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: and, therefore, it is unconstitutional, or, at the very least, subject to an "open courts” challenge. This argument fails for two separate reasons. First, as parents of a deceased child, the More-nos have no constitutional right to recover exemplary damages under art. 16, § 26. See Hofer v. Lavender, 679 S.W.2d 470, 475 (Tex.1984) (Supreme Court has consistently held that class of beneficiaries listed in art. 16, § 26 does not include parents of deceased child). Indeed, even if this court (or the legislature) wanted to broaden the class of persons entitled to recover exemplary damages to include parents of deceased children, we would be without authority to do so. Id.; see also Scoggins v. Southwestern Electric Service Co., 434 S.W.2d 376 (Tex.Civ. App. — Tyler 1968, writ refd n.r.e.) (<HOLDING>). Second, the question of whether § 16.003(b) Options: A. holding that regardless of dischargeability of exemplary damages under section 523a6 punitive damages flowing from the same course of fraudulent conduct necessitating an award of compensatory damages are not dischargeable in bankruptcy under section 523a2a B. holding the eighth amendment inapplicable to an award of exemplary damages C. holding the plaintiffs action was one for wrongful death and not survival where damages listed in complaint were identical to damages listed in the wrongful death act D. holding that provision in wrongful death act that allowed parents to recover exemplary damages was invalid under art 16 26 since legislature could not enlarge on exemplary damages E. holding plaintiff could not recover prejudgment interest on exemplary damages because suit was filed on april 161987 and thus governed by cavnar and not article 5069105

assistant: The best answer is D. holding that provision in wrongful death act that allowed parents to recover exemplary damages was invalid under art 16 26 since legislature could not enlarge on exemplary damages
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 shall be governed in all respects, including, but not limited to, as to validity, interpretation and effect, by the internal laws of the State of Delaware, without reference to principles of conflict of law that would require application of the law of another jurisdiction. This Amendment may be executed in any number of counterparts, each of which shall be deemed to be an original and all of which together shall constitute one and the same instrument.

assistant: Miscellaneous
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 permitted or required under the Plan shall be in writing and shall be hand-delivered or sent, postage prepaid, by first class mail, or by certified or registered mail with return receipt requested, to the principal office of the Company, if to the Company, or to the address last shown on the records of the Company, if to a Participant or Beneficiary. Any such notice shall be effective as of the date of hand-delivery or mailing.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Performance Shares granted hereunder shall vest over a period of three years in equal, one-third increments with the first increment vesting on the date of the regularly scheduled meeting of the Board’s Compensation Committee in January 2019, and the second and third increments vesting on the Committee’s meeting dates in January 2020 and January 2021, respectively (each of these vesting dates is referred to as a “ Normal Vesting Date ”); any award(s) of shares of Common Stock resulting in connection with such vesting shall be subject to verification of attainment of the Performance Objectives described in Section 4 below by the Compensation Committee. If the Committee is unable to meet in January of a given year, then the Normal Vesting Date for that year will be the date not later than March 31 of that year as selected by the Compensation Committee.

assistant: Vesting
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: Olaf Peter Juda, a federal prisoner, appeals pro se the district court’s judgment dismissing his Bivens action alleging due process and Eighth Amendment violations. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review de novo a dismissal. Zimmerman v. City of Oakland, 255 F.3d 734, 737 (9th Cir.2001). We affirm. The district court properly dismissed Juda’s action because he conceded in his First Amended Complaint that he failed to exhaust his administrative remedies. See Booth v. Churner, 532 U.S. 731, 741, 121 S.Ct. 1819, 149 L.Ed.2d 958 (2001); see also Wyatt v. Terhune, 305 F.3d 1033, 1045-46 (9th Cir.2002) (<HOLDING>). To the extent Juda contends that he did Options: A. holding that denial of remand was proper where plaintiff failed to raise the proper objection B. holding that summary judgment as to one of plaintiffs claims was appropriate bjecause plaintiff concedes that he cannot establish an essential element of this claim C. holding that a routine dismissal for failure to exhaust administrative remedies does not count as a strike under 1915g D. holding that proper remedy for failure to exhaust is dismissal of the claim without prejudice E. recognizing that dismissal may be proper where plaintiff concedes the failure to exhaust

assistant: The best answer is E. recognizing that dismissal may be proper where plaintiff concedes the failure to exhaust
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 applicable substantive standard. Thus, if the substantive law required clear and convincing evidence to support an element of the claim or defense, the court might grant summary judgment if, in considering a motion for directed verdict on the same evidentiary basis, it would have concluded that the evidence presented was so “one-sided” it failed to satisfy the plaintiff’s burden. Anderson, 477 U.S. at 251-56, 106 S.Ct. at 2511-14. Given this rule, in cases in which the burden is greater than a preponderance of the evidence, analytical constructs that turn on such concepts as “scintilla of the evidence” and “slightest doubt” are no longer useful. This court has already adopted Anderson’s holding in conjunction with first amendment cases. See Dombey, 150 Ariz. at 486, 724 P.2d at 572 (<HOLDING>). There are, of course, other civil cases in Options: A. holding that on a motion for summary judgment the mere existence of a scintilla of evidence in support of the plaintiffs position will be insufficient and there must be evidence on which the jury could reasonably find for the plaintiff B. holding that at the summary judgment stage there must be sufficient evidence on which the jury could find for the plaintiff C. holding that the clear and convincing evidentiary standard applies to section 101 challenges D. holding that despite the lack of a statutory requirement that severe child abuse be shown by clear and convincing evidence due to the consequences of such a finding the clear and convincing standard must be applied E. holding that where the new york times clear and convincing evidence requirement applies the summary judgment inquiry will be whether the evidence presented is such that a jury applying that evidentiary standard could reasonably find for either plaintiff or defendant

assistant: The best answer is E. holding that where the new york times clear and convincing evidence requirement applies the summary judgment inquiry will be whether the evidence presented is such that a jury applying that evidentiary standard could reasonably find for either plaintiff or defendant
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Guaranty shall terminate upon the earlier to occur of (i) the date that the Debt has been indefeasibly paid in full, and there has expired the maximum possible period thereafter during which any payment made by Borrower or others to Lender with respect to the Loan could be deemed a preference under the United States Bankruptcy Code or (ii) the date of the completion of the Project(s) in accordance with Annex A attached hereto and the Loan Agreement, and the Guaranteed Obligations hereunder with respect to the Project(s) have been indefeasibly paid in full, each as determined by Lender in its reasonable discretion.

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: This summary allegation has no legal merit. 7 . Maxwell was not the only witness who testified at trial that Harris possessed a .45 caliber handgun. Andre Alexander Springfield also testified that he had seen Harris with a .45 caliber gun in 1996. HEANEY, Circuit Judge, dissenting. The district court added thirty months to the appellant’s sentence on the basis that he possessed a firearm during the commission of the offense. The evidence established that Harris had the firearm several months before his drug sales, but not during them. Therefore, I cannot agree that the weapon was connected to the offense and I dissent from that portion of the majority’s opinion that affirms the sentence enhancement. As the majority correctly notes, a two-level enhancement for dr 31-33 (8th Cir.1992) (<HOLDING>). In this ease, the district court did not find Options: A. holding that city ordinances ban on assault weapons was vague because the ordinance lacked a scienter requirement and its definitions of assault weapons inter alia unfairly required gun consumers to ascertain the developmental history of particular weapons or monitor the precise types of ammunition available for their weapons B. recognizing innocent possession defense to a charge of criminal weapons possession C. holding search of armed robbery defendants suitcases and between mattresses of hotel room proper where at time of arrest officers were aware that the defendants had used several different weapons during the robberies and that one weapon a loaded revolver was in plain view concluding officers reasonably feared that someone else was going to come to the room who knew where the other weapons were or that the defendants would position themselves to take advantage of any hidden weapons or instrumentalities D. recognizing as reasonable an officers inference that a driver could be hiding weapons in his car when his passenger had an outstanding warrant for a weapons violation E. holding enhancement not appropriate because of two and onehalf month lapse between the criminal activity and the discovery of the weapons and no evidence that weapons were present when defendant committed charged offense

assistant: The best answer is E. holding enhancement not appropriate because of two and onehalf month lapse between the criminal activity and the discovery of the weapons and no evidence that weapons were present when defendant committed charged offense
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: As of the date hereof, except as set forth on Exhibit VII, the Borrower does not have any Subsidiaries and neither the Borrower nor any of its Subsidiaries is a partner or participant in any partnership or joint venture. The percentage ownership by the Borrower of outstanding Capital Stock of each Subsidiary is as set forth on Exhibit VII.

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: signals that she understands that a final judgment has been filed despite the order’s failure to comply with the separate-document rule, she must file an appeal within 30 days of the faulty judgment or lose her ability to appeal altogether. This is a dubious argument. See United States v. Indrelunas, 411 U.S. 216, 221-22, 93 S.Ct. 1562, 36 L.Ed.2d 202 (1973) (per curiam) (although the Government had clearly signaled its understanding that a stipulation for damages was the final judgment, the separate-document provision must be “mechanically applied in order to avoid new uncertainties as to the date on which a judgment is entered” and therefore the Government’s appeal was timely); Gregson & Assocs. Architects v. Gov’t of the Virgin Islands, 675 F.2d 589 (3d Cir.1982) (per curiam) (<HOLDING>); Fed. RApp. P. 4(a) advisory committee notes Options: A. holding that appellant had standing to appeal because it was bound by the judgment even though it did not meet the second requirement B. holding that a notice of appeal is timely when filed before final judgment is entered by the district court C. holding that court had jurisdiction where no separate judgment had been entered even though notice of appeal was not timely filed as measured from the final decision D. holding appeal was timely although the appellant admitted it had understood a faulty judgment to be final E. holding that a judgment is final only when the parties have exhausted their respective rights to appeal or if no party to the action filed a timely appeal

assistant: The best answer is D. holding appeal was timely although the appellant admitted it had understood a faulty judgment to be final
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 fault of the person injured. 3 . Morgan also urges us to find that the Marquises’ filing with the trial court of a tendered M.R. Civ. P. 68 offer of judgment- — once while their motion for summary judgment was pending and again after she rejected the offer — was an improper attempt to influence the court. Although we agree with Morgan that such an offer should not be filed with a court unless accepted, there is no indication in the record that the court in this case was influenced in any way by the filings, and Morgan acknowledges that the error is not sufficient standing alone to warrant vacating the summary judgment. 4 . See also Murphy v. Buonato, 42 Conn.App. 239, 679 A.2d 411, 417-18 (1996); Docherty v. Sadler, 293 Ill.App.3d 892, 228 Ill.Dec. 460, 689 N.E.2d 332, 335 (1997) (<HOLDING>); Wilcoxen v. Paige, 174 Ill.App.3d 541, 124 Options: A. holding that strict compliance is not required B. holding warranty liability and strict liability were both shown by proof a product was defective C. holding that notice not required because cercla is a strict liability statute D. recognizing strict product liability actions E. holding that a tenyearold boy injured by a dog while caring for it was not protected by states strict liability statute

assistant: The best answer is E. holding that a tenyearold boy injured by a dog while caring for it was not protected by states strict liability statute
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The representations and warranties, set forth in this Agreement, in any Exhibit or Schedule hereto and in any certificate or instrument delivered in connection herewith shall survive for a period of eighteen (18) months after the Closing Date (“ Warranty Period ”) and shall thereupon terminate and expire and shall be of no force or effect thereafter, except that (i) the representation and warranty of the Members in Section 2.01 as to the ownership of the Company Membership Shares shall survive for the period equal to the applicable statute of limitations relating to said matter; (ii) with respect to any claim, written notice of which shall have been delivered to OHGI or the Members, as the case may be, in accordance with the indemnification provisions of this Article X and prior to the end of the Warranty Period, such claim shall survive the termination of such Warranty Period for as long as such claim is unsettled, and (ii) with respect to any litigation which shall have been commenced to resolve such claim on or prior to such date.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: was proper as to this claim. 3. Third, the appellant asserts that counsel did not “procure the necessary expert assistance to effectively challenge the State’s case.” (C.R. 215.) a. The appellant alleges that his counsel rendered ineffective assistance by not procuring a DNA expert. In relation to this claim, his entire argument in his petition consisted of the following: “Trial counsel was ineffective for not procuring a DNA expert to challenge the State’s expert who testified about the blood found on items admitted into evidence. It is well-established that DNA evidence has an awesome persuasive and prejudicial effect at a criminal trial, and for this reason, the standard for admission of DNA evidence must be strictly followed. Ex parte Hutcherson, 677 So.2d 1205, 1209 (Ala.1996) (<HOLDING>). “... For this reason, DNA evidence can only Options: A. holding that a new trial was the remedy for erroneous admission of rule 404b evidence B. holding that the giving of an erroneous reasonable doubt instruction can never be harmless error C. holding that error from the erroneous admission of evidence was harmless in light of the overwhelming evidence of the defendants guilt D. holding error in admission of evidence is harmless when it was merely cumulative to other evidence in the record E. holding that the erroneous admission of dna evidence is never harmless

assistant: The best answer is E. holding that the erroneous admission of dna evidence is never harmless
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, together with the Separation Agreement, constitutes the entire agreement between Mr. McCallister and the Company with respect to the subject matter hereof and supersedes any and all prior agreements or understandings between Mr. McCallister and the Company with respect to the subject matter hereof, whether written or oral.

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: 434 (9th Cir. 1983). However, exceptions to that rule exist. See, e.g., Moses H. Cone Memorial Hosp. v. Mercury Const. Corp., 460 U.S. 1, 9-10, 103 S.Ct. 927, 933-34, 74 L.Ed.2d 765 (1983) (stays leaving plaintiff “effectively out of court”). In this case, the magistrate was free to recommend to the district court that Reynaga’s action be stayed: if the district court had then adopted the recommendation, we would have jurisdiction over Reynaga’s appeal of the district court’s order because the district court’s action would have “the practical effect of refusing an injunction,” Carson, 450 U.S. at 84, 101 S.Ct. at 996, and would have left Reynaga “effectively out of court”. Cone, 460 U.S. at 9-10, 103 S.Ct. at 933-34. See also Marchetti v. Bitterolf, 968 F.2d at 964-66 (9th Cir.1992) (<HOLDING>). Here, however, the magistrate did not Options: A. holding that managing conservator while in texas to seek return of child by writ of habeas corpus may not be served with civil process and is subject to jurisdiction of court in which habeas corpus is pending and only for purpose of prosecuting writ of habeas corpus B. holding that appellate jurisdiction exists over district court order staying 1983 action until plaintiff exhausts habeas corpus remedies C. holding that habeas corpus petitions are premature until administrative remedies have been exhausted D. holding that a federal district court has jurisdiction to stay an execution prior to the filing of a formal habeas corpus petition E. holding that district courts do not have appellate jurisdiction over state courts

assistant: The best answer is B. holding that appellate jurisdiction exists over district court order staying 1983 action until plaintiff exhausts habeas corpus 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 case excerpt and choose the best holding from the options. Case excerpt: and that the moving party is entitled to judgment as a matter of law. Bass, 418 F.3d at 872 (citing Dorsey v. Pinnacle Automation Co., 278 F.3d 830, 834 (8th Cir.2002)). Despite her assertion to the contrary, Owens did not present any direct evidence of discrimination. “Direct evidence for these purposes includes evidence of ‘remarks of the employer that reflect a discriminatory attitude,’ as well as ‘comments which demonstrate a discriminatory animus in the decisional process or those uttered by individuals closely involved in employment decisions.’ ” Roberts v. Park Nicollet Health Servs., 528 F.3d 1123, 1128 (8th Cir.2008) (quoting EEOC v. Liberal R-II Sch. Dist., 314 F.3d 920, 923 (8th Cir.2002)); accord Libel v. Adventure Lands of Am., Inc., 482 F.3d 1028, 1034 (8th Cir.2007) (<HOLDING>) (quoting Griffith v. City of Des Moines, 387 Options: A. holding that direct evidence is evidence showing a specific link between the alleged discriminatory animus and the challenged decision sufficient to support a finding by a reasonable fact finder that an illegitimate criterion actually motivated the adverse employment action B. holding that the relevant issue is whether the evidence could support a reasonable factfinders conclusion that a discriminatory animus served as the basis for the employers decision C. holding that if a reasonable fact finder could make a particular finding on the administrative record then the finding is supported by substantial evidence D. holding that an isolated comment is not direct evidence of discrimination even if a plaintiff interpreted it as motivated by a discriminatory animus E. holding causal link between alleged discriminatory remarks and adverse employment action insufficient

assistant: The best answer is A. holding that direct evidence is evidence showing a specific link between the alleged discriminatory animus and the challenged decision sufficient to support a finding by a reasonable fact finder that an illegitimate criterion actually motivated the adverse employment action
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Each of the Priority Lien Agent and the 1.5 Lien Agent represents and warrants to the other parties hereto that it is authorized under the Priority Credit Agreement and the 1.5 Lien Credit Agreement, as the case may be, to enter into this Agreement.

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: THE PARTIES HERETO KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE TRIAL BY JURY WITH RESPECT TO ANY LITIGATION BASED ON OR IN CONNECTION WITH THIS AGREEMENT AND AGREE THAT THIS PROVISION IS A MATERIAL INDUCEMENT TO ENTER INTO THIS AGREEMENT.

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 legal provision and list the applicable contract clause categories. Provision: It is understood and agreed by the parties hereto that the representations and warranties of each Subsidiary Borrower in this Section 6.17 shall only be applicable to such Subsidiary Borrower on and after the date of its execution of an Assumption Letter.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Borrower shall use the proceeds of the Loans to finance the St. Jude Acquisition, to repay certain existing indebtedness of the Borrower and the Acquired Business and to pay fees and expenses in connection with the St. Jude Transactions.

assistant: Use Of Proceeds
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: Subject to the limitations set forth in Section 2.01, if the Company at any time proposes to file a Registration Statement under the Securities Act with respect to any offering of any equity securities of the Company or Opco for the account of the Company or Opco or for the account of any other Persons (other than (i) a Registration under Sections 2.01, 2.02 or 2.03, (ii) a Registration on Form S-4 or S-8 or any successor form to such Forms, (iii) in connection with an “at-the-market” equity distribution program or dividend reinvestment program or (iv) a Registration of securities solely relating to an offering and sale to employees or directors of the Company pursuant to any employee stock plan or other employee benefit plan arrangement) (a “ Company Public Sale ”), then, as soon as reasonably practicable, the Company shall give written notice of such proposed filing to the Holders, and such notice shall offer the Holders the opportunity to Register under such Registration Statement such number of Registrable Securities as each such Holder may request in writing (a “ Piggyback Registration ”). Subject to Section 2.07(c), the Company shall include in such Registration Statement all such Registrable Securities that are requested to be included therein within five (5) days after the receipt by such Holders of any such notice; provided that if at any time after giving written notice of its intention to Register or sell any securities, and prior to the effective date of the Registration Statement filed in connection with such Registration, the Company shall determine for any reason not to Register or sell or to delay Registration or sale of such securities, the Company shall give written notice of such determination to each Holder and, thereupon, (i) in the case of a determination not to Register or sell, shall be relieved of its obligation to Register or sell any Registrable Securities in connection with such Registration (but not from its obligation to pay the Registration Expenses in connection therewith), without prejudice, however, to the rights of Brookfield, the Advisor, the Property Manager or the Demanding Holders to request that such Registration be effected as a Demand Registration under Section 2.01 or an Underwritten Offering, as the case may be, and (ii) in the case of a determination to delay Registering or selling, in the absence of a Demand Request or a request with respect to a Underwritten Offering, shall be permitted to delay Registering or selling any Registrable Securities, for the same period as the delay in Registering or selling such other securities.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Waiver of any default hereunder by the Payee will not be a waiver of any other default or of a same default on a later occasion. No delay or failure by the Payee to exercise any right or remedy will be a waiver of such right or remedy and no single or partial exercise by the Payee of any right or remedy will preclude other or further exercise thereof or the exercise of any other right or remedy at any other time.

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: A trial court can "affirmatively provide" the defense an opportunity for allocution by extending a "simple verbal invitation or question," but "it is the court which is responsible for raising the matter." Id. 19 A violation of a defendant's right to allocution usually arises where a trial court has prevented or prohibited the defendant from speaking altogether or imposed sentence in the defendant's absence. In State v. Udy, for instance, this court determined that a defendant was not "afforded his right to allocution" because "the trial court refused to hear any statement in mitigation" from either the defendant or defense counsel during a sentencing review hearing. 2012 UT App 244, ¶¶ 28-29, 286 P.3d 345; see also State v. Legg, 2006 UT App 367, paras. 1, 6, 2006 WL 2578913 (<HOLDING>); State v. Wanosik, 2001 UT App 241, ¶ 32, 31 Options: A. holding that the trial court violated the defendants allocution rights when the court sentenced him without allowing him to offer mitigating remarks B. holding that the trial court violated the defendants allocution rights when the court in the defendants absence did not afford defense counsel an opportunity to present information in mitigation of punishment C. holding that the trial court abused its discretion in denying a motion to substitute counsel on the strength of gonzalezs sworn responses at the pleataking that no one was threatening him or forcing him to plead where the defendant alleged that his attorney forced him to plead guilty and threatened him if he did not take the plea D. holding that a defendant must have notice that the trial court might sentence him to death E. holding that the trial court may not retain jurisdiction over a sentence when the defendant is sentenced under the guidelines

assistant: The best answer is A. holding that the trial court violated the defendants allocution rights when the court sentenced him without allowing him to offer mitigating remarks
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 show that certification is warranted,” id., we will not, as Allstate urges, direct the district court to enter judgment on Pacleb’s individual claims before Pacleb has had a fair opportunity to' move for class certification. Finally, even if Pacleb’s individual claims were otherwise fully satisfied, he could continue to seek class certification under Pitts. For these reasons, the district court’s order denying Allstate’s motion to dismiss' the complaint for lack of subject matter jurisdiction is affirmed. ORDER AFFIRMED. 4* Allstate’s motion to supplement the record on appeal, filed February 12, 2016, is GRANTED. 2 . In its initial briefing in this court, Allstate attempted to distinguish this case from Diaz v. First American Home Buyers Protection Corp., 732 F.3d 948 (9th Cir.2013) (<HOLDING>), on the ground that Diaz involved an expired Options: A. holding an unaccepted rule 68 offer does not moot a claim B. holding that federal rule 68 by its terms does not apply if the judgment is entered in favor of the offeror C. holding an unaccepted settlement offer or offer of judgment does not moot a plaintiffs case emphasis added D. recognizing that minnesota allows the offeree to recover costs as a prevailing party under minnstat 5490104 2004 despite having rejected a more favorable rule 68 offer because unlike the federal rule minnesota rule 68 does not specifically state that the offeree is responsible for her own costs and disbursements E. holding that while rule 68 does not explicitly require that an offer of settlement under that rule be made in writing its requirement that the offer be served upon the adverse party implies as much

assistant: The best answer is A. holding an unaccepted rule 68 offer does not moot a claim
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: SMITH, LARRY G., Senior Judge, concur. 1 . See A.B. v. State, 757 So.2d 1241 (Fla. 4th DCA 2000); State v. AM., 765 So.2d 927 (Fla. 2d DCA 2000); and State v. Coleman, 802 So.2d 422 (Fla. 3d DCA 2001). 2 . See Arroyo v. State, 564 So.2d 1153 (Fla. 4th DCA 1990); State v. Nixon, 295 So.2d 121 (Fla. 3d DCA 1974); see, e.g., Dale v. State, 703 So.2d 1045 (Fla. 1997) (finding whether or not unloaded BB gun was a deadly weapon was issue for jury); Porter v. State, 798 So.2d 855 (Fla. 5th DCA 2001) (distinguishing per se rule that a common pocket knife is not a deadly weapon as enunciated in L.B. v. State, 700 So.2d 370 (Fla. 1997); finding rule does not apply where pocket knife is in open position); Durden v. State, 743 So.2d 77, 78 (Fla. 1st DCA 1999), approved, 111 So.2d 416 (Fla. 2001) Options: A. holding hand can be deadly weapon B. holding that reckless conduct was lesserincluded offense of aggravated assault by threatening another with imminent bodily injury by use of deadly weapon because the danger of serious bodily injury in the lesser offense is necessarily established when a deadly weapon is used in the commission of an offense as required for the greater offense C. holding offense of carjacking while armed with a deadly weapon may be committed by holding the open blade of a pocket knife to the victims throat whether an object is a deadly weapon ie whether it is likely to produce death or great bodily harm is a factual question to be answered by the jury in each case D. holding an allegation that defendant caused death by cutting victims throat with sharp object was sufficient to give notice of states intent to seek deadly weapon finding E. recognizing that deadly weapon finding may be made even when weapon used is unknown

assistant: The best answer is C. holding offense of carjacking while armed with a deadly weapon may be committed by holding the open blade of a pocket knife to the victims throat whether an object is a deadly weapon ie whether it is likely to produce death or great bodily harm is a factual question to be answered by the jury in each case
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 Air Force to terminate that contract. See AR at 411-12, 476, 479-80, 483-84. Therefore, when Solicitation No. F45613-02-QA027 was rebid, Blue Dot should have been the successful bidder since the Air Force’s concerns about Blue Dot’s “past performance” primarily concerned the operation of the recycling center. See AR at 213-14, 216, 218. The dispute at issue, however, concerns Sole-Source Solicitation No. F45613-03-Q-A068, which only covers solid waste collection and disposal services, not the operation of a recycling center. See AR at 3, 781. Therefore, the Air Force’s 2002 evaluation of Blue Dot is irrelevant to whether Blue Dot was prejudiced by the Air Force’s can cellation of Solicitation Nos. F45613-02-Q-A027 and F45613-03-Q-A028 and decis F.3d 1324, 1329 (Fed.Cir.2004) (<HOLDING>); Impresa, 238 F.3d at 1332 (holding that “a Options: A. holding that the definition of procurement under the tucker act is broader than the definition of procurement contract in the fgcaa such that an agency can engage in a procurement process for the purposes of the tucker act even though it is using a cooperative agreement instead of a procurement contract to memorialize the parties agreement B. holding that in bid protest cases a bid award may be set aside if either 1 the procurement officials decision lacked a rational basis or 2 the procurement procedure involved a violation of regulation or procedure C. holding that as a matter of law where the procurement decision was rational a reviewing court may not award injunctive relief despite the presence of procedural irregularities in the procurement process D. holding that the general accounting offices determination that a bid for a procurement contract was responsive and properly disclosed the bidders identity had a rational basis E. holding that if the procuring agencys decision lacked a rational basis or was made in violation of the applicable statutes regulations or procedures the court must then determine as a factual matter if the bid protester was prejudiced by that conduct

assistant: The best answer is B. holding that in bid protest cases a bid award may be set aside if either 1 the procurement officials decision lacked a rational basis or 2 the procurement procedure involved a violation of regulation or procedure
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: headspace reserves the right to change or update these terms , or any other of our policies or practices , at any time , and will notify users by posting such changed or updated terms on this page .

assistant: Unilateral change
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 closing of the transactions contemplated by this Agreement (“ Closing ”) shall take place upon the satisfaction or waiver of all conditions to the obligations of Buyer and Seller to consummate the transactions contemplated hereby (other than conditions with respect to actions the respective parties will take at the Closing) or such date as the parties may mutually determine (“ Closing Date ”). The Closing and the Transfer will be effective as of 11:59 p.m. on the Closing Date (“ Effective Time ”). Buyer and Seller acknowledge that the Business is presently being managed by Buyer, pursuant to a separate General Management Agreement entered into between Buyer and Seller (“ Management Agreement ”). Seller agrees that the Closing may be postponed and that Buyer’s management of the Business under the Management Agreement may continue until the Closing, at Buyer’s discretion, in order for Buyer to obtain the Existing Permits in its name prior to the Closing. Buyer shall diligently pursue obtaining the Existing Permits.

assistant: Closings
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: Area School District, 882 F.2d 720 (3rd Cir.1989) “state officials may [not] escape liability arising from their policies maintained in deliberate indifference to actions taken by their subordinates”. 882 F.2d at 725. In addition, we noted that a municipality may be liable under § 1983 “where its policymakers made a ‘deliberate choice to follow a course of action from among various alternatives’.” Id. (Citations omitted.) Here, the deliberate choice made by the Freeholders could be considered that of doing nothing. The district court found that Ryan possessed a third right of being housed in a “reasonably safe prison environment.” Ryan III, 708 F.Supp. at 626. The court based this right on our decision in Stoneking v. Bradford Area School District, 856 F.2d 594, n. 14 (3d Cir.1988) (<HOLDING>), vacated sub. nom. Smith v. Stoneking, — U.S. Options: A. holding a business owner must protect invitees against injury caused by third persons B. recognizing that by 1979 state officials had duty to protect institutionalized persons from selfinjury or assault C. holding a business owes a duty to protect invitees from reasonably foreseeable harm by third persons D. holding that walmart was not under a duty to protect a patron from a criminal assault absent prior similar incidents at their facility or in the general area E. holding that a school had no duty to protect pedestrian from student

assistant: The best answer is B. recognizing that by 1979 state officials had duty to protect institutionalized persons from selfinjury or assault
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 an Account of any Loan Party includes a charge for any Taxes, Agent is authorized, in its discretion, after a Default or an Event of Default has occurred and is continuing, to pay the amount thereof to the proper Governmental Authority for the account of such Loan Party and to charge the Loan Party Agent therefor; provided, however, that neither Agent nor Lenders shall be liable for any Taxes that may be due from the Loan Parties or with respect to any Collateral.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: linden lab hereby grants you a nonexclusive , non-transferable , non-sublicensable , limited , personal and revocable license to install and use the object code of the software on any internet device that you own or control .

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: standard has been met in this case, I would vacate the district court’s order and remand with instructions to reconsider the balance of the public and private interests consistent with this opinion. Accordingly, I respectfully dissent. 1 . This sentence represents the entirety of the state court’s factual findings regarding the parties' private interests in this case. As discussed infra, however, the district court described these findings differently in its order. 2 . Plaintiffs' interest in being present for trial is a private interest weighing in favor of ' Plaintiffs' choice of forum which should be considered separate and apart from the issue of whether Guatemala provides an adequate forum. See Mujica v. Occidental Petroleum Corp., 381 F.Supp.2d 1134, 1150 (C.D.Cal.2005) (<HOLDING>); Sarei v. Rio Tinto PLC, 221 F.Supp.2d 1116, Options: A. holding plaintiffs are not deprived of a liberty interest because they cannot have the best job in their field B. holding that only relevant factors must be considered C. holding that the plaintiffs first amendment retaliation claims are deficient because in each case the incidents upon which plaintiffs base their pleadings concerned personal grievances expressed as employees generally relating to their official duties work schedules working conditions or employer administrative policies and internal operations rather than to any matters of public concern raised by plaintiffs as private citizens D. holding that because plaintiffs would be able to file their case in colombia plaintiffs concerns as to their safety are more appropriately considered in the private interest factors analysis E. holding banks that bought securities on behalf of their clients had sufficient interest in the case to serve as lead plaintiffs

assistant: The best answer is D. holding that because plaintiffs would be able to file their case in colombia plaintiffs concerns as to their safety are more appropriately considered in the private interest factors analysis
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 any Terms Agreement may be executed by any one or more of the parties hereto and thereto in any number of counterparts, each of which shall be deemed to be an original, but all such respective counterparts shall together constitute one and the same instrument. This Agreement and any Terms Agreement may be delivered by any party by facsimile or other electronic transmission.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Subject to any limitations that are required to preserve any applicable attorney-client privilege, from the execution of the Term Sheet between the Parties through the Closing Date, each party has furnished or caused to be furnished to the other party, its counsel and accountants, upon reasonable request during normal business hours, the information and assistance relating to such party or its business (including, the cooperation of officers and employees and reasonable access to books, records and other data and the right to make copies and extracts therefrom) as is reasonably necessary to: (i) facilitate the preparation for or the prosecution, defense or disposition of any proceeding (other than one by or on behalf of one party to this Agreement against another party); (ii) prepare and file any other documents required by Governmental Authority, and (iii) perform all necessary due diligence in order to satisfy each party relating to the terms of this Agreement and the covenants set forth herein.

assistant: Records