petitioners failed to inform the BIA of their change of address. Further, the record shows that the IJ told petitioners that they were required to inform the agency if they changed their address and that he gave them the change of address form. We lack jurisdiction to consider petitioners’ remaining contentions because they arise from the agency’s underlying decision to deny cancellation of removal. Petitioners failed to seek review of that decision within the 30-day time limit prescribed by 8 U.S.C. § 1252(b)(1). See Stone v. INS, 514 U.S. 386, 405, 115 S.Ct. 1537, 131 L.Ed.2d 465 (1995) (<HOLDING>). DENIED in part, DISMISSED in part. *** This Options: A. holding that this time requirement is mandatory and jurisdictional B. holding that a time limit for filing a complaint as a creditor in bankruptcy proceedings is not jurisdictional C. holding that time limit for filing petition for review is mandatory and jurisdictional D. holding that the time limit for filing a petition for review of a final order of deportation is jurisdictional E. holding that the statutory time limit for filing a petition for review is mandatory and jurisdictional and therefore not subject to equitable lolling

assistant: The best answer is C. holding that time limit for filing petition for review is mandatory and jurisdictional
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: because it does not take account of the technical defense exception we envision. We need not hold that a government argument that an EAJA application contained an excessive number of hours would constitute a technical defense. Even assuming that an objection to excessive hours is a technical defense, however, the Academy wrongly foresees an endless cycle of litigation over such a defense. As we conceive it, any technical defense can only be raised once. For the government to argue that it was substantially justified in arguing that it was substantially justified in raising any technical defense will still violate the per se rule, thus ending the litigation. The remainder of our task is an easy one. We hold that the Secretary was substantially justified in raising the untimely f .) (<HOLDING>), cert. denied, — U.S. —, 106 S.Ct. 583, 88 Options: A. holding that plaintiff failed to offer sufficient evidence to support a finding that a similar position existed after his termination B. holding that standing existed C. holding no defamation existed D. holding postaccident citation not sufficient to support finding that coemployee was substantially certain that injury or death would occur E. holding governments position substantially justified where sufficient support existed in precedent

assistant: The best answer is E. holding governments position substantially justified where sufficient support existed in precedent
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: You will serve as Executive Vice President and General Counsel, CBS Broadcasting and Executive Vice President, Deputy General Counsel and Secretary, CBS Corporation, and you agree to perform all duties reasonable and consistent with that office as the Senior Executive Vice President and Chief Legal Officer of CBS (the “ CLO ”) may assign to you from time to time. During the Term, in your role as Executive Vice President and General Counsel, CBS Broadcasting, you will be responsible for CBS Television Network entertainment and news operations, CBS Studios, domestic and international syndication, program practices, intellectual property and labor and employment law, and in your role as Executive Vice President, Deputy General Counsel and Secretary, you will be responsible for corporate, securities, real estate, executive compensation, employee benefits and Board of Directors legal matters. While you are employed hereunder, you agree to devote your entire business time, attention and energies to the business of CBS. Your principal place of employment will be CBS’s executive offices in the Los Angeles metropolitan area; provided , however , that you will be required to render services in New York and elsewhere upon request for business reasons.

assistant: Duties
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: violates [a] mandatory regulation, there will be no shelter from liability because there is no room for choice and the action will be contrary to policy.” United States v. Gaubert, 499 U.S. 315, 324, 111 S.Ct. 1267, 113 L.Ed.2d 335 (1991). For example, we have observed that the limitation of an officer’s judgment during a high speed chase — such as the limitation of “the speed of a vehicle in hot pursuit — indicates that the [police department] already had made the decision to limit the officer’s exercise of discretion.” Biscoe v. Arlington Cty., 738 F.2d 1352, 1363 (D.C.Cir.1984). Consequently, “effective law enforcement would not be hindered by enforced adherence to such regulations” through civil liability. Id.; see also Keller v. United States, 771 F.3d 1021, 1024 (7th Cir.2014) (<HOLDING>). We see no difference between a prescription Options: A. holding that the discretionary function does not apply where the decisionmaker lacks authority B. holding federal tort claims act discretionary function exception does not apply if prison personnel violate a mandatory regulation C. recognizing a discretionary function exception to that waiver D. holding that the government cannot waive or forfeit an argument that the discretionary function exception to the federal tort claims act ftca should apply E. holding that the discretionary function exception may apply in the absence of a conscious decision

assistant: The best answer is B. holding federal tort claims act discretionary function exception does not apply if prison personnel violate a mandatory regulation
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: Joining Party represents and warrants to Agent that, as of the Effective Date (as defined below), except as disclosed in writing by Joining Party to Agent on or prior to the date hereof and approved by the Agent in writing (which disclosures shall be deemed to amend the Schedules and other disclosures delivered as contemplated in the Credit Agreement), the representations and warranties contained in the Credit Agreement and the other Loan Documents are true and correct in all material respects as applied to Joining Party as a Subsidiary Guarantor and a Guarantor on and as of the Effective Date as though made on that date. As of the Effective Date, all covenants and agreements in the Loan Documents and the Contribution Agreement of the Subsidiary Guarantors are true and correct with respect to Joining Party and no Default or Event of Default shall exist upon the Effective Date in the event that Joining Party becomes a Subsidiary Guarantor.

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: Each Borrower shall keep accurate and complete records, in all material respects, of its Accounts, including all payments and collections thereon, and shall submit to Administrative Agent sales, collection, reconciliation and other reports in form reasonably satisfactory to Administrative Agent, on such periodic basis as Administrative Agent may reasonably request. Each Borrower shall also provide to Administrative Agent, on or before the 20th day of each month and, during any Reporting Trigger Period, by Wednesday of each week, a detailed aged trial balance of all Accounts as of the end of the preceding month and, during any Reporting Trigger Period, as of the end of the preceding week, specifying each Account’s Account Debtor name and address, amount, invoice date and due date, showing any discount, allowance, credit, authorized return or dispute, and including such proof of delivery, copies of invoices and invoice registers, copies of related documents, repayment histories, status reports and other information as Administrative Agent may reasonably request; provided that Administrative Agent and the Lenders understand that information delivered during a Reporting Trigger Period may be preliminary and subject to customary month-end adjustments. If any Account in an aggregate face amount of $5,000,000 or more ceases to be an Eligible Account, Borrowers shall notify Administrative Agent of such occurrence promptly (and in any event within one Business Day) after any Borrower has knowledge thereof.

assistant: Records
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 any other remedies available at law or under the terms of this Plan, the Company will be entitled to obtain injunctive or other equitable relief to restrain any breach or threatened breach or otherwise to specifically enforce the provisions of this Plan, in particular, Section 5.1, it being agreed that money damages alone would be an inadequate remedy for such breach. The rights and remedies of the Company under this Plan are cumulative and not alternative. If the Company brings a claim against the Participant under this Section 8.3, the non-prevailing party shall reimburse the prevailing party for its reasonable attorney’s fees and costs.

assistant: Remedies
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: Notwithstanding anything in this Agreement to the contrary, if any of the payments or benefits to be made or provided in connection with this Agreement, together with any other payments, benefits or awards which you have the right to receive from the Company, or any corporation which is a member of an “affiliated group” (as defined in section 1504(a) of the Code without regard to section 1504(b) of the Code), of which the Company is a member, constitute an “excess parachute payment” (as defined in section 280G(b) of the Code), such payments, benefits or awards will be reduced by the minimum amount the Company deems necessary so that none of the payments or benefits under the Agreement are excess parachute payments. The calculations to determine such reduction must be made in good faith by legal counsel or a certified public accountant selected by the Company, and such determination will be conclusive and binding upon you and the Company.

assistant: Benefits
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: Schedule 5.8 contains an accurate list of all Subsidiaries of the Borrower as of the date of this Agreement, setting forth their respective jurisdictions of organization and the percentage of their respective capital stock or other ownership interests owned by the Borrower or other Subsidiaries. All of the issued and outstanding shares of capital stock or other ownership interests of such Subsidiaries have been (to the extent such concepts are relevant with respect to such ownership interests) duly authorized and validly issued and are fully paid and non-assessable. The Guarantors are all of the Significant Homebuilding Subsidiaries, subject to any grace periods provided therefor in Section 6.20.

assistant: Subsidiaries
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: appropriate in the immigration context where officials ‘exercise especially sensitive political functions that implicate questions of foreign relations.’ ” Id. at 425, 119 S.Ct. 1439 (quoting INS v. Abudu, 485 U.S. 94, 110, 108 S.Ct. 904, 99 L.Ed.2d 90 (1988)). Applying the principles of Chevron here, we conclude that Congress has not “directly spoken to the precise question at issue.” Chevron, 467 U.S. at 842, 104 S.Ct. 2778. The term “particularly serious crime” is open-ended, and the statute does not define it. And prior to the BIA’s decision in N-A-M-, the courts of appeal were divided over whether only aggravated felonies could be particularly serious crimes for purposes of withholding of removal. Compare Alaka v. Attorney Gen. of the United States, 456 F.3d 88, 105 (3d Cir.2006) (<HOLDING>), with Ali, 468 F.3d at 470 (rejecting that Options: A. holding that under the crimes code conspiracy and the completed substantive offense are separate crimes B. holding that particularly serious crimes must be aggravated felonies C. holding intoxication is only a defense to specific intent crimes and not general intent crimes D. holding that crimes of bank fraud punishable by up to five years imprisonment each were a serious offense for speedy trial act purposes E. holding that for purposes of double jeopardy analysis firstdegree felony murder and aggravated manslaughter are degree variants or aggravated forms of the core offense of homicide

assistant: The best answer is B. holding that particularly serious crimes must be aggravated felonies
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: Buyer shall protect, defend, indemnify, save and hold harmless Seller Group against any and all claims, demands, fines , suits, actions, proceedings, orders, decrees, judgments, damage or liability (including reasonable attorneys ’ fees incurred by Seller with respect thereto) of any kind or nature, by or in favor of anyone whomsoever, resulting from, arising from, or occasioned in whole or in part by any act or omission by Buyer, its agents, contractors, employees, representatives or invitees in, on, or at the Property before Closing from Buyer ’ s inspection, examination and inquiry of or on the Property ; provided, however, that Buyer shall not have any duty to protect, defend, indemnify, save and hold harmless Seller Group from any such claims, demands, fines , suits, actions, proceedings, orders, decrees, judgments, damage or liability that arise from the gross negligence or willful misconduct of Seller Group .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The terms and provisions of the Confidentiality Agreement dated December 14, 2018, a copy of which is attached to the Company Disclosure Letter as Exhibit Q , are incorporated by reference to this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall be binding upon, and shall be enforceable by and inure to the benefit of, the parties hereto and their respective heirs, legal representatives, successors and permitted assigns. This Agreement may not be assigned (including by operation of law) by (i) the Seller without the prior written consent of the Partnership and MHI Inc. or (ii) the Partnership and MHI Inc. without the prior written consent of the Seller, and in each case any attempted assignment without such consent shall be null and void and of no force and effect.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: If Executive becomes physically or mentally disabled during the term of this Agreement and such disability continues for a consecutive period of one hundred and twenty (120) days or 120 days in any 365 day period, the Company may, to the extent permitted by applicable law after the expiration of such period, terminate this Agreement by giving written notice to Executive. For purpose of this Agreement, the term “ disabled ” shall be defined as Executive’s inability through physical or mental illness, to perform all of the duties which Executive is required to perform under this Agreement with or without reasonable accommodation as such terms are defined under the Americans with Disabilities Act. In the event that the Executive is terminated pursuant to this Section, the Executive shall not be entitled to any compensation other than the Accrued Payments.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Unless delegated such power in accordance with Section 7.4 , no Member shall, in its capacity as such, have the authority or power to act for or on behalf of the Company in any manner, to do any act that would be (or could be construed as) binding on the Company, or to make any expenditures on behalf of the Company, and the Members hereby consent to the exercise by the Board of Directors of the powers and rights conferred on it by applicable law and by this Agreement.

assistant: Powers
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: have been liable to pay if the workman had been immediately employed by him. S.C.Code Ann. § 42-1-400 (1985). Three tests are applied in determining whether the activity of an employee of a subcontractor is sufficient to make him a statutory employee within the meaning of § 42-1-400: (1) is the activity an important part of the owner’s business or trade; (2) is the activity a necessary, essential, and integral part of the owner’s trade, business, or occupation; or (3) has the identical activity previously been performed by the owner’s employees? Boone v. Huntington and Guerry Elec. Co., 311 S.C. 550, 430 S.E.2d 507 (1993); Riden v. Kemet Elec. Corp., 313 S.C. 261, 437 S.E.2d 156 (Ct.App.1993); see also Meyer v. Piggly Wiggly No. 24, Inc., 338 S.C. 471, 473, 527 S.E.2d 761, 763 (2000) (<HOLDING>); Smith v. T.H. Snipes and Sons, Inc., 306 S.C. Options: A. holding that in pennsylvania there is a rule that proof of the ownership of a business vehicle involved in an accident raises a presumption that the operation of the automobile was for the owners business purposes B. holding that an employee could not establish pretext when the employer in good faith believed that the employee engaged in misconduct regardless whether the employee in fact engaged in the misconduct C. holding there are three tests used to determine whether an employee was engaged in an activity that is part of the owners trade business or occupation D. holding interest derived from shortterm notes is an integral part of lone stars business since the surplus finds are produced by that business the investments are shortterm liquid made with the intent that both the principal and interest are to be used in the regular course of the taxpayers trade or business E. holding that there is no unitary business in part because there is no flow of international business

assistant: The best answer is C. holding there are three tests used to determine whether an employee was engaged in an activity that is part of the owners trade business or occupation
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Executive shall receive a Base Salary at an annual rate of $425,000, payable semi-monthly in equal installments in accordance with the Company’s normal payroll practices. The CEO shall provide Executive with annual performance reviews, and, thereafter, Executive shall be entitled to such increase in Base Salary as the Compensation Committee of the Board of Directors (the “Compensation Committee”) may from time to time establish in its sole discretion.

assistant: Base Salary
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: McKas-kle does not require that a criminal must “speak for himself,” as the majority appears to characterize that case. See Majority Opinion at 743. Instead, McKaskle imposes its limits on the “unsolicited participation” of standby counsel. 465 U.S. at 178, 104 S.Ct. 944 (emphasis added). This rule suggests that standby counsel may not usurp the role of the pro se defendant who otherwise wants to participate directly in some stage of the proceedings. McKas-kle does not prohibit a criminal defendant from delegating certain tasks to standby counsel. See id. (“[T]he objectives underlying the right to proceed pro se may be undermined by unsolicited and excessively intrusive participation by standby counsel.”) (emphasis added). Cf. United States v. Mills, 895 F.2d 897, 903 (2d Cir.1990) (<HOLDING>). I part company with the majority’s rationale Options: A. holding that a defendant has a right to proceed pro se at trial B. holding defendants pro se motion to reduce sentence was not properly before the trial court when defendant was represented by counsel since defendant may not proceed both by counsel and pro se C. holding that district court could consistent with faretta require that standby counsel screen pro se defendants motions to facilitate the orderly functioning of the proceedings after the unassisted defendant deluged the district court with nearly 100 long and frivolous motions D. recognizing that faretta right was not eroded where pro se defendant conceded that standby counsel took no action that was not authorized by mills or adopted any strategy or position that was not initiated by mills E. holding that a defendant proceeding pro se is bound by same rules as party represented by counsel and a court cannot allow pro se litigant lower standard of performance

assistant: The best answer is D. recognizing that faretta right was not eroded where pro se defendant conceded that standby counsel took no action that was not authorized by mills or adopted any strategy or position that was not initiated by mills
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: if there is a co-custodian of a record in your account ( because one of you invited the other ) , you acknowledge that the co-custodian has full control over that record and may cancel your access to the record , manage other peoples ' access to the record , and view the record 's data including how and when the record is used .

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: of a constitutional violation.” Id. at 986. Allegations of distinct constitutional violations constitute separate claims for relief, “even if both allegations arise from the same alleged set of operative facts.” Id. Ineffective assistance of counsel constitutes a violation of a defendant’s Sixth Amendment rights and is a claim of a constitutional violation. See Strickland v. Washington, 466 U.S. 668, 684-86, 104 S.Ct. 2052, 2068-64, 80 L.Ed.2d 674 (1984). As an initial matter, in objecting to the R & R, Riolo did not argue specifically the magistrate judge had violated Clisby. Riolo’s failure to raise a Clisby violation before the district judge, however, does not prevent him from asserting Clisby error on direct appeal. See Dupree v. Warden, 715 F.3d 1295, 1297 (11th Cir.2013) (<HOLDING>). Accordingly, our review is de novo. Rhode, Options: A. holding that we review a district courts interpretation of a statute de novo B. holding that we review legal conclusions of the court of federal claims de novo C. holding in the criminal context that a district courts obligation to make a de novo determination with respect to the portions of a magistrate judges report and recommendation to which objections are made did not require a de novo hearing D. holding that we review constitutional challenges de novo E. holding although petitioner did not object to magistrate judges failure to address certain claims in petitioners 2254 habeas petition we nevertheless could review de novo whether the district judge had violated clisby

assistant: The best answer is E. holding although petitioner did not object to magistrate judges failure to address certain claims in petitioners 2254 habeas petition we nevertheless could review de novo whether the district judge had violated clisby
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: (“An agency relationship results only when there is an understanding between the parties that creates a fiduciary relationship under which the fiduciary is subject to the directions of the principal and acts on account of the principal.”). Key in “determining whether an agency relationship exists is the principal’s right of control.” Gardin, 661 N.W.2d at 199; Benson, 593 N.W.2d at 130. Wright’s sole allegations relate to statements made by Chagra, where Chagra says he was “speaking on behalf of [Goodman].” His pleadings contain no manifestations by Goodman that Chagra could act on his behalf. Additionally, Wright points to no conduct or acts of Goodman that ratified Chagra’s conduct. See, e.g., Wessels, Arnold & Henderson v. Nat’l Med. Waste, Inc., 65 F.3d 1427, 1433 (8th Cir.1995) (<HOLDING>). Thus, Wright has not pointed to minimally Options: A. holding that removal without cause was proper because directors have no vested right to hold office in defiance of a properly expressed will of the majority B. holding irrelevant the argument that a directors conduct amounting to minimum contacts was unauthorized where the directors employer ratified the directors conduct C. holding that ownership and overlapping directors are insufficient standing alone to pierce the corporate veil D. holding no specific jurisdiction where alleged tortious conduct was not related to defendants contacts with texas E. holding that parratt does apply to intentional conduct if the conduct is unauthorized

assistant: The best answer is B. holding irrelevant the argument that a directors conduct amounting to minimum contacts was unauthorized where the directors employer ratified the directors conduct
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 Plan may be amended or terminated at any time by action of the Board. However, no amendment may, without stockholder approval, except as set forth in Section 3.2 herein, (i) increase the aggregate number of Shares available for Awards, (ii) extend the term of the Plan, (iii) materially expand the types of awards available under the Plan, (iv) change the definition of Eligible Individual to add a category or categories of individuals who are eligible to participate in the Plan, (v) delete or limit the prohibition against repricing of Options or Stock Appreciation Rights contained in Sections 6.11 and 10.5, or (vi) make other changes which require approval by the stockholders of the Company in order to comply with applicable law or applicable stock market rules. No amendment or termination of the Plan may adversely modify any individual's rights under an outstanding Award unless such individual consents to the modification in writing.

assistant: Amendments
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: no pet.). A release that is valid on its face, however, constitutes prima facie proof of payment; the burden of proving otherwise is on the party who denies its validity. Martin v. Farmers’ Nat’l Bank of Hillsboro, 294 S.W. 240, 241 (Tex.Civ.App.-Waco 1927, no writ); see also Deer Creek Ltd. v. N. Am. Mortgage Co., 792 S.W.2d 198, 201 (Tex.App.-Dallas 1990, no writ) (“Once the release was properly pleaded, the burden then shifted to appellants to produce evidence that raised a fact issue as to a legal justification for setting aside the release.”). 2. Analysis Here, McKenna, an agent of the AG, signed and acknowledged the Release, and the AG itself asserted in its motion for new trial that it does not dispute the trial court’s fi S.W.3d 564, 570-71 (Tex.App.-San Antonio 2004, no pet.) (<HOLDING>). Because the Release is valid on its face, and Options: A. recognizing section 52112 as an affirmative defense B. holding that fair use is an affirmative defense C. recognizing laches as an affirmative defense D. recognizing lack of consideration as an affirmative defense to a release that is valid on its face E. holding that laches is an affirmative defense

assistant: The best answer is D. recognizing lack of consideration as an affirmative defense to a release that is valid on its face
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 GUARANTOR AND THE ADMINISTRATIVE AGENT HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS AGREEMENT, ANY OTHER LOAN DOCUMENT OR ANY ANCILLARY FACILITY DOCUMENT AND FOR ANY COUNTERCLAIM THEREIN.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: compliance with that obligation has unfortunately become all too rare. The Court simply notes that Plaintiff's counsel does credit to himself, both as a member of the bar and an officer of this Court, through such actions. 5 . See also Fox v. Herzog Heine Geduld, Inc., 232 Fed.Appx. 104, 106 (3d Cir.2007); Goeres v. Charles Schwab & Co., 220 Fed.Appx. 663 (9th Cir.2007), certiorari denied — U.S. ---, 128 S.Ct. 2994, 171 L.Ed.2d 911 (2008); Todisco v. Verizon Comm’ns, 497 F.3d 95 (1st Cir.2007); Coan v. Kaufman, 457 F.3d 250 (2d Cir.2006); Calhoon v. TWA, 400 F.3d 593 (8th Cir.2005); Callery v. United States Life Ins. Co., 392 F.3d 401 (10th Cir.2004); Helfrich v. PNC Bank., Ky., Inc., 267 F.3d 477 (6th Cir.2001). But see Bowerman v. Wal-Mart Stores, Inc., 226 F.3d 574, 592 (2000) (<HOLDING>) (quoting Health Cost Controls of Ill., Inc. v. Options: A. holding that monetary damages may be awarded in a 1132a3 claim because when sought as a remedy for breach of fiduciary duty restitution is properly regarded as an equitable remedy because the fiduciary concept is equitable B. recognizing constructive trust as appropriate equitable remedy C. holding that the reinstatement of the right to an election of benefits may be an appropriate equitable remedy under 29 usc 1132a3 D. holding that varity corp did not eliminate a private cause of action for breach of fiduciary duty when another potential remedy is available instead the district courts remedy is limited to such equitable relief as is considered appropriate E. holding that claims for promissory estoppel may be pursued under 1132a3 even where no breach of fiduciary duty is alleged

assistant: The best answer is A. holding that monetary damages may be awarded in a 1132a3 claim because when sought as a remedy for breach of fiduciary duty restitution is properly regarded as an equitable remedy because the fiduciary concept is equitable
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: potentially actionable claim against it — patent infringement — lies exclusively in federal court. In sum, the City argues that, because there is no possibility of liability against it if suit were ever filed in state district court, the state district court, likewise, has no jurisdiction over the Rule 202 petition. Even if we were to agree that the state district court would have no jurisdiction over the City for the claims that U.S. Filter seeks to investigate, the district court would have jurisdiction over Altivia. For example, if the depositions reveal facts constituting a civil conspiracy between the City and Altivia, U.S. Filter could pursue a claim against Altivia, even if the City were immune. See Dennis v. Sparks, 449 U.S. 24, 30, 101 S.Ct. 183, 186-87, 66 L.Ed.2d 185 (1980) (<HOLDING>); B.K. v. Cox, 116 S.W.3d 351, 358-59 Options: A. holding that 1983 does not override a states eleventh amendment immunity B. holding that plaintiff had failed to state a claim for relief under section 1983 C. holding that immunity given judge under section 1983 does not inure to benefit of those accused of conspiring with him D. holding that 1983 does not override states eleventh amendment immunity E. holding that qualified immunity under 1983 does not apply to actions brought under 521

assistant: The best answer is C. holding that immunity given judge under section 1983 does not inure to benefit of those accused of conspiring with him
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 represents and warrants to and agrees with each other Party that the execution and delivery of this Agreement and the consummation of the transactions contemplated hereby have been duly authorized on behalf of such Party and do not violate any agreement or other instrument applicable to such Party or by which its assets are bound. This Agreement does not, and shall not be construed to, give rise to the creation of a partnership among any of the Parties, or to constitute any of such Parties as members of a joint venture or other association.

assistant: Authority
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: Other than as disclosed in the Company’s SEC Reports (as defined below), no litigation or governmental proceeding is pending or threatened against the Company which may have a materially adverse effect on the financial condition, operations or prospects of the Company, and to the knowledge of the Company, no basis therefore exists.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: include a detailed description of the evidence that had already been obtained as well as a separate section detailing the aims of and need for continued electronic surveillance. The justifications listed by the government included the facts that the organization under investigation was believed to be an organized crime family that was substantially insulated against infiltration, that additional victims/witnesses would be unlikely to speak to the government out of fear of reprisal, and that attempts to interview these witnesses might compromise the government’s investigation. On these facts, we do not believe that the issuing magistrate judges abused their discretion in granting the government’s extension applications. See United States v. Giacalone, 853 F.2d 470, 480 (6th Cir.1988) (<HOLDING>). F. Sentencing issues The defendants raise Options: A. holding that the objection had been sufficiently timely when the defense waited until the governments rebuttal to object to a statement made during the governments closing statement B. holding that a title iii warrant was justified where the governments evidence indicated that the defendants belonged to an organized crime family that attempts to infiltrate the organization had failed in the past and were unlikely to succeed in the future and that all of the governments informants had refused to testify because of fear of reprisal C. holding that the protective sweep incident to the defendants arrest in front of his house on suspicion of murder was not justified because the evidence that an accomplice was involved in the murder did not equate to evidence that someone would be hiding out in the defendants house a month after the crime occurred and at the time of the arrest the officers were not chasing the defendant from a crime scene D. holding that district court had ample authority to strike claimants affidavit offered in opposition to governments motion for summary judgment in forfeiture action after claimant invoked fifth amendment and refused to answer governments deposition questions E. holding that an informant was a government agent when he was placed in the defendants jail cell after he indicated his willingness to testify against the defendant be cause it is not the governments intent or overt acts that are important rather it is the likely result of the governments acts that matters

assistant: The best answer is B. holding that a title iii warrant was justified where the governments evidence indicated that the defendants belonged to an organized crime family that attempts to infiltrate the organization had failed in the past and were unlikely to succeed in the future and that all of the governments informants had refused to testify because of fear of reprisal
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 each case subject to the limitations set forth in Section 10.04(a) of the Credit Agreement, unless waived by the Administrative Agent, the Company shall have paid all fees, charges and disbursements of counsel to the Administrative Agent (directly to such counsel if requested by the Administrative Agent) to the extent invoiced in reasonable detail at least two (2) Business Days prior to the Amendment Effective Date, plus such additional amounts of such fees, charges and disbursements as shall constitute its reasonable estimate of such fees, charges and disbursements incurred or to be incurred by it through the closing proceedings ( provided that such estimate shall not thereafter preclude a final settling of accounts between the Company and the Administrative Agent).

assistant: Expenses