flwrlabs/fed-legal huggingface dataset:
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Unless terminated earlier in accordance with Section 11(a) , the obligations of each Party pursuant to this Section 8 shall terminate upon the payment by Recipient to Provider of aggregate Net Revenue Fees in an amount equal to the Aggregate Cap (such date of termination, the “ Net Revenue Fee End Date ”).

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: Each of the parties hereto represents to the other that (i) it has the corporate power and authority to execute, deliver and perform this Agreement, (ii) the execution, delivery and performance of this Agreement by it has been duly authorized by all necessary corporate action and no such further action is required, (iii) it has duly and validly executed and delivered this Agreement, and (iv) this Agreement is a legal, valid and binding obligation, enforceable against it in accordance with its terms subject to applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting creditors’ rights generally and general equity principles.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: from its judgment. The trial court was within its discretion, however, in not awarding a credit for the payments made by George pursuant to the preliminary agreement between he and Paula. Reversed in part and remanded with instructions. Affirmed in part. HOFFMAN and RUCKER, JJ., concur. 1 . In their briefs, the parties assume that the trial court was presented with the request for written findings of fact and conclusions of law. Our standard of review reflects the parties’ assumption. 2 . Since Hisquierdo, the statute has been changed to allow Tier II railroad pension benefits to be treated as marital property. The Hisquierdo holding remains applicable to issues concerning Tier I railroad pension benefits. See e.g., Tarbet v. Tarbet, 97 Ohio App.3d 674, 647 N.E.2d 254, 256 (1994) (<HOLDING>). 3 . We note that Paula filed with this court Options: A. holding that trial court cannot include retirement benefits in marital estate subject to property division absent proof of present value B. holding that the superior court had no jurisdiction over the division of marital property when the district court had properly invoked jurisdiction over the property C. holding that reconsideration of the correctness of property division was barred on appeal from the judgment enforcing that division D. holding that the supreme courts conclusion in hisquierdo that tier i benefits may not be treated as marital property subject to division remains the law E. holding that separate property may become marital property if spouse donates it to marital unit with intent at time of donation that property become marital

assistant: The best answer is D. holding that the supreme courts conclusion in hisquierdo that tier i benefits may not be treated as marital property subject to division remains the law
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 is a corporation duly organized, validly existing and in good standing under the laws of the State of Delaware. The Company has all requisite corporate power and authority to carry on its business as presently conducted. The Company is duly qualified to transact business and is in good standing as a foreign corporation in all jurisdictions where the ownership or leasing of its properties or the conduct of its business requires such qualification except where the failure to so qualify would not have a Material Adverse Effect on the Company.

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 case excerpt and choose the best holding from the options. Case excerpt: 5000 the conclusion that Wimbish’s breath alcohol content was .22 grams per 210 liters of breath. Wimbish blew into the machine, the machine analyzed his breath and reported the results of its analysis. The machine was the sole source of the test results. Thus the result of the breath test was merely data produced by a machine, not a statement produced by a witness. See United States v. Moon, 512 F.3d 359, 362 (7th Cir.2008) (“[D]ata are not ‘statements’ in any useful sense. Nor is a machine a ‘witness against’ anyone.”); United States v. Washington, 498 F.3d 225, 230 (4th Cir.2007) (“ ‘[Statements’ made by machines are not out-of-court statements made by declarants that are subject to the Confrontation Clause.”); Caldwell v. State, 230 Ga.App. 46, 495 S.E.2d 308, 310 (1997) (<HOLDING>); State v. Van Sickle, 120 Idaho 99, 813 P.2d Options: A. holding that allegations that injuries were caused by misuse of ekg machine did not fall within waiver provisions of ttca because plaintiff had not made affirmative allegation that ekg machine was incorrectly used or that its results were erroneous and reasoning that misuse of information produced by ekg machine caused injuries rather than device itself B. holding that state trade secret law could not protect vending machine mechanism where machine was sold to third party C. holding that a machine that allegedly eliminated lumps from womens breasts was governed by the ffdca even though the fda did not require the use of such a machine D. holding that certifications of a breathtest machine are nontestimonial because they are not prepared for any specific defendant or any specific litigation E. holding that printouts from a breath test machine are not hearsay but rather the mechanicallygenerated reports automatically created by the machine they do not constitute outofcourt statements by any person or the conclusion of a third party not before the court internal citations omitted

assistant: The best answer is E. holding that printouts from a breath test machine are not hearsay but rather the mechanicallygenerated reports automatically created by the machine they do not constitute outofcourt statements by any person or the conclusion of a third party not before the court internal citations omitted
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: trial was prejudicial, we conclude that his contention lacks merit[.]”). Thus, Van Gorder was not prejudiced by appellate counsel’s decision not to press this issue on direct appeal. 12. Failure to argue that notice of witnesses was not properly given pursuant to N.Y.Crim. Proc. Law § 710.30 Van Gorder asserts that appellate counsel should have argued that the prosecution erred in not timely serving notice pursuant to N.Y.Crim. Proc. Law § 710.30. Upon defense counsel’s motion for a § 710.30 notice, the prosecutor served a blank notice-blank because Van Gorder made no statements to the police, and no § 710.30 notice is required regarding statements made by Van Gorder to the complainant or to other civilian witnesses. See People v. Velez, 168 A.D.2d 207, 562 N.Y.S.2d 91 (1st Dep’t 1990) (<HOLDING>); People v. Bell, 161 A.D.2d 772, 556 N.Y.S.2d Options: A. holding rule 16 does not apply to oral statements other than statements of the defendant B. holding that federal rule of evidence 8034 the hearsay exception for statements made for medical diagnosis or treatment does not apply to statements made by doctors C. holding that bruton does not apply to nontestimonial codefendant statements D. holding that rule does not apply where defendant made false representations E. holding that 71030 does not apply to statements made to civilian witnesses

assistant: The best answer is E. holding that 71030 does not apply to statements made to civilian witnesses
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 of the products produced, sold, licensed and delivered by the Company (the “ Products ”) and the services performed by the Company (the “ Services ”) have conformed with all applicable contractual commitments. The Company does not provide warranties for its Products or Services. Notwithstanding the foregoing, the Company loans point of sale terminals to its customers pursuant to the terms set forth in the form of agreement attached as Schedule 3.1(gg) . It has been the Company’s past custom and practice to replace broken or damaged point of sale terminals loaned its customers. To the Knowledge of the Seller and the Company, the point of sale terminals loaned to its customers in the aggregate are in good operating condition and in a state of good maintenance and repair, ordinary wear and tear excepted.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Consultant shall provide reasonable cooperation in connection with any action or proceeding (or any appeal from any action or proceeding) which relates to events during Consultant’s service hereunder. The Company shall reimburse Consultant for Consultant’s reasonable travel expenses incurred in connection with the foregoing, in accordance with the Company’s policies and subject to the delivery of reasonable support for such expenses.

assistant: Cooperation
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: October 14, 1996, at A NEWS. 20 . Id. 21 . Bruce Mohl, Student Credit Cards: A visa to Big-debt Land, San Diego Union-Tribune, October 10, 1996, at LIFESTYLE. 22 . Consumer Bankruptcy News, Consumer Bankruptcies Continue to Set Record Pace, July 3, 1997. 23 . Faulkner & Gray, Inc., Fending Off the Personal Bankruptcy Plague, Bank Technology News, March 1, 1997. 24 . Id. 25 . Faulkner & Gray, Inc., Fending Off the Personal Bankruptcy Plagu 985). 87 . 11 U.S.C. § 523(a)(2)(C). 88 . Id. See also Citibank South Dakota, N.A. v. Eashai (In re Eashai), 87 F.3d 1082, 1092 (9th Cir.1996). 89 . Sears Roebuck and Co. v. Hernandez (In re Hernandez), 208 B.R. 872, 881 n. 17 (Bankr.W.D.Tex.1997). See also AT&T Universal Card Serv. v. Acker (In re Acker), 207 B.R. 12, 16 (Bankr.M.D.Fla.1997) (<HOLDING>); First Card Serv., Inc. v. Kitzmiller (In re Options: A. recognizing presumption B. holding that a presumption of fraud eliminates the need to prove reliance C. holding that plaintiffs were entitled to the ute citizens presumption of reliance D. recognizing a rebuttable presumption of reliance in rule 10b5 E. holding that plaintiff failed to prove reasonable reliance on a false statement

assistant: The best answer is B. holding that a presumption of fraud eliminates the need to prove reliance
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 “the jury had sufficient information to appraise the bias and motives of the witness” and to draw inferences about the witness’s reliability. Id. (citation and quotation marks omitted); United States v. McCullough, 631 F.3d 783, 790 (5th Cir.2011) (“A defendant’s Confrontation Clause rights are satisfied when defense counsel is permitted to expose to the jury the facts from which the jurors ... could appropriately draw inferences relating to the reliability of the witness.” (citation and internal quotation marks omitted)). To this end, we have previously held that a defendant’s Sixth Amendment confrontation right is satisfied even when the district court limits cross-examination to basic information concerning a witness’s prior convictions. See, e.g., McCullough, 631 F.3d at 791 (<HOLDING>); United States v. Restivo, 8 F.3d 274, 278 Options: A. holding that crossexamination about whether witness previously provided false information clearly was admissible as probative of the witnesss veracity B. holding that the quashing of a defendants subpoena for a prosecution witnesss complete immigration file did not violate the defendants confrontation rights where the defendants crossexamination enabled the jury sufficiently to assess the witnesss credibility C. holding no confrontation right violation where the district court limited crossexamination to basic information about the witnesss convictions and prohibited inter alia descriptions of the witnesss conduct during the incidents leading to his convictions emphasis added D. recognizing that even evidence of a defendants and a witnesss prior bad acts was admissible to show inter alia the defendants familiarity with the witness E. holding that testimony supporting the witnesss character for truthfulness was improperly admitted on redirect examination because there was no attack on the witnesss credibility or character during crossexamination

assistant: The best answer is C. holding no confrontation right violation where the district court limited crossexamination to basic information about the witnesss convictions and prohibited inter alia descriptions of the witnesss conduct during the incidents leading to his convictions emphasis added
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 statutory and regulatory authority to select appropriate placements and license them. The Division argues that the judge’s decision in this case, therefore, violates the separation of powers clause of the State constitution. See N.J. Const., art. Ill, 111 (“The powers of the government shall be divided among three distinct branches, the legislative, executive, and judicial. No person or persons belonging to or constituting one branch shall exercise any of the powers properly belonging to either of the others, except as expressly provided in this Constitution.”). The Division concedes that the Family Part may exercise its jurisdiction and order a particular placement “as between two fit, licensed homes.” See, e.g., In re C.R., 364 N.J.Super. 263, 283, 835 A.2d 340 (App.Div.2003) (<HOLDING>), certif. denied, 179 N.J. 369, 845 A.2d 1252 Options: A. recognizing the courts jurisdiction to resolve disputes between competing permanency plans that are reasonably plausible B. holding that a court may review any evidence such as affidavits and testimony to resolve factual disputes concerning the existence of jurisdiction C. recognizing that generally disputes between purchasers of a debtors assets and third parties are not within the bankruptcy courts jurisdiction but recognizing that disputes concerning the sale order itself may be sufficient for subject matter jurisdiction D. holding that resolution of tribal law disputes are not within federal court jurisdiction E. holding that in ruling on a rule 12b1 motion the court may consider exhibits outside the pleadings to resolve factual disputes regarding jurisdiction

assistant: The best answer is A. recognizing the courts jurisdiction to resolve disputes between competing permanency plans that are reasonably plausible
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: (affirming summary judgment against employee on claim of retaliation for protesting racial discrimination in job promotions); Sherman v. Burke Contracting, Inc., 891 F.2d 1527 (11th Cir.1990) (reversing award of damages in employee’s favor on a claim of retaliation for fifing an EEOC discrimination charge); Malhotra v. Cotter & Co., 885 F.2d 1305 (7th Cir.1989) (questioning whether rights against retaliation survive Supreme Court’s decision in Patterson). Section 210 would restore rights to sue for such retaliatory conduct. H.R.Rep. No. 40(1), 102d Cong., 1st Sess. 92 n. 92 (1991), reprinted in 1991 U.S.C.C.A.N. 549, 630. Importantly, this quotation states that the Act overrules not only Patterson but also Sherman, the Eleventh Circuit case that Augat pri p. 703, 711 (S.D.N.Y.1995) (<HOLDING>); Wilson v. Shell Oil Co., No. CIV-A-94-3698, Options: A. holding that the district court did not err in continuing the trial without defendant when the trial had commenced in defendants presence he vigorously expressed his desire to be absent he was given ample opportunity to change his mind despite the disturbance he had created he had competent counsel and he knew of his right to be present B. holding that reinstatement was insufficient to remedy a wrongful suspension and that back pay must be awarded as the amount he would have received had he been retained in his job during that period less any amount he might have earned elsewhere C. holding that defendant was not resident of his mothers household even though his drivers license listed his mothers address and he received mail there because he expressed a belief that his residence was in a different location than his mothers home he rented and occupied his own residence and he testified that he was only living with his mother after expiration of his lease until he could find another place to live D. holding that plaintiff could not show that he was disabled because he conceded that he could do his job despite his impairment E. holding that plaintiffs allegations that he was improperly paid for appearances at arbitration proceedings that he received highly negative performance evaluations that he was harassed by being required to perform tasks outside his job description that he received shorter notice of his termination than other employees and that he was terminated in retaliation for his eeoc complaint each state a claim upon which relief can be granted under 1981

assistant: The best answer is E. holding that plaintiffs allegations that he was improperly paid for appearances at arbitration proceedings that he received highly negative performance evaluations that he was harassed by being required to perform tasks outside his job description that he received shorter notice of his termination than other employees and that he was terminated in retaliation for his eeoc complaint each state a claim upon which relief can be granted under 1981
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: is necessary to provide the defendant with the opportunity to prove actual bias.” United States v. Herndon, 156 F.3d 629, 635 (6th Cir.1998) (emphasis added) (inter nal quotation marks omitted); id. at 637 (reiterating that “the district court has a duty to investigate [a claim of alleged juror influence], and if the allegation is of an extraneous influence, then the district court should have conducted a Remmer hearing”); United States v. Davis, 177 F.3d 552, 557 (6th Cir.1999); see also Smith v. Phillips, 455 U.S. 209, 215, 102 S.Ct. 940, 71 L.Ed.2d 78 (1982) (observing that “the remedy for allegations of juror partiality is a hearing in which the defendant has the opportunity to prove actual bias” and discussing Remmer); United States v. Zelinka, 862 F.2d 92, 95-96 (6th Cir.1988) (<HOLDING>); Rigsby, 45 F.3d at 123 (stating that “we Options: A. holding that the district court did not abuse its discretion when the trial judge questioned the juror extensively enough to satisfy itself that the juror was not biased emphasis added B. holding that when a defendant alleges that an unauthorized contact with a juror has tainted a trial a hearing must be held C. holding that a court must allow the defendant to ask in voir dire whether a potential juror would automatically impose the death penalty and suggesting that such a juror should be disqualified for cause D. holding that trial courts denial of motion for new trial based on juror misconduct was justified where there was no evidence presented at hearing on motion that juror had knowingly concealed relevant litigation experience during voir dire and identity of juror as county court litigant was not demonstrated E. holding that there could be no conscious or subconscious influence from shadow jurors contact with juror when juror was unaware of shadow jurors affiliation with a party

assistant: The best answer is B. holding that when a defendant alleges that an unauthorized contact with a juror has tainted a trial a hearing must be held
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The parties agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that, without the necessity of posting bond or other undertaking, the parties shall be entitled to specific performance of the terms hereof, this being in addition to any other remedies to which they are entitled at law or equity, and in the event that any action or suit is brought in equity to enforce the provisions of this Agreement, and no party will allege, and each party hereby waives, the defense or counterclaim that there is an adequate remedy at law.

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: During and after the Employment Period, Employee shall cooperate with the Company in any internal investigation, administrative, regulatory or judicial investigation or proceeding, or any dispute with a third-party, as reasonably requested by the Company, including, without limitation, being available to the Company upon reasonable notice for interviews and factual investigations, appearing at the Company’s request to give testimony without requiring service of a subpoena or other legal process, volunteering to the Company all pertinent information, and turning over to the Company all relevant documents, all at times and on schedules reasonably consistent with Employee’s activities and commitments.

assistant: Cooperation
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 users residing in the eu or european economic area or elsewhere where our arbitration agreement is prohibited by law , the laws of texas , u.s.a. , excluding texas 's conflict of laws rules , will apply to any disputes arising out of or relating to this agreement or the services .

assistant: Choice of law
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: Indemnitee shall cooperate with the person, persons or entity making the determination with respect to Indemnitee’s entitlement to indemnification under this Agreement, including providing to such person, persons or entity upon reasonable advance request any documentation or information which is not privileged or otherwise protected from disclosure and which is reasonably available to Indemnitee and reasonably necessary to such determination. Any costs or expenses (including attorneys’ fees and disbursements) incurred by Indemnitee in so cooperating with the person, persons or entity making such determination shall be borne by the Company (irrespective of the determination as to Indemnitee’s entitlement to indemnification), and the Company hereby indemnifies and agrees to hold Indemnitee harmless therefrom.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: As of the Effective Date, the terms of this Agreement and the other agreements and instruments contemplated hereby or referred to herein are intended by the parties to be the final expression of their agreement with respect to the employment of the Executive by the Company and may not be contradicted by evidence of (and supersede) any prior or contemporaneous agreement (including without limitation any term sheet or similar agreement entered into between the Company and the Executive). The parties further intend that this Agreement shall constitute the complete and exclusive statement of their terms and that no extrinsic evidence whatsoever may be introduced in any judicial, administrative, or other legal proceeding to vary the terms of this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Not in limitation of any of the Borrowers’ obligations under Section 12.2. or 12.9., each Borrower shall and hereby jointly and severally agrees to indemnify, defend and hold harmless the Administrative Agent, each Lender and each other Indemnified Party from and against any and all losses, costs, claims, damages, liabilities, deficiencies, judgments or expenses of every kind and nature (including, without limitation, amounts paid in settlement, court costs and the fees and disbursements of counsel incurred in connection with any litigation, investigation, claim or proceeding or any advice rendered in connection therewith) incurred by an Indemnified Party in connection with, arising out of, or by reason of, any Indemnity Proceeding which is in any way related directly or indirectly to the failure of any Person to pay any recording tax payable pursuant to N.Y. Tax Law, Ch. 60, Art. 11, Sec. 253 et seq. or other Applicable Laws of the State of New York or any political subdivision of such State.

assistant: Indemnity
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 U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 355 U.S. 2 78 S.Ct. 10 2 L.Ed.2d 19 Claude Mack LIGHTFOOT, petitioner,v.UNITED STATES of America. No. 4. Supreme Court of the United States October 14, 1957 Mr. John J. Abt, for petitioner. Solicitor General Rankin (Assistant Attorney General Tompkins, Messrs. Harold D. Koffsky and William F. O'Donnell, on the brief), for the United States. Mr. Barent Ten Eyck, for American Civil Liberties Union, as amicus curiae. On writ of certiorari to the United States Court of Appeals for the Seventh Circuit. PER CURIAM. 1 Upon consideration of the entire record and the confession of error by the Solicitor General, the judgment of the United States Court of Appeals for the Seventh Circuit is reversed. Jencks v. United States, 353 U.S. 657, 77 S.Ct. 1007, 1 L.Ed.2d 1103.

assistant: 1
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 any provision in this Sublease to the contrary, Sublessee shall not be responsible for any obligations, liabilities, damages, costs, expenses, losses or claims (including but not limited to fees and expenses of counsel to Sublessor or Landlord), whether known or unknown, now existing or arising in the future, arising out of or in connection with the operation of the Facility, the ownership (in fee simple or leasehold) of the Premises, leasing of the Facility or the Premises, violations of any applicable laws or other events to the extent arising as a result of events occurring and conditions existing prior to the Commencement Date with respect to the Facility or the Premises (each, a “Preexisting Event”). Sublessor and Landlord shall, jointly and severally, indemnify, defend and save harmless Sublessee and its successors and assigns (collectively, “Sublessee Indemnitees”) from and against any and all obligations, liabilities, damages, costs, expenses, losses or claims costs, expenses or losses (including fees and expenses of counsel) incurred by Sublessee Indemnitees arising out of or in connection with any Preexisting Event.

assistant: Indemnifications
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 sentences he negotiated with the State — concurrent sentences of forty years in prison, followed by ten years of sex offender probation. Resentencing was prompted by Farrar’s motion to correct an illegal sentence, in which he argued that the statute covering life felonies at the time of his offenses provided for a sentence of natural life or a term-of-years sentence not to exceed forty years. The State conceded error based on Ward v. State, 558 So.2d 166 (Fla. 1st DCA 1990). On resentenc-ing, the trial court accomplished the same sentencing goal by imposing a forty-year prison sentence on the first charge, and a consecutive ten-year prison sentence on the second charge. We affirm the sentences. See, e.g., Everett v. State, 824 So.2d 211 (Fla. 1st DCA 2002) (recognizing A 2007) (<HOLDING>). As such, the rule 3.800(b)(2) motion was Options: A. holding that a defendant waived an argument under section 2 610b by failing to raise it in the trial court B. holding that where trial counsel was not ineffective appellate counsel was not ineffective for failing to raise claim of ineffectiveness of trial counsel C. holding that constitutional claim that paternity suit should not be barred by statute of limitations is waived by failing to raise the issue before the trial court D. holding that the defendant waived an argument by failing to raise it in his appellants brief E. holding trial court properly denied relief under rule 3800b2 where defendant attempted to attack his convictions rather than his sentences with argument that defense counsel was ineffective for failing to advise him of or raise before the court meritorious statute of limitations defenses

assistant: The best answer is E. holding trial court properly denied relief under rule 3800b2 where defendant attempted to attack his convictions rather than his sentences with argument that defense counsel was ineffective for failing to advise him of or raise before the court meritorious statute of limitations defenses
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: From time to time after the Closing and without further consideration, Sellers and Representative, upon the reasonable request of Buyer, will execute and deliver such documents and instruments of conveyance and transfer as Buyer may reasonably request in order to consummate more effectively the purchase and sale of the Shares as contemplated hereby, and to vest in Buyer title to the Shares free and clear of all Liens.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: based upon legally sufficient evidence. To the extent that Moye is claiming that the verdicts were against the “weight of the evidence” under People v. Bleakley, 69 N.Y.2d 490, 495, 515 N.Y.S.2d 761, 508 N.E.2d 672 (N.Y.1987) (citations omitted), such an argument raised only-issues of New York state law and accordingly cannot provide a basis for habeas relief, 28 U.S.C. § 2254(a) (permitting federal habeas corpus review only where the petitioner has alleged that he is in state custody in violation of “the Constitution or a federal law or treaty”). Federal courts routinely dismiss claims attacking a verdict as against the weight of the evidence on the basis that they are not federal constitutional issues cognizable in a habeas proceeding. Ex parte Craig, 282 F. 138, 148 (2d Cir.1922) (<HOLDING>), aff'd, 263 U.S. 255, 44 S.Ct. 103, 68 L.Ed. Options: A. holding that a writ of habeas corpus cannot be used to review the weight of evidence B. holding that a petition for review is an adequate substitute for habeas corpus C. holding that threeyear statute of limitations was not an unconstitutional suspension of the writ of habeas corpus D. holding a court cannot issue and make returnable to it a writ of habeas corpus if the petitioner is outside the courts authority E. holding that managing conservator while in texas to seek return of child by writ of habeas corpus may not be served with civil process and is subject to jurisdiction of court in which habeas corpus is pending and only for purpose of prosecuting writ of habeas corpus

assistant: The best answer is A. holding that a writ of habeas corpus cannot be used to review the weight 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: she “often” had “[djeficieneies of [e]oneentration, [persistence or [p]aee, resulting in [fjailure to [cjomplete [tjasks in a[t]imely [mjanner.” App. Vol. II, at 33. Ms. Nixon contends that, in his RFC assessment, the ALJ should have included these nonexertional limitations imposed by Ms. Nixon’s mental impairment and that his RFC is, therefore, deficient and not supported by substantial evidence. We disagree. The ALJ’s RFC assessment included the limitation that it was impossible for Ms. Nixon to perform tasks requiring understanding, remembering, or carrying out more than simple instructions. These limitations in the ALJ’s RFC assessment adequately account for Ms. Nixon’s deficiencies in concentration, persistence, and pace. See Howard v. Massanari, 255 F.3d 577, 582 (8th Cir.2001) (<HOLDING>). We conclude the ALJ’s assessment of her RFC Options: A. holding that words which expressly refer to adequate legal description provide nucleus of description that is legally sufficient for statute of frauds B. holding that description of claimant as capable of doing simple repetitive jobs adequately accounted for deficiencies of concentration persistence or pace C. holding that a written description analysis occurs as of the filing date sought D. holding that description was sufficiently detailed E. holding in the context of a conveyance that it is only when a description is manifestly too meager imperfect or uncertain to serve as adequate means of identification that the court can adjudge the description insufficient as a matter of law punctuation omitted

assistant: The best answer is B. holding that description of claimant as capable of doing simple repetitive jobs adequately accounted for deficiencies of concentration persistence or pace
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 DSUs shall vest in full on April 28, 2018; provided that the Grantee continues to serve as a Non-Employee Director with the Company through such date; provided, however, that the DSUs will not be settled until the Non-Employee Director’s separation from service with the Company. In the event the Grantee ceases to be a Non-Employee Director for any reason before April 28, 2018 other than as described in Sections 4 and 7, a number of the DSUs (rounded up to the nearest whole number) awarded to the Grantee shall become vested on a pro rata basis equal to the total number of DSUs granted on the Award Date, multiplied by a fraction the numerator of which is equal to the number of full months that have elapsed from the Award Date and the denominator of which is 12, and any remaining portion of the DSUs shall be forfeited and, the vested DSUs shall be settled as described in Section 9 below.

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: ‘due process of law.’ ” Hill v. Borough of Kutztown, 455 F.3d 225, 233-34 (3d Cir. 2006). “The fundamental requirement of due process is the opportunity to be heard at a meaningful time and in a meaningful manner.” Mathews v. Eldridge, 424 U.S. 319, 333-35, 96 S.Ct. 893, 47 L.Ed.2d 18 (1976) (quotation omitted) (setting forth the test for determining whether a • procedure meets the minimum requirements of due process). In the context of traffic ticket enforcement and adjudication, procedures substantially similar to Philadelphia’s—which provides ample notice and multiple opportunities for both administrative agency and state court review of disputed parking violations—satisfy the requirements of due process. See Van Harken v. City of Chicago, 103 F.3d 1346, 1351-53 (7th Cir. 1997) (<HOLDING>); Gardner v. City of Columbus, 841 F.2d 1272, Options: A. holding that we consider issues not raised at administrative level waived B. holding petitioner may not introduce on appeal issues that were not presented to or considered at the administrative level C. holding that chicagos system whichprovided only one level of administrative hearing before appeal to the state courts was sufficient D. holding that where plaintiff fails to raise issue of timeliness of departments hearing at administrative level the issue is waived on appeal E. holding chicagos system for adjudicating parking violations satisfied due process

assistant: The best answer is C. holding that chicagos system whichprovided only one level of administrative hearing before appeal to the state courts was sufficient
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: names reduce[d] their ability to obtain satisfactory commercial affiliation by licensing agreements.” Id. at 459. Upon finding in favor of the golfers, however, the court in Palmer relied upon the defendant’s use of the golfers’ pictures and cited cases wherein recovery was permitted for an invasion of privacy where a picture of a famous person was used. Id. at 461 (“Where defendant sold lockets with removable photographs of plaintiff in each one, it was held that plaintiff-actress could recover for this invasion of her privacy.”) (emphasis added) (citing Lane v. F.W. Woolworth Co., 171 Misc. 66, 11 N.Y.S.2d 199 (S.Ct.1939)); (“Where defendant inserted pictures of plaintiffs, widely known baseball players, in containers of popcorn and chewing gum, recovery was permitted.” r.2005) (<HOLDING>); Newcombe v. Adolf Coors Co., 157 F.3d 686, Options: A. holding that the defendants use of players likenesses in parody trading cards violated the right of publicity B. holding that a cause of action on the theory of strict liability may be properly pled by alleging 1 the manufacturers relationship to the product in question 2 the unreasonably dangerous condition of the product and 3 the existence of a proximate causal connection between the condition of the product and the plaintiffs injury C. holding that the right of publicity is descendible D. recognizing protection against appropriation for the defendants advantage of the plaintiffs name or likeness E. holding that the defendants use of a models likeness in connection with the packaging and promotion of its hair care product violated the right of publicity

assistant: The best answer is E. holding that the defendants use of a models likeness in connection with the packaging and promotion of its hair care product violated the right of 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 legal provision and list the applicable contract clause categories. Provision: As of the date of this Agreement, there are no legal actions, suits, arbitrations or other legal, administrative or other governmental proceedings pending or to the knowledge of the Company threatened against or affecting the Company, or its properties, assets or business, which, if determined adversely to the Company, could have, individually or in the aggregate, a Company Material Adverse Effect or which in any manner challenges or seeks to prevent, enjoin, alter or delay the transactions contemplated by this Agreement. The Company is not in default with respect to any order, writ, judgment, injunction, decree, determination or award of any court or any governmental agency or instrumentality or arbitration authority.

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

user: (c) neither party shall, nor cause or permit their respective Representatives to, disclose to any person the existence or terms of this Agreement or that discussions or negotiations are taking or have taken place concerning the Possible Transaction, or any term, condition or other matter relating to the Possible Transaction (the information referred to in this clause (c), the “Transaction Information”).

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 case excerpt and choose the best holding from the options. Case excerpt: decisions, judgments, orders, and decrees entered by district courts in appeals to them from bankruptcy courts. The bankruptcy court held that the interests of the permanent investors were not part of the bankrupt estate and that the notes, deeds of trust and their proceeds should be delivered to Fireman’s Fund; it reserved judgment, however, on the nature of the interests of revolving investors. As the interests of the revolving investors and other issues remain to be decided, we must determine whether the decision of the lower court is final within the meaning of § 158(d). The Supreme Court has adopted a practical rather than a technical construction of the requirement of “finality”. Gillespie v. United States Steel Corp., 379 U.S. 148, 152, 85 S.Ct. 308, 311, 13 L.Ed.2d 199 (1964), (<HOLDING>). That a pragmatic approach to finality is Options: A. holding that criminal history consisting of five misdemeanor convictions was at best marginally significant in determining sentence for class a felony B. recognizing that the constitutional right to appeal must be given a practical construction C. holding that appellate jurisdiction is limited to the issues contained in the certificate of appealability D. holding that the practical effects of marginally final orders must be taken into account in determining appealability E. holding that the totality of the circumstancesthe whole picturemust be taken into account

assistant: The best answer is D. holding that the practical effects of marginally final orders must be taken into account in determining appealability
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: Stock Appreciation Rights are subject to the terms and conditions set forth in Article 5 and this Article 7 and Award Agreements governing Stock Appreciation Rights may contain such additional terms and conditions, not inconsistent with the express terms of the Plan, as the Committee deems desirable.

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: The headings used in this Note are for convenience and reference only and in no way define, limit, simplify or describe the scope or intent of this Note, and in no way effect or constitute a part of this Note.

assistant: Headings
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 may terminate the Executive’s employment at any time with or without Cause, subject to the provisions of this Section 7. The Executive may voluntarily terminate employment for any reason upon 30 days’ prior written notice to the Company or in accordance with the requirements of Section 7(d) in the event of a termination for Good Reason. Upon the Executive’s termination of employment for any reason, the Company shall pay the Executive (i) the Base Salary through the date of termination, (ii) any earned but unpaid Annual Bonus for any year preceding the year of termination, (iii) the value all accrued and unused vacation based on the Executive’s most recent level of Base Salary and (iv) any benefits accrued and due under any applicable benefit plans and programs of the Company (the “ Accrued Obligations ”).

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 case excerpt and choose the best holding from the options. Case excerpt: of action has four elements: (1) a legal duty owed by one person to another, (2) a breach of that duty, and (3) damages (4) proximately caused by the breach. D. Houston, Inc. v. Love, 92 S.W.3d 450, 454 (Tex.2002). In the context of the employer-employee relationship, a company has a duty (1) to provide rules for the safety of employees, and to warn them of reasonably foreseeable hazards; (2) to furnish reasonably safe machinery and equipment; (3) to furnish a reasonably safe place to work; and (4) to exercise ordinary care to select careful and competent fellow employees. Fort Worth Elevators Co. v. Russell, 123 Tex. 128, 135-36, 70 S.W.2d 397, 401 (1934); see also Kroger Co. v. Elwood, 197 S.W.3d 793, 794 (Tex.2006); Humble Sand & Gravel, Inc. v. Gomez, 146 S.W.3d 170, 186 n. 45 ) (<HOLDING>); Houser v. Smith, 968 S.W.2d 542, 544-45 Options: A. holding a business owes a duty to protect invitees from reasonably foreseeable harm by third persons B. holding that a residential landlord has no duty to protect invitees from foreseeable criminal acts C. holding that duty to protect from criminal acts does not arise in the absence of a foreseeable risk of harm D. recognizing cause of action for products liability in the absence of privity of contract in light of the foreseeable risk of harm caused by defective automobiles E. holding that a store owner has a duty to protect invitees from foreseeable criminal acts

assistant: The best answer is C. holding that duty to protect from criminal acts does not arise in the absence of a foreseeable risk of harm