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: Chavis’s first state habeas petitions, filed in 1993 and 1994, did not toll the one-year statute, since AEDPA was not enacted until 1996. The district court erred. A “state habeas petition filed before the AEDPA statute of limitations begins to run tolls the limitation period.” Jiminez v. Rice, 276 F.3d 478, 482 (9th Cir.2001) (citing Tillema v. Long, 253 F.3d 494 (9th Cir.2001)). A habeas petition is considered pending during one full round of state review, which in California includes petitions filed in Superior Court, the Court of Appeal, and the Supreme Court. Nino, 183 F.3d at 1005-06. As long as the petitions are properly filed, a habeas petitioner is also entitled to tolling during subsequent rounds of state review. See King v. Roe, 340 F.3d 821, 823 (9th Cir.2003) (per curiam) (<HOLDING>); Dils v. Small, 260 F.3d 984, 985-86 (9th Options: A. recognizing that a habeas petitioner may be entitled to tolling during a second round of petitions but holding that the statute is not tolled between rounds B. holding that overlapping petitions do not affect tolling during the time petitioner is seeking one full round of review C. holding that second and third state habeas petitions that were dismissed as impermissible successive petitions were properly filed D. holding that tolling of the statute of limitations was not tolled during the pendency of a claim dismissed without prejudice for want of prosecution E. holding that overlapping state habeas petitions begin a separate round of review and do not disturb the pendency of petitioners first round of review

assistant: The best answer is A. recognizing that a habeas petitioner may be entitled to tolling during a second round of petitions but holding that the statute is not tolled between rounds
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 term or provision of this Agreement that is invalid or unenforceable in any situation in any jurisdiction shall not affect the validity of enforceability of the remaining terms and provisions hereof or the validity or enforceability of the offending term or provision in any other situation or in any other jurisdiction. If the final judgment of a court of competent jurisdiction declares that any term or provision hereof is invalid or unenforceable, the parties agree that the court making the determination of invalidity or unenforceability shall have the power to reduce or modify the scope, duration, or area of the term or provision or to replace any invalid or unenforceable term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Agreement shall be enforceable as so modified.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company shall (a) by or about 9:30 a.m. (New York City time) on the the date hereof, issue a press release disclosing the material terms of the transactions contemplated hereby, and (b) file a Current Report on Form 8-K, including the Transaction Documents as exhibits thereto, with the Commission within the time required by the Exchange Act. From and after the issuance of such press release, the Company represents to the Purchasers that it shall have publicly disclosed all material, non-public information delivered to any of the Purchasers by the Company or any of its Subsidiaries, or any of their respective officers, directors, employees or agents in connection with the transactions contemplated by the Transaction Documents. In addition, effective upon the issuance of such press release, the Company acknowledges and agrees that any and all confidentiality or similar obligations under any agreement, whether written or oral, between the Company, any of its Subsidiaries or any of their respective officers, directors, agents, employees or Affiliates on the one hand, and any of the Purchasers or any of their Affiliates on the other hand, shall terminate. The Company and each Purchaser shall consult with each other in issuing any other press releases with respect to the transactions contemplated hereby, and neither the Company nor any Purchaser shall issue any such press release nor otherwise make any such public statement without the prior consent of the Company, with respect to any press release of any Purchaser, or without the prior consent of each Purchaser, with respect to any press release of the Company, which consent shall not unreasonably be withheld or delayed, except if such disclosure is required by law, in which case the disclosing party shall promptly provide the other party with prior notice of such public statement or communication. Notwithstanding the foregoing, the Company shall not publicly disclose the name of any Purchaser, or include the name of any Purchaser in any filing with the Commission or any regulatory agency or Trading Market, without the prior written consent of such Purchaser, except (a) as required by federal securities law in connection with the filing of final Transaction Documents with the Commission and (b) to the extent such disclosure is required by law or Trading Market regulations, in which case the Company shall provide the Purchasers with prior notice of such disclosure permitted under this clause (b).

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of the Mother’s parental rights under section 39.806(l)(f). The trial court additionally found that it was in the Children’s manifest best interest to terminate the Mother’s parental rights. § 39.810, Fla. Stat. (2015). The Mother’s appeal followed. IV. ISSUE AND ANALYSIS .The issue we must decide is whether the record contains competent substantial evidence to support the trial court’s finding that the Department established by clear and convincing evidence that the Mother . (1) engaged in egregious conduct, or (2) had the opportunity and capability to prevent and knowingly failed to prevent egregious conduct that threatens the life, safety, or physical, mental,.or emotional health of the Children. See R.P. v. Dep’t of Children & Family Servs., 975 So.2d 435, 436 (Fla. 2d DCA 2007) (<HOLDING>); T.V. v. Dep’t of Children & Family Servs., Options: A. holding that due process allows parental rights to be terminated only upon clear and convincing evidence of unfitness B. holding that a trial courts findings of fact based on evidence that was essentially documentary in nature will not be overturned if there is reasonable and logical support for them in the record C. holding that the clear and convincing standard provides appropriate due process in cases involving parental rights D. holding that a trial courts determination that clear and convincing evidence supports the termination of parental rights will not be overturned unless found to be clearly erroneous or lacking in evidentiary support E. recognizing that the department is required to present clear and convincing evidence to support termination of a parents parental rights

assistant: The best answer is D. holding that a trial courts determination that clear and convincing evidence supports the termination of parental rights will not be overturned unless found to be clearly erroneous or lacking in evidentiary support
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 it.” And, moments later, he asked a clarifying question of Waterfield, whether Mathews was well “within his rights not to proceed with the interview and ... to request a lawyer,” to which Waterfield answered, “Yes.” Reference to a defendant’s invocation of his right to silence and his right to counsel implicates the “integrity of the grand jury proceedings,” Commonwealth v. Freeman, supra, and justifies further inquiry. There is no doubt that Waterfield’s testimony regarding Mathews’s silence and his request for counsel was improper. See Commonwealth v. Callagy, 33 Mass. App. Ct. 85, 88-89 (1992) (noting “strong disapproval of [testimony] informing a grand jury that a suspect elected to exercise his right to remain silent”). Cf. Commonwealth v. Teixera, 396 Mass. 746, 752 (1986) (<HOLDING>). Our analysis does not, however, end there. As Options: A. holding that evidence of a defendants invocation of the right to remain silent ordinarily is not admissible at the defendants criminal trial B. holding that contemporaneous objections were required to preserve for appeal improper comments on defendants right to remain silent C. recognizing that davis was concerned only with the right to counsel and not the right to remain silent D. holding that in context of criminal trial defendants right to remain silent cannot be compromised by prosecutorial comments that cast aspersions on its exercise E. holding that an accused must unambiguously invoke the right to remain silent

assistant: The best answer is D. holding that in context of criminal trial defendants right to remain silent cannot be compromised by prosecutorial comments that cast aspersions on its exercise
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 modified, amended, waived, or terminated only by an instrument in writing signed by the party against which enforcement of such modification, amendment, waiver, or termination is sought. No failure or delay in exercising any rights provided hereunder shall constitute a waiver of any default or Event of Default. Assignor, at its expense, will execute all documents and take all action that Assignee from time to time may reasonably request to preserve and protect the rights provided under this Agreement. The headings in this Agreement are for convenience of reference only and shall not expand, limit or otherwise affect the meanings of the provisions. This Agreement may be executed in several counterparts, each of which shall be an original, but all of which shall constitute one document.

assistant: Miscellaneous
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 acknowledges that money damages would be both incalculable and an insufficient remedy for any breach of this Agreement by such Party and that any such breach would cause Buyer, on the one hand, and Seller, on the other hand, irreparable harm. Accordingly, each Party hereto also agrees that, in the event of any breach or threatened breach of the provisions of this Agreement by such Party, Buyer, on the one hand, and Seller, on the other hand, shall be entitled to equitable relief without the requirement of posting a bond or other security, including in the form of injunctions and orders for specific performance. Any and all remedies herein expressly conferred upon a Party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such Party, and the exercise by a Party of any one remedy will not preclude the exercise of any other remedy. Each of Seller, on the one hand, and Buyer, on the other hand, hereby agrees not to raise any objections to the availability of the equitable remedy of specific performance to prevent or restrain breaches or threatened breaches of this Agreement by Seller or Buyer, as applicable, and to specifically enforce the terms and provisions of this Agreement to prevent breaches or threatened breaches of, or to enforce compliance with, the covenants and obligations of Seller or Buyer, as applicable, under this Agreement.

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: Although the Company anticipates that it will continue the Plan for an indefinite period of time, there is no guarantee that the Company will continue the Plan or will not terminate the Plan at any time in the future. Accordingly, the Company reserves the right to discontinue its sponsorship of the Plan and the Company reserves the right to terminate the Plan at any time with respect to any or all of its participating Directors, by action of its Board. However, after the Plan termination the Account Balances of such Participants shall continue to be credited with Annual Deferral Amounts attributable to a deferral election that was in effect prior to the Plan termination to the extent deemed necessary to comply with Code section 409A and related Treasury Regulations, and a dditional amounts shall continue to credited or debited to such Participants’ Account Balances pursuant to Section 3.7. The Measurement Funds available to Participants following the termination of the Plan shall be comparable in number and type to those Measurement Funds available to Participants in the Plan Year preceding the Plan Year in which the Plan termination is effective. In addition, following a Plan termination, Participant Account Balances shall remain in the Plan and shall not be distributed until such amounts become eligible for distribution in accordance with the other applicable provisions of the Plan. Notwithstanding the preceding sentence, to the extent permitted by Treas. Reg. §1.409A-3(j)(4)(ix), the Company may provide that upon termination of the Plan, all Account Balances of the Participants shall be distributed, subject to and in accordance with any rules established by the Company deemed necessary to comply with the applicable requirements and limitations of Treas. Reg. §1.409A-3(j)(4)(ix).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement and Release supersedes the Severance Agreement and the Original Agreement (except for paragraphs 4 and 5 of the Severance Agreement which shall remain in full force and effect), contains the entire agreement between the parties, and may be modified only in a writing executed in the same manner as the original Agreement and Release; and no agreements, representations, or statements of any party not contained herein shall be binding on such party.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: (a) The Audited Financial Statements (i) were prepared in accordance with GAAP consistently applied throughout the period covered thereby, except as otherwise expressly noted therein; (ii) fairly present in all material respects the financial condition of the Borrower and its Subsidiaries as of the date thereof and their results of operations for the period covered thereby in accordance with GAAP consistently applied throughout the period covered thereby, except as otherwise expressly noted therein; and (iii) show all material indebtedness and other liabilities, direct or contingent, of the Borrower and its Subsidiaries as of the date thereof, including liabilities for Taxes, material commitments and Indebtedness, in each case as required by GAAP.

assistant: Financial Statements
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 terms defined in the Uniform Commercial Code of the State of New York (the “UCC”) and used herein, unless defined herein or in the Securities Purchase Agreement, shall have the same definitions herein as specified in the UCC.

assistant: Definitions
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: that court to transfer the case back to us so that we can consider what is already before us” in a petition for review of a reinstatement order. Id,.; see also Paul v. INS, 348 F.3d 43, 46-48 (2d Cir.2003) (Sotomayor, J.) (sua sponte transferring district court case to court of appeals). Cf. Rodriguez-Roman v. INS, 98 F.3d 416, 424 (9th Cir.1996). In this case, transfer is in the interest of justice, because transfer (1) furthers Congress’s intent, plainly expressed in 8 U.S.C. § 1252, to streamline litigation over removal orders into the circuit courts of appeals; (2) allows for a prompter disposition; and (3) is consistent with the district court’s invitation for us to resolve Molina’s entire case. See INS v. Doherty, 502 U.S. 314, 323, 112 S.Ct. 719, 116 L.Ed.2d 823 (1992) (<HOLDING>). Upon transfer, we dismiss Molina’s petition Options: A. holding that the phrase resident alien means an alien lawfully residing in the united states B. holding that deportable alien status is not a ground for departing downward C. holding that defendants status as a deportable alien could be considered by the district court at sentencing D. holding that departure based on deportable alien status was prohibited E. recognizing every delay works to the advantage of the deportable alien who wishes merely to remain in the united states

assistant: The best answer is E. recognizing every delay works to the advantage of the deportable alien who wishes merely to remain in the united states
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: onavo 's name , trademarks , service marks , logos , and the product names associated with the services are trademarks and/or service marks and/or trade names owned by onavo or third parties who licensed their rights to onavo , and no right or license is granted hereunder to use them .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Depositor is a validly existing limited liability company in good standing under the laws of the State of Delaware and has full power and authority to own its properties and conduct its business as presently owned or conducted, and to execute, deliver and perform its obligations under this Agreement and each other Transaction Document to which it is a party.

assistant: Organizations
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 agrees to promptly reimburse the Administrative Agent and the Lenders for all reasonable expenses, including, without limitation, reasonable fees and expenses of outside legal counsel, it has heretofore incurred or hereafter incurs in connection with the preparation, negotiation and execution of this Amendment and all other instruments, documents and agreements executed and delivered in connection with this Amendment.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company has filed all reports, schedules, forms, statements and other documents required to be filed by the Company under the Securities Act and the Exchange Act, including pursuant to Section 13(a), 14(a) or 15(d) thereof, for the two years preceding the date hereof (or such shorter period as the Company was required by law or regulation to file such material) (the foregoing materials, including the exhibits thereto and documents incorporated by reference therein, being collectively referred to herein as the “ SEC Reports ”) on a timely basis or has received a valid extension of such time of filing and has filed any such SEC Reports prior to the expiration of any such extension. As of their respective dates, the SEC Reports complied in all material respects with the requirements of the Securities Act and the Exchange Act, as applicable, and none of the SEC Reports, when filed, contained any untrue statement of a material fact or omitted to state a material fact required to be stated therein or necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading. The Company has never been an issuer subject to Rule 144(i) under the Securities Act. The financial statements of the Company included in the SEC Reports comply in all material respects with applicable accounting requirements and the rules and regulations of the Commission with respect thereto as in effect at the time of filing. Such financial statements have been prepared in accordance with United States generally accepted accounting principles applied on a consistent basis during the periods involved (“ GAAP ”), except as may be otherwise specified in such financial statements or the notes thereto and except that unaudited financial statements may not contain all footnotes required by GAAP, and fairly present in all material respects the financial position of the Company and its consolidated Subsidiaries as of and for the dates thereof and the results of operations and cash flows for the periods then ended, subject, in the case of unaudited statements, to normal, immaterial, year-end audit adjustments. All material agreements to which the Company or any Subsidiary is a party or to which the property or assets of the Company or any Subsidiary are subject are included as part of or identified in the SEC Reports, to the extent such agreements are required to be included or identified pursuant to the rules and regulations of the Commission.

assistant: Financial Statements
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 shall file a Current Report on Form 8-K or, with written confirmation from the Holder, include equivalent information in the Form 10-Q for quarter ending January 31, 2017, filed within 4 business days of the Date of Execution of this Note, including a copy of this Note as an exhibit thereto, with the SEC within the time required by the 1934 Act. From and after the filing of such report, the Company represents to the Holder that it shall have publicly disclosed all material, non-public information delivered to the Holder by the Company, or any of its officers, directors, employees, or agents in connection with the transactions contemplated by this Note. The Company and the Holder shall consult with each other in issuing any other press releases with respect to the transactions contemplated hereby, and neither the Company nor the Holder shall issue any such press release nor otherwise make any such public statement without the prior consent of the Company, with respect to any press release of the Holder, or without the prior consent of the Holder, with respect to any press release of the Company, none of which consents shall be unreasonably withheld, delayed, denied, or conditioned except if such disclosure is required by law, in which case the disclosing party shall promptly provide the other party with prior notice of such public statement or communication. Notwithstanding the foregoing, the Company shall not publicly disclose the name of the Holder, or include the name of the Holder in any filing with the SEC or any regulatory agency or Principal Market, without the prior written consent of the Holder, except to the extent such disclosure is contemplated above by this Section 4.00 (j) with respect to 1934 Act filings, or is required by law or Principal Market regulations, in which case the Company shall provide the Holder with prior notice of such disclosure permitted hereunder.

assistant: Publicity
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: go to the arbitrator”); Overstreet v. Contigroup Cos., 462 F.3d 409, 411 n. 1 (5th Cir.2006) (declining to address whether a contract as a whole was unconscionable because “federal courts are limited to reviewing the arbitration clause itself’). Thus, we will decide only whether the arbitration clauses are unconscionable. To determine what state’s law applies to the question of unconscionability, we use Delaware law, pursuant to the choice of law provisions in the CMAs. See Overstreet, 462 F.3d at 411-12 (applying a choice of law provision to determine the law governing the unconscionability of an arbitration clause in a case where both the arbitration clause and the agreement as a whole were attacked as unconscionable); DeSantis v. Wackenhut Corp., 793 S.W.2d 670, 677-78 (Tex.1990) (<HOLDING>). Under Delaware law, a contract is Options: A. holding that intent of parties to choice of law must be given effect B. holding that under texas choice of law principles contractual choice of law provisions are generally upheld C. holding that tort law and the law of punitive damages are not controlled by the contract choice of law provision D. holding that party waived an objection to choice of law E. holding that parties implicitly stipulated to choice of law

assistant: The best answer is B. holding that under texas choice of law principles contractual choice of law provisions are generally upheld
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Subject to the terms and conditions set forth herein, the any Borrower may request the issuance of Letters of Credit denominated in Dollars or Alternative Currencies for such Borrower’s own account (or the account of any of its Restricted Subsidiaries), in a form reasonably acceptable to the Administrative Agent and the applicable Issuing Bank, at any time and from time to time during the Revolving Availability Period. In the event of any inconsistency between the terms and conditions of this Agreement and the terms and conditions of any form of letter of credit application or other agreement submitted by the applicable Borrower to, or entered into by the applicable Borrower with, any Issuing Bank relating to any Letter of Credit, the terms and conditions of this Agreement shall control. All Existing Letters of Credit shall be deemed to have been issued pursuant hereto, and from and after the Closing Date shall be subject to and governed by the terms and conditions hereof.

assistant: General
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 the Plan or any Award is or becomes or is deemed to be invalid, illegal, or unenforceable in any jurisdiction or as to any Person or Award, or would disqualify the Plan or any Award under any law deemed applicable by the Committee, such provision shall be construed or deemed amended to conform to the applicable law or, if it cannot be construed or deemed amended without, in the determination of the Committee, materially altering the intent of the Plan or the Award, such provision shall be stricken as to such jurisdiction, Person or Award and the remainder of the Plan and any such Award 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 legal provision and list the applicable contract clause categories. Provision: Provided that you are an employee as of the applicable date, this Award will vest as indicated in the Award Memorandum, and, subject to any deferral election then in effect, the Shares subject to this Award will be issued as indicated in this Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of appeals’ contrary decision. IV. Remedy. Because the State does not dispute that the defendant’s prior convictions do not support a finding that the defendant is a habitual offender, we must vacate the defendant’s sentence and remand for re-sentencing. The parties disagree, however, upon the scope of this remand. The State asks that upon remand it be allowed to amend the trial information to allege other prior felony convictions of the defendant, thus permitting proof of these convictions at a new hearing. Relying on the fact that the habitual-offender charge is not a substantive offense, but merely a sentencing enhancement, it argues that double-jeopardy principles do not apply. Assuming the State is correct in its assertion that the Double Jeopardy Clau N.W.2d 408, 416 (Iowa 1982) (<HOLDING>). This case is remanded for resen-tencing on Options: A. holding party should not rely on courts power to remand for new trial under iowa rule of appellate procedure 26 now rule 626 as a substitute for careful trial preparation and presentation of evidence B. holding that the presentation of a new theory does not constitute the presentation of a new issue on which a jury trial should be granted as of right under rule 38b C. holding that appellate court in affirming trial courts decision may rely in part on a ground not presented to trial court D. holding that remand for new trial is remedy for factual insufficiency of evidence E. holding that courts must consider any adverse effect that the prosecutors failure to disclose might have had on not only the presentation of the defense at trial but the preparation of the defense as well

assistant: The best answer is A. holding party should not rely on courts power to remand for new trial under iowa rule of appellate procedure 26 now rule 626 as a substitute for careful trial preparation and presentation of evidence
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: facts, or failing to adequately explain the chosen sentence.” Gall, 552 U.S. at 51, 128 S.Ct. 586. “When reviewing the district court’s calculation of the sentencing guidelines advisory sentencing range, ‘[w]e review the district court’s factual findings for clear error and its construction and application of the Guidelines de novo.’ ” United States v. Pappas, 715 F.3d 225, 228 (8th Cir.2013) (alteration in original) (quoting United States v. Raplinger, 555 F.3d 687, 693 (8th Cir.2009)). “Under an advisory Guidelines regime, sentencing judges are only required to find sentence-enhancing facts by a preponderance of the evidence.” United States v. Garcia-Gonon, 433 F.3d 587, 593 (8th Cir.2006). But see Alleyne v. United States, 570 U.S. —, —, 133 S.Ct. 2151, 2155, 186 L.Ed.2d 314 (2013) (<HOLDING>). The Guidelines advise the district court to Options: A. holding that other than fact of prior conviction any fact that increases penalty for crime beyond prescribed statutory minimum must be submitted to jury and proved beyond reasonable doubt B. holding any fact that increases the mandatory minimum is an element that must be submitted to the jury C. holding that if the existence of any fact increases the maximum punishment that may be imposed on a defendant that fact constitutes an element that must be found by a jury beyond a reasonable doubt D. holding that any fact that increases mandatory minimum is element that must be proved beyond reasonable doubt E. holding any fact other than prior conviction that increases statutory mandatory minimum is element of offense that must be submitted to jury and found beyond reasonable doubt

assistant: The best answer is B. holding any fact that increases the mandatory minimum is an element that must be submitted to the jury
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 required to be delivered hereunder and any Deferral and Acknowledgment Agreement is properly delivered to the Company when personally delivered to, or actually received from the United States mail, postage prepaid, by the Administrator.

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: Upon the occurrence of an Event of Default, the Lender shall have all of the rights and remedies specified in this Agreement and in the Loan Documents and all rights and remedies (which are cumulative and not exclusive) available under applicable law or in equity, including, but not limited to, the repayment of the Loan no later than fifteen (15) days after written demand thereof by the Lender.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed by one or more of the parties to this Agreement on any number of separate counterparts (including by telecopy or electronic (i.e., “pdf”) transmission), and all of said counterparts taken together shall be deemed to constitute one and the same instrument. Delivery of an executed signature page of this Agreement by facsimile or electronic transmission shall be effective as delivery of a manually executed counterpart hereof.

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: the United States of America on Behalf of the Department of Education by the Plaintiff, Betty Elizabeth Buckland (Doc. 64) entered October 2, 2009. 8 . See response to Interrogatory 4, Exhibit M. 9 . See Exhibit L, Debtor’s responses to Interrogatory No. 9. In a supplemented response, he also included that he held a certification or license as an Interior Structure Fire Instructor, SCBA Fit Tester, DRI Underwater Scene Investigator, DRI Swift-Water Rescuer, FEMA Incident Command Systems, Kansas EMT-I, and National Environment Health Association Radon Mitigation Contractor. See Exhibit M, Interrogatory No. 9. 10 . 11 U.S.C. § 523(a)(8). 11 . See In re Lindberg, 170 B.R. 462 (Bankr. D.Kan.1994). 12 . Educ. Credit Mgmt. Corp. v. Polleys (In re Polleys), 356 F.3d 1302, 1309 (10th Cir.2004) (<HOLDING>). 13 . Id. at 1307. 14 . Id. 15 . Alderete v. Options: A. holding that a financial guaranty payable in new york is a contract to perform services in new york subjecting foreign guarantor to jurisdiction under 302a1 B. holding jurisdiction over nonresident defendant existed where note was payable in new york contained new york choice of law clause and proceeds were used to finance new york limited partnership C. holding that contract signed in new york by promisor from florida and partially performed in florida was governed by new york law because it was executed in new york D. holding that the tenth circuit would adopt threepronged test established by brunner v new york state higher educ services corp 831 f2d 395 2nd cir1987 E. holding that clearly established law is construed as supreme court or tenth circuit decisions on point or the clearly established weight of authority from other courts

assistant: The best answer is D. holding that the tenth circuit would adopt threepronged test established by brunner v new york state higher educ services corp 831 f2d 395 2nd cir1987
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: Roscitis cannot recover anything above that amount from ICSOP. This frustrates the Legislature’s purpose in passing § 27-2-2.4, which was to “give an aggrieved and injured party the right to proceed directly against an insurer in those circumstances in which the tortfeasor has sought protection under the applicable provisions of the United States Bankruptcy Code.” D'Amico v. Johnston Partners, 866 A.2d 1222, 1229 (R.I.2005). ICSOP counters, however, by noting that the Rhode Island Legislature limited recovery under § 27-7-2.4 to “insurance coverage available for the tort complained of’ (emphasis added). Thus, ICSOP argues, it was clearly not the Legislature’s intent to expand the scope of coverage available under an insurance policy. Cf. Barber v. Canela, 570 A.2d 670, 671 (R.I. 1990) (<HOLDING>) (emphasis added). Yet IC-SOP contends that Options: A. holding that a related direct action statute ri gen laws 2772 is designed only to provide a remedy to the injured party and not to enlarge the liability of the insurer beyond the limits stated in the policy B. holding that an injured third party does not have the right to bring a direct action against a tortfeasors liability insurer C. holding that when an insurer files suit to cancel a policy the entire liability of the insurer both on the policy and under the statute is put in issue D. holding that an insurer which insures a tortfeasor under a liability policy has no obligation of good faith and fair dealing to an injured third party even where the injured third party also carries a separate policy with the insurer E. holding assignable to injured party insureds claim against insurer for judgment in excess of policy limits

assistant: The best answer is A. holding that a related direct action statute ri gen laws 2772 is designed only to provide a remedy to the injured party and not to enlarge the liability of the insurer beyond the limits stated in the policy
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: Motivated Killing”, and (5)—“Se-lection of Victims” constitute an “ ‘end-run’ around the Eighth Amendment” because, by allegedly restating the offenses charged, they fail to distinguish the Defendant from other offenders. (Dkt. No. 291 at 26). To the contrary, the challenged aggra 36 (2d Cir. 2008) (“Two factors are not duplicative merely because they are supported by the same evidence.”). Here, even if some of the nonaggravat-ing factors may be supported by the same evidence, none are duplicative. Like a five-circle Venn diagram, there may be areas of overlap between the five aggravating factors. However, no two factors are identical, which means it aggravating factor may play some role in the weighing process. This is permissible under the FDPA. 18 U.S.C. § 1, 367-68 (4th Cir. 2010) (<HOLDING>) and United States v. Higgs, 353 F.3d 281, 298 Options: A. holding that if the imposition of the death penalty depends on the existence of aggravating factors a jury must find those factors beyond a reasonable doubt B. holding that trial court must consider both statutory and nonstatutory mitigating factors C. holding that the grand jury need not find nonstatutory aggravating factors D. holding that the fifth amendment does not require the government to charge nonstatutory aggravating factors in the indictment because the finding of a nonstatutory aggravated alone will not support imposition of the death penalty E. holding that failure to charge nonstatutory aggravating factors in indictment is not constitutional error because under the fdpa only statutory factors expose a criminal defendant to the death penalty

assistant: The best answer is C. holding that the grand jury need not find nonstatutory aggravating factors
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: In addition, except as permitted herein, Recipient shall not disclose the fact that the parties are exchanging Confidential Information and having discussions. In connection therewith, it is agreed that no public release or disclosure of any contemplated transaction shall be made except by a mutually agreed disclosure except that each party may make such disclosure if advised by its outside securities counsel in writing that such disclosure is required; PROVIDED, HOWEVER, that in such event such party will notify the other party that it intends, as a preliminary matter, to take such action and the outside securities counsel of such party shall first discuss the mater with the outside securities counsel of the other party before any definitive decision is made on the disclosure.

assistant: Yes
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 warranties, representations, and covenants made by Borrower in this Agreement or in any certificate or other instrument delivered by Borrower to Lender under this Agreement shall be considered to have been relied upon by Lender and will survive the making of the Loan and delivery to Lender of the Loan Documents, regardless of any investigation made by Lender or on Lender’s behalf.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: as unlimited. As such, it operates generally against all restraints, legal as well as contractual. In urging her point, Peatros directs our view back from section 24, Fifth, through its proximate source in section 5136 of title 62 of the Revised Statutes of 1878, to its ultimate source in section 8 of the National Bank Act of 1864. Section 8, however, helps her not at all. For its background suggests, according to commentary on which she herself relies, that the power that it granted, it granted against the restraints of law as well as those of contract. (See Sinclair, Employment at Pleasure: An Idea Whose Time Has Passed, supra, 23 U. Tol. L.Rev. at pp. 540-541 [stating that, at the time at whic , supra, 650 F.2d at page 1098 (same); Inglis v. Feinerman (9th Cir. 1983) 701 F.2d 97, 99 (<HOLDING>); Kispert v. Federal Home Loan Bank (S.D. Ohio Options: A. holding that the commandant of the united states disciplinary barracks and the united states are identical parties B. holding that the plaintiff must demonstrate that defendants contacts with the united states as a whole support the exercise of jurisdiction consistent with the constitution and laws of the united states C. holding similarly as to 12 united states code section 1432a D. holding that the united states adoption of a states seizure of currency has the same effect as if the united states had originally seized the currency E. recognizing federal constitutional claim against the united states

assistant: The best answer is C. holding similarly as to 12 united states code section 1432a
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Amendment No. 2 may be executed in two or more counterparts, each of which shall constitute an original but all of which when taken together shall constitute a single contract. Delivery of an executed counterpart of a signature page of this Amendment No. 2 by facsimile or other electronic transmission shall be effective as delivery of a manually executed counterpart of this Amendment No. 2.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: the tripadvisor media group companies are not liable for the acts , errors , omissions , representations , warranties , breaches or negligence of any such suppliers or for any personal injuries , death , property damage , or other damages or expenses resulting therefrom .

assistant: Limitation of liability
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: (Emphasis in original.) 2 . Although the federal collateral order doctrine is not applied in our state courts, we believe the reasoning of these cases is sound. 3 . Two factors, the right to a fair hearing and need for witness cooperation, are not relevant because the divorce proceeding has ended. Another factor, the impact on sensitive child custody issues, is not implicated. Justice PLEICONES, concurring in part, dissenting in part. I concur in the majority’s conclusion that the order of the family court unsealing the divorce record is immediately appealable, but only because this is a final judgment of the family court. As the majority observes, “No further action is required in the family court to determine the parties’ rights... apital Corp., 317 Ark. 238, 878 S.W.2d 708 (1994) (<HOLDING>) (internal quotation omitted). Because the Options: A. holding that ajlthough the decision we review is that of declining to unseal the records the issue is whether the records should have been sealed in the first place and the one who seeks to overcome the expectation of access bears the burden of establishing the requisite important state interest B. recognizing that the defendant bears the burden of establishing that plain error was prejudicial C. holding that when state law prohibited discovery of records of a medical review committee the district court should have determined whether the records came within the statutes coverage and if so whether the right of access nevertheless outweighed the public policy expressed by state law D. holding that if the court determines that the papers and records should be kept confidential the burden to show good cause would be upon the party requesting to unseal or open the documents E. holding that the defendant bears the burden of demonstrating that the action should be transferred

assistant: The best answer is A. holding that ajlthough the decision we review is that of declining to unseal the records the issue is whether the records should have been sealed in the first place and the one who seeks to overcome the expectation of access bears the burden of establishing the requisite important state interest