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: (8) at all; with respect to subsection (3), it states only that it “requires the motion to be made within a reasonable time,” a requirement that did not appear in former ORS 419B.420. Nor was the issue discussed during the legislature’s consideration of the bill. 7 Compare Stevenson v. U. S. National Bank, 296 Or 495, 677 P2d 696 (1984), in which the Supreme Court upheld the trial court’s authority, under ORCP 71A and C, to set aside the judgment and reenter a substantially similar one 30 days later, where the trial court mistakenly entered the judgment when the matter was still under advisement and there was nothing to indicate that the court’s sole purpose in doing so was to extend the time for appeal. See also Amvesco, Inc. v. Key Title Co., 69 Or App 740, 745, 687 P2d 1121 (1984) (<HOLDING>). 8 Although the statute also precludes the Options: A. holding that a judgment is subject to collateral attack where the judgment is void for want of jurisdiction with respect to the power of the court to render the particular judgment or decree as where the court exceeds the powers conferred on it by constitutional or statutory provisions B. holding that the trial court in entering judgment affirming an earlier judgment for an award of attorney fees after having discovered that it mistakenly entered the earlier judgment before the expiration of time for the filing of objections had the inherent power under orcp 71 cs modification authority to change the effective date of the judgment without vacating or setting aside the judgment C. holding that filing of an answer up to the time of signing of judgment renders the judgment an absolute nullity D. holding that the requirement to serve a motion for attorney fees or costs within thirty days after filing of judgment applies even where the final judgment reserves jurisdiction to award same E. holding that a second judgment controls over an earlier judgment entered in the same case

assistant: The best answer is B. holding that the trial court in entering judgment affirming an earlier judgment for an award of attorney fees after having discovered that it mistakenly entered the earlier judgment before the expiration of time for the filing of objections had the inherent power under orcp 71 cs modification authority to change the effective date of the judgment without vacating or setting aside the judgment
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 civil rights statutes]”); Williams v. United States, 242 F.3d 169 (4th Cir.2001)(barring a FTCA claim based on the Emergency Medical Treatment and Active Labor Act because North Carolina law does not create a duty on the part of an Indian hospital to provide emergency medical treatment or a duty not to discriminate in refusing to provide treatment.) See also Jayvee Brand, Inc. v. United States, 721 F.2d 385, 390 (D.C.Cir.1983) (concluding that “quasi-legislative or quasi-adjudicative action by an agency of the federal government [banning a flame-retardant compound used in children’s clothing] is action of the type that private persons could not engage in and hence could not be liable for under local law”); Sea Air Shuttle Corporation v. United States, 112 F.3d 532 (1st Cir.1997) (<HOLDING>); C.P. Chemical Company, Inc. v. United States, Options: A. holding that claimed failure of secretary of transportation and federal aviation administration to take enforcement action was not conduct for which private individual could be held liable and thus did not give rise to a ftca action B. holding that employer who failed to take remedial action could be held liable for sexual harassment of employee by subcontractors employees C. holding that failure to record an assignment does not give rise to a cause of action D. holding that the first amendment does not by itself give rise to a cause of action for damages E. holding that the rehabilitation act does not create a private right of action against the secretary of transportation where the apa provides an adequate remedy

assistant: The best answer is A. holding that claimed failure of secretary of transportation and federal aviation administration to take enforcement action was not conduct for which private individual could be held liable and thus did not give rise to a ftca action
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of a consecutive five-year sentence where a defendant possesses a firearm in furtherance of a crime of violence; however, “if the firearm is brandished, [the defendant shall] be sentenced to a term of imprisonment of not less than 7 years.” 18 U.S.C. § 924(c)(l)(A)(ii). “A defendant may be convicted of a § 924(c) charge on the basis of a coconspirator’s use of a gun if the use was in furtherance of the conspiracy and was reasonably foreseeable to the defendant.” United States v. Wilson, 135 F.3d 291, 305 (4th Cir.1998). Moreover, a defendant may be convicted of a § 924(c) offense on the basis of eoconspirator liability even without a separate conspiracy charge. United States v. Zackery, 494 F.3d 644, 647-48 (8th Cir.2007); cf. United States v. Ashley, 606 F.3d 135, 143 (4th Cir.2010) (<HOLDING>). Applying these standards, we hold that the Options: A. holding that vicarious coconspirator liability need not be charged in the indictment B. holding that prior convictions relevant only to the sentencing of an offender found guilty of the charged crime do not need to be charged in an indictment or proven to a jury beyond a reasonable doubt C. holding that an indictment gave sufficient notice when the indictment charged the elements of the offense D. holding that elements of statute which became 924e need not be reflected in indictment for crime charged E. holding that apparent authority as a separate theory of vicarious liability should not be considered in ftca claims

assistant: The best answer is A. holding that vicarious coconspirator liability need not be charged in the indictment
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: Centers While the Act requires an employer to permit distribution of literature by employees on non-working time in non-work areas, an employer may prohibit distribution at any time in work areas. See Stoddard-Quirk Mfg., 138 N.L.R.B. at 621. If special circumstances necessitate a more restrictive rule to maintain production and discipline, however, an employer may lawfully impose such a rule. Id. at 617 n.4, 620. When deciding whether an area is a work area as contemplated by Stoddard-Quirk, “the Board has looked at the quality and quantity of work, which occurs in the area at issue, and examines whether the work is more than de minimus [sic] and whether it involves production.” Brockton Hosp., 333 N.L.R.B. at 1375; see also Patio Foods v. NLRB, 415 F.2d 1001, 1003 (5th Cir. 1969) (<HOLDING>). More recently, the Board has deemed certain Options: A. holding that the defendants presence in a dark alleyway at six oclock in the morning behind a closed business in an exclusively commercial area supported the investigative stop and explaining that knowledge of recent burglaries in an area is a relevant circumstance to be considered in determining the reasonableness of an officers suspicion because knowledge of the character of the area is part of an officers expertise B. holding that a loading area was a work area notwithstanding the fact that employees used it for ingress and egress because the loading of trucks is no less a vital part of the production process because it is performed outside the plant building C. holding that the public use exception was not applicable because the injury to the tenants employee occurred in an area of the leased premises that was not open to the public but was used only by employees D. holding that it is not E. holding that because plaintiffs speech occurred in the reception area of the judge executives office it was only the nature of that limited area and not the general public nature of fiscal court budding within which the office was located that was determinative of the forum

assistant: The best answer is B. holding that a loading area was a work area notwithstanding the fact that employees used it for ingress and egress because the loading of trucks is no less a vital part of the production process because it is performed outside the plant building
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: (a) The SPV agrees, upon receipt of a written invoice, to pay or cause to be paid, and to hold the Investors, the Agent, each Managing Agent and each Administrator harmless against liability for the payment of, all reasonable and documented out-of-pocket expenses (including attorneys’, accountants’, rating agencies’ and other third parties’ fees and expenses, any filing fees and expenses incurred by officers or employees of any Investor, the Agent, each Managing Agent or any Administrator) or intangible, documentary or recording taxes incurred by or on behalf of any Investor, the Agent, any Managing Agent or any Administrator (i) in connection with the preparation, negotiation, execution and delivery of this Agreement, the other Transaction Documents and any documents or instruments delivered pursuant hereto and thereto and the transactions contemplated hereby or thereby (including the perfection or protection of the Asset Interest) and (ii) from time to time (A) relating to any amendments, waivers or consents under this Agreement and the other Transaction Documents, (B) arising in connection with the Agent’s, any Investor’s or any Managing Agent’s enforcement or preservation of rights (including the perfection and protection of the Asset Interest under this Agreement), or (C) arising in connection with any audit, dispute, disagreement, litigation or preparation for litigation involving this Agreement or any of the other Transaction Documents (all of such amounts, collectively, “ Transaction Costs ”); provided that, except in the case of any enforcement action, the SPV shall not be required to reimburse the legal fees, expenses or other charges of more than one outside counsel (in addition to such special counsel and local counsel in each applicable local jurisdiction as shall be reasonably deemed necessary by the Agent), which counsel shall be selected jointly by the Agent, each Managing Agent or any Administrator, unless, in the reasonable opinion of any Investor, the Agent, any Managing Agent or any Administrator, representation of all such Persons by the same counsel would be inappropriate due to the existence of an actual or potential conflict of interest or impairs any defense of such indemnified Person.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Borrower will maintain in force property and casualty insurance on any property of the Borrower, if any, against risks customarily insured against by companies engaged in businesses similar to that of the Borrower containing such terms and written by such companies as may be satisfactory to the Bank, such insurance to be payable to the Bank as its interest may appear in the event of loss and to name the Bank as insured pursuant to a standard loss payee clause; no loss shall be adjusted thereunder without the Bank’s approval; and all such policies shall provide that they may not be canceled without first giving at least Ten (10) days written notice of cancellation to the Bank. In the event that the Borrower fails to provide evidence of such insurance, the Bank may, at its option, secure such insurance and charge the cost thereof to the Borrower. At the option of the Bank, all insurance proceeds received from any loss or damage to any property shall be applied either to the replacement or repair thereof or as a payment on account of the Obligations. From and after the occurrence of an Event of Default, the Bank is authorized to cancel any insurance maintained hereunder and apply any returned or unearned premiums, all of which are hereby assigned to the Bank, as a payment on account of the Obligations.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Property is covered by property, casualty, liability, business interruption, windstorm, flood, earthquake and other applicable Policies as and to the extent, and in compliance with the applicable requirements of Section 5.1.1 and Borrower has not taken (or omitted to take) any action that would impair or invalidate the coverage provided by any such Policies. As of the Closing Date, no claims have been made that are currently pending, outstanding or otherwise remain unsatisfied under any such policies and would reasonably be expected to have an Individual Material Adverse Effect with respect to the Property.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each notice relating to this Agreement shall be deemed to have been given on the date it is received. Each notice to the Company shall be addressed to its principal Office in Eagle, Idaho, Attention: Compensation. Each notice to the Participant or any other person or persons entitled to shares issuable upon settlement of the RSUs shall be addressed to the Participant’s address and may be in written or electronic form. Anyone to whom a notice may be given under this Agreement may designate a new address by giving notice to the effect.

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: This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. NO ACTION, SUIT OR PROCEEDING MAY BE BROUGHT OR MAINTAINED CONCERNING MATTERS COVERED BY THIS AGREEMENT EXCEPT IN A COURT OF THE STATE OF CALIFORNIA. EACH OF THE PARTIES TO THIS AGREEMENT HEREBY IRREVOCABLY AND UNCONDITIONALLY AGREES TO BE SUBJECT TO, AND HEREBY CONSENTS AND SUBMITS TO, THE JURISDICTION OF THE COURTS OF THE STATE OF CALIFORNIA.

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 legal provision and list the applicable contract clause categories. Provision: As used in this Agreement, masculine, feminine or neuter gender and the singular or plural number shall each be deemed to include the others where and when the context so dictates. The word “including” shall be construed as if followed by the words “without limitation.” If a dispute arises over the interpretation or construction of any provision, term or word contained in this Agreement, this document shall be interpreted and construed neutrally, and not against either party.

assistant: Interpretations
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 Mortgage and the other Loan Documents embody the entire agreement and understanding between Mortgagee and Mortgagor relating to the subject matter hereof and supersede all prior agreements and understandings between such parties relating to the subject matter 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 issued and outstanding shares of capital stock of the Company have been validly issued, are fully paid and nonassessable and, other than as disclosed in the Registration Statement or the Prospectus, are not subject to any preemptive rights, rights of first refusal or similar rights.

assistant: Capitalization
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: Following the Effective Time and during the term of the Company LLC Agreement, the Sellers shall make available, or cause their Affiliates to make available, to the Company and each of the Subject Companies all rights necessary to lawfully use all patents, trademarks, licenses, service marks, trade names, trade secrets, and other proprietary, contract or intellectual property rights that are necessary for the operation of the respective Projects and their respective businesses in the Ordinary Course of Business, on terms and conditions no less favorable to the Company and the Subject Companies than those applicable prior to the Effective Time.

assistant: Intellectual Property
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 Supreme Court recently held in Beckles v. United States, — U.S. —, 137 S.Ct. 886, 197 L.Ed.2d 145 (2017), that the Guidelines are not subject to a vagueness challenge under the Fifth Amendment’s Due Process Clause. Id. at 892, 895, 897. The Court explained that, unlike the Armed Career Criminal Act’s residual clause, which was invalidated in Johnson v. United States, — U.S. —, 135 S.Ct. 2551, 192 L.Ed.2d 569 (2015), “§ 4B1.2(a)’s residual clause is not void for vagueness.” Id. at 895, 897. Hamilton’s Virginia conviction for unlawful wounding remains a crime of violence under the residual clause post-Rec/cfes, notwithstanding that the Government conceded in the district court that the residual clause was void for vagueness. See United States v. Lee, 855 F.3d 244, 247 (4th Cir. 2017) (<HOLDING>). We therefore affirm the district court’s Options: A. holding that virginia conviction for unlawful wounding qualified as a crime of violence under the career offender guidelines residual clause B. holding that the state felony offense of taking indecent liberties with a child categorically constituted a crime of violence for purposes of the career offender sentencing guidelines C. holding that north carolina crime of larceny from the person was a crime of violence under the residual clause of the career offender guideline D. holding that reduced career offender status was nonetheless based the career offender guidelines E. holding that the texas offense of possession of a prohibited weapon could only qualify as a crime of violence under the residual clause of 4b12a2

assistant: The best answer is A. holding that virginia conviction for unlawful wounding qualified as a crime of violence under the career offender guidelines residual clause
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: deficient, and (2) they suffered prejudice, which means that “there is a reasonable probability that, but for counsel’s unprofessional error, the result of the proceeding would have been different.” Id. at 687, 104 S.Ct. 2052. “[C]ounsel’s function, as elaborated in prevailing professional norms, is to make the adversarial testing process work in the particular case.” Id. at 690,104 S.Ct. 2052. 1. Deficient Performance “[A]n attorney’s failure to present available exculpatory evidence is ordinarily deficient, unless some cogent tactical or other consideration justified it.” Pavel v. Hollins, 261 F.3d 210, 220 (2d Cir.2001) (quoting Griffin v. Warden, 970 F.2d 1355, 1358 (4th Cir.1992)) (internal quotation marks omitted). See also Blackburn v. Foltz, 828 F.2d 1177, 1183 (6th Cir.1987) (<HOLDING>); Towns v. Smith, 395 F.3d 251, 258-61 (6th Options: A. holding that counsels total failure to conduct pretrial discovery constituted ineffective assistance B. holding that the ineffective assistance of counsel claim for counsels failure to present the preindictment delay issue was without merit because there was no actual prejudice to the supposed alibi defense as the now unavailable witnesses would not have provided the defendant with an alibi for the time when the murder could have occurred C. holding that failure to properly pursue a potential alibi defense constituted ineffective representation outside the wide range of professionally competent assistance D. holding the failure to call alibi witnesses promised during opening statement was not ineffective assistance of counsel E. recognizing in ineffective assistance of counsel claims a presumption that counsels conduct falls within the wide range of reasonable professional assistance

assistant: The best answer is C. holding that failure to properly pursue a potential alibi defense constituted ineffective representation outside the wide range of professionally competent assistance
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 Transition Period and the Interim Period, the Executive will (i) receive his base salary as in effect on the Effective Date and (ii) participate in the Company’s retirement and welfare benefit plans, expense reimbursement and vacation policies, as such plans, programs and policies may be in effect from time to time (collectively, the “ Plans ”).

assistant: Base Salary
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 the foregoing, no payments shall be made or benefits provided under this Agreement unless the Executive executes and does not revoke, the Company’s standard written release, substantially in the form as attached hereto as Appendix A (the “Release”), of any and all claims against the Company and all related parties with respect to all matters arising out of the Executive’s employment by the Company (other than entitlements under the terms of this Agreement) or a termination thereof. The Executive understands and agrees that he or she has twenty-one (21) days to consider the Release. The Executive further understands that he or she has a right to revoke the Release by notifying the Company in writing, by hand delivery or electronic mail, within seven (7) days of his or her execution of the Release (the “Revocation Period”). In the event that the Release is not executed and delivered to the Company on or before the twenty-second (22nd) day following delivery of the Release to the Executive, or in the event that the Executive notifies the Company of his or her revocation of the Release within seven (7) days of his or her execution of it, then no payments shall be made to the Executive under this Agreement, other than amounts to which he or she is entitled to receive as a matter of law or contract.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: it was made. When Lucas pled guilty, this court’s decisions required the district court rather than the jury to determine the quantity of drugs for which a defendant was responsible under 21 U.S.C. § 841(a)(1). United States v. Jinadu, 98 F.3d 239, 247-48 (6th Cir.1996) (explaining that “the determination of the quantity of drugs involved is not an element of the offense” and that the sentencing judge, not the jury, must decide this issue). Although Lucas’s indictment t “had earlier announced the principle underlying the Apprendi rule in Jones v. United States, 526 U.S. 227, 119 S.Ct. 1215, 143 L.Ed.2d 311 (1999),” United States v. Flowal, 234 F.3d 932, 936 (6th Cir.2000), but Jones’s explicit holding was based on statutory construction. See Jones, 526 U.S. at 251-52, 119 S.Ct. 1215 (<HOLDING>). The Court’s statement that “under the Due Options: A. holding that a similar statute created separate offenses B. holding that three phrases contained within the same subsection of the indecencywithaehild statute defined three separate offenses for juryunanimity purposes when separated in the disjunctive C. holding that a complaint filed within three years of an accident complied with the michigan court rules and was not barred by the statute of limitations even though service was made more than three years after the accident D. holding that the federal carjacking statute as it existed when the defendant was indicted established three separate offenses rather than a single offense with a choice of three maximum penalties and recognizing that this construction avoided serious constitutional questions on which precedent is not dispositive E. holding that matters of statutory construction are questions of law for the court to decide rather than issues of fact

assistant: The best answer is D. holding that the federal carjacking statute as it existed when the defendant was indicted established three separate offenses rather than a single offense with a choice of three maximum penalties and recognizing that this construction avoided serious constitutional questions on which precedent is not dispositive
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: immoral purpose was one of the defendant’s dominant purposes and that specifically stated it need not be the defendant’s sole or single purpose); Bush v. United States, 267 F.2d 483, 485 (9th Cir.1959) ("It is not necessary that such intent be the sole and single purpose of the transportation, if such purpose and intent was one of the reasons for the transportation.”). Other circuits interpreted the Act's purpose element similarly, consistently holding that the Act did not require "that the sole and single purpose of the transportation of a female in interstate commerce was such immoral practices.” Dunn v. United States, 190 F.2d 496, 497 (10th Cir.1951); see also Forrest v. United States, 363 F.2d 348, 349-50 (5th Cir.1966); United States v. Salter, 346 F.2d 509, 511 (6th Cir.1965) (<HOLDING>); Dingess v. United States, 315 F.2d 238, 240 Options: A. recognizing the term act includes a failure to do any act which the law requires one to perform B. holding the enhancement inappropriate for a mann act violation because the victims were typical of the victims the mann act was designed to protect C. holding that absent clear congressional intent a defendant charged with transporting two women in interstate commerce at the same time could be charged with only one violation of the mann act which criminalized transporting any woman in interstate commerce for the purpose of prostitution or debauchery or for any other immoral purpose D. holding that mann act requires only that the defendants immoral purpose is only one of the dominant purposes E. holding that an attorney is a necessary witness for purposes of tennessee rule of professional conduct 37a only if there are things to which he will be the only one available to testify

assistant: The best answer is D. holding that mann act requires only that the defendants immoral purpose is only one of the dominant 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: to consider all of the mitigating evidence introduced by the [defendant]. . . . In combination with the instructions, the comments of the prosecutor . . . create a ‘legitimate basis for finding ambiguity concerning the factors actually considered by the’ jury.” (California v. Brown, supra, 479 U.S. at p. 546 [93 L.Ed.2d at p. 943, 107 S.Ct. at p. 842] (conc. opn. of O’Connor, J.).) On this record I cannot conclude that the error was harmless. In Hitchcock v. Dugger (1987) 481 U.S. 393, 399 [95 L.Ed.2d 347, 353, 107 S.Ct. 1821, 1824], the United States Supreme Court suggested that the kind of error under consideration here may be held nonprejudicial only when “it had no effect on the jury . . . .” (Cf. Satterwhite v. Texas (1988) 486 U.S. _, _-_ [100 L.Ed.2d 284, 108, S. Ct. 1792] (<HOLDING>) In view of the strong mitigating evidence Options: A. holding that errors of federal constitutional dimension occurring at the penalty phase of a capital trial are generally subject to harmlesserror review under the beyondareasonabledoubt test of chapman v california 1967 386 us 18 24 17 led2d 705 710711 87 sct 824 24 alr3d 1065 B. holding the rule that an accused has a right to counsel at any critical confrontation announced in united states v wade 388 us 218 87 sct 1926 18 led2d 1149 and gilbert v california 388 us 263 87 sct 1951 18 led2d 1178 not to be retroactive C. holding that bjecause there has never been a definitive statement by the united states supreme court clarifying the recognized ambiguity in cooper v california 386 us 58 87 sct 788 17 led2d 730 1967 we are free to adopt our own view of its holding unconstrained by opinions of federal courts of appeal D. holding that although walker v birmingham 388 us 307 87 sct 1824 18 led2d 1210 1967 upheld a rule that barred collateral challenges of contempt citations appellant nevertheless could challenge his contempt citation on habeas because california elected not to adopt a collateral bar rule E. holding that for habeas relief to be granted based on constitutional error in capital penalty phase error must have had substantial and injurious effect on the jurys verdict in the penalty phase

assistant: The best answer is A. holding that errors of federal constitutional dimension occurring at the penalty phase of a capital trial are generally subject to harmlesserror review under the beyondareasonabledoubt test of chapman v california 1967 386 us 18 24 17 led2d 705 710711 87 sct 824 24 alr3d 1065
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 Fourth Amendment and the rights and obligations of the parties hereunder shall be governed by, and construed in accordance with, the laws of the State of Delaware, without giving effect to the conflict of laws principles thereof that would cause the application of the laws of any jurisdiction other than the State of Delaware.

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: v. Univ. of Evansville, 755 N.E.2d 589, 600 (Ind.2001) (finding appropriation when defendant used plaintiffs’ names in e-mail addresses and web sites and holding that defendant misappropriated plaintiffs’ names to his “advantage in that [the misappropriation] enabled him to pursue a personal vendetta”). The Court has previously found Purdy in contempt for using the domain name feliciaboyd.info. In this case, Purdy has published a web page at the domain name hindrocket.com, which bears the title “Official John Hinderaker Site.” According to the evidence before the Court, Hinderaker is well-known by his blog pseudonym, Hindrocket, and an associated rocket graphic. An internet user might search for the pseudonym in a search engine or 1, at *18-19 (Cal.Ct.App. Nov. 12, 2002) (unpublished) (<HOLDING>); Hirsch v. S.C. Johnson & Son, Inc., 90 Wis.2d Options: A. holding that requirement of disclosing names and addresses of campaign contributors cannot constitutionally be applied to the party B. holding that names and address of private individuals appearing in files within the ambit of exemption 7c are exempt from disclosure C. holding that where the policy names only the directors or officers as insured the proceeds are not property of the estate D. holding that californias appropriation statute covered appropriation of pseudonyms because nicknames and pen names are names E. holding that records regarding complaints against state police officers which would be exempt from disclosure when unredacted where no longer exempt after the names of state police troopers the names of complainants and all identifying information were redacted

assistant: The best answer is D. holding that californias appropriation statute covered appropriation of pseudonyms because nicknames and pen names are names
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: unconditional, in that Defendants were expressly informed that their purchase of components from Intel did not grant them a license to infringe LGE’s patents by combining those components with other non-Intel parts. LGE is correct that the patent exhaustion doctrine requires an unconditional sale. B. Braun Medical, Inc. v. Abbott Lab., 124 F.3d 1419, 1426 (Fed.Cir.1997) (“[It is] an unconditional sale of a patented device [or its essential components that] exhausts the patentee’s right to control the purchaser’s use of the device thereafter.”). Further, LGE is correct that it is entitled to impose conditions on the sale of its patented products or the essential components of its patented products, if it chooses. Mallinckrodt, Inc. v. Medipart, Inc., 976 F.2d 700, 706-08 (Fed.Cir.1992) (<HOLDING>). Nor is there any support in the case law for Options: A. holding in the analogous context of choiceoflaw in relation to the sale of personal property that compensation for arranging the sale is assessed apart from underlying sale B. holding that a claim arises from the purchase or sale of a security only if there is an allegation of fraud in the purchase sale or issuance of the instrument C. holding that the patent exhaustion doctrine is only applicable if there is an unconditional sale and that private parties retain the freedom to contract concerning conditions of sale D. holding that an assignment or sale of rights in the invention and potential patent rights is not a sale of the invention within the meaning of section 102b E. holding that the new jersey real estate licensing act is applicable to the sale of a company through a stock sale

assistant: The best answer is C. holding that the patent exhaustion doctrine is only applicable if there is an unconditional sale and that private parties retain the freedom to contract concerning conditions of sale
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: effort to recruit A.L.T., however, the district court acquitted Vargas of that count. Therefore, Vargas argues that the evidence of her recruitment of A.L.T. is irrelevant and inadmissible for the purpose of showing that Vargas’s sex trafficking of E.R.J. affected interstate or foreign commerce. See Fed. R. Evid. 402, 403. Because we conclude that other evidence is sufficient to support the interstate/foreign commerce nexus, we need not address this argument. 2 . Cf. United States v. Thomas, 159 F.3d 296, 297 (7th Cir. 1998) (finding that the Government sufficiently proved an interstate nexus under the Hobbs act by pointing to evidence that the cocaine an informant had planned to sell to defendants was from South America); United States v. Chesney, 86 F.3d 564, 570 (6th Cir. 1996) (<HOLDING>). 3 . Although Bolar is not “controlling Options: A. holding that the government need not prove that interstate transport was foreseeable in order to obtain a conviction under 18 usc 2314 which prohibits the interstate transportation of stolen goods B. holding that statute which prohibited gun possession near a school zone exceeded congresss authority under the commerce clause because the statute did not regulate activity that had a substantial effect on interstate commerce C. holding that the government can satisfy the hobbs act interstate commerce requirement by showing that the robbery resulted in the closure of a business engaged in interstate commerce D. holding that conviction for possession of ammunition by a convicted felon in violation of 18 usc 922g is valid under the commerce clause as long as the ammunition had previously moved in interstate commerce even though the possession did not have a substantial affect on same E. holding that the defendants stipulation that the gun had moved in interstate commerce was sufficient evidence to support his conviction under 18 usc 922g1

assistant: The best answer is E. holding that the defendants stipulation that the gun had moved in interstate commerce was sufficient evidence to support his conviction under 18 usc 922g1
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 by one or more of the parties to this Agreement on any number of separate counterparts, and all of said counterparts taken together shall be deemed to constitute one and the same instrument. Delivery of an executed signature page of this Agreement by facsimile or electronic (i.e., “pdf”) transmission shall be effective as delivery of a manually executed counterpart hereof. A set of the copies of this Agreement signed by all the parties shall be lodged with the Borrower and the Administrative Agent.

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: of that State.” Toomer, 334 U.S. at 396, 68 S.Ct. 1156. The Supreme Court has long held that “the pursuit of a common calling is one of the most fundamental of those privileges protected by the Clause.” United Bldg. & Constr. Trades Council of Camden Cnty. & Vicinity v. Mayor & Council of City of Camden, 465 U.S. 208, 219, 104 S.Ct. 1020, 79 L.Ed.2d 249 (1984). The practice of law has long been held to be a fundamental right within the meaning of the Privileges and Immunities Clause because the profession has both a commercial and noncommercial role in the United States. See Barnard v. Thorstenn, 489 U.S. 546, 553, 109 S.Ct. 1294, 103 L.Ed.2d 559 (1989); Piper, 470 U.S. at 281, 105 S.Ct. 1272; cf. Parnell v. Supreme Court of Appeals of W.Va., 110 F.3d 1077, 1081-82 (4th Cir.1997) (<HOLDING>). B. Discrimination on the Basis of Residency Options: A. holding out admission to practice law when not admitted to practice B. holding right to be fundamental C. holding that sponsoring applicants for pro hac vice admission to practice law is not a core component of the fundamental right to practice law D. holding that the unauthorized practice of law constitutes violation of code E. holding that under the supremacy clause a state court could not enforce a prohibition on the unauthorized practice of law against an individual who was permitted to practice law under the rules of a federal court located in the states jurisdiction

assistant: The best answer is C. holding that sponsoring applicants for pro hac vice admission to practice law is not a core component of the fundamental right to practice law
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: down to the choice of movie they would see on their “date”), and his trip to the airport to meet her, a jury could have concluded, beyond a reasonable doubt, that Walizer’s conduct “(1) advance[d] the criminal purpose charged, and (2) provide[d] some verification of the existence of that purpose.” United States v. Goetzke, 494 F.3d 1231, 1236 (9th Cir.2007) (per curiam) (internal citation and quotation marks omitted). As to Count 2, Walizer contends, the Government concedes, and we conclude, that the district court erred by usurping the jury’s role in determining that Walizer violated 18 U.S.C. § 2260A — irrespective of whether Section 2260A defines a criminal offense or a sentencing enhancement. See Jones v. United States, 526 U.S. 227, 243 n. 6, 119 S.Ct. 1215, 143 L.Ed.2d 311 (1999) (<HOLDING>); In re Winship, 397 U.S. 358, 364, 90 S.Ct. Options: A. holding that any fact other than a prior conviction that increases the maximum penalty for a crime must be charged in an indictment submitted to a jury and proven beyond a reasonable doubt B. holding that any fact other than fact of prior convictions which increases the penalty for a crime beyond the statutory maximum must be submitted to a jury and proven beyond a reasonable doubt C. holding that facts that increase the maximum sentence a defendant faces must be proven to a jury beyond a reasonable doubt D. holding facts that increase the maximum penalty for a crime must be submitted to a jury and proven beyond a reasonable doubt E. holding that any fact that increases the maximum penalty for a crime must be charged in an indictment submitted to a jury and proven beyond reasonable doubt

assistant: The best answer is D. holding facts that increase the maximum penalty for a crime must be submitted to a jury and proven beyond a reasonable doubt
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: academia.edu reserves the right , at any time and without prior notice , to remove or disable access to any collective content , including , but not limited to , collective content that academia.edu , at its sole discretion , considers to be in violation of these terms or otherwise harmful to the site or services .

assistant: Content removal, 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: title. A holder of a certificate has more rights than a mere lien holder. As mentioned above, a certificate holder may obtain title to the entire property after the redemption period expires, while a lien holder’s interest is limited to perfection solely in the amount of the debt that created the lien. The certifi-catfe holder may enjoin waste on the property. 35 ILCS 205/253(a). We know of no Illinois rule permitting a lien holder to do so. Further, a holder of a lien is generally a preferred creditor of the estate, while a holder of a certificate of purchase is not. Midwest had no right to compel redemption. Midwest’s only remedy was to obtain a tax deed. Thus, Midwest’s interest is not that of a creditor. See In re Wells Properties, Inc., 102 B.R. 685 (Bankr.N.D.Ill.1989) (<HOLDING>). These Illinois decisions strongly suggest Options: A. holding that the term reverse payment is not limited to a cash payment B. holding that the certificate of purchase is not a claim because it does not represent a right to payment C. holding that it is not D. holding that an insurance company that does not deliver a policy to a certificate holder is estopped from asserting exclusions contained in the policy but not revealed in the certificate E. holding that because exclusion was not provided to certificate holder terms of the certificate controlled

assistant: The best answer is B. holding that the certificate of purchase is not a claim because it does not represent a right to payment
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 First Closing occurs, except for the right of Purchaser to indemnification under Section 16.2 , Purchaser shall be deemed to have waived, to the fullest extent permitted under Law, any right to contribution against any Indemnified Seller Party (including any contribution under CERCLA or any other Environmental Law) and any and all other Claims and rights it may have against or from any Indemnified Seller Party arising under or based on any Law or other legal theory (whether in contract, tort, equity, or otherwise).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Any notice, claim, request or demand required or permitted hereunder shall be in writing and shall be deemed given if delivered personally or sent by electronic transmission or by registered or certified mail, postage prepaid: (a) if to the Corporation, to LSI Industries Inc., 10000 Alliance Road, Cincinnati, Ohio 45242, or to such other address to which the executive offices of the Corporation may be moved, Attention: Corporate Secretar; or (b) if to any Indemnified Representative, to the address of such Indemnified Representative listed on the signature page hereof; or to such other address as either party hereto shall have specified in a notice duly given in accordance with this Section.

assistant: Notices