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: definition was first approved by the Supreme Court in 1907, Victor, supra, at 9, 114 S.Ct. 1239 (citing Perovich v. United States, 205 U.S. 86, 92, 27 S.Ct. 456, 51 L.Ed. 722 (1907), and widely adopted by state courts, although it later met with criticism in various states. Id. at 9, 114 S.Ct. 1239 (citing) People v. Brigham, 25 Cal.3d 283, 157 Cal.Rptr. 905, 599 P.2d 100, 106-121 (1979)). Nevertheless, the jury instruction at issue in Cage represents a clear break from the past insofar as the Court criticized one form of jury instruction in which “reasonable doubt” was defined, in part, as “moral certainty,” Cage, supra, at 41, and is retroactively appl ies the prejudice requirement for establishing federal habeas jurisdiction. Cf. Restrepo v. Kelly, 178 F.3d 634, 640-41 (2d Cir.1999) (<HOLDING>). As such, Mercer has satisfied both the cause Options: A. holding in context of sixth amendment ineffective assistance of counsel based on asserted failure of counsel to file appeal established prejudice per se for purpose of establishing habeas review jurisdiction as if proven such failure constitutes denial of a fundamental constitutional right B. holding that failure to file brief on appeal to bia constitutes ineffective assistance but affirming the denial of habeas because petitioner could not show prejudice C. holding that an attorneys conflict of interest gives rise to a claim of ineffective assistance of counsel under the sixth amendment and establishes prejudice per se D. recognizing a constitutional claim for ineffective assistance of counsel E. holding on appeal from a habeas corpus denial that counsel was not ineffective for failure to file a notice of appeal because of defendants escape

assistant: The best answer is A. holding in context of sixth amendment ineffective assistance of counsel based on asserted failure of counsel to file appeal established prejudice per se for purpose of establishing habeas review jurisdiction as if proven such failure constitutes denial of a fundamental constitutional 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: In addition to any rights to indemnification to which Officer is entitled to under Corporation’s Articles of Incorporation and Bylaws, Corporation shall indemnify Officer at all times during and after the term of this Agreement to the maximum extent permitted under Section 2-418 of the General Corporation Law of the State of Maryland or any successor provision thereof and any other applicable state law, and shall pay Officer’s expenses in defending any civil or criminal action, suit, or proceeding (unrelated to a dispute arising under this Agreement) in advance of the final disposition of such action, suit, or proceeding, to the maximum extent permitted under such applicable state laws. The Corporation will provide advance payment of legal costs and expenses that are reasonable and appropriate for defending such action, suit or proceeding. The indemnification provisions contained in this Section 8.12 shall survive the termination of this Agreement and Officer’s employment by Corporation indefinitely.

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 legal provision and list the applicable contract clause categories. Provision: The Operator shall not create, suffer or permit to exist, and shall promptly remove and discharge, any lien, charge, security interest or other encumbrance against any property of the Company or any monies due or to become due for any work performed or materials furnished to the Company in connection with this Operating Agreement other than liens for amounts not yet due or amounts being contested in good faith by the Operator or Operator Personnel; provided that it is expressly understood that the Operator shall not be responsible for removing or discharging any such lien, charge, security interest or other encumbrance associated with any work performed or materials furnished pursuant to agreements entered into by the Company or by the Operator (or Operator Personnel) directly with third parties.

assistant: Liens
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: meeting of creditors held under § 341(a) is concluded or within 30 days after any amendment to the list or supplemental schedules is filed, whichever is later.” If an objection is not filed in time, an interested party “cannot contest the exemption ... whether or not [the debtor] had a colorable statutory basis for claiming it.” Taylor v. Freeland & Kronz, 503 U.S. 638, 644, 112 S.Ct. 1644, 118 L.Ed.2d 280 (1992); see also Schwab, 560 U.S. at 775-76, 130 S.Ct. 2652 (“If an interested party fails to object within the time allowed, a claimed exemption will exclude the subject property from the estate even if the exemption’s value exceeds what the Code permits.”); In re Soares, 471 B.R. 20, 27 (Bankr.D.Ma WL 3808133, at *6, 2013 Bankr.LEXIS 2979, at *23-25 (Bankr.N.D.W.Va. July 21, 2013) (<HOLDING>). But cf. In re Dougan, 484 B.R. 529, 531 Options: A. holding act qualifies as exemption statute under exemption 3 B. holding that debtors cannot claim an exemption in a homestead after trustee avoided the transfer of the property as a fraudulent conveyance because the transfer by the debtors was voluntary C. holding that a debtors technically incorrect exemption in a wrongful death claim based on west virginias homestead exemption stands as claimed because the trustee did not object to the exemption in time D. holding one who claims tax exemption has burden of showing entitlement to exemption E. holding a debtors claim for loss of consortium to be entitled to an exemption under the oklahoma exemption statute and collecting other bankruptcy decisions recognizing a debtor spouses loss of consortium as the basis for allowing an exemption under federal and various state exemption statutes

assistant: The best answer is C. holding that a debtors technically incorrect exemption in a wrongful death claim based on west virginias homestead exemption stands as claimed because the trustee did not object to the exemption in time
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 husband specifically argues that the trial court’s judgment awarding the wife 20% of KRIP, LLC (“KRIP”), was in error because, he says, that corporation is governed by an operating agreement that prevents the transfer of any membership interest without the consent of the other members. The operating agreement of KRIP specifically provides: “No Membership Interest shall be Disposed of ...[,] whether voluntarily or involuntarily, by operation of law or otherwise, without the consent of all the remaining Members .... ” The husband testified that KRIP is owned by him and Ryan Smith, who is the managing member. Smith was not added pp.1999) (noting that “the Partnership Agreement governed Husband’s assignment to Wife”); Nilsen v. Hanson, 709 A.2d 1190, 1191 (Me.1998) (<HOLDING>); Castonguay v. Castonguay, 306 N.W.2d 143, Options: A. recognizing that in a divorce action one partys limited partnership interest could not be assigned to the other party without the consent of the general partner B. holding that a partnership agreement that contained prohibitions against the sale or assignment of a partners interest in the partnership without the others consent would be enforced C. holding a mechanic working in a garage owned by a partnership is an employee of the partnership not the individual partner D. holding one partner can not sic maintain an action at law against another partner to recover an amount claimed by him by reason of partnership transactions until there has been a final settlement of the affairs of the partnership E. holding that a partner who is without actual authority has no power to bind the partnership in a transaction that is not within the ordinary and apparent scope of the partnership business any person dealing with a partner can only rely on the partners acts if they are within the ordinary and apparent scope of the partnership business

assistant: The best answer is A. recognizing that in a divorce action one partys limited partnership interest could not be assigned to the other party without the consent of the general partner
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 is personal as to the Executive and accordingly, the Executive’s duties may not be assigned by the Executive. This Agreement may be assigned by the Company without the Executive’s consent to any entity which is a successor in interest to the Company’s business, provided such successor expressly assumes the Company’s obligations hereunder.

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: nonbreaching provisions of FIR-REA and other factors, caused its wounded bank damages. Def. Mot. at 64-65; Def. Reply at 84-88. Plaintiffs principal response as to causation is an argument that it need only show that the breach was a “substantial” causal factor, not the “sole” cause, in its wounded bank damages, and that it has made such a showing. Pl. Response at 88; see Energy Capital, 47 Fed.Cl. at 395 (“[T]he Court will require the Plaintiff to prove that the breach was a ‘substantial factor’ in causing its losses.”). The court finds that the “substantial factor” standard is appropriate. The court now considers whether plaintiff has furnished sufficient evidence to support a finding that the breach was, in fact, a substantial causal factor. Celotex, 477 U.S. at 322, 106 S.Ct. 2548 (<HOLDING>). In support of its claims of $130.1 million in Options: A. holding that it is clearly settled that where there is a failure to establish an essential element of the defamation cause of action the case becomes one of law for the court B. holding that the nonmovant must make a showing sufficient to establish the existence of an element essential to that partys case C. holding that to survive a motion for summary judgment a party must make a showing sufficient to establish the existence of an element essential to that partys case and on which that party will bear the burden of proof at trial D. holding that rule 56 mandates the entry of summary judgment after adequate time for discovery and upon motion against a party who fails to make a showing sufficient to establish the existence of an element essential to that partys case and on which that party will bear the burden of proof at trial E. holding that rule 56c requires summary judgment against a party who fails to make a showing sufficient to establish the existence of an element essential to that partys ease and on which that party will bear the burden of proof at trial

assistant: The best answer is B. holding that the nonmovant must make a showing sufficient to establish the existence of an element essential to that partys case
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 which the claim arises with such particularity that the defendant or claimant will be able, without moving for a more definite statement, to commence an investigation of the facts and to frame a responsive pleading.” Id. Rule E(2)(a). “If the conditions for an in rem action appear to exist, the court must issue an order directing the clerk to issue a warrant for the arrest of the vessel or other property that is the subject of the action.” Id. Rule C(3)(a)(ii)(A). It is well settled that claims for breach of charter and cargo damage give rise to maritime liens. See Rainbow Line, 480 F.2d at 1027 (“The American law is clear that there is a maritime lien for the breach of a charter party....”); RR Caribbean, Inc. v. Dredge “Jumby Bay”, 147 F.Supp.2d 378, 381 (D.Vi.2001) (<HOLDING>); Demsey & Assocs., Inc. v. S.S. Sea Star, 461 Options: A. recognizing a maritime lien for breach of a partially executed charter party B. recognizing that breach of contract cause of action accrues at time of the breach C. holding party in breach could not maintain suit for breach of contract D. holding that section 506d does not permit the strip down of a partially secured lien E. holding a lien is a claim against property here a surety bond and breach of contract is a claim against a person thus the lien proceeding did not dispose of the breach of contract action

assistant: The best answer is A. recognizing a maritime lien for breach of a partially executed charter party
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: After completion of the Pre-Closing Restructuring and as of immediately prior to the Closing, Seller will directly own 100% of the equity interests in NRF OP SPV. Seller is a limited partnership duly organized, validly existing and in good standing under the Laws of Delaware. NRF OP SPV is a limited liability company duly organized, validly existing and in good standing under the Laws of Delaware. Each of Seller and NRF OP SPV has the requisite corporate or partnership power and authority to own, lease or operate its properties and to carry on its business as now being conducted. Each of Seller and NRF OP SPV is duly qualified or licensed to do business and is in good standing (with respect to jurisdictions which recognize such concept) in each jurisdiction in which the nature of its business or the ownership, leasing or operation of its properties or assets makes such qualification or licensing necessary except where the failure to be so qualified or licensed or to be in good standing would not reasonably be expected to have, individually or in the aggregate, a material adverse effect on the ability of Seller or NRF OP SPV to perform their respective obligations under this Agreement or the Transaction Documents to which they are a party.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as set forth in the SEC Reports, none of the executive officers or directors of the Company and, to the Company’s Knowledge, none of the employees of the Company is presently a party to any transaction with the Company (other than for services as employees, officers and directors) that would be required to be disclosed pursuant to Item 404 of Regulation S-K promulgated under the Securities Act.

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: are required by law to spend a substantial portion of their fives in classrooms, student expression may not be suppressed simply because it gives rise to some slight, easily overlooked disruption, including but not limited to ‘a showing of mild curiosity’ by other students, see Burnside, 363 F.2d at 748, ‘discussion and comment’ among students, Reineke v. Cobb Cty. Sch. Dist., 484 F.Supp. 1252, 1261 (N.D.Ga.1980), or even some ‘hostile remarks’ or ‘discussion outside of the classrooms’ by other students, Tinker, 393 U.S. at 508, 514, 89 S.Ct. at 737, 740. Holloman, 370 F.3d at 1271-72. Further, “[wjhere students’ expressive activity does not materially interfere with a school’s vital educational mission, and does not raise a realistic chance of doing so, it may not be prohibited simp (<HOLDING>). 2. Application The issues of homosexuality Options: A. holding that school district policy requiring that students obtain the review and approval of school officials prior to distributing any written material violated free speech rights of students B. holding that school officials may not limit the first amendment rights of students and teachers to freedom of speech and expression C. holding that where a high school student and the students mother received adequate notice of the charges had sufficient opportunity to prepare for the meeting with school personnel were accorded an orderly hearing and were given a fair and impartial decision no due process violation occurred even though the school failed to provide advance notice that the potential disciplinary actions included a transfer to another school D. holding that public school violated homosexual students first amendment right to speech and expression when it banned him from bringing a samesex date to the prom notwithstanding that the student and another homosexual student had previously been assaulted by other students and that the school was forced to provide additional security and escorts E. holding that student stated a claim for violation of his first amendment right to speech when he alleged that school officials prevented him from openly stating that he was homosexual and retaliated against him for doing so

assistant: The best answer is D. holding that public school violated homosexual students first amendment right to speech and expression when it banned him from bringing a samesex date to the prom notwithstanding that the student and another homosexual student had previously been assaulted by other students and that the school was forced to provide additional security and escorts
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 shall pay its own fees, costs and expenses incurred in connection with this Agreement and the transactions contemplated hereby, including legal and accounting fees; provided that the Company shall pay any such fees, costs and expenses reasonably incurred by the Investors along with any other fees and expenses required to be reimbursed by that certain Commitment Letter dated as of December 16, 2015, among the Company and the Investors.

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: Maker hereby waives demand, presentment, protest, notice of nonpayment, notice of intention to accelerate, notice of acceleration, notice of protest, and any and all lack of diligence or delay in collection or the filing of suit hereon which may occur; agrees that its liability under this Note shall not be affected by any renewal or extension in the time of payment hereof, by any indulgences, or by any release or change in any security for the payment of this Note; and hereby consent to any and all renewals, extensions, indulgences, releases, or changes hereof or hereto, regardless of the number of such renewals, extensions, indulgences, releases, or changes.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: If any of the Secured Property shall be sold, transferred or otherwise disposed of by any Grantor in a transaction permitted by the Amended and Restated Credit Agreement (including, without limitation, a Permitted Receivables Transaction), then the Grantee, at the request and sole expense of such Grantor, shall execute and deliver to such Grantor all releases or other documents reasonably necessary or desirable for the release of the Liens created hereby on such Secured Property. The Grantor shall deliver to the Grantee, at least five Business Days prior to the date of the proposed release, a written request for release identifying the sale or other disposition in reasonable detail, including the price thereof and any expenses in connection therewith, together with a certification by the Grantor stating that such transaction is in compliance with, and permitted by, the Amended and Restated Credit Agreement and the other Loan Documents.

assistant: Releases
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 that country because of the alien’s race, religion, nationality, membership in a particular social group, or political opinion.” 8 U.S.C. § 1231(b)(3)(A). Withholding of removal requires a “clear probability” of persecution. Toussaint v. Attorney Gen., 455 F.3d 409, 413 (3d Cir.2006). The petitioner has the burden of demonstrating that persecution will be “committed either by the government or by forces that the government is either unable or unwilling to control.” Mulanga v. Ashcroft, 349 F.3d 123, 132 (3d Cir.2003). Where violence is “primarily wrought by fellow citizens and not the result of governmental action or acquiescence,” there is no pattern of persecution sufficient to support the granting of withholding of removal. Lie v. Ashcroft, 396 F.3d 530, 537-38 (3d Cir.2005) (<HOLDING>). Similarly, to obtain relief under the CAT, a Options: A. holding that petitioners who apply for withholding of removal must establish that a statutorily protected ground was a reason for their persecution B. holding that petitioner an ethnic chinese christian from indonesia did not establish a wellfounded fear of future persecution in indonesia because she failed to demonstrate that she would be individually targeted for persecution and country reports indicate that religious discrimination and harassment of ethnic chinese have declined in previous years C. holding that absent solid support in the record for the petitioners assertion that he would be subjected to persecution his fear was speculative at best D. holding that evidence of antichinese violence in indonesia did not support the petitioners claim that persecution would result from removal E. holding that the denial of petitioners appeal to the bia would have put a reasonable person in the petitioners position on notice that something was wrong with his attorneys preparation for the removal hearing

assistant: The best answer is D. holding that evidence of antichinese violence in indonesia did not support the petitioners claim that persecution would result from removal
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 costs and expenses incurred in connection with this Agreement shall be paid by the Party incurring such cost or expense, whether or not the Merger is consummated; provided, that if the Merger is consummated, Raven shall promptly reimburse the Gazelle Stockholders for all reasonable and documented out-of-pocket fees and expenses of third party accountants and legal advisors incurred in connection with the evaluation, negotiation and consummation of the Merger, in an aggregate amount not to exceed $500,000.

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 case excerpt and choose the best holding from the options. Case excerpt: D.I.B. questioned whether the trial court’s statement of the law regarding probation was accurate. While D.I.B.’s objections were not as specific as they might have been, the objections were adequate to call the issue to the trial court’s attention and to give the trial court an opportunity to cure the error. The error was thus preserved for appeal. IV The court of appeals did not discuss whether the trial court’s misstatement of its power to grant probation was harmful error. A harm analysis should have been undertaken, but a review of the record reflects that harm was adequately demonstrated. Counsel for D.I.B. informed the juvenile court that he would recommend to his client disposition by the court rather than by a jury if the court had the authority to gra Antonio 1987, no writ) (<HOLDING>); W.J.M.A. v. State, 602 S.W.2d 397, 399-400 Options: A. holding that failure to give explanation of allegations required reversal B. holding that fundamental error occurred and reversal was required when trial court failed to explain allegations or to explain adequately future use of adjudication record C. holding that failure to explain allegations and possible consequences was fundamental error that required reversal even though the juvenile had not raised this in his brief D. holding that failure to give proper instruction regarding disputed element of crime charged was fundamental error requiring reversal and stating that fundamental error is not subject to harmless error review E. holding that failure to explain allegations and possible consequences mandated reversal

assistant: The best answer is C. holding that failure to explain allegations and possible consequences was fundamental error that required reversal even though the juvenile had not raised this in his brief
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 SELLER AND BUYER HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES THE RIGHT EITHER OR BOTH MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION BASED HEREON, OR ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ANY DOCUMENT CONTEMPLATED TO BE EXECUTED IN CONJUNCTION HEREWITH, OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS (WHETHER VERBAL OR WRITTEN) OR ACTIONS OF EITHER PARTY.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All notices, requests, demands, claims, and other communications hereunder shall be in writing and delivered via overnight courier. Any notice, request, demand, claim, or other communication hereunder shall be deemed duly given as of the next business day. Such notices shall be addressed to the intended recipient(s) as set forth above.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as required by law, all payments made by the Borrowers under this Agreement shall be made free and clear of, and without reduction for or on account of, any present or future taxes, levies, imposts, duties, charges, fees, deductions or withholdings, now or hereafter imposed, levied, collected, withheld or assessed by any Governmental Authority, excluding income and franchise taxes imposed on the Bank by (i) the United States of America or any political subdivision or taxing authority thereof or therein, (ii) the jurisdiction under the laws of which the Bank is organized or in which it has its principal office or is managed and controlled or any political subdivision or taxing authority thereof or therein, or (iii) any jurisdiction in which the Bank’s lending office is located or any political subdivision or taxing authority thereof or therein (such non-excluded taxes being called “ Taxes ”). If any Taxes are required to be withheld from any amounts payable to the Bank hereunder, or under the Term Note, the amount so payable to the Bank shall be increased to the extent necessary to yield to the Bank (after payment of all Taxes and free and clear of all liability in respect of such Taxes) interest or any such other amounts payable hereunder at the rates or in the amounts specified in this Agreement and the Term Note. Whenever any Taxes are payable by the Borrowers, as promptly as possible thereafter, the Borrowers shall send to the Bank a certified copy of an original official receipt showing payment thereof. If the Borrowers fail to pay Taxes when due to the appropriate taxing authority or fail to remit to the Bank the required receipts or other required documentary evidence, the Borrowers shall indemnify the Bank for any incremental taxes, interest or penalties that may become payable by the Bank as a result of any such failure together with any actual expenses payable by the Bank in connection therewith.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: In response, the State argues that Voyles had no expectation of privacy in his work computer because it was owned by the school district, located in a public classroom designed for teaching students, and available for use by substitute teachers. The purpose of both the Fourth Amendment and Article I, section 9 of the Texas Constitution, “is to safeguard an individual’s legitimate expectation of privacy from unreasonable governmental intrusions.” Villarreal v. State, 935 S.W.2d 134, 138 (Tex.Crim.App.1996). A defendant has standing to challenge the admission of evidence obtained by an intrusion by the government or a private individual only if he had a legitimate expectation of privacy in the place invaded. Id.; Davis v. State, 119 S.W.3d 359, 367 (Tex.App.-Waco 2003, pet. filed) (<HOLDING>). The defendant, as the party asserting the Options: A. holding that the defendant lacked a reasonable expectation of privacy in an apartment bmldings common entrance B. holding that defendants lacked a reasonable expectation of privacy in common area of residential building C. recognizing record supported determination that defendant lacked expectation of privacy in house D. holding that defendant staying in abandoned house had no legitimate expectation of privacy in the house despite having a key to the house and the ability to let people in and out of it E. holding that defendant lacked reasonable expectation of privacy in garbage located outside curtilage of home

assistant: The best answer is C. recognizing record supported determination that defendant lacked expectation of privacy in house
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one (1) and the same instrument. This Agreement may be executed by delivery of electronically scanned copies of original signatures delivered by facsimile or electronic mail, and such signatures shall be deemed to bind each Party as if they were original signatures.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: to such tender offer which information he knows or has reason to know is nonpublic and which he knows or has reason to know has been acquired directly or indirectly from: (1) The Offering person, (2) The issuer of the securities sought or to be sought by such tender offer, or (3) Any officer, director, partner or employee or any other person acting on behalf of the offering person or such issuer, to purchase or sell or cause to be purchased or sold any of such securities or any securities convertible into or exchangeable for any such securities ... unless within a reasonable time prior to any purchase or sale such information and its source are publicly disclosed. 17 C.F.R. § 240.14e-3(a) (emphasis added); see United States v. O’Hagan, 521 U.S. 642, 666-77, 117 S.Ct. 2199 (1997) (<HOLDING>); see United States v. Chestman, 947 F.2d 551, Options: A. holding that when an agent has limited authority and informs the third party of this limitation the principal is not bound by the agents actions that exceed that authority B. holding that void order must exceed courts authority to act and not be merely erroneous C. holding statutory authority of commission to promulgate rules to interpret law does not impose affirmative rulemaking requirement D. holding that rule 14e3a does not exceed secs rulemaking authority E. holding that a principal is not hable for the actions of an agent when these actions exceed the agents authority and the thirdparty has knowledge that the agent does not have the authority asserted

assistant: The best answer is D. holding that rule 14e3a does not exceed secs rulemaking 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 legal provision and list the applicable contract clause categories. Provision: Any Lender may at any time, without the consent of, or notice to, the Borrower or the Administrative Agent, sell participations to any Person (other than a natural Person, or a holding company, investment vehicle or trust for, or owned and operated for the primary benefit of, a natural Person, a Defaulting Lender or the Borrower or any of the Borrower’s Affiliates or Subsidiaries) (each, a “ Participant ”) in all or a portion of such Lender’s rights and/or obligations under this Agreement (including all or a portion of its Commitment and/or the Loans (including such Lender’s participations in L/C Obligations) owing to it); provided that (i) such Lender’s obligations under this Agreement shall remain unchanged, (ii) such Lender shall remain solely responsible to the other parties hereto for the performance of such obligations and (iii) the Borrower, the Administrative Agent, the Lenders and the L/C Issuer shall continue to deal solely and directly with such Lender in connection with such Lender’s rights and obligations under this Agreement. For the avoidance of doubt, each Lender shall be responsible for the indemnity under Section 10.04(c) without regard to the existence of any participation.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Subject to changes in facts or conditions which are required or permitted under this Agreement, none of the reports, financial statements, certificates or other information furnished by or on behalf of any of AXE, Anixter, and the Subsidiaries of Anixter to Administrative Agent or any Lender in connection with the negotiation of this Agreement or any other Loan Document (as modified or supplemented by other information so furnished), taken as a whole, contains any material misstatement of fact or omits to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading.

assistant: Disclosures
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 Agreement, as amended by this Amendment, constitutes the entire agreement between the parties relating to the subject matter thereof and hereof, and such agreement supersedes all proposals or agreements, written or oral, and all other communications between the parties relating to such subject matter.

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: Use the proceeds of any Credit Extension, whether directly or indirectly, and whether immediately, incidentally or ultimately, to purchase or carry margin stock (within the meaning of Regulation U of the FRB) or to extend credit to others for the purpose of purchasing or carrying margin stock or to refund indebtedness originally incurred for such purpose.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed in two or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. A signed copy of this Agreement delivered by facsimile, e-mail or other means of electronic transmission is deemed to have the same legal effect as delivery of manually executed copies of this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The proceeds of the Loans will be used to finance the payment by the Borrower of outstanding Indebtedness under the Existing Credit Agreement, to pay related fees and expenses and for general corporate purposes not in contravention of any law, including but not limited (a) to repurchase shares of the Borrower’s Class A Common Stock, and (b) to consummate Permitted Acquisitions. No part of the proceeds of any Loan will be used, whether directly or indirectly, for any purpose that entails a violation of any of the Regulations of the Board, including Regulations U and X thereof.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: ¶ 11 Father next argues the family court’s findings are inadequate to satisfy the requirements of A.R.S. § 25-403(B). In making a custody determination, the court must consider the factors enumerated in A.R.S. § 25-403(A) regarding the children’s best interests. Further, A.R.S. § 25-403(B) requires that, “[i]n a contested custody case, the court shall make specific findings on the record about all relevant factors and the reasons for which the decision is in the best interests of the child[ren].” (Emphasis added.) ¶ 12 In Diezsi, this court held that it was an abuse of discretion for the lower court to fail to make the requisite findings pursuant to § 25-403. 201 Ariz. at 526, ¶ 5, 38 P.3d at 1191. See also Owen v. Blackhawk, 206 Ariz. 418, 421-22, ¶ 12, 79 P.3d 667, 670-71 (App. 2003) (<HOLDING>); Downs v. Scheffler, 206 Ariz. 496, 501, ¶ 19, Options: A. holding that the family court abused its discretion in changing the primary residential parent and altering the parenting time schedule without making the required findings on the record in a contested custody case brought under the relocation statute ars 25408 B. holding district court abused its discretion in admitting state court findings of fact C. holding that the lower courts findings were insufficient as a matter of law and remanding for the court to make the findings required under ars 25403 D. holding the trial court did not abuse its discretion in finding the best interest of the children require the continuation of primary physical custody with defendant and secondary custody with plaintiff and the trial court failed to make sufficient findings of fact and conclusions of law for this court to determine whether the guidelines were followed E. holding that the trial court did not abuse its discretion in changing the surname of the child where the court made factual findings that the name change would be in the best interest of the child

assistant: The best answer is A. holding that the family court abused its discretion in changing the primary residential parent and altering the parenting time schedule without making the required findings on the record in a contested custody case brought under the relocation statute ars 25408
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, including the Schedules attached hereto and the documents delivered pursuant hereto set forth all the promises, covenants, agreements, conditions and understandings between the parties hereto with respect to the subject matter hereof and thereof, and supersede all prior and contemporaneous agreements, understandings, inducements or conditions, expressed or implied, oral or written, except as contained herein; provided, however, except as explicitly stated herein, nothing contained in this Agreement shall (or shall be deemed to) (i) have any effect on any agreements any Buyer has entered into with, or any instruments any Buyer has received from, the Company prior to the date hereof with respect to any prior investment made by such Buyer in the Company or (ii) waive, alter, modify or amend in any respect any obligations of the Company, or any rights of or benefits to any Buyer or any other Person, in any agreement entered into prior to the date hereof between or among the Company and any Buyer, or any instruments any Buyer received from the Company prior to the date hereof, and all such agreements and instruments shall continue in full force and effect..

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: statements on the Wallach tape had “no basis,” the complaint is utterly devoid of allegations indicating either a specific agree ment by these defendants to participate in the affairs of the enterprise or an agreement to the commission of two specific predicate acts. Finally, Ms. Goren’s amended complaint cannot be saved by its many conclusory and vague allegations concerning the collective conduct of the “defendants.” It is well established that a complaint may be dismissed if it contains only conclusory, vague and general allegations of a conspiracy. See Schiffels, 978 F.2d at 352; Otto v. Variable Annuity Life Ins. Co., 814 F.2d 1127, 1136 (7th Cir.1986), cert. denied, 486 U.S. 1026, 108 S.Ct. 2004, 100 L.Ed.2d 235 (1988); see also Rose v. Bartle, 871 F.2d 331, 366 (3d Cir.1989) (<HOLDING>). Instead, in order to state a viable RICO Options: A. holding that a conspiracy claim must contain supportive factual allegations describing the general composition of the conspiracy some or all of its broad objectives and the defendants general role in the conspiracy B. holding that two conspiracies existed where the members of the second conspiracy did not know about the first conspiracy did not benefit from the first conspiracy and were connected with the first conspiracy only through a middleman C. holding that the notion of enterprise conspiracy has largely rendered the old distinction between single conspiracy and multiple conspiracy irrelevant to rico conspiracy charges D. holding that in a conspiracy case venue lies where the conspiracy agreement was formed or in any jurisdiction where an overt act in furtherance of the conspiracy was committed by any of the conspirators E. holding that once a defendant becomes associated with a conspiracy he is responsible for all of the acts of the conspiracy even those which occurred before or after his association with the conspiracy

assistant: The best answer is A. holding that a conspiracy claim must contain supportive factual allegations describing the general composition of the conspiracy some or all of its broad objectives and the defendants general role in the conspiracy
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: scheme of federal regulation is so pervasive as to make reasonable the inference that Congress left no room for the States to supplement it, and conflict pre-emption, where compliance with both federal and state regulations is a physical impossibility, or where state law stands as an obstacle to the accomplishment and execution of the full purposes and objectives of Congress. Gade v. Nat'l Solid Wastes Mgmt. Ass’n, 505 U.S. 88, 98, 112 S.Ct. 2374, 120 L.Ed.2d 73 (1992) (citations and internal quotation marks omitted) (emphasis added). Field preemption is absent here. It is true that § 276 substantially expands the Commission’s jurisdiction and gives it broad authority to regulate both intrastate and interstate payphone calls. See, e.g., Ill. Pub. Telecomms. Ass’n, 117 F.3d at 561-62 (<HOLDING>). Yet, by expressly limiting federal preemption Options: A. holding that absent other evidence of prevailing market rates the district judge may establish a reasonable rate based on his familiarity with the prevailing rates in the area B. holding that the commission may regulate rates for local coin calls C. holding that congress may regulate purely local intrastate activities if they are part of an economic class of activities that have a substantial effect on interstate commerce D. holding that local telephone calls are inadequate to satisfy jurisdictional requisite of interstate commerce E. holding that a carrier has a property interest in telecommunication rates and therefore is entitled to due process in the calculation of said rates

assistant: The best answer is B. holding that the commission may regulate rates for local coin calls
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 Borrowing Subsidiary is a Wholly-Owned Subsidiary of the Parent, all of the issued and outstanding shares of capital stock of which are owned by the Parent and/or one or more of its Wholly-Owned Subsidiaries (other than, in the case of any Subsidiary that is not organized under the laws of any political subdivision of the United States, with respect to any directors’ qualifying shares required by the laws of the jurisdiction where such Subsidiary is organized).

assistant: Subsidiaries