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 Case excerpt: of Kelvin Pub., Inc., 1995 WL 734481, *4 (6th Cir.1995) (unpublished) (internal quotations omitted). Section 105 does not itself create a private right of action, but may be invoked to preserve a right elsewhere in the Code. Id.; Yancey v. Citifinancial Inc. (In re Yancey), 301 B.R. 861, 868 (Bankr.W.D.Tenn.2003). “Section 105(a) of the Code provides the bankr ss.1997) (using § 105(a) to hold the creditor in contempt to enforce the court’s discharge of a debt where the creditor had deliberately attempted to collect a prepetition debt in disregard of the discharge order). Section 105 also enables courts to issue orders necessary to protect estate property subject to bankruptcy proceedings. See, e.g., Green v. Drexler (In re Feit & Drexler, Inc.), 760 F.2d 406, 411, 414-15 (2nd Cir.1985) (<HOLDING>); Air Line Pilots Ass’n Int'l v. Am. Nat’l Bank Options: A. holding that a court had the power pursuant to 105a to compel a defendant to deliver her property which was the subject of a bankruptcy proceeding from outside the courts territorial jurisdiction B. holding that a motion to enforce bankruptcy sale order is a core proceeding and citing 11 usc 105a as the section which gives the bankruptcy court the power and the jurisdiction to enforce its valid orders C. holding that when evidence exists that the crime may have been committed outside marylands territorial jurisdiction and a defendant disputes the territorial jurisdiction of the maryland courts to try him or her the issue of where the crime was committed is factdependent and thus for the trier of fact D. holding that the basis of in rem jurisdiction is the presence of the subject property within the territorial jurisdiction of the forum state E. holding that bankruptcy court has discretionary power pursuant to 11 usc 105a to order preconfirmation plan payments in a chapter 12 proceeding

assistant: The best answer is A. holding that a court had the power pursuant to 105a to compel a defendant to deliver her property which was the subject of a bankruptcy proceeding from outside the courts territorial jurisdiction
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Each of the Lenders, each Issuing Bank and each of the Agents agrees that it shall maintain in confidence any information relating to Holdings, the Borrower and any Subsidiary furnished to it by or on behalf of Holdings, the Borrower or any Subsidiary (other than information that (a) has become generally available to the public other than as a result of a disclosure by such party in violation of this Section 9.16, (b) has been independently developed by such Lender, such Issuing Bank or such Agent without violating this Section 9.16 or (c) was available to such Lender, such Issuing Bank or such Agent from a third party having, to such person’s knowledge, no obligations of confidentiality to Holdings, the Borrower or any other Loan Party) and shall not reveal the same other than to its directors, trustees, officers, employees, advisors and any numbering, administration or settlement service providers with a need to know or to any person that approves or administers the Loans on behalf of such Lender (so long as each such person shall have been instructed to keep the same confidential in accordance with this Section 9.16), except: (A) to the extent necessary to comply with law or any legal process or the requirements of any Governmental Authority, the National Association of Insurance Commissioners or of any securities exchange on which securities of the disclosing party or any Affiliate of the disclosing party are listed or traded, (B) as part of normal reporting or review procedures to, or examinations by, Governmental Authorities or self regulatory authorities, including the National Association of Insurance Commissioners or the National Association of Securities Dealers, Inc., (C) to its parent companies, Affiliates or auditors (so long as each such person shall have been instructed to keep the same confidential in accordance with this Section 9.16), (D) in order to enforce its rights under any Loan Document in a legal proceeding, (E) to other Lenders and to any pledgee under Section 9.04(d) or any other prospective assignee of, or prospective Participant in, any of its rights under this Agreement (so long as such person is subject to this Section 9.16 or shall have been instructed to keep the same confidential in accordance with this Section 9.16) and (F) to any direct or indirect contractual counterparty in Swap Agreements or such contractual counterparty’s professional advisor (so long as such contractual counterparty or professional advisor to such contractual counterparty agrees to be bound by the provisions of this Section 9.16).

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: for example , we may deactivate your account due to prolonged inactivity , and we may reclaim your username at any time for any reason .

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: if the service does not permit you to post user videos directly to one or more third party social media platforms , then you are not authorized by the company to post your user videos on such platforms and you are solely responsible for obtaining any necessary rights , clearances , permissions or authorizations for such posting and may be subject to liability for your failure to do so in the event of any unauthorized posting of user videos .

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: a second chance to remove on the same basis that was earlier eschewed”). A considerable, long-standing body of case law, however, holds that an amendment that substantially changes the character of a lawsuit can give rise to a new right to remove, irrespective of whether the legal basis for removal (such as diversity or federal-question jurisdiction) is the same as before. See, e.g., Wilson, 668 F.2d at 965 ("The courts ... have read into [§ 1446(b)] an exception for the case where the plaintiff files an amended complaint that so changes the nature of his action as to constitute `substantially a new suit begun that day’") (quoting Fletcher v. Hamlet, 116 U.S. 408, 410, 6 S.Ct. 426, 29 L.Ed. 679 (1886)). Cf. Sehl v. Safari Motor Coaches, Inc., No. C 01-1750, 2001 WL 940846, at *4 (<HOLDING>). There is no litmus test for whether an Options: A. holding that the trial court properly struck the amended complaint when the plaintiff offered no reason to refute the trial courts finding that the new allegations in the amended complaint were based on facts the plaintiff had known since the beginning of the action B. holding defendant waived complaint C. holding that the amended complaint could not relate back to the original complaint in which all claims were barred by the statute of limitations D. holding original complaint was admission where it alleged an accident occurred on a different date than the amended complaint E. holding that since defendant failed to timely remove the original complaint which was removable based on federal question jurisdiction defendant thereby waived its right to file a subsequent removal even though the complaint was amended to add a new federal claim where the amendment to the complaint did not change the nature of the action so as to constitute a substantially new suit since the new allegations and claims were not substantially different from those in the original complaint

assistant: The best answer is E. holding that since defendant failed to timely remove the original complaint which was removable based on federal question jurisdiction defendant thereby waived its right to file a subsequent removal even though the complaint was amended to add a new federal claim where the amendment to the complaint did not change the nature of the action so as to constitute a substantially new suit since the new allegations and claims were not substantially different from those in the original complaint
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: disclosure in any instance would pose the hazard that Congress foresaw.” Am. Jewish Cong. v. Kreps, 574 F.2d 624, 628-29 (D.C.Cir.1978). Therefore, “only explicit nondisclosure statutes that evidence a congressional determination that certain materials ought to be kept in confidence will be sufficient to qualify under the exemption.” Irons and Sears v. Dann, 606 F.2d 1215, 1220 (D.C.Cir.1979). See generally Nat’l Ass’n of Home Builders v. Norton, 309 F.3d 26, 37 (D.C.Cir. 2002). In these cases, the DOC relies on several statutes that qualify as Exemption 3 nondisclosure statutes and thus permit its withholding of docume 35 U.S.C. § 122, prohibiting disclosure of patent applications and information pertaining to such applications. See Irons & Sears v. Dann, 606 F.2d 1215 (D.C.Cir.1979) (<HOLDING>). Sixth, the DOC properly invokes Federal Rule Options: A. holding that rule 6e qualifies as a statute for purposes of exemption 3 B. holding a debtors claim for loss of consortium to be entitled to an exemption under the oklahoma exemption statute and collecting other bankruptcy decisions recognizing a debtor spouses loss of consortium as the basis for allowing an exemption under federal and various state exemption statutes C. holding that various versions of the statute qualify as an exemption 3 statute D. holding that 6103 qualifies as an exemption statute E. holding that the statute qualifies as an exemption 3 statute

assistant: The best answer is E. holding that the statute qualifies as an exemption 3 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: All notices, requests or other communications provided for in this Agreement will be made, if to the Company, to Fortune Brands Home & Security, Inc., Attn. Secretary of the Compensation Committee of the Board of Directors, 520 Lake Cook Road, Deerfield, Illinois 60015, and if to Holder, to the last known mailing address of Holder contained in the records of the Company. All notices, requests or other communications provided for in this Agreement will be made in writing either (a) by personal delivery; (b) by facsimile or electronic mail with confirmation of receipt; (c) by mailing in the United States mails; or (d) by express courier service. The notice, request or other communication will be deemed to be received upon personal delivery, upon confirmation of receipt of facsimile or electronic mail transmission or upon receipt by the intended party if by United States mail or express courier service; provided, however, that if a notice, request or other communication sent to the Company is not received during regular business hours, it will be deemed to be received on the next succeeding business day of the Company.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: if the licensee does not agree to the terms and conditions of these terms of use , the licensor does not license the service to the licensee and the licensee must refrain from downloading , installing and using the service .

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: that was not his writing. Contrary to Overton’s assertion that the cross-examination was insufficient, Overton’s counsel attacked the alleged broken chain of custody with regard to both the brown paper bag and the envelopes that contained the clippings. Finally, we conclude that the decision by Overton’s counsel to not address a potential degradation of the DNA evidence during the Frye hearing on the basis of an alleged broken chain of custody was reasonable. First, notwithstanding that Over- ton’s counsel had not conceded at the time of the Frye hearing that the DNA evidence taken from the scene belonged to Overton, the location of DNA evidence matching Overton would be consistent with his theory that his DNA had been planted there. See McDonald v. State, 952 So.2d 484, 495 (Fla.2006) (<HOLDING>). Second, an expert (Dr. Litman) with whom Options: A. holding that the erroneous admission of dna evidence is never harmless B. recognizing that in prior decisions the court had used the term inconclusive to mean that dna evidence did not exclude an individual but clarifying that in the future the term inconclusive would be used only when a dna sample does not contain enough dna to draw a conclusion dna is degraded or for other reasons a dna test yields no results or the examiner draws no conclusion C. holding that there was no ineffective assistance for failing to hire a dna expert because the defenses theory was that the defendants dna was planted so the dna evidence would not seem to be an issue D. holding that admission of evidence that defendants dna profile was consistent with dna profiles from mixed blood samples was plain error warranting reversal because no testimony was provided to explain the statistical significance of a potential match E. holding that retroactively applying new version of dna act authorizing collection of defendants dna as a condition of supervised release did not constitute a sentence in excess of the statutory maximum

assistant: The best answer is C. holding that there was no ineffective assistance for failing to hire a dna expert because the defenses theory was that the defendants dna was planted so the dna evidence would not seem to be an issue
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: F.2d 832, 835 (2d Cir.1983) (noting duress defense “raises broad philosophical issues concerning the nature of voluntary action for purposes of criminal responsibility and the appropriate conditions for holding a person morally blameworthy”; further noting disagreement among state jurisdictions regarding the relation of mens rea and duress). We consider this exposition of the defense compelling and one that we will adopt in this appeal. {13} We also note that we have not uncovered any extrajurisdictional support for Lucero or the State’s argument in this appeal. Even State v 107 (1983) (necessity is a defense to DWI); State v. Olson, 79 Or.App. 302, 719 P.2d 55, 57 (1986) (choice of evils defense available to DUI defendant); State v. Riedl, 15 Kan.App.2d 326, 807 P.2d 697, 699 (1991) (<HOLDING>). Also, see generally Michael J. Yaworsky, Options: A. holding that compulsion is a defense to absolute liability traffic offenses B. holding governmental immunity is no defense to contractual liability C. recognizing that substantial change is a defense to a products liability claim D. holding absolute immunity protects prosecutor from liability for failing to give defense counsel materially exculpatory evidence E. recognizing that miranda warnings are unnecessary for the investigation of routine traffic offenses

assistant: The best answer is A. holding that compulsion is a defense to absolute liability traffic offenses
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: This Court has reviewed the DC/CV 32 and DC/CV 33 court orders submitted by Plaintiff, and finds that her exhibits are factually inconsistent with her claim. First, the collection lawsuit itself reflects that Tapper filed the action in Sawyer Property’s name. See Tapper’s Supp. Mem. Ex. 2. Second, both court orders list Sawyer Property as the judgment creditor. See PL’s Am. Compl. Exs. C, D. This Court gives greater weight to the facts presented in the court orders than to Plaintiffs own allegations, because when a “document contradicts a complaint to which it is attached, the document’s facts or allegations trump those in the complaint.” See, e.g., Flannery v. Recording Indus. Ass’n of Am., 354 F.3d 632, 638 (7th Cir.2004); see also Veney v. Wyche, 293 F.3d 726, 730 (4th Cir.2002) (<HOLDING>). As this Court found in Kennedy, the FDCPA Options: A. holding that a court need not accept as true conclusory allegations which are contradicted by documents referred to in the complaint B. holding that documents integral to the complaint are properly considered on a motion to dismiss C. holding that a court need not accept a plaintiffs allegation if it contradicts documents properly considered with the complaint D. holding that district court may consider documents referred to in plaintiffs complaint and central to his claim E. holding that the court need not accept as true unwarranted factual inferences

assistant: The best answer is C. holding that a court need not accept a plaintiffs allegation if it contradicts documents properly considered with the complaint
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: Amendment rights to show that he had something to hide violates Due Process. See Aplt. Br. at 12. The Doyle Court held that a defendant may not be impeached with evidence of his silence at the time of his arrest and after his receipt of Miranda warnings. See Doyle, 426 U.S. at 619, 96 S.Ct. 2240. To the extent that Mr. Dozal argues that he was penalized for invoking his Fifth Amendment privilege against self-inerimi-nation, see Aplt. Br. at 12, we note that he was not in custody at the time he refused to consent to the search. See Michigan v. Summers, 452 U.S. 692, 702, 101 S.Ct. 2587, 69 L.Ed.2d 340 (1981) (distinguishing custodial interrogation from Fourth Amendment detentions, which are “substantially less intrusive”); United States v. Ritchie, 35 F.3d 1477, 1485-86 (10th Cir.1994) (<HOLDING>). Accordingly, his statements to the officers Options: A. holding that a warrant authorizing the search of a residence vehicles at the residence and all persons found in the residence was not overly broad given that search was limited to places were drugs or weapons might be found B. holding that defendant was not in custody during search of his residence C. holding that defendant was not in miranda custody during knock and talk interview at his residence D. holding that search of appellants suitcase found on the floor next to the couch on which he was sleeping was an unconstitutional search of his person and was not authorized by a search of the residence E. holding that there was sufficient probable cause to search a defendants residence after evidence of drug dealing was found in his car during a traffic stop that was conducted when the defendant was coming from his residence and noting that under such circumstances a practical commonsense conclusion could be made that the drugs and money had been at the defendants residence a short time before the stop

assistant: The best answer is B. holding that defendant was not in custody during search of his residence
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: event, not reasonably foreseeable, which completely breaks the connection between the defendant’s negligent act and the plaintiffs injury. An intervening cause breaks the chain of events so that the defendant’s original negligent act is not a proximate cause of the plaintiffs injury in the slightest degree. Appellees’ App. at 47. The Estate did not object to these instructions. During closing arguments, the Defendants argued, without any objection from the Estate, that Dyer’s speed was the proximate cause of his death. We conclude that the Estate waived any argument that Dyer’s speed could not be an intervening or proximate cause of Dyer’s death by failing to object at trial. See, e.g., Estate of Hunt v. Bd. of Comm’rs of Henry County, 526 N.E.2d 1230, 1236 n. 5 (Ind.Ct.App.1988) (<HOLDING>), trans. denied; see also Ind. Trial Rule 51(C) Options: A. holding that the failure to object to an instruction constitutes a waiver of error B. holding that a party waived an allegation that an instruction was erroneous where the party failed to object at trial to the instruction on those grounds C. holding that the failure to object to a trial courts instruction constitutes waiver D. holding that unless an erroneous instruction was unlikely to have changed the result of the trial a reviewing court cannot say that giving the instruction was harmless error E. holding that party waived complaint regarding instruction where it did not raise specific objection

assistant: The best answer is B. holding that a party waived an allegation that an instruction was erroneous where the party failed to object at trial to the instruction on those grounds
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: a bankruptcy case can administer property that is not that of the debtor.” The district court affirmed for essentially the same reasons. We review the judgment of a district court sitting in review of a bankruptcy court de novo, applying the same standards of review applied by the district court. Thus, we review the bankruptcy court’s factual findings for clear error and its decisions of law de novo. Devan v. Phoenix Am. Life Ins. Co. (In re Merry-Go-Round Enters., Inc.), 400 F.3d 219, 224 (4th Cir.2005). II. Section 541 of the Bankruptcy Code governs the composition of the bankruptcy estate and provides a broad definition of “[pjroperty of the estate.” 11 U.S.C.A. § 541 (West 2006); see United States v. Whiting Pools, Inc., 462 U.S. 198, 205-06, 103 S.Ct. 2309, 76 L.Ed.2d 515 (1983) (<HOLDING>); Tignor v. Parkinson, 729 F.2d 977, 980 (4th Options: A. recognizing broad scope of the reorganization estate B. holding that discovery under the federal rules of civil procedure is broad in scope and freely permitted C. holding that postconfirmation income that isnot necessary to the fulfillment of the plan of reorganization does not become part of bankruptcy estate D. holding that postconfirmation income that is not necessary to the fulfillment of the plan of reorganization does not become part of the bankruptcy estate E. holding that postconfirmation income that is not necessary to the fulfillment of the plan of reorganization does not become pari of bankruptcy estate

assistant: The best answer is A. recognizing broad scope of the reorganization estate
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 capitalization of the Company immediately prior to Closing is, in all material respects, as set forth in the SEC Reports. Except as provided on Schedule 3.1(g) , or the SEC Reports, no Person has (i) any right of first refusal, preemptive right, right of participation, or any similar right to participate in the transactions contemplated by the Transaction Documents except for such, if any, as will have been validly waived before the Closing and (ii) except pursuant to the operation of agreements filed as exhibits to the SEC Reports before the date of this Agreement, the issuance and sale of the Securities will not obligate the Company to issue shares of Common Stock or other securities to any Person (other than the Purchaser) and will not result in a right of any holder of Company securities to adjust the exercise, conversion, exchange or reset price under any of such securities. All of the outstanding shares of capital stock of the Company are validly issued, fully paid and nonassessable, have been issued in compliance with all federal and state securities laws, and none of such outstanding shares was issued in violation of any preemptive rights or similar rights to subscribe for or purchase securities. No further approval or authorization of any stockholder, the Board of Directors or others is required for the issuance and sale of the Securities. Except as filed as exhibits to the SEC Reports, there are no stockholders agreements, voting agreements or other similar agreements with respect to the Company's capital stock to which the Company is a party or, to the knowledge of the Company, between or among any of the Company's stockholders.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: you acknowledge that you have elected to procure virtual tender or any premium account or paid features of the service notwithstanding the possibility of termination of such license rights under the circumstances set forth in 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: You acknowledge that you have read and understand this letter agreement, that you are hereby provided a period of forty-five (45) calendar days after the Separation Date to consider its terms, and that you are hereby advised in writing to discuss its terms with an attorney or other advisor before executing the letter agreement, and that your execution is purely voluntary. This letter agreement will not become effective and enforceable until seven (7) days after your execution. You further understand that you may revoke this letter agreement within seven (7) calendar days after you have signed it by delivering written notice of revocation to Joseph Leigh, Lumos Networks Corp., 1 Lumos Plaza, Waynesboro, VA 22980. If the end of such revocation period falls on a Saturday, Sunday or legal holiday in the Commonwealth of Virginia, the revocation period shall be extended until the next day that is not a Saturday, Sunday or legal holiday in the Commonwealth of Virginia. Notwithstanding anything contained herein to the contrary, you understand and agree that, if you fail to sign the letter agreement on or before the expiration of forty-five (45) days after the Separation Date, or if you revoke the letter agreement before the expiration of the revocation period, this letter agreement shall be canceled and void and neither party shall have any rights or obligations arising under it, and you will not be entitled to receive any payments or benefits under this letter agreement not otherwise payable absent this letter agreement. Notwithstanding any other provision of this letter agreement, no payments or benefits shall be made hereunder for the sixty (60) days immediately following the Separation Date except as set forth herein. Any payments to be made or benefits to be delivered during such sixty (60) days will be delayed until the expiration of such sixty (60) days period. Any payments that would otherwise have been paid during that time shall be accumulated and paid in a lump sum immediately after the expiration of such period. Any benefit to be delivered during such time may be continued at your expense, with you having the right to reimbursement immediately after the expiration of such period. Any vesting of stock awards to occur shall occur only after the release becomes effective and enforceable and the revocation period expires without revocation of same. You further acknowledge that the payments, benefits and vesting set forth in paragraphs 2 and 3 herein would not be otherwise payable in the absence of your agreement of the General Release in paragraph 8.

assistant: Effective Dates
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: Carranza v. INS, 277 F.3d 65, 71 (1st Cir.2002). A court lacks habeas jurisdiction to evaluate claims “grounded solely in the INS’s failure to exercise its prosecutorial discretion.” Id. Pure issues of law may be raised in habeas petitions. See INS v. St. Cyr, 533 U.S. 289, 302, 121 S.Ct. 2271, 150 L.Ed.2d 347 (2001) (noting historical use of writ to challenge detentions based on “errors of law, including the erroneous application or interpretation of statutes”); Demore v. Kim, 538 U.S. 510, 516-17, 123 S.Ct. 1708, 155 L.Ed.2d 724 (2003) (upholding use of habeas to challenge on constitutional grounds the “statutory framework” permitting detention without bail); Saint Fort v. Ashcroft, 329 F.3d 191, 203 (1st Cir.2003) (quoting Goncalves v. Reno, 144 F.3d 110, 113 (1st Cir.1998)) (<HOLDING>). “[I]f a statute makes an alien eligible to be Options: A. holding that federal courts possess habeas jurisdiction over claims arising under implementing legislation and regulations of the convention against torture B. holding that the united states court of federal claims lacked jurisdiction over claims arising from the violation of a criminal statute C. holding that the federal district courts dismissal of the plaintiffs federal claims deprived the court of its jurisdiction over the remaining state law claims arising from the same incident D. holding that claims arising under the sixth amendment fall outside the jurisdiction of the court of federal claims E. holding that the court of federal claims lacked jurisdiction over claims arising from the violation of a criminal statute

assistant: The best answer is A. holding that federal courts possess habeas jurisdiction over claims arising under implementing legislation and regulations of the convention against torture
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 we do, that public participation in preliminary hearings provides a significant and positive role on the functioning of the judiciary. Id. at 12-13, 106 S.Ct. at 2742. B. Judicial Documents [¶ 20] While not specifically. finding that the First Amendment right to access attaches to judicial documents, the United States Supreme Court has observed, "It is clear that the courts of this country recognize a general right to inspect and copy public records and documents, including judicial records[.]" Nixon v. Warner Commc'ns, Inc., 435 U.S. 589, 597, 98 S.Ct. 1306, 1312, 55 LEd.2d 570 (1978). Additionally, numerous federal courts have affirmed the right of public access to judicial documents pursuant to the First Amendment. Hartford Courant Co. v. Pellegrino, 380 F.3d 83, 96 (2d Cir.2004) (<HOLDING>); In re Providence Journal Co., 293 F.3d 1, 10 Options: A. recognizing that corporations have first amendment speech rights but declining to address the abstract question whether corporations have the full measure of rights that individuals enjoy under the first amendment B. holding that a district judge does not enjoy the benefit of a legal presumption that the guidelines sentence should apply C. holding no presumption of openness applies to midtrial hearings into juror misconduct because of the disruptive effect on the ongoing trial D. holding that agency decisions enjoy a presumption of correctness E. holding that docket sheets enjoy a presumption of openness under the first amendment

assistant: The best answer is E. holding that docket sheets enjoy a presumption of openness under the first amendment
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 the performance hereof shall be construed and governed in accordance with the laws of the State of Texas, and the Parties waive the application of conflicts of laws provisions or principles of any state or jurisdiction. Further, the prevailing Party in any legal proceeding based upon this Agreement shall be entitled to reasonable attorney’s fees and court costs, in addition to any other recoveries allowed by law. Concerning any dispute arising out of or relating to this Agreement, the Parties hereby irrevocably submit to the exclusive jurisdiction of any federal or state court located within Dallas County, Texas or, if a mandatory venue provision is applicable, to the jurisdiction of any other federal or state court within the State of Texas required to hear such matter by any such applicable mandatory venue provision. The Parties hereby irrevocably waive, to the fullest extent permitted by applicable law, any objection which they may now or hereafter have to the laying of venue of any such dispute brought in such court or any defense of inconvenient forum for the maintenance of such dispute. Each of the Parties agrees that a judgment in any such dispute may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company has filed or furnished, as applicable, all reports, schedules, forms, statements and other documents required to be filed or furnished, as applicable, by the Company under the Securities Act and the Exchange Act, including pursuant to Section 13(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, together with the Registration Statement and any amendments made thereto, 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, the Exchange Act and the Sarbanes-Oxley Act of 2002, and any rules and regulations promulgated thereunder applicable to such SEC Report, 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. No Subsidiary of the Company is required to file or furnish any report, schedule, form, statement or other document with, or make any other filing with, or furnish any other material to, the Commission. The financial statements of the Company included in or incorporated by reference into 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 from, and are in accordance with the books and records of the Company and its Subsidiaries and 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 consolidated financial position of the Company and its consolidated Subsidiaries as of and for the dates thereof and the results of operations, changes in stockholders’ equity and cash flows for the periods then ended, subject, in the case of unaudited statements, to normal, immaterial, year-end audit adjustments.

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 hereby agrees to employ the Employee and the Employee hereby agrees to be employed by the Company upon the terms and conditions herein set forth. The Employee’s date of hire will be the date Employee commences full-time employment for the Company, to be no later than August 31, 2017 (the “ Date of Hire ”).

assistant: Employment
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: J. We have for review Noble v. State, 765 So.2d 58 (Fla. 4th DCA 2000). We have jurisdiction. See art. V, § 8(b)(3), Fla. Const. Noble challenges his sentence under the Prison Releasee Reoffender Act (the “Act”) on several grounds, most of which have been addressed previously by this Court. See Grant v. State, 770 So.2d 655 (Fla.2000) (rejecting an ex post facto challenge to the Act and holding that the Act violates neither the single subject rule for legislation nor principles of equal protection); McKnight v. State, 769 So.2d 1039 (Fla.2000) (<HOLDING>); State v. Cotton, 769 So.2d 345 (Fla.2000) Options: A. holding that the government must prove the facts used in sentencing by a preponderance of the evidence B. holding that a defendant has the right both to present evidence to prove that the defendant does not qualify for sentencing under the act and to challenge the states evidence regarding the defendants eligibility for sentencing as a prison releasee reoffender C. holding that defendant has due process right to introduce evidence on minimum parole eligibility in sentencing phase D. recognizing that sentencing facts are based on the evidence and testimony presented at sentencing under a preponderance of the evidence standard E. holding that prison releasee reoffender sentence does not apply to burglary of unoccupied dwelling

assistant: The best answer is B. holding that a defendant has the right both to present evidence to prove that the defendant does not qualify for sentencing under the act and to challenge the states evidence regarding the defendants eligibility for sentencing as a prison releasee reoffender
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: para. 3; J.A. at 103-04. This statement that the FBI was called in because of the allegedly furtive secreting of papers is at least presumptively inconsistent with Oliveros’ statement that he made the list from those secreted papers after the FBI was called. Perhaps Oliveros discovered the hidden papers first, then the FBI was called in, and then Oliveros made the list; but the more natural reading of Oliveros’ affidavit is that he discovered the hidden papers only after the FBI was called in. The Supreme Court in Lyons expressly acknowledged that standing requirements vary depending on the nature of the relief sought. Lyons, 461 U.S. at 106 n. 7, 103 S.Ct. at 1667-68 n. 7; see also Rizzo v. Goode, 423 U.S. 362, 383, 96 S.Ct. 598, 610, 46 L.Ed.2d 561 (1976) (Blackmun, J., dissenting) (<HOLDING>). Given the nature of Haase’s claim — a Options: A. recognizing that an ordinary witness may decline to answer only after making the requisite showing of the danger of selfincrimination B. recognizing that some constitutional violations might be spread so extremely thin as to prevent any individual from showing the requisite case or controversy C. holding that to establish jurisdiction in action for declaratory judgment controversy must be actual and present a case for the consideration of the court wherein plaintiff is asserting some legal or property right adverse to defendant D. holding that a trial court errs by exempting a witness from sequestration absent the requisite showing E. holding that the requirement of an actual case or controversy is a jurisdictional prerequisite under the constitution

assistant: The best answer is B. recognizing that some constitutional violations might be spread so extremely thin as to prevent any individual from showing the requisite case or controversy
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: supported the imposition of a sentence “within the range ” applicable to the charged crime and “authorized by the jury finding” that the defendant was guilty of the charged crime-even without a jury’s finding of penetration. Apprendi, 530 U.S. at 494 n. 19, 120 S.Ct. 2348. Accordingly, penetration was neither required to be found by the jury nor required to be alleged in the information. This case is controlled by the rule that where the victim injury which is the basis for the assessment of sentencing points is not an element — or the functional equivalent of an element — of the offense and thus not part of the essential facts constituting the offense charged, the victim injury need not be alleged in the information. But see Delgado v. State, 948 So.2d 883, 884 (Fla. 3d DCA 2007) (<HOLDING>). This view is supported by the decision in Options: A. holding failure to file statement of points is no bar to appeal B. holding that assessment of victim injury points was improper because the information did not allege the factual basis for the victim injury points C. holding statement of points in notice of appeal sufficient D. recognizing that the assessment of victim injury points depends on whether the victims injury was a direct result of the defendants crimes E. holding the harmed victim need not be the victim of the offense of conviction

assistant: The best answer is B. holding that assessment of victim injury points was improper because the information did not allege the factual basis for the victim injury points
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Notwithstanding anything in this Agreement to the contrary, the provisions of Sections 7, 10, 11 and 14(e)-(j), the definitions of defined terms used therein and the remaining provisions of this Section 14 (to the extent necessary to effectuate the survival of the foregoing provisions) shall survive the termination of this Agreement and any termination of Executive’s employment 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 case excerpt and choose the best holding from the options. Case excerpt: have been violated in her reports, or that she made her reports to any authority capable of prosecuting her allegations. Therefore, only two questions remain: (1) whether Connally made her reports to an appropriate law enforcement authority authorized to investigate her allegations; and (2) whether her reports contained sufficient allegations that criminal law violations had been committed by DISD employees. ANALYSIS Appropriate Law Enforcement Authority The question whether an employee has made a report in “good faith” to an appropriate law enforcement authority under the Whistleblower Act has both objective and subjective elements. Univ. of Tex. Sw. Med. Ctr. v. Gentilello, 398 S.W.3d 680, 683 (Tex. 2013); see also Texas Dept. of Human Servs. v. Okoli, 440 S.W.3d 611, 614 (Tex. 2014) (<HOLDING>). Thus, a plaintiffs bélief that he or she Options: A. recognizing drug traffickers will commonly possess firearms to protect their product to protect their drugs to protect their cash to protect their life and even to protect their turf alteration in original internal quotation marks omit ted B. holding that the good faith requirement of the whistleblower statute was not met where the purpose of the employee at the time of the making of reports was not to protect the public but to protect the jobs of himself and his coworkers C. recognizing the courts consistent refusal to remove the objective element and protect internal reports to workplace supervisors who lacked the acts specified powers D. holding that the district courts refusal to grant a downward departure was discretionary and not because it believed it lacked the authority to depart where the court assessed the facts of the case and concluded that the departure requested does not seem to have a basis E. recognizing claims as ones in which a plaintiff proves that her refusal to submit to a supervisors demands for sex resulted in a tangible employment action

assistant: The best answer is C. recognizing the courts consistent refusal to remove the objective element and protect internal reports to workplace supervisors who lacked the acts specified powers