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: Campaign Comm., 454 U.S. 27, 34-35, 102 S.Ct. 38, 43-44, 70 L.Ed.2d 23 (1982) (Congress' failure to disapprove regulation is an "indication that Congress does not look unfavorably” upon the FEC's construction of FECA). 7 . Even after the FEC’s issuance of these opinions, Congress has not acted to modify the definition of the term "contribution.” 8 . Sun-Diamond contends that even if Congress intended to prohibit post-election contribution, FECA is void for vagueness. However, because FECA and the FEC opinions and cases that interpret it, provided Sun-Diamond with sufficient notice of the prohibited conduct, the statute is not void for vagueness as it relates to Sun-Diamond’s conduct. See Connally v. Gen'l Construction, Co., 269 U.S. 385, 391, 46 S.Ct. 126, 127, 70 L.Ed. 322 (1925) (<HOLDING>). 9 . See 2 U.S.C. § Options: A. holding that ajbsent conclusive evidence of congressional intent as to the penal nature of a statute these factors must be considered in relation to the statute on its face B. holding that penal statutes are to be strictly construed in favor of the persons sought to be subjected to their operation C. holding that a statute must not be given the one of two reasonable interpretations which will render it unconstitutional D. holding that the terms of a penal statute creating a new offense must be sufficiently explicit to inform those who are subject to it what conduct on their part will render them liable to its penalties E. recognizing that because the drafters of the connecticut penal code relied heavily upon the penal code of new york it is appropriate to look to new york statutory and case law for guidance in interpreting connecticut penal code

assistant: The best answer is D. holding that the terms of a penal statute creating a new offense must be sufficiently explicit to inform those who are subject to it what conduct on their part will render them liable to its penalties
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company has no plans to use the proceeds of the Offering to (i) make a loan or any other payment to the Company’s officers, managers or Affiliates, except in the ordinary course of business for services performed (e.g., salary) or reimbursement of business expenses in accordance with the Company’s policies and procedures or (ii) pay any personal expenses of the Company’s officers, managers or Affiliates.

assistant: Use Of Proceeds
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 provision contained in this Agreement shall for any reason be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision of this Agreement, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein, unless the invalidity of any such provision substantially deprives either Party of the practical benefits intended to be conferred by this Agreement. Notwithstanding the foregoing, any provision of this Agreement held invalid, illegal, or unenforceable only in part or degree shall remain in full force and effect to the extent not held invalid or unenforceable, and the determination that any provision of this Agreement is invalid, illegal, or unenforceable as applied to particular circumstances shall not affect the application of such provision to circumstances other than those as to which it is held invalid, illegal, or unenforceable.

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: Other than consummating the transactions contemplated hereunder, such Purchaser has not directly or indirectly, nor has any Person acting on behalf of or pursuant to any understanding with such Purchaser, executed any purchases or sales, including Short Sales, of the securities of the Company during the period commencing as of the time that such Purchaser first received a term sheet (written or oral) from the Company or any other Person representing the Company setting forth the material terms of the transactions contemplated hereunder and ending immediately prior to the execution hereof . Notwithstanding the foregoing, in the case of a Purchaser that is a multi-managed investment vehicle whereby separate portfolio managers manage separate portions of such Purchaser’s assets and the portfolio managers have no direct knowledge of the investment decisions made by the portfolio managers managing other portions of such Purchaser’s assets, the representation set forth above shall only apply with respect to the portion of assets managed by the portfolio manager that made the investment decision to purchase the Securities covered by this Agreement. Other than to other Persons party to this Agreement, such Purchaser has maintained the confidentiality of all disclosures made to it in connection with this transaction (including the existence and terms of this transaction). Notwithstanding the foregoing, for avoidance of doubt, nothing contained herein shall constitute a representation or warranty, or preclude any actions, with respect to the identification of the availability of, or securing of, available shares to borrow in order to effect Short Sales or similar transactions in the future.

assistant: Confidentiality
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 contained herein, the following provisions shall survive any expiration or termination of this Agreement: Articles 9, 14, 15, 16, and 17 and Sections 1.1, 8.11, 8.12, 8.14, 12.1, and 12.2. Except as set forth in this Article XV or otherwise expressly set forth herein, upon termination or expiration of this Agreement all other rights and obligations of the Parties shall cease.

assistant: Survival
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 the contents of its own policy ... In addition, notice of facts which would cause a reasonable person to inquire further im poses a duty of investigation upon the insurer, and failure to investigate constitutes a waiver of all powers or privileges which a reasonable search would have uncovered. Steptore, 643 So.2d at 1216. If a policy requires an insurer to defend a claim, then the insurer must do so, even if it ultimately may not be liable under the policy. Peavey Company v. M/V ANPA, 971 F.2d 1168, 1175 (5th Cir.1992). An insurer can supply its insured with a defense and simultaneously contest its obligation to provide coverage by reserving its right to refuse coverage in a timely manner. Id. An insurer that tardily reserves its rights waives defenses to coverage. Id. at 1175-76 (<HOLDING>). a. The Johnson Lawsuit It is undisputed that Options: A. holding that insurer who after being told of occurrence contacted insureds attorney for information should have issued reservation of rights letter within a reasonable time after it was informed of the occurrence B. holding that the insurer was estopped from asserting coverage defenses when it waited to file a declaratory action until 10 months after it had notice of the claim and several months after it had notice of a potential settlement of the underlying litigation C. holding that insurer that waited five months after being informed of occurrence and two months after being informed of suit against insured to deliver reservation of rights letter waived its noncoverage defense D. holding that an insured waited unreasonably long in first notifying an insurer of a lawsuit five months after its filing E. holding despite a reservation of rights that when the insurer provides a defense to its insured the insured has no right to interfere with the insurers control of the defense and a stipulated judgment between the insured and the injured claimant without the consent of the insurer is ineffective to impose liability upon the insurer

assistant: The best answer is C. holding that insurer that waited five months after being informed of occurrence and two months after being informed of suit against insured to deliver reservation of rights letter waived its noncoverage defense
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: Guidelines clearly requires a connection between the occupational restriction and the underlying offense for which the defendant was convicted. Mr. Turner pleaded guilty to defrauding three financial institutions with which he held checking accounts through his roofing business. After his initial sentencing, he failed to provide information about his business activities to the probation officer in violation of the terms of his supervised release. Based on these connections, the district court acted well within its discretion when it concluded that Mr. Turner’s occupation as a self-employed roofer bears “a reasonably direct relationship” to his offense of bank fraud, as required by 18 U.S.C. § 3583(d) and U.S.S.G. § 5F1.5(a). See United States v. Smith, 332 F.3d 455, 461 (7th Cir.2003) (<HOLDING>); cf. Erwin, 299 F.3d at 1232-33 (holding that Options: A. holding that the connection between defendants employment as a truck driver and his crime of theft of interstate freight was sufficiently obvious for purposes of ussg 5f15al B. holding that the hobbs act did not apply to the robbery of a computer company executive in his home even though the crime may have prevented him from getting to work or making busi ness calls because his only connection with interstate commerce was his employment by a business engaged in interstate commerce C. holding mailing a threatening letter was a crime of violence for the purposes of ussg 4b11 D. holding that theft from the person is not a crime of violence E. holding that 215 is categorically a crime of violence for purposes of ussg 2l12

assistant: The best answer is A. holding that the connection between defendants employment as a truck driver and his crime of theft of interstate freight was sufficiently obvious for purposes of ussg 5f15al
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: If the Grantee's service with the Company or an Affiliate terminates for any reason at any time before all of his or her Restricted Stock has vested, the Grantee's unvested Restricted Stock shall be automatically forfeited upon such termination of service and neither the Company nor any Affiliate shall have any further obligations to the Grantee under this Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: v. N. County Transit Dist., 292 F.3d 1049, 1062 (9th Cir.2002); Sherrod, 132 F.3d at 1117; Magruder v. Scope Servs., Inc., 287 F.Supp.2d 628, 630 (W.D.N.C.2003); Ayers, 918 F.Supp. at 146; Bearden v. PNS Stores, Inc., 894 F.Supp. 1418, 1424 (D.Nev.1995). Lunsford did not timely raise this defect in this case. Rather, the issue was raised sua sponte by the Magistrate Judge. The Fourth Circuit, along with all other circuits that have examined the issue, have held “that a district court is prohibited from remanding a case sua sponte based on a procedural defect absent a motion to do so from a party.” Ellenburg v. Spartan Motors Chassis, Inc., 519 F.3d 192, 198 (4th Cir.2008); accord Kelton Arms Condominium Owners Ass’n, Inc. v. Homestead Ins. Co., 346 F.3d 1190, 1193 (9th Cir.2003) (<HOLDING>); Whole Health Chiropractic & Wellness, Inc. v. Options: A. holding that the district court cannot remand sua sponte for defects in removal procedure B. holding that there should be a sua sponte remand for want of removal jurisdiction where the premise for removal of the state court proceeding was the state courts alleged violation of fourteenth amendment due process rights C. holding that the fourth circuit has jurisdiction to review a district courts sua sponte remand order even when that remand order is styled as a remand for lack of subject matter jurisdiction if the order was in fact based on the procedural insufficiency of the notice of removal D. recognizing that a district court may sua sponte dismiss a complaint for failure to serve after notice to the plaintiff E. holding that the district court had no right to apply the statute of limitations sua sponte because it had been waived

assistant: The best answer is A. holding that the district court cannot remand sua sponte for defects in removal procedure
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: Mr. Mulder asserts that the VA violated its Duty to Notify and Assist by failing to adequately investigate Mr. Mulder’s assertions that his sentence has been vacated. Although Mr. Mulder did inform the VA that his sentence was repeatedly vacated during his post-conviction proceédings, he never claimed — nor could he have — that his conviction had been overturned or that he had been released from custody. In fact, each- of his letters to the VA originated from a correctional facility. In any event, changes in sentence do not warrant resumption of benefits under § 5313(a)(1). A veteran’s compensation reduction does not end until the incarceration ends. The VA therefore had no obligation to conduct any further investigation. See Robinson v. Shinseki, 557 F.3d 1355, 1361 (Fed.Cir.2009) (<HOLDING>). CONCLUSION We have considered the remaining Options: A. recognizing that the right does not extend to committing perjury B. holding that a federal court may adjudicate claims for which there is no independent basis for subject matter jurisdiction if the nonjurisdictional claims are related to other claims for which the does have jurisdiction C. holding that the tucker acts waiver of sovereign immunity for contract claims does not extend to claims for contracts implied in law D. holding that the vas obligation to assist and read filings in a liberal manner does not extend to claims which have no support in the record E. holding that the tucker acts waiver does not extend to statutory claims

assistant: The best answer is D. holding that the vas obligation to assist and read filings in a liberal manner does not extend to claims which have no support in the 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: During the Standstill Period, neither the Company nor IVA shall in any manner, directly or indirectly, make, or cause to be made, any statement, announcement or disclosure negatively commenting upon the Company, IVA or any of IVA’s affiliates (including through any press release or other publicly available format, the filing or furnishing of any document or report with any regulatory or governmental agency or stock exchange, any Internet posting, or any public or private disclosure to any journalist or member of the media (including in a television, radio, newspaper, online, magazine or other interview, regardless of format), shareholder, securities analyst or other person); provided, that neither the Company nor IVA shall be deemed in breach of this Section by virtue of an unpremeditated, private, informal remark that is not part of any coordinated communication or campaign and is not intended or designed to circumvent, directly or indirectly, the restrictions contemplated by this Section.

assistant: Non-Disparagement
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 of the terms of this Agreement, as amended from time to time, shall be binding upon, inure to the benefit of and be enforceable by the respective successors and assigns of the Company, Purchaser and Escrow Agent.

assistant: Binding Effects
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: Employee has carefully read and fully understands all of the terms of this Agreement. Employee agrees that this Agreement sets forth the entire agreement between the Company and Employee regarding all issues involving his/her termination of employment except that it does not replace or alter in any way any obligations Employee owes to the Company under applicable laws, or owed under any agreements regarding confidentiality, non-disclosure, non-solicitation, non-competition, duties of loyalty or fiduciary duty, to the extent that such obligations are not in conflict with, or inconsistent with, Employee's obligations under this Agreement. Applicable laws may include, but are not limited to, state laws protecting company trade secrets or other confidential information.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: it also contains an agreement to arbitrate , which will , with limited exception , require you to submit claims you have against us or our agents to binding and final arbitration , unless you opt out of the agreement to arbitrate ( see legal disputes , section b ( `` agreement to arbitrate '' ) ) .

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: Employee agrees that he shall continue to serve the Company as Chief Financial Officer until the Employment Termination Date (as defined below) or such earlier time as the Board of Directors determines. Prior to the Employment Termination Date and during the period from the date hereof through and including the Employment Termination Date, Employee shall serve as the Chief Financial Officer and during such time shall be responsible for such duties and responsibilities as are commensurate with such position, including, without limitation, the duties and responsibilities as the Board of Directors and Chief Executive Officer may from time to time reasonably assign to Employee. Employee shall devote substantially all of his working time and efforts during the Company’s normal business hours to the business and affairs of the Company and its subsidiaries and to the diligent and faithful performance of the duties and responsibilities duly assigned to him pursuant to this Agreement. Employee will be deemed to be in breach of this Agreement and subject to termination for Cause (as defined herein), and Employee will receive no benefits and be terminated without further payments or benefits beyond the date of termination pursuant to the express provisions of this Agreement, in the event of material failure to perform the duties and responsibilities as set forth herein. The failure by the Employee to certify to the Company’s Form 10-K, as defined below under Section 302 of the Sarbanes-Oxley Act of 2002 (the “SOX Certification”).

assistant: Duties
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 terminate upon the earliest to occur of (i) the Closing (ii) the date on which the Investment Agreement is terminated in accordance with its terms and (iii) June 30, 2016.

assistant: Terminations
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 counterparts, each of which shall be deemed an original, but all of which when taken together shall constitute one and the same instrument. Facsimiles, e-mail transmission of .pdf signatures or other electronic copies of signatures shall be deemed to be originals.

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: Upon the terms and subject to the conditions set forth in this Agreement, each of the parties agrees to use commercially reasonable efforts to take, or cause to be taken, all actions, and use commercially reasonable efforts to do, or cause to be done, and to assist and cooperate with the other parties in doing, all things necessary, proper or advisable to consummate and make effective, in the most expeditious manner reasonably practicable, the transactions contemplated by this Agreement and to use commercially reasonable efforts to obtain satisfaction or waiver of the conditions precedent to the consummation of the transactions contemplated hereby and the Related Documents, including (a) obtaining all of the necessary actions or nonactions and Consents from Governmental Authorities and the making of all filings and the taking of all steps as may be necessary to obtain an approval or waiver from, or to avoid an Action, investigation or proceeding by, any Governmental Authority, (b) at the Seller’s sole expense (which expense shall be considered Selling Expenses hereunder), obtaining the Consents from third parties identified on Schedule 6.5 , (c) the defending of any Actions and investigations, whether judicial or administrative, challenging this Agreement or any of the Related Documents or the consummation of the transactions contemplated hereby and thereby, including seeking to have any stay or temporary restraining order entered by any court or other Governmental Authority vacated or reversed, and (iv) the execution and delivery of any additional instruments necessary or advisable to consummate the transactions contemplated by, and to fully carry out the purposes of, this Agreement and the Related Documents.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: light most favorable to the party opposing summary judgment. See Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). The nonmoving party must, however, identify sufficient evidence that would require submission of the case to the jury, and factual disputes about immaterial matters are irrelevant to a summary judgment determination. See id. at 248-49. We affirm for substantially the same reasons set forth by the district court in its comprehensive and well-reasoned decision. The evidence, viewed in the light most favorable to the plaintiff, does not support a reasonable inference that he was subjected to unnecessary and wanton infliction of pain, see Whitley v. Albers, 475 U.S. 312, 320, 322, 106 S.Ct. 1078, 89 L.Ed.2d 251 (1986), nor does i 1993) (<HOLDING>). The judgment of the district court is Options: A. holding that although pro se litigants are entitled to liberal construction of their pleadings pro se litigants must follow procedural rules B. recognizing that although pro se litigants are not entitled to greater rights than represented litigants due process principles permit the imposition of a procedural bar only after consideration of the pro se litigants reasonable expectations about what had occurred C. holding that although pro se briefs are liberally construed even pro se litigants must brief arguments in order to preserve them D. holding that rule 56f applies to pro se litigants E. holding that although a pro se litigants pleadings are construed liberally a pro se litigant must still follow the same rules that govern other litigants including the requirement of constructing and supporting arguments with legal authority

assistant: The best answer is D. holding that rule 56f applies to pro se litigants
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 option is granted pursuant to the Plan, a copy of which the Optionee acknowledges having received. The provisions of the Plan are incorporated into this Agreement by this reference. Capitalized terms are defined in Section 15 of this Agreement or in the Plan.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: L.Ed.2d 346 (1976) (commercial speech “does ‘no more than propose a commercial transaction’ ”), quoting Pittsburgh Press Co. v. Human Relations Comm’n, 413 U.S. 376, 385, 93 S.Ct. 2553, 2558-59, 37 L.Ed.2d 669 (1973); Board of Trustees of the State University of New York v. Fox, 492 U.S. 469, 109 S.Ct. 3028, 3031, 106 L.Ed.2d 388 (commercial speech “propose[s] a commercial transaction”). We f he three-year period for personal injury actions set forth in § 1-52(5) is the North Carolina limitations period applicable to § 1983 actions. Mallas v. Kolak, 721 F.Supp. 748 (M.D.N.C.1989); Reagan v. Hampton, 700 F.Supp. 850 (M.D.N.C.1988); Reed v. United Transp. Union, 633 F.Supp. 1516, 1525 (W.D.N.C.1986); see also Keller v. Prince George’s County, 827 F.2d 952, 955 n. 2, 965 (4th Cir. 1987) (<HOLDING>). 3 . In Esposito, this Court concluded that a Options: A. holding that if state law provides multiple statutes of limitations for personal injury actions the general or residual statute for personal injury actions should be used for 1983 actions B. recognizing that wilson v garcia requires all 1983 actions to be characterized as personal injury tort actions for statute of limitations purposes C. holding that a twoyear statute of limitations period applies to all 1983 actions brought in pennsylvania D. holding that new york statute of limitations for 1983 actions was three years E. recognizing those actions for monetary relief that we have characterized as equitable such as actions for disgorgement of improper profits

assistant: The best answer is B. recognizing that wilson v garcia requires all 1983 actions to be characterized as personal injury tort actions for statute of limitations purposes
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: summary judgment evidence. Dolcefino v. Randolph, 19 S.W.3d 906, 930 (Tex.App.-Houston [14th Dist.] 2000, pet. denied). As discussed above, Reynolds’s assertion of ownership of the account on behalf of Citibank was sufficient to conclusively establish such ownership in the absence of controverting evidence. See Grant-Brooks, 2003 WL 203481, at *2; Farley, 895 S.W.2d at 428; Hou-Tex Printers, 862 S.W.2d at 191. Reynolds explains in the affidavit that her statements were based on her own personal knowledge as custodian of records for Citibank and CCSI and review of relevant business records that she had access to by virtue of her employment position. See Grant-Brooks, 2003 WL 203481, at *2; see also Ortega v. Cach, LLC, 396 S.W.3d 622, 627-28 (Tex.App.-Houston [14th Dist.] 2013, no pet.) (<HOLDING>); 8920 Corp. v. Alief Alamo Bank, 722 S.W.2d Options: A. holding that records relating to a student court were not education records B. holding that the fdic is entitled to rely exclusively on the account records of the failed institution and that while ownership under state law is one prerequisite for insurance coverage the deposit account records are controlling C. holding affidavit statements by custodian of records based upon review of companys business records contained sufficient evidence of ownership of account D. holding trial court erred in finding violations based only on officers testimony based on review of probation records where states failure to admit records into evidence rendered officers testimony hearsay E. holding that gun shop records kept pursuant to government requirements are admissible business records

assistant: The best answer is C. holding affidavit statements by custodian of records based upon review of companys business records contained sufficient evidence of ownership of account
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: violation of petitioner’s right to a speedy trial where the lower court would have rejected claim as merit-less, and where petitioner could not have shown prejudice because government could have acquired new indictment on the same conduct); Walker v. Bennett, 262 F.Supp.2d 25, 37 (W.D.N.Y.2003) (denying petitioner’s- ineffective assistance of counsel claim premised upon counsel’s alleged failure to move for recovery from a speedy trial where the under lying speedy trial claim “would not have been successful[.]”). “Failure to make a meritless argument does not amount to ineffective assistance.” United States v. Arena, 180 F.3d 380, 396 (2d Cir.1999) abrogated on other grounds by United States v. Sekhar, 683 F.3d 436 (2d Cir.2012) rev’d — U.S.-, 133 S..Ct. 2720, 186 L.Ed.2d 794 (2013). (<HOLDING>). 3. Rule as Applied to Appellate Counsel Options: A. holding the defendant did not demonstrate a denial of his sixth amendment right to a speedy trial where even though the delay was substantial and the defendant was detained pretrial for three years the fault for the delay was shared and the defendant continued to request continuances following his assertion for the right to a speedy trial B. recognizing in a case where the court sua sponte reduced the attorneys fee request that the district court has discretion to reduce the amount of the fee request and stating when defense counsel fails to do so the district court should not reward the defendants by denying the plaintiffs counsel an opportunity to defend his claim against specific challenges whatever their source C. holding defendants right to counsel not violated despite district court denying pretrial request by the defendant to discharge his attorney where request was made on eve of trial and was openly part of attempt to have the district judge recuse himself and delay trial D. holding that where appellant moved to recuse trial judge from deciding the motion for new trial the judge of the administrative district was required to designate a judge to hear the recusal motion E. holding that trial court erred in denying defendants request to allow standby counsel to conduct voir dire where there was no indication that the trial court considered the koehler factors or that granting the request would have disrupted or delayed the trial

assistant: The best answer is C. holding defendants right to counsel not violated despite district court denying pretrial request by the defendant to discharge his attorney where request was made on eve of trial and was openly part of attempt to have the district judge recuse himself and delay trial
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: 14.5 you acknowledge and agree that each member of the group of companies of which youtube is a part shall be third party beneficiaries to the terms and that such other companies shall be entitled to directly enforce , and rely upon , any provision of the terms which confers a benefit on ( or rights in favour of ) them .

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: Restricted Stock Units shall vest in such manner, on such date or dates, or upon such conditions, in each case as may be determined by the Committee and set forth in an RSU Agreement. Unless otherwise specifically determined by the Committee, the vesting of a Restricted Stock Unit shall occur only while the Participant is employed by or rendering services to the Service Recipient, and all vesting shall cease upon a Participant’s Termination for any reason.

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 case excerpt and choose the best holding from the options. Case excerpt: injured party in as good a position as it would have been in but for the breach.” Id. We have stated that the “failure to allege cognizable damages compels the dismissal of the complaint.” Chrysler Corp. v. Fedders Corp., 643 F.2d 1229, 1234 (6th Cir.), cert. denied, 454 U.S. 893, 102 S.Ct. 388, 70 L.Ed.2d 207 (1981). In this case, PONI alleges that as a result of MVP’s breach of the contract, PONI was required to pay a top-heavy contribution of $137,087.17 for the years 1991-1998, pay a fine of $5,000, and incur costs of $35,000. Analogizing to back-taxes cases, MVP argues that there was no harm because PONI would have had to pay the contribution amount even if MVP performed the top-heavy testing. MVP Br. at 35-37; see DCD Programs Ltd. v. Leighton, 90 F.3d 1442, 1451 (9th Cir.1996) (<HOLDING>). Specifically, MVP argues PONI would not have Options: A. holding that irs claim for taxes and claim of debtor against irs for violation of automatic stay did not arise out of the same transaction or occurrence B. holding that punitive damages are not recoverable against municipalities under 1988 C. holding that it was not an abuse of discretion to require a defendant to pay all back taxes D. holding that back taxes paid to the irs as a result of disallowed deductions are not recoverable damages against promoters E. holding that loss of consortium damages are not recoverable when the nonderivative claim did not result in physical injury

assistant: The best answer is D. holding that back taxes paid to the irs as a result of disallowed deductions are not recoverable damages against promoters
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: Employee may no t assign this Agreement. Company may assign this Agreement in its disc re tion , includin g but not limited to any paren t/s ubsidiary company or successor in interest to the b us in ess, or part thereof, of Company.

assistant: Assignments
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: however , if nintendo becomes aware of possibly unlawful or inappropriate user-generated content , ncl reserves the right to delete or to block access to such user-generated content at its own discretion .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Subject to the terms and conditions of this Agreement, upon request of the Parent, the Shareholder shall use commercially reasonable efforts to take, or cause to be taken, all actions, and to do, or cause to be done, all things necessary to fulfill the Shareholder’s obligations under this Agreement.

assistant: Further Assurances
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: with jurisdiction under section 7266(a). On January 12, 2009, the Court heard oral argument in this matter. The parties’ arguments remained wholly unchanged from them filings with the Court. II. ANALYSIS This matter is firmly controlled by Irwin and Henderson. Indeed, the facts of Irwin are nearly indistinguishable from this case. There, the appellant filed his Notice of Appeal with the Board, rather than the Court, within 120 days of the date on which the Board mailed its adverse decision. The Board later forwarded the Notice of Appeal to the Court, but the Court received it well after the 120-day period had expired. The Court determined that, based on Henderson and the United States Supreme Court’s decision in Bowles v. Russell, 551 U.S. 205, 127 S.Ct. 2360, 168 L.Ed.2d 96 (2007) (<HOLDING>), a timely but misfiled Notice of Appeal could Options: A. holding that rule 60b was not applicable to extend the time to file an action to revoke a discharge under grounds of mistake and not addressing equitable tolling B. holding title vii subject to equitable tolling C. holding that the plaintiffs motion for extension of time to file appeal qualified as a notice of appeal because it met the requirements of rule 4 of the federal rules of appellate procedure D. holding that equitable tolling of the time to file a notice of appeal is not permitted E. holding that the 120day filing period is subject to equitable tolling and addressing circumstances warranting equitable tolling

assistant: The best answer is D. holding that equitable tolling of the time to file a notice of appeal is not permitted
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: Hart memorandum to Ross, which states that the RWQCB's John Lewis had discussed the lead detected in the soil with McLaren Hart, and directed that it submit a proposed course of action to Ross. (PL’s Carson Issues, ¶ 65; Casparian 3rd DecL, Ex. 14 (August 1994 Memo Proposing Remedial Action)). Defendants object that the document is not properly authenticated. For the reasons set forth in note 160, infra, defendants’ objection is sustained. 142 . Salisbury Depo. at 75:12-80:8, Ex. 232 (May 1, 1995 Memo). While Salisbury testified to out of court statements made by Ross, the Ninth Circuit held that the testimony fell "within the ‘basic rule of evidence ... that prior inconsistent statements may be used to impeach the credibility of a witness.’ ” Carson Harbor, supra, 270 F.3d at 873 (<HOLDING>). The Ninth Circuit also held that Dr. Amini's Options: A. holding that a cigarette advertisement of tar content was deceptive despite a truthful fineprint explanation in corner of advertisement of how tar was measured B. holding that salisburys memo could be used to impeach ross assertion that he did not require plaintiff to remove the tar and slag materials C. holding that government could not impeach witness with prior statement because he refused to answer any questions and thus gave no testimony in court with which the prior statement could be judged to be inconsistent D. holding that summary convictions of crimes involving dishonesty could be used to impeach the credibility of a witness E. holding that a witnesss prior inconsistent statement to an officer could be used to impeach her

assistant: The best answer is B. holding that salisburys memo could be used to impeach ross assertion that he did not require plaintiff to remove the tar and slag materials
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 issues and questions concerning the construction, validity, enforcement, and interpretation of this First Amendment shall be governed by and construed in accordance with the laws of the State of Michigan, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of Michigan or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the laws of the State of Michigan.

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: the defending party for the money or property or to the effect specified in the offer, with costs then accrued. An offer not accepted [within 10 days] shall be deemed withdrawn and evidence thereof is not admissible except in a proceeding to determine costs. If the judgment finally obtained by the offeree is not more favorable than the offer, the offeree must pay the costs incurred after the making of the offer. Fed.R.Civ.P. 68. Thus, a party who fails to accept an offer of judgment within ten days and thereafter recovers a less favorable result may not recover her own post-offer costs (including attorneys’ fees), even where they would otherwise be available, and also must pay the offeror’s post-offer costs. See Marek v. Chesny, 473 U.S. 1, 10, 105 S.Ct. 3012, 87 L.Ed.2d 1 (1985) (<HOLDING>); see also Lang v. Gates, 36 F.3d 73, 76 (9th Options: A. holding that even though attorneys fees were not properly awardable under rule 68 costs excluding fees were mandatory B. holding that plaintiffs who reject rule 68 offers equal to or greater than the amounts they eventually are awarded may not recover postoffer costs C. recognizing general rule that prejudgment interest may be awarded in claims for liquidated amounts D. holding in the context of a motion for preliminary injunction that once federal funds are distributed to the states and obligated they cannot be recouped and that it would be impossible to award the plaintiffs the relief they request if they should eventually prevail on the merits E. holding that orcp 68 defines costs and disbursements for purposes of dissolution actions

assistant: The best answer is B. holding that plaintiffs who reject rule 68 offers equal to or greater than the amounts they eventually are awarded may not recover postoffer costs
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Each capitalized term which is defined in the Credit Agreement, but which is not defined in this Seventh Amendment, shall have the meaning ascribed such term in the Credit Agreement, as amended hereby. Unless otherwise indicated, all section references in this Seventh Amendment refer to the Credit Agreement.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: we always appreciate your feedback or other suggestions about whatsapp and our services , but you understand that we may use your feedback or suggestions without any obligation to compensate you for them ( just as you have no obligation to offer them ) .

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: Promptly (and in any event, within three Business Days) upon becoming aware of (a) any actual or potential Conflict of Interest or (b) any lawsuit, claim or arbitration filed against or involving Employee or any trust or vehicle owned or controlled by Employee and relating to acts or omissions in connection with Employee’s employment with the Company or GP Natural Resource Partners LLC, in each case, Employee shall disclose such actual or potential Conflict of Interest or such lawsuit, claim or arbitration to the Company. A “ Conflict of Interest ” shall exist when Employee engages in, or plans to engage in, any activities, associations, or interests that conflict with, or create an appearance of a conflict with, Employee’s duties, responsibilities, authorities, or obligations for and to the NRP Group. During the Term, Employee may seek and obtain employment elsewhere in addition to his employment with Company, so long as Employee continues to abide by the terms of this paragraph and all other terms of this Agreement during such employment elsewhere.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: therefore , if you have an idea or information that you would like to keep confidential and/or do n't want others to use , do not post it on the service .

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: Receipt by the Administrative Agent and the Lenders of (i) pro forma projections of financial statements (balance sheet, income and cash flows) for each of the fiscal years of the Consolidated Parties through December 31, 2022 and (ii) such other information relating to the Consolidated Parties as the Administrative Agent may reasonably require in connection with the structuring and syndication of credit facilities of the type described herein.

assistant: Financial Statements