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: The Company shall promptly reimburse the Investor for its legal fees and expenses in connection with the preparation and negotiation of this Agreement and transactions contemplated thereby (the “ Investor Counsel Expense ”). The Investor Counsel Expense shall be paid by the Company whether or not the transactions contemplated by this Agreement are consummated. Except as otherwise set forth above, each party to this Agreement shall pay the fees and expenses of its advisers, counsel, accountants and other experts, if any, and all other expenses incurred by such party incident to the negotiation, preparation, execution, delivery and performance of this Agreement.

assistant: Fees
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 Company has good and marketable title to all its property reflected on the Current Financials (except for property that is obsolete or that has been disposed in the ordinary course of business or, after the date of this Agreement, as otherwise permitted by Section 9.10 or Section 9.11 ). The execution, delivery, performance, or observance of the Loan Papers will not require or result in the creation of any Lien (other than Lender Liens) on any Company’s property, and no Lien exists on any property of any Company except for Permitted Liens.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Note shall be governed by and construed in accordance with the laws of the State of Florida without regard to principles of conflicts of laws. Any action brought by either party against the other concerning the transactions contemplated by this Note shall be brought only in the state courts of Florida or in the federal courts located in the state of Florida. The parties to this Note hereby irrevocably waive any objection to jurisdiction and venue of any action instituted hereunder and shall not assert any defense based on lack of jurisdiction or venue or based upon forum non conveniens. The Borrower and Holder waive trial by jury. The prevailing party shall be entitled to recover from the other party its reasonable attorney's fees and costs. In the event that any provision of this Note or any other agreement delivered in connection herewith is invalid or unenforceable under any applicable statute or rule of law, then such provision shall be deemed inoperative to the extent that it may conflict therewith and shall be deemed modified to conform with such statute or rule of law. Any such provision which may prove invalid or unenforceable under any law shall not affect the validity or enforceability of any other provision of any agreement. Each party hereby irrevocably waives personal service of process and consents to process being served in any suit, action or proceeding in connection with this Agreement or any other Transaction Document by mailing a copy thereof via registered or certified mail or overnight delivery (with evidence of delivery) to such party at the address in effect for notices to it under this Agreement and agrees that such service shall constitute good and sufficient service of process and notice thereof. Nothing contained herein shall be deemed to limit in any way any right to serve process in any other manner permitted by law.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: thirty-four years of age. Although the judge indicated in his findings that he considered the duration of the marriage in determining that permanent alimony was warranted, the court failed to fully articulate why a relatively short marital life required an award of permanent alimony rather than an award of rehabilitative alimony. This is particularly important in cases in which the alimony recipient is of a relatively young age. A younger divorcee has a better opportunity to obtain employment than does an older individual who had been married and out of the work force for many years. See Capodanno v. Capodanno, 58 N.J. 113,119-120, 275 A.2d 441 (1971); Skribner v. Skribner, 153 N.J.Super. 374, 376, 379 A.2d 1044 (Ch.Div.1977). Cf. Lynn v. Lynn, 91 N.J. 510, 517-518, 453 A.2d 539 (1982) (<HOLDING>). Our criticism should not be construed as Options: A. holding that first husband had no knowledge of his exwifes second marriage until four days before the second marriage was annulled so he was not inconvenienced and alimony was reinstated B. holding that for 9year marriage where wife was 29years old and able to be selfsufficient rehabilitative alimony should have been awarded reversing permanent periodic alimony as inappropriate C. holding that length of marriage and the proper amount or duration of alimony do not correlate in any mathematical formula D. holding that the law to be applied in determining the validity of an outofstate marriage is the law of the state in which the marriage occurred E. recognizing that basis for deportation was aliens misrepresentation about his marriage not the validity of his marriage

assistant: The best answer is C. holding that length of marriage and the proper amount or duration of alimony do not correlate in any mathematical formula
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 doctrine of adverse domination. Depending on the jurisdiction, the doctrine of adverse domination was “applied either to delay the accrual of a cause of action, or to toll limitations....” Id. at 339, 635 A.2d 394 (internal citations omitted). According to the Court, “the principles of adverse domination are more logically applied to determine accrual of a claim.” Id. at 345, 635 A.2d 394. It reasoned: “The doctrine is premised upon the understanding that knowledge of a claim by defendant directors cannot reasonably be imputed to the corporation.” Id. Yet, the Court also observed: “[W]here the legislature has not provided guidance, it has been left to the Court to define the process for determining accrual.” Id. See also Furst v. Isom, 85 Md.App. 407, 420, 584 A.2d 108 (1991) (<HOLDING>). To be sure, there are competing policy Options: A. holding that the plaintiffs claims under 22a452 were barred by the statute of limitations but declining to decide which statute to apply B. holding that the statute of limitations defense does not deprive court of subject matter jurisdiction to the extent the statute of limitations may be considered in any sense a jurisdictional impediment it is one which can be waived C. holding it is the payment and not the request which triggers the statute D. recognizing that the enactment of a savings statute is a decision which rests solely with the legislature permitting plaintiffs to pursue action that had a technical defect which was not timely corrected because they relied on the ruling of an authorized decision maker and carving out a narrow exception to avoid allowing statute of limitations to be used as a shield under circumstances in which it is clearly unjust and does not effectuate the purpose the statute is designed to vindicate E. holding a statute of limitations defense does not deprive court of subject matter jurisdiction to the extent the statute of limitations may be considered in any sense a jurisdictional impediment it is one which can be waived

assistant: The best answer is D. recognizing that the enactment of a savings statute is a decision which rests solely with the legislature permitting plaintiffs to pursue action that had a technical defect which was not timely corrected because they relied on the ruling of an authorized decision maker and carving out a narrow exception to avoid allowing statute of limitations to be used as a shield under circumstances in which it is clearly unjust and does not effectuate the purpose the statute is designed to vindicate
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company shall make benefits available to Executive, including, but not limited to, vacation and holidays, sick leave, health insurance, and the like, to the extent and on the terms made available to other similarly situated employees of the Company. This provision does not alter the Company’s right to modify or eliminate any employee benefit and does not guarantee the continuation of any kind or level of benefits. All such benefits shall cease upon the termination of Executive’s employment under this Agreement.

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: Each Party warrants that no promise, inducement, or agreement not expressed herein has been made in connection with this Agreement. This Agreement is an integrated document representing the entire understanding between the Parties with respect to the subject matter of this Agreement. The Parties agree that this Agreement supersedes and supplants all prior or contemporaneous agreements, proposals, or understandings, whether written or oral, between them with respect to the same subject matter.

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: that calls for the exercise of professional judgment (see 12/17/09 Tr. at 103; Defs.’ Mem. at 33 (“no credible argument can be made that there is a systemic lack of professional judgment exercised by treating professionals in the IDD system”)), that proposition is not supported by Youngberg. Youngberg expressly states that a court must “make certain that professional judgment in fact was exercised ” in attempting to protect the rights of an involuntarily committed individual. 457 U.S. at 321, 102 S.Ct. 2452 (emphasis added) (quotation omitted). As other courts have recognized, in order for this requirement to have any substance, it cannot be met purely at the systemic level; rather, professional judgments must be implemented in a timely fashion. See, e.g., Thomas S., 902 F.2d at 252 (<HOLDING>); Halderman v. Pennhurst, 901 F.2d 311, 324 (3d Options: A. holding that traditional allocation of burden of proof to the party challenging the decisions applies to decisions under the tca B. holding that district court properly imposed liability because it found that many of the decisions of the treating professionals had not been implemented and found areas in which the decisions of the treating professional substantially departed from accepted standards C. holding that where the alj had already obtained and considered reports from treating physicians the alj had before him a complete medical history and the evidence received from the treating physicians was adequate for him to make a determination as to disability D. holding that remand was not required and that the aljs failure to mention treating physicians opinion was harmless error because the alj adopted the treating physicians recommendations E. holding that sources of public policy include legislation administrative rules regulations or decisions and judicial decisions and in certain instances a professional code of ethics

assistant: The best answer is B. holding that district court properly imposed liability because it found that many of the decisions of the treating professionals had not been implemented and found areas in which the decisions of the treating professional substantially departed from accepted standards
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 any provision of the Plan or any Award is or becomes or is deemed to be invalid, illegal, or unenforceable in any jurisdiction or as to any person or Award, or would disqualify the Plan or any Award under any law deemed applicable by the Committee, such provision shall be construed or deemed amended to conform to the applicable law or, if it cannot be construed or deemed amended without, in the determination of the Committee, materially altering the intent of the Plan or the Award, such provision shall be stricken as to such jurisdiction, person or Award and the remainder of the Plan and any such Award shall remain in full force and effect. If any of the terms or provisions of the Plan or any Award Agreement conflict with the requirements of Rule 16b-3 (as those terms or provisions are applied to Eligible Persons who are subject to Section 16 of the Exchange Act), Section 162(m) (with respect to any Section 162(m) Award) or Section 422 of the Code (with respect to ISOs), then those conflicting terms or provisions shall be deemed inoperative to the extent they so conflict with the requirements of Rule 16b-3 or Section 162(m) (unless the Board or the Committee, as appropriate, has expressly determined that the Plan or such Award should not comply with Rule 16b-3 or Section 162(m)) or Section 422 of the Code, in each case, only to the extent Rule 16b-3 and such sections of the Code are applicable. With respect to ISOs, if the Plan does not contain any provision required to be included herein under Section 422 of the Code, that provision shall be deemed to be incorporated herein with the same force and effect as if that provision had been set out at length herein; provided , further, that, to the extent any Option that is intended to qualify as an ISO cannot so qualify, that Option (to that extent) shall be deemed a Nonstatutory Option for all purposes of the Plan.

assistant: Severability
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: 185, 196 (1st Cir.1999) (requiring plaintiff in suit under PSLRA to plead facts which give rise to a “strong inference” of scien-ter). Lehman’s argument is well taken. The outcome of the SEC action, in combination with the Greebel decision, makes the plaintiffs’ prospects for success rather bleak. See also In re Centennial Technologies Litig., No. 97-10304-REK (D.Mass. Oct.23, 1999) Practice and Procedure Order No. 8 at 2-3 (allowing Lehman’s motion to dismiss in a related class action because plaintiffs failed to meet pleading requirements on scienter required by the PSLRA). Indeed, the court in Jones Motor discouraged courts from allowing “a party sensing an adverse court decision a second chance in another forum.” Jones Motor, 671 F.2d at 43; see also Morales Rivera, 418 F.2d at 726 (<HOLDING>). Moreover, “[ajrbitration clauses were not Options: A. holding that plaintiffs suddenly discovered affection for arbitration came too late when the claim was made after the action was dismissed with prejudice for failure to prosecute B. holding that when an action is dismissed without prejudice because of a failure to prosecute the interruption in the running of the statute is considered as never having occurred C. holding that a defendant homeowners association was the prevailing party for purposes of attorneys fees when a plaintiff homeowners action was dismissed for failure to prosecute D. holding defendant still considered successful party under ars 1234101a where there was no adjudication on the merits as action was dismissed without prejudice for failure to prosecute E. holding that the defendant became the prevailing party and thus properly claimed attorneys fees when the plaintiffs claim was involuntarily dismissed for failure to prosecute

assistant: The best answer is A. holding that plaintiffs suddenly discovered affection for arbitration came too late when the claim was made after the action was dismissed with prejudice for failure to prosecute
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: jeopardized the fairness of the trial or in any way materially impaired or prejudiced the judicial power of the court”). The People offer an additional argument about how Kendall’s opinion prejudiced the Ford case. According to the People, Kendall “deliberately contaminated the jury pool” by “publicly argufing] that the People lacked sufficient evidence to convict the Ford defendants,” directly resulting in Paris’s acquittal. People’s Br. at 19. This is pure conjecture, and as conjecture it is belied by the fact that Judge Carroll was ultimately able to select an impartial jury for Ford’s trial. More importantly, the Virgin Islands Supreme Court did not rely on this theory in convicting Kendall. Nor can we. Turner v. Louisiana, 379 U.S. 466, 472-73, 85 S.Ct. 546, 13 L.Ed.2d 424 (1965) (<HOLDING>); TXO Prod. Corp. v. Alliance Res. Corp., 509 Options: A. holding that the sixth amendments guarantee of a trial by jury requires the jury to base its verdict only on the evidence presented at trial B. holding that the constitutional guarantee of a right to trial by jury includes the right to a complete and correct charge of the law so that each issue of fact raised by the evidence will be submitted to the jury on proper instructions C. holding that the sixth amendments guarantee of the assistance of counsel is made obligatory upon the states by the fourteenth amendment D. holding that judge found sentence enhancements mandatorily imposed under the guidelines that result in a sentence greater than that authorized by the jury verdict or facts admitted by the defendant violate the sixth amendments guarantee of the right to trial by jury E. holding that it is wellsettled that the sixth and fourteenth amendments of the united states constitution guarantee a defendant on trial for his life the right to an impartial jury

assistant: The best answer is A. holding that the sixth amendments guarantee of a trial by jury requires the jury to base its verdict only on the evidence presented at trial
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: testified that defendant was not suffering from a mental disease or defect. Defendant’s personality traits, which Dr. Kull said did not amount to a disease or defect that should excuse or mitigate his conduct, were immaterial to the case, or at least of only minimal materiality, unless a psychiatric evaluation of the trustworthiness of a witness’s testimony is admissible to assist the jury’s weighing of credibility. State v. J.Q., supra, 252 N.J.Super. at 39, 599 A.2d 172 (credibility is an issue reserved exclusively for the jury); United States v. Whitted, 11 F.3d 782, 785-87 (8th Cir.1993). Assuming arguendo that such a psychological evaluation of the credibility of a witness would ever be admissible, it surely could not be admitted without a substantia 15 A.2d 1260 (App.Div.1986) (<HOLDING>). Dr. Kull’s testimony acquainted the jury with Options: A. holding that a limiting instruction is required where evidence of a prior conviction is admitted over objection B. holding defendant who failed to request limiting instruction concerning use of extraneous offenses at the moment the evidence was admitted was not entitled to limiting instructions in jury charge C. holding that trial court is not required to give limiting instruction when defendant did not object at first opportunity because evidence admitted for all purposes D. holding improperly admitted testimony was cumulative to the other properly admitted evidence and was therefore harmless E. holding that despite limiting instruction letter written by murder victim shortly before his death was improperly admitted

assistant: The best answer is E. holding that despite limiting instruction letter written by murder victim shortly before his death was improperly admitted
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Closing shall take place at the offices of Proskauer Rose LLP, 2049 Century Park East, Suite 3200, Los Angeles, CA 90067 at 10:00 a.m. (local time) on the date hereof, subject to the satisfaction or, to the extent permitted, waiver of the conditions set forth in ARTICLE V (other than those conditions that require delivery of a document or certificate or the taking of an action at the Closing, but subject to the satisfaction or, to the extent permitted, waiver of those conditions at the Closing), or such other date or at such other time or place as the parties may mutually agree in writing.

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: a person on bail or after he has deposited money in escrow). This argument overlooks the fact that this statutory provision obviously applies to instances where the person attached under the writ wishes to pay his child support obligation (i.e., the “bail”) so as to avoid sitting in jail awaiting for a court appear-anee. After a court appearance, a person sitting in jail would either be serving a sentence for contempt, or subject to release by the payment of a court ordered amount of child support arrearage. Furthermore, while Indiana Code § 34-4-9-2.1(b)(2) required the writ of attachment to state the amount of Johnson’s bail or escrow, no amount appears on the writ, and thus, the writ was apparently invalid under Indiana law. See Leshore v. Indiana, 739 N.E.2d 1075, 1078-79 (2000)(<HOLDING>). Therefore, the upshot of all this is that Options: A. holding that a plaintiff cannot rely on factual events that take place subsequent to a banks closure to support its claimed ownership of escrow funds B. holding that the burden is on the plaintiff C. holding that an in dictment valid on its face is not subject to challenge on the ground that the grand jury acted on the basis of inadequate or incompetent evidence D. holding that a writ that failed to fix an amount of bail or escrow was invalid on its face meaning that the sheriff had no jurisdiction to detain the plaintiff based on that writ E. holding that a bank is entitled to rely on its deposit agreement when responding to a writ of garnishment

assistant: The best answer is D. holding that a writ that failed to fix an amount of bail or escrow was invalid on its face meaning that the sheriff had no jurisdiction to detain the plaintiff based on that writ
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: when considering a motion for summary judgment, if the responding party brings forth any evidence that supports a reasonable construction of the intent of the testatrix which differs from that urged by the movant, summary judgment is inappropriate. Here, the term “my real property ... in ... Prue Road” could reasonably refer to the land alone. But, in light of the extrinsic evidence offered, it is just as reasonable to construe this phrase as that bundle of assets that comprised a long-time, ongoing family business investment. The extrinsic evidence offered here did not contradict any language in the will, nor did it refer to something outside of or independent of the words used in the will. See Najvar v. Vasek, 564 S.W.2d 202, 206 (Tex.Civ.App.—Corpus Christi 1978, writ ref'd n.r.e.) (<HOLDING>). Rather, the affidavits and historical Options: A. holding that court may not use extrinsic evidence unless contract language is ambiguous B. holding that extrinsic evidence of the parties course of conduct may be considered where the contract language is ambiguous C. holding that if statutory language is plain and unambiguous this court will not look beyond the same to divine legislative intent D. holding extrinsic evidence contradicting language in will inadmissible when will is unambiguous E. holding that when a contract is unambiguous the court will enforce the plain meaning of the contract as the intention of the parties

assistant: The best answer is D. holding extrinsic evidence contradicting language in will inadmissible when will is unambiguous
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: (i) Restricted Shares comprised in a Restricted Share Award awarded to a Participant shall be subject to the following restrictions until the expiration of the Restricted Period and the attainment of any other vesting criteria established by the Committee, and to such other terms and conditions as may be set forth in the applicable Restricted Share Agreement: (A) the Participant shall not be entitled to delivery of the share certificate; (B) the Restricted Shares shall be subject to the restrictions on transferability set forth in the Restricted Share Agreement; (C) the Shares shall be subject to forfeiture to the extent provided in the applicable Restricted Share Award Agreement. In the event of any forfeiture all rights of the Participant to such Restricted Shares and as a shareholder shall terminate without further obligation on the part of the Company.

assistant: Forfeitures
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: tort itself, not the "parties” in the legal sense of the word. 4 . Executive Jet Aviation v. City of Cleveland, 409 U.S. 249, 255, 93 S.Ct. 493, 498, 34 L.Ed.2d 454, 1973 A.M.C. 1 (1972). 5 . 485 F.2d 520, 525, 1973 A.M.C. 2478 (5th Cir.1973), cert. denied, Chicot Land Co. v. Kelly, 416 U.S. 969, 94 S.Ct. 1991, 40 L.Ed.2d 558 (1974). 6 . Kelly, 485 F.2d at 524. 7 . See n. 3, supra. 8 . 409 U.S. at 261, 93 S.Ct. at 501, 34 L.Ed.2d at 463. 9 . 409 U.S. at 268, 93 S.Ct. at 504, 34 L.Ed.2d at 467. 10 . 409 U.S. at 274, 93 S.Ct. at 507, 34 L.Ed.2d at 471. 11 . This fortuity has led to the development of often subtle nuances in the determination of whether a particular claim, or part of a claim, may be characterized as maritime. Compare Smith v. Pan Air Corp., 684 F.2d 1102 (5th Cir.1982) (<HOLDING>) with Barger v. Petroleum Helicopters, Inc., Options: A. holding that admiralty jurisdiction extends to maritime insurance contracts B. holding the loss of a helicopter in the gulf of mexico within the admiralty jurisdiction C. holding that a complaint that asserts both admiralty jurisdiction and diversity jurisdiction is not an adequate 9h designation to trigger admiralty procedures D. holding that courts apply substantive admiralty law to claims that sound in admiralty regardless of whether the complaint invokes diversity or admiralty jurisdiction E. holding maritime claims did not lie for death of a helicopter pilot killed while transporting oil field workers to platforms in the gulf of mexico

assistant: The best answer is B. holding the loss of a helicopter in the gulf of mexico within the admiralty jurisdiction
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: principal place of business. There is no requirement that the “nerve center” be located where the corporation has operations. In fact, in Sabo v. Standard Oil Co., 295 F.2d 893 (7th Cir.1961), the Seventh Circuit cited as examples of how to ascertain a corporation’s principal place of business two cases where other courts had held that the principal place of business was where the executive offices were located rather than the situs of the corporation’s operations. Id. at 894 (citing Burdick v. Dillon, 144 F. 737 (1st Cir.1906) (Massachusetts was principal place of business for a New Jersey corporation whose operations were carried on in New York and Vermont but whose executive offices were in Massachusetts) and Scot Typewriter Co. v. Underwood Corp., 170 F.Supp. 862 (D.N.Y.1959) (<HOLDING>)). In Sabo, the Seventh Circuit held that the Options: A. holding that even though lehman banks executive officers were in new york and its board of directors met exclusively in new york lehman bank had its principal office in delaware rather than new york because the term principal office is a term of art B. holding that if a domestic corporations principal place of business is abroad the foreign principal place of business cannot be considered for diversity jurisdiction purposes C. holding that a corporations principal place of business for determining diversity jurisdiction under 28 usc 1332c1 is the nerve center meaning the corporations headquarters or the place where a corporations officers direct control and coordinate the corporations activities D. holding that a corporation is fairly regarded at home and so amenable to personal jurisdiction for suits relating to all of its activities including those outside the forum in its principal place of business and place of incorporation E. holding corporations principal place of business was new york where its executive offices were located rather than connecticut the situs of its largest plant as well as of research and operational activities

assistant: The best answer is E. holding corporations principal place of business was new york where its executive offices were located rather than connecticut the situs of its largest plant as well as of research and operational activities
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 appellant’s Fifth Amendment right to due process and whether the delay warranted some form of relief. Id. 25 . Id. at 102 (deriving these factors from the Supreme Court’s speedy trial analysis in Barker v. Wingo, 407 U.S. 514, 530, 92 S.Ct. 2182, 33 L.Ed.2d 101 (1972)). 26 . 63 M.J. at 136. 27 . It is also noteworthy that it took 1,179 days (approximately three years, two months) for the briefs to be filed after the Court of C 59 M.J. 34, 39-40 (C.A.A.F.2003). 33 . Moreno, 63 M.J. at 138-39. 34 . Dearing, 63 M.J. at 485; Moreno, 63 M.J. at 140. 35 . The Government's motions to file the declarations of Commander S.D. Rhoades and Mr. Robert Troidl are granted, and we have considered the contents of those declarations. 36 . United States v. Toohey, 63 M.J. 353, 362 (C.A.A.F.2006) (<HOLDING>); United States v. Harvey, 64 M.J. 13, 24-25 Options: A. recognizing that counsels conduct may be so egregious that no amount of showing of want of prejudice would cure it B. recognizing that plain error exists only if failure to recognize the error would seriously affect the fairness or integrity of the judicial proceedings and that the plainerror doctrine is to be used sparingly solely in those circumstances in which a miscarriage of justice would otherwise result internal quotation marks omitted C. holding that if trial courts verdict was based on hearsay statements of victim admitted in violation of the confrontation clause the error clearly would not only affect substantial rights but would seriously affect the fairness and integrity of the proceedings D. holding that a tenmonth delay did not bar the motion where there was no demonstration of prejudice and because disqualification is in the public interest where there is an ethical violation E. holding that where there is no finding of barker prejudice we will find a due process violation only when in balancing the other three factors the delay is so egregious that tolerating it would adversely affect the publics perception of the fairness and integrity of the military justice system

assistant: The best answer is E. holding that where there is no finding of barker prejudice we will find a due process violation only when in balancing the other three factors the delay is so egregious that tolerating it would adversely affect the publics perception of the fairness and integrity of the military justice system
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: opportunity to view the defendant); Lewisohn v. State, 433 A.2d 351, 355 (Me.1981) (concluding, in hab .2d 517, 522-23 (App.1982) (concluding, in a personal injury action arising from a fall at a roller skating rink, that the trial court properly admitted testimony of two lay witnesses, who 'were experienced skaters present on the night of the accident, regarding safety procedures used by the defendant on the night of the accident); Lee v. State, 661 P.2d 1345, 1354-55 (Okla.Crim.App.1983) (concluding that an investigating police officer could testify that spots on a carpet were blood, and that a chemist, testifying on other matters, could offer a lay opinion that the type of glass found at a murder location was safety glass); Williamson v. O’Neill, 696 S.W.2d 431 (Tex.Ct.App.1985) (<HOLDING>). 11 . For example, in United States v. Myers, Options: A. holding section 3877160 clearly limits the amount of coverage which may be stacked from policies on vehicles not involved in the accident to an amount no greater than the coverage of the vehicle involved in that accident B. holding that an insureds personal belief that he was not liable for an accident provided no basis for submitting the question of the reasonableness of his delay in notification to a jury when the insured knew the day after the accident that it had been claimed that the cable he had installed had caused the accident C. holding a limitation on damages arising out of bodily injury to one person involved in an accident applies to all claims arising from the death of that person D. holding that probable cause was clearly present justifying the taking of a blood sample without the defendants consent when it was established that the defendant was involved in an automobile accident and the police noticed liquor on his breath at the scene of the accident and at the hospital E. holding that the driver of a tractortrailer rig a codefendant in a personal injury lawsuit arising froman autotruck accident was uniquely qualified as the experienced driver of the rig involved in the accident to offer a lay opinion as to the reason the trailer separated from the tractor since his opinion would be rationally based on his firsthand perceptions of the accident and would help determine causation

assistant: The best answer is E. holding that the driver of a tractortrailer rig a codefendant in a personal injury lawsuit arising froman autotruck accident was uniquely qualified as the experienced driver of the rig involved in the accident to offer a lay opinion as to the reason the trailer separated from the tractor since his opinion would be rationally based on his firsthand perceptions of the accident and would help determine causation
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: 652, 85 S.Ct. 614, 616, 13 L.Ed.2d 580, 583 (1965). They submit, however, that they did attempt to use the grievance procedure but were unsuccessful in their efforts because the union effectively refused to pursue a grievance for them. They conclude, therefore, that their claims are excepted from the requirement of exhaustion. In Vaca v. Sipes, 386 U.S. 171, 184-85, 87 S.Ct. 903, 913-14, 17 L.Ed.2d 842 (1967), the Supreme Court identified a number of exceptions to the exhaustion requirement of § 301, including an exception for cases in which “the employee-plaintiff has been prevented from exhausting his contractual remedies by the union’s wrongful refusal to process the grievance.” Id. at 185, 87 S.Ct. at 914. See also Rabalais v. Dresser Indus., Inc., 566 F.2d 518, 519 (5th Cir.1978) (<HOLDING>). Plaintiffs argue that because they attempted Options: A. recognizing exception to exhaustion requirement where the union wrongfully refuses to process the employees grievance thus violating its duty of fair representation B. recognizing limited exception to general rule when insurer wrongfully refuses to defend its insured C. holding that where employee cannot establish unions breach of duty of fair representation in failing to process grievance he must abide the outcome of the contractual remedies D. holding that where an employee has never requested the union to file a grievance the employee can hardly argue a breach of the duty of fair representation on the unions part E. recognizing that issue exhaustion requirement and requirement exhaustion of remedies are different

assistant: The best answer is A. recognizing exception to exhaustion requirement where the union wrongfully refuses to process the employees grievance thus violating its duty of fair representation
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: (1986), it explicitly did so only prospectively. See id., 42 Cal.3d at 388, 228 Cal.Rptr. at 905-06, 722 P.2d at 179-180. Galindo’s trial was held in early-December of 1984, a year-and-a-half before Collins. Thus, as the California court of appeals held on Galindo’s direct appeal, California’s Luce-type rule does not apply retroactively to Galindo’s case. Because at the time of his trial Galindo “was not required to testify in order to preserve for appeal a claim of improper impeachment by prior conviction,” it would be “intolerable” and “fundamentally] [un]fair” to apply a Luce-type rule to his appeal. Id. More important, we are bound by the state court’s determination that state law permits Galindo to appeal the impeachment issue. See Zal v. Steppe, 968 F.2d 924, 927 (9th Cir.1992) (<HOLDING>). Luce (or a Luce-type rule) therefore does not Options: A. holding the rule that an accused has a right to counsel at any critical confrontation announced in united states v wade 388 us 218 87 sct 1926 18 led2d 1149 and gilbert v california 388 us 263 87 sct 1951 18 led2d 1178 not to be retroactive B. holding that bjecause there has never been a definitive statement by the united states supreme court clarifying the recognized ambiguity in cooper v california 386 us 58 87 sct 788 17 led2d 730 1967 we are free to adopt our own view of its holding unconstrained by opinions of federal courts of appeal C. holding that the blakely rule does not apply retroactively on collateral review and cannot authorize a successive habeas petition D. holding that although walker v birmingham 388 us 307 87 sct 1824 18 led2d 1210 1967 upheld a rule that barred collateral challenges of contempt citations appellant nevertheless could challenge his contempt citation on habeas because california elected not to adopt a collateral bar rule E. holding that errors of federal constitutional dimension occurring at the penalty phase of a capital trial are generally subject to harmlesserror review under the beyondareasonabledoubt test of chapman v california 1967 386 us 18 24 17 led2d 705 710711 87 sct 824 24 alr3d 1065

assistant: The best answer is D. holding that although walker v birmingham 388 us 307 87 sct 1824 18 led2d 1210 1967 upheld a rule that barred collateral challenges of contempt citations appellant nevertheless could challenge his contempt citation on habeas because california elected not to adopt a collateral bar rule
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: id., cmt. See also 2k Charles Alan Wright & Arthur R. Miller, Federal Practice and Procedure § 407 (3d ed. 2000) ("[I]t is improper to put a witness on the stand merely to have him exercise before the jury his privilege against self-incrimination. ’'). 25 . We note, however, that Simons may not have been able to predict that the trial court would have permitted introduction of this evidence. In New York, motive is not an element of murder, see People v. Caban, 5 N.Y.3d 143, 2005 WL 1397044, at *5 (June 14, 2005); People v. Marin, 65 N.Y.2d 741, 745, 492 N.Y.S.2d 16, 481 N.E.2d 556 (1985), and evidence "[t]hat a third party may have borne animus towards the victim, standing alone, does little to establish that the third party committed the crime,” Wade v. Ma .2d 896 (2d Dep't 1992) (<HOLDING>). At the district court, the Superintendent Options: A. holding that robbery under california law categorically qualified as a crime involving moral turpitude and noting precedent in this and other circuits that theft crimes are crimes involving moral turpitude B. holding that the double jeopardy clause was not violated by two convictions arising from the same criminal episode because the crimes of attempted burglary and possession of burglary tools each had an element the other did not and were thus separate crimes C. holding intoxication is only a defense to specific intent crimes and not general intent crimes D. holding in case involving the assault robbery and attempted murder of a taxi driver that no clear link existed between the crimes and an individual accused of similar crimes in the same area and rumored to be the true culprit E. holding that under the crimes code conspiracy and the completed substantive offense are separate crimes

assistant: The best answer is D. holding in case involving the assault robbery and attempted murder of a taxi driver that no clear link existed between the crimes and an individual accused of similar crimes in the same area and rumored to be the true culprit
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: For each Plan Year, the Base Salary portion of the Annual Deferral Amount shall be withheld from each regularly scheduled Base Salary payroll in equal amounts, as adjusted from time to time for increases and decreases in Base Salary. The Bonus and Commissions portion of the Annual Deferral Amount shall be withheld at the time the Bonus and Commissions would be paid to the Participant, whether or not this occurs during the Plan Year itself. Annual Deferral Amounts shall be credited to a Participant’s Deferral Account.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Neither Parent nor the Borrower will, nor will the Borrower permit any Restricted Subsidiary to, directly or indirectly, pay any funds to or for the account of, make any investment in, lease, sell, transfer or otherwise dispose of any assets, tangible or intangible, to, or participate in, or effect, any transaction with, any Affiliate (other than Parent, the Borrower or a Restricted Subsidiary) unless such transaction is on terms and conditions reasonably fair to Parent, the Borrower or such Restricted Subsidiary in the good faith judgment of the Borrower or Parent; provided that the foregoing provisions of this Section 5.11 shall not prohibit Parent, the Borrower and each Restricted Subsidiary from (i) declaring or making any lawful distribution so long as, after giving effect thereto, no Default or Event of Default shall have occurred and be continuing or result therefrom, (ii) issuing and maintaining letters of credit, guaranties and sureties as contingent obligations on behalf of Affiliates, (iii) making any Permitted MLP Asset Transfer, (iv) the payment of funds and making of capital contributions, loans and other transfers of money to Affiliates or to other Persons on behalf of such Affiliates, including payments made under letters of credit, guaranties and surety bonds issued and maintained on behalf of Affiliates, provided that the aggregate amount for all such payments and transfers referred to in this clause (iv) does not exceed $500,000,000 at any time outstanding (calculated at such time after giving effect to any repayments to the Borrower by, or on behalf of, such Affiliates for any such payment of funds and making of capital contributions, loans and other transfers of money) or (v) any transaction permitted by Section 5.09(a) or by either of the parenthetical provisions in Section 5.09(b) .

assistant: Transactions With Affiliates
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 Purchase Agreement, as amended by this Amendment, constitutes the full and complete agreement and understanding between Seller and ArchCo and shall supersede all prior communications, representations, understandings or agreements, if any, whether oral or written, concerning the subject matter contained in the Purchase Agreement, as so amended, and no provision of the Purchase Agreement, as so amended, may be modified, amended, waived or discharged, in whole or in part, except by a written instrument executed by Seller and ArchCo.

assistant: Entire Agreements