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 following U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 404 U.S. 67 92 S.Ct. 326 30 L.Ed.2d 222 Donald Lee SCHREINERv.UNITED STATES. No. 71-5294. Supreme Court of the United States November 16, 1971 On petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit. PER CURIAM. 1 The motion for leave to proceed in forma pauperis and the petition for writ of certiorari are granted, the judgment of the Court of Appeals is vacated and the case is remanded to the Court of Appeals for further proceedings, including re-entry of its judgment affirming petitioner's conviction and consideration of the appointment of counsel for petitioner in connection with seeking review in this Court of the judgment of the Court of Appeals. 18 U.S.C. §§ 3006A(c), 3006A(d)(6), 3006A(g). See also H.R.Rep. No. 1709, 88th Cong., 2d Sess., 7 (1964); Report of the Committee to Implement the Criminal Justice Act of 1964, presented to a Special Session of the Judicial Conference of the United States, 36 F.R.D. 285, 291 (1965); Fed.Rule Crim.Proc. 44(a); Doherty v. United States, 404 U.S. 28, 92 S.Ct. 175, 30 L.Ed.2d 149. 2 Mr. Justice DOUGLAS, concurring. 3 Schreiner has a statutory right to the assistance of a lawyer in drafting his petition for certiorari. As I indicated in Doherty v. United States, 404 U.S. 28, 92 S.Ct. 175, 30 L.Ed.2d 149, that right is not conditioned on counsel's appraisal of the merits of the petition. No conditions are attached to rights under Fed.Rule Crim.Proc. 44 and the Criminal Justice Act of 1964. This view was adopted by the Judicial Conference's Committee to Implement the Criminal Justice Act: 4 '[C]ounsel appointed on appeal should advise the defendant of his right to initiate a further review by the filing of a petition for certiorari, and to file such petition, if requested by the defendant.' Report of the Committee to Implement the Criminal Justice Act, 36 F.R.D. 285, 291 (1965). 5 Moreover, the Tenth Circuit has implemented this suggestion. See 1A West's Federal Forms, Supreme Court, § 488 (B. Boskey ed. 1969). 6 There may well be instances where the remedy sought is inappropriate—e. g., an effort to obtain mandamus where the duty is only discretionary. The statute does not, however, permit an indigent's right to be conditioned upon the fortuity of whether a lawyer believes this Court will grant his petition. We ourselves often have difficulty making that prophecy.

assistant: 2
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] member of a limited liability company ... does not have an interest in any specific property of the company.” Tex. Bus. Orgs.Code Ann. § 101.106(b) (Vernon 2012). If further provides, “[ejxcept as and to the extent the company agreement specifically provides otherwise, a member or manager is not liable for a debt, obligation, or liability of a limited liability company, including a debt, obligation, or liability under ajudg ment, decree, or order of a court.” Id. § 101.114 (Vernon 2012). Thus, absent a showing that the LLC agreement provides otherwise (which has not been made here), no liability for the underlying judgment is imposed on BJVSD by virtue of its role as a member of Triton 2000. Furthermore, the relationship between BJVSD and the judg pp.-Eastland 2008, pet. denied) (<HOLDING>) (citing Redman v. Griffith, 202 S.W.3d 225, Options: A. recognizing spoliation as an independent cause of action for negligence where a party is unable to prove its case due to the loss or destruction of key evidence B. recognizing that when the corporations management or its shareholders are deadlocked with respect to a particular issue courts have realigned such corporations as party plaintiffs C. holding that a corporation exists as an entity apart from its shareholders even where the corporation has but one shareholder the general proposition of corporate identity apart from its shareholders leads us to conclude in accordance with decisions from other jurisdictions that the attorneys client is the corporation and not the shareholders D. holding under pennsylvania law that where fraud mismanagement or other wrong damages a corporations assets a shareholder does not have a direct cause of action however a corporation can suffer an injury unto itself and any claim it asserts to recover for that injury is independent and separate from the claims of shareholders creditors and others E. holding that cause of action for injury to corporations property or for impairment or destruction of its business is vested in corporation as distinguished from its shareholders

assistant: The best answer is E. holding that cause of action for injury to corporations property or for impairment or destruction of its business is vested in corporation as distinguished from its shareholders
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 acknowledges that a breach by it of its obligations hereunder will cause irreparable harm to the Buyer by vitiating the intent and purpose of the transaction contemplated hereby. Accordingly, the Company acknowledges that the remedy at law for a breach of its obligations under this Agreement will be inadequate and agrees, in the event of a breach or threatened breach by the Company of the provisions of this Agreement, that the Buyer shall be entitled, in addition to all other available remedies at law or in equity, and in addition to the penalties assessable herein, to an injunction or injunctions restraining, preventing or curing any breach of this Agreement and to enforce specifically the terms and provisions hereof.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Agreement may be amended from time to time by the Committee in its discretion; provided , however , that this Agreement may not be modified in a manner that would have a materially adverse effect on the as determined in the discretion of the Committee, except as provided in the Omnibus Plan, the or in any other written document signed by you and the Company.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company has filed all periodic reports, schedules, forms, statements and other documents required to be filed by it under the Securities Act and the Securities Exchange Act of 1934, as amended (the “ Exchange Act ”), including pursuant to Section 13(a) or 15(d) thereof, for the preceding twelve (12) month period (the foregoing materials being collectively referred to herein as the “ SEC Reports ”), to the knowledge of the Company, on a timely basis or has received a valid extension of such time of filing and has filed any such SEC Reports prior to the expiration of any such extension. To the knowledge of the Company, as of their respective dates, the SEC Reports complied in all material respects with the requirements of the Securities Act and the Exchange Act and the rules and regulations of the Commission promulgated thereunder, and none of the SEC Reports, when filed, contained any untrue statement of a material fact or omitted to state a material fact required to be stated therein or necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading. To the knowledge of the Company, the financial statements of the Company included in the SEC Reports comply in all material respects with applicable accounting requirements and the rules and regulations of the Commission with respect thereto as in effect at the time of filing. To the knowledge of the Company, such financial statements have been prepared in accordance with United States generally accepted accounting principles applied on a consistent basis during the periods involved (“ GAAP ”), except as may be otherwise specified in such financial statements or the notes thereto and except that unaudited financial statements may not contain all footnotes required by GAAP, and fairly present in all material respects the financial position of the Company and its consolidated subsidiaries as of and for the dates thereof and the results of operations and cash flows for the periods then ended, subject, in the case of unaudited statements, to normal, immaterial, year-end audit adjustments.. As of their respective dates, to the knowledge of the Company the financial statements of the Company included in the SEC Reports filed with the Commission during the past twelve months complied as to form and substance in all material respects with applicable accounting requirements and the published rules and regulations of the Commission or other applicable rules and regulations with respect thereto.

assistant: Financial Statements
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: express or implied, with the second employer; (b) the work being done is essentially that of the second employer; and (c) the second employer has the right to control the details of the work. When all three of the above conditions are satisfied in relation to both employers, both employers will be liable for workers’ compensation and both will have the benefit of the exclusivity defense of tort claims. 5 . See, e.g., Ex parte Salvation Army, 72 So.3d 1224 (Ala.Civ.App.2011) (recognizing special employer immunity under workers’ compensation statute); Anderson v. Tuboscope Vetco., Inc., 9 P.3d 1013 (Alaska 2000) (same); Araiza v. U.S. West Business Resources, Inc., 183 Ariz. 448, 904 P.2d 1272 (App.1995) (same); Lopez v. Hydratech, Inc., 20 553, 578 N.Y.S.2d 106, 585 N.E.2d 355 (1991) Options: A. holding that a lent employees acceptance of his special employment status could be implied from his acquiescence to the control and direction of the special employer B. holding that defendant did not waive his special appearance by filing a motion for new trial subject to the special appearance C. holding that glc 152 15 provides that the only party immune from suit under the statute is the direct employer a special employer is not immune because the special employer is not liable for the payment of workers compensation and there was no agreement between the direct employer and the special employer that the special employer would be liable for the payment of such compensation D. holding that smiejas consent to a contract of hire could be implied from his acceptance of the districts control and direction of his work E. holding that plaintiffs decedent became special employee of separately incorporated subsidiary after general employer parent corporation lent his services to subsidiary under circumstances that satisfied special employment factors

assistant: The best answer is A. holding that a lent employees acceptance of his special employment status could be implied from his acquiescence to the control and direction of the special employer
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: During the period between the date hereof and the Closing Date, each Party will use its best efforts to take all actions and do all things necessary, proper or advisable to consummate, make effective, and comply with all of the terms of this Agreement and the Transaction applicable to such Party (including satisfaction, but not waiver, of the Closing conditions for which it is responsible or otherwise in control, as set forth in Article 7). Each Party shall cooperate with each other and use best efforts to satisfy each of the conditions precedent for which it is responsible.

assistant: General
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 the Grantee has a Separation from Service due to the Grantee’s death, any unearned Restricted Stock Units shall become immediately earned and vested as of the date of such Separation from Service assuming target performance. In addition, in the event of the Grantee’s death after Separation from Service due to Disability, Involuntary Termination without Cause or Special Retirement, any Restricted Stock Units that had not yet become earned and vested in accordance with the schedule set forth under “Vesting Schedule” in the Notice shall become immediately earned and vested as of the date of such death assuming target performance.

assistant: Death
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: Brandis & Broun on North Carolina Evidence §§ 164-65 (5th ed. 1998) (noting that North Carolina allows wide latitude in the admission of prior consistent statements to corroborate a witness). Corroborative evidence may include “new or additional information” if the new information tends to strengthen or add credibility to the testimony it corroborates. Burton, 322 N.C. at 450, 368 S.E.2d at 632; State v. Ramey, 318 N.C. 457, 469, 349 S.E.2d 566, 573-74 (1986) (noting that the prior statement of the witness “need not merely relate to [the] specific facts brought out in the witness’s [trial] testimony”). The witness’s prior statements that contradict her trial testimony, however, may not be admitted “under the guise” of corroborating testimony. Burton, 322 N.C. at 450, 368 S.E.2d at 632 (<HOLDING>). In this case, Defendant contends Whitman’s Options: A. holding that hospitalization of witnesss wife and his desire to be by her side was not a substantial basis for admitting witnesss testimony from first trial B. holding that witnesss prior grand jury testimony was inconsistent with his claimed loss of memory at trial C. holding that a trial witnesss testimony as to the credibility of another witness was prejudicial error D. holding that the witnesss prior statement that the victim was lying flat on his back when he was shot impermissibly contradicted the witnesss trial testimony that the victim was on top of another individual at that time E. holding that trial court did not err in refusing to allow defendant to introduce evidence of witnesss pending indictment when witnesss testimony regarding defendants participation in murder was virtually identical to witnesss written statement which was sworn to on day of murder and prior to offense for which witness was indicted

assistant: The best answer is D. holding that the witnesss prior statement that the victim was lying flat on his back when he was shot impermissibly contradicted the witnesss trial testimony that the victim was on top of another individual at that time
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: finds that, based upon the specific circumstances of this case, a reasonable person in Davis’ position would not have perceived the request to talk in private as prohibiting his freedom to leave. Namely, there is no evidence that either Sergeant Boggs or Sheriff Peters commanded Davis’ presence in the patrol ear. Rather, Sergeant Boggs merely communicated to Sheriff Peters, in Davis’ presence, that a patrol car would offer more “privacy” given that “people” were beginning to “gather around.” (P-4 at 721, 675.) Additionally, once at the unmarked patrol car, the testimony indicates that Sheriff Peters did not direct Davis to sit in the back seat of the patrol ear. Rather, Sheriff Peters testified that Davis sat in the back seat on his own accord, with no prompting from him. Ther 2000) (<HOLDING>). Finally, the interview in the patrol car Options: A. holding that a defendant who voluntarily rode to the station with officers in a police car waited in a lobby with unlocked external doors and was told more than once he was not under arrest was not in custody B. holding that a de facto arrest had occurred where petitioner was not questioned briefly where he was found but rather was taken to a police car transported to a police station and placed in an interrogation room C. holding on habeas review that defendant was not in custody for miranda purposes and reciting among other facts that defendant was transported to a police station for questioning in an unmarked police car which was not equipped with a shield inside the car D. holding on direct review that defendant was not in custody when he was interviewed by law enforcement officers in a parked police vehicle which was unmarked and unlocked E. holding a defendant was not in custody for purposes of miranda after he consented to go to police headquarters

assistant: The best answer is C. holding on habeas review that defendant was not in custody for miranda purposes and reciting among other facts that defendant was transported to a police station for questioning in an unmarked police car which was not equipped with a shield inside the car
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: to 38 U.S.C. § 7104(d)(1), for the Court to infer such a conclusion. This is so because the BVA noted several falsities and inconsistencies in the appellant’s evidence and assertions. The BVA essentially gave no credence to the appellant’s evidence and assertions that she deemed her marriage to Uldarico Paramo to be null and void at any time. The Court finds no reason to set aside these factual conclusions of the BVA. Finally, the Court notes that while the BVA concluded that the appellant’s claim was well grounded and “gratuitously treated [the] appellant as if she had the status of a claimant, it need not have accorded her the benefits and protections of title 38 as she never legitimately attained the status of a claimant.” Aguilar, 2 Vet.App. at 23; see also Sandoval 7 Vet.App. at 9 (<HOLDING>). III. CONCLUSION The Court holds that there is Options: A. holding that the state courts rejection of the petitioners ineffective assistance of counsel claim was an unreasonable determination of the facts in light of the evidence before the state court B. holding that the issue is not whether a plaintiff will ultimately prevail but whether the claimant is entitled to offer evidence to support the claims C. holding the defendants claim that he was denied the right to testify was appropriate for direct review when the record was adequately developed to permit full consideration of the defendants claim the pertinent facts were undisputed a pcr hearing was not necessary to resolve a factual dispute and would not aid in the application of the law and the defendants claim was presented not as an ineffective assistance of counsel claim but rather as an error committed by the trial court in excluding the defendants testimony which was not an appropriate basis for an ineffective assistance of counsel claim D. holding that claimant moving for summary judgment on its claim must conclusively prove all the essential elements of the claim and that claimant has the burden to show that there are no genuine issues of material fact and that claimant is entitled to judgment as a matter of law E. recognizing that only a claimant is entitled to the secretarys assistance in the development of the facts pertinent to the claim the benefit of the doubt and the determination whether the claim is well grounded

assistant: The best answer is E. recognizing that only a claimant is entitled to the secretarys assistance in the development of the facts pertinent to the claim the benefit of the doubt and the determination whether the claim is well grounded
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: to suppress. Tollett v. Henderson, 411 U.S. 258, 267, 93 S.Ct. 1602, 36 L.Ed.2d 235 (1973); United States v. Willis, 992 F.2d 489, 490 (4th Cir.1993). Because Gordon has not met the requirements for Rule 11(a)(2), we find that Gordon is foreclosed from appealing the denial of his motion to suppress. Gordon also waived his right to appeal sentencing issues in the plea agreement. At Gordon’s second guilty plea hearing, to which the plea agreement is applicable, the district court explicitly noted the agreement’s appellate waiver provisions and Gordon reaffirmed his agreement to them. We conclude the waiver is valid and enforceable and that the Sixth Amendment issues raised on appeal fall within the scope of the waiver. See United States v. Blick, 408 F.3d 162, 169-73 (4th Cir.2005) (<HOLDING>). Gordon’s claims regarding the § 1326 offense Options: A. holding that the changes in sentencing law imposed by united states v booker 543 us 220 125 sct 738 160 led2d 621 2005 did not render waiver of appeal involuntary and unknowing B. holding that waiver of right to appeal in plea agreement entered into before united states v booker 543 us 220 125 sct 738 160 led2d 621 2005 was not invalidated by change in law effected by that case and that booker error fell within scope of waiver C. holding that 3582c does not apply to a person seeking resentencing under united states v booker 543 us 220 125 sct 738 160 led2d 621 2005 D. holding that united states v booker 543 us 220 125 sct 738 160 led2d 621 2005 did not alter the standard of review for the interpretation and application of the guidelines E. holding that blakely and united states v booker 543 us 220 125 sct 738 160 led2d 621 2005 are not retroactive on collateral review

assistant: The best answer is B. holding that waiver of right to appeal in plea agreement entered into before united states v booker 543 us 220 125 sct 738 160 led2d 621 2005 was not invalidated by change in law effected by that case and that booker error fell within scope of waiver
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 A MATERIAL INDUCEMENT FOR EACH PARTY HERETO TO ENTER INTO THIS WARRANT, THE PARTIES HERETO HEREBY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING RELATED IN ANY WAY TO THIS WARRANT AND/OR ANY AND ALL OF THE OTHER DOCUMENTS ASSOCIATED WITH THIS TRANSACTION .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: may consist of motorcycles rather than ski trails, but the principles are no less applicable.” Post, ¶ 25. This assertion ignores the fact that our decision in Dalury depended in large part on “[t]he major public policy implications . . . underlying the law of premises liability.” 164 Vt. at 334, 670 A.2d at 799. Dalury emphasized the duty of care a business owner has “to make sure that its premises are in safe and suitable condition for its customers.” Id. (quotation omitted). The dissent’s attempt to equate motorcycles to ski hills fails because the strong public policy of premises liability in Dalury has no parallel in the area of motorcycle test riding. Another critical distinction is that there is no claim here that the product offered by defendant 492, 493 (Wash. Ct. App. 1981) (<HOLDING>). In addition, unlike the ski area in Dalury Options: A. recognizing the public interest exception B. holding that mountaineering does not implicate the public interest C. holding that a school principals suspension with pay did not implicate a constitutionally protected property interest D. recognizing that public utilities affect the public interest in that they render essential public services to a large number of the general public E. holding that mere negligence does not implicate the right to due process

assistant: The best answer is B. holding that mountaineering does not implicate the public interest
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: In the event of any conflict between this Agreement and the Plan, this Agreement shall control. In the event of any ambiguity in this Agreement, or any matters as to which this Agreement is silent, the Plan shall govern, including, without limitation, the provisions thereof pursuant to which the Compensation and Benefits Committee has the power, among others, to (i) interpret the Plan, (ii) amend and repeal administrative rules, guidelines and practices relating to the Plan and (iii) make all other determinations deemed necessary or advisable for the administration of the Plan.

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 legal provision and list the applicable contract clause categories. Provision: The provisions of this Agreement are independent of and severable from each other, and no provision shall be affected or rendered invalid or unenforceable by virtue of the fact that for any reason any other or others of them may be invalid or unenforceable in whole or in part. Further, if a court of competent jurisdiction determines that any provision of this Agreement is invalid or unenforceable as written, such court may interpret, construe, rewrite or revise such provision, to the fullest extent allowed by law, so as to make it valid and enforceable consistent with the intent of the parties hereto.

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: comply is section 6 of the Act, which provides: “In no event shall it be necessary to fix or stipulate in any contract a time for the completion or a time for payment in order to obtain a lien under this act, provided, that the work is done or material furnished within three years from the commencement of said work or the commencement of furnishing said material.” 770 ILCS 60/6 (West 2002). Based on the plain language of section 6, “the 3-year period commences with the beginning of work for which the mechanic’s lien is asserted and not with the date upon which the contract for such work was entered into.” (Emphasis added.) Robb v. Lindquist, 23 Ill. App. 3d 186, 188 (1974); see also Cordeck Sales, Inc. v. Construction Systems, Inc., 394 Ill. App. 3d 870, 877 (2009) (Cordeck Sales II) (<HOLDING>). Accordingly, if the work for which a lien Options: A. recognizing a hostile work environment claim under section 1983 B. holding that subcontract requirement that work be performed in accordance with specifications in prime contract meant that prime contract governed the manner of the performance of the work not the basis for computing the amount to be paid the subcontractor C. holding that your work exclusion is triggered only where the damage at issue is to work performed by you and is caused by work performed by you and does not apply to damage caused to original construction of a house during later repair work D. holding that the more transformative the new work the more likely the use of the old work is a fair one E. recognizing that the work to be completed in accordance with the time limits of section 6 is the work for which lien enforcement is sought

assistant: The best answer is E. recognizing that the work to be completed in accordance with the time limits of section 6 is the work for which lien enforcement is sought
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 the Participant incurs a Disability that also constitutes a “disability” within the meaning of Section 409A, all of the Participant’s unvested Stock Awards as of the date of such Disability shall continue to vest in accordance with the original vesting schedule set forth in Paragraph 2 of this Award Agreement regardless of any subsequent termination of service, provided such Disability does not result in termination of service. In the event of termination of service, the unvested Stock Award shall vest in him on the date of termination.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Operating Agreement shall become effective on the Effective Date of this Operating Agreement and shall remain in full force and effect until the earlier of (i) two years from the Effective Date, unless the Operator and the Company mutually agree to extend the term of the agreement (ii) a termination pursuant to Sections 8.2 (Termination by the Company) or (iii) a termination pursuant to Section 8.3 (Termination by the Operator).

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: .” (Emphasis added). The defendant is not seeking a waiver of a court rule, however, but of a statute of limitation. RAP 18.8(a) does not allow the court to waive or alter statutes. RCW 10.73.090 imposes a constitutionally valid “time limit” as a means of controlling the flow of postconviction collateral relief petitions. This court recently reiterated its observation that collateral relief “ ‘undermines the principles of finality of litigation, degrades the prominence of the trial, and sometimes costs society the right to punish admitted offenders. . . I ” In re Personal Restraint of Cook, 114 Wn.2d 802, 809, 792 P.2d 506 (1990) (quoting In re Personal Restraint of Hews, 99 Wn.2d 80, 86, 660 P.2d 263 (1983)); In re Personal Restraint of Well, 133 Wn.2d 433, 441-42, 946 P.2d 750 (1997) (<HOLDING>). In order to file a second personal restraint Options: A. holding that petition was properly filed even though the state court denied it as procedurally barred because the petition was delivered to and accepted by the state court B. holding that the 1996 personal restraint petition of an individual committed in 1980 pursuant to an insanity plea was procedurally barred because it was filed after the oneyear time bar set forth in rcw 1073090 and because the grounds for relief did not fall within the exceptions to the limitation period C. holding that plea in bar may be based only on grounds set forth in statute D. holding that oneyear limitations period set forth in 2255 is not a jurisdictional bar and is thus subject to equitable tolling E. holding that a similar claim in a rule 32 petition was procedurally barred because it was raised at trial and because it was raised on direct appeal

assistant: The best answer is B. holding that the 1996 personal restraint petition of an individual committed in 1980 pursuant to an insanity plea was procedurally barred because it was filed after the oneyear time bar set forth in rcw 1073090 and because the grounds for relief did not fall within the exceptions to the limitation period
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: § 1983 claim set forth in Count Four of plaintiffs complaint. Fuchilla v. Layman, 109 N.J. 319, 330-31, 537 A.2d 652 (1988). 10 . On the date of plaintiff’s arrest, N.J.S.A. 59:5-3 (repealed July 8, 1988) was still in effect. This statute prohibited prisoners from suing public entities while in institutional confinement, and suspended the accrual of a prisoner's cause of action until release from confinement. N.J.S.A. 59:5-3. On July 9, 1982, this court in Holman v. Hilton, 542 F.Supp. 913 (D.N.J.1982), aff'd, 712 F.2d 854 (3d Cir.1983), declared N.J.S.A. 59:5-3 unconstitutional. Id. at 922. Because this statute was not repealed until July 8, 1988, however, it remained in effect until that date. Small v. Department of Corrections, 243 N.J.Super. 439, 449, 579 A.2d 1263 (App.Div.1990) (<HOLDING>). Although it is not entirely clear from the Options: A. holding that the plaintiffs cause of action accrued on the date of the repealer statute not on the date the wrong occurred despite the federal courts ruling as to the statutes unconstitutionality B. holding that a plaintiffs 1983 claim accrued on the date of the alleged illegal search and seizure C. holding that where the date of the offense is not an element of the charge a variance between the indictment date and the proof at trial is not fatal so long as the acts charged were committed within the statute of limitations period and prior to the return date of the indictment D. holding that the date of the federal indictment not the date of the state arrest was the triggering date for the speedytrial act E. holding that the cause of action accrued on the date of sale

assistant: The best answer is A. holding that the plaintiffs cause of action accrued on the date of the repealer statute not on the date the wrong occurred despite the federal courts ruling as to the statutes unconstitutionality
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: After the occurrence of an Event of Default, in addition to any other remedy provided in this Note, the Loan Documents or permitted by law, including, but not limited to those remedies provided to secured parties under the Uniform Commercial Code, if this Note is secured, Lender may at any time, without notice, apply the Collateral to this Note or such other Obligations, whether due or not, and Lender may, at its option, proceed to enforce and protect its rights by an action at law or in equity or by any other appropriate proceedings; provided that this Note and the Obligations shall be accelerated automatically and immediately if the Event of Default is a filing under the Bankruptcy Code. In addition, Lender may use, in connection with any assembly or disposition of the Collateral, if any, any trademark, trade name, trade dress, copyright, patent right, trade secret or technical process used or utilized by any Borrower. Lender may take such measures as Lender may deem necessary or advisable to preserve, collect, process, develop, maintain, protect, care for or insure the Collateral or any portion thereof; and each Borrower irrevocably appoints Lender or its designee as such Borrower's attorney-in-fact to do all acts and things in connection therewith and in particular, to endorse checks and other instruments payable to such Borrower. Borrowers shall pay all costs of collection incurred by Lender, including attorneys' fees, if this Note is referred to an attorney for collection, whether or not payment is obtained before entry of judgment. Lender's rights and remedies hereunder are cumulative, and may be exercised together, separately, and in any order. No delay on the part of Lender in the exercise of any such right or remedy shall operate as a waiver. No single or partial exercise by Lender of any right or remedy shall preclude any other further exercise of it or the exercise of any other right or remedy. No waiver or indulgence by Lender of any Event of Default shall be effective unless in writing and signed by Lender, nor shall a waiver on one occasion be construed as a waiver of any other occurrence in the future.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: to confront the witnesses against him. Mississippi Rule of Evidence 901(a) provides: General Provision. The requirement of authentication or identification as a condition precedent to admissibility is satisfied by evidence sufficient to support a finding that the matter in question is what its proponent claims. ¶ 14. The State argues that the passports needed no authentication because they are authentic on their face. The State concedes that the passport of Robert Keys was obtained through a fraudulent application because Bob used an alias to obtain the passport. We do not agree that a fraudulently obtained passport could be considered authentic on its face for the purposes of establishing the information contained within as factual. See U.S. v. Weiss, 491 F.2d 460, 466 (2nd Cir.1974) (<HOLDING>); Gulotta v. United States, 118 F.2d 683, 685 Options: A. holding that a passport is not competent evidence to prove the defendant was not in thailand absent proof by thai authorities that if the defendant had entered or exited thailand an entry would have been placed on his passport B. holding that the defendants right to presence was not violated where the defendant had been present in the courtroom while the venire members were questioned notwithstanding the fact that the defendant was absent later when his attorney made his strikes over the lunch hour because the defendant was present in the courtroom when the clerk gave the strikes effect by reading off the list of jurors who had not been stricken C. holding that jurys verdict for the defendant in a breach of contract action did not establish the absence of breach because the jury was instructed that it could find for the defendant if it concluded that the defendant had not breached the contract or if the defendant proved an affirmative defense D. holding that it was not error for the trial judge to refuse to admit the passport as evidence that defendant could not have been served with process in new york because she had been in hong kong the defendant offered no attestation or testimonial authentication by the hong kong authorities who had affixed the stamps on her passport E. holding that upon award of zero damages plaintiff has failed to establish an essential part of its proof and judgment should have been entered for defendant

assistant: The best answer is A. holding that a passport is not competent evidence to prove the defendant was not in thailand absent proof by thai authorities that if the defendant had entered or exited thailand an entry would have been placed on his passport
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: 14.3 you agree that if youtube does not exercise or enforce any legal right or remedy which is contained in the terms ( or which youtube has the benefit of under any applicable law ) , this will not be taken to be a formal waiver of youtube 's rights and that those rights or remedies will still be available to youtube .

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 legal provision and list the applicable contract clause categories. Provision: There are no civil, criminal or administrative actions, suits, claims, hearings, arbitrations, investigations or other proceedings pending or, to the Company’s Knowledge, threatened against the Company or any of its Subsidiaries, except for those that have not had, or would not reasonably be likely to have, a Material Adverse Effect.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Any notice required or permitted by this Agreement shall be in writing and shall be deemed sufficient when delivered personally, or by electronic delivery in PDF format (followed by first-class mail), or seventy-two (72) hours after being deposited in the U.S. mail, as certified or registered mail, with postage prepaid, and addressed to the party to be notified at such party's address as set forth below or as subsequently modified by written notice.

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: Whenever notice is required to be given under this Note, unless otherwise provided herein, such notice shall be given in accordance with Section 9(f) of the Note Purchase Agreement. The Company shall provide the Holder with prompt written notice of all actions taken pursuant to this Note, including in reasonable detail a description of such action and the reason therefore. Without limiting the generality of the foregoing, the Company will give written notice to the Holder (i) immediately upon any adjustment of the Conversion Price, setting forth in reasonable detail, and certifying, the calculation of such adjustment and (ii) at least fifteen (15) days prior to the date on which the Company closes its books or takes a record (A) with respect to any dividend or distribution upon the Common Shares, or (B) for determining rights to vote with respect to any Fundamental Transaction, dissolution or liquidation, provided in each case that such information shall be made known to the public prior to or in conjunction with such notice being provided to the Holder.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Guarantee may be executed by the parties hereto in several counterparts, each of which shall be an original and all of which shall constitute together but one and the same agreement. This Guarantee shall become effective when counterparts hereof executed on behalf of each Guarantor shall have been received by the Agent. Delivery of an executed counterpart of a signature page to this Guarantee by email (e.g., “pdf” or “tiff”) or telecopy shall be effective as delivery of a manually executed counterpart of this Guarantee.

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: Borrowers hereby irrevocably authorize Administrative Agent, in Administrative Agent’s sole discretion, to advance to Borrowers, and to charge to Borrowers’ Loan Account hereunder as a Revolving Credit Loan (which shall be a Base Rate Revolving Credit Loan), a sum sufficient to pay all interest accrued on the Obligations during the immediately preceding month or quarter, as the case may be, and to pay all fees, costs and expenses and other Obligations at any time owed by any Borrower to Administrative Agent or any Lender hereunder.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: No amendment or waiver of any provision of this Agreement or the Notes, nor consent to any departure by the Borrower therefrom, shall in any event be effective unless the same shall be in writing and signed by the Required Lenders, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given; provided , however , that (a) no amendment, waiver or consent shall, unless in writing and signed by all the Lenders, do any of the following: (i) waive any of the conditions specified in Section 3.01, (ii) change the definition of “Required Lenders”, the percentage of the Commitments or of the aggregate unpaid principal amount of the Advances, or the number of Lenders, that shall be required for the Lenders or any of them to take any action hereunder or (iii) amend this Section 8.01 and (b) no amendment, waiver or consent shall, unless in writing and signed by each Lender directly affected thereby, do any of the following: (i) increase the Commitments of such Lender, (ii) reduce the principal of, or rate of interest on, the Advances or any fees or other amounts payable hereunder or (iii) postpone any date fixed for any payment of principal of, or interest on, the Advances or any fees or other amounts payable hereunder; and provided further that no amendment, waiver or consent shall, unless in writing and signed by the Agent in addition to the Lenders required above to take such action, affect the rights or duties of the Agent under this Agreement or any Note; and provided further that no amendment, waiver or consent shall, unless in writing and signed by the Issuing Banks in addition to the Lenders required above to take such action, affect the rights or obligation of the Issuing Banks under this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Participant may be required to pay to the Company or any Affiliate and the Company or any Affiliate shall have the right and is hereby authorized to withhold from any transfer due under this Agreement or under the Plan or from any compensation or other amount owing to the Participant, applicable withholding taxes with respect to any transfer under this Agreement or under the Plan and to take such action as may be necessary in the opinion of the Company to satisfy all obligations for the payment of such taxes. Notwithstanding the foregoing, if the Participant's employment with the Company terminates prior to the transfer of all of the Shares under this Agreement, the payment of any applicable withholding taxes with respect to any further transfer of Shares under this Agreement or the Plan shall be made solely through the sale of Shares equal to the statutory minimum withholding liability.

assistant: Withholdings