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: 417, 105 S.Ct. 2078. Nevertheless, given the strong potential for an accomplice’s confession that implicates the defendant to unfairly infect the trial if considered as substantive evidence of guilt, and given the lack of otherwise overwhelming evidence of guilt, we have serious concerns that the verdict was substantially influenced by the constitutional error. It is only natural that a juror, upon hearing the out-of-court statements from two admitted participants in the robbery saying that Adamson was involved, would consider those statements in assessing guilt, unless instructed otherwise. Cf. Bruton, 391 U.S. at 135-36, 88 S.Ct. 1620 (describing “extrajudicial statements of a codefendant” as “devastating to the defendant”); see also Vazquez v. Wilson, 550 F.3d 270, 280 (3d Cir.2008) (<HOLDING>). Accordingly, we hold that the error was not Options: A. holding that an inculpatory statement by a declarant was not reliable when he viewed the defendant like an older brother providing a motivation to lie the statement was made only to defense investigators and not to prosecutors the declarant was not under oath had not been read his miranda rights and was not represented by counsel and the declarant ultimately recanted his admission B. recognizing the chance that the jury will credit a nontestifying codefendants incriminating statement and conclude that the statement pointed to the objecting defendant as the offender even though he could not crossexamine the declarant C. holding that testimonial evidence is admissible only if the declarant is unavailable and the defendant had a prior opportunity to crossexamine the declarant D. holding that the introduction of a jointly tried nontestifying codefendants statement violates the sixth amendment confrontation clause if the statement contains incriminating evidence concerning a defendant E. holding that a prior inconsistent statement was admissible and the defendant failed to ask for a limiting instruction that the jury could not use the statement as substantive evidence

assistant: The best answer is B. recognizing the chance that the jury will credit a nontestifying codefendants incriminating statement and conclude that the statement pointed to the objecting defendant as the offender even though he could not crossexamine the declarant
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company shall maintain D&O liability coverage pursuant to which Executive shall be a covered insured. Executive shall receive indemnification in accordance with Mylan N.V’s Articles of Association (the “Articles”) in effect as of the date of this Agreement. Such indemnification shall be contractual in nature and shall remain in effect notwithstanding any future change to the Articles.

assistant: Indemnifications
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 reasonable doubt, while viewing the evidence in the light most favorable to the jury’s verdict and indulging all inferences in favor of upholding that verdict. State v. Segura, 2002-NMCA-044, ¶ 10, 132 N.M. 114, 45 P.3d 54. We do not substitute our judgment for that of the factfinder concerning the credibility of witnesses or the weight to be given their testimony. State v. Riggs, 114 N.M. 358, 362-63, 838 P.2d 975, 979-80 (1992). {9} A person in a “position of authority” is defined under New Mexico law as “that position occupied by a parent, relative, household member, teacher, employer or other person who, by reason of that position, is able to exercise undue influence over a child.” NMSA 1978, § 30-9-10(F); see also State v. Gardner, 2003-NMCA-107, ¶ 38, 134 N.M. 294, 76 P.3d 47 (<HOLDING>); Segura, 2002-NMCA-044, ¶¶ 16-17, 132 N.M. Options: A. holding that assistant principal used position of authority to gain the trust of the victims to obtain the opportunity to touch the victims and to cause them to submit to his unlawful touching B. holding that abuse of trust enhancement applied where defendant had discretion to engage in commodities transactions on victims behalf without victims supervision C. holding that employer controlled the victims will at least in part by using his position as the victims employer D. holding that the circuit court properly allowed the victims schoolteacher to testify as to the victims general reputation for truthfulness E. holding that the offense of sexual battery requires the state prove the victims lack of consent regardless of the victims age and charge the jury on the same

assistant: The best answer is A. holding that assistant principal used position of authority to gain the trust of the victims to obtain the opportunity to touch the victims and to cause them to submit to his unlawful touching
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed in two or more counterparts, each of which when executed shall be deemed to be an original but all of which taken together shall constitute one and the same agreement. Delivery of an executed counterpart of a signature page to this Agreement by facsimile shall be effective as delivery of a manually executed counterpart of this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement is governed by and shall be interpreted according to federal law and the laws of Massachusetts. If state or local law and federal law are Inconsistent, or if state or local law is preempted by federal law, federal law governs. If the Bank has greater rights or remedies under federal law, whether as a national bank or otherwise, this paragraph shall not be deemed to deprive the Bank of such rights and remedies as may be available under federal law.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: deportation. See Moniz, 933 A.2d at 697; Tavarez, 826 A.2d at 944; Figueroa, 639 A.2d at 499. “The possibility of deportation is only a collateral consequence [of a plea] because that sanction is controlled by an agency which operates beyond the direct authority of the trial [justice].” Ducally, 809 A.2d at 474 (quoting State v. Desir, 766 A.2d 374, 376 (R.I.2001)). Additionally, and conclusively, applicant should not be heard to contend that she did not receive notice of the immigration consequences. Before she pleaded, she admitted to the trial justice that she read and understood the Spanish language version of the plea form. The Spanish language plea form clearly warns the defendant about possible immigration consequences that can result from the plea. See Figueroa, 639 A.2d at 499 (<HOLDING>). Because neither counsel, nor for that matter Options: A. recognizing that the applicant received notice from the plea form even though such notice was not required B. holding that notice to supervisor is notice to city C. holding that when counsel was present when a trial date was announced and received written notice of the date even though the client did not receive notice the attorneys knowledge was imputed to the client D. holding that the juvenile received inadequate notice of a hearing modifying his probation because he received no notice of the hearing or the reasons for it E. holding that notice to the attorney of record constitutes notice to the petitioner

assistant: The best answer is A. recognizing that the applicant received notice from the plea form even though such notice was not required
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Any controversy arising out of or relating to this Agreement or Executive’s employment with the Company, whether arising under common or statutory law, and including the arbitrability of any such controversy, will be resolved exclusively by a single neutral arbitrator selected jointly by Executive and the Company, in Seattle, Washington, or such other location as may be mutually agreed upon, in accordance with the Employment Arbitration Rules of the American Arbitration Association as then in effect. The Company will be responsible for the fees and expenses of the arbitrator. Executive and the Company will be responsible for their own attorney’s fees and any other costs occasioned by the arbitration; provided that the arbitrator may award attorneys’ fees and costs to a party when so empowered by law. The arbitrators shall have the authority, in addition to their authority under the Employment Arbitration Rules, to award equitable relief, including injunctive relief. The decision of the arbitrator shall be final and binding upon the parties and all persons claiming under and through them. Judgment on any arbitration award may be entered in any court having jurisdiction. Executive and the Company will have all rights, remedies, and defenses available to them in that arbitration that they would have in a civil action for the issues in controversy. Notwithstanding anything in this Agreement to the contrary, either party may seek preliminary injunctive relief in a court of competent jurisdiction.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: is taken or appropriated and the manner of the taking or the appropriation.” (Citation and punctuation omitted.) Clark v. State. “Under the statute, the phrase ‘regardless of the manner in which the property is taken’ is a catch-all phrase rendering our theft by taking statute broad enough to encompass any other of the myriad and even yet-to-be-concocted schemes for depriving people of their property.” (Punctuation omitted.) Travis v. State. Thus, it is clear that the jury, as well as the trial court, saw Frost’s deposit of the check belonging to APEC as an unlawful taking, rather than appropriation, of McGee’s property. The broadness of the statute authorizes the view that Frost’s deposit of McGee’s check into his own account constituted the taking of his property. Mullen v. State (<HOLDING>). More importantly, there was no variance at Options: A. holding a party to be an initial transferee because she was given legal title to the funds B. holding that theft by taking conviction was supported by evidence of unlawful taking rather than unlawful appropriation of funds where defendant who was given an electronic banking card encoded with the account number of another customer withdrew funds from bank account knowing that she was obtaining funds which did not belong to her and which she had no right to receive C. holding that defendant violated section 4b when she misappropriated pool participant funds by soliciting funds for trading and then trading only a small percentage of those funds while disbursing the rest of the funds to investors herself and her family D. holding that bank had right to set off funds in a customers account against debt that the bank customer had incurred as a surety or guarantor E. holding garnishee bank liable for releasing funds when garnishee knew that funds in garnished account were held in trust for another and did not belong to debtor

assistant: The best answer is B. holding that theft by taking conviction was supported by evidence of unlawful taking rather than unlawful appropriation of funds where defendant who was given an electronic banking card encoded with the account number of another customer withdrew funds from bank account knowing that she was obtaining funds which did not belong to her and which she had no right to receive
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 a Transfer or attempted Transfer is made in violation of this Article 8, the parties engaging or attempting to engage in such Transfer shall be liable to indemnify and hold harmless the Company, the Manager and the other Members from all costs, liabilities and damages that any of such indemnified Persons may incur (including, without limitation incremental tax liability and attorney’s fees and expenses) as a result of such invalid Transfer or attempted Transfer and efforts to enforce the indemnity granted hereby.

assistant: Indemnifications
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: airport statement to support their adverse credibility determinations. Gao testified that he left China because he violated that country’s family planning policy by impregnating his girlfriend when they were underage and unmarried. In contrast, he indicated at his airport interview that he came to the United States because he and his girlfriend fought, and her parents and friends subsequently tried to beat him. While neither the Government nor IJ specifically asked Gao to explain why he omitted the abortion from his airport interview, this was the type of “dramatic” discrepancy that the agency could rely on without first soliciting an explanation from the applicant. See Majidi v. Gonzales, 430 F.3d 77, 81 (2d Cir.2005); see also Xian Tuan Ye v. DHS, 446 F.3d 289, 295-96 (2d Cir.2006) (<HOLDING>). While the airport statement in the instant Options: A. holding that an asylum applicants submission of false documents without an adequate explanation supported adverse credibility findings B. holding that an applicants failure to include any reference to his alleged detention and beating in his 1589 form is a self evident inconsistency that the agency may rely on without first soliciting an explanation C. holding that where the petitioner purported to provide an exhaustive account of the grounds for his claim of asylum that included no reference to his detention and beating this account of persecution was inconsistent with his later testimony before the ij D. holding that the agency may rely on a lack of corroborative evidence where an applicants testimony is not otherwise credible E. holding that an ij need not credit an explanation for an inconsistency unless the explanation would compel a reasonable fact finder to do so

assistant: The best answer is B. holding that an applicants failure to include any reference to his alleged detention and beating in his 1589 form is a self evident inconsistency that the agency may rely on without first soliciting an explanation
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: death claim, II. Discussion A party is entitled to summary judgment only when “there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed. R. Civ. P. 56(a). “Ordinarily, we lack jurisdiction to hear an immediate appeal from a district court’s order denying summary judgment, because such an order is not a final decision.” Shannon v. Koehler, 616 F.3d 855, 860 (8th Cir. 2010) (internal quotation marks omitted). “[B]ut an immediate appeal is appropriate where summary judgment is denied on the grounds of sovereign immunity or qualified immunity, because immunity is effectively lost if a case is erroneously permitted to go to trial.” Argonaut Great Cent. Ins. Co. v. Audrain Cnty. Joint Commc’ns, 781 F.3d 925, 929-30 (8th Cir. 2015) (<HOLDING>). The scope of our review is limited to issues Options: A. holding an order denying a motion for summary judgment is interlocutory and not appealable B. holding that the collateral order doctrine permitted interlocutory review of a denial of a motion for summary judgment under missouris sovereign immunity statute C. holding that the collateral order doctrine allows for immediate appellate review of the denial of an eleventh amendment immunity claim D. holding that as a general rule interlocutory trial court orders rejecting defenses of common law sovereign immunity governmental immunity public official immunity statutory immunity or any other type of immunity are not appealable under the maryland collateral order doctrine E. holding that an interlocutory appeal lies from a denial of summary judgment on a qualified immunity claim

assistant: The best answer is B. holding that the collateral order doctrine permitted interlocutory review of a denial of a motion for summary judgment under missouris sovereign immunity statute
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: NLRB v. Princeton Memorial Hosp., 939 F.2d 174, 178 (4th Cir.1991) (quotations omitted) (ellipses in original). In determining whether the employing entity is administered by individuals responsible to public officials for purposes of the political subdivision exemption, courts and the Board generally consider whether a majority of the employer’s governing body — the governing board and executive officers — is appointed by or subject to removal by public officials. See, e.g., Jefferson County, 732 F.2d at 125-26; Truman Med. Ctr., Inc. v. NLRB, 641 F.2d 570, 573 (8th Cir.1981); Economic Sec. Corp., 299 N.L.R.B. 562, 1990 WL 272722, at *2 & n. 10; Woodbury County Community Action Agency Employer, 299 N.L.R.B. 554, 1990 WL 267415, at *2; see also Princeton Memorial Hosp., 939 F.2d at 179 (<HOLDING>). Courts and the Board also consider whether Options: A. holding that procedural unconscionability existed where a nursing home residents daughter met with the homes administrator for about five minutes during which time she was presented with a thirtyseven page document that included an arbitration clause and instructed that her fathers continued stay in the home was conditioned upon her signing the papers which the administrator flipped through and presented the signature pages B. holding nursing home was political subdivision both because homes directors were responsible to elected officials and because the daytoday administration of center was directly tied to city C. holding that where plaintiffs were entitled to recover both treble damages and punitive damages under the illinois nursing home care reform act both issues could be submitted to the jury and the plaintiff could choose which award to be reflected in the judgment D. holding that although the state regulated and subsidized the nursing homes private parties not state officials made the administrative decisions therefore the decisions could not be treated as state action E. holding that home purchased with spouses separate funds prior to marriage was transmuted into marital property because mortgage payments made from joint account home was used as marital residence and both parties devoted resources and energy into home

assistant: The best answer is B. holding nursing home was political subdivision both because homes directors were responsible to elected officials and because the daytoday administration of center was directly tied to city
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: based on that evidence. State v. Dixon, 880 S.W.2d 696, 699 (Tenn.Crim.App.1992). I fail to see what difference it makes here that the State elected not to contest the motion to suppress. In other words, whether opposed or not, Appellant got exactly what he asked for, suppression of evidence against him. “Bad faith” on the part of the State in this area of the law has heretofore been thought to be the action of intentionally procuring a continuance of the preliminary hearing beyond the 30-day time period of Rule 5(e), Tennessee Rules of Criminal Procedure, for the purpose of presenting the case directly to the grand jury thereby depriving the defendant of a preliminary hearing. See, e.g., Moore v. State, 578 S.W.2d 78 (Tenn.1979); State v. Mackey, 638 S.W.2d 830 (Tenn.Crim.App.1982) (<HOLDING>) A mere failure to contest defense motions Options: A. holding denial of continuance to be an abuse of discretion B. holding it was error for trial court not to grant a continuance when appellant moved in open court to disqualify judge or in the alternative for a continuance to file a proper motion C. holding the immigration judges denial of a continuance request did not constitute an abuse of discretion D. holding that a telephone request to the court for a continuance the day before the trial was to start was a nullity E. holding states failure to oppose a continuance of preliminary hearing at the request of the defense is not bad faith and presentation of case to grand jury during continuance was proper

assistant: The best answer is E. holding states failure to oppose a continuance of preliminary hearing at the request of the defense is not bad faith and presentation of case to grand jury during continuance was proper
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, delivery and performance of this Agreement by Seller does not, and will not, (a) violate any provision of its charter or bylaws or (b) subject to the receipt of the Regulatory Approvals, violate or constitute a breach or contravention of, or default under, (i) any Law to which Seller is subject or (ii) any agreement or instrument of Seller, or by which Seller is otherwise bound, or to which any of the Assets, Assumed Deposits, or Assumed Contracts (except for any required consents under Assumed Contracts in respect of the transactions herein contemplated) or the Branches are subject, which violation, breach, contravention or default could reasonably be expected to, individually or in the aggregate, have a Material Adverse Effect. Seller has all material licenses, franchises, permits, certificates of public convenience, orders and other authorizations of all foreign, federal, state and local governments and governmental authorities necessary for the lawful conduct of its business at the Branches as now conducted and all such licenses, franchises, permits, certificates of public convenience, orders and other authorizations are valid and in good standing and are not subject to any suspension, modification or revocation or proceedings related thereto.

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 case excerpt and choose the best holding from the options. Case excerpt: in an overpayment will not be classified as a VA administrative error or error in judgment if the error is “based on an act of commission or omission by the beneficiary, or with the beneficiary’s knowledge.” 38 U.S.C. § 5112(b)(9); see 38 C.F.R. § 3.500(b)(1); VA Gen. Coun. Prec. 2-90 (Mar. 20, 1990) [hereinafter G.C. Prec. 2-90]. “Knowledge” is “[a]n awareness or understanding of a fact or circumstance; a state of mind in which a person has no substantial doubt about the existence of a fact.” Black’s at 950. A person may have actual or constructive knowledge of a fact, the latter of which is defined as “Knowledge that one using reasonable care or diligence should have, and therefore that is attributed by law to a given person.” Id.; see Bell v. Derwinski, 2 Vet.App. 611, 613 (1992) (<HOLDING>). If fault for an overpayment cannot “clearly Options: A. holding that the secretary at a minimum has constructive knowledge of documents generated by va B. holding that the knowledge requisite to knowing violation of a statute is factual knowledge as distinguished from knowledge of the law C. holding that documents generated by the cia at the specific request of congress were exempt from disclosure as congressional records D. recognizing that duty to warn of dangerous conditions could be based on constructive knowledge of that condition as well as actual knowledge E. holding that constructive knowledge satisfies the reason to know standard

assistant: The best answer is A. holding that the secretary at a minimum has constructive knowledge of documents generated by va
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 there is factually sufficient evidence to support a finding thereon, the trial court, at the request of either party, may after notice and hearing and at any time before the judgment is rendered, make and file written findings on such omitted element or elements in support of the judgment. If no such written findings are made, such omitted element or elements shall be deemed found by the court in such manner as to support the judgment. A claim that the evidence was legally or factually insufficient to warrant the submission of any question may be made for the first time after verdict, regardless of whether the submission of such question was requested by the complainant. Tex.R. Civ. P. 279. 12 . See id. 13 . Id. 14 . See Ramos v. Frito-Lay, Inc., 784 S.W.2d 667, 668 (Tex.1990) (<HOLDING>) (citing Payne v. Snyder, 661 S.W.2d 134, 142 Options: A. holding that when the jury finds facts that are so closely related to the omitted element that no rational jury could find those facts without also finding the omitted element this exercise amounts to the functional equivalent of the omitted element B. holding that we must affirm the jurys verdict against a sufficiency challenge if there is substantial evidence taking the view most favorable to the government to support it internal quotation marks omitted C. holding that the icaos decision should not be disturbed if it is supported by substantial evidence D. holding that error is not harmless if the defendant contested the omitted element and raised evidence to support a contrary finding E. holding that if the omitted element is supported by some evidence we must deem it found against fritolay under rule 279

assistant: The best answer is E. holding that if the omitted element is supported by some evidence we must deem it found against fritolay under rule 279
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: On the Closing Date, upon the terms and subject to the conditions set forth herein, the Company agrees to sell, and the Purchaser agree to purchase 3,750,000 shares of Common Stock (the “ Closing Shares ”). The Purchaser shall deliver to the Company, via wire transfer or a certified check, immediately available funds equal to the Closing Subscription Amount and the Company shall deliver to the Purchaser the Closing Shares within three Trading Days of the Closing Date, and the Company and the Purchaser shall deliver the other items set forth in Section 2.2 deliverable at the Closing. Upon satisfaction of the covenants and conditions set forth in Sections 2.2 and 2.3, but no later than three Trading Days subsequent to the Closing date, the Closing shall occur at the location as the parties shall mutually agree or remotely by exchange of Closing documents.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: 1.1 the airbnb platform is an online marketplace that enables registered users ( `` members '' ) and certain third parties who offer services ( members and third parties who offer services are `` hosts '' and the services they offer are `` host services '' ) to publish such host services on the airbnb platform ( `` listings '' ) and to communicate and transact directly with members that are seeking to book such host services ( members using host services are `` guests '' ) .

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: ripe for adjudication and that the Court should not give an advisory opinion on a hypothetical transaction. When this action was filed, the transactional documents were not in draft form and apparently even now are not in final form. However, the board's resolution authorizing the transaction had been adopted and the Term Sheet set forth the basic framework of the proposed transaction. The validity of the board action (or perhaps, more accurately, whether the supermajority shareholder approval was required) had been questioned. Thus, at that point, there existed a significant question of corporate governance (as opposed to a question seeking the judicial blessing of a complex commercial transaction as it evolved). To have waited until the transaction documents were all in final form (<HOLDING>) would have defeated the purposes of the Options: A. holding that admissions to be binding must be unequivocal and anyway they may be disregarded in the interests of justice B. holding that appellants could have amended as of right after they received the motion to dismiss and prior to the trial courts decision C. holding that pleadings could not be amended where no evidence offered during trial was outside the issues in the original complaint D. holding defendants could not be guilty as parties when the state failed to show they knew the criminality of the conduct they assisted E. recognizing that they could be amended anyway

assistant: The best answer is E. recognizing that they could be amended anyway
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 otherwise provided in Section 9 hereof, Employee and the Company covenant and agree that they shall not engage in any communications which shall disparage one another or interfere with their existing or prospective business relationships. Such communications include, but are not necessarily limited to, remarks, comments, observations, analysis, opinions, statements, whether solicited or unsolicited, written or verbal, which reflect in any manner on the market, operating, financial, communications, people or other business strategies or actions of the Southern Entities, and their officers, directors, employees and agents.

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 legal provision and list the applicable contract clause categories. Provision: This Agreement shall be construed in accordance with, and governed by, the laws of the State of Delaware applicable to contracts made and performed in such jurisdiction and without regard to choice of law principles, to the extent permitted by law.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of a four-and-a-half year period, and for each step, the Government did not present a single email, memorandum, or personnel action form documenting or providing the bases for the agency’s action. Common sense tells us that these repeated reassignments, occurring over a significant span of time, are the types of personnel actions for which papers would normally attach. To be clear, we do not hold today that testimony must be corroborated to support a showing of independent causation, although that is one of potentially many ways that the Government could have made its weak evidentiary showing' stronger in this case. Likewise, we do not accept Mr. Miller’s invitation to view Warden Upton’s testimony as not credible. See Chambers v. Dep’t of Interior, 515 F.3d 1362, 1370 (Fed. Cir. 2008) (<HOLDING>). But even taking the Warden’s testimony at Options: A. holding that the credibility determinations by the board are virtually unreviewable B. holding the boards credibility determinations are virtually unreviewable at this level quoting hambsch v dept of treasury 796 f2d 430 436 fed cir 1986 C. holding that credibility determinations are for the jury D. holding that credibility determinations are reviewed only for substantial evidence E. holding that credibility determinations should not be resolved at the summary judgment stage

assistant: The best answer is B. holding the boards credibility determinations are virtually unreviewable at this level quoting hambsch v dept of treasury 796 f2d 430 436 fed cir 1986
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: 119 S.Ct. at 1171. 31 . Imwinkelried, supra, at 2284-85. 32 . See id. at 2293-94. 33 . 93 F.3d 1337 (7th Cir.1996). 34 . Id. at 1346. 35 . 974 F.Supp. 1198, 1204-05 (C.D.Ill.1997), aff'd, 165 F.3d 1095 (7th Cir.1999). 36 . See, eg., United States v. Shay, 57 F.3d 126, 129-30 (1st Cir.1995) (finding trial court erred in excluding expert testimony regarding defendant's mental condition that caused him to give false confession); United States v. Raposo, 1998 WL 879723, at 5-6 (S.D.N.Y. Dec.16, 1998) (admitting expert testimony on false confessions); Callis v. State, 684 N.E.2d 233, 239 (Ind.App.1997) (affirming trial court's decision to admit, on limited grounds, expert witness testimony regarding police interrogation tactics); State v. Buechler, 253 Neb. 727, 572 N.W.2d 65, 72-74 (1998) (<HOLDING>); State v. Baldwin, 125 N.C.App. 530, 482 Options: A. holding a proffer of testimony is required to preserve the issue of whether testimony was properly excluded by the trial judge and an appellate court will not consider error alleged in the exclusion of testimony unless the record on appeal shows fairly what the excluded testimony would have been B. holding that testimony of defense expert on false confessions properly excluded as not sufficiently reliable C. holding that a trial witnesss testimony as to the credibility of another witness was prejudicial error D. holding that the trial court committed prejudicial error when it excluded expert testimony on false confessions E. holding that the admission of expert testimony was prejudicial where the testimony was pervasive

assistant: The best answer is D. holding that the trial court committed prejudicial error when it excluded expert testimony on false confessions
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 notices and other communications to any Debtor under this Agreement shall be in writing and shall be delivered by hand or overnight courier service, mailed by certified or registered mail or sent by facsimile or telecopier to such Debtor at its chief executive office set forth on Schedule 3.3 or at such other address in the United States, Canada or Luxembourg as may be specified by such Debtor in a written notice delivered to the Administrative Agent at such office as the Administrative Agent may designate for such purpose from time to time in a written notice to the US Borrower.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company may withhold and deduct from any payments made under this Agreement all applicable taxes, including but not limited to income, employment, and social security taxes, as shall be required by applicable law. Employee acknowledges and represents that the Company has not provided any tax advice to Employee in connection with this Agreement and that Employee has been advised by the Company to seek tax advice from Employee’s own tax advisors regarding this Agreement and payments that may be made, and the benefits to be provided, to Employee pursuant to this Agreement, including specifically, the application of the provisions of Section 409A of the Code to such payments.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: if you live in california , you waive california civil code § 1542 , which says : `` a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release , which if known by him or her must have materially affected his settlement with the debtor . ''

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: All notices under this Agreement shall be transmitted to the respective parties, shall be in writing and shall be considered to have been duly given or served when personally delivered to any individual party, or on the first (1st) business day after the date of deposit with an overnight courier for next day delivery, postage paid, or on the third (3rd) business day after deposit in the United States mail, certified or registered, return receipt requested, postage prepaid, or upon the receipt of a fax or an email during normal business hours, addressed in all cases to the party at his or its address set forth below, or to such other address as such party may designate, provided that notices will be deemed to have been given to the Escrow Agent on the actual date received. Any notice, request, demand, claim, or other communication hereunder directing the Escrow Agent to act or to refrain from acting shall include signatures of the authorized representative(s) of the requesting party(ies), and in the case of electronic mail the signature(s) shall be contained on a non-editable attachment (e.g. PDF) to the electronic mail.

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: Except where the failure to do so would not reasonably be expected to result in a Material Adverse Effect, each Loan Party will, and will cause each of its Subsidiaries to, (a) keep and maintain all property material to the conduct of its business in good working order and condition, ordinary wear and tear excepted and except for surplus and obsolete properties, and (b) maintain, with financially sound and reputable insurance companies, insurance on such of its property and in such amounts and against such risks as are customarily maintained by companies engaged in the same or similar businesses operating in the same or similar locations.

assistant: Insurances
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: their fee petition several 2006 settlement letters, which contained estimates of their damages. See ECF No. 167, Ex. 5, 6, 7. The court’s erroneous factual finding, which was based in part on the court’s failure to ascertain whether appellants had provided damages estimates to the defendants, requires remand. The Employers’ response seems to be that appellants’ estimates were for “wildly varying amounts,” Oral Arg. Recording 39:26-39, and did not accurately predict the ultimate verdict of less than $6,000. These arguments fail at the outset because they misconstrue what the district court found, and we, as an appellate court, cannot reimagine the lower court’s factual findings. See, e.g., Icicle Seafoods, Inc. v. Worthington, 475 U.S. 709, 713-14, 106 S.Ct. 1527, 89 L.Ed.2d 739 (1986) (<HOLDING>). The district court’s complaints here were Options: A. recognizing that factual findings were clearly erroneous where the record before the court was simply devoid of any basis for the district courts conclusion B. holding that district courts factual findings for purposes of obstruction enhancement are reviewed for clear error C. holding the court of appeals was mistaken to engage in factfinding rather than simply reviewing the district courts factual findings for clear error D. holding that we review for clear error the bankruptcy courts factual findings E. holding that factual findings in sentencing context are reviewed for clear error

assistant: The best answer is C. holding the court of appeals was mistaken to engage in factfinding rather than simply reviewing the district courts factual findings for clear 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 legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed in several counterparts, each of which shall be deemed to be an original but all of which together will constitute one and the same instrument. A signed copy of this Agreement delivered by facsimile, e-mail or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original signed copy of this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Transactions (a) do not require any consent or approval of, registration or filing with, or any other action by, any Governmental Authority, except (i) such as have been obtained or made and are in full force and effect, (ii) filings and recordings with respect to the Collateral to be made, or otherwise delivered to the Administrative Agent for filing and/or recordation, as of the Effective Date and (iii) those which, if not obtained or made, could not reasonably be expected to have, either individually or in the aggregate, a Material Adverse Effect, (b) will not violate any applicable material law or regulation or the charter, by-laws or other organizational documents of the Company or any of its Subsidiaries or any order of any Governmental Authority which, either individually or in the aggregate, could reasonably be expected to result in a Material Adverse Effect, (c) will not violate or result in a default under any indenture, agreement or other instrument binding upon the Company or any of its Subsidiaries or its assets, or give rise to a right thereunder to require any payment thereunder to be made by the Company or any of its Subsidiaries which, either individually or in the aggregate, could reasonably be expected to result in a Material Adverse Effect, and (d) will not result in the creation or imposition of any Lien (other than Permitted Liens) on any asset of the Company or any of its Subsidiaries.

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 case excerpt and choose the best holding from the options. Case excerpt: prosecution thereof;”) with 19 M.R.S.A. § 721 (West Pamph.1996) ("The court shall consider the following factors when determining an award of alimony: ... B. The ability of each party to pay.”) (emphasis added). 11 . The paraphrase of § 523(a)(15)’s elements set forth in Dressier is an attempt at providing a "straightforward, plausible reading of the section's substance, eliminatfing] the statute’s troublesome triple negative construction.” In re Dressier, 194 B.R. at 300 n. 26 (citing In re Butler, 186 B.R. at 373). The statute's awkward construction has resulted in not a little confusion with respect to burden of proof issues, discussed infra, and, unhappily, with regard to its very substance. Compare Zimmerman v. Soderlund (In re Soderlund), 197 B.R. 742, 747-48 (Bankr.D.Mass.1996) (<HOLDING>) with Woloshin, Tenenbaum & Natalie, P.A. v. Options: A. holding that a debtors right to strip off a wholly unsecured lien is conditioned on the debtors obtaining confirmation of and performing under a chapter 13 plan that meets all of the statutory requirements rather than on a debtors discharge B. holding that a cause of action exists under 523a15 by which a debtors own former divorce attorneys might except from discharge the debtors contractual obligation to them C. holding that debtors liability for payment of the balance owing on three joint credit card accounts assumed by the debtor under a marital dissolution agreement with his former spouse were nondischargeable under 523a15 D. holding nondischargeable a debtors obligation to his former spouse under a divorce decree to assume liability for two joint debts to a third party and stating that 523a15 is intended to cover divorcerelated debts such as those in property settlement agreements E. holding that where an action is brought by the debtors at the initial proceeding the appeal of that action is not a continuing proceeding against the debtors

assistant: The best answer is B. holding that a cause of action exists under 523a15 by which a debtors own former divorce attorneys might except from discharge the debtors contractual obligation to them