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: in or redirection of traffic flow to a commercial property is not a com-pensable taking of a property right. See also State v. Dunn, 888 N.E.2d 858, 864-66 (Ind.Ct.App.2008) (explaining the differences between traffic-flow cases and the ingress/egress cases), trans. denied. State v. Kimco of Evansville, Inc., 902 N.E.2d 206, 212-14 (Ind.2009), cert. denied, -- U.S. --, 130 S.Ct. 1136, - L.Ed.2d -- (2010) (footnote omitted; first alteration original). - Reaffirming Ensley, the Kimeo court held that the owners of a shopping center were not entitled to damages resulting "from street reconfigurations that affect traffic flow through the center and prevent expansion of existing points of ingress or egress, but leave existing points in place." Id. at 208; see also Dunn, 888 N.E.2d at 869 (<HOLDING>). Among the cases in which a compensa-ble Options: A. holding that witnesses traveling from finland were no more inconvenienced by having to travel to indiana than they would be traveling to new york B. holding that the termination of a billboard lease according to its terms was not a taking of property by eminent domain C. holding that a landowner who lost a strip of property to a highway widening project could not recover losses caused by concurrent placement of a median strip because when less than the entire property is taken compensation for damage to the remainder can be awarded only if such damage is caused by the taking and cjonstruction of the median not the taking caused the alleged damage D. holding that where necessary to enforce the california constitutions requirement of just compensation for a taking courts can disregard statutory eminent domain requirements E. holding that the construction of a median in a roadway that causes traffic traveling to and from an abutting property to travel a cireuitous route does not constitute a compensable taking under indiana eminent domain law

assistant: The best answer is E. holding that the construction of a median in a roadway that causes traffic traveling to and from an abutting property to travel a cireuitous route does not constitute a compensable taking under indiana eminent domain law
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: by bolstering the opinion testimony of Dr. Proctor with substantive content from the 2014 Report, Plaintiff improperly enhanced the expert’s credibility with the jury. This court has held that such improper bolstering ean .be so prejudicial as to rise to the level of fundamental error and require a new trial. Cordoba, 939 So.2d at 323. The Reports did not constitute original research performed by the Office of the Surgeon General; rather, they summarized and compiled' a mix of information, opinion and advocacy from outside sources. As such, the Reports “represent ] a' classic example of hearsay,” being “nothing more than ... written statements of the de-clarantes]” who drafted the various contributions. Sikes v. Seaboard Coast Line R.R. Co., 429 So.2d 1216, 1220 (Fla. 1st DCA 1983) (<HOLDING>). Admitting the Reports at trial effectively Options: A. holding that when an accident occurs outside florida workers compensation benefits are payable only if the contract of employment was made in florida or if the employees employment is principally located in florida B. holding new york could lawfully modify a florida custody decree because florida court had right under florida law to change the decree C. holding that defendants bank account and open line of credit in florida utilized to transfer money in international commerce was insufficient to confer jurisdiction under section 481932 florida statutes where defendant operated its business in honduras had no employees or agents in florida and did not advertise or solicit business in florida D. holding that the stateissued florida handbook for drivers was inadmissible hearsay E. holding that florida courts would apply florida law to contracts insuring real property located within the state

assistant: The best answer is D. holding that the stateissued florida handbook for drivers was inadmissible hearsay
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: “nevertheless be sustained on the ground that its exclusive aim is to afford a remedy for a hurtful condition within foreign territory.” Curtiss-Wright, 299 U.S. at 315, 57 S.Ct. 216. This indulgence stems from the Constitution: “In this vast external realm, with its important, complicated, delicate and manifold problems, the President alone has the power to speak or listen as a representative of the nation.” Id. at 319, 57 S.Ct. 216; see also Zemel, 381 U.S. at 17, 85 S.Ct. 1271. The Supreme Court has upheld Congressional delegation to the executive— under the IEEPA — to nullify certain attachments and transfers of assets. See Dames & Moore v. Regan, 453 U.S. 654, 675, 101 S.Ct. 2972, 69 L.Ed.2d 918 (1981); Regan v. Wald, 468 U.S. 222, 232-33, 104 S.Ct. 3026, 82 L.Ed.2d 171 (1984) (<HOLDING>); see also Zemel, 381 U.S. 1, 85 S.Ct. 1271, 14 Options: A. holding that the trading with the enemy acts provisions for judicial review are exclusive of any other remedy and rejecting arguments that judicial review of actions taken under the trading with the enemy act is available via the administrative procedure act B. holding that regulations promulgated pursuant to the ieepa and the trading with the ene my act were constitutional C. holding that retroactive application of agency regulations promulgated after the conduct at issue is disfavored D. holding that no implied private right of action exists under the nha and noting that the district of columbia first sixth and ninth circuits have held that the housing act and regulations promulgated thereunder do not satisfy the fourpart cort test and thus have refused to create a right of action for private parties who wish to sue to enforce the statute or regulations promulgated thereunder E. holding that regulations promulgated pursuant to an express congressional grant of rulemaking authority will be upheld unless they are arbitrary capricious or manifestly contrary to the statute

assistant: The best answer is B. holding that regulations promulgated pursuant to the ieepa and the trading with the ene my act were constitutional
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: Lewis v. Woods, 848 F.2d 649, 652 (5th Cir.1988); and Simmons v. McElveen, 846 F.2d 337, 339 (5th Cir.1988). 169 . See City of Canton v. Harris, 489 U.S. 378, 389, 109 S.Ct. 1197, 1205, 103 L.Ed.2d 412 (1989); Colle v. Brazos County, 981 F.2d at 245-46; Rhyne v. Henderson County, 973 F.2d at 392; and Benavides v. County of Wilson, 955 F.2d at 972-73. 170 . Id. 171 . See Collins v. City of Harker Heights, Texas, 916 F.2d at 286. 172 . See Valley v. Rapides Parish School Board, 118 F.3d 1047, 1051 n. 1 (5th Cir.1997); and Chrissy F. by Medley v. Mississippi Department of Public Welfare, 925 F.2d 844, 849 (5th Cir.1991). 173 . See DSC Communications v. Next Level Communications, 107 F.3d 322, 328 (5th Cir.1997); and Wallace v. Texas Tech University, 80 F.3d 1042, 1047 n. 3 (5th Cir.1996), (<HOLDING>). 174 . See Wallace v. Texas Tech University, Options: A. holding that the eleventh amendment precludes an award of injunctive or declaratory relief that is not prospective in nature B. holding that injunctive relief was unwarranted when the jurys award already included prospective relief C. holding that eleventh amendment does not bar federal suit against state official for prospective injunctive relief D. holding that a class of juveniles had standing to seek injunctive relief in federal court against future interrogations by a police squad because of the strong likelihood that the challenged interrogation methods would be used again E. holding that prospective injunctive relief is appropriate in a federal civil rights action only if a reasonable likelihood exists the plaintiff will again be subjected to the unconstitutional actions

assistant: The best answer is E. holding that prospective injunctive relief is appropriate in a federal civil rights action only if a reasonable likelihood exists the plaintiff will again be subjected to the unconstitutional actions
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The closing of the transactions contemplated hereby (the “ Closing ”) shall take place on November 1, 2017 (the “ Closing Date ”), and the Closing is deemed to be effective as of 12:01 a.m., San Antonio, Texas time, on the Closing Date (the “ Effective Time ”).

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Restaurant, No. 94-4696, 1995 WL 442143, at *4 (S.D.N.Y. Jul. 26, 1995); Connors v. Paybra Mining Co., 807 F.Supp. 1242, 1246 (S.D.W.Va.1992). Another court in this district held that unremitted contributions were “assets” based on the agreement’s provision that “[t]itle to all of the money, property, and income ... accrued to the fund shall be vested in and remain exclusively in the board of trastees of the fund,” where “accrued to” was synonymous with “due and owing.” PMTA-ILA 1995 WL 461269, at *4. However, the language in the Trust Documents in this case is not as clear. 4. The Trust Documents protect the “Trust Fund” from liabilities of employers and other entities, indicating that the Trust Fund is an “asset.” See United States v. Panepinto, 818 F.Supp. 48, 51 (E.D.N.Y.1993) (<HOLDING>). Thus, it is significant whether unremitted Options: A. holding that a court may not enter an injunction freezing assets in action for damages where there is no equitable interest in frozen assets B. holding that a limited partner does not have an interest right or title in the assets of the partnership C. holding that it is proper to award prejudgment interest at the legal rate from the date the monies were due under the contract D. holding that professionals who advised the plan were not fiduciaries because they had no decision making authority over the plan or plan assets also noting that the power to act for the plan is essential to status as a fiduciary E. holding that where agreement stated that the employer shall not have any legal or equitable right title or interest in certain monies such monies were plan assets

assistant: The best answer is E. holding that where agreement stated that the employer shall not have any legal or equitable right title or interest in certain monies such monies were plan assets
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: that can reasonably be construed to be an expression of a desire for the assistance of an attorney.’” Davis, 512 U.S. at 459,114 S.Ct. at 2355 (quoting McNeil, 501 U.S. at 178, 111 S.Ct. at 2209). But, if the statement is “ambiguous or equivocal in that a reasonable officer in light of the circumstances would have understood only that the suspect [making the statement] might be” asking for the presence of an attorney during custodial interrogation, the officer may ask questions to clarify ding that the statement, “Can I speak to my lawyer? I can’t even talk to [a] lawyer before I make any kinds of comments or anything?,” was not a clear request for the presence of counsel during custodial interrogation); Midkiff v. Commonwealth, 250 Va. 262, 265-67, 462 S.E.2d 112, 114-15 (1995) (<HOLDING>). Yet other times, the Court has viewed certain Options: A. holding that the statement im scared to say anything without talking to a lawyer does not clearly and unambiguously communicate a desire to invoke a fifth amendment right to counsel B. holding that the state courts conclusion that a suspect did not unambiguously request counsel was not unreasonable when during a postmiranda interview the suspect stated i think i would like to talk to a lawyer after which the police stopped questioning him left the room and did not resume questioning until the suspect explicitly said he did not want a lawyer and wanted to continue talking C. holding that a suspect must unambiguously request counsel D. holding that a suspect who wants to invoke his or her right to remain silent must do so unambiguously E. holding that an accused must unambiguously invoke the right to remain silent

assistant: The best answer is A. holding that the statement im scared to say anything without talking to a lawyer does not clearly and unambiguously communicate a desire to invoke a fifth amendment right to counsel
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 accordance with Section 5.11 of the Credit Agreement, the Borrower has provided a written request to the Administrative Agent to release each of ITSOLUTIONS NET HOLDING CORP., a Delaware corporation, OPTIMUS CORPORATION, a Virginia corporation, and AVIEL SYSTEMS, INC., a Virginia corporation (collectively, the “ Released Subsidiaries ”), as a Subsidiary Loan Party under the Credit Agreement as each no longer qualifies as a Material Subsidiary. The Administrative Agent and the Lenders hereby release the Released Subsidiaries from their obligations under the Credit Agreement and agree that the Released Subsidiaries are no longer Subsidiary Loan Parties under the Credit Agreement.

assistant: Releases
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: Receipt by the Administrative Agent, the Joint Lead Arrangers and the Lenders of any fees required to be paid on or before the Second Amendment and Restatement Effective Date, including all facility fees, letter of credit fees and fronting fees accrued under the Existing Credit Agreement prior to the Second Amendment and Restatement Effective Date.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: No agreements, discussions or understandings not expressed in this Agreement shall be binding on the parties or affect the Agreement in any way and this Agreement constitutes the entire agreement between the parties pertaining to the subject matter of this Agreement, and it supersedes all negotiations and all prior and contemporaneous discussions and understandings of the parties in connection with the subject matter of this Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: that the dis puted issues were not substantial and material because resolution of the issues involved only application of existing Seventh Circuit law regarding the definition of a fiduciary under ERISA and had discussed breaches of a fiduciary’s duties to new facts. Id. at 210 (“[C]ase law is rich with precedent that can effectively guide the bankruptcy court in determining the ERISA issues in the instant action.... The court has every confidence in the Bankruptcy Court’s abilities to effectively read and apply this case law.”). Likewise, the Sixth Circu 1154 (6th Cir.1988) (stating that misleading communications to plan participants regarding plan administration will support a claim for breach of fiduciary duty); Drennan v. General Motors Corp., 977 F.2d 246 (6th Cir.1992) (<HOLDING>). Thus, the Bankruptcy Court will be able to Options: A. holding that whether attorney complied with fiduciary duty to disclose all material information was question of fact B. holding that employer breached fiduciary duty to disclose that it was considering allowing employees to participate in benefit plan C. holding that actions based on breach of fiduciary duty must inure to the benefit of the plan as a whole D. holding that plan fiduciary is entitled to deferential review if empowered by the plan to construe its terms in order to determine benefit eligibility E. holding that the employer breached a duty to its employees by allowing their insurance coverage to lapse without giving them reasonable notification of the lapse

assistant: The best answer is B. holding that employer breached fiduciary duty to disclose that it was considering allowing employees to participate in benefit plan
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Other than as set forth in Section 3.09 , none of the Partnership or its Subsidiaries (i) own, directly or indirectly, any Equity Securities of any corporation, partnership, limited liability company, joint venture, association or other entity, (ii) has outstanding any Equity Securities or any other securities convertible into or exchangeable for Equity Securities, or (iii) have outstanding any rights to subscribe for or to purchase, or any options for the purchase of, or any agreements providing for the issuance (contingent or otherwise) of, or any calls, commitments or claims of any character relating to, Equity Securities or securities convertible into or exchangeable for Equity Securities, other than the Option Agreements.

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 legal provision and list the applicable contract clause categories. Provision: No provision of this Agreement may be amended or waived, unless such amendment or waiver is agreed to in writing, signed by Executive and by a duly authorized officer of the Company. No waiver by any party hereto of any breach by another party hereto of any condition or provision of this Agreement to be performed by such other party will be deemed a waiver of a similar or dissimilar condition or provision at the same time, any prior time or any subsequent time.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: QDRO. 2004 ND 58, ¶ 9, 676 N.W.2d 794. We explained the trial court correctly found the former husband in contempt for willfully violating the divorce judgment by receiving and 0 (stating trial court should take all reasonable measures to ensure that QDROs are drafted and entered as soon as possible after entry of the divorce decree). Thus, the trial court erred by shifting the responsibility for obtaining a QDRO from the trial court that entered the 1993 divorce decree to Mary Blomdahl, a party to the decree. Further, under ERISA, there is no statute of limitations for the entry of a QDRO. See Jordan, 147 S.W.3d at 260 (noting the intentional absence of a statute of limitations for the entry of a QDRO under ERISA); see also Marshall v. Priess, 99 S.W.3d 150, 157 (Tex.Ct.App.2002) (<HOLDING>); Ochoa v. Ochoa, 71 S.W.3d 593, 596-97 Options: A. holding that the courts statute of limitations is jurisdictional in nature and is thus not subject to waiver or estoppel B. holding a statute of limitations defense does not deprive court of subject matter jurisdiction to the extent the statute of limitations may be considered in any sense a jurisdictional impediment it is one which can be waived C. holding the entry of qdro is not subject to statute of limitations on enforcement of judgments D. holding that the statute of limitations defense does not deprive court of subject matter jurisdiction to the extent the statute of limitations may be considered in any sense a jurisdictional impediment it is one which can be waived E. holding that the aedpa statute of limitations is not jurisdictional

assistant: The best answer is C. holding the entry of qdro is not subject to statute of limitations on enforcement of judgments
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 Purchaser and the Holder Representative shall provide each other with such cooperation and assistance as may be reasonably requested by either of them in connection with the preparation of any Tax Return, any audit or other examination by any Taxing Authority, or any judicial or administrative proceedings relating to liability for Taxes and each will provide the other with any records or information which may be relevant to such Tax Return, audit, or examination, proceedings or determination. Such cooperation and assistance shall include making employees available on a mutually convenient basis during normal business hours to provide additional information. The Party requesting assistance hereunder shall reimburse the other for reasonable expense incurred in providing such assistance.

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 following U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 381 U.S. 125 85 S.Ct. 1364 14 L.Ed.2d 284 Bernard SUSSER et al.v.CARVEL CORPORATION et al. No. 355. Supreme Court of the United States May 3, 1965 Arnold Fleischmann, Towson, Md., for petitioners. Herman L. Weisman and John A. Wilson, New York City, for respondents. On Writ of Certiorari to the United States Court of Appeals for the Second Circuit. PER CURIAM. 1 The writ of certiorari is dismissed as improvidently granted. 2 Mr. Justice GOLDBERG took no part in the consideration or decision of this case.

assistant: 9
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: The Disclosers may (but are not obliged to) disclose during the term of this Agreement, and/or may have already disclosed, Confidential Information to the Recipient for the Purpose and, in consideration of the Disclosers disclosing any Confidential Information to the Recipient and the payment to the Recipient of £1 (one pound) the receipt of which is acknowledged by the Recipient), the Recipient undertakes to the Disclosers that it shall, and shall procure that its Authorised Persons shall: 2.1.2 not Use any Confidential Information in any way except to the extent reasonably necessary for the Purpose, and not Use or benefit from any Confidential Information to procure any commercial advantage over the Disclosers; and

assistant: No
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: Virden, 488 F.3d 1317, 1322 (11th Cir.2007) (“Under the inevitable discovery exception, if the prosecution can establish by a preponderance of the evidence that the information would have ultimately been recovered by lawful means, the evidence will be admissible.”). Therefore, we affirm the denial of the second motion to suppress on this alternative basis. “Inventory searches of an arrestee’s personal property are á well-defined exception to the Fourth Amendment warrant requirement.” United States v. Farley, 607 F.3d 1294, 1333 (11th Cir.2010) (internal quotation marks omitted). Wh hallenge to the validity of the custodial seizure and subsequent inventory search. Blanchard’s brief does not address the issue at all. See United States v. Jernigan, 341 F.3d 1273, 1283 n. 8 (11th Cir.2003) (<HOLDING>). And, while Cooper asserts in her issue Options: A. holding that issues not raised in an appellants initial brief are deemed abandoned B. holding that issues raised but not supported by argument are deemed abandoned C. holding that issues not argued in initial brief are deemed waived D. holding that claims not raised in an appellants initial brief to our court are waived E. holding that petitioner abandoned issues and claims not sufficiently raised in his brief

assistant: The best answer is A. holding that issues not raised in an appellants initial brief are deemed abandoned
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 execution and delivery of this Agreement by the Target Shareholders and the performance by the Target Shareholders of their obligations hereunder in accordance with the terms hereof: (a) will not require the consent of any third party or governmental entity under any laws; (b) will not violate any laws applicable to the Target Shareholders and (c) will not violate or breach any contractual obligation to which the Target Shareholders are a party.

assistant: No Conflicts
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: spotify users may post , upload , and/or contribute ( `` post '' ) content to the service ( which may include , for example , pictures , text , messages , information , playlist compilations , and/or other types of content ) ( `` user content '' ) .

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: Samuel Windham, Jr., a California state prisoner, appeals pro se from the district court’s summary judgment for defendants in his 42 U.S.C. § 1983 action alleging Eighth and Fourteenth Amendment violations related to defendants’ placement of metal restraints on his burn-damaged wrists and ankles, his transfer from one prison to another and his medical treatment at the new prison. We have jurisdiction under 28 U.S.C. § 1291. We review de novo, Sorrels v. McKee, 290 F.3d 965, 969 (9th Cir.2002), and we affirm. The district court properly granted summary judgment on Windham’s deliberate indifference claims because he fai ) (<HOLDING>). Because Windham did not establish that his Options: A. holding that placement in disciplinary segregation does not implicate a liberty interest because it falls within the terms of confinement ordinarily contemplated by a sentence B. holding that a response to a foia request falls within the scope of 3730e4as administrative report provision C. holding that involuntary commitment to a mental hospital is not within the range of conditions of confinement to which a prison sentence subjects an individual D. recognizing that the ninth circuit explicitly has found that administrative segregation falls within the terms of confinement ordinarily contemplated by a sentence E. recognizing that determination of appropriate sentence to be imposed should ordinarily be determined by the trial court on remand rather than at the appellate level

assistant: The best answer is D. recognizing that the ninth circuit explicitly has found that administrative segregation falls within the terms of confinement ordinarily contemplated by a sentence
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: All the covenants and provisions of this Warrant Certificate by or for the benefit of the Company or the Holder shall bind and inure to the benefit of the respective successors and assigns of the Company or the Holder under this Warrant Certificate.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: a trial court may impose consecutive sentences after vacating concurrent sentences in response to a motion to correct illegal sentence, in order to effect the intent of the original sentencing court, as long as the newly-imposed sentences are no longer than the original sentences). After imposition of the sentences below, Farrar also filed a motion to correct sentencing error pursuant to Florida Rule of Criminal Procedure 3.800(b)(2), in which he attempted to raise double jeopardy and statute of limitations challenges to one of the charges. The motion was denied, and Farrar makes the same arguments on appeal. We do not believe that these challenges to Farrar’s underlying convictions are cognizable in a rule 3.800(b)(2) motion. See Rodriguez v. State, 958 So.2d 469 (Fla. 2d DCA 2007) (<HOLDING>); Echeverria v. State, 949 So.2d 331 (Fla. 1st Options: A. holding that conviction did not violate double jeopardy where jury was empaneled and sworn in criminal trial before defendant filed answer to forfeiture complaint B. holding that where a conviction is reversed after trial the double jeopardy clause does not bar a government appeal that if successful would only reinstate the conviction and would not subject defendant to a second trial C. holding trial court properly denied defendant relief under rule 3800b2 where defendant attempted to attack his conviction rather than his sentence with a double jeopardy argument D. holding that a defendant cannot collaterally attack his sentence under 18 usc 3582c2 E. holding that a defendant and his attorney are a single entity with respect to double jeopardy waiver

assistant: The best answer is C. holding trial court properly denied defendant relief under rule 3800b2 where defendant attempted to attack his conviction rather than his sentence with a double jeopardy argument
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: Plourde claims that she has experienced congestion and elevated white blood cell count following the 1999 incident, as well as severe mental distress and trauma. Plaintiffs Andre and Daniele Plourde allege no direct physical injuries, but claim they suffered severe mental distress and trauma and related physical symptoms and illness in connection with that stress. II. Discussion Although subject-matter jurisdiction in this case is predicated on the diversity of the parties, federal evidentiary rules control on the admissibility of an expert’s opinion on injury causation. See, e.g., McCulloch v. H.B. Fuller Co., 61 F.3d 1038, 1042 (2d Cir.1995); Campbell v. Metro. Prop. & Cas. Ins. Co., 239 F.3d 179, 184 (2d Cir.2001); see also Forrestal v. Magendantz, 848 F.2d 303, 305 (1st Cir.1988) (<HOLDING>). Federal Rule of Evidence 702 provides: If Options: A. holding that state substantive rules of decision apply in federal diversity cases B. holding that the federal expert witness compensation rules are in direct conflict with the state rules even when the state rules allow for a greater recovery C. holding that the admissibility of expert testimony was governed by state law D. holding that federal evidentiary rules control on questions of admissibility of expert medical witness testimony even in diversity cases E. holding that federal courts must apply state substantive law in diversity cases

assistant: The best answer is D. holding that federal evidentiary rules control on questions of admissibility of expert medical witness testimony even in diversity cases
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: None of the officers or directors of Company and, to the knowledge of Company, none of the employees of Company is presently a party to any transaction with Company or any Subsidiary (other than for services as employees, officers and directors), including any contract, agreement or other arrangement providing for the furnishing of services to or by, providing for rental of real or personal property to or from, or otherwise requiring payments to or from any officer, director or such employee or, to the knowledge of Company, any entity in which any officer, director, or any such employee has a substantial interest or is an officer, director, trustee or partner, in each case in excess of $120,000 other than (i) for payment of salary or consulting fees for services rendered, (ii) reimbursement for expenses incurred on behalf of Company and (iii) for other employee benefits, including stock option agreements under any equity incentive plan of Company.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: No waiver of any provision of this Agreement shall be effective unless made in writing and signed by the waiving party. The failure of either party hereto to require the performance of any term or obligation of this Agreement, or the waiver by either party of any breach of or non-performance under this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach or non-performance.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: sanction if a “claim or defense constitutes harassment, is groundless and is not made in good faith.” When imposing sanctions pursuant to A.R.S. § 12-349, “the court shall set forth the specific reasons for the award.” A.R.S. § 12-350 (2003). Although federal courts have imposed FR 11 sanctions after a voluntary dismissal pursuant FR 41(a)(1), see, e.g., Cooter, 496 U.S. at 409, 110 S.Ct. 2447 (upholding sanctions pursuant to FR 11); Szabo Food Serv., Inc. v. Canteen Corp., 823 F.2d 1073, 1077, 1084-85 (7th Cir.1987) (to same effect), we need not decide whether the superior court exercised similar authority here as the court did not make the requisite findings to support an award under AR.S. § 12-349. See A.R.S. § 12-350; State v. Richey, 160 Ariz. 564, 565, 774 P.2d 1354, 1355 (1989) (<HOLDING>). Therefore, in order to uphold the award of Options: A. holding trial courts finding that claim was frivolous insufficient to meet statutory requirement that claim constitutes harassment is groundless and not made in good faith B. holding that the district courts good faith finding is reviewed for clear error C. holding error to award statutory sanctions where no evidence of bad faith and attorney did not assert frivolous claim or unfounded position for purposes of delay or harassment D. holding that attorney fees must be awarded where plaintiffs section 1983 claim was unreasonable and groundless E. holding the trial courts simple finding of frivolous to be insufficient to justify an award

assistant: The best answer is A. holding trial courts finding that claim was frivolous insufficient to meet statutory requirement that claim constitutes harassment is groundless and not made in good faith
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: and was merely dumping debris where it was told by the county. ¶ 24. As to the effect of the different contracts, Kelley Brothers and Gregory first argue the unrecorded contract controls because it was the contract Kelley Brothers signed and operated under. While this indeed may be so, we note that the recorded version of the contract also contains the purported signature of Kelley Brother’s president, Jerry, though it appears to be photocopied. And the contract upon which Kelley Brothers relies was apparently not the version attached to the Board’s minutes, bearing the page-number stamp, indicating it was recorded in the minute book. See Mound Bayou Sch. Dist. v. Cleveland, Sch. Dist., 817 So.2d 578, 582 (¶ 12) (Miss.2002) (citing Nichols v. Patterson, 678 So.2d 673, 676 (Miss.1996)) (<HOLDING>). Still, though our curiosity is piqued by the Options: A. holding that the government was not bound by its waivers in three prior contracts B. recognizing that zoning agency bodies are not bound by strict rules of evidence C. holding public bodies may not be bound by contracts without evidence of the contract terms in the minutes D. holding that party was an agent under the plain terms of his contracts E. holding that the court was not bound by the parties agreement that contracts were unambiguous and holding that contracts were ambiguous

assistant: The best answer is C. holding public bodies may not be bound by contracts without evidence of the contract terms in the minutes
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: Upon the occurrence or completion, as applicable, of a Milestone set forth in the payment schedule attached hereto as Exhibit J (the “ Payment Schedule ”), the corresponding portion of the Contract Price shall be due and payable to Supplier (each a “ Milestone Payment ”). Additionally, upon the lapse of each calendar month identified in the Payment Schedule, the progress payment associated with such calendar month shall be due and payable (each a “ Progress Payment ”).

assistant: Payments
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: by the specific language of the charge filed with the agency, but rather, may encompass acts of discrimination which the MCAD investigation could reasonably be expected to uncover.” Davis v. Lucent Technologies, 251 F.3d 227, 233 (1st Cir.2001). Application of the scope-of-the-investigation rule requires a fact-specific inquiry into the similarities between the administrative charge and the civil complaint. See Powers, 915 F.2d at 38 (“claims are cognizable if they are like or reasonably related to the allegations of the charge and grow out of such allegations” (internal quotation omitted)). Additional claims may proceed when they 1) allege the same type of discrimination and 2) are based on the same type of conduct as the administrative charge. See, e.g., Powers, 915 F.2d at 38 (<HOLDING>); Edwin v. Blenwood Associates, 9 F.Supp.2d 70, Options: A. holding that plaintiff who filed administrative charge for racial harassment and discrimination could add claim for retaliation because some of the same facts supported both types of claims B. holding that claimant exhausted administrative remedies only as to the complaints made in the original charge and factually related claims that reasonably could be expected to grow out of the administrative investigation of that charge C. recognizing similar analysis applies to discrimination and retaliation claims D. holding that the same standard applies to claims of discrimination based upon gender and age E. holding that plaintiff could bring generalized civil claims even though administrative charge included only particularized claims since both complaints alleged age discrimination based on similar conduct

assistant: The best answer is E. holding that plaintiff could bring generalized civil claims even though administrative charge included only particularized claims since both complaints alleged age discrimination based on similar conduct
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The parties represent and warrant to each other that there are no brokers involved in this transaction other than Lincoln Property company (“ LPC ”). Landlord shall be responsible for the payment of all fees and commissions to LPC. Except as to LPC which Landlord agrees to pay, each party agrees to indemnify and hold harmless the other party for any claims for any costs, fees or commissions by and broker claiming by or through or under the other party, including but not limited to attorney’s fees incurred in the defense of such claims.

assistant: Brokers
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 must register for our services using accurate data , provide your current mobile phone number , and , if you change it , update this mobile phone number using our in-app change number feature .

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: please see our privacy policy to understand the extent to which any affiliate or third party may have access to your account information or content and our commercial terms to understand our relationship with any reseller or payment processor .

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: all of Ram’s claims except its breach of contract claim per Rule 12(b)(6). However, the court held that the Agreement’s liquidated damages clause would limit Ram’s damages to $1,000. Additionally, although Ram brought claims for the breach of two distinct contracts — first, the sales agreement between Ram and ADT, and second, the UL Certificate certifying that Ram’s security system complied with UL standards— the district court held that the parties had entered into only one contract, as the subsequent document did not impose any new obligations on the parties. Ram did not appeal this particular finding. The parties entered into a final stipulation to dismiss on July 12, 2012, pursuant to Raceway Properties, Inc. v. Emprise Corp., 613 F.2d 656, 657 (6th Cir.1980) (per curiam) (<HOLDING>). The plaintiffs filed a notice of appeal on Options: A. holding that an order was interlocutory in nature despite the trial courts certification of the order as a final appealable judgment B. holding that a disqualification order in a criminal case is not appealable C. holding sanctions order pursuant to district courts inherent powers not immediately appealable D. holding appealable a case dismissed in effect by the district courts order E. holding that trial court did not have jurisdiction to order reinstatement of previously dismissed action and thus reinstatement order was void and of no effect and previous order of dismissal was still in effect

assistant: The best answer is D. holding appealable a case dismissed in effect by the district courts order
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 the Knowledge of Seller, no representation or warranty in this Agreement contains any untrue statement of a material fact or omits to state any statement necessary to make the representations and warranties made herein not misleading in light of the circumstances under which they were made.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Subject to Section 2.2, the term of employment of Executive by Luminex shall be two (2) years commencing on the Effective Date and shall thereafter automatically renew for successive additional one‑year terms unless either party provides the other with written notice of its intent not to renew this Agreement at least sixty (60) days prior to the end of the Term (including any renewal term, as applicable), unless terminated earlier pursuant to the provisions of this Agreement.

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: Except as may be required by applicable law, without the prior written consent of the respective Disclosing Party, the Receiving Party shall not: (b) disclose to any person the fact that Confidential Information and/or CEII/CII have been made available to it; (c) confirm that any investigations, discussions or negotiations are taking place; or (d) disclose any of the terms or conditions with respect to same.

assistant: Yes
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: Promptly upon the reasonable request by the Administrative Agent, or any Lender through the Administrative Agent, the Borrower shall, and shall cause the Subsidiary Guarantors to, (a) correct any material defect or error that may be discovered in the execution, acknowledgment, filing or recordation of any Loan Document, and (b) do, execute, acknowledge, deliver, record, re-record, file, re-file, register and re-register any and all such further acts, deeds, certificates, assurances and other instruments as the Administrative Agent, or any Lender through the Administrative Agent, may reasonably require from time to time in order to (i) carry out the purposes of the Loan Documents, (ii) to the fullest extent permitted by applicable law, subject any Loan Party’s Equity Interests to the Liens granted by the Pledge Agreement to the extent required thereunder and (iii) perfect and maintain the validity, effectiveness and priority of the Pledge Agreement and any of the Liens created thereunder. Notwithstanding the foregoing, neither the Borrower nor any subsidiary shall be required to comply with the provisions of clauses (b)(ii) or (iii) of this Section 5.11 during any Collateral Suspension Period.

assistant: Further Assurances