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: prepared, as of the April 8th trial date. With respect to the issue of delay, three days before trial commenced, on April 5, 1991, Sarasua advised the court that his client wished to substitute counsel. Mack only formally moved to substitute counsel on April 8, 1991. Petitioner plausibly argues that he did not make this eleventh hour request for a continuance to delay trial but because he did not have the financial resources to hire a private attorney until this late date. While Petitioner’s argument is compelling, his decision to substitute counsel was dilatory in that it could and should have been made long before the day of trial. It cannot be said that Petitioner was denied ample opportunity to secure counsel of his choice. See United States v. Sexton, 473 F.2d 512 (5th Cir.1973) (<HOLDING>). Even if the Court accepts Petitioner’s Options: A. holding that denial of request for continuance to allow retained counsel to prepare for trial did not deny defendant effective assistance of counsel when defendant had waited more than two months to retain an attorney courtappointed counsel appeared competent and defendants motion failed to state when retained counsel would be ready B. recognizing a defendants right to dismiss retained counsel in favor of appointed counsel C. recognizing that a criminal defendants right to counsel is the right to the effective assistance of counsel D. holding the state courts denial of a motion to substitute retained counsel for appointed counsel to be an unreasonable application of gonzalezlopez because it was not justified by undue delay and the trial court wrongly assumed without questioning the defendant that she could not afford to pay retained counsel E. holding that in determining whether there exists a valid waiver of the right to counsel in the criminal setting the court may consider a defendants lack of good faith in working with appointed counsel including an unreasonable refusal to cooperate with counsel or an unreasonable request for substitution of appointed counsel and the timeliness of defendants request for new counsel particularly when a defendant makes an untimely request for new counsel under circumstances which are likely to result in a continuance

assistant: The best answer is A. holding that denial of request for continuance to allow retained counsel to prepare for trial did not deny defendant effective assistance of counsel when defendant had waited more than two months to retain an attorney courtappointed counsel appeared competent and defendants motion failed to state when retained counsel would be ready
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: Agent shall not in any way be responsible for the performance or discharge of, and Agent does not hereby undertake to perform or discharge, any obligation, duty, responsibility, or liability of Pledgor in connection with the Pledged Collateral or otherwise. Pledgor hereby agrees to indemnify Agent and hold Agent harmless from and against all losses, liabilities, damages, claims, or demands suffered or incurred by reason of this Agreement or by reason of any alleged responsibilities or undertakings on the part of Agent to perform or discharge any obligations, duties, responsibilities, or liabilities of Pledgor in connection with the Pledged Collateral or otherwise; provided, however , that the foregoing indemnity and agreement to hold harmless shall not apply to losses, liabilities, damages, claims, or demands suffered or incurred by reason of Agent’s own gross negligence or willful misconduct. Agent shall have no duty to collect any amounts due or to become due in connection with the Pledged Collateral or enforce or preserve Pledgor’s rights under this Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: in good faith. FFG, a captive, entered into the Administration Agreement with Federal, to whom it delegated the primary control of the claims-handling process. This included the authority “to receive, review and evaluate any Claims” brought under the Policy, (Administration Agreement § 2(A)), and “to interpret [Policy] language, make [Policy] coverage decisions, and to settle covered Claims for any amount up to the [Policy] limits.” (Id. § 2(C).) In a sense, FFG “controlled” Federal’s authority by requiring express written authority before Federal could deny, negotiate, adjust, or settle a claim, (id. § 2(A)), but the “ultimate disposition” of claims was nevertheless Federal’s call to make. (Id. § 2(E)); see Dellaira v. Farmers Ins. Exch., 136 N.M. 552, 102 P.3d 111, 114-16 (App.2004) (<HOLDING>). FFG simply was responsible for maintaining Options: A. holding that bad faith handling of an insureds claim fell within the act B. holding that an administrator that has control over and makes the ultimate determination regarding the merits of an insureds claim must act in good faith in processing the insureds claims C. holding that insurance company could sue in insureds name following assignment of insureds interest against tortfeasor D. holding that the district court erred in dismissing the injured party from the insureds declaratory relief action based on a default judgment entered against the insured and the insureds tortfeasor son E. holding insurer not liable for bad faith when it denied insureds claim based on a good faith dispute regarding the interpretation of a rule

assistant: The best answer is B. holding that an administrator that has control over and makes the ultimate determination regarding the merits of an insureds claim must act in good faith in processing the insureds claims
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 validity, interpretation and performance of this Warrant shall be governed by the laws of the State of New York without giving effect to the principles of conflicts or choice of laws thereof (other than the New York General Obligations Law §§5-1401 and 5-1402).

assistant: Applicable 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 case excerpt and choose the best holding from the options. Case excerpt: judge’s report and recommendation, the Federal Magistrates Act does not require a district court to review the report before accepting it. Thomas v. Arn, 474 U.S. 140, 149, 106 S.Ct. 466, 88 L.Ed.2d 435 (1985). As a matter of good practice, however, the Third Circuit expects courts to “afford some level of review to dispositive legal issues raised by the report.” Henderson v. Carlson, 812 F.2d 874, 878 (3d Cir.1987). The advisory committee notes to Rule 72(b) of the Federal Rules of Civil Procedure indicate that “[wjhen no timely objection is filed, the court need only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation.” Fed. R. Civ. P. 72(b), advisory committee notes; see also Tice v. Wilson, 425 F.Supp.2d 676, 680 (W.D.Pa.2006) (<HOLDING>); Cruz v. Chafer, 990 F.Supp. 375-78 Options: A. holding that plain error analysis is the proper standard for review of forfeited error in the rule 11 context B. holding that the courts review is conducted under the plain error standard C. holding prevonn that plain error analysis is the proper standard for review of forfeited error in the rule 11 context D. holding that the district courts failure to instruct the jury as to the proper standard of proof constituted plain error E. holding plain error analysis is the proper standard for review of forfeited error in the rule 11 context

assistant: The best answer is B. holding that the courts review is conducted under the plain error standard
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: This matter is before the court on Kenneth Hill’s pro se request for a certificate of appealability (“COA”). Hill seeks a COA so he can appeal the district court’s dismissal without prejudice of his 28 U.S.C. § 2241 habeas corpus petition. 28 U.S.C. § 2253(c)(1)(A) (providing no appeal may be taken from “the final order in a habeas corpus proceeding in which the detention complained of arises out of process issued by a State court” unless the petitioner first obtains a COA); Montez v. McKinna, 208 F.3d 862, 867, 869 (10th Cir.2000) (<HOLDING>). Because Hill has not “made a substantial Options: A. holding that 2253clas requirements apply when a state habeas petitioner is proceeding under 2241 B. holding 2253clas coa requirement applies to state prisoners proceeding under 2241 when the petition relates to any of the incidents and circumstances of any detention pursuant to state court process C. holding that state prisoners must obtain a coa to appeal denials of 28 usc 2241 petitions D. holding state prisoners proceeding under 2241 must be granted a coa before their claims can be considered on the merits E. holding that 2253c1a applies when a state habeas petitioner proceeds under 2241

assistant: The best answer is B. holding 2253clas coa requirement applies to state prisoners proceeding under 2241 when the petition relates to any of the incidents and circumstances of any detention pursuant to state court process
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 rule resolved that controversy "by indicating that uniform treatment be accorded to judgments in all class actions." Federal Practice and Procedure, supra, § 1789, at 550. In short, those identified in the manners called for in the rule ordinarily will be bound by the judgment. Therefore, C.R.CP. 23(0)(8) is merely an aid for identifying persons bound by a class action judgment; it does not impose a requirement that, if unsatisfied, precludes the entry of a final judgment. Indeed, "[the failure to specify the members of the class at the time the judgment is entered is not a fatal error ... and the case can be remanded to remedy the defect." Federal Practice and Procedure, swpra, § 1789, at 551; see also Vaughter v. Eastern Air Lines, Inc., 817 F.2d 685, 689 (11th Cir.1987) (<HOLDING>); Harmsen v. Smith, 693 F.2d 932, 942 (9th Options: A. recognizing that the procedural defect could be corrected through a reinstatement of the termination proceedings B. holding that a public employee who can be discharged only for cause is entitled to at least some informal due process before he can be terminated C. holding that in certain circumstances fraud can be prosecuted under the statute D. holding that in an action for breach of contract only nominal damages can be recovered if there is no evidence produced from which the facts necessary to determine damages under the proper rule can be determined E. holding such an oversight can be corrected under fedrcivp 602

assistant: The best answer is E. holding such an oversight can be corrected under fedrcivp 602
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 Lender, upon execution and delivery hereof or upon succeeding to an interest in the Commitments and Loans, as the case may be, represents and warrants as of the Effective Date or as of the Assignment Effective Date that (i) it is an Eligible Assignee; (ii) it has experience and expertise in the making of or investing in commitments or loans such as the applicable Commitments or Loans, as the case may be; and (iii) it will make or invest in, as the case may be, its Commitments or Loans for its own account in the ordinary course and without a view to distribution of such Commitments or Loans within the meaning of the Securities Act of 1933 or the Securities Exchange Act of 1934 or other federal securities laws (it being understood that, subject to the provisions of this Section 9.6 , the disposition of such Commitments or Loans or any interests therein shall at all times remain within its exclusive control).

assistant: Representations
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: 5.3 youtube grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials , but not caches or archives of such materials .

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: Any provision of this Joinder Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof and of the Intercreditor Agreement, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. The parties hereto shall endeavor in good-faith negotiations to replace any invalid, illegal or unenforceable provisions with valid provisions the economic effect of which comes as close as possible to those of the invalid, illegal or unenforceable provisions.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement constitutes the complete and exclusive understanding and agreement of the parties and supersedes all prior understandings and agreements, whether written or oral, with respect to the subject matter hereof. Any waiver, modification or amendment of any provision of this Agreement will be effective only if in writing and signed by the parties hereto.

assistant: Modifications
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: unnecessarily, he maintains, because they knew that he was not among the troublemakers. He filed this suit under 42 U.S.C. § 1983 against the corporation (rather than any of the guards), in Wisconsin, a little more than four years later. Although she assumed that Malone’s version of events is correct, the district court dismissed the complaint after screening under 28 U.S.C. § 1915A, concluding that the claim is barred by the statute of limitations. (The judge did not consider other potential problems, such as whether the corporation is a state actor amenable to suit under § 1983 given the lack of any allegation that Wisconsin directed or even influenced the events of which Malone complains, cf. Correctional Services Corp. v. Malesko, 534 U.S. 61, 122 S.Ct. 515, 151 L.Ed.2d 456 (2001) (<HOLDING>), or how the corporation could be held Options: A. holding that a bivens claim cannot be brought against a federal agency B. holding that privately operated prisons may not be sued under the bivens doctrine C. holding that a bivens cause of action cannot be maintained against a federal agency D. holding no action lies under bivens against a private corporation operating a halfway house under a contract with the bureau of prisons E. holding that municipal pension boards may not be sued

assistant: The best answer is B. holding that privately operated prisons may not be sued under the bivens doctrine
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: As of the date of this Agreement, set forth on Schedule 3.16 is a summary of all insurance policies maintained by Holdings and its Subsidiaries (a) with respect to properties material to the businesses of Holdings and its Subsidiaries against such casualties and contingencies and of such types and in such amounts as are customary in the case of similar businesses operating in the same or similar locations, and (b) required to be maintained pursuant to the Security Documents. All such insurance policies are maintained with financially sound and responsible insurance companies.

assistant: Insurances
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 shall not be assignable or otherwise transferable by a party without the prior consent of the other parties, and any attempt to so assign or otherwise transfer this Agreement without such consent shall be void and of no effect; provided , however , that Henderson may, in its sole discretion, assign or transfer all or any of its rights, interests and obligations under this Agreement to any affiliate of Henderson, but no such assignment shall relieve Henderson from its obligations under this Agreement. This Agreement shall be binding upon the respective heirs, successors, legal representatives and permitted assigns of the parties hereto. Nothing in this Agreement shall be construed as giving any person, other than the parties hereto and their heirs, successors, legal representatives and permitted assigns, any right, remedy or claim under or in respect of this Agreement or any provision hereof.

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: Here, Defendants challenge venue pursuant to 28 U.S.C. § 1406(a) rather than Federal Rule of Civil Procedure 12(b)(3). Although many federal courts hold that waiver under Rule 12 applies equally to § 1406(a), there appears to be some disagreement on the issue. Compare, e.g., Gardner v. Mylan Inc., No. 2:09-cv-01289, 2010 WL 2595114, at *2 (S.D.W.Va. June 24, 2010) (indicating that Rule 12 waiver guidelines apply to § 1406(a)); Bosse v. Mertoff, No. 05-CV-02170, 2007 WL 484590, at *2 (D.Colo. Feb. 9, 2007) (“[T]here is significant authority for the proposition that, once a defense of improper venue is waived, a defendant is also foreclosed from seeking a transfer under § 1406.”); with, e.g., Johnson v. United Airlines, Inc., No. 12 C 5842, 2013 WL 323404, at *2 (N.D.Ill. Jan. 25, 2013) (<HOLDING>). Regardless, it is clear that a party can Options: A. holding that transfer most appropriate under 28 usc 1406a B. holding that a partys repeated representations that venue was proper in one forum waived its right to bring a subsequent motion under 28 usc 1406a challenging venue C. holding that motion to transfer also must show either that county where action is pending is improper or that venue is mandatory in another county D. recognizing conflicting case law regarding whether waiver under rule 12b3 extends to a request for a transfer under 1406a given that such a transfer is premised on venue being improper in this district E. holding that transfer was proper remedy for improper venue even though the issue of transfer was not raised until the motion hearing in circuit court

assistant: The best answer is D. recognizing conflicting case law regarding whether waiver under rule 12b3 extends to a request for a transfer under 1406a given that such a transfer is premised on venue being improper in this district
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 Board or its designee shall have the right to terminate this Plan at any time before a Change in Control by written resolution. No termination of the Plan shall reduce a Participant’s Account immediately before the effective date of the termination.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the parties,” Pungitore, 965 F.Supp. at 673 n. 1, or had any legal consequences independent of its substantive content. Compare United States v. Montana, 199 F.3d 947, 950 (7th Cir.1999) (explaining difference between verbal acts such as “a promise, offer, or demand,” which “commit the speaker to a course of action,” and hearsay statements, which “narrate, describe, or otherwise convey information, and so are judged by their truth value”) (emphasis added), and Trepel v. Roadway Exp., Inc., 194 F.3d 708, 717 (6th Cir.1999) (upholding exclusion of statement as hearsay where statement “was not an offer to sell” but rather, a declaration of the price range the owner “would be willing to take ... should someone make an offer to buy”); with Puma v. Sullivan, 746 A.2d 871, 874-76 (D.C.2000) (<HOLDING>). The district court did not abuse its Options: A. holding that the district court erred in ruling that a plaintiff had failed to offer any evidence to survive summary judgment on its discrimination claim where the district court had simply discounted plaintiffs admissible evidence as less probative than defendants B. holding that a trial court can only consider admissible evidence in ruling on a motion for summary judgment C. holding that oral statement containing an offer which statements proponents had accepted was admissible for consideration on summary judgment as a verbal act D. holding that when the courts oral statements in the plea colloquy conflict with the written agreement the courts oral statements control E. holding that unsworn statements may not be considered on a motion for summary judgment

assistant: The best answer is C. holding that oral statement containing an offer which statements proponents had accepted was admissible for consideration on summary judgment as a verbal act
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 execution, delivery and performance of this Agreement and the other Loan Documents to which any of the Borrowers is a party and the transactions contemplated hereby and thereby (i) are within the authority of the applicable Credit Parties, (ii) have been duly authorized by all necessary actions on the part of the applicable Credit Parties, (iii) do not and will not conflict with or result in any breach or contravention of any provision of law, statute, rule or regulation to which any Credit Party is subject or any judgment, order, writ, injunction, license or permit applicable to any Credit Party, except as would not reasonably be expected to result in a Material Adverse Effect, (iv) do not and will not conflict with or constitute a default (whether with the passage of time or the giving of notice, or both) under any provision of the partnership agreement, articles of incorporation or other charter documents or bylaws of, or any agreement or other instrument binding upon, any Credit Party or or any of its properties where, in the case of any agreement or other instrument binding upon any Credit Party or any of its properties, any conflict or default would not reasonably be expected to have a Material Adverse Effect, (v) do not and will not result in or require the imposition of any lien or other encumbrance on any of the properties, assets or rights of any Credit Party other than the liens and encumbrances in favor of Agent contemplated by this Agreement and the other Loan Documents, and (vi) do not require the approval or consent of any Person other than those already obtained and delivered to Agent or except as would not reasonably be expected to result in a Material Adverse Effect.

assistant: Authorizations
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: Closing shall be on or before Monday, October 2, 2017, at a time and location mutually agreeable to Buyer and Seller. Buyer shall deliver to Seller the full payment of Five Hundred and Thirty Thousand Dollars ($530,000.00) at Closing to be paid in collected funds.

assistant: Closings
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: sleeps in the other’s bedroom. This fact alone, therefore, does not negate Reed’s authority to consent to a search of the appellant’s bedroom. Although a determination of joint access, vel non, is always a fact-specific inquiry, under the “common authority” test, where the defendant lives “with a parent or other close relative, and the relative consents to a search of defendant’s bedroom, most courts presume that the relative has sufficient common authority over the bedroom to authorize the consent to search.” The defendant may, however, overcome this presumption by presenting evidence that defendant had “exclusive possession of the searched premises.” Here, however, the appellant’s door was not shown to have been locked, and the trial court was entitled to disbelieve 2d 205 (2006) (<HOLDING>). 35 . People v. Bliey, 232 Ill.App.3d 606, 173 Options: A. holding that the lessee of an apartment where defendant was residing could not consent to a search of the defendants room where the lessee characterized defendants bedroom as his space and said she did not enter the room as a regular matter B. holding that as owner of the residence the grandfather had actual authority to consent to a search of the defendants bedroom because there was no evidence that grandfather lacked authority to enter defendants room and because defendants bedroom did not have a lock or anything restricting access to the room the court found that the grandfather shared common authority over the bedroom C. holding that a mother had apparent authority to consent to a search of her adult sons bedroom including a closed vinyl bag found in the bedroom D. holding that appellants father had authority to consent to search of defendants bedroom where house defendant lived in was owned by his parents room was not locked and defen dants family was not denied access to bedroom E. holding that a defendants sister could consent to a search of only the common areas of their shared house and her own bedroom and explicitly stating that the sister could not consent to search the defendants bedroom because the defendant had a reasonable expectation of privacy in her own bedroom

assistant: The best answer is B. holding that as owner of the residence the grandfather had actual authority to consent to a search of the defendants bedroom because there was no evidence that grandfather lacked authority to enter defendants room and because defendants bedroom did not have a lock or anything restricting access to the room the court found that the grandfather shared common authority over the bedroom
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 Award shall be canceled and forfeited, if, without the consent of the Company, while employed by or providing services to the Company or any Subsidiary or after termination of such employment or service, Participant (i) violates a non-competition, non-solicitation or non-disclosure covenant or agreement, (ii) otherwise engages in activity that is in conflict with or adverse to the interest of the Company or any Subsidiary, including fraud or conduct contributing to any financial restatements or irregularities, as determined by the Committee in its sole discretion. In addition, any payments or benefits the Participant may receive hereunder shall be subject to repayment or forfeiture as may be required to comply with the requirements under the Securities Act, the Act, rules promulgated by the Commission or any other applicable law, including the requirements of the Dodd-Frank Wall Street Reform and Consumer Protection Act, or any securities exchange on which the Shares are listed or traded, as may be in effect from time to time as well as any policy relating to the repayment or forfeiture of compensation that the Company may adopt from time-to-time. Further, if you receive any amount in excess of what you should have received under the terms of the Performance Share Award for any reason (including without limitation by reason of a financial restatement, mistake in calculations or administrative error), all as determined by the Committee, then you shall be required to promptly repay any such excess amount to the Company. Notwithstanding the foregoing, none of the non-disclosure restrictions in this Agreement shall, or shall be interpreted to, impair the Participant from exercising any legally protected whistleblower rights (including under Rule 21F under the Act).

assistant: Forfeitures
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: also entitled to withholding of deportation based on that persecution. Id. at 1023, 1031-32. Remand was not necessary for further factual development, as the predicate facts were not disputed. In contrast, the IJ here never reached the legal or factual questions of eligibility for either asylum or withholding in light of current country conditions because she simply rejected all of Secaida’s testimony regarding the events in Guatemala he claimed led to his flight. Furthermore, a substantial amount of time has passed since the IJ assessed Secaida’s application. Given our above conclusion that the IJ erred by rejecting Secaida’s testimony, it appears remand is necessary in this case to allow the IJ to reach the secondary question of country conditions. See Ventura, 123 S.Ct. at 355-56 (<HOLDING>). As we noted in Yang, however, while Secaida Options: A. holding that the bia did not abuse its discretion in denying a motion to reopen supported by allegedly unavailable evidence regarding changed country conditions where there had been a previous adverse credibility finding in the underlying asylum hearing B. holding that 8 cfr 10032c3ii applies to changed country conditions in the country of origin or deportation and not changed personal circumstances in the united states C. holding that this court must remand to the bia to allow it to address in the first instance an issue that it has not yet considered D. holding that appellate court erred by reaching question of changed country conditions where neither bia nor ij had been given a chance to address it in the first instance E. holding that in evaluating evidence of changed country conditions the bia compares the evidence of country conditions submitted with the motion to those that existed at the time of the merits hearing below

assistant: The best answer is D. holding that appellate court erred by reaching question of changed country conditions where neither bia nor ij had been given a chance to address it in the first instance
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: convictions under this section or substantially similar offenses under the laws of another jurisdiction, then such person shall be guilty of a drug severity level 1 felony.” (Emphasis added.) See K.S.A. 65-4161(a), (b), and (c) (language is same). Application of the plain language of the above statute to the facts of this case yields the following results: Paul is a person who violated K.S.A. 2006 Supp. 65-4161(a) by reason of his 2005 conviction in Saline County of one count of sale of methamphetamine. In 1999 (that is, prior to the time he committed the offense underlying his 2005 conviction), Paul was twice convicted of felony drug charges that qualified “under this section,” as set forth in K.S.A. 2006 Supp. 65-4161(c). See State v. Crank, 262 Kan. 449, 455-58, 939 P.2d 890 (1997) (<HOLDING>). These two 1999 convictions were charged Options: A. holding that the phrase prior conviction under this section should be read broadly to include any prior conviction under the kansas uniform controlled substances act ksa 654101 et seq or other analogous municipal or foreign provisions B. holding that a prior conviction is not a predicate offense under the sentencing guidelines if the statute that provides the basis for the prior conviction sweeps more broadly than the generic crime described in the guidelines C. holding that for sentencing purposes the government does not need to allege a defendants prior conviction or prove the fact of a prior conviction where that fact is not an element of the present crime D. holding that under section 172550 two prior violations of the controlled substances act occurring in the same incident should be treated as one offense and noting that if multiple prior convictions are obtained for violations of the controlled substance act unrelated to one another and not arising out of a single incident there is no prohibition against counting each conviction separately for sentencing purposes E. holding that in determining whether a prior conviction is a violent felony a court generally must look only to the fact of conviction and the statutory definition of the prior offense

assistant: The best answer is A. holding that the phrase prior conviction under this section should be read broadly to include any prior conviction under the kansas uniform controlled substances act ksa 654101 et seq or other analogous municipal or foreign provisions
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: As used in this Agreement, each of the terms defined in the opening paragraph and the Recitals above shall have the meanings assigned to such terms therein. Unless otherwise specifically defined herein, each term defined in the Credit Agreement, as amended hereby, and used herein without definition shall have the meaning assigned to such term in the Credit Agreement, as amended hereby.

assistant: Defined Terms
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 term of employment under this Agreement (the “ Term ” ) shall commence on the Effective Date and continue through December 31, 2017 and shall automatically renew for additional one-year periods thereafter unless either party gives notice on or before November 1 of any calendar year that employment under this Agreement will not continue for an additional period of one year beginning on the following January 1.

assistant: Terms
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 Members agree that irreparable damage may result if this Agreement is not performed in accordance with its terms, and the Members agree that any damages available at law for a breach of this Agreement may not be an adequate remedy. Therefore, to the extent that damages available at law for a breach of this Agreement are an inadequate remedy, to the fullest extent permitted by law, the provisions hereof and the obligations of the Members hereunder may be enforceable in a court of equity, or other tribunal with jurisdiction, by a decree of specific performance, and appropriate injunctive relief may be applied for and granted in connection therewith. Such remedies and all other remedies provided for in this Agreement shall, however, be cumulative and not exclusive and shall be in addition to any other remedies that a Member may have under this Agreement, at law or in equity.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: A loan origination fee in the amount of Seven Thousand Five Hundred and 00/100 Dollars ($7,500) shall be paid by Borrower to Lender on the Closing Date. Borrower agrees that this fee is fair and reasonable considering the condition of the money market, the creditworthiness of the Borrower, the interest rate to be paid, and the nature of the security for the Loans.

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 legal provision and list the applicable contract clause categories. Provision: (a) Commitment Fee . The Borrower agrees to pay to each Lender a commitment fee on the average daily unused amount of such Lender’s Commitment (i) in the case of each Lender on the Effective Date, from the Effective Date or (ii) in the case of any Lender that becomes a Lender after the Effective Date, the effective date specified in the Assumption Agreement or the Assignment and Acceptance pursuant to which it became a Lender, until, in each case, the Termination Date (or, for the avoidance of doubt, the Term-Out Date) payable quarterly in arrears on the first Business Day of each January, April, July and October during the term of such Lender’s Commitment, commencing January 2, 2019, and on the Termination Date, at the rate per annum equal to the Commitment Fee Percentage in effect from time to time.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: those who access the service from other locations are doing so on their own initiative and are responsible for compliance with applicable local laws regarding your online conduct and acceptable content , if and to the extent local laws apply .

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 failure of any party at any time or times to require performance of any provision hereof shall in no manner affect the right at a later time to enforce the same. No waiver by any party of any condition, or the breach of any term, covenant, representation or warranty contained in this Agreement, whether by conduct or otherwise, in any one or more instances shall be deemed to be or construed as a further or continuing waiver of any such condition or breach or a waiver of any other term, covenant, representation or warranty of this Agreement.

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 case excerpt and choose the best holding from the options. Case excerpt: No. A-201, April 1997 Edition,” an industry standard. And in Avatar Properties, Inc. v. Greetham, 27 So.3d 764, 766 (Fla. 2d DCA 2010), although a home warranty was not attached to a purchase and sale agreement, “the agreement state[d] that the warranty was available for examination at [the seller’s] offices and, that upon request the warranty would be attached as an exhibit to the purchase and sale agreement.” The buyers initialed that paragraph, signaling an intent that the warranty be incorporated into the main contract. Id. at 766-67. During the formation of the contract in this case, Tradewinds expressed no similar intent to incorporate the “terms and conditions.” See also Mgmt. Computer Controls, Inc. v. Charles Perry Constr., Inc., 743 So.2d 627, 631-32 (Fla. 1st DCA 1999) (<HOLDING>). For these reasons, we affirm the order of the Options: A. holding that purchase contract for computer software referred to license agreement indicated where it could be obtained and provided it with software sealed with the warning by opening this packet you indicate your acceptance of sellers license agreement B. holding that the uniform commercial code specifically encompassed a software licensing agreement C. holding that licensing agreement controlled the scope of the users rights in the software D. holding that possession of a drivers license is irrelevant to the offense of failing to present a license which is completed by failing to present the license when requested to do so by an officer E. holding the following express language binding upon receipt of an accepted counterpart of this letter our agreement to purchase from you and your agreement to issue sell and deliver to us the captioned securities shall become a binding agreement between us emphasis added

assistant: The best answer is A. holding that purchase contract for computer software referred to license agreement indicated where it could be obtained and provided it with software sealed with the warning by opening this packet you indicate your acceptance of sellers license agreement
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 eighteen months past the completion of construction. As we have seen, the project is now in limbo and may last much longer. Collateral estoppel applies only when the same issues decided in the past action arise again in the present context, see Southern Pacific R.R. v. U.S., 168 U.S. 1, 48, 18 S.Ct. 18, 27, 42 L.Ed. 355 (1897), so that when significant new facts grow out of a continuing course of conduct the issues in a successive suit may fail to constitute the same “issue” so as to merit preclusive effect. See Brogsdale v. Barry, 926 F.2d 1184, 1188 (D.C.Cir.1991) (finding that a 1975 determination that unconstitutional crowding existed at a jail could not be dispositive of the conditions existing in 1983); Fleer Corp. v. Topps Chewing Gum, Inc., 501 F.Supp. 485, 513 (D.C.Pa.1980) (<HOLDING>); 6 Charles Alan Wright, Arthur R. Miller & Options: A. holding that changes in the baseball card market between 1965 and 1980 foreclosed any argument that a definition of the relevant market by the federal trade commission could preclude relitigation of the market definition issue B. recognizing implied duty to market C. holding that proof of relevant market is essential under 2 D. recognizing that rates awarded in other cases do not set the prevailing market rateonly the market can do that E. holding merely that to the extent a breaching party claims that the appropriate measure of damages is the difference between the contract price and the market price it holds the burden of proving that there is in fact an available market for the goods in issue

assistant: The best answer is A. holding that changes in the baseball card market between 1965 and 1980 foreclosed any argument that a definition of the relevant market by the federal trade commission could preclude relitigation of the market definition issue
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: All questions concerning the construction, validity, enforcement and interpretation of this Agreement shall be governed by the internal laws of the State of Delaware, without giving effect to any choice of law or conflict of law provision or rule (whether of the State of Delaware or any other jurisdictions) that would cause the application of the laws of any jurisdictions other than the State of Delaware. The Company hereby irrevocably submits to the exclusive jurisdiction of the state and federal courts sitting in the Borough of Manhattan in the City of New York, New York, for the adjudication of any dispute hereunder or in connection herewith or under any of the other Transaction Documents or with any transaction contemplated hereby or thereby, and hereby irrevocably waives, and agrees not to assert in any suit, action or proceeding, any claim that it is not personally subject to the jurisdiction of any such court, that such suit, action or proceeding is brought in an inconvenient forum or that the venue of such suit, action or proceeding is improper. The parties consent to the jurisdiction and venue of the foregoing courts and consent that any process or notice of motion or other application to any of said courts or a judge thereof may be served inside or outside the State of Illinois by registered mail, return receipt requested, directed to the party being served at its address set forth on the signature ages to this Agreement (and service so made shall be deemed complete three (3) days after the same has been posted as aforesaid) or by personal service or in such other manner as may be permissible under the rules of said courts. Each of the Company and the Stockholder irrevocably waives, to the fullest extent permitted by law, any objection which it may now or hereafter have to the laying of the venue of any such suit, action, or proceeding brought in such a court and any claim that suit, action, or proceeding has been brought in an inconvenient forum. EACH PARTY HEREBY IRREVOCABLY WAIVES ANY RIGHT IT MAY HAVE, AND AGREES NOT TO REQUEST, A JURY TRIAL FOR THE ADJUDICATION OF ANY DISPUTE HEREUNDER OR IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT OR ANY TRANSACTION CONTEMPLATED HEREBY.

assistant: Governing Laws