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: [them] from voting to impose the death penalty following conviction regardless of the facts,” Utah R.Crim.P. 18(e)(10), and (2) those jurors “who would always vote to impose the death penalty upon a finding of first degree murder.” State v. Young, 853 P.2d 327, 342 (Utah 1993) (plurality opinion) (citing State v. Schreuder, 726 P.2d 1215, 1225-26 (Utah 1986)). Defendant argues that this practice “creates a conviction-prone jury that is underrepresentative of the community” and therefore violates his state constitutional rights to an impartial jury and to due process. Utah Const, art. I, §§ 7, 12. Defendant concedes that the United States Supreme Court has rejected this argument under the United States Constitution. Lockhart v. McCree, 476 U.S. 162, 106 S.Ct. 1758, 90 L.Ed.2d 137 (1986) (<HOLDING>). However, he contends that a “state Options: A. holding death qualification of jury prior to guilt phase of bifurcated capital trial did not violate defendants sixth amendment right to impartial jury representative of fair crosssection of the community B. holding that if a jury is to be provided the defendant at capital sentencing regardless of whether the sixth amendment requires it the jury must stand impartial and indifferent to the extent commanded by the sixth amendment C. holding that the defendants sixth amendment right to a jury did not include having a jury decide whether or not he should receive a capital sentence D. holding right of accused to trial by impartial jury justified postverdict protection of jurors from harassment and did not violate first amendment E. holding that there is no sixth amendment right to jury sentencing

assistant: The best answer is A. holding death qualification of jury prior to guilt phase of bifurcated capital trial did not violate defendants sixth amendment right to impartial jury representative of fair crosssection of the community
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 Borrower will not, and will not permit any of its Subsidiaries to create, incur, assume, or suffer to exist, directly or indirectly, any Lien on or with respect to any of the Collateral, except for Permitted Liens. Notwithstanding anything to the contrary in this Agreement or other Loan Documents, each Borrower will not, and will not permit any of its Subsidiaries to, create, incur, assume, or suffer to exist, directly or indirectly, any Lien on the Collateral with priority equal to or senior to the Liens created under the Loan Documents, except the Permitted Priority Liens, the Liens securing the Existing Secured Obligations and, solely with respect to the Term Loan Priority Account, the Liens in favor of Term Loan Agent and the Carveout.

assistant: Liens
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: related to the search of the motel room should be dismissed because (1) the Amended Complaint fails to state a claim given that Mehta consented to the search, and (2) the Defendants are entitled to qualified immunity because there was arguable consent to conduct the search. Dkt. No. 33, at 21, 31. “[P]olice may conduct a warrantless search of [a] motel room so long as the occupant voluntarily consents.” United States v. Smith, 199 Fed.Appx. 759, 763 (11th Cir.2006) (citing United States v. Butler, 102 F.3d 1191, 1197 (11th Cir.1997)). “In assessing voluntariness, the inquiry is factual and depends on the totality of the circumstances.” United States v. Simms, 385 F.3d 1347, 1355 (11th Cir.2004). Importantly, the voluntariness inquiry is a “heavily f 1304, 1308-09 (11th Cir.2012) (<HOLDING>). Here, Plaintiffs’ facts supporting their Options: A. holding that defendant voluntarily consented where defendants only basis for coercion was that the officers said that if he did not consent they would get a warrant which would take a while B. holding district courts finding of consent was not clearly erroneous when the defendant consented after officers told him they could get a drug dog even though the defendant knew the dog would alert C. holding that consent was freely and voluntarily given despite officers advisement that the police could get a search warrant if consent was not given D. holding the defendant voluntarily consented to a search of his bedroom based upon evidence that defendant 1 did not contest the fact that he had voluntarily given verbal consent to the search 2 did not appear to be nervous or scared and was cooperative with the officers 3 led officers to his bedroom and 4 was present for the search and did not indicate at any time that he wished to revoke his consent E. holding that defendants consent was involuntary where defendant consented to search following a warrantless entry and officers explained that absent consent the officers would obtain a warrant

assistant: The best answer is A. holding that defendant voluntarily consented where defendants only basis for coercion was that the officers said that if he did not consent they would get a warrant which would take a while
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: No proceeds of any Purchase hereunder will be used (i) for a purpose that violates, or would be inconsistent with, any law, rule or regulation applicable to such Originator or (ii) to acquire any security in any transaction which is subject to Section 12, 13 or 14 of the Securities Exchange Act of 1934, as amended.

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: No Loan Party is in default under or with respect to any Contractual Obligation that would, either individually or in the aggregate, reasonably be expected to have a Material Adverse Effect. No Default has occurred and is continuing or would result from the consummation of the transactions contemplated by this Agreement or any other Loan Document.

assistant: No Defaults
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 vesting schedules contained in Equity Agreements that Mr. DeGhetto would hold, upon a “Change in Control” event (as defined below), any unvested equity RSUs awards that would otherwise vest on or after the effective date of the Change in Control event shall be accelerated and become 100% vested on the effective date of the Change in Control event; provided , however , that for purposes of a Change in Control pursuant to Paragraph 5(c) of this Agreement, the unvested equity shall be deemed to have vested immediately prior to a Change in Control event, in order to allow such equity to participate in such Change in Control transaction.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement is held to be prohibited by or invalid under applicable law, such provision will be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Ins. Co. v. Travelers Ins. Co., 224 Or 57, 61, 355 P2d 742 (1960) (“The purpose of an exclusion clause is the opposite of that of a coverage clause. * * * [T]he effect of an exclusion clause is to deny the protection of the policy to someone who, but for the denial, would be an insured.”); Webster’s Third New Int’l Dictionary 793 (unabridged ed 2002) (defining an “exclusion clause” as “a clause in an insurance policy barring certain losses or risks from coverage”). A condition of forfeiture exists where, initially, the policy provides coverage for the loss, but acts of the insured nullify the coverage. Day-Towne v. Progressive Halcyon Ins. Co., 214 Or App 372, 381, 164 P3d 1205 (2007), rev den, 346 Or 65 (2009); see, e.g., Kabban v. Mackin, 104 Or App 422, 429, 801 P2d 883 (1990) (<HOLDING>). Here, for a condition of forfeiture to exist, Options: A. holding that policy limits are not a defense to coverage and that policy limits define the amount of coverage B. holding that the policy insured property but failure to occupy premises negated coverage C. holding that insurers failure to deny existence of insurance coverage under policy at issue was to admit that coverage existed D. holding that the decoration contractor freeman was not subject to premises liability because it did not occupy own control or make special use of the premises at the javits center E. holding that an ownedproperty exclusion did not apply with respect to property that the insured bought only after the policy periods for which the insured sought coverage

assistant: The best answer is B. holding that the policy insured property but failure to occupy premises negated coverage
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 Amendment may be executed by one or more of the parties to this Amendment in any number of separate counterparts, each of which when so executed, shall be deemed an original and all said counterparts when taken together shall be deemed to constitute but one and the same instrument. Delivery of counterparts by facsimile or electronic mail shall be deemed equally effective as delivery of 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 case excerpt and choose the best holding from the options. Case excerpt: ‘knowingly and intentionally committed an act in conscious disregard for the rights of others.’ ” Beuster, 435 F.Supp.2d at 479 (quoting Wiggins v. Equifax Servs., Inc., 848 F.Supp. 213, 219 (D.D.C.1993)). As for malice, “Plaintiff must allege that a defendant published material while entertaining serious doubts as to the truth of the publication or with a high degree of awareness of probable falsity [or actual knowledge of falsity].” Id. at 480 (citing Foretich v. Capital Cities/ABC, Inc., 37 F.3d 1541,1551 n. 8 (4th Cir.1994)). Pursuant to Rule 9(b), “malice, intent, knowledge, and other , condition of mind of a person may be averred generally.” Fed. R. Civ. P. 9(b); see Beuster, 435 F.Supp.2d at 480 (citing Rule 9(b); Hatfill v. N.Y. Times Co., 416 F.3d 320, 329 (4th Cir.2005)) (<HOLDING>). Magruder claims that Educational Credit Options: A. holding that heightened pleading standards do not apply to defamation actions B. holding that a court may not apply a heightened pleading standard more stringent than the usual pleading requirements of rule 8 in civil rights cases alleging municipal liability under 1983 C. holding that heightened pleading standards of fed rcivp 9b apply to fraud elements of rico claim D. holding that the federal false claims act is an antifraud statute to which rule 9bs heightened pleading requirements apply E. holding that the fact that federal rule of civil procedure 9b requires a heightened pleading standard for some claims but not for a section 1983 claim against a municipality means that the rules do not require a heightened pleading standard for such a claim

assistant: The best answer is A. holding that heightened pleading standards do not apply to defamation actions
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: Use the proceeds of the Loans, or lend, contribute or otherwise make available such proceeds (i) to fund any activities or business of or with any Person, or in any country or territory, that, at the time of such funding, is the subject of OFAC Sanctions Programs, except as licensed by OFAC or otherwise authorized under U.S. law; (ii) in violation of any Anti-Corruption Laws.

assistant: Anti-Corruption 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: collateral estoppel effects of their original choice of forum. See Hiatt, 75 F.3d at 1260 (noting that a plaintiff must accept the limitations of choosing a federal forum rather than a state forum) (citing Owen Equip. & Erection Co. v. Kroger, 437 U.S. 365, 376, 98 S.Ct. 2396, 57 L.Ed.2d 274 (1978)). 9 . We recognize that denial of class certification alone does not constitute a final judgment on the merits sufficient to satisfy the res judicata principles underlying the relitigation exception to the Anti-Injunction Act. See Coopers & Lybrand v. Livesay, 437 U.S. 463, 467, 98 S.Ct. 2454, 57 L.Ed.2d 351 (1978); White v. Cessna Aircraft Co., 518 F.2d 213, 215-16 (8th Cir.1975); see also In re General Motors Corp. Pick-Up Truck Fuel Tank Prod. Liab. Litig., 134 F.3d 133, 146 (3d Cir.1998) (<HOLDING>); J.R Clearwater Inc. v. Ash-land Chem. Co., 93 Options: A. holding that cafa jurisdiction survived denial of class certification B. holding that in the rule 23 class action context named plaintiff may appeal a denial of class certification even if his or her individual claims had been satisfied through the entry of judgment C. holding that denial of class certification in stillpending federal action lacked sufficient finality to invoke relitigation exception to antiinjunction act D. holding that denial of class certification is not a judgment for purposes of the antiinjunction act while the underlying litigation remains pending E. holding that district court in making class certification decision should avoid focusing on merits of underlying class action

assistant: The best answer is D. holding that denial of class certification is not a judgment for purposes of the antiinjunction act while the underlying litigation remains pending
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: on those issues was reached, and after plaintiffs documented the extent of their injuries to the defendants that the settlement occurred. The record does not support GEICO’s position that settlement was a foregone conclusion at the time the suit was filed. We believe that the trial court was correct in its determination that plaintiffs’ counsel played a substantial role in securing the settlement.” 75 Ill.App.3d at 213-14, 393 N.E.2d at 1083-84, 30 Ill.Dec. at 737. See also Guiel v. Allstate Ins. Co., 170 Vt. at 471, 756 A.2d at 782 (stating that “notwithstanding its bare statement that liability was conceded, [the subrogee] plainly benefited from the efforts of [the subrogor’s] attorney in securing its subrogation claim”); Bowen v. American Family Ins. Group, 504 N.W.2d at 607 (<HOLDING>); United Services Auto. Ass’n v. Hills, 172 Options: A. holding that conditioning uninsured motorist coverage on insureds agreement to not settle with other tortfeasors contravenes the um act also declaring void other insurance provision of policy which operated to relieve insurer of payment if insured secured statutory minimum from other source B. holding that while the subrogee argues that its own communication with the tortfeasors insurance company insured the protection of its subrogation interest it was the subrogors settlement with the tortfeasors insurer that made the payment of the subrogees interest possible C. holding in the context of an attorney malpractice suit an insurance company is not vicariously liable for the acts of the attorney it selects to defend the insured while the insurer selected the attorney to defend the insureds and controlled the ultimate decision to settle or defend under the policy there is nothing in the record to indicate the insurer had any control over the details of the litigation as it was being conducted by the the attorney D. holding that insurer could not tortiously interfere with its own insurance plan 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 B. holding that while the subrogee argues that its own communication with the tortfeasors insurance company insured the protection of its subrogation interest it was the subrogors settlement with the tortfeasors insurer that made the payment of the subrogees interest possible
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: Use the proceeds of (a) the Term Facility, to the extent drawn, solely to satisfy obligations in respect of the Senior Notes and the Senior Note Documents, and (b) all other Credit Extensions for working capital, capital expenditures and other lawful general corporate purposes not in contravention of any Law or of any Loan Document.

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 case excerpt and choose the best holding from the options. Case excerpt: stepped into a “sticky,” “slimy” substance on the floor behind her seat. She also saw other drippings and debris on the floor and that upon being helped up her hands, knees and dress were dirty. The court noted that “an inference arises that a dangerous condition existed.” Bozza, supra 42 N.J. at 358, 200 A.2d 777. Accordingly, the Court found that even without an inference of constructive notice, and “[alb-sent an explanation by defendants, a jury could find from the condition of the premises and the nature of the business that defendants did not exercise due care in operating the cafeteria ...” Bozza, supra 42 N.J. at 359, 200 A.2d 777, See Torda v. Grand Union Co., 59 N.J.Super. 41, 157 A.2d 133 (App.Div.1959); Wollerman v. Grand Union Stores, Inc., 47 N.J. 426, 221 A.2d 513 (1966)(<HOLDING>); Craggan v. IKEA USA, 332 N.J.Super. 53, 752 Options: A. holding that in order to establish standing a plaintiff must show 1 it has suffered an injury in fact 2 the injury is fairly traceable to the challenged action of the defendant and 3 it is likely as opposed to merely speculative that the injury will be redressed by a favorable decision B. holding that movant must demonstrate that irreparable injury is likely in the absence of an injunction C. holding that a plaintiff must demonstrate that in the absence of an injunction irreparable injury is likely and not merely a possibility D. holding that an antitrust injury is a necessary element of a 2 claim E. holding that an operator must do what is reasonably necessary to protect the customer from the risk of injury a particular mode of operation is likely to generate

assistant: The best answer is E. holding that an operator must do what is reasonably necessary to protect the customer from the risk of injury a particular mode of operation is likely to generate
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: Judge. In this medical malpractice action, Raymond Santa Lucia appeals from the cost judgment rendered after a jury verdict in his favor. He first contends the trial court abused its discretion in excluding from the cost judgment fees for Lawrence Forman and Dr. Hartley Mellish, the experts who provided testimony on the specific economic losses he incurred as a result of his injuries. The appellees properly concede Santa Lucia is entitled to recover these fees to the extent he can establish the fees were reasonable and necessary. See Payne v. Spier, 562 So.2d 440, 441 (Fla. 4th DCA 1990) (<HOLDING>). Santa Lucia also argues the trial court erred Options: A. holding the expert witnesses were protected by witness immunity to ensure expert objectivity B. holding expert testimony was based on reasonable medical probability where there were multiple possible causes and expert testified that one cause was more probable than the others C. holding that the plaintiff was entitled to recover reasonable expert fees for a rehabilitation expert and economist D. recognizing that the need for the expert was so great that the decision to preclude the expert effectively amounted to dismissal of case E. holding that an expert that had provided consulting services to the defendant relating to the litigation was not precluded from serving as an expert for the plaintiff

assistant: The best answer is C. holding that the plaintiff was entitled to recover reasonable expert fees for a rehabilitation expert and economist
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 Borrower will, and will cause each of its Subsidiaries to, comply with all applicable Laws, except to the extent failure to so comply could not, individually or in the aggregate for all such failures, reasonably be expected to have a Material Adverse Effect.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Administrative Agent shall have received a certificate of the chief financial officer or treasurer (or other comparable officer) of the Ply Gem Business certifying the Solvency, after giving effect to the Transactions and after giving effect to the effectiveness of the Atlas Merger, the Atlas Contribution and the repayment of certain existing Indebtedness of the Atrium Business on the Business Day immediately following the Closing Date, of the Borrower and its Subsidiaries on a consolidated basis in substantially the form of Exhibit H hereto.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Section 1396r-6, so it is to the latter section we must turn in assessing whether Congress intended to give Medicaid recipients enforceable rights. Subsection (a) of Section 1396r-6 provides that “each State plan approved under this sub-chapter must provide that each family which was receiving [AFDC] in at least 3 of the 6 months immediately preceding the month in which such family becomes ineligible for such aid, because of ... income from employment ... remain eligible for assistance under the plan ... during the immediately succeeding 6-month period.” This language focuses much more directly than does the FERPA provision on the individual’s entitlement. In particular, it contains no qualifying language akin to FERPA’s “policy or practice.” 249 F.3d 136, 143-44 (2d Cir.2001) (<HOLDING>). CONCLUSION For the reasons we have discussed, Options: A. holding that the claims to a statutory benefit had not yet vested when the legislature eliminated the benefit B. holding that there is a difference between a debtor attempting to pursue an action for his own benefit and a trustee pursuing an action for the benefit of the creditors C. holding that the avoidance powers provide for recovery only if the recovery is for the benefit of the estate D. holding that a plantshutdown benefit is not an optional form of benefit E. holding prior to gonzaga that medicaid provision requiring nursing facilities to provide certain services was intended for the benefit of the recipients and not for the benefit of the facilities

assistant: The best answer is E. holding prior to gonzaga that medicaid provision requiring nursing facilities to provide certain services was intended for the benefit of the recipients and not for the benefit of the facilities
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: unique facts and circumstances of each case” to determine whether an individual voluntarily consented to a search. Schneckloth v. Bustamonte, 412 U.S. 218, 233, 93 S.Ct. 2041, 36 L.Ed.2d 854 (1973). The district court’s sifting of the unique facts and circumstances in this case changed from its first order to its second order. When the district court reviewed the evidence through the lens of an unlawful seizure, it was then-and only then-the court found Loos’s and Escobar’s consents were constitutionally deficient. The district court properly considered the legal effect of the officer’s lie about the drug dog alerting when pondering whether Loos and Escobar voluntarily consented to the searches of their luggage. The Supreme Court has “stated that even when of 86, 1191 (8th Cir.1992) (<HOLDING>). Realizing there is “a vast difference between Options: A. holding that a fiftynine minute detention to wait for a drug dog was reasonable where the officer requested the dog immediately after developing reasonable suspicion B. holding that a district court did not clearly err in finding consent where two agents testified that the defendant orally consented but the defendant denied having orally consented and would not sign a written consent form C. holding that officers release of police dog to assist in arrest was discretionary act D. holding district courts finding of consent was not clearly erroneous when the defendant consented after officers told him they could get a drug dog even though the defendant knew the dog would alert E. holding that defendant voluntarily consented where defendants only basis for coercion was that the officers said that if he did not consent they would get a warrant which would take a while

assistant: The best answer is D. holding district courts finding of consent was not clearly erroneous when the defendant consented after officers told him they could get a drug dog even though the defendant knew the dog would alert
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 proceeds of the Revolving Credit Loans shall be used for (i) the acquisition of a Property; (ii) the repayment (in whole or in part) of existing mortgage debt on a Property; and (iii) Renovation Expense Loans and Operating Expense Loans in the aggregate not to exceed the lesser of (x) $15,000,000 or (y) 15% of the Borrowing Base; provided, however, that in no event shall Operating Expense Loans exceed $10,000,000. No part of the proceeds of any Loan may be used for any purpose that directly or indirectly violates or is inconsistent with, the provisions of Regulations T, U or X. Borrower shall not use, and shall take reasonable steps to ensure that none of its Subsidiaries and its or their respective directors, officers, employees and agents shall use, the proceeds of any Revolving Credit Loans (i) in furtherance of an offer, payment, promise to pay, or authorization of the payment or giving of money, or anything else of value, to any Person in violation of any Anti-Corruption Laws, or (ii) for the purpose of funding, financing or facilitating any activities, business or transaction of or with any Sanctioned Person, or in any Sanctioned Country.

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 case excerpt and choose the best holding from the options. Case excerpt: to aggravated assault with a deadly weapon, and because there was no evidence that appellant was threatened by real or apparent deadly force, he was not entitled to instructions on self-defense or apparent danger. Therefore, appellant’s first and third points of error should be overruled, and the judgment of the trial court should be affirmed. 1 . It is undisputed in this case that misdemeanor assault is a lesser included offense of aggravated assault. 2 . Appellant’s brief does not challenge the sufficiency of the evidence to show either that he seriously injured the complainant or that he used a deadly weapon to do so, but only whether he was entitled to additional jury instructions 3 . Although in another context this statement could also support an argument that the pp.1994) (<HOLDING>); Hayes v. State, 728 S.W.2d 804, 808 Options: A. holding that deadly force was unreasonable where according to the plaintiffs version of facts the decedent possessed a gun but was not pointing it at the officers and was not facing the officers when they shot him B. holding trial court reversibly erred in not permitting appellant to withdraw his plea where court erroneously stated appellant could appeal motion was in fact not dispositive and appellant was entitled to rely on the courts statement C. holding that instruction on use of deadly force was required where appellant was aware of the decedents violent history decedent had a gun in his car and appellant used force only after decedent had made an attempt to approach his car D. holding that instruction on use of deadly force was required where complainant was armed with a coke bottle E. holding that instruction on use of deadly force was not required where there was no evidence that decedent had attempted to assault appellant appellant could not retreat or that decedent was armed

assistant: The best answer is E. holding that instruction on use of deadly force was not required where there was no evidence that decedent had attempted to assault appellant appellant could not retreat or that decedent was armed
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: Delivery . This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. A digital reproduction, portable document format (“.pdf”) or other reproduction of this Agreement may be executed by one or more parties hereto and delivered by such party by electronic signature (including signature via DocuSign or similar services), electronic mail or any similar electronic transmission device pursuant to which the signature of or on behalf of such party can be seen. Such execution and delivery shall be considered valid, binding and effective for all purposes.

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: all the evidence relating to Claimant’s subjective complaints, including the various factors as required by Polaski, and determined Claimant’s allegations not to be credible. Although the ALJ did not explicitly discuss each Polaski factor in making his credibility determination, a reading of the decision in its entirety shows the ALJ to have acknowledged and considered the factors before discounting Claimant’s subjective complaints. See Brown v. Chater, 87 F.3d 963, 966 (8th Cir.1996). Inasmuch as the ALJ expressly considered Claimant’s credibility and noted numerous inconsistencies in the record as a whole, and the ALJ’s determination is supported by substantial evidence, such determination should not be disturbed by this Court. Id.; Dukes v. Barnhart, 436 F.3d 923, 928 (8th Cir.2006) (<HOLDING>); Reynolds v. Chater, 82 F.3d 254, 258 (8th Options: A. holding that a reviewing court has the power to reject the findings and conclusions of the trial court where the findings are not supported by the evidence B. holding that where adequately supported credibility findings are for the alj to make C. holding in the absence of alj findings supported by specific weighing of the evidence we cannot assess whether relevant evidence adequately supports the aljs conclusion D. holding that the alj must make findings setting forth specific and legitimate reasons that are supported by substantial evidence in order to reject the contradicted opinion of a treating physician E. holding that inconsistencies adequately support the administrative law judges alj adverse credibility finding

assistant: The best answer is B. holding that where adequately supported credibility findings are for the alj to make
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: Manager further agrees to (a) execute such affidavits and certificates as Lender shall reasonably require to further evidence the agreements herein contained, (b) on request from Lender, furnish Lender with copies of such information as Manager is entitled to receive under the Management Agreement and (c) cooperate with Lender’s representative in any inspection of all or any portion of the Property (such inspection only to occur upon prior notice and during normal business hours). Manager hereby acknowledges that some, or all, permits, licenses and authorizations necessary for the use, operation and maintenance of the Property (collectively, the “ Permits ”) may be held by, or on behalf of, the Manager. By executing this Assignment, Manager (i) agrees that it is holding or providing all such Permits for the benefit of Manager and/or Operating Lessee and (ii) agrees that as security for the repayment of the Obligations of the Loan Parties under the Loan Documents, to the extent permitted by applicable law, Manager hereby grants to Lender a security interest in and to the Permits. Moreover, Manager hereby agrees that, upon an Event of Default, it will assign the Permits to Lender if such Permits are assignable or otherwise continue to hold such Permits for the benefit of Lender until such time as Lender can obtain such Permits in its own name or the name of a nominee.

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: fleers had grounds to suspect Mocek had engaged or was engaged in disorderly behavior that would tend to disturb the peace at an airport security checkpoint. The fact that bystanders were undisturbed did not eliminate reasonable suspicion. Culpable conduct need not actually disturb the peace, but merely must be of the sort that tends to disturb the peace. State v. James M., 111 N.M. 473, 806 P.2d 1063, 1066 (Ct.App.1990). In concluding there was reasonable suspicion of disorderly conduct, we emphasize the uniquely sensitive setting we confront in this case. See Correa, 222 P.3d at 9 (suggesting the “time, place, and manner” of the defendant’s conduct influences whether it “disturb[s] the tranquility of the community”); cf. United States v. Guardado, 699 F.3d 1220, 1223 (10th Cir.2012) (<HOLDING>). Order and security are of obvious importance Options: A. holding that an officer has reasonable suspicion to conduct traffic stop even when his suspicion that a law has been violated is based on a reasonable mistake of law B. holding that an officers reasonable mistake of law can give rise to the reasonable suspicion necessary to justify a traffic stop under the fourth amendment C. holding that an officers diligent pursuit of an investigation during the detention is a factor in determining the reasonableness of an investigatory stop D. holding that circumstances created reasonable suspicion for investigatory stop E. holding the location of an investigative stop is a factor that contributes to an officers reasonable suspicion

assistant: The best answer is E. holding the location of an investigative stop is a factor that contributes to an officers reasonable suspicion
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: at 134. This is the standard set forth in RCW 51.52.112. On appeal, Probst contends that the superior court erred when it found that he must adhere to this standard. He contends that RCW 51.52.112 does not apply in his case. We disagree. ¶17 As an initial matter, it is a “well established rule that where statutes prescribe procedures for the reso lution of a particular type of dispute, state courts have required substantial compliance or satisfaction of the spirit of the procedural requirements before they will exercise jurisdiction over the matter.” James v. Kitsap County, 154 Wn.2d 574, 588, 115 P.3d 286 (2005) (citing Fisher Bros. Corp. v. Des Moines Sewer Dist., 97 Wn.2d 227, 230, 643 P.2d 436 (1982); Banner Realty, Inc. v. Dep’t of Revenue, 48 Wn. App. 274, 738 P.2d 279 (1987) (<HOLDING>)). Here, Probst admittedly failed to comply Options: A. holding that the superior court had no jurisdiction over the division of marital property when the district court had properly invoked jurisdiction over the property B. holding that the district court may decline to exercise supplemental jurisdiction over related statelaw claims once it has dismissed all claims over which it had original jurisdiction C. holding that a superior court could not exercise its original jurisdiction under article iv section 6 over a challenge to a tax decision where the party failed to strictly or substantially comply with statutory procedural requirements D. holding a trial court lacks jurisdiction when a party fails to strictly comply with the statutes regarding service E. holding that because the plaintiffs did not strictly comply with the statutory provisions for sending ante litem notice the trial court had no subj ect matter jurisdiction over the suit punctuation omitted

assistant: The best answer is C. holding that a superior court could not exercise its original jurisdiction under article iv section 6 over a challenge to a tax decision where the party failed to strictly or substantially comply with statutory procedural requirements
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed in two or more identical counterparts, all of which shall be considered one and the same agreement and shall become effective when counterparts have been signed by each party and delivered to the other party; provided that a facsimile signature shall be considered due execution and shall be binding upon the signatory thereto with the same force and effect as if the signature were an original, not a facsimile signature.

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: All notices, requests and demands to or upon the Administrative Agent or any Grantor hereunder shall be effected in the manner provided for in Section 11.2 of the Credit Agreement; provided that any such notice, request or demand to or upon any Guarantor (other than Parent or the Borrower) shall be addressed to such Guarantor at its notice address set forth on Schedule 1 (as such schedule may be amended from time to time).

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 case excerpt and choose the best holding from the options. Case excerpt: special presumption exists for licensees. "The likelihood of confusion exists as a matter of law if a licensee continues to use marks owned by the licensor after termination of the license." Bunn-O-Matic Corp. v. Bunn Coffee Serv., Inc., 88 F.Supp.2d 914, 922 (C.D.Ill.2000). The rationale is that "a strong risk of consumer confusion arises when a terminated franchisee continues to use the former franchisor’s trademarks." Burger King Corp. v. Mason, 710 F.2d 1480, 1492 (11th Cir.1983). See also Gorenstein Enterprises, Inc. v. Quality Care-USA, Inc., 874 F.2d 431, 435 (7th Cir.1989) ("Once a franchise has been terminated, the franchisee cannot be allowed to keep on using the trademark."); The Shell Co. (Puerto Rico) Ltd. v. Los Frailes Serv. Station, Inc., 605 F.3d 10, 22 (1st Cir.2010) (<HOLDING>); Downtowner/Passport Int’l Hotel Corp. v. Options: A. holding that it is no longer essential to show actual disruption if the government shows disruption is likely B. holding that a gas station who had previously sold shellbrand gasoline but no longer so did was likely to confuse reasonably prudent consumers when it sold nonshell brand fuel without completely obscuring the shell trademarks C. holding that a court lacks jurisdiction when the issues in a case are no longer live D. holding that a plaintiff had no injury in fact and consequently no standing when it had no enforceable contract right against the defendant E. holding that a regulation implementing a statute that was no longer valid did not have a legislative foundation

assistant: The best answer is B. holding that a gas station who had previously sold shellbrand gasoline but no longer so did was likely to confuse reasonably prudent consumers when it sold nonshell brand fuel without completely obscuring the shell trademarks
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 provisions of the immediately preceding six paragraphs shall remain in full force and effect regardless of whether the definitive documentation for the Senior Credit Facilities shall be executed and delivered, and notwithstanding the expiration or mutual termination of this Commitment Letter or any commitment or undertaking of any of the Commitment Parties hereunder; provided that (x) the reimbursement and indemnity provisions set forth in Section 6 of this Commitment Letter shall be superseded on the date of effectiveness of the definitive documentation for the Senior Credit Facilities that includes reimbursement and indemnity provisions and (y) the confidentiality provisions set forth in Section 5 of this Commitment Letter shall terminate on the earlier of (i) the date of effectiveness of the definitive documentation for the Senior Credit Facilities that includes confidentiality provisions applicable to the Commitment Parties (which shall supersede the confidentiality provisions in Section 5 hereof) and (ii) the second anniversary of the date hereof. The provisions of Section 3 and Section 4 hereof shall remain in full force and effect, regardless of whether the definitive documentation for the Senior Credit Facilities shall be executed and delivered, until the earlier of (1) a Successful Syndication (as defined in the Fee Letter) shall have been achieved or (2) the occurrence of the Commitment Expiry Date without a closing of the Senior Credit Facilities having occurred.

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 legal provision and list the applicable contract clause categories. Provision: Each Party hereby submits to the exclusive jurisdiction of any state court of Delaware located in Wilmington, Delaware (without recourse to arbitration unless both Parties agree in writing), and to service of process by certified mail, delivered to the Party at the most recent designated address. Each Party hereby irrevocably waives to the fullest extent permitted by applicable law, any objection to personal jurisdiction, whether on grounds of venue, residence or domicile.

assistant: Jurisdictions
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: trial court allowed Tucker to read the victim’s statement into the record and certified Tucker as “an expert in Sexual Assault Nurse Examiner.” {54} We hold that the victim’s statement to the SANE practitioner is testimonial because it falls into the third category of evidence labeled testimonial by Crawford, “statements that were made under circumstances which would lead an objective witness reasonably to believe that the statement would be available for use at a later trial.” 541 U.S. at 52,124 S.Ct. 1354 (internal quotation marks and citation omitted). {55} We first note that the fact that the SANE practitioner is not a government official does not preclude statements given to her from being testimonial. See, e.g., State v. Mack, 337 Or. 586, 101 P.3d 349, 352 (Or.2004) (en bane) (<HOLDING>). However, many cases involving statements Options: A. holding that the trial court did not err in precluding crossexamination of police officer as to statements made during an internal police investigation because the purpose for which such testimony was sought was pure speculation which has no support in the record B. holding victims statement testimonial where it was elicited in response to structured police questioning pursuant to a police investigation C. holding the confrontation clause applies only to testimonial statements D. holding that accusers 911 call initial statement to police upon their arrival at the crime scene and statements made to police a short time later were testimonial E. holding statements made to a social worker to be testimonial because she was acting as a proxy for the police

assistant: The best answer is E. holding statements made to a social worker to be testimonial because she was acting as a proxy for the police