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: the parties’ familiarity with the underlying facts and procedural history of the case. On appeal, Sims argues principally that (1) the district court improperly declined to apply safety-valve relief under 18 U.S.C. § 3553(f), (2) the district court erred in failing to ascertain how much of the cocaine base involved in the conspiracy offense was for personal use rather than distribution, and (3) his sentencing counsel was ineffective in failing to argue that the cocaine base involved in the offense was for personal use. We reject these arguments. Sims’s safety-valve argument is waived because Sims consistently declined the district court’s overtures at the sentencing proceedings to consider making a safety-valve proffer. See, e.g., United States v. Cuba, 955 F.2d 182, 187 (2d Cir. 1992) (<HOLDING>). At sentencing, Judge Hall explained that she Options: A. holding that if the government fails to object to the presentence report the district courts reliance on the report is reviewed for plain error B. holding that defendants failure to appeal the voluntariness of a plea constitutes waiver of the issue on subsequent appeal C. holding defendants failure to object to the drug quantity assessment in the presentence report at sentencing was a waiver of the issue on appeal D. holding that where the indictment charged drug quantity but drug quantity was not submitted to the jury the district court erred in using drug quantity to increase the penalty beyond the twentyyear maximum of 841b1c E. holding failure to object in timely fashion at trial results in waiver of issue for appeal

assistant: The best answer is C. holding defendants failure to object to the drug quantity assessment in the presentence report at sentencing was a waiver of the issue on appeal
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: In his first point of error, appellant argues that section 21.02 does not plainly dispense with a culpable mental state, that a culpable mental state is therefore required, and that the indictment in this case was fundamentally defective because it did not allege a culpable mental state. See Tex. Penal Code Ann. § 6.02(b) (West Supp. 2009). The acts of sexual abuse alleged in the indictment were violations of statutes that themselves require a culpable mental state. See id. § 21.11(a)(1), (c) (indecency with child), § 22.021(a)(1)(B) (aggravated sexual assault). Whether section 21.02 requires proof of any further culpable mental state, and how the applicable culpable mental state or states should be alleged in the charging instrument, are issues we do not address bec m.App.2010) (<HOLDING>). 3 . Aggravated kidnapping and burglary of a Options: A. holding that medical report was not material for brady purposes where report at best showed lack of vaginal penetration of sexual abuse victim penetration was not necessary for conviction of sexual abuse of a minor under iowa law B. holding that each subsection of penal code section 22021a1b creates separate offense C. holding that a jury instruction listing additional modes of sexual penetration than those listed in the information did not impermissibly amend the charge of sexual assault becausein part the added modes of sexual penetration did not change the applicable statute sentence or level of offense D. holding that charges submitting instances of penetration and contact occurring in the same transaction did not deprive the appellant of a unanimous verdict because all of the jurors who believed there was penetration necessarily also believed that antecedent contact had occurred E. holding that penetration of anus and penetration of sexual organ although found in same subsection of section 22021a1b are separate offenses

assistant: The best answer is E. holding that penetration of anus and penetration of sexual organ although found in same subsection of section 22021a1b are separate 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 legal provision and list the applicable contract clause categories. Provision: Landlord and Tenant each represents and warrants that it has not dealt with any broker, agent or other person (collectively, “ ”) in connection with the transaction reflected in this Sixth Amendment and that no Broker brought about this transaction, other than Transwestern RBJ. Landlord and Tenant each hereby agrees to indemnify and hold the other harmless from and against any claims by any Broker claiming a commission or other form of compensation by virtue of having dealt with Tenant or Landlord, as applicable, with regard to this Sixth Amendment.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as set forth in the SEC Documents, none of the officers or directors of the Company and, to the knowledge of the Company, none of the employees of the Company is presently a party to any transaction with the Company or any Subsidiary (other than for services as employees, officers and directors) that is required to be disclosed and is not disclosed, including any contract, agreement or other arrangement providing for the furnishing of services to or by, providing for rental of real or personal property to or from, or otherwise requiring payments to or from any officer, director or such employee or, to the knowledge of the Company, any entity in which any officer, director, or any such employee has a substantial interest or is an officer, director, trustee or partner, in each case in excess of $120,000, other than for (i) payment of salary or consulting fees for services rendered, (ii) reimbursement for expenses incurred on behalf of the Company and (iii) other employee benefits, including stock option agreements under any equity incentive plan of the Company.

assistant: Transactions With Affiliates
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: "declared invalid by a state tribunal authorized to make such determination." 114 S.Ct. at 2372. This is essentially what happened to Snyder when the Circuit Court expunged his record after determining that he had been unjustly convicted and fully pardoned. Va.Code § 19.2-392.2(A)(3), (E). 38 . Although, as Justice Souter recognized, there are no federal judicial remedies for a person wrongly convicted in state court who is no longer in custody, there are such remedies in state law. A writ of coram nobis is one example of the state-law judicial processes by which a convicted person may challenge his conviction or sentence after being released from custody. See supra note 32; Lowery v. McCaughtry, 954 F.2d 422, 423 (7th Cir.), cert. denied, — U.S. -, 113 S.Ct. 104, 121 L.Ed.2d 63 (1992) (<HOLDING>); Theriault v. Mississippi, 390 F.2d 657 (5th Options: A. holding that federal court may not issue writ of coram nobis for state prisoner B. holding that coram nobis may not issue when alternative remedies such as habeas corpus are available C. holding same for writ of error coram nobis D. holding that rule 4as time limits govern an appeal from a district court order granting or denying a petition for a writ of error coram nobis E. holding that despite 2255 the writ of coram nobis is available to federal defendants after they are released from custody to correct fundamentally unjust federal sentences

assistant: The best answer is A. holding that federal court may not issue writ of coram nobis for state prisoner
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 ALL MATERS ARISING OUT OF OR RELATING TO THIS AGREEMENT, AND ALL RELATED AGREEMENTS AND DOCUMENTS, SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE SUBSTANTIVE LAWS OF THE STATE OF FLORIDA. THE PROVISIONS OF THIS AGREEMENT AND ALL OTHER AGREEMENTS AND DOCUMENTS REFERRED TO HEREIN ARE TO BE DEEMED SEVERABLE, AND THE INVALIDITY OR UNENFORCEABILITY OF ANY PROVISION SHALL NOT AFFECT OR IMPAIR THE REMAINING PROVISIONS WHICH SHALL CONTINUE IN FULL FORCE AND EFFECT.

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 Lenders and the Administrative Agent shall have received all fees required to be paid, and all expenses required to be reimbursed for which invoices have been presented (including the reasonable fees and expenses of legal counsel), on or before the Effective Date. All such amounts will be paid with proceeds of Loans made on the Effective Date and will be reflected in the funding instructions given by the Borrower to the Administrative Agent on or before the Effective Date.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: as a claimant in this action and submitted to this Court’s in rem jurisdiction. It is not unreasonable to subject her to this Court’s in personam jurisdiction to resolve the same issues. In United States v. All Right, Title and Interest in the Contents of the Following Accounts at Morgan Guaranty Trust Co. of New York, No. 95 CIV. 10929 HB THK, 1996 WL 695671 (S.D.N.Y. Dec.5, 1996), the court considered the reasonableness of allowing cross-claims, based on in personam jurisdiction, to be asserted along with civil forfeiture claims. The court concluded that it would be “unfair to subject a claimant in an in rem proceeding to in personam liability without satisfying [the] fundamental prerequisites” of personal jurisdiction. I o. 3034504504 & 14407143, 971 F.2d 974, 980 (3d Cir.1992) (<HOLDING>). The court does conclude, however, that the Options: A. holding that a claimant submits to personal jurisdiction by appearing in an in rem civil forfeiture action B. holding that a 881 forfeiture proceeding is a civil in rem action that is independent of any factually related criminal actions C. holding the claimant does not consent to personal jurisdiction by appearing in in rem action D. holding that where prior state court had in rem jurisdiction district court could maintain in personam jurisdiction and simply deny requests for conflicting in rem relief because district court is fully capable of preventing inappropriate conversion of the suit to a proceeding truly in rem E. holding that a party cannot waive in rem jurisdiction under florida law and a court proceeding pursuant to in rem jurisdiction must actually possess in rem jurisdiction over the property that is the subject of the matter

assistant: The best answer is A. holding that a claimant submits to personal jurisdiction by appearing in an in rem civil forfeiture action
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: a diversion process or go to juvenile court. Dated_ Dated_ Parent or Guardian (optional) Juvenile The above statement was read to the juvenile and signed by the juvenile on the date indicated. Representative of Diversion Unit” 3 State v. Ammons, 105 Wn.2d 175, 188, 713 P.2d 719, 718 P.2d 796 (stating a defendant generally has no right to contest a prior conviction at a subsequent sentencing), cert. denied, 479 U.S. 930 (1986). 4 Faretta v. California, 422 U.S. 806, 835, 95 S. Ct. 2525, 45 L. Ed. 2d 562 (1975) (requiring that before a defendant knowingly and intelligently waives the right to counsel and represents himself pro se, “he should be made aware of the dangers and disadvantages of self-representation”); In re Gault, 387 U.S. 1, 41-42, 87 S. Ct. 1428, 18 L. Ed. 2d 527 (1967) (<HOLDING>); City of Bellevue v. Acrey, 103 Wn.2d 203, Options: A. holding that a parents statutory right to counsel in termination proceedings guarantees the right to effective counsel B. holding that juvenile and his parents must be advised of the right to counsel in juvenile proceedings and the mothers knowledge that she could employ counsel was not an intentional relinquishment or abandonment of a fully known right C. holding that defendants have a right to counsel in criminal proceedings D. recognizing juveniles right to counsel in certain juvenile proceedings E. recognizing that a criminal defendants right to counsel is the right to the effective assistance of counsel

assistant: The best answer is B. holding that juvenile and his parents must be advised of the right to counsel in juvenile proceedings and the mothers knowledge that she could employ counsel was not an intentional relinquishment or abandonment of a fully known right
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: Seller is a corporation duly incorporated, validly existing and in good standing under the laws of the State of Michigan. Seller has all requisite corporate power and authority to enter into, and perform its obligations under, this Agreement and the Transaction Documents to which it is a party. The execution and delivery by Seller of this Agreement and each Transaction Document to which it is a party, and the performance by Seller of its obligations hereunder and thereunder, have been duly authorized by all requisite corporate action on the part of Seller. This Agreement has been, and each Transaction Document to which Seller is a party upon the execution and delivery by Seller thereof will be, duly executed and delivered by Seller and (assuming the valid authorization, execution and delivery of this Agreement by Buyer and of the Transaction Documents by each other party thereto) constitutes a valid and binding obligation of Seller enforceable against Seller in accordance with its terms, except to the extent such enforceability may be limited by bankruptcy, insolvency, reorganization, fraudulent conveyance, moratorium or other similar laws relating to or affecting creditors’ rights generally and by general principles of equity (regardless of whether enforcement is considered in a proceeding in equity or at law).

assistant: Approvals
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: are at issue. See Rodwell v Forrest, unpublished opinion per curiam of the Court of Appeals, issued May 25, 2010 (Docket No. 289038). Setting aside that Rodwell has no precedential value, MCR 7.215(C)(1), central to Rodwell’s holding was that governmental immunity cannot provide a shield from constitutional tort liability. Rodwell, unpub op at 5. No doubt that is the case. See Co Rd Ass’n of Mich v Governor, 287 Mich App 95, 121; 782 NW2d 784 (2010). But that proposition is not at issue here, as the statutory notice requirement of § 6431 does not preclude plaintiff from suing for a violation of Article 1, § 16, it just contains a procedural mechanism for bringing such a claim. 4 See Sault Ste Marie City Comm v Sault Ste Marie City Attorney, 313 Mich 644, 654, 659; 21 NW2d 906 (1946) (<HOLDING>). 5 See Detroit v Oakland Circuit Judge, 237 Options: A. holding that no reasonable expectation of privacy in utility records exists under alaska constitution B. holding that because the due process clause in the federal constitution is applicable to the states under the fourteenth amendment the right is also guaranteed to defendants pursuant to the identical provision in article i section 5 of the hawaii constitution C. holding that article 8 24 of the 1908 constitution authorizing a city or village to issue bonds under certain conditions to acquire or operate a public utility is not selfexecuting D. holding that there is no reasonable expectation of privacy in utility records under either state or federal constitution E. holding that to the extent the constitutional provision permitting cities to acquire parks without their corporate limits comprehends the right of acquisition by eminent domain see 1908 const art 8 22 the provision is not selfexecuting as it merely lays down a general principle

assistant: The best answer is C. holding that article 8 24 of the 1908 constitution authorizing a city or village to issue bonds under certain conditions to acquire or operate a public utility is not selfexecuting
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: review. 2 . The record is inconsistent as to who placed the documents in the sealed envelope. In his March 16 letter to Target’s outside counsel Jeffrey D. Wohl ("Wohl”), Clayton Halunen wrote, "we had [Doe] remove ... any documents which involved any in house or outside counsel. These documents were then immediately placed into an envelope.” Halunen Decl., Ex. E. However, Thome and Doe aver Thome reviewed the documents and placed those she believed may be privileged into the sealed envelope. Thome Decl. ¶ 17; Doe Aff. ¶ 15. 3 . At this time, the Halunen firm had not yet agreed to represent Gifford. 4 . The telephonic advisory opinion Halunen received from the Board is not binding on this Court. See In re Admonition Issued in Panel File No. 99-42, 621 N.W.2d 240, 244-45 (Minn.2001) (<HOLDING>). 5 . The Complaint and Amended Complaint Options: A. holding that advisory opinions of the minnesota lawyers professional responsibility board are not binding B. holding that decisions by prior panels are binding C. holding that stipulations involving questions of law are not binding on the court D. holding that nontreating physicians opinions are entitled to little weight when contradictory to treating physicians opinions and will not constitute substantial evidence standing alone E. holding that statements that employee was doing a good job are more akin to opinions than statements of fact and on this basis are not actionable in fraud and citing a state case as holding that neither opinions nor statement that are general and indefinite are representations of fact giving rise to a misrepresentation claim

assistant: The best answer is A. holding that advisory opinions of the minnesota lawyers professional responsibility board are not binding
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: Florida Action The majority opinion holds that for an insurer to be bound by a judgment in an action between its insured and an uninsured motorist, all that is required is that the insurer be served with a copy of the summons and complaint, and that it is not necessary for the insurer to be a party to the action. In construing a statute, this Court is required to look at the entire statute, and construe it in pari materia, giving effect, if possible, to all provisions contained in the statute. Rhyne v. K-Mart Corp., 358 N.C. 160, 188, 594 S.E.2d 1, 20 (2004) (noting that “this Court does not read segments of a statute in isolation. Rather, we construe statutes in pari materia giving effect, if possible, to every provision.”); State v. Tew, 326 N.C. 732, 739, 392 S.E.2d 603, 607 (1990) (<HOLDING>). The second sentence of N.C. Gen. Stat. § Options: A. holding that statutes dealing with same subject matter should be construed with reference to each other as parts of one system B. holding the same C. holding that a statute should not be construed so as to invalidate other parts of the same statute D. holding that a statute should where possible be construed according to its plain meaning and as a whole giving meaning to all its parts E. holding that all parts of the same statute dealing with the same subject are to be construed together as a whole and individual expressions be accorded only that meaning which other modifying provisions and the clear intent and purpose of the act will permit internal citations omitted

assistant: The best answer is E. holding that all parts of the same statute dealing with the same subject are to be construed together as a whole and individual expressions be accorded only that meaning which other modifying provisions and the clear intent and purpose of the act will permit 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 legal provision and list the applicable contract clause categories. Provision: The parties recognize that irreparable injury will result from a breach of any provision of this Agreement and that money damages would be inadequate to fully remedy the injury. Accordingly, in the event of a breach or threatened breach of one or more of the provisions of this Agreement, any party that may be injured (in addition to any other remedies that may be available to that party) shall be entitled (without the need to post any bond, surety, or other security) to one or more preliminary or permanent orders (a) restraining and enjoining any act that would constitute a breach or (b) compelling the performance of any obligation that, if not performed, would constitute a breach.

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 case excerpt and choose the best holding from the options. Case excerpt: briefs at 36-37. However, this , statute “does not overrule the long line of cases in our Supreme Court which hold that a slander per se is actionable without proof of special damage.” Walker v. Grand Cent. Sanitation, Inc., 430 Pa.Super. 236, 634 A.2d 237, 242 (1993) (adopting Restatement of Torts as applicable law regarding defamation per se). Under the Restatement (Second) of Torts,, defamation per se occurs when the statement ascribes to the plaintiff any of the following: commission of a criminal offense, a loathsome disease, serious sexual misconduct, or conduct or characteristics that adversely affect the plaintiffs fitness to properly conduct his profession, trade or business. Restatement (Second) of Torts § 570. See Livingston v. Murray, 417 Pa.Super. 202, 612 A.2d 443 (1992) (<HOLDING>). As we delineated in Kurowski v. Burroughs, Options: A. holding that the elements of a claim under 3729a2 are 1 that the defendant made used or caused to be made or used a record or statement to get a claim against the united states paid or approved 2 the record or statement and the claim were false or fraudulent and 3 the defendant knew that the record or statement and the claim were false or fraudulent emphasis added B. holding that attorneys claim for professional services against person sui juris or against property of such person must rest upon contract of employment express or implied made with person sought to be charged or with his agent C. holding that merely declining to rehire a person did not constitute defamation for deprivation of liberty interest purposes absent any charges against the good name or reputation of that person D. holding a person is not an accomplice if the person knew about the offense and failed to disclose it or helped the accused conceal it E. holding a statement defamatory if it blackens or injures a person in his business or professional reputation

assistant: The best answer is E. holding a statement defamatory if it blackens or injures a person in his business or professional reputation
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 Grantor hereby assigns to the Agent (for the benefit of the Finance Parties), and hereby grants to the Agent (for the benefit of the Finance Parties) a security interest in, all of the Grantor’s right, title and interest in and to the following (collectively, the “ Collateral ”): each of the agreements listed on Schedule I hereto, as such agreements may be amended, amended and restated, supplemented or otherwise modified from time to time (collectively, the “ Assigned Agreements ”), and, to the extent permitted under applicable law, the Lending Orders, including, without limitation, (i) all rights of the Grantor to receive moneys due and to become due under or pursuant to the Assigned Agreements and the Lending Orders, (ii) all rights of the Grantor to receive proceeds of any insurance, indemnity, warranty or guaranty with respect to the Assigned Agreements and the Lending Orders, (iii) all claims of the Grantor for damages arising out of or for breach of or default under the Assigned Agreements and the Lending Orders, (iv) the right of the Grantor to terminate the Assigned Agreements, to perform thereunder and to compel performance and otherwise exercise all remedies thereunder, including, without limitation, all rights to enforce and exercise remedies with respect to any and all liens and security interests granted in favor of the Grantor pursuant to any Assigned Agreement or any Lending Order, (v) the Super-Priority Claim and first priority liens granted pursuant to the Lending Orders and (vi) all proceeds, collections, recoveries and rights of subrogation with respect to any and all of the foregoing Collateral, in each case to the extent permitted under applicable law.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: involving discretionary relief, extreme hardship is not a definable term of fixed and inflexible meaning, and the elements to establish extreme hardship are dependent upon the facts and circumstances of each case.” (emphases added)); Okpa v. INS, 266 F.3d 313, 317 (4th Cir.2001) (“The question of whether an alien can show extreme hardship [under 8 U.S.C. § 1182(i)(1) ] is committed to the Attorney General’s discretion by statute.”). Because such “discretionary and factual de terminations” fall outside the scope of the jurisdiction-restoring provision of 8 U.S.C. § 1252(a)(2)(D), see Xiao Ji Chen, 434 F.3d at 154, our review of Zhang’s claim remains precluded by the jurisdictional bar established at 8 U.S.C. § 1252(a)(2)(B)(i). See Elysee v. Gonzales, 437 F.3d 221, 223-24 (1st Cir.2006) (<HOLDING>). Accordingly, for the reasons stated here and Options: A. recognizing that the bia must defer to the factual findings of the ij unless they are clearly erroneous B. holding substantial evidence supported the denial of cat relief where the petitioners cat claim was based on the same testimony the ij found not credible and the petitioner pointed to no other evidence that the ij should have considered C. holding that a petitioners argument that the ij and the bia applied an incorrect legal standard by focusing on the present circumstances of the petitioners children rather than on the future hardships they would face upon his remov al raised a reviewable legal question but finding that the record established that the ij and the bia properly addressed those hardships D. holding that we could not review an aliens colorable due process claim that an ij was not impartial because the alien raised the claim for the first time on appeal E. holding that the petitioners claim inter alia that the ij completely disregarded relevant hardships did not raise even a colorable constitutional claim or question of law because the petitioner merely attacked the factual findings made and the balancing of factors engaged in by the ij

assistant: The best answer is E. holding that the petitioners claim inter alia that the ij completely disregarded relevant hardships did not raise even a colorable constitutional claim or question of law because the petitioner merely attacked the factual findings made and the balancing of factors engaged in by the ij
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: consider the “against any consumer” language in the FDCPA venue provision at all, and Adkins considered it in the context of an entirely different state statutory scheme. See Smith, 887 F.Supp.2d at 339. Furthermore, if we were to interpret the FDCPA venue provision as Fox and Adkins do, it would be impossible for a debt collector to enforce a prior judgment through trustee process in Massachusetts unless the judgment debtor happened to reside or to have signed the underlying contract in the same county in which the trustee had a usual place of business. See Smith, 887 F.Supp.2d at 340. We do not read the FDCPA as mandating such a strange result. We turn, finally, to the defendants-appellees’ request for fees P.A., No. 2:1 1-cv-00619, 2012 WL 604249, at *4-7 (S.D.Ohio Feb. 24, 2012) (<HOLDING>). 2 . An order approving trustee process can Options: A. holding that a garnishment proceeding is an action against the consumer B. holding that a writ of execution under new jersey law is not an action against the consumer C. holding that garnishment is a distinct civil action D. holding that where an action is brought by the debtors at the initial proceeding the appeal of that action is not a continuing proceeding against the debtors E. holding that garnishment of wages is a deprivation

assistant: The best answer is A. holding that a garnishment proceeding is an action against the consumer
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 bag. He separated appellants and advised each of them of the reason for the stop and of their “Miranda rights.” He did not then handcuff appellants or advise them that they were under arrest. As Herderich completed his search for weapons, Sergeant Puls arrived and took charge of the investigation. Herderich advised him of the bank bag located under the front seat. Puls then obtained consent from Pogliano to search the automobile. Puls searched the front passenger compartment of the automobile and found and seized a tubular lockpick from the center of the front seat. Both appellants were then advised that they were under arrest, and they were handcuffed. Puls continued the search of the automobile and seized a blue notebook (containing some type of numeri cal code), a paper cup (<HOLDING>), and the bank bag with contents from under the Options: A. holding that a prior state judgment of conviction for burglary was ambiguous because it encompassed some conduct which constituted a crime of violence and some which did not B. holding several rolls of coins and some loose coins C. holding that several coercive statements made in combination required reversal D. holding that delay of several hours after the vehicle was seized was reasonable E. holding that one agreement cannot be taken to be several agreements and therefore several conspiracies because the agreement envisages the violation of several statutes rather than one

assistant: The best answer is B. holding several rolls of coins and some loose coins
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: to provide adequate notice of the procedures for reclaiming property. In City of West Covina v. Perkins, for example, the Supreme Court held that although government agents must give notice to property owners that their property has been taken “so that the owner[s] can pursue available remedies for [the] return” of their property, individualized notice of the remedies for return is not required where those remedies are “established by published, generally available state statutes and case law.” 525 U.S. at 240-41, 119 S.Ct. 678. The Court held that property owners can turn to these readily available “public sources” for specific instructions on how to reclaim their property. Id. at 241, 119 S.Ct. 678; see also Reetz v. Michigan, 188 U.S. 505, 509, 23 S.Ct. 390, 47 L.Ed. 563 (1903) (<HOLDING>). However, the principle of legislative notice Options: A. holding that the district court was authorized to remand the proceedings to the board where the board failed to make required findings B. holding that notice to counsel may be waived C. holding that a town board could prevent an elected member from speaking at a town meeting where the board member could not identify any topic of discussion he was prevented from exploring during the meeting of the board to discuss the same issues where he was given ample time to speak D. holding that when a statute clearly fixes the time and place of meeting of a permitting board or tribunal additional notice to persons wishing to attain a permit may not be required E. recognizing requirement that state personnel board be a fair and impartial tribunal

assistant: The best answer is D. holding that when a statute clearly fixes the time and place of meeting of a permitting board or tribunal additional notice to persons wishing to attain a permit may not be required
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: During the period you are employed by OvaScience, Limited, you will be eligible to participant in any and all benefit programs that OvaScience, Limited establishes and makes available to its employees from time to time, provided you meet the specific eligibility criteria as set forth in (and subject to all provisions of) the plan documents governing those programs. Once your employment is transferred to the Company, you will be eligible to participate in any and all benefit programs that the Company establishes and makes available to its employees from time to time, provided you meet the specific eligibility criteria as set forth in (and subject to all provisions of) the plan documents governing those programs, provided that your service with OvaScience, Limited shall be credited as service with the Company for purposes of meeting eligibility requirements. The benefits made available by the Company, and the rules, terms and conditions for participation in such benefit plans, may be changed by the Company at any time and from time to time without advance notice.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Committee may terminate the Plan and pay Participants and Beneficiaries their Account Balances in a single lump sum at any time, to the extent and in accordance with Treas. Reg. Section 1.409A-3(j)(4)(ix). If a Participating Employer terminates its participation in the Plan, the benefits of affected Employees shall be paid at the time provided in Article VI.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: the contents , including without limitation commentary , blogs , news feeds and advice , of the website do not constitute advice and should not be relied upon in making or refraining from making any decision .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Parties agree that worldwide and for a 12-month period hereafter, they will not disparage the other Party, any products, services, or operations of the other Party, or any of the former, current, or future officers, directors, or employees of the other Party. This clause shall not apply on occasions when a party is subpoenaed or ordered by a court or other governmental authority to testify or give evidence and must, of course, respond truthfully, to conduct otherwise protected by law, or to conduct or testimony in the context of enforcing the terms of this Agreement or other rights, powers, privileges, or claims not released by this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each Party acknowledges and agrees that the provisions on confidentiality set forth in Section 6.9 of the Separation Agreement shall be incorporated into this Agreement by reference. The Parties further agree that confidential information shall also include any other confidential information or data received in the course of providing or receiving any Transition Services.

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 case excerpt and choose the best holding from the options. Case excerpt: while subject to a court order restricting his behavior towards the victim) on the ground that he never received formal notice of the PFA order. The Commonwealth concludes that appellate counsel’s strategy of winnowing out the meritless • claims had no adverse impact on the outcome of the appeal. We agree with the Commonwealth that Appellant is not entitled to relief as he has failed to demonstrate any prong of the Pierce standard as it relates to appellate counsel’s performance in failing to preserve the enumerated eleven issues. First, Appellant includes ho substantive legal analysis of the underlying claims and, thus, has failed to demonstrate that the claims of appellate counsel ineffectiveness were of arguable merit. Commonwealth v. Paddy, 609 Pa. 272, 15 A.3d 431, 443 (2011) (<HOLDING>). Further, Appellant fails to demonstrate the Options: A. holding that derivative ineffectiveness claims are distinct sixth amendment claims albeit they may fail on the arguable merit or prejudice prong for the reasons discussed on direct appeal B. holding that if the petitioner cannot prove the arguable merit of underlying claim the derivative claim of appellate counsel ineffectiveness of necessity must fail C. holding that where trial counsel was not ineffective appellate counsel was not ineffective for failing to raise claim of ineffectiveness of trial counsel D. holding that the appellate standard of review of ineffectiveness claim is de novo E. holding that ineffectiveness claims raised in a pcra petition are distinct from those claims raised on direct appeal and must be reviewed under the threeprong test of pierce but recognizing that in many instances the claim may ultimately fail on the arguable merit or prejudice prong for the reasons discussed on direct appeal

assistant: The best answer is B. holding that if the petitioner cannot prove the arguable merit of underlying claim the derivative claim of appellate counsel ineffectiveness of necessity must fail
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: Executive shall be entitled to paid vacation time of not less than 20 business days for each calendar year of the Employment Period (prorated for any partial year, based on a fraction, the numerator of which shall be the number of days employed in such partial year and the denominator of which shall be 365 (or 366 in a leap year)). Executive shall also be entitled to all paid holidays and to reasonable personal and sick leave in accordance with the policies of the Corporation applicable to its executive management. Unused vacation and personal and/or sick leave may not be carried over by Executive from one calendar year to the next, except as otherwise provided in the policies of the Corporation applicable to its executive management. Notwithstanding the foregoing, such vacation, holidays, and personal and/or sick leave shall not accrue as a monetary liability of the Corporation.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: During the Term, the Company shall pay to the Executive a base salary (the “ Base Salary ”) at the rate of no less than $425,000.00 per calendar year, less applicable deductions. The Base Salary shall be reviewed for increase by the Board no less frequently than annually and shall be increased in the discretion of the Board and any such adjusted Base Salary shall constitute the “Base Salary” for purposes of this Agreement. The Base Salary shall be paid in substantially equal installments in accordance with the Company’s regular payroll procedures.

assistant: Base Salary
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 Transaction Documents,contain the entire understanding of the parties with respect to the subject matter hereof and supersede all prior agreements and understandings, oral or written, with respect to such matters, which the parties acknowledge have been merged into such documents, exhibits and schedules.

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: On the Funding Date, subject to receipt by Borrower of a reasonably detailed invoice and receipt by Borrower of such other information supporting such invoice as may be reasonably requested by Borrower, Borrower shall pay in full all of the Lenders’ reasonable professional costs and fees incurred in relation to the Term Loan, including, without limitation, in connection with the due diligence related to, and the preparation, negotiation, documentation and court approval of the Letter of Intent, this Agreement, the other Financing Documents, the Breakup Fee Order, and the Financing Order, which amounts shall (i) be deducted from the proceeds of the Term Loan funded on the Funding Date and (ii) not reduce the amount of the Term Loan or the Obligations; provided, however, for the avoidance of doubt the defined term “Obligations” as used in this Section does not include the professional costs and fees deducted from the proceeds of the Term Loan pursuant to clause (i).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: FIS is a validly existing corporation under the laws of Italy; the execution, delivery and performance of this Agreement by FIS (where applicable) has been duly authorized by all requisite corporate action; this Agreement constitutes the legal, valid and binding obligation of FIS, enforceable against FIS in accordance with the terms hereof; and the execution, delivery and performance of this Agreement by FIS will not violate or conflict with any other agreement or instrument to which FIS is a Party.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Bac-A v. West, 13 Vet.App. 308, 311 (2000) (providing that even prior to the Court’s clarification of the caselaw governing compliance with Board remands, “there was ample regulatory language and case law requiring the Board to assure that its adjudication was undertaken only after the compilation of an adequate record”). Additionally, the Secretary has not demonstrated how the manner in which the Court reviews the Board’s findings of fact is in any way relevant to the Board’s responsibility to ensure that the Secretary carries out his obligation to assist the veteran in processing his claim, to return a medical opinion where it is inadequate, and provide an adequate statement supported by a reasonable basis in both fact and in law. See Pierce, 487 U.S. at 565, 108 S.Ct. 2541 (<HOLDING>); Douglas v. Shinseki, 23 Vet.App. 19, 26 Options: A. holding that the governments position must be justified to a degree that could satisfy a reasonable person and have a reasonable basis in both law and fact citations omitted B. holding that congress did not want the substantially justified standard to be read to raise a presumption that the government position was not substantially justified simply because it lost the case citations omitted C. holding that given creditors pro se status the complaint was substantially justified as it had a reasonable basis in fact and law and it would be unjust to penalize her for having only a lay persons knowledge of the law D. holding that the governments position must have a reasonable basis in both law and fact citations omitted E. holding that for the administrative position of the government to be substantially justified it must have a reasonable basis both in law and fact

assistant: The best answer is E. holding that for the administrative position of the government to be substantially justified it must have a reasonable basis both in law and fact