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: Ex. 16. Specifically, the letter states, “Enclosed, please find copies of documents from [the plaintiff] that relate to her EEO investigation” and then lists the enclosed documents. Id. The letter does not mention discrimination or harassment. Therefore, the June 2007 letter is not a protected activity. See Paquin, 119 F.3d at 31; see also Fox v. Eagle Distrib. Co., Inc., 510 F.3d 587, 591 (6th Cir.2007) (requiring specific references to alleged acts of discrimination). Moving to whether the agency’s action following the November 2006 letter was materially adverse, the defendant claims that proposed removals do not qualify as materially adverse actions. Def.’s Reply at 21. Proposed removals, however, are exactly the kind of acts which the statute covers. See Powell, 390 F.Supp.2d at 9 (<HOLDING>); Willingham v. Gonzales, 391 F.Supp.2d 52, 59 Options: A. holding that each incident of discrimination and each retaliatory adverse employment decision constitutes a separate actionable unlawful employment practice for which an administrative charge must be filed B. holding that statutory damages were appropriate for each discrete violation of that states deceptive trade practices act C. holding in the context of a title yii claim that discrete acts such as termination or refusals to hire are separate retaliatory adverse employment decisions that each constitutes a separate actionable unlawful employment practice D. holding that the protection of the double jeopardy clause does not preclude a defendant from being charged under a statute defining as the criminal offense a discrete act after a prior conviction or acquittal of a distinguishable discrete act that is a separate violation of the statute E. holding that a proposed termination is the very type of discrete act identified as separate actionable unlawful employment practices

assistant: The best answer is E. holding that a proposed termination is the very type of discrete act identified as separate actionable unlawful employment practices
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: remand, the circuit court is instructed to determine the extent to which Dorsey satisfied the SIR requirements for each Gerling policy and to set off against Wheelwright’s recovery against Gerling under the consent judgment the amount of the SIR for each respective policy that was not satisfied by Dorsey. E. Gerling’s Argument that Dorsey Was “Not Legally Obligated to Pay” Gerling argues that its polices contain provisions requiring it to pay only those sums, in excess of the SIR amount, that Dorsey became “legally obligated to pay.” Gerling argues that because the consent judgment permits Wheelwright “to collect the judgment only to the extent that Dorsey’s insurance provides coverage,” Dorsey was never legally obligated to pay any part of the judgment. Gerling relie (5th Cir.1969)(<HOLDING>).” The circuit court also attached importance Options: A. holding that an insurance company which chose not to defend its insured could not later deny coverage by asserting the legally obligated to pay provision in the policy after the insured reached a settlement where the injured party agreed to collect only against insurance proceeds B. holding that despite assurances from the insurance company that the insured could file the pol after femas deadline the insured could not collect because the insured was responsible for timely filing C. holding that a plaintiffs agreement to collect only against a defendants insurance company was merely a covenant and did not constitute a release of the defendants from liability and stating that the defendant is still legally obligated to the injured party and the insurer still must make good on its contractual promise to pay D. holding that the insurer had no duty to defend the insured because the allegations of the initial complaint did not allege facts which would bring the case within the coverage of the title insurance policy E. holding that an insurance policy providing that the insurance company would pay all reasonable expenses incurred by the insured at our request emphasis omitted did not establish an agreement that the insurer would cover attorney fees and costs to the insured in a declaratory action

assistant: The best answer is A. holding that an insurance company which chose not to defend its insured could not later deny coverage by asserting the legally obligated to pay provision in the policy after the insured reached a settlement where the injured party agreed to collect only against insurance 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: TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW THAT CANNOT BE WAIVED, THE PARTIES HERETO HEREBY WAIVE, AND COVENANT THAT THEY WILL NOT ASSERT (WHETHER AS PLAINTIFF, DEFENDANT OR OTHERWISE), ANY RIGHT TO TRIAL BY JURY IN ANY ACTION ARISING IN WHOLE OR IN PART UNDER OR IN CONNECTION WITH THIS AGREEMENT OR THE NEGOTIATION, TERMS OR PERFORMANCE HEREOF OR THEREOF, WHETHER NOW EXISTING OR HEREAFTER ARISING, AND WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE. THE PARTIES HERETO AGREE THAT ANY OF THEM MAY FILE A COPY OF THIS PARAGRAPH WITH ANY COURT AS WRITTEN EVIDENCE OF THE KNOWING, VOLUNTARY AND BARGAINED-FOR AGREEMENT AMONG THE PARTIES HERETO. THE PARTIES HERETO FURTHER AGREE TO IRREVOCABLY WAIVE THEIR RIGHT TO A TRIAL BY JURY IN ANY PROCEEDING AND ANY SUCH PROCEEDING WILL INSTEAD BE TRIED IN A COURT OF COMPETENT JURISDICTION BY A JUDGE SITTING WITHOUT A JURY.

assistant: Waiver Of Jury Trials
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: (B) the extent and nature of any litigation concerning the controversy already commenced by or against members of the class; (C) the desirability or undesirability of concentrating the litigation of the claims in the particular forum; [and] (D) the difficulties likely to be encountered in the management of a class action. Fed.R.Civ.P. 23(b)(3). 13 . The per se ban on simultaneous negotiation of settlement terms and attorney's fees pronounced in Prandini v. National Tea Co., 557 F.2d 1015, 1020-21 (3d Cir.1977), has been overruled by the Supreme Court in Evans v. Jeff D., 475 U.S. 717, 738 n. 30, 106 S.Ct. 1531, 1543 n. 30, 89 L.Ed.2d 747 (1986), at least as to statutory fee actions under 42 U.S.C. § 1988. See Ashley v. Atlantic Richfield Co., 794 F.2d 128, 137-38 & n. 16 (3d Cir.1986) (<HOLDING>). Applying either the letter or the spirit of Options: A. recognizing rule B. recognizing prandinis overruling C. recognizing privilege D. recognizing change E. recognizing presumption

assistant: The best answer is B. recognizing prandinis overruling
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: you acknowledge that you do not acquire any ownership rights in or to the virtual money , virtual goods , or other content ; any balance of virtual goods or virtual money does not reflect any stored value .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each member of the Restricted Group is in compliance with the requirements of all Laws and all orders, writs, injunctions and decrees applicable to it or to its properties, except in such instances in which (a) such requirement of Law or order, writ, injunction or decree is being contested in good faith by appropriate proceedings diligently conducted or (b) the failure to comply therewith, either individually or in the aggregate, could not 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: As of the date hereof, the authorized capital stock of the Company consists of: (i) 1,500,000,000 shares of Common Stock, of which approximately 717,253,398 shares are issued and outstanding; and (ii) 5,000,000 shares of preferred stock, of which 5,000,000 are issued and outstanding. Except as disclosed in the SEC Documents, no shares are reserved for issuance pursuant to the Company’s stock option plans, no shares are reserved for issuance pursuant to securities (other than the Note and any other convertible promissory note issued to the Buyer) exercisable for, or convertible into or exchangeable for shares of Common Stock and 50,000,000 shares are reserved for issuance upon conversion of the Note. All of such outstanding shares of capital stock are, or upon issuance will be, duly authorized, validly issued, fully paid and non-assessable. No shares of capital stock of the Company are subject to preemptive rights or any other similar rights of the shareholders of the Company or any liens or encumbrances imposed through the actions or failure to act of the Company. Except as disclosed in the SEC Documents, as of the effective date of this Agreement, (i) there are no outstanding options, warrants, scrip, rights to subscribe for, puts, calls, rights of first refusal, agreements, understandings, claims or other commitments or rights of any character whatsoever relating to, or securities or rights convertible into or exchangeable for any shares of capital stock of the Company or any of its Subsidiaries, or arrangements by which the Company or any of its Subsidiaries is or may become bound to issue additional shares of capital stock of the Company or any of its Subsidiaries, (ii) there are no agreements or arrangements under which the Company or any of its Subsidiaries is obligated to register the sale of any of its or their securities under the 1933 Act and (iii) there are no anti-dilution or price adjustment provisions contained in any security issued by the Company (or in any agreement providing rights to security holders) that will be triggered by the issuance of the Note or the Conversion Shares. The Company has filed in its SEC Documents true and correct copies of the Company’s Certificate of Incorporation as in effect on the date hereof (“Certificate of Incorporation”), the Company’s By-laws, as in effect on the date hereof (the “By-laws”), and the terms of all securities convertible into or exercisable for Common Stock of the Company and the material rights of the holders thereof in respect thereto. The Company shall provide the Buyer with a written update of this representation signed by the Company’s Chief Executive on behalf of the Company as of the Closing Date.

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 case excerpt and choose the best holding from the options. Case excerpt: Tolkien Enterprises suggests is appropriate here. Tolkien Enterprises argues for an absolutist reading of precedent, citing this court’s ruling that naked licensing is “inherently deceptive and constitutes abandonment of any rights to the trademark.” See First Interstate, 1990 WL 300321, at *3. However, to zero in on this language alone is to lose the benefits of context in an attempt to infer a broad rule about the effects of naked licensing. The context of Tolkien Enterprises’s supporting case law reveals that the cases cited stand only for the proposition that a claimant may not advance an infringement claim after granting a naked license to his mark. See id.; Pa. Dutch Co., Inc. v. Pa. Amish Co., Inc., 1974 WL 20223 (Pa.Com. Pl. Aug.26, 1974). See also Barcamerica, 289 F.3d at 589 (<HOLDING>); Halo Mgmt., LLC v. Interland, Inc., 2004 WL Options: A. holding that contributory trademark infringement requires some predicate act of infringement B. holding in a patent infringement case that plaintiff lacked standing where it held a conditional right to license a patent and enforce license agreements but did not have the right to transfer the patent C. holding that the government could not be precluded from raising the express license in the instant infringement suit on the basis of the commissioners earlier decision because the commissioner did not have authority under executive order 10096 to consider the express license D. holding that claimant may not pursue infringement claim after issuing naked license E. holding grant of naked license to be a fraud on the public and unlawful

assistant: The best answer is D. holding that claimant may not pursue infringement claim after issuing naked license
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 of the Administrative Agent and each Lender agrees to keep confidential all non-public information provided to it by any Loan Party, the Administrative Agent or any Lender pursuant to or in connection with this Agreement that is designated by the provider thereof as confidential; provided that nothing herein shall prevent the Administrative Agent or any Lender from disclosing any such information (a) to the Administrative Agent, any other Lender or any affiliate thereof, (b) subject to an agreement to comply with provisions at least as restrictive as those of this Section 10.15 , to any actual or prospective Transferee or any direct or indirect counterparty to any Swap Agreement (or any professional advisor to such counterparty), (c) to its employees, directors, officers, agents, attorneys, accountants and other professional advisors or those of any of its affiliates, (d) upon the request or demand of any Governmental Authority, (e) in response to any order of any court or other Governmental Authority or as may otherwise be required pursuant to any Requirement of Law, (f) if requested or required to do so in connection with any litigation or similar proceeding, (g) that has been publicly disclosed, (h) to the National Association of Insurance Commissioners or any similar organization or any nationally recognized rating agency that requires access to information about a Lender’s investment portfolio in connection with ratings issued with respect to such Lender, (i) in connection with the exercise of any remedy hereunder or under any other Loan Document, (j) to market data collectors, (k) if agreed by the Borrowers’ Agent in its sole discretion, to any other Person and (l) to the extent that such information (x) becomes publicly available other than as a result of a breach of this Section, or (y) becomes available to the Administrative Agent, any Lender or any of their respective affiliates on a nonconfidential basis from a source other than the MLP or any of its Affiliates.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as otherwise provided herein, the vesting schedule of any Award of Performance Shares, Performance Stock Units, Dividend Equivalents, Stock Payments, Deferred Stock, Restricted Stock Units or Other Stock-Based Award shall be set by the Committee in its discretion.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: THIS PATENT SECURITY AGREEMENT AND ANY CLAIM, CONTROVERSY, DISPUTE OR CAUSE OF ACTION (WHETHER IN CONTRACT OR TORT OR OTHERWISE) BASED UPON, ARISING OUT OF OR RELATING TO THIS PATENT SECURITY AGREEMENT AND THE TRANSACTIONS CONTEMPLATED HEREBY SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH, THE LAW OF THE STATE OF NEW YORK.

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: committed acts constituting a violation of his privacy rights. As discussed above, Plaintiff has not so shown. Defendant’s motion for summary judgment on Count VI is granted. III. Conclusion For the foregoing reasons, no triable issue of fact exists and Defendant is entitled to prevail as a matter of law. Plaintiffs motion for summary judgment is denied. Defendant’s motion for summary judgment is granted. IT IS SO ORDERED. 1 . Whether a plaintiff can bring a cause of action for "false light” publicity in Ohio is a matter of some uncertainty. In M.J. DiCorpo, Inc. v. Sweeney, 69 Ohio St.3d 497, 634 N.E.2d 203 (1994), the Ohio Supreme Court expressly declined either to adopt or reject such a cause of action. Appellate Courts in Ohio are split on the issue. Compare Piro and Killilea (<HOLDING>) with Bertsch v. Communications Workers of Am. Options: A. recognizing cause of action for wrongful death B. holding that dismissal is proper for a derivative cause of action but not for a direct cause of action C. recognizing cause of action for wrongful discharge D. recognizing the cause of action E. recognizing cause of action for loss of consortium

assistant: The best answer is D. recognizing the cause of 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 legal provision and list the applicable contract clause categories. Provision: All representations and warranties made in this Amendment or in any other Loan Document shall survive the execution and delivery of this Amendment. Such representations and warranties have been or will be relied upon by the Agent and each Lender, regardless of any investigation made by the Agent or any Lender or on their behalf and notwithstanding that the Agent or any Lender may have had notice or knowledge of any Default at the time of any extension of credit under the Loan and Security Agreement, and shall continue in full force and effect as long as any Loan or any other Obligation under the Loan and Security Agreement or any other Loan Document shall remain unpaid or unsatisfied or any Letter of Credit shall remain outstanding.

assistant: Warranties
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 Borrower shall use the proceeds of any Credit Extension, whether directly or indirectly, and whether immediately, incidentally or ultimately, to purchase or carry margin stock (within the meaning of Regulation U of the FRB) or to extend credit to others for the purpose of purchasing or carrying margin stock or to refund indebtedness originally incurred for such purpose in violation of Regulation U of the FRB.

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: The Committee has the authority to control and manage the operation and administration of the Plan and to make all interpretations and determinations necessary or appropriate for the administration of the Plan and this Agreement, including the enforcement of any recovery of payments pursuant to Section 6 or otherwise . Any interpretations of the Plan or this Agreement by the Committee and any decisions made by it under the Plan or this Agreement are final a nd binding on the Participant and all other persons. Any inconsistency between this Agreement and the Plan shall be resolved in favor of the Plan.

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: Buyer has the requisite company power and authority to enter into this Agreement, to carry out its obligations hereunder and to consummate the transactions contemplated hereby. The execution and delivery by Buyer of this Agreement, the performance by Buyer of its obligations hereunder and the consummation by Buyer of the transactions contemplated hereby have been duly authorized by all requisite company action. This Agreement has been duly executed and delivered by Buyer and constitutes the legal, valid and binding obligation of Buyer, enforceable against Buyer in accordance with its terms, except as such enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or similar Laws affecting creditors’ rights generally and by general principles of equity (regardless of whether enforcement is sought in a proceeding at law or in equity).

assistant: Enforceability
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: from which class members would be derived, take into account comparative fault in determining whether the insured was made whole whereas others do not. Compare Williams v. Delta International Machinery Corp., 619 So.2d 1330 (Ala.1993) (Alabama does not recognize comparative fault) with Sorge v. National Car Rental System, Inc., 182 Wis.2d 52, 512 N.W.2d 505 (1994); and Adamson v. City of Lafayette, 521 So.2d 1258 (La.App.3d Cir. 1988) (including comparative fault in the “make whole” calculus). Similarly, the states are not unified on the issue of whether the “made whole rule” may be altered by written agreement between the insurer and the insured. Compare Willard v. Auto. Underwriters, Inc., 407 N.E.2d 1192 (Ind.Ct.App. 1980) and Collins v. Wilcott, 578 So.2d 742 (Fla. 5th DCA 1991) (<HOLDING>) with Rimes v. State Farm Mutual Auto. Ins., Options: A. holding that the statute in question served to modify prior common law and that the legislature was empowered to make such changes in the common law based on the public interest B. 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 C. holding that there is an actual controversy between an insurer and the party injured by the insured D. holding that an insurer can deny benefits based on late notice by the insured only when the insurer is prejudiced by the delay E. recognizing that an agreement between the insurer and the insured can modify the common law make whole concept

assistant: The best answer is E. recognizing that an agreement between the insurer and the insured can modify the common law make whole concept
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: Abortion Federation, in its “Standards for Abortion Care,” states that the “maintenance of complete and accurate records is essential for quality patient care and meaningful review of services.” The Federation’s “Standards of Abortion Care” explains that the “reporting of abortion procedures and complications to appropriate private and legally sanctioned public agencies generally improvefs] family planning services and public health information.” In addition, South Carolina argues that its statutes and regulations provide adequately for the privacy of patients’ records. The abortion clinics contend, on the other hand, that disclosure of patients’ names and records violates the patients’ privacy rights as defined in Whalen v. Roe, 429 U.S. 589, 597, 97 S.Ct. 869, 51 L.Ed.2d 64 (1977) (<HOLDING>), and Walls v. City of Petersburg, 895 F.2d Options: A. recognizing a right to privacy in avoiding disclosure of personal matters B. holding that disclosure of information contained in undercover officers personnel files violated the officers privacy interest in preserving their lives and personal security C. recognizing a constitutional right of privacy in mental health records D. recognizing limits on an individuals right to privacy and requiring the government to move a compelling interest only if there will be disclosure of protected information E. holding that the right of privacy does not attach to matters already within the public domain

assistant: The best answer is A. recognizing a right to privacy in avoiding disclosure of personal matters
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 Employment Term, the Company shall be entitled to withhold from the payment of any compensation and provision of any benefit under this Letter Agreement such amounts as may be required by applicable law, including without limitation for purposes of the payment of payroll and income taxes.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: hoodwinked.” Harmon disputes the existence of any “startling event or condition” as required by the rule. While Waitt suggests the signing of the January Will could constitute such an event, he had no personal knowledge of the event and Harmon and Sullivan vigorously disputed that Cecelia appeared to be under any undue stress. ¶30 Furthermore, the signing occurred numerous hours prior to the alleged statement. Case law suggests a more demanding standard under the rule for excitement and closeness in time. See e.g. State v. Norgaard, 201 Mont. 165, 176, 653 P.2d 483, 488 (1982) (upholding a district court’s conclusion that the excited utterance rule should not apply to a statement made one hour after a verbal argument); State v. Swazio, 173 Mont. 440, 443-44, 568 P.2d 124, 126 (1977) (<HOLDING>); Sullivan v. Metro. Life Ins. Co., 96 Mont. Options: A. holding eyewitnesss statement made an hour after the crime properly admitted as excited utterance based on magnitude of crime and officers testimony that witness was excited and upset when making the statement B. recognizing statement could be admissible as an excited utterance and still constitute a testimonial statement for purposes of a confrontation clause analysis C. holding statement must be made contemporaneously with the excitement or stresscausing event D. holding that trial counsel was not ineffective when he failed to introduce defendants prior consistent statement statement was not admissible because it was made after defendant had been arrested clearly not a time when the effect of the statement could not have been foreseen E. holding that a statement made by a witness to a shooting an hour or two after the incident was not an excited utterance as it was not made while the speaker was laboring under excitement and before he had to time to reflect

assistant: The best answer is E. holding that a statement made by a witness to a shooting an hour or two after the incident was not an excited utterance as it was not made while the speaker was laboring under excitement and before he had to time to reflect
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: Again, Metellus answered affirmatively. The prosecutor inquired whether Elozar and Ocer participated in the home invasion and burglary that occurred January 10, and Metellus agreed. As to the home invasion of January 13, Metellus agreed that Ocer and Elozar participated in that offense. The prosecutor showed Metellus a picture of Elozar, and Metellus identified Elozar as the same man who had participated in the robberies with him. 2 . Metellus, through counsel, advised the court that he was not seeking to vacate the plea agreement and did not object to the sentence that was imposed. 3 . The constitutional protection against double jeopardy may be waived pursuant to a bargained-for plea agreement. Melvin v. State, 645 So.2d 448 (Fla.1994); Novaton v. State, 634 So.2d 607 (Fla.1994) (<HOLDING>); Blair v. State, 805 So.2d 873, 878 (Fla. 2d Options: A. holding that defendant did not have standing to raise facial challenge to validity of aggravated assault statutes for their risk of creating double jeopardy grounds because he himself was not charged in way that created double jeopardy B. holding that a defendants acceptance of sentencing pursuant to a bargained for plea agreement waives any double jeopardy violations C. holding that the constitutional protection against double jeopardy may be waived pursuant to a bargainedfor plea D. holding that a bargainedfor plea waives the right to attack multiple convictions on double jeopardy grounds E. holding that convictions for the crimes of conspiracy and continuing criminal enterprise violate double jeopardy

assistant: The best answer is D. holding that a bargainedfor plea waives the right to attack multiple convictions on double jeopardy grounds
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: interests by avoiding defense theories that could have exposed ClearOne to criminal liability. To support her claim, Ms. Flood cites the government’s allegation at sentencing that Clear-One had been involved in the fraud and was therefore ineligible for restitution. Id. at 3873. However, Ms. Flood has not identified a viable, alternative strategy. See Bowie, 892 F.2d at 1500; see also Noe v. United States, 601 F.3d 784, 790-91 (8th Cir.2010) (rejecting conflict of interest claim where defendant had “not shown that [alternative strategies] were objectively reasonable”). Moreover, she has not shown that SCM relinquished that strategy “for the benefit of another party.” Alvarez, 137 F.3d at 1252 (quotation omitted); see United States v. Carpenter, 769 F.2d 258, 263 (5th Cir.1985) (<HOLDING>). Without more, the conflict is “purely Options: A. holding that under the eaja a litigant did not incur fees when his former employer agreed to pay his legal fees and expenses B. holding that plaintiff failed to adequately brief an issue where he failed to cite any legal authority for the proposition C. holding that a party had failed to preserve an argument for appellate review when that party had failed to argue the issue to the trial court either at trial or in his postjudgment motion D. holding that defendant is entitled to qualified immunity because plaintiff failed to allege the violation of a clearly established constitutional right E. holding that defendant failed to allege any strategy which defense counsel used or failed to use because a third party had agreed to pay the legal fees

assistant: The best answer is E. holding that defendant failed to allege any strategy which defense counsel used or failed to use because a third party had agreed to pay the legal fees
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 independence .and vigor of Americans who grow up and live in this relatively permissive, often disputatious, society. Tinker, 393 U.S. at 508-09, 89 S.Ct. 733. The Court then further explained that: In our system, state-operated schools may not be enclaves of totalitarianism. School officials do not possess absolute authority over their students. Students in school as well as out of school are ‘persons’ under our Constitution. They are possessed of fundamental rights which the State must respect, just as they themselves must respect their obligations to the State. In our system, students may not be regarded as closed-circuit recipients of only that which the State chooses to communicate. They may not be confined to the expression of those sentiments that a 1252, 1258 (N.D.Ga.1980) (<HOLDING>); Banks v. Bd. of Public Instr., 314 F.Supp. Options: A. holding that a principal did not impinge students first amendment rights by censoring articles in a high school newspaper B. holding that a teacher was unjustified in censoring an article in the school newspaper because it was inconceivable that the use of the word damn one time in the article would have caused material and substantial interference with school activities C. holding the tlo standard governs school searches when school resource officers who although employed by the local police department are primarily responsible to the school district are acting in conjunction with school officials D. holding that a school may not prohibit expressive activity unless there are facts which might reasonably have led school authorities to forecast substantial disruption of or material interference with school activities E. holding that a school district was not liable for sexual molestation of plaintiffs daughter by a teacher even though the acts occurred on school property and during school hours

assistant: The best answer is B. holding that a teacher was unjustified in censoring an article in the school newspaper because it was inconceivable that the use of the word damn one time in the article would have caused material and substantial interference with school activities
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: by the litigation.” Id. RCG can certainly demonstrate that its position was improved by the litigation given that it recovered 72% of the amount sought. 65 Under MCR 3.602(1), “[a] party may move for confirmation of an arbitration award within one year after the award was rendered.” “Confirmation is a summary proceeding where the court merely converts an arbitration award into a final judgment.” 6 CJS, Arbitration, § 181, p 248 (2004). A party may seek confirmation for various reasons. For instance, a party may initiate confirmation proceedings if it desires that an official record of the confirmation and judgment be made. See 6 CJS, Arbitration, § 178, pp 244-246 (2004). 66 See MCR 3.602(M). 67 See, e.g., Henderson v Summerville Ford-Mercury Inc, 406 SC 440, 454; 748 SE2d 221 (2013) (<HOLDING>); Drummond v State Farm Mut Auto Ins Co, 280 Options: A. holding that confirmation was mandatory regardless of payment unless the award is modified vacated or corrected B. holding that a request made within 180 days of a modified confirmation order entered three months after the original confirmation order but more than 180 days after the original confirmation order was timebarred C. holding it is the payment and not the request which triggers the statute D. holding that payment does not moot a confirmation request E. holding that a trial court may deny a confirmation motion when satisfaction has rendered the controversy moot

assistant: The best answer is D. holding that payment does not moot a confirmation request
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: If any provision of this Agreement is found by a court or other tribunal of competent jurisdiction to be invalid or unenforceable, the attempt shall first be made to read that provision in such a way as to make it valid and enforceable in light of the Parties’ apparent intent as evidenced by this Agreement. If such a reading is impossible, the tribunal having jurisdiction may revise the provision in any reasonable manner, to the extent necessary to make it binding and enforceable. If no such revision is possible, the offending provision shall be deemed stricken from this Agreement, and every other provision shall remain in full force and effect.

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: of patriotic or political importance, it is understood that: the reasonable observer will see one religious code placed alongside ... political or patriotic documents, and will understand that the [government actor] pro-motets] that one religious code as being on a par with our nation’s most cherished secular symbols and documents. This is endorsement.... American Civil Liberties Union of Kentucky v. McCreary County, Kentucky, 145 F.Supp.2d 845, 851 (E.D.Ky.2001), quoted in McCreary County, 354 F.3d at 459. Thus, this Court has condemned transparent attempts to “secularize” displays of the Ten Commandments by surrounding them with other patriotic documents and symbols. McCreary County, 354 F.3d at 460 (citing Indiana Civil Liberties Union v. O’Bannon, 259 F.3d 766, 773 (7th Cir.2001) (<HOLDING>)). Similarly, the Seventh Circuit Court of Options: A. holding 15 of the kansas constitution bill of rights affords rights identical to the fourth amendment and therefore the leon goodfaith exception should be woven into state constitutional protections against unreasonable searches and seizures B. holding that where it is alleged that state has violated rights conferred by constitution governmental immunity is not available in state court action but declining to infer a right to sue the state for damages on the basis of a violation of the michigan constitution C. holding that it is apparent that this act is not a revenue bill within the contemplation of said section of the constitution fpr the reason that the revenue to be derived therefrom is merely an incident to the main object of the bill and that its general purpose was not that of raising revenue id 5 D. holding that a display consisting of bill of rights preamble to indiana constitution and ten commandments would signal to reasonable observer that the state approved of such a link and was sending a message of endorsement E. holding that bill of lading issued as to two containers was binding as to third container which was stolen and as to which no bill of lading issued provided that the bill of lading in evidence was the standard form bill of lading that carrier always used

assistant: The best answer is D. holding that a display consisting of bill of rights preamble to indiana constitution and ten commandments would signal to reasonable observer that the state approved of such a link and was sending a message of endorsement
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed in two or more counterparts, each of which shall be deemed to be an original. Electronic, photocopy and facsimile copies of signatures may be used in place and stead of original signatures with the same force and effect as 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: able to consider the impact of t escribing Wilson as concluding that knock-and-announce rule is "a command of the Fourth Amendment"). 14 . Id. at --, 126 S.Ct. at 2165. 15 . Id. at --, 126 S.Ct. at 2165. In addition, this Court notes that the knock-and-announce requirement helps minimize the potentially harmful and even fatal consequences that can result when officers executing a search warrant serve it on the wrong residence. 16 . Id. The Court concluded, "Since the interests that were violated in this case have nothing to do with the seizure of the evidence, the exclusionary rule is inapplicable." Id. (emphasis in original). 17 . Id. at --, 126 S.Ct. at 2165-68. 18 . Id. at --, 126 S.Ct. at 2168 (referring to Mapp v. Ohio, 367 U.S. 643, 655, 81 S.Ct. 1684, 1691, 6 LEd.2d 1081 (1961) (<HOLDING>)). 19 . It should be noted that this Court has Options: A. holding that forfeiture statute is subject to the fourth amendments prohibitions against unreasonable searches and seizures B. holding all evidence obtained by searches and seizures in violation of the constitution is by that same authority inadmissible in a state court C. holding that direct and indirect evidence from unlawful searches is inadmissible D. holding that evidence obtained by improper search or seizure is inadmissible E. holding that evidence obtained through unconstitutional searches and seizures is inadmissible in state court

assistant: The best answer is E. holding that evidence obtained through unconstitutional searches and seizures is inadmissible in state court
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company will use the proceeds from the sale of the Securities (excluding amounts paid by the Company for fees as set forth in the Financing Agreements) for general corporate and working capital purposes and acquisitions or assets, businesses or operations or for other purposes that the board of directors, in its good faith deem to be in the best interest of the Company.

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: Except with respect to the material terms and conditions of the transactions contemplated by the Transaction Documents, the Company confirms that neither it nor any other Person acting on its behalf has provided any of the Purchasers or their agents or counsel with any information that it believes constitutes or might constitute material, non-public information which is not otherwise disclosed in the Prospectus Supplement. The Company understands and confirms that the Purchasers will rely on the foregoing representation in effecting transactions in securities of the Company. All of the disclosure furnished by or on behalf of the Company to the Purchasers regarding the Company and its Subsidiaries, their respective businesses and the transactions contemplated hereby is true and correct and does not contain any untrue statement of a material fact or omit to state any material fact necessary in order to make the statements made therein, in light of the circumstances under which they were made, not misleading. The press releases disseminated by the Company during the twelve months preceding the date of this Agreement taken as a whole do not contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary in order to make the statements therein, in light of the circumstances under which they were made and when made, not misleading. The Company acknowledges and agrees that no Purchaser makes or has made any representations or warranties with respect to the transactions contemplated hereby other than those specifically set forth in Section 3.2 hereof.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: be filed pursuant to 11 U.S.C. § 503.” See Official Bankruptcy Form B 10 (Dec.2007) available at www.uscourts.gov/ rules/BK_F orms_Pending_2008/ B_010_1208v4.pdf (last visited September 9, 2009). 5 . The court in In re MicroAge discounted this policy concern because "[a]ny creditor that has received an avoidable transfer may find itself compelled to return that transfer, whether it does business with the reorganized debtor or not.” 291 B.R. at 512. But doing business with the reorganized debtor and filing a request for payment of administrative expenses might have other consequences, such as waiving the vendor’s right to a jury trial in any preference action initiated by the debtor. See Granfinanciera, S.A. v. Nordberg, 492 U.S. 33, 58-59 & n. 14, 109 S.Ct. 2782, 106 L.Ed.2d 26 (1989) (<HOLDING>); In re CBI Holding Co., 529 F.3d 432, 438 (2d Options: A. holding trustee has not waived the right to bring a preference objection B. holding trustee has waived the right to bring a preference objection C. holding defendant to a preference action has a right to a jury trial pursuant to the seventh amendment of the united states constitution but that right can be waived by filing a claim in the bankruptcy proceedings D. holding that seventh amendment right to jury trial not violated by courts dismissal for lack of jurisdiction E. holding that seventh amendment right to jury trial not violated by courts dismissal for failure to state a claim pursuant to rule 12b6 because as a matter of law complaint faded to present an issue for trial

assistant: The best answer is C. holding defendant to a preference action has a right to a jury trial pursuant to the seventh amendment of the united states constitution but that right can be waived by filing a claim in the bankruptcy proceedings
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: please note that the default ranking is created through a fully automatic ranking system ( algorithm ) and based on multiple criteria , which include not only the popularity of a supplier among our visitors , but also customer service history and certain booking-related data ( number of bookings , cancellations , conversion rate , etc ) .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All consents, approvals, waivers or amendments pursuant to all contracts, licenses, permits, trademarks and other intangibles in connection with the transactions contemplated herein, or for the continued operation of CJC after the Closing Date on the basis as presently operated shall have been obtained.

assistant: Consents