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: 496 F.3d 268, 273 (2d Cir.2007); Chuilu Liu v. Holder, 575 F.3d 193, 198 n. 5 (2d Cir.2009). Contrary to Wu’s argument, the agency does not first need to identify the particular pieces of missing, relevant evidence, and show that this evidence was reasonably available to the applicant, before relying on a lack of corroboration to support an adverse credibility finding. See Xiao Ji Chen v. U.S. Dep’t of Justice, 471 F.3d 315, 341 (2d Cir.2006). Moreover, the agency did not err in declining to give significant weight to the statements Wu provided from his family and friends. See id. at 342 (the weight afforded to an applicant’s evidence in immigration proceedings lies largely within the discretion of the agency). Given Wu’s inconsistencies, demeanor, and lack of corroboratio d Cir.2008) (<HOLDING>). For the foregoing reasons, the petition for Options: A. holding that absent a pattern of persecution linked to the applicant persecution of family members is insufficient to demonstrate a wellfounded fear of persecution B. holding that absent past persecution an alien can demonstrate eligibility for asylum based on a wellfounded fear of future persecution by demonstrating that he or she subjectively fears persecution and that this fear is objectively reasonable C. holding that to establish asylum eligibility based on future persecution an applicant must show that he or she subjectively fears persecution and that this fear is objectively reasonable D. holding that a showing of past persecution creates a rebuttable presumption of future persecution E. holding that to show an objectively reasonable fear of future persecution an applicant must establish that he would be singled out for persecution or that there was a pattern or practice of persecution of similarlysituated individuals

assistant: The best answer is E. holding that to show an objectively reasonable fear of future persecution an applicant must establish that he would be singled out for persecution or that there was a pattern or practice of persecution of similarlysituated individuals
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: must be left with a “definite and firm conviction that a mistake has been committed.” Moore, 265 S.W.3d at 78 (quoting Goldberg v. State, 95 S.W.3d 345, 385 (Tex.App.-Houston [1st Dist.] 2002, pet. ref'd)). Appellate courts must give great deference to credibility and demeanor determinations made by the trial court in connection with a Batson inquiry. Snyder, 552 U.S. at 477-79, 128 S.Ct. at 1208 (observing that “the best evidence of discriminatory intent often will be the demeanor of the attorney who exercises the challenge”). We may not substitute our opinion for the trial court’s factual assessment of the neutrality of the prosecutor’s explanation for exercising strikes. Gibson v. State, 144 S.W.3d 530, 534 n. 5 (Tex.Crim.App.2004); see Snyder, 552 U.S. at 477-79, 128 S.Ct. at 1208 (<HOLDING>). We view the evidence in the light most Options: A. holding in the absence of exceptional circumstances deference should be given to trial court B. holding that such a threat would not supply exceptional circumstances C. holding claims raised for first time on appeal will not be considered absent exceptional circumstances D. holding that a trial courts statutory interpretation is given no deference on review E. holding the court should only apply the doctrine narrowly and only under exceptional circumstances

assistant: The best answer is A. holding in the absence of exceptional circumstances deference should be given to trial court
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall be binding upon you, your heirs, executors and personal representatives and upon Tyson, its successors and assigns. You acknowledge that the services to be rendered by you are unique and personal. You may not assign, transfer or pledge your rights or delegate your duties or obligations under this Agreement, in whole or in part, without first obtaining the written consent of Tyson's General Counsel or Chief Human Resources Officer.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: See id. We lack jurisdiction to review the agency’s discretionary determination that Sosa failed to show exceptional and extremely unusual hardship to a qualifying relative. See Romero-Torres v. Ashcroft, 327 F.3d 887, 890 (9th Cir.2003). Sosa’s contention that the agency deprived him of due process by misapplying the law to the facts of his case and by disregarding their evidence of hardship is not supported by the record and does not amount to a colorable constitutional claim. See Martinez-Rosas v. Gonzales, 424 F.3d 926, 930 (9th Cir. 2005) (“traditional abuse of discretion challenges recast as alleged due process violations do not constitute colorable constitutional claims that would invoke our jurisdiction.”); see also Sanchez-Cruz v. INS, 255 F.3d 775, 779 (9th Cir.2001) (<HOLDING>). PETITION FOR REVIEW DENIED in part and Options: A. holding that misapplication of career offender enhancement in light of intervening case law not a miscarriage of justice because guideline range still within statutory maximum authorized B. holding that whether consent was valid under the fourth amendment is a question of law to be reviewed de novo C. holding that a factual sufficiency complaint in a parental termination case may be reviewed even though it was not preserved in the trial court D. holding that the misapplication of case law may not be reviewed E. holding that a sufficiency challenge must be preserved in the trial court in a parental termination case to be reviewed on appeal

assistant: The best answer is D. holding that the misapplication of case law may not be reviewed
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: at the close of the preliminary hearing that the court "has sufficient information based on the preliminary hearing to indicate that there's probable cause on Count II," which charged third-degree sexual assault, also a felony. Thus, there is no dispute that Powers was properly bound over for trial on at least one felony. See State v. (John) Williams, 198 Wis. 2d 516, 536, 544 N.W.2d 406 (1996). A prosecutor may include in an information any counts that are "transactionally related to a count on which the defendant is bound over," regardless of whether the State established probable cause at the preliminary hearing to believe that the defendant committed the transactionally related felonies. Id. at 537; see also State v. (Scott) Williams, 198 Wis. 2d 479, 483, 544 N.W.2d 400 (1996) (<HOLDING>). There can be no question that count one of Options: A. holding that a determination of probable cause does not bar a state law malicious prosecution claim where the claim is based on the police officers supplying false information to establish probable cause B. holding that the purpose of a preliminary examination is to determine whether there is probable cause to believe that a crime was committed and whether there is probable cause to believe that the defendant committed it C. holding that in a 1983 action issue of probable cause is for the jury D. holding that there was probable cause for the issuance of a search warrant where the officers corroboration of events that occurred during the controlled buy as set forth in the affidavit provide sufficient probable cause E. holding that the state need only establish probable cause that a felony occurred as to one count in a set of transactionally related counts for there to be a valid bind over on that set and need not establish probable cause that the specific felony alleged in each count was committed

assistant: The best answer is E. holding that the state need only establish probable cause that a felony occurred as to one count in a set of transactionally related counts for there to be a valid bind over on that set and need not establish probable cause that the specific felony alleged in each count was committed
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: 49 . See, e.g., Anastas v. American Sav. Bank (In re Anastas), 94 F.3d 1280, 1285-86 (9th Cir.1996); Feld, 203 B.R. at 367; See also American Express Travel Related Serv. Co, v. Christensen (In re Christensen), 193 B.R. 863, 866 (N.D.Ill.1996); Chevy Chase Bank, FSB (In re Briese), 196 B.R. 440, 448 (Bankr.W.D.Wis.1996). Contra Feld, at 367 n. 1 Walters), 208 B.R. 651, 654-55 (W.D.La.1997); FCC Nat’l Bank v. Etto (In re Etto), 210 B.R. 734, 739-40 (Bankr.N.D.Ohio 1997); AT&T Universal Card Serv. Corp. v. Akdogan (In re Akdogan), 204 B.R. 90, 97 (Bankr.E.D.N.Y.1997) (stating that a creditor must do a credit check or some other circumstances must exist to prove it did not extend credit blindly); Bank One Columbus, N.A. v. McDaniel (In re McDaniel), 202 B.R. 74, 78 (Bankr.N.D.Tex. 1996) (<HOLDING>); AT&T Universal Card Serv. v. Richards (In re Options: A. holding that 523a2a requires justifiable but not reasonable reliance B. holding that in fraud and nondisclosure claims a plaintiff must show actual and justifiable reliance C. holding that a creditor cannot sit back and do nothing and still meet the standard for justifiable reliance when it had an opportunity to make an adequate examination and investigation D. holding standard under section 523a2a is justifiable reliance E. holding no justifiable reliance as a matter of law

assistant: The best answer is C. holding that a creditor cannot sit back and do nothing and still meet the standard for justifiable reliance when it had an opportunity to make an adequate examination and investigation
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: you promise that , with respect to any user content you post on spotify , ( 1 ) you have the right to post such user content , and ( 2 ) such user content , or its use by spotify as contemplated by the agreements , does not violate the agreements , applicable law , or the intellectual property ( including without limitation copyright ) , publicity , personality , or other rights of others or imply any affiliation with or endorsement of you or your user content by spotify or any artist , band , label , entity or individual without express written consent from such individual or entity .

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: Spencer’s paternal grandmother, which resulted in denying the minor child the benefits of access and contact with other members of his extended family. In our view, such findings provide adequate support for the trial court’s initial conclusion that defendant had shown that “a substantial change in circumstance [s]” had occurred during the period following the original custody decree and that the change had affected the welfare of the minor child. In addition to noting that a substantial change in circumstances had adversely affected the welfare of the minor child, the order also includes language indicating that the trial court considered changes in circumstances that could positively affect the circumstances of the minor child. See Pulliam, 348 N.C. at 620, 501 S.E.2d at 900 (<HOLDING>). In finding of fact number nine (finding 9), Options: A. holding the teenage childrens preference to live in fathers home was sufficient evidence to support a change in physical custody in a modification of a split physical custody arrangement even though the party seeking the change failed to demonstrate a change in circumstances B. holding that a subsequent petition may be filed upon a showing of a change in circumstances C. holding interference with visitation of the noncustodial parent that negatively impacts the welfare of the child can constitute a substantial change of circumstances sufficient to warrant a change of custody D. holding that a showing of a change in circumstances that is or is likely to be beneficial to the child may also warrant a change in custody E. holding court cannot change custody without showing that change is in best interests of child

assistant: The best answer is D. holding that a showing of a change in circumstances that is or is likely to be beneficial to the child may also warrant a change in custody
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: Following a Participant’s Date of Termination, Participant agrees to fully cooperate with the Corporation with respect to any past, present or future legal matters that relate to or arise out of the Participant’s employment with the Corporation, subject to reimbursement for actual, appropriate and reasonable out-of-pocket expenses incurred by the Participant.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each of the representations and warranties of the Company in this Agreement and the other Transaction Documents that are qualified by materiality or by reference to any Material Adverse Effect shall be true and correct in all respects, and all other representations and warranties shall be true and correct in all material respects, as of the date when made and as of the Closing Date as though made at that time, except for representations and warranties that are expressly made as of a particular date, which shall be true and correct in all respects as of such date.

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 case excerpt and choose the best holding from the options. Case excerpt: intended that recovery was permissible only when the vehicle was actually in motion, the legislature would not have used a word that implies a process, such as the term “operation.” Moreover, the term “operation” of a motor vehicle occurs in other statutory provisions and in those cases, we have not required that the term “operation” means that the automobile actually be in motion. For example, in the context of the offense of driving under the influence (DUI) 75 Pa.C.S.A. § 3731, to find that a motor vehicle is in operation requires evidence that the driver was in actual physical control of the vehicle, but not that the vehicle was actually “in motion”. Commonwealth v. Wilson, 442 Pa.Super. 521, 660 A.2d 105, 107 (1995). See also Commonwealth v. Wolen, 546 Pa. 448, 685 A.2d 1384 (1996)(<HOLDING>). Indeed, what if a bus driver, while Options: A. holding ada does not require parity between mental and physical disabilities B. holding that ownership or possession or actual control is needed C. holding that the prerequisite of possession under ussg 2d11b1 does not require that one actually use or carry the weapon D. holding authority to control limits duty to control E. recognizing that a finding of actual physical control does not require that car actually is moving

assistant: The best answer is E. recognizing that a finding of actual physical control does not require that car actually is moving
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: § 2254(a) review will often require consideration of legal arguments not addressed by the state court in its opinion. In this case, for example, we must consider the McKaskle question that the state court avoided and, in doing so, we consider the “alternative rationale” advanced by the respondents for affirming the Arizona court’s decision. Nevertheless, even on § 2241 de novo review, we would reject an alternative and unrelated legal argument of the type advanced by the respondent in Van Lynn. As with any de novo review, our § 2241 review is confined to the alleged wrong and the actual course of events at trial and on appeal. We cannot invent a constitutional sequence of events to justify that which simply did not happen. Cf. Hirschfield v. Payne, 420 F.3d 922, 928-29 (9th Cir.2005) (<HOLDING>). Moreover, when the constitutional right Options: A. holding that the boards denial of a motion to reopen is reviewable by the federal courts of appeals B. holding that the courts denial of either a motion to dismiss or a motion for summary judgment is not a final judgment and is not reviewable C. holding that the trial courts denial of appellants motion to enforce settlement agreement constituted an important issue D. holding that appeal from denial of rule 60b motion raised for review only the district courts order of denial and not the underlying judgment itself E. holding that the federal court could not consider under 2254d1 a rationale offered by the state for the trial courts denial of the petitioners motion for selfrepresentation when that rationale would have constituted a discretionary denial of the motion

assistant: The best answer is E. holding that the federal court could not consider under 2254d1 a rationale offered by the state for the trial courts denial of the petitioners motion for selfrepresentation when that rationale would have constituted a discretionary denial of the motion
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Judgment Claim on Remand We now turn to how the trial court should proceed on Monsanto’s declaratory judgment claim on remand. Because the substantive nature of the genuine issues of material fact in Monsanto’s declaratory judgment claim are essentially the same as the substantive nature of the genuine issues of material fact in two of Garst’s breach of contract counterclaims (Counts I and II), on remand Monsanto can assert the issues sought to be declared in its declaratory judgment claim in defense of Counts I and II. As a result, Monsanto has an adequate remedy at law and it cannot maintain its declaratory judgment action on remand. See Preferred Physicians Mutual Management Group, Inc. v. Preferred Physicians Mutual Risk Retention Group, 916 S.W.2d 821, 824 (Mo.App. W.D.1995) (<HOLDING>); Moschenross v. St. Louis County, 188 S.W.3d Options: A. holding that the appellant had an adequate remedy by appeal for his discovery violation allegations B. holding a plaintiff cannot assert a violation of the ecoa as an affirmative defense C. holding that the fourth amendment remedy sought is suppression D. holding in part that the trial court abused its discretion in granting a temporary injunction in the absence of a showing that the plaintiff did not have an adequate remedy at law E. holding that an adequate remedy exists if the plaintiff could assert the issues sought to be declared as a defense in an action brought by the defendant

assistant: The best answer is E. holding that an adequate remedy exists if the plaintiff could assert the issues sought to be declared as a defense in an action brought by the defendant
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Every notice or other communication relating to this Agreement between the Company and the Participant shall be in writing, and shall be mailed to or delivered to the party for whom it is intended at such address as may from time to time be designated by it in a notice mailed or delivered to the other party as provided in this Agreement; provided , that, unless and until some other address be so designated, all notices or communications by the Participant to the Company shall be mailed or delivered to the Company at its principal executive office, to the attention of the Company’s General Counsel, and all notices or communications by the Company to the Participant may be given to the Participant personally or may be mailed to the Participant at the Participant’s last known address, as reflected in the Company’s records. Notwithstanding the above, all notices and communications between the Participant and any third-party plan administrator shall be mailed, delivered, transmitted, or sent in accordance with the procedures established by such third-party plan administrator and communicated to the Participant from time to time.

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 representations and warranties made by Regional Management in the Second Tier Purchase Agreement are hereby remade by Regional Management on each date to which they speak in the Second Tier Purchase Agreement, as if such representations and warranties were set forth herein. For purposes of this subsection, such representations and warranties are incorporated herein by reference as if made by Regional Management to the Administrative Agent and to each of the Secured Parties under the terms hereof mutatis mutandis.

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 case excerpt and choose the best holding from the options. Case excerpt: 995 F.Supp.2d at 52 (termination three days shy of six months after plaintiff lodged complaints does not sustain finding of causation). In the main, plaintiffs retaliation claim rests on her letter of February 23, 2009 denouncing sex discrimination, and the transfer made in January of 2010, eleven months later, following Manzur’s administrative complaint. In her view, the transfer was but a fabrication for complaining of sex discrimination and the hostile work environment (Docket No. 1 at ¶ 55). These circumstances undercut any cognizable claim of causation. See, Velazquez-Ortiz v. Vilsack, 657 F.3d 64, 73 n. 8 (1st Cir.2011)(eight-month gap between events considered insufficient to raise an inference of retaliation); Mesnick v. General Elec. Co., 950 F.2d 816, 828 (1st Cir.1991)(<HOLDING>); King, 116 F.3d at 968 (finding that Options: A. holding that a threeyear gap between the protected activity and the adverse employment action was insufficient to support an inference of causation B. holding that three and onehalf months between the filing of an eeoc charge and the adverse employment action was insufficient by itself to establish causation C. holding that a time lapse of nine months between the filing of a formal grievance and the adverse employment action undercuts any inference of causation D. holding that although evidence that the alleged adverse action occurred shortly after the employer became aware of the protected activity is sufficient to make a prima facie causation case the opposite is equally true a lengthy time lapse between the employer becoming aware of the protected activity and the alleged adverse employment action negates any inference that a causal connection exists between the two E. holding that adverse employment activity that occurred 10 months and 17 months after protected activity was insufficient on its own to create a reasonable inference of causation

assistant: The best answer is C. holding that a time lapse of nine months between the filing of a formal grievance and the adverse employment action undercuts any inference of 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 legal provision and list the applicable contract clause categories. Provision: When a reference is made in this Agreement to a Section, Subsection or Exhibit, such reference shall be to a Section or Subsection of, or an Exhibit to, this Agreement unless otherwise indicated. The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Whenever the words “include”, “includes” or “including” are used in this Agreement, they shall be deemed to be followed by the words “without limitation”.

assistant: Interpretations
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: (emphasis added); accord Fed. R. Civ. P. 12(h)(3) (“If the court determines at any time that it lacks subject-matter jurisdiction, the court must dismiss the action.” (emphasis added)). Anderson does not challenge subject matter jurisdiction; he seeks to defend it. And he waived any arguments in defense of subject matter jurisdiction by failing to raise them below, just as other legal arguments not properly raised in the district court. This court has, on at least two occasions, addressed nearly identical fact patterns, and on both occasions it found that the plaintiffs waived their argument that the defendant consented to subject matter jurisdiction by failing to raise it before the district court. See Martinez v. Tex. Dep’t of Criminal Justice, 300 F.3d 567, 573-75 (5th Cir. 2002) (<HOLDING>); Perez v. Region 20 Educ. Serv. Ctr., 307 F.3d Options: A. holding that state did not waive eleventh amendment immunity by removing case to federal court B. holding that a party in a habeas case waives an argument by failing to raise it before the district court C. holding that the defendant waived an argument by failing to raise it in his appellants brief D. holding that state defendant waived eleventh amendment immunity to a federal claim by removing to federal court E. holding that a plaintiff waived an argument that the defendant voluntarily waived its eleventh amendment immunity by removing the case from state to federal court by failing to raise it before the district court even though an intervening supreme court decision clarified the law in the plaintiffs favor

assistant: The best answer is E. holding that a plaintiff waived an argument that the defendant voluntarily waived its eleventh amendment immunity by removing the case from state to federal court by failing to raise it before the district court even though an intervening supreme court decision clarified the law in the plaintiffs favor
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: To have a fair, timely, inexpensive and binding method of resolving any dispute or difference arising between Executive and the Company, and its shareholders, directors, officers, Executives and agents, relating to any terms and conditions of employment or termination of employment, either party shall, within one year of the date when the dispute or difference first arose or within one year of when Executive’s employment ends, whichever occurs first, submit to the Company a written request to have such claim, dispute or difference resolved through impartial arbitration conducted in accordance with the American Arbitration Association’s National Rules for the Resolution of Employment Disputes. The impartial arbitration proceeding shall be the exclusive, final and binding method of resolving any and all claims between Executive and the Company.

assistant: Arbitration
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 set forth in Section 8 of the Plan, the Company shall have the authority and the right to deduct or withhold, or to require Participant to remit to the Company, an amount sufficient to satisfy all applicable federal, state and local taxes required by law to be withheld with respect to any taxable event arising in connection with the Award. The Company shall not be obligated to deliver any new certificate representing vested Shares to Participant or enter such vested Shares in book entry form unless and until Participant shall have paid or otherwise satisfied in full the amount of all federal, state and local taxes applicable to the taxable income of Participant resulting from the grant or vesting of the Award or the issuance of Shares.

assistant: Tax 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 case excerpt and choose the best holding from the options. Case excerpt: Hall, because the exposure was not alleged in the allegations of the indictment, nor could it be deduced from the face of the indictment. Id. Moreover, the State argues that the court of appeals expressly relied on the facts of the case to reach its conclusion, but the facts of the case are irrelevant in a cognate-pleadings analysis. See Hall, 225 S.W.3d at 535-36. The State also argues that if two offenses are not the same under Block burger, it is presumed that the Legislature intended to allow multiple punishments, absent a clear manifestation of intent to the contrary. See Gonzales v. State, 304 S.W.3d 838, 845 (Tex.Crim.App.2010); see also Blockburger, 284 U.S. at 304, 52 S.Ct. 180. And the State contends that, if the Legislature’s intent is unclear as to w (Tex.Crim.App.1999) (<HOLDING>). Finally, the State argues that indecency with Options: A. holding criminal sexual assault and unlawful restraint included offenses of aggravated crimi nal sexual assault and vacating convictions and sentences on former offenses B. holding in aggravated sexual assault case that testimony regarding psychological trauma suffered by child victim and its physical manifestations properly admitted C. holding in a multiplepunishment case that aggravated sexual assault focuses on prohibited conduct D. holding attempted aggravated assault on a law enforcement officer is not a crime in florida E. holding unlawful restraint an included offense of aggravated criminal sexual assault so conviction on the former was vacated

assistant: The best answer is C. holding in a multiplepunishment case that aggravated sexual assault focuses on prohibited conduct
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Each Lender, the Swing Line Lender and the Issuing Lender hereby irrevocably (a) appoints Wells Fargo to act on its behalf as the Administrative Agent and as Collateral Agent hereunder and under the other Loan Documents, and (b) authorizes the Agents to take such actions on its behalf and to exercise such powers as are delegated to the Agents by the terms hereof or thereof, together with such actions and powers as are reasonably incidental thereto. The provisions of this Article VIII are solely for the benefit of the Lender Parties, and neither the Borrower nor any other Loan Party shall have rights as a third party beneficiary of any of such provisions. It is understood and agreed that the use of the term “agent” herein or in any other Loan Document (or any other similar term) with reference to the either Agent is not intended to connote any fiduciary or other implied (or express) obligations arising under agency doctrine of any applicable Legal Requirement. Instead such term is used as a matter of market custom, and is intended to create or reflect only an administrative relationship between contracting parties.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: (a) The Borrower has implemented and maintains in effect policies and procedures designed to ensure compliance by the Borrower, its Subsidiaries and their respective Senior Officers, and, to the knowledge of the Senior Officers of the Borrower, their respective directors, officers, employees and agents (if any), with Anti-Corruption Laws and applicable Sanctions, and the Borrower, its Subsidiaries and their respective officers and employees and to the knowledge of the Borrower its directors and agents, are in compliance with Anti-Corruption Laws and applicable Sanctions in all material respects.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Borrower will, and will cause each other Credit Party to, execute and deliver or cause to be executed and delivered such other and further instruments or documents and take such further action as in the judgment of Administrative Agent may be required to carry out the provisions and purposes of the Loan Papers, including to create, preserve, protect and perfect the Liens of the Administrative Agent for the ratable benefit of the Banks and other holders of Obligations as required by Article V .

assistant: Further Assurances
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: Guy Tucker joined together in creating the Arkansas Criminal Code Revision Commission. The Commission was charged with revising the substantive criminal law, which resulted in the adoption of the Arkansas Criminal Code by the General Assembly in 1975. The time has come again for a thorough review of our criminal code. KAREN R. BAKER, Justice, concurring in part and dissenting in part. I concur with the majority’s disposition of the first and second issues raised by Glaze in his appeal. However, because Glaze’s sentence is not illegal, I would affirm as to the third issue as well. This court has held that where the law does not authorize the particular sentence pronounced by the trial court, the sentence is unauthorized and illegal. Donaldson v. State, 370 Ark. 3, 257 S.W.3d 74 (2007) (<HOLDING>). The majority cites to three cases in support Options: A. holding that the trial court exceeded its authority by conditioning probation upon the payment of taxes and that the excess sentence imposed was void B. holding that the sentence entered by the circuit court was illegal because the court had no authority to impose a sentence that exceeded the punishment fixed by the jury C. holding that the district court was permitted to find conduct that had been acquitted by the jury when determining the defendants sentence D. holding that no court has the authority to substitute a different sentence for that which is required by law E. recognizing a claim that the sentence exceeded the statutory maximum

assistant: The best answer is B. holding that the sentence entered by the circuit court was illegal because the court had no authority to impose a sentence that exceeded the punishment fixed by the jury
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed in one or more counterparts, all of which shall be considered one and the same agreement and shall become effective when one or more counterparts have been signed by each of the Parties and delivered to the other Parties, it being understood that all Parties need not sign the same counterpart. Delivery of an executed signature page to this Agreement by facsimile transmission or electronic mail shall be as effective as delivery of a manually signed counterpart of this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: A waiver by the Employer of a breach of any provision of this Release by Executive shall not operate or be construed as a waiver or estoppel of any subsequent breach by Executive. No waiver shall be valid unless in writing and signed by an authorized officer of the Employer.

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 legal provision and list the applicable contract clause categories. Provision: Set forth on Schedule 5.20(a), is the following information which is true and complete in all respects as of the Closing Date and as of the last date such Schedule was required to be updated in accordance with Section 6.02: (i) a complete and accurate list of all Subsidiaries, joint ventures and partnerships and other equity investments of the Loan Parties as of the Closing Date and as of the last date such Schedule was required to be updated in accordance with Section 6.02, (ii) the number of shares of each class of Equity Interests in each Subsidiary outstanding, (iii) the number and percentage of outstanding shares of each class of Equity Interests owned by the Loan Parties and their Subsidiaries and (iv) the class or nature of such Equity Interests (i.e. voting, non-voting, preferred, etc.). The outstanding Equity Interests in all Subsidiaries are validly issued, fully paid and non-assessable and are owned free and clear of all Liens. There are no outstanding subscriptions, options, warrants, calls, rights or other agreements or commitments (other than stock options granted to employees or directors and directors’ qualifying shares) of any nature relating to the Equity Interests of any Loan Party or any Subsidiary thereof, except as contemplated in connection with the Loan Documents.

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: a condition resulting from a disease or accident in adulthood.” Novy v. Astrue, 497 F.3d 708, 709 (7th Cir.2007) (citation omitted). IQ tests or other contemporary evidence of mental retardation prior to age 22 is not required to establish onset before that age. Rather, the record “should contain some evidence” that permits an inference that the impairment existed before age 22 and is not of recent origin due to a traumatic event or some other changed circumstance. Markle, 324 F.3d at 188-189. Nothing in the record suggests that plaintiffs subaverage intellectual functioning was of recent origin. Evidence regarding his educational history before age 22 permits the inference that his mental retardation had an onset date during the developmental period. See Christner, 498 F.3d at 793 (<HOLDING>); Markle, 324 F.3d at 189 (holding that Options: A. holding that the alj erred in finding that the claimants mental retardation did not manifest itself before age 22 where the claimant attended special education classes dropped out of school in ninth grade had trouble with reading writing and math and had frequent fights with other children B. holding that where the claimant had worked for 22 years in a steel drum factory and as a security guard for about a year the claimants ability to maintain a job for most of his adult life called his mental retardation into doubt C. holding that circumstantial evidence existed supporting manifestation of the claimants mental retardation before age 22 including the claimants lowgrade dropout and participation in prior special education classes D. recognizing that texas courts have adopted the aamr definition of mental retardation providing that mental retardation must manifest before age of 18 years E. holding that the record did not belie the claimants iq of 58 where he attended special education classes did not live independently and dropped out of school at a low grade either in the sixth or eighth grade

assistant: The best answer is C. holding that circumstantial evidence existed supporting manifestation of the claimants mental retardation before age 22 including the claimants lowgrade dropout and participation in prior special education classes
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement and the obligations of the Lenders to fund the initial Borrowing hereunder shall become effective on the date on which each of the conditions precedent set forth in this Section 5.1 are satisfied or waived in writing by the Administrative Agent (with the consent of Required Lenders).

assistant: Effective Dates
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 the Company nor any of its Subsidiaries shall directly or indirectly enter into or permit to exist any transaction (including, without limitation, the purchase, sale, lease or exchange of any property or the rendering of any service) with, or make loans or advances to, any Affiliate of the Company which is not a Subsidiary, on terms that are less favorable to the Company or any of its Subsidiaries, as applicable, than those that might be obtained in an arm’s length transaction at the time from Persons who are not Affiliates, except for (i) dividends, distributions and share repurchases by the Company, (ii) issuances and sales by the Company of Capital Stock and receipt by the Company of the proceeds of such issuances and sales, (iii) reasonable and customary fees paid to, and the reimbursement of reasonable out-of-pocket expenses incurred by, members of the board of directors (or similar governing body) of the Company or any of its Subsidiaries; (iv) compensation arrangements, indemnification arrangements and agreements, and benefit plans for directors, officers and other employees of the Company and its Subsidiaries entered into or maintained or established in the ordinary course of business; (v) employment and severance agreements or arrangements entered into by the Company or any Subsidiary in the ordinary course of business; and (vi) extraordinary retention, bonus or similar arrangements approved by the Company’s board of directors (or a committee thereof).

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: if you pay with foreign currency , you agree that the amount you are eventually credited may vary , as a result of foreign currency conversion policies of our third party payment processors , which you can find at the relevant website or location where you make the actual purchase .

assistant: None
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of any and all instances of infringing sales on eBay. The Court concludes that Tiffany’s general allegations of counterfeiting failed to provide eBay with the knowledge required under Inwood. i. Demand Letters and the “Five-or-More” Rule As noted above, Tiffany provided eBay with demand letters in 2003 and 2004 asserting that counterfeiting was rampant on eBay’s website and that any listing of five or more Tiffany items was presumptively counterfeit. (Pl.Ex.489, 490). However, those courts to have considered the question have held that mere assertions and demand letters are insufficient to impute knowledge as to instances not specifically identified in such notices, particularly in cases where the activity at issue is not always infringing. See, e.g., Gucci, 135 F.Supp.2d at 420 (<HOLDING>); Fare Deals Ltd. v. World Choice Travel.Com, Options: A. holding that trademark owners mere assertion that its domain name is infringed is insufficient to impute knowledge of infringement and a demand letter is also insufficient B. holding that although the underlying action is one for trademark infringement the infringement occurred as a result of the underlying defendants use of the trademark in their advertising C. holding that mere speculation is insufficient to support a jury verdict D. holding that trademark owners demand letter is insufficient to resolve uncertainty of infringement E. holding that contributory trademark infringement requires some predicate act of infringement

assistant: The best answer is A. holding that trademark owners mere assertion that its domain name is infringed is insufficient to impute knowledge of infringement and a demand letter is also insufficient