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: provide just punishment for the offense; (3) the need for the sentence imposed to afford adequate deterrence; (4) the need to protect the public; (5) the need to provide the defendant with educational or vocational training or medical care; (6) the kinds of sentences available; (7) the Sentencing Guidelines range; (8) the pertinent policy statements of the Sentencing Commission; (9) the need to avoid unwanted sentencing disparities; and (10) the need to provide restitution to victims. 18 U.S.C. § 3553(a). 2 . Although Rabanales frames his challenge in terms of procedural and substantive reasonableness, his arguments sound primarily in substantive reasonableness. We therefore only address substantive reasonableness. See United States v. Jemigan, 341 F.3d 1273, 1283 n. 8 (11th Cir.2003) Options: A. holding that the appellant abandoned an issue to which he only made passing references B. holding the appellant was deemed to have abandoned an issue for which he failed to provide any argument or supporting authority C. holding that when an appellant fails to offer an argument on an issue that issue is abandoned D. holding an issue abandoned in a counseled case where although the defendant made passing references to issues in his brief he did not devote a discrete section of his brief to the argument and the references were undertaken as background to claims that he had expressly advanced E. holding that issues are deemed abandoned when the brief only makes a passing references to an issue

assistant: The best answer is A. holding that the appellant abandoned an issue to which he only made passing references
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 EXTENT PERMITTED BY APPLICABLE LAW, EACH LENDER, EACH MANAGING AGENT, THE ADMINISTRATIVE AGENT, THE BORROWER AND THE COLLECTION AGENT EACH WAIVES ANY RIGHT TO HAVE A JURY PARTICIPATE IN RESOLVING ANY DISPUTE, WHETHER SOUNDING IN CONTRACT, TORT, OR OTHERWISE BETWEEN THE PARTIES HERETO ARISING OUT OF, CONNECTED WITH, RELATED TO, OR INCIDENTAL TO THE RELATIONSHIP BETWEEN ANY OF THEM IN CONNECTION WITH THIS AGREEMENT, ANY OTHER FACILITY DOCUMENT, ANY OTHER DOCUMENT DELIVERED PURSUANT HERETO OR THERETO, OR THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY INSTEAD, ANY SUCH DISPUTE RESOLVED IN COURT WILL BE RESOLVED IN A BENCH TRIAL WITHOUT A JURY.

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: sum of those icons or features, copyright protection. Thus the critical question becomes whether the screen display and graphical user interface are protectable as a compilation: whether the selection and arrangement of the icons, the layouts of the windows on the screen, and the dialog boxes which comprise the graphical user interface are themselves protectable as expression. In most cases, while the constituent elements of the user interface or screen display are not independently protectable, the user interface is protectable as a compilation with respect to its “unique selection and arrangement of all these features.” See Apple Computer Inc. v. Microsoft Corporation, 35 F.3d 1435, 1446 (9th Cir.1994); Mitek Holdings, Inc. v. Arce Eng’g Co. Inc., 89 F.3d 1548, 1554 (11th Cir.1996) (<HOLDING>); Engineering Dynamics, Inc. v. Structural Options: A. holding that that choices as to selection and arrangement are entitled to copyright protection only so long as they are made independently B. holding that a user interface here a screen display itself an audiovisual work may be entitled to copyright protection as a compilation C. holding that lprs are entitled to the protection of the equal protection clause D. holding that while the computer program at issue was within the subject matter of copyright the right sought under state law pursuant to a license was not equivalent to the exclusive rights under copyright as such copyright preemption did not apply E. recognizing that patent protection extends to elements not protected adequately by copyright

assistant: The best answer is B. holding that a user interface here a screen display itself an audiovisual work may be entitled to copyright protection as a compilation
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: For calendar years beginning prior to January 1, 2018, an Employee shall be eligible to participate in the Plan on the first day of the calendar quarter that is administratively feasible following the date he or she becomes an Eligible Employee.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: 43(a) of the Tennessee Rules of Criminal Procedure explicitly gives a defendant the right to be present “at every stage of the trial including the impaneling of the jury.” The rule was adopted, with modifications not pertinent here, from Rule 43 of the Federal Rules of Criminal Procedure. State v. Kirk, 699 S.W.2d 814, 818 (Tenn.Crim.App.1985), cert. denied, 475 U.S. 1023, 106 S.Ct. 1215, 89 L.Ed.2d 327 (1986). Rule 43 embodies the protections afforded by the Confrontation Clause of the Sixth Amendment, the right to be present derived from the Due Process Clause of the Fifth and Fourteenth Amendments, and the common law privilege of presence. 8B Moore’s Federal Practice ¶ 43.02[1] (2d ed.1996). Thus, its scope is broader than the constitutional right alone. See, e.g., Gagnon, supra (<HOLDING>). In this case, the Court finds that the Options: A. holding there was no constitutional presumption of juror bias where counsel asked the district court to make an inquiry into potential prejudice because the defendant was black and the prospective jurors were white B. holding that the failure by a criminal defendant to invoke his right to be present at a conference which he knows is taking place between the judge and a juror in chambers constitutes a valid waiver of that right C. holding that defendant acquiesced in inchambers conference occurring in his absence when trial court discussed the subject of the conference and its ruling and neither defense counsel nor defendant raised an objection D. holding that the defendants presence at an in camera conference between the judge defense counsel and a juror regarding the jurors possible bias while not constitutionally mandated was required by rule 43 E. holding that the district court did not abuse its discretion in denying zelinkas motion for a mistrial based upon alleged juror bias noting that the remmer hearing was unhurried and thorough and that defense counsel were permitted to question the jurors and did so at some length

assistant: The best answer is D. holding that the defendants presence at an in camera conference between the judge defense counsel and a juror regarding the jurors possible bias while not constitutionally mandated was required by rule 43
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 Executive shall be eligible to participate in all pension, profit-sharing, group insurance, or other benefit plans on terms and conditions that are no less favorable than those applicable to its other senior officers, but the Company shall not be required to establish any additional such programs or plans and it may modify, interpret or discontinue such plans in its sole discretion. The Executive shall be entitled to four (4) weeks of paid leave per calendar year, and otherwise in accordance with the Company’s policies regarding vacation. The Executive shall be entitled to receive prompt reimbursement for all reasonable expenses incurred by the Executive (in accordance with the policies and procedures from time to time established by the Company for its senior officers) in performing services hereunder.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All representations and warranties made hereunder and in any other Loan Document or other document delivered pursuant hereto or thereto or in connection herewith or therewith shall survive the execution and delivery hereof and thereof. Such representations and warranties have been or will be relied upon by the Administrative Agent and each Lender, regardless of any investigation made by the Administrative Agent or any Lender or on their behalf and notwithstanding that the Administrative Agent or any Lender may have had notice or knowledge of any Default at the time of any Credit Extension, and shall continue in full force and effect as long as any Committed Loan or any other Obligation hereunder shall remain unpaid or unsatisfied or any Letter of Credit shall remain outstanding.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each of the Jaguar Parties represents to the Giants Parties that: (a) it and each of its Subsidiaries has all necessary organizational power and authority to execute and deliver this Agreement (or that the Jaguar Representative has all necessary corporate power and authority to execute and deliver this Agreement on its behalf ) and to perform its obligations hereunder; (b) the execution, delivery and performance of this Agreement and the actions contemplated hereby have been duly and validly authorized by all necessary corporate or other organizational formalities, and no other organizational action is necessary to authorize the execution and delivery by it or on its behalf or that of any of its Subsidiaries; (c) this Agreement has been duly executed and delivered by it and its Subsidiaries (as applicable) and, assuming due and valid authorization, execution and delivery hereof by each of the Giants Parties, is a valid and binding obligation of such Jaguar Party or each such Subsidiary, enforceable against such Jaguar Party or its Subsidiaries in accordance with its terms, except as the enforcement hereof may be limited by (i) bankruptcy, insolvency, reorganization, moratorium or other similar Laws, now or hereafter in effect, relating to creditors’ rights generally and (ii) general principles of equity (regardless of whether enforceability is considered in a proceeding in equity or at Law); (d) neither such Jaguar Party nor any of its Affiliates is party to any agreement, commitment or other arrangement or understanding that imposes any ongoing obligations that would prevent or restrict any Person from entering into or consummating any transaction with Giants or any Giants Subsidiary or any of their respective properties; and (e) the Jaguar Parties have delivered to the Giants Parties a true, correct and complete itemization, in reasonable detail, of all expenses of the Jaguar Parties being reimbursed hereunder pursuant to Section 2.3(a) .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: If the final judgment of a court of competent jurisdiction declares that any term or provision of this Agreement is invalid or unenforceable, the parties hereto agree that the court making the determination will have the power to reduce the scope, duration, or geographic area of the term or provision, to delete specific words or phrases, or to modify or replace any invalid or unenforceable term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Agreement will be enforceable as so modified. The parties further agree that if any part of this Agreement is held by a court of competent jurisdiction to be invalid, illegal or incapable of being enforced in whole or in part by reason of any rule of law or public policy, and cannot be modified in accordance with this Section 7 , such part shall be deemed to be severed from the remainder of this Agreement for the purpose only of the particular legal proceedings in question, and such holding shall not affect the validity of the remainder of this Agreement.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: 1.4 `` skype websites '' means www.skype.com , www.qik.com ( both of which are operated by skype communications sàrl ) and any other websites authorised by skype which link to these terms .

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: Subject to the terms and conditions of this Agreement, the Term Loan is available in up to three disbursements from the Lender between the date of this Agreement and 5:00 p.m. (Eastern Time) on the Commitment Termination Date. The borrowing of the Tem Loan shall be made upon the Borrower’s irrevocable notice to the Lender, given by delivery of the Notice of Borrowing to the Lender. The Notice of Borrowing must be received by the Lender not later than 2:00 p.m. (Eastern Time) one (1) Business Day prior to the requested date of such borrowing. Following receipt of the Notice of Borrowing, subject to the terms and conditions of this Agreement, the Lender shall make the requested funds available to the Borrower not later than 2:00 p.m. (Eastern Time) by wire transfer of such funds, in accordance with instructions provided to the Lender by the Borrower in the Notice of Borrowing. The initial advance of the Term Loan on the Initial Advance Date shall be in a minimum amount of Five Million Dollars ($5,000,000.00) and each subsequent advance of the Term Loan shall be in the minimum amount of Two and One-Half Million Dollars ($2,500,000.00) or, if less, the remaining undrawn amount of the Term Loan Commitment.

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: Subject to the terms of the Plan and this Agreement, the Award shall be deemed vested and earned, and the Shares subject to the Award shall be distributable as provided in Section 7 herein, upon such date or dates, and subject to such conditions, as are described in this Agreement, including Section 2 of Schedule A. Without limiting the effect of the foregoing, the Shares subject to the Award may vest in installments over a period of time, if so provided in Schedule A. The Participant expressly acknowledges that the Award shall vest only upon such terms and conditions as are provided in this Agreement (including but not limited to Schedule A) and otherwise in accordance with the terms of the Plan . Without limiting the effect of the foregoing, the Participant understands and agrees that the Administrator may delay the vesting of the Award (or portion thereof) and the issuance of the underlying Shares in order to comply with Applicable Law or applicable policies of the Company implemented to ensure compliance with such laws (including but not limited to insider trading provisions and the Company's insider trading policy); provided, however, that any such delay in vesting of the Award or issuance of Shares shall not apply to any Shares subject to an effective Rule 10b5-1 trading plan. The Administrator has sole authority to determine whether and to what degree the Award has vested and been earned and is payable and to interpret the terms and conditions of this Agreement and the Plan.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as set forth in the SEC Reports, none of the officers or directors of the Company and, to the knowledge of the Company, none of the employees of the Company is presently a party to any transaction with the 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 the 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 for (i) payment of salary or consulting fees for services rendered, (ii) reimbursement for expenses incurred on behalf of the Company in the ordinary course of business and (iii) other employee benefits, including stock option agreements under any stock option plan of the 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 case excerpt and choose the best holding from the options. Case excerpt: scheme by filing a parallel proceeding before the NLRC complaining about his employment with IPS. The ap-pellees argue that the district court should not exercise jurisdiction because some conduct about which the appellants complain is actually required by Filipino laws and regulations. In their motion to dismiss, the appellees relied heavily upon Section 10 of the Migrant Workers Act to argue that the NLRC has exclusive jurisdiction and is a strong expression of the Philippines’ interest in this case. While Section 10 is one fact that weighs in favor of dismissal insofar as it demonstrates that the Philippines regulates the complained-of activity, contrary to the appellees’ argument, Section 10, alone, does not support dismissal of the appellants’ ease. See Randall, 778 F.2d at 1150 (<HOLDING>). On balance, some evidence relevant to the Options: A. holding that the grant of subject matter jurisdiction in 502e1 is exclusive B. holding that the exclusive jurisdiction provisions of saudi arabias labor law cannot deprive an american court of subject matter jurisdiction rejecting outright the notion that the law of a foreign country can unilaterally curtail the power of our courts to hear a dispute unless some other agreement or treaty requires that result C. holding that the district court had subject matter jurisdiction to hear the petitioners collateral attack under 1331 D. holding that because the contract dispute between the parties in this case constitutes a justiciable matter that is cognizable in our trial courts our courts had subject matter jurisdiction E. holding that the state law of preclusion must be followed even when federal jurisdiction over the subject matter of a claim is exclusive

assistant: The best answer is B. holding that the exclusive jurisdiction provisions of saudi arabias labor law cannot deprive an american court of subject matter jurisdiction rejecting outright the notion that the law of a foreign country can unilaterally curtail the power of our courts to hear a dispute unless some other agreement or treaty requires that result
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: v. Citizens for a Better Env’t, 523 U.S. 83, 102, 118 S.Ct. 1003, 140 L.Ed.2d 210 (1998); Lujan v. Defenders of Wildlife, 504 U.S. 555, 560, 112 S.Ct. 2130, 119 L.Ed.2d 351 (1992); Rivera v. Wyeth-Ayerst Labs., 283 F.3d 315, 318 (5th Cir.2002); see also Michael C. Smith, O’Con-nor’s FEDERAL RULES: ClVIL TRIALS 2007 63 (2007). Plaintiff has not shown that Defendant Midwest Gaming caused it injury, nor that the requested declaratory relief would redress such injury if it had occurred. 2. There must be a real risk of future harm A plaintiff must allege facts from which it appears there is a substantial likelihood that he will suffer injury in the future. There must be a substantial and continuing controversy between two adverse parties. Graham v. Hill, 444 F.Supp. 584, 588 (W.D.Tex.l978)(<HOLDING>). The continuation of the dispute must be Options: A. holding that the case or controversy requirement applies with equal force to actions for declaratory judgment B. recognizing that the case or controversy requirement for standing is no less strict in a declaratory judgment proceeding than in any suit where other relief is sought C. holding that actual controversy requirement is met where there is a substantial controversy between parties having adverse legal interests of sufficient immediacy and reality to warrant the issuance of a declaratory judgment D. holding that if a declaratory judgment will not end the controversy it is not proper E. holding that when the government conceded that a taxpayer has a right to monetary relief a justiciable case or controversy no longer exists and any declaratory interpretation would not be incident to a judgment

assistant: The best answer is B. recognizing that the case or controversy requirement for standing is no less strict in a declaratory judgment proceeding than in any suit where other relief 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 case excerpt and choose the best holding from the options. Case excerpt: alien defendant could be expected to think he was not suffering a penalty when he was rendered deportable and then deprived of any eligibility to seek a waiver of deportation. II. The Supreme Court, however, has long held that deportation is not a punishment, but rather a mere administrative action: A deportation proceeding is a purely civil action to determine eligibility to remain in this country, not to punish_ The deportation hearing looks prospectively to the respondent’s right to remain in this country in the future. Past conduct is relevant only insofar as it may shed light on the respondent’s right to remain. Lopez-Mendoza, 468 U.S. at 1038, 104 S.Ct. at 3483. Therefore, deportation laws are not subject to the Ex Post Facto Clause. See Galvan, 347 U.S. at 531, 74 S.Ct. at 743 (<HOLDING>); Harisiades, 342 U.S. at 594, 72 S.Ct. at 521 Options: A. holding that parole guidelines are subject to the ex post facto clause B. holding that the ex post facto clause does not apply to deportation orders because deportation however severe its consequences has been consistently classified as a civil rather than a criminal procedure C. holding that the supreme courts ex post facto precedents do not clearly establish that amended section 29336 violates the ex post facto clause D. holding retroactive application of idra would violate the ex post facto clause E. holding that the ex post facto clause has no application to deportation

assistant: The best answer is E. holding that the ex post facto clause has no application to deportation
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: Franchisor and Franchisee agrees that this Third Amendment may be executed in any number of counterparts, each of which shall be considered an original, and all of which, when taken together, will constitute one and the same Third Amendment. Franchisor and Franchisee further agree that facsimile or scanned copies of this executed Third Amendment shall have the same force and effect as an original, and shall be fully binding on Franchisor and Franchisee.

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: Purchaser has been furnished with the audited consolidated financial statements of the Company and its Subsidiaries for the most recently competed fiscal year as required by Section 5.1.1 and the unaudited consolidated financial statements of the Company and its Subsidiaries for the most recently competed fiscal quarter as required by Section 5.1.2 . Such financial statements have been prepared in accordance with GAAP, consistently applied, and fairly present the financial condition and the results of operations of the Company and its Subsidiaries, as the case may be, subject, in the case of interim financial statements, to (a) year-end adjustments, which individually and in the aggregate will not be materially adverse, and (b) the absence of footnotes.

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: in a private TCPA claim. See Mims, 132 S.Ct. at 747. Thus, this Court applies federal law to determine whether Plaintiffs claims under the TCPA survive his death. See Vinetz v. Wolpoff & Abramson, L.L.P., No. CV 07-8021, 2009 WL 482299, at *1 (C.D.Cal. Feb. 24, 2009) (“To determine the survival of the cause of action, courts turn to the substantive law controlling the suit.”); see also Sinito v. U.S. Dep’t of Justice, 176 F.3d 512, 513 (D.C.Cir.1999) (“[W]hether a cause of action based on a federal statute survives the death of the plaintiff is a question of federal law.”). . . Under federal common law, the test for survivorship turns on whether the statutory claims at issue are primarily pe nal or remedial in nature. See Estwick v. US.Air Shuttl nc., 638 F.3d 768, 779 (11th Cir.2011) (<HOLDING>); Penzer v. Transp. Ins. Co., 545 F.3d 1303, Options: A. holding that treble damages under the housing and rent act are remedial in nature B. holding that the tcpas treble damages provision is remedial C. holding that treble damages awarded under the civil theft statute are remedial not punitive D. holding that the tcpas 500 statutory damages provision is remedial E. holding treble damages under the civil theft statute are punitive

assistant: The best answer is B. holding that the tcpas treble damages provision is remedial
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: Immediately after giving effect to the Transactions, the Borrower and its Subsidiaries (when taken as a whole on a consolidated basis) will be solvent (as determined in the manner contemplated by Section 3.14 of the Amended Credit Agreement).

assistant: Solvency
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 distribute, and to distribute heroin, in violation of 21 U.S.C. § 846, and three counts of possession with intent to distribute heroin, in violation of 21 U.S.C. § 841(a)(1). We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm. Serrano contends that the district court’s imposition of a 57-month sentence was unreasonable under United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). A sentence is reasonable when the dist d.2d 832 (2006); see also United States v. Mix, 450 F.3d 375, 381 (9th Cir.2006) (amended) (“A district court is not required to refer to each factor listed in § 3553(a).”). Serrano makes three further contentions, all of which are foreclosed by our previous decisions. See United States v. Dupas, 419 F.3d 916, 919-924 (9th Cir. 2005) (<HOLDING>), cert. denied, — U.S. —, 126 S.Ct. 1484, 164 Options: A. holding retroactive application of idra would violate the ex post facto clause B. holding that retroactive application of postbooker remedial scheme does not violate ex post facto principles and that delegating authority to probation officer to assess drug treatment costs is not plain error C. holding that revocation of medical license does not violate the ex post facto clause D. holding that retroactive application of mvra does not violate the ex post facto clause because restitution is not a criminal punishment E. holding that district court did not violate ex post facto clause in applying remedial holding of booker at sentencing

assistant: The best answer is B. holding that retroactive application of postbooker remedial scheme does not violate ex post facto principles and that delegating authority to probation officer to assess drug treatment costs is not plain error
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: as from the actual criminals themselves.” Spano, 360 U.S. at 320-21, 79 S.Ct. 1202. Schneckloth stands equally for the proposition that society’s fundamental sense of “fairness” is a guiding consideration in determining voluntariness. Id. at 225, 93 S.Ct. 2041. For example, it is generally fair in terms of due process for the police to mislead a suspect regarding the extent of evidence then in police possession concerning the offense the suspect knows the police are actually investigating (i.e., intrinsic fabrication). In the confession context, this is the type of police deception that this Court and the United States Supreme Court have previously held does not by itself per se vitiate voluntariness. See, e.g., Frazier v. Cupp, 394 U.S. 731, 739, 89 S.Ct. 1420, 22 L.Ed.2d 684 (1969) (<HOLDING>); Burch v. State, 343 So.2d 831, 833 (Fla.1977) Options: A. holding in a plurality opinion that a confession obtained through a twostep questions first interrogation technique whereby the police deliberately questioned a defendant in custody until that defendant confessed followed by a miranda warning and reiteration of the confession was inadmissible because the police strategy undermined the effectiveness of the miranda warning B. holding that a confession was voluntary despite the fact that an officer falsely told the defendant that physical evidence connected him to the crime C. recognizing that under totality of circumstances test a threat or promise does not render confession inadmissible absent reliance D. holding that the fact that police falsely told defendant that his companion had confessed to the crime under investigation though relevant was insufficient to render otherwise voluntary confession inadmissible E. holding that a police officers lie to defendant about his cousin confessing to the commission of a murder was insufficient in the supreme courts view to make an otherwise voluntary confession inadmissible

assistant: The best answer is D. holding that the fact that police falsely told defendant that his companion had confessed to the crime under investigation though relevant was insufficient to render otherwise voluntary confession inadmissible
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 Individual Borrower nor Operating Lessee will cause or permit any change to be made in its name, identity (including its trade name or names), or its corporate or partnership or other structure unless it shall have first notified Lender in writing of such change at least thirty (30) days prior to the effective date of such change, and shall have first taken all reasonable action required by Lender for the purpose of perfecting or protecting the lien and security interests of Lender pursuant to this Agreement, and the other Loan Documents and, in the case of a change in its structure, without first obtaining the prior written consent of Lender, which consent may be given or denied in Lender’s sole discretion. Upon Lender’s request, each Borrower and Operating Lessee (as applicable) shall, at its sole cost and expense, execute and deliver additional security agreements and other instruments which may be necessary to effectively evidence or perfect Lender’s security interest in the applicable Individual Property as a result of such change. Each Borrower’s and Operating Lessee’s principal place of business and chief executive office, and the place where Borrower and Operating Lessee keeps its books and records, including recorded data of any kind or nature, regardless of the medium or recording, including software, writings, plans, specifications and schematics, has been for the preceding four months (or, if less, the entire period of the existence of Borrower and Operating Lessee) and will continue to be the address of Borrower or Operating Lessee set forth at the introductory paragraph of this Agreement (unless Borrower or Operating Lessee (as applicable) notifies Lender in writing at least thirty (30) days prior to the date of such change). Each Borrower and Operating Lessee shall promptly notify Lender of any change in its organizational identification number. If each Borrower or Operating Lessee does not now have an organizational identification number and later obtains one, it shall promptly notify Lender of such organizational identification number.

assistant: Organizations
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: Hollis signed and acknowledged, because it is prefaced with the following statement: ‘WHEREAS, Lender is unwilling to extend credit to Borrower unless the undersigned, HOLLIS SMITH (the “Guarantor”), shall guarantee payment to Lender of the Obligations, as hereinafter defined....” Furthermore, in its own analysis of this argument, the circuit court found the one-day delay between Hollis’s execution of the $500,000 promissory note on behalf of Brooks and Hollis’s execution of the guaranty agreement in his individual capacity to be immaterial and warrant no further consideration. This, the circuit court reasoned, is because it considered the promissory note and guaranty agreement to be a part of the same transaction. See, e.g., Spreen v. Ruth, 14 Ky. L. Rptr. 154, 19 S.W. 583, 584 (1892) (<HOLDING>). We are inclined to agree with the circuit Options: A. holding that when the holder of a land contract repurchases the land in foreclosure the contract between the parties is effectively canceled and the purchaser is relieved of any unperformed obligations of the contract B. holding that a land sale contract executed on june 24 1887 a conveyance of the land executed on june 281887 and a guaranty executed on july 2 1887 all evidenced the contract between the parties and must be treated as one agreement C. holding that where guaranty and mortgage were not executed simultaneously even a trifling inconvenience to the guarantee constitutes sufficient consideration D. holding that option amount that is 53 of cash sale price on the date agreement was executed reflected a true lease E. holding individual who signed contract on behalf of a corporation is individually liable where he knew corporation was not incorporated at the time the contract was executed

assistant: The best answer is B. holding that a land sale contract executed on june 24 1887 a conveyance of the land executed on june 281887 and a guaranty executed on july 2 1887 all evidenced the contract between the parties and must be treated as one agreement
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: your skype credit balance will be recharged with the same amount and by the same payment method chosen when you first sign up for auto-recharge , unless you subsequently change the amount by accessing your user account .

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: not a judicial determination of the rights of the parties and does not purport to represent the judgment of the court, but merely records the preexisting agreement of the parties ... Hentschel v. Smith, 278 Minn. 86, 86-87, 153 N.W.2d 199, 201 (Minn. 1967). Further, “parties to a consent judgment” generally intend merely to put an end to the litigation at hand, but do not intend the judgment to have binding effect as to the issues raised in collateral, perhaps unforeseen, litigation which may arise in the future ... [but] “a contrary result is appropriate in those exceptional situations in which the parties have manifested their intention that the consent judgment is to have collateral estoppel effect.” Id. (Emphasis added). 58 . In re Miller, 307 Fed.Appx. 785 (5th Cir. 2008) (<HOLDING>); In re Vollbracht, 276 Fed.Appx. 360 (5th Options: A. holding that the party challenging the dischargeability of a debt bears the burden of proving the debt nondischargeable by a preponderance of the evidence B. holding nondischargeable postpetition interest on debt that was determined to be nondischargeable under section 523a2 as obtained by fraud C. holding that the cox bankruptcy court struck a balance too harshly against a creditor when it found that credit card debt could not be found nondischargeable under section 523a2a D. holding intent to preclude can be found by language contained with the stipulated judgment indicating the debt is nondischargeable in bankruptcy E. holding the intent of parties can be inferred from sufficient details contained within the consent judgment indicating the parties understood the consent judgment operated as a final adjudication of the factual issues

assistant: The best answer is D. holding intent to preclude can be found by language contained with the stipulated judgment indicating the debt is nondischargeable in bankruptcy
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 disclosed to the Lenders all agreements, instruments and corporate or other restrictions to which it or any of its Subsidiaries is subject, and all other matters known to it, that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse Effect. None of the reports, financial statements, certificates or other information furnished by or on behalf of the Borrowers to the Administrative Agent or any Lender in connection with the negotiation of this Agreement or delivered hereunder (as modified or supplemented by other information so furnished), taken as a whole, contains any material misstatement of fact or omits to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading; provided that, projected financial information prepared by the Borrower or any of its Subsidiaries is only represented herein as being based on good faith estimates and assumptions believed by such persons to be reasonable at the time made, it being recognized by the Lenders that such projections as to future events are not to be viewed as facts and that actual results during the period or periods covered by any such projections may differ materially from the projected results.

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: The Trustee shall be entitled to such reasonable compensation for its services as may be agreed upon from time to time by the Company and the Trustee and to be reimbursed for its reasonable legal, accounting and appraisal fees, expenses and other charges reasonably incurred in connection with the administration, management, investment and distribution of the Trust Fund. Such compensation shall be paid, and such reimbursement shall be made out of the Trust Fund. The Company agrees to make sufficient contributions to the Trust to pay such amounts owing the Trustee in advance of the due date for such payments in addition to those contributions required by Section 2.1(b).

assistant: Expenses
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 meets this requirement by inherently incorporating within it a showing of detrimental reliance: the deficiency payments themselves. Cf. Chevalier v. Baird Sav. Ass’n, 72 F.R.D. 140, 149 (E.D.Pa.1976) (“In the instant case, the payment of the alleged excess interest charge would be sufficient to satisfy the [Sherman Act] impact requirement. Since, by definition all members of the class have made such a payment, there are no individual questions involved in this aspect of the claim.”). Presumed reliance under civil RICO is generally disfavored outside of certain narrow contexts. The Supreme Court applies presumed reliance, under the fraud-on-the-market theory, in the securities litigation context. See Basic Inc. v. Levinson, 485 U.S. 224, 248, 108 S.Ct. 978, 99 L.Ed.2d 194 (1988) (<HOLDING>). However, “the rationale for the theory — the Options: A. holding that reliance on a material omission may be presumed in a rule 10b5 case B. recognizing presumption C. holding however that a first party insured is not entitled to a rebuttable presumption of harm D. holding that guidelines create a rebuttable presumption E. recognizing a rebuttable presumption of reliance in rule 10b5

assistant: The best answer is E. recognizing a rebuttable presumption of reliance in rule 10b5
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: You will serve as the Executive Vice President of Research and Development and Chief Scientific Officer of the Company. In this role, you will have the duties, authorities and responsibilities commensurate with the duties, authorities and responsibilities that are customarily associated with your position and those that are assigned to you by the Company ’ s President . During the term of your employment with the Company, you will devote your full professional time and efforts to the business activities and o ther activities of the Company, and you will not engage in any outside activities other than those which do not negatively impact or represent a conflict of interest with the performance of your duties with the Company . For clarity, as we have discussed, you may continue to serve on third party advisory boards so long as such service does not negatively impact or represent a conflict of interest with the performance of your duties with the Company.

assistant: Positions
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: Both parties shall agree on any press release related to the signing of this Agreement; provided, however, that either party may release information reasonably deemed necessary by their respective securities counsel under applicable governing laws. Except for the foregoing, UNFI will not (i) use for any reason any name, logo or trademark of Whole Foods Market, Inc., WFM Purchasing or any of their respective affiliates or subsidiaries in any manner suggesting that UNFI has a relationship with Whole Foods Market, Inc., WFM Purchasing or any of their respective affiliates or subsidiaries (ii) issue any press release or make any other statement to the press or authorize any publication to print anything that mentions Whole Foods Market, Inc., WFM or any of their respective affiliates or subsidiaries by name or refers to this Agreement or the transactions contemplated herein or (iii) disclose the content or existence of this Agreement to any third party.

assistant: Publicity
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: 16.4 you represent and warrant that you do not live in a us export-embargoed country or a country designated as a `` terrorist supporting '' country by the united states government , and that you are not on the list of people barred or excluded from the united states .

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: declined to find 1995 sentencing guidelines unconstitutional. The court concluded that it was bound by this precedent. We reverse. The supreme court has now declared the 1995 sentencing guidelines to be unconstitutional. See Heggs v. State, 759 So.2d 620 (Fla.2000). The fact that Bryan filed a prior rule 3.850 motion which did not raise this issue does not preclude him from obtaining relief on this new ground. His prior rule 3.850 motion raised no sentencing issues. His current motion, which only challenges the legality of his sentence, is really a motion to correct illegal sentence pursuant to Florida Rule of Criminal Procedure 3.800(a). It therefore is not barred as successive and does not constitute an abuse of process. See Orosco v. State, 730 So.2d 815 (Fla. 2d DCA 1999) (<HOLDING>). We accordingly reverse and remand for the Options: A. holding that rule 3850 motion was not time barred where the order did not place any time limitation on when the defendant would refile his rule 3850 motion B. holding defendant was not barred from raising sentencing issue in rule 3850 motion by virtue of prior rule 3850 motion which did not raise any sentencing issues C. holding that defendants 3850 motion for postconviction relief was procedurally barred as successive where the defendants current rule 3850 motion is one that could have or should have been raised in his first rule 3850 motion D. holding that an involuntary plea claim is cognizable in a rule 3850 motion E. holding that claims raised on direct appeal are procedurally barred from consideration in a rule 3850 motion

assistant: The best answer is B. holding defendant was not barred from raising sentencing issue in rule 3850 motion by virtue of prior rule 3850 motion which did not raise any sentencing issues