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 legal provision and list the applicable contract clause categories. Provision: Borrower Agent shall provide to Lender, on or before the 20 th day of each month, (a) a consolidated detailed aged trial balance of all Accounts as of the end of the preceding month, specifying each Account’s Account Debtor name and address, amount, invoice date and due date, showing any discount, allowance, credit, authorized return or dispute, and including such proof of delivery, copies of invoices and invoice registers, copies of related documents, repayment histories, status reports and other information as Lender may reasonably request; provided , that , with respect to Eligible Accounts, the foregoing information shall be delivered on a weekly basis by the Tuesday of each week for the immediately preceding week; and (b) a monthly roll forward report of all Accounts from the previous month. If Accounts in an aggregate face amount of $50,000 or more cease to be Eligible Accounts, Borrowers shall notify Lender of such occurrence promptly (and in any event within one (1) Business Day) after Borrowers have knowledge thereof.

assistant: Records
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 the enjoyment of the parcel previously benefitted. Hansuld II, ¶ 10, 245 P.3d at 298 (quoting Hansuld I, ¶ 15, 81 P.3d at 218). [¶ 37] Although the Miners appear to contest only the second element, we will address each element separately. 1. Unified Ownership followed by Separating Conveyance [¶ 38] The evidence in the record is clear that Ms. Jaycox owned all of Lot 1 before she divided the lot for financing the construction of apartment buildings on the North Parcel and the South Parcel. Although Ms. Jaycox had encumbered the North and South Parcels with mortgages in 2005, under Wyoming law, her ownership interest remained unified until 2008 when the North and South Parcels were sold in foreclosure. See Robinson Mercantile Co. v. Davis, 26 Wyo. 484, 187 P. 931, 932 (1920) (<HOLDING>). In 2008, when the parcels were sold to the Options: A. holding that foreclosure of prior mortgage extinguished second mortgage B. holding that in wyoming the mortgage simply creates a lien upon the land and it must be sold on foreclosure to pass the title C. holding that despite foreclosure judgment providing that the holder of a junior mortgage had no interest in or lien on or claim to said premises the lack of foreclosure sale meant that the junior mortgage was not extinguished D. holding that even though the complaint sought money damages and land was actually recovered the attorneys lien attached to the land E. holding that the note and the mortgage must coexist to give the mortgage validity

assistant: The best answer is B. holding that in wyoming the mortgage simply creates a lien upon the land and it must be sold on foreclosure to pass the title
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 PARTIES TO THIS AGREEMENT EACH HEREBY WAIVES, AND AGREES TO CAUSE ITS AFFILIATES TO WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY RIGHT TO TRIAL BY JURY OF ANY CLAIM, DEMAND, ACTION OR CAUSE OF ACTION (A) ARISING UNDER THIS AGREEMENT OR (B) IN ANY WAY CONNECTED WITH OR RELATED OR INCIDENTAL TO THE DEALINGS OF THE PARTIES HERETO IN RESPECT OF THIS AGREEMENT OR ANY OF THE TRANSACTIONS RELATED HERETO, IN EACH CASE WHETHER NOW EXISTING OR HEREAFTER ARISING, AND WHETHER IN CONTRACT, TORT, EQUITY OR OTHERWISE. THE PARTIES TO THIS AGREEMENT EACH HEREBY AGREES AND CONSENTS THAT ANY SUCH CLAIM, DEMAND, ACTION OR CAUSE OF ACTION SHALL BE DECIDED BY COURT TRIAL WITHOUT A JURY AND THAT THE PARTIES TO THIS AGREEMENT MAY FILE AN ORIGINAL COUNTERPART OF A COPY OF THIS AGREEMENT WITH ANY COURT AS WRITTEN EVIDENCE OF THE CONSENT OF THE PARTIES HERETO TO THE WAIVER OF THEIR RIGHT TO TRIAL BY 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 legal provision and list the applicable contract clause categories. Provision: This Agreement sets forth the entire agreement between Executive and the Corporation. Any prior agreements between or directly involving Executive and any of the Released Parties are superseded by the terms of this Agreement and thus are rendered null and void with the exception of any noncompetition, confidentiality, nonsolicitation and/or assignment of business ideas agreements or any prior agreements between the parties related to inventions, business ideas, and confidentiality of corporate information, which remain intact, including, but not limited to, those provided to Executive with this Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Court set forth the appropriate standard of judicial review of benefit determinations by fiduciaries or plan administrators in Firestone Tire & Rubber Co. v. Bruch, 489 U.S. 101, 111, 109 S.Ct. 948, 103 L.Ed.2d 80 (1989). The Court held that a denial of benefits challenge under 29 U.S.C. § 1132(a)(1)(B) should be reviewed under a de novo standard unless the benefit plan grants the administrator or fiduciary discretionary authority to determine eligibility for benefits or to construe the terms of the plan. Firestone, 489 U.S. at 115, 109 S.Ct. 948. When a plan grants such authority, the abuse of discretion standard applies. Id. Thus, Raytheon argues, under Firestone, deference should be given to the administrator’s determination that Ms. Hogan wa , 174 F.3d 606, 611 (5th Cir.1999) (<HOLDING>). Moreover, we agree with the district court Options: A. holding statutory interpretation is subject to de novo review B. holding that we review issues of statutory interpretation de novo C. recognizing that the standard of review for issues of statutory interpretation and construction is de novo D. holding that the court should review de novo the administrators decision that a property settlement agreement constituted a qdro because it involves interpretation of a settlement agreement and statutory construction not interpretation of the plan E. holding that a settlement agreement is not a court order and therefore a violation of the settlement agreement would not subject a party to contempt

assistant: The best answer is D. holding that the court should review de novo the administrators decision that a property settlement agreement constituted a qdro because it involves interpretation of a settlement agreement and statutory construction not interpretation of the plan
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: parties raised the issue of attorney’s fees prior to the issuance of the March 12 order by expressly including a request for attorney’s fees and costs in their prayers for relief. The trial court bifurcated the underlying hearing on the merits and informed the parties that it would hear arguments relating to attorney’s fees after reaching a ruling on the merits. Thus, in its order denying the motion to vacate, the court indicated that the parties “may” present their arguments for attorney’s fees and costs at a later date. Because the March 12 order does not “dispose” of the issue of attorney’s fees — “relief contemplated” by both parties prior to issuance of the order — the order is not a final order for purposes of Rule 1:1. See Estate of Hackler, 44 Va.App. at 61, 602 S.E.2d at 431 (<HOLDING>). And, because the March 12 order was not a Options: A. holding that an order by the trial court remanding the cause to the agency to impose a sanction other than the one imposed by the agency was not a final and appealable order because it did not terminate the litigation between the parties on the merits B. holding that because trial courts order did not dispose of the defendants counterclaim that order was not a final judgment that would support an appeal C. holding that res judicata did not apply where a trial courts order was not a final judgment D. holding that an order to show cause was deficient when it merely stated that the defendant had violated a prior court order and did not include the facts that purportedly constituted the criminal contempt E. holding that an order was not final where the order stated that the court would end the cause after a final accounting was reviewed and approved but did not say that the cause was ended reasoning that this language indicates that the trial court considered that the cause was still open

assistant: The best answer is E. holding that an order was not final where the order stated that the court would end the cause after a final accounting was reviewed and approved but did not say that the cause was ended reasoning that this language indicates that the trial court considered that the cause was still open
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Any notice or communication under this Agreement must be in writing and given by (i) deposit in the United States mail, addressed to the party to be notified, postage prepaid and registered or certified with return receipt requested, (ii) delivery in person or by courier service providing evidence of delivery, or (iii) transmission by hand delivery, electronic mail, telecopy, telegram or facsimile. Each notice or communication that is mailed, delivered, or transmitted in the manner described above shall be deemed sufficiently given, served, sent, and received, in the case of mailed notices, on the third business day following the date on which it is mailed and, in the case of notices delivered by courier service, hand delivery, electronic mail, telecopy, telegram or facsimile, at such time as it is delivered to the addressee (with the delivery receipt or the affidavit of messenger) or at such time as delivery is refused by the addressee upon presentation. Any notice or communication under this Agreement must be addressed, if to the Company, to: 750 Lexington Avenue, Suite 1501, New York, NY 10022, Attention: Eric J. Zahler, and, if to any Holder, at such Holder’s address or facsimile number as set forth in the Company’s books and records. Any party may change its address for notice at any time and from time to time by written notice to the other parties hereto, and such change of address shall become effective thirty (30) days after delivery of such notice as provided in this Section 5.1 .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Participant acknowledges that in the event of any breach or threatened breach of this Section 8, the business interests of the Company and its Affiliates will be irreparably injured, the full extent of the damages to the Company and its Affiliates will be impossible to ascertain, monetary damages will not be an adequate remedy for the Company and its Affiliates, and the Company will be entitled to enforce this Agreement by a temporary, preliminary and/or permanent injunction or other equitable relief, without the necessity of posting bond or security, which the Participant expressly waives. The Participant understands that the Company may, in its sole discretion waive any of the requirements expressed in this Agreement, but that, for such a waiver to be effective, it must be made in writing and shall not in any way be deemed a waiver of the Company’s right to enforce any other requirements or provisions of this Agreement. The Participant agrees that each of the Participant’s obligations specified in this Agreement is a separate and independent covenant and that the unenforceability of any of them shall not preclude the enforcement of any other covenants in this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: For purposes of the Plan, the Grantee shall be considered "Disabled" if the Grantee is unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or qualifies as permanent full disability under the applicable Swiss social security and/or pension laws.

assistant: Disability
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 agree to ( a ) immediately notify yahoo of any unauthorized use of your password or account or any other breach of security , and ( b ) ensure that you exit from your account at the end of each session .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: fees, an award of reasonable fees is mandatory, as long as there is proof of reasonable fees ... and the plaintiff has been awarded damages.” Mathis v. Exxon Corp., 302 F.3d 448, 462 (5th Cir.2002), citing Tex. Civ. Peac. & Rem. Code Ann. § 38.001(8) (Vernon 2002). Accord Coffel v. Stryker Corp., 284 F.3d 625, 640 (5th Cir.2002) (“[t]he award of reasonable attorneys’ fees is mandatory under § 38.001 if the plaintiff prevails in his or her breach of contract claim and recovers damages”). The only discretion the Fifth Circuit permits is discretion to determine the amount of the attorney’s fees award. See id. The availability of a section 38.001 award is not conditioned on a contractual provision for attorney’s fees. See, e.g., Holland v. Wal-Mart Stores Inc., 1 S.W.3d 91, 95 (Tex. 1999) (<HOLDING>); Golden v. Murphy, 611 S.W.2d 914, 915 Options: A. holding award of attorneys fees to party prevailing on contract claim is mandatory under section 38001 if there is proof of the reasonableness of the fees B. holding that prevailing party to contract dispute may recover attorneys fees either pursuant to contract or pursuant to statute C. holding that prevailing party was entitled to attorneys fees under an option contract which had expired prior to litigation because the parties were litigating their performance under the terms of the contract D. holding that the party prevailing on the significant issues in the litigation is the party that should be considered the prevailing party for attorneys fees E. holding defendant waived request for fees pursuant to contract provision by only generally referring to fees in the answer and not citing the contract

assistant: The best answer is B. holding that prevailing party to contract dispute may recover attorneys fees either pursuant to contract or pursuant to statute
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 knowledge of Holdings, ( 1 ) Holdings and each of its Restricted Subsidiaries has filed or caused to be filed all material tax returns which are required to be filed by it and has paid ( a ) all Taxes shown to be due and payable on such returns and ( b ) all Taxes shown to be due and payable on any assessments of which it has received notice made against it or any of its property (including the Mortgaged Fee Properties) and all other Taxes imposed on it or any of its property by any Governmental Authority; and ( 2 ) no Tax Liens have been filed (except for Liens for Taxes not yet due and payable), and no claim is being asserted in writing, with respect to any such Taxes (in each case other than in respect of any such ( i ) Taxes with respect to which the failure to pay, in the aggregate, would not have a Material Adverse Effect or ( ii ) Taxes the amount or validity of which are currently being contested in good faith by appropriate proceedings diligently conducted and with respect to which reserves in conformity with GAAP have been provided on the books of Holdings or its Restricted Subsidiaries, as the case may be).

assistant: Taxes
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, demands and other communications required or permitted under this Agreement or by law shall be in writing and may be personally served or sent by facsimile, overnight courier service or certified or registered United States mail and shall be deemed to have been duly given, made and received (a) if delivered in person, when delivered; (b) if delivered by facsimile, on the date of transmission if transmitted on a Business Day before 5:00 p.m. (New York City time) or, if not, on the next succeeding Business Day; (c) if delivered by overnight courier, one Business Day after delivery to such courier properly addressed with courier fees prepaid; or (d) if by United States mail, 3 Business Days after deposit in the United States mail, postage prepaid and properly addressed as set forth below.

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: may not be unreasonable for counsel to decide to proceed with a late filing in order to preserve WRIA’s action in court. The question, however, is whether counsel’s arguments justifying his non-compliance with the statutory filing requirement are “warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law.” USCIT R. 11. (a) Argument under existing law: It is well established under Georgetown Steel that a civil action under 19 U.S.C. § 1516a(a)(2) must be commenced by two steps specified in that section: the filing of a summons within 30 days of the date of publication of the determination in the Federal Register; and the filing of a complaint within 30 days thereafter. Georgetown Steel, 4 Fed. Cir. (T) at 146-49, 801 F.2d at 1311-13 (<HOLDING>); Pistachio Group of Ass’n of Food Indus., Inc. Options: A. holding that tenant had received more than 30 days to correct violations of the lease when the notice was served on february 27 and the complaint was filed on april 4 B. holding that the trial court had no jurisdiction to modify its final order more than 30 days after its final judgment C. holding that prejudgment interest should accrue 30 days after fee petition was filed D. holding that a habeas petition filed more than 30 days after the effective date of the real id act cannot be transferred to the court of appeals as a petition for review for lack of jurisdiction E. holding that the court lacks jurisdiction where a complaint was filed more than 30 days after the filing of the summons

assistant: The best answer is E. holding that the court lacks jurisdiction where a complaint was filed more than 30 days after the filing of the summons
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 may not access or use the service if you are under thirteen ( 13 ) years of age or if you are legally unable ( under the applicable laws and regulations ) to enter into this agreement .

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: The Company has the right to assign this Agreement, but Mr. McCallister does not. This Agreement inures to the benefit of the successors and assigns of the Company, who are intended third party beneficiaries of this Agreement, and any such successors and assigns shall assume the obligations under this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Subject to the provisions of Sections 14.4.5, 16.10.1, 16.11 and 16.13, each party to this Agreement, by its execution hereof, unless otherwise prohibited by applicable Legal Requirements (a) hereby irrevocably submits to the exclusive jurisdiction of the state courts of the State of New York in the Borough of Manhattan and to the United States District Court for the Southern District of New York for the purpose of any Action between the parties arising in whole or in part under or in connection with this Agreement or the negotiation or performance hereof, (b) hereby waives and agrees not to assert, by way of motion, as a defense or otherwise, in any such Action, any claim that it is not subject personally to the jurisdiction of the above-named courts, that its property is exempt or immune from attachment or execution, that any such Action brought in one of the above-named courts should be dismissed on grounds of forum non conveniens , should be transferred or removed to any court other than one of the above-named courts, or should be stayed by reason of the pendency of some other proceeding in any court other than one of the above-named courts, or that this Agreement or the subject matter hereof may not be enforced in or by such court and (c) to the extent that an Action can be commenced in a court and not an arbitration, agrees not to commence any such Action in any court other than before one of the above-named courts. Notwithstanding the previous sentence, a party may commence any Action in a court other than the above-named courts (i) for the purpose of enforcing an order or judgment issued by one of the above-named courts and (ii) for the purposes of asserting a cross-claim, counterclaim, third party action or similar forms of action for indemnification under this Agreement in any Action commenced by the other parties (subject to this Section 16.12.1), by any third party, or by any Governmental Authority.

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 legal provision and list the applicable contract clause categories. Provision: Essent and its Subsidiaries, taken as a whole, are and after giving effect to the incurrence of all Indebtedness and obligations being incurred in connection herewith will be Solvent.

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: on that ground. Finally, defendant argues weakly in one of its footnotes that consideration of plaintiffs allegations arising from conduct that occurred during elementary and middle school is barred under the one-year limitations provision set forth under the MHRA. See Minn.Stat. § 363.03, subd. 3. Nevertheless, Minnesota courts recognize that the “continuing violation” doctrine applies to claims under the MHRA. See Sigurdson v. Isanti County, 448 N.W.2d 62, 68 (Minn.1989); Breitenfeldt v. Long Prairie Packing Co., 48 F.Supp.2d 1170, 1175 (D.Minn.1999). Under this doctrine, a claimant may bring charges based on acts occurring outside the statute of limitations period if the conduct is related to acts occurring within the limitations period. See Breitenfeldt, 48 F.Supp.2d at 1175 (<HOLDING>). In the case at bar, plaintiff filed his Options: A. holding in the discrimination context that a plaintiff may challenge incidents which occurred outside the statute of limitations period if the various acts of discrimination constitute a continuing pattern of discrimination B. holding official immunity is available in claims of discrimination if plaintiff fails to establish his treatment by defendants was so at variance with what would reasonably be anticipated absent racial discrimination that racial discrimination is the probable explanation C. holding that in a discrimination case plaintiff must prove that firing was a result of intentional discrimination D. holding that allegations of discrimination on the basis of sexual orientation necessarily state a claim of discrimination on the basis of sex E. holding discrimination based on pregnancy was not sex discrimination

assistant: The best answer is A. holding in the discrimination context that a plaintiff may challenge incidents which occurred outside the statute of limitations period if the various acts of discrimination constitute a continuing pattern of discrimination
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 Plaintiff, Plaintiff has established a genuine issue of fact as to whether Trooper . Nolan used excessive force in removing her from her car and handcuffing her. See Amnesty Am. v. Town of W. Hartford, 361 F.3d 113, 123-24 (2d Cir.2004) (noting that the Second Circuit has found that “allegations that police yanked arrestee out of a ear, threw her against it, and pinned her arm behind her back were sufficient to withstand summary judgment” (citing Robison v. Via, 821 F.2d 913, 923-24 (2d Cir.1987))). According to Plaintiff, she was sitting peacefully in her car, attempting to make a "telephone call, when Trooper Nolan approached her. Trooper Nolan grabbed her, dragged her from her vehicle, pushed her to the ground, and, with the assista WL 4592785, at *8 (E.D.N.Y. Sept. 30, 2011) (<HOLDING>); Hamilton v. City of New York, No. 07-CV-3633, Options: A. holding that officers knocking the plaintiff to the ground rolling him over and pinning him with their knees on his neck back and legs so he could be handcuffed did not constitute excessive force and noting that the plaintiffs offer to return to custody after his escape attempt did not eliminate the need for force B. holding that tightening handcuffs to their maximum for apparently gratuitous reasons along with kneeing the plaintiff in his back could be excessive force C. holding that purposely tripping the plaintiff while he was being escorted in handcuffs causing him to fall to the floor and cut his face could be excessive force D. holding that under the totality of the circumstances plaintiffs claim that his handcuffs were tightened along with related physical force was enough to create a question of fact for the jury E. holding that inquiry as to whether officers are entitled to qualified immunity for use of excessive force is distinct from inquiry on the merits of the excessive force claim

assistant: The best answer is B. holding that tightening handcuffs to their maximum for apparently gratuitous reasons along with kneeing the plaintiff in his back could be excessive force
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 best of the knowledge of the officers of the Parent and the Borrower, the Parent, the Borrower and the Borrower’s Subsidiaries have complied with all laws, rules, regulations, orders and restrictions of any domestic or foreign government or any instrumentality or agency thereof having jurisdiction over the conduct of their respective businesses or the ownership of their respective Property, including, without limitation, Regulation U, T and X of the Board of Governors of the Federal Reserve System, and all Environmental Laws, except for any failure to comply with any of the foregoing which could not reasonably be expected to have a Material Adverse Effect. Margin Stock (as defined in Regulation U) constitutes less than 25% of the value of those assets of the Parent, the Borrower and the Borrower’s Subsidiaries which are subject to any limitation on sale, pledge, or other restriction hereunder.

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 case excerpt and choose the best holding from the options. Case excerpt: Defendant was “not under arrest.” (Defendant’s 11/15/2006 Aff. at ¶ 8.) Similarly, Special Agents Balicki and Testani testified that Defendant was not under arrest, that he was free to conclude the interview at any time, and that they advised him of this fact at the outset. Indeed, as discussed earlier, the agents testified that they had no intention of arresting Defendant, but instead sought his cooperation in an investigation into the activities of the Hizballah terrorist organization. It is clear, then, that Defendant had no constitutional right to the representation of counsel during his two meetings with the federal authorities. See Edwards v. Arizona, 451 U.S. 477, 482, 101 S.Ct. 1880, 1883, 68 L.Ed.2d 378 (1981); see also Burket v. Angelone, 208 F.3d 172, 197 (4th Cir.2000) (<HOLDING>); United States v. Wyatt, 179 F.3d 532, 537 Options: A. holding that the state courts determination that the petitioner could not show prejudice because he did not allege that the witness was available to testify was a reasonable application of federal law to the facts of the case B. holding miranda inapplicable because defendant not in custody C. holding do you think i need a lawyer to be ambiguous D. holding that the petitioner in that case could not invoke the protections provided by miranda including the right to counsel because he was not in custody at the time he stated t think i need a lawyer E. holding that appellants statement i think i need a lawyer is just as ambiguous as the statement made by the defendant in davis

assistant: The best answer is D. holding that the petitioner in that case could not invoke the protections provided by miranda including the right to counsel because he was not in custody at the time he stated t think i need a lawyer
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: supra, 99 N.J. at 23, 489 A.2d 1148; Coons II, supra, 96 N.J. at 440, 476 A.2d 763; Salorio v. Glaser, 93 N.J. 447, 461 A.2d 1100, cert. denied, 464 U.S. 993, 104 S.Ct. 486, 78 L.Ed.2d 682 (1983). For example, in New Jersey Bd new rule would have on the effective administration of justice, the third factor. In State v. Burstein, supra, 85 N.J. at 410, 427 A.2d 525, we held that even limited retroactive application of the rule announced in State v. Cerbo, 78 N.J. 595, 397 A.2d 671 (1979), namely, that a delay in presenting tapes of intercepted conversations for sealing requires suppression unless there was satisfactory explanation for delay, would inflict “virtually incalculable” costs on our administration of justice. See also State v. Catania, supra, 85 N.J. at 447, 427 A.2d 537 (<HOLDING>). IV Any prospectivity decision necessarily Options: A. holding that the rule announced in ring does not apply retroactively to cases already final on direct review B. holding that the rule announced by booker does not operate retroactively C. holding generally that new rules of law should not be applied retroactively in habeas corpus cases D. holding that rule announced excluding the results of a wiretap because of improper minimization should not be applied retroactively because to reopen cases even on a limited basis for detailed hearings on the reasonableness of the interception of each phone call during each wiretap would overwhelm the courts E. holding that secrecy is essential to establishing a violation of massachusetts wiretap act

assistant: The best answer is D. holding that rule announced excluding the results of a wiretap because of improper minimization should not be applied retroactively because to reopen cases even on a limited basis for detailed hearings on the reasonableness of the interception of each phone call during each wiretap would overwhelm the courts
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: Interest shall accrue at the rate of the Interest Rate on the unpaid Principal amount of this Note outstanding from time to time from and after the date hereof, or (if less) at the highest rate then permitted under applicable law (“ Interest ”) until the Principal is indefeasibly paid in full.

assistant: Interests
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: Monument Realty L.L.C. v. Wash. Metro. Area Transit Auth., 535 F.Supp.2d 60, 70 (D.D.C.2008) (citing W. Union Tel. Co. v. Massman Constr. Co., 402 A.2d 1275, 1277 (D.C.1979)). The plaintiff does not assert that, during his August 2001 conversation with the AAdvantage representative, he and the representative formed an agreement. Compl. ¶¶ 62-66. He merely asserts that the representative promised him that his TWA mileage would automatically be converted to AAdvantage mileage if he took no action. Id. ¶ 65. This promise might create a cause of action under the theory of promissory estoppel, as discussed below, but it does not support an inference that the plaintiff and the defendants formed an enforceable contract. See Osseiran v. Int’l Fin. Corp., 498 F.Supp.2d 139, 147-48 (D.D.C.2007) (<HOLDING>). Nor can the plaintiff prevail on a Options: A. holding that the plaintiff had not stated a claim for inducement to breach a contract where she had not alleged facts sufficient to show the existence of an enforceable underlying contract B. holding that plaintiff stated a claim for breach of contract when it alleged the government failed to purchase insurance for plaintiff as agreed by contract C. holding that promissory estoppel is applicable only in the absence of an enforceable contract D. recognizing that the elements of a claim for breach of contract are 1 existence of a valid contract and 2 breach of the terms of that contract E. holding that the plaintiff failed to allege breach of a valid and enforceable contract but stated a claim for promissory estoppel

assistant: The best answer is E. holding that the plaintiff failed to allege breach of a valid and enforceable contract but stated a claim for promissory estoppel
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 website looked like Heather. But in analyzing a judicial deception claim, we need not scrutinize police investigative tactics in this fashion. 10 . As discussed above, the materiality of an omission is an issue for the court. 11 . The Ewings quote Shirk's testimony from Prater and Memory's trial, but the officers obviously did not have this information at the time they prepared the warrant affidavit. The Ewings also fault the officers for not asking Shirk more questions, such as whether he had been drinking, how long he looked at the female, whether her helmet face shield was up or down, and what the lighting conditions were. But judicial deception claims do not require an inquiry into the quality of the police investigation. See generally Gates, 462 U.S. at 235-36, 103 S.Ct. 2317 (<HOLDING>). 12 . After the Ewings' arrest, Contreras did Options: A. holding that allegations in a pro se complaint are to be held to less stringent standards than formal pleadings drafted by lawyers B. holding that the complaint submitted by a pro se plaintiff must be held to less stringent standards than formal pleadings drafted by lawyers C. holding that the allegations in a pro se complaint are held to less stringent standards than formal pleadings drafted by lawyers D. recognizing that because affidavits are typically drafted in the midst and haste of a criminal investigation by nonlawyers they must be read with an understanding of that context and accordingly held to a lower standard of scrutiny than that applied to pleadings filed in more formal proceedings E. holding that affidavits for search warrants must be interpreted in a commonsense and realistic fashion because they are normally drafted by nonlawyers in the midst and haste of a criminal investigation

assistant: The best answer is D. recognizing that because affidavits are typically drafted in the midst and haste of a criminal investigation by nonlawyers they must be read with an understanding of that context and accordingly held to a lower standard of scrutiny than that applied to pleadings filed in more formal 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 legal provision and list the applicable contract clause categories. Provision: The Borrower has informed the Lenders that it requires additional time to deliver its (a) audited consolidated financial statements for the fiscal year ended December 31, 2016 and other related information required by Section 5.3(b) of the Credit Agreement, as well as the related Compliance Certificate required by Section 5.3(c) of the Credit Agreement and (b) unaudited financial statements for the fiscal quarters ended March 31, 2017, June 30, 2017 and September 30, 2017 and other related information required by Section 5.3(a) of the Credit Agreement, as well as the related Compliance Certificates as required by Section 5.3(c) of the Credit Agreement (collectively, the “ Required Financial Deliverables ”). Subject to the conditions to effectiveness set forth in Section 4 below, the Administrative Agent and the Banks party hereto hereby consent to the delivery by or on behalf of the Borrower of the Required Financial Deliverables by no later than the Outside Date, in lieu of the date for delivery thereof specified in such Sections 5.3(b) and (c); provided that it shall be an Event of Default under the Credit Agreement if the Borrower fails to deliver any such Required Financial Deliverables by the Outside Date.

assistant: Consents
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’s obligations under this Section 5.03 shall survive the resignation or replacement of the Administrative Agent or any assignment of rights by, or the replacement of, a Credit Party, the termination of the Commitments and the repayment, satisfaction or discharge of all the Borrower Obligations and the Servicer’s obligations hereunder.

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: This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective agents, executors, present and future parents, subsidiaries, affiliates, heirs, successors, and assigns. Nothing in this Agreement, expressed or implied, is intended to confer upon any person or entity other than the parties hereto any rights, remedies, obligations or liabilities under or by reason of this Agreement, except that all persons and entities released pursuant to Sections 2 and 3 of this Agreement are intended beneficiaries of such release.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Subject to compliance with Section 14.08 above, the parties hereto agree that irreparable damage would occur in the event any provision of this Agreement was not performed in accordance with the terms hereof and that the parties hereto shall be entitled to specific performance of the terms hereof, in addition to any other remedy at law or in equity.

assistant: Specific Performance
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 Incremental Facility Amendment shall require the consent of any Lenders other than the Lenders with respect to such Incremental Facility Amendment. An Incremental Facility Amendment may, without the consent of any other Lenders, effect such amendments to any Loan Documents as may be necessary or appropriate, in the opinion of the Administrative Agent and the Borrower, to effect the provisions of this Section 2.14 . An Incremental Facility Amendment may at the election of the Borrower effect such amendments as may be reasonably necessary or advisable so that such Incremental Term Loans and the applicable existing Term Loans from the same Class of Term Loans are fungible with other outstanding Term Loans, including by (i) extending or adding “call protection” to any existing tranche of Term Loans, including amendments to Section 2.05(a), and (ii) amending the schedule of amortization payments relating to any existing tranche of Term Loans, including amendments to Section 2.07 ( provided , any such amendment will not decrease any amortization payment to any lender that would have otherwise been payable to such Lender immediately prior to the effectiveness of the applicable Incremental Facility Amendment); provided , such amendments are not materially adverse to the existing Term Lenders (as determined in good faith by the Borrower). Unless otherwise specifically provided herein, all references in Loan Documents to Loans shall be deemed, unless the context otherwise requires, to include references to Loans made pursuant to Incremental Facilities, respectively, made pursuant to this Agreement. This Section 2.14 shall supersede any provisions in Section 2.13 or Section 10.01 to the contrary. The proceeds of any Incremental Facilities will be used for general corporate purposes (including Permitted Acquisitions).

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: remedies before suing the employer.’ ” Id. at 236, 20 OBR 290, 485 N.E.2d 757, quoting Anderson v. Alpha Portland Industries, Inc. (C.A.8, 1984), 727 F.2d 177, 185. The Tenth District noted that retirees come within one of several exceptions to the general rule that employees must attempt to use contract-grievance procedures. The reasons for this exception include that the union does not owe a duty of fair representation to persons who ax*e not members of the collective-bargaining unit and the possibility of potential conflicts of interest between retirees and active employees. Id. {¶ 32} Rutledge has been followed in a number of subsequent decisions. See, e.g., Featherstone v. Columbus City School Dist. Bd. of Edn. (Mar. 30, 1999), Franklin App. No. 98AP-889, 1999 WL 177561, *3 (<HOLDING>). The board contends that these cases are Options: A. holding that trial court properly granted motion to dismiss for lack of subject matter jurisdiction because plaintiff had failed to exhaust remedies available through exclusive grievance procedure B. holding that a prisoner failed to exhaust his administrative remedies when he did not utilize grievance procedures that permitted waiver of the time limit for good cause C. holding that a retired teacher did not fail to exhaust administrative remedies because he was not subject to the grievance procedure in the collectivebargaining agreement D. holding that plaintiff could not look to the courts for relief because he did not exhaust his administrative remedies under the adea E. holding that a plaintiff need not exhaust his administrative remedies to bring a retaliation claim

assistant: The best answer is C. holding that a retired teacher did not fail to exhaust administrative remedies because he was not subject to the grievance procedure in the collectivebargaining agreement
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: capital and/operate its wholesale and retail competitive supply businesses.” (Id. at ¶¶ 159 & 161.) The plaintiffs allege that these statements were misleading in part because they misrepresented the sufficiency of Constellation’s liquidity and the amount of collateral the company would require in the event of a downgrade, as well as the sufficiency of its internal control and risk management functions to monitor the company’s collateral and/or liquidity requirements. (Id. at ¶ 111.) But these statements, and others like them alleged in the complaint, are inactionable for more than one reason. First, soft expressions of optimism and projections of future performance not worded as guarantees are immaterial because they are too vague to affect the market. See Raab, 4 F.3d at 289-90 (<HOLDING>) (internal quotation marks omitted and Options: A. holding that plaintiffs statistics did not shed any light on the legally relevant issue because they did not indicate the group of applicants who were interviewed or even the group of applicants found qualified or the group of all applicants B. holding that a trial court using a real growth rate of between one and three percent will not be reversed if it explains its choice C. holding there were no grounds for challenging in a termination proceeding the alleged failure to comply with the ada in the provision of services because services are not required by the termination statute D. holding that statements that rjegulatory changes have created a marketplace for the doe services group with an expected annual growth rate of 10 to 30 over the next several years and the doe services group is poised to carry the growth and success of 1991 well into the future were immaterial puffing E. holding that in the absence of written contracts the manager of a singing group may own the rights to the name if he or she remains continuously involved with the group and is in a position to control the quality of its services

assistant: The best answer is D. holding that statements that rjegulatory changes have created a marketplace for the doe services group with an expected annual growth rate of 10 to 30 over the next several years and the doe services group is poised to carry the growth and success of 1991 well into the future were immaterial puffing