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: raised a material issue of fact regarding the objective component of an Eighth Amendment claim. See id. at 1169. The inmate must also allege “that a defendant prison official [has] a culpable state of mind, that he or she acts or fails to act with deliberate indifference to inmate health and safety.” Id. at 1168. Mr. Tennyson’s alleged deprivations fall far short of what our cases require for an Eighth Amendment claim. In Gee we dismissed a prisoner’s Eighth Amendment claim based on the confiscation of his canteen items, a deprivation of hygiene items for approximately 25 hours, and his incarceration in an isolation cell for four weeks as failing to state a plausible claim of a constitutional violation. 627 F.3d at 1192; see also Trujillo, 465 F.3d at 1225 n. 17 (10th Cir.2006) (<HOLDING>); Olson v. Stotts, 9 F.3d 1475, 1477 (10th Options: A. recognizing probable cause as complete defense to a claim of malicious prosecution in new york internal quotation marks and brackets omitted B. holding that the act of slamming is objectively sufficiently serious to state a claim for relief under the eighth amendment alterations and some internal quotation marks omitted C. holding that under massachusetts law a mortgagor has standing to challenge a mortgage assignment as invalid ineffective or void internal quotation marks omitted D. holding the deprivation of the inmates property interest in his mail is not a cognizable constitutional injury given the availability of adequate state postdeprivation remedies under new york law internal quotation marks omitted E. holding prisoners allegations of limited access to employment education housing assignment religious programming recreation time and equipment telephone and commissary did not demonstrate a deprivation of the minimal measure of lifes necessities as required to state an eighth amendment claim internal quotation marks omitted

assistant: The best answer is E. holding prisoners allegations of limited access to employment education housing assignment religious programming recreation time and equipment telephone and commissary did not demonstrate a deprivation of the minimal measure of lifes necessities as required to state an eighth amendment claim internal quotation marks omitted
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 contains all the understandings and agreements between the parties concerning matters set forth in this Agreement. The terms of this Agreement supersede any and all prior statements, representations and agreements by or between the Company and Executive, or either of them, concerning the matters set forth in this Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of government, in its various changes, has never recognized this power as an executive prerogative.’ 15 Md. at 456. The Court in Baltimore said that the Constitution ‘so far from treating ... the appointment power as an inherent executive power, indicates that it belongs where the people choose to place it.’ Id. at 457. Addressing the separation of powers question, the Court concluded: ‘In considering the question as to separation of the departments, we are to bear in mind that the Declaration of Rights is not to be construed by itself, according to its literal meaning; it and the Constitution compose our form of government, and they must be interpreted as one instrument.... The former announces principles on which the government, about to be established, will be based. 1-42 (1897) (<HOLDING>); Warfield v. Com’rs of Baltimore County, 28 Options: A. holding that a states governor and attorney general were not proper defendants when they had no power to enforce the challenged statute B. holding that legislation governing classification of employees in the governors office did not confer certain authority on the governor and lacking this power the governor could not change the legislative will through a set of regulations C. holding that the governor had no power to make the appointment of officer of the school commissioner for cecil county without the consent of the senate when the office was not vacant because the legislature which had created and therefore controlled the office had not delegated that power to the governor D. holding that the governor did not have to obtain the consent of the senate for the appointment of a candidate when the first candidate had been rejected by the senate the senate was not in session at the time that the second candidate was appointed and because the legislature which created and therefore controlled the office did not require by statute that the governor seek the senates approval in those circumstances E. holding that the requirement that the county seek recommendations for appointments to a civil office from a private corporation was not constitutionally repugnant because where the office was created by the legislature the legislature retains the control over that offices method of appointment

assistant: The best answer is C. holding that the governor had no power to make the appointment of officer of the school commissioner for cecil county without the consent of the senate when the office was not vacant because the legislature which had created and therefore controlled the office had not delegated that power to the governor
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: supercell does not claim any ownership rights in your user content and nothing in these terms of service is intended to restrict any rights that you may have to use and exploit your user content .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Newcomb’s holding should not have applied to the facts of Thompson, which (like the present case) involved a mother recording a conversation between her minor children and their father. 8 . This footnote in Thompson is instructive because alleged violations of Title III involving one spouse intercepting a conversation of another spouse would most frequently occur in a manner similar to that which occurred in this case — a recording device attached to a home telephone extension. Although mentioned by the Tenth Circuit, the Extension Phone Exemption was not raised or discussed by the district court on remand. See Thompson v. Dulaney, 838 F.Supp. 1535 (D.Utah 1993). 9 . The Court notes contrary authority from other circuits. See United States v. Murdock, 63 F.3d 1391, 1394, (6th Cir.1995) (<HOLDING>) (listing Tenth Circuit as circuit reaching Options: A. holding that mechanism used in that case a tape recorder connected to extension phones in home did not qualify for the 25105a extension phone exemption B. holding that spying on ones spouse does not constitute use of an extension phone in the ordinary course of business for purposes of title iii C. holding outside context of recording of a minor childs phone conversations that a telephone extension used without authorization or consent to surreptitiously record a private telephone conversation is not used in the ordinary course of business D. holding that use of a pretext phone call did not qualify for protection because the technique is generally known to the public E. holding that the mere passive extension of credit does not constitute any form of reliance

assistant: The best answer is A. holding that mechanism used in that case a tape recorder connected to extension phones in home did not qualify for the 25105a extension phone exemption
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: the conclusion that the Act bars federal jurisdiction in this case. In Blangeres v. Burlington Northern, Inc., 872 F.2d 327, 328 (9th Cir.1989), we held that even an indirect restraint on tax assessment would violate the Act. The employees in Blangeres sought to enjoin the production of certain records of earnings by the employer corporation to the state taxing authorities. The Blangeres court reasoned that the requested injunction would preclude the taxing authorities from taxing the employees because the authorities would not have the information necessary to conduct the assessment. Id. Thus, the Act prohibits relief where it would result in a restraint on tax assessment even though achieved indirectly. Id.; see also Comenout v. State of Washington, 722 F.2d 574, 577 (9th Cir.1983) (<HOLDING>). The Act has been broadly construed in other Options: A. holding that a court may award injunctive relief against a state officer B. holding that eleventh amendment does not bar federal suit against state official for prospective injunctive relief C. holding that the nevada industrial insurance acts exclusive remedy provision did not bar an employees claims for injunctive relief D. holding that judicial immunity was not a bar to awards of attorneys fees and costs or to demands for injunctive relief E. holding that the act may bar claims of unconstitutional arrests searches and seizures in addition to injunctive relief where the gravamen of the complaint involves enforcement of the state tax scheme

assistant: The best answer is E. holding that the act may bar claims of unconstitutional arrests searches and seizures in addition to injunctive relief where the gravamen of the complaint involves enforcement of the state tax scheme
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: jury was not concurred in by each of the jurors, and, this being true, there was no legal verdict.” Indeed, when a poll of the jury discloses that the jury was not a unanimous verdict, the proper procedure is for “the trial court to return the jury to the jury room for further deliberations in an effort to arrive at a unanimous verdict.” And it is not “incumbent upon counsel to move the court for further deliberations.” Following the verdict in th 2d 631) (2004) (punctuation omitted); accord Maddox v. State, 233 Ga. 874, 876 (2) (213 SE2d 654) (1975). 20 Benefield, 278 Ga. at 466. 21 Id. (punctuation omitted); accord Ponder v. State, 11 Ga. App. 60, 61 (74 SE 715) (1912). 22 Benefield, 278 Ga. at 465. 23 Id. at 466. 24 See Wesby v. State, 300 Ga. App. 597, 600 (3) (685 SE2d 495) (2009) Options: A. recognizing that verdict must be affirmed by jury in open court to have force and validity B. holding that upon objection to the form of the verdict trial court did not err in returning jury for further deliberations C. holding that trial court was not required to instruct the jury to continue deliberations because despite jurors initial indication that the verdict was not hers she unequivocally affirmed the verdict in response to additional questions D. holding that the trial judge did not abuse his discretion in declining to instruct the jury regarding a partial verdict where the judges examination of the tentative verdict sheets revealed no indication of jury unanimity E. holding that a courts response given without consulting counsel was not improper because it did not instruct as to the law but merely directed and encouraged the jurors to continue deliberations

assistant: The best answer is C. holding that trial court was not required to instruct the jury to continue deliberations because despite jurors initial indication that the verdict was not hers she unequivocally affirmed the verdict in response to additional questions
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: None of Borrower, any of its Subsidiaries or, any director, officer or employee of Borrower or any of its Subsidiaries, nor to the knowledge of Borrower, any agent or Affiliate of Borrower or any of its Subsidiaries, is a Person that is, or, to the knowledge of Borrower, is owned or controlled by Persons that are, (a) the subject or target of any Sanctions or (b) located, organized or resident in a country or territory that is, or whose government is, the subject of Sanctions. To the best of Borrower’s knowledge, as of the date hereof and at all times throughout the term of this Agreement, including after giving effect to any transfers of interests permitted pursuant to the Loan Documents, none of the funds of Borrower, any Subsidiary or of their Affiliates have been (or will be) derived from any unlawful activity with the result that the investment in the respective party (whether directly or indirectly), is prohibited by applicable law or the Loans are in violation of applicable law.

assistant: Sanctions
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 purposes of the Credit Agreement, the initial notice address of each Term A-3 Facility Lender and Incremental Term A-3 Lender (other than any Term A-3 Facility Lender or Incremental Term A-3 Lender that, immediately prior to the execution of this Third Amendment, is a “Lender” under the Credit Agreement) shall be as set forth below its signature to this Third Amendment.

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: If any term or other provision of this Agreement is invalid, illegal or incapable of being enforced by any rule of law or public policy, all other conditions and provisions of this Agreement shall nevertheless remain in full force and effect so long as the economic or legal substance of the transactions contemplated hereby is not affected in any manner materially adverse to any party. Upon such determination that any term or other provision is invalid, illegal or incapable of being enforced, the parties hereto shall negotiate in good faith to modify this Agreement so as to effect the original intent of the parties as closely as possible in an acceptable manner to the end that transactions contemplated hereby are fulfilled to the fullest extent possible.

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 legal provision and list the applicable contract clause categories. Provision: Except as disclosed in Section 5.9 of the Disclosure Schedules, Seller is (a) in material compliance with all Applicable Laws related to the conduct of the Business in the Ordinary Course of Business or the ownership and use of the Purchased Assets, and (b) not in violation of or in default under any Order or Permit applicable to the Business or the Purchased Assets, and has not received any written notice that it is in such violation or default, in each case where such violation or default would reasonably to be expected to result in a Material Adverse Effect.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed in any number of counterparts and by different parties hereto on separate counterparts, each of which counterparts, when executed and delivered, shall be deemed an original and all of which counterparts, taken together, shall constitute one and the same agreement. Delivery of an executed signature page to this Agreement by facsimile transmission or other electronic image scan transmission shall be as effective as delivery of a manually signed counterpart of this Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: obligations among holders of separate easements, subsection (4)," further explains in part as follows: The holders of separate easement rights to use the same improvements are obligated to contribute to the reasonable costs of repair and maintenance of the portion of the servient estate or the improvements used el v. Hoffman, 219 Pa.Super. 260, 280 A.2d 608, 610 (1971) (declining to impose a sharing rule among easement users who were both dominant and servient tenants of the same easement in a tort case in which the plaintiff fell on that portion of the easement located on the defendant’s property and the defendant sought to join as additional defendants other dominant tenants sharing that easement). 13 . Cf. Thurston Enters., Inc. v. Baldi, 128 N.H. 760, 519 A.2d 297, 302 (1986) (<HOLDING>). 14 . Obviously, in some cases, a party’s use Options: A. holding under basic principles of property law that easement rights are subject to regulation by the forest service as the owner of the servient estate B. recognizing that the dominant easement owner not the servient estate owner bears responsibility for maintaining an easement C. holding that the burden on the servient estate cannot be increased without the consent of the owners of the servient estate and that the owner of the dominant estate to which the appurtenant easement is attached has no power to convey or expand use of that easement in connection with a tract of land owned by another D. holding that the duty to maintain an easement was upon those entitled to its use rather than upon the servient estate E. recognizing that the owner of an easement cannot materially increase the burden of it upon the servient estate quoting crocker v canaan coll 110 nh 384 268 a2d 844 847 1970

assistant: The best answer is E. recognizing that the owner of an easement cannot materially increase the burden of it upon the servient estate quoting crocker v canaan coll 110 nh 384 268 a2d 844 847 1970
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, substantially concurrent with the execution and delivery of this Agreement by the parties hereto, the Company agrees to sell, and the Purchasers, severally and not jointly, agree to purchase, up to an aggregate of $6,425,995 of Shares and Warrants. Each Purchaser’s Subscription Amount as set forth on the signature page hereto executed by such Purchaser shall be made available for “Delivery Versus Payment” settlement with the Company or its designee. The Company shall deliver to each Purchaser its respective Shares and a Warrant as determined pursuant to Section 2.2(a), and the Company and each 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, the Closing shall occur at the offices of EGS or such other location as the parties shall mutually agree. Unless otherwise directed by the Placement Agent, settlement of the Shares shall occur via “Delivery Versus Payment” (“ DVP ”) (i.e., on the Closing Date, the Company shall issue the Shares registered in the Purchasers’ names and addresses and released by the Transfer Agent directly to the account(s) at the Placement Agent identified by each Purchaser; upon receipt of such Shares, the Placement Agent shall promptly electronically deliver such Shares to the applicable Purchaser, and payment therefor shall be made by the Placement Agent (or its clearing firm) by wire transfer to the Company) and the Company shall deliver to each Purchaser a Warrant as determined pursuant to Section 2.2(a), and the Company and each Purchaser shall deliver the other items set forth in Section 2.2 deliverable at the Closing.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: reported, to the office of the State’s Attorney.” 2 . The officer who registered S. Williams as a confidential paid informant testified that because the identities of confidential informants were not centrally computerized, S. Williams’s status as a police informant, while known to some, was not known to all police officers in the Eastern District 3 . The Cou 230 (1989) (in regards to newly discovered evidence, favoring a standard that falls between "probable,” which is less demanding than "beyond a reasonable doubt,” and "might” which is less stringent than probable, and establishing that the inquiry is whether there is a "possibility that the verdict of the trier of fact would have been affected”) (emphasis added); Bowers v. State, 320 Md. 416, 425-427, 578 A.2d 734, 738-739 (1990) (<HOLDING>); Gross v. State, 371 Md. 334, 347, 809 A.2d Options: A. holding petitioner demonstrates actual and substantial prejudice by proving a claim under strickland B. holding petitioner has the burden of proof under the strickland test C. holding that in defining the reasonable probability language in strickland with more precision substantial possibility describes the prejudice standard in strickland D. holding that any reduction in sentence constitutes substantial prejudice for purposes of strickland analysis E. holding regarding sixth amendment prejudice if there is no reasonable possibility that the appellate court would have ruled in his favor there can be no strickland prejudice

assistant: The best answer is C. holding that in defining the reasonable probability language in strickland with more precision substantial possibility describes the prejudice standard in strickland
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 described in the SEC Reports, or as contemplated by this Agreement, 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 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 legal provision and list the applicable contract clause categories. Provision: The Administrator may determine the time or times at which an Award will vest or become exercisable, the terms on which an Award requiring exercise will remain exercisable and the effect of a termination of a Participant’s Employment on Awards then held by the Participant. Without limiting the foregoing, the Administrator may at any time accelerate the vesting or exercisability of an Award, regardless of any adverse or potentially adverse tax consequences resulting from such acceleration. Unless the Administrator expressly provides otherwise, however, the following rules will apply: immediately upon the cessation of the Participant’s Employment, each Award requiring exercise that is then held by the Participant or by the Participant’s permitted transferees, if any, that is then not vested and/or exercisable will terminate, and all other Awards that are then held by the Participant or by the Participant’s permitted transferees, if any, to the extent not already vested will be forfeited.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: neither fitbit , its suppliers , or licensors , nor any other party involved in creating , producing , or delivering the fitbit service will be liable for any incidental , special , exemplary , or consequential damages , including lost profits , loss of data or goodwill , service interruption , computer damage , or system failure or the cost of substitute services arising out of or in connection with these terms or from the use of or inability to use the fitbit service , whether based on warranty , contract , tort ( including negligence ) , product liability , or any other legal theory , and whether or not fitbit has been informed of the possibility of such damage , even if a limited remedy set forth herein is found to have failed of its essential purpose .

assistant: Limitation of liability
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 communications and notices hereunder shall (except as otherwise expressly permitted herein) be in writing and given as provided in Section 9.01 of the Credit Agreement. All communications and notices hereunder to a Guarantor shall be given in care of the 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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: tinder reserves the right to investigate and / or terminate your account without a refund of any purchases if you have misused the service or behaved in a way that tinder regards as inappropriate or unlawful , including actions or communications that occur off the service but involve users you meet through the service .

assistant: Unilateral termination
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: Mile Ltd., 673 F.2d 242, 244 (8th Cir.1982). Some courts have also held that a court of appeals has jurisdiction to vacate a completed inter-circuit transfer if the case was transferred to a court in which it could not have originally been brought, although the mandamus order often involves a request that the transferor court request the case back from the transferee court. See, e.g., Town of N. Bonneville, Wash. v. U.S. Dist. Court, W. Dist. of Wash., 732 F.2d 747, 752 (9th Cir.1984); Farrell v. Wyatt, 408 F.2d 662, 664-65 (2d Cir.1969) (distinguishing between treatment of transfers that are abuses of discretion and those that are beyond the transferor court's power). 7 . See Cheney v. U.S. Dist. Court for Dist. of Columbia, 542 U.S. 367, 381, 124 S.Ct. 2576, 159 L.Ed.2d 459 (2004) (<HOLDING>). 8 . Warrick, 70 F.3d at 740; see also Options: A. holding that to grant a writ of mandamus a court in the exercise of its discretion must be satisfied that the writ is appropriate under the circumstances B. recognizing that the issuance of a writ of mandamus is itself generally a matter of discretion C. holding that notice of condemnation and availability of a state court injunction writ of mandamus and writ of certiorari in an eminent domain case satisfied due process D. holding that common pleas erred in setting aside the writ of execution on the basis that the union erroneously filed a writ of execution instead of filing a writ of mandamus E. holding that a court may grant a writ of mandamus if 1 the petitioner demonstrates that he lacks an adequate alternative 2 the petitioner demonstrates a clear and indisputable right to the writ and 3 the court is convinced that issuing the writ is warranted

assistant: The best answer is A. holding that to grant a writ of mandamus a court in the exercise of its discretion must be satisfied that the writ is appropriate under the circumstances
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: Notwithstanding anything to the contrary in the Plan or the Agreement, the Performance RSUs will not vest and no Shares will be issued to the Participant unless and until all necessary exchange control or other approvals with respect to the Performance RSUs under the Plan have been obtained from the SAFE or its local counterpart (“SAFE Approval”). In the event that SAFE Approval has not been obtained prior to any date(s) on which the RSUs are scheduled to vest in accordance with the vesting schedule set forth in the Agreement, the Performance RSUs will not vest until the seventh day of the month following the month in which SAFE Approval is obtained (the “Actual Vesting Date”). If the Participant’s status as a service provider terminates prior to the Actual Vesting Date, the Participant shall not be entitled to vest in any portion of the Performance RSUs and the Performance RSUs shall be forfeited without any liability to the Company, the Employer or any subsidiary or affiliate of the Company.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: making , sharing or playing unauthorised copies of games , applications , software , add-on content , music , images , videos and other content available via the nintendo account service ; making new versions of digital products or other content available via the nintendo account service ( `` derivatives '' ) ;

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: complaint was dismissable on several grounds it is thus frivolous and Plaintiffs’ counsel knew or should have known that the claims lacked merit and that the case law was adverse to their claims. Courts recognize the severity of sanctions and are thus careful in imposing such drastic measures. Courts are not to use hindsight in determining the frivolity of claims but rather look to what was known at the time of filing. Yet, in cases where it is clear that a party’s attorney should have known that there was absolutely no possibility of prevailing on the merits given the precedent against the claims, sanctions are necessary to deter such counsel from wasting the time and resources of the adversaries as well as of the court. Harbulak v. County of Suffolk, 654 F.2d 194,198 (2d Cir.1981) (<HOLDING>). Here, Plaintiffs’ attorney could easily have Options: A. holding attorney lacked standing to challenge amount of attorney fees awarded plaintiffs not parties to the appeal B. holding that fees should not be awarded where plaintiff also argued a claim under 523a6 C. holding that for a defendant to recoup attorneys fees under 706k of title vii a court must find that the plaintiff litigated his or her claim beyond the point where it became frivolous unreasonable or groundless or where plaintiff acted in bad faith D. holding that attorney fees awarded under the common fund doctrine do not constitute part of a plaintiffs claim against the defendant and cannot be considered for amountincontroversy purposes E. holding that attorney fees must be awarded where plaintiffs section 1983 claim was unreasonable and groundless

assistant: The best answer is E. holding that attorney fees must be awarded where plaintiffs section 1983 claim was unreasonable and groundless
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: had consented in cases of direct appeal to review post-conviction claims of ineffective assistance of trial counsel where a record in the trial court was sufficient to permit appellate review. Id. The court declined Mr. Wheat’s argument and held that the new rule explicitly provides the “exclusive procedure” by which a person may seek relief in the sentencing court for ineffective assistance of counsel, and “failure to file such motion constitutes a complete waiver of the right.” Id. at 157-58. A change to the Rule 29.15 timing requirement does not change its plain language, which continues to provide the exclusive means by which an ineffective assistance of counsel claim may be raised. And this has been confirmed in cases decided since Wheat. See, e.g., Brown, 438 S.W.3d at 506 n.5 (<HOLDING>); State v. Celis-Garcia, 420 S.W.3d 723, 731 Options: A. holding that ineffective assistance of counsel claim was not cognizable on direct appeal because it was not presented under the postconviction procedures set forth in rules2915 or 24035 which allow for the development of a full and complete record B. holding that defendants claim for ineffective assistance of counsel due to a conflict of interest was not cognizable on direct appeal C. holding that to the extent defendants claim is one of ineffective assistance of counsel it is not cognizable on direct appeal and rule 2915 is the exclusive procedure by which a claim of ineffective assistance of counsel can be advanced D. holding that an ineffective assistance of counsel claim must be raised on direct appeal when the facts supporting the claim are presented on the face of the record E. holding that defendant may raise claim of ineffective assistance of counsel on direct appeal only if ineffective assistance is conclusive from the record

assistant: The best answer is A. holding that ineffective assistance of counsel claim was not cognizable on direct appeal because it was not presented under the postconviction procedures set forth in rules2915 or 24035 which allow for the development of a full and complete record
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 withhold any taxes or other amounts with respect to a Participant's Deferred Amounts required to be withheld under federal, state or local law. Such taxes shall be withheld from the Participant's non-deferred compensation to the maximum extent possible with any excess being withheld from the Participant's elected Deferred Amount. Each Participant shall bear the ultimate responsibility for payment of all taxes owed under this Plan.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: that ease were being introduced to show wrongdoing on occasions other than those which were the subjects of the government’s indictment. (The government’s indictment in that case was based on invalid prescriptions issued to undercover officers.) Here, however, there-is no violation of Rule 404(b) because the evidence was not introduced to show that Leal had done something illegal in the past and thus must have been guilty of the current offense. Rather, Leal was indicted partly on the basis of the evidence in those medical records. Moreover, it was Leal, not Dr. Sripinyo, who was on trial, making Jones inapposite. This case is more like United States v. Lash, 937 F.2d 1077, 1087 (6th Cir.), cert. denied sub nom. Ross v. United States, 502 U.S. 949, 112 S.Ct. 397, 116 L.Ed.2d 347 (1991) (<HOLDING>). The medical records in-this case could have Options: A. holding there was no rule 404b violation where the evidence was admitted to show knowledge and knowledge was an element of the crime charged B. holding that admission of rule 404b evidence was proper C. holding that the knowledge requisite to knowing violation of a statute is factual knowledge as distinguished from knowledge of the law D. holding that by including a knowledge element in two sections of a statute the legislature demonstrated that it knew how to express its intent to require a knowledge element rendering the absence of the element in another statute supportive of the inference that the legislature did not intend for there to be a knowledge element E. holding admission of prior conviction under rule 404b appropriate where it was necessary to prove knowledge and a limiting instruction was given

assistant: The best answer is A. holding there was no rule 404b violation where the evidence was admitted to show knowledge and knowledge was an element of the crime charged
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 disclosed in Schedule 3(f), since December 31, 2015, the Company has filed all reports, schedules, forms, statements and other documents required to be filed by it with the SEC pursuant to the reporting requirements of the 1934 Act (all of the foregoing filed prior to the date hereof and all exhibits included therein and financial statements and schedules thereto and documents incorporated by reference therein being hereinafter referred to as the “ SEC Documents ”). As of their respective dates (except as they have been correctly amended), the SEC Documents complied in all material respects with the requirements of the 1934 Act and the rules and regulations of the SEC promulgated thereunder applicable to the SEC Documents, and none of the SEC Documents, at the time they were filed with the SEC (except as they may have been properly amended), contained any untrue statement of a material fact or omitted to state a material fact required to be stated therein or necessary in order to make the statements therein, in light of the circumstances under which they were made, not misleading. As of their respective dates (except as they have been properly amended), the financial statements of the Company included in the SEC Documents complied as to form in all material respects with applicable accounting requirements and the published rules and regulations of the SEC with respect thereto. Such financial statements have been prepared in accordance with generally accepted accounting principles, consistently applied, during the periods involved (except (i) as may be otherwise indicated in such financial statements or the notes thereto or (ii) in the case of unaudited interim statements, to the extent they may exclude footnotes or may be condensed or summary statements) and fairly present in all material respects the financial position of the Company as of the dates thereof and the results of its operations and cash flows for the periods then ended (subject, in the case of unaudited statements, to normal year-end audit adjustments). Except as disclosed in Schedule 3(f) or routine correspondence, such as comment letters and notices of effectiveness in connection with previously filed registration statements or periodic reports publicly available on EDGAR, to the Company’s knowledge, the Company or any of its Subsidiaries are not presently the subject of any inquiry, investigation or action by the SEC.

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 legal provision and list the applicable contract clause categories. Provision: This Award Agreement and the Plan together constitute the entire agreement and supersede all prior understandings and agreements, written or oral, of the parties hereto with respect to the subject matter hereof. The Plan may be amended pursuant to Section 8.6 of the Plan. This Award Agreement may be amended by the Board from time to time. Any such amendment must be in writing and signed by the Corporation. Any such amendment that materially and adversely affects the Participant’s rights under this Award Agreement requires the consent of the Participant in order to be effective with respect to the Award. The Corporation may, however, unilaterally waive any provision hereof in writing to the extent such waiver does not adversely affect the interests of the Participant hereunder, but no such waiver shall operate as or be construed to be a subsequent waiver of the same provision or a waiver of any other provision hereof.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Administrative Agent shall have received, with respect to the Borrower and its Subsidiaries, audited Consolidated balance sheets and related Consolidated statements of income, shareholder’s equity and cash flows for the Fiscal Year ended September 30, 2016 and unaudited Consolidated balance sheets and related Consolidated statements of income, shareholder’s equity and cash flows for each fiscal quarter ended after September 30, 2016, other than (i) for the fiscal quarter ended September 30, 2017 or (ii) for any fiscal quarter ended less than 45 days prior to the Closing Date.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: under no circumstances will yahoo be liable in any way for any content , including , but not limited to , any errors or omissions in any content , or any loss or damage of any kind incurred as a result of the use of any content posted , emailed , transmitted or otherwise made available via the yahoo services .

assistant: Limitation of liability
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: Amendment. Bylinski v. Allen Park, 169 F.3d 1001 (6th Cir.1999); cert. denied, 527 U.S. 1037, 119 S.Ct. 2396, 144 L.Ed.2d 796 (1999). 12 . At the time of the writing of this Opinion, it is not clear as to whether the Court’s holding in Pohutski and Jones applies to the cases before me. 13 . The district courts shall have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States. 28 U.S.C. § 1331 14 . Plaintiffs contend that removal is only proper when jurisdiction existed at the time of removal. This argument is misleading. While removal on the basis of diversity of jurisdiction requires that complete diversity existed at the time of removal (see, e.g., Jerome-Duncan, Inc. v. Auto-By-Tel, L.L.C., 176 F.3d 904, 907 (6th Cir.1999) (<HOLDING>)), there is no such requirements for removal Options: A. holding that in order for a defendant to remove a case to federal court based upon diversity jurisdiction there must be complete diversity of citizenship both at the time that the case is commenced and at the time that the notice of removal is filed B. holding that because there was complete diversity when the action commenced diversity jurisdiction was not defeated by the addition of a nondiverse plaintiff which was not indispensable C. holding that the district court erred in not determining whether the amount in controversy necessary to create diversity jurisdiction was met at the time of removal D. holding that the court of appeals in applying state law on appeal of a diversity action must apply law of the state as it existed at the time of its decision rather than as it stood at the time the case was decided in district court E. holding that although the question of diversity jurisdiction is distinct from that of immunity the analysis of citizenship determinations for eleventh amendment immunity and diversity jurisdiction are the same

assistant: The best answer is A. holding that in order for a defendant to remove a case to federal court based upon diversity jurisdiction there must be complete diversity of citizenship both at the time that the case is commenced and at the time that the notice of removal is filed