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: counsel for indigent defendants at trial, Gideon v. Wainwright, 372 U.S. 335, 344, 83 S.Ct. 792, 9 L.Ed.2d 799 (1963), and during their first appeal as of right, Douglas, 372 U.S. at 358, 83 S.Ct. 814, but refusing to extend that right to discretionary appeals. Wainwright v. Toma, 455 U.S. 586, 102 S.Ct. 1300, 71 L.Ed.2d 475 (1982); Ross v. Moffitt, 417 U.S. 600, 94 S.Ct. 2437, 41 L.Ed.2d 341 (1974). No reasonable jurist, even in light of the dicta in Evitts, could have interpreted these cases as requiring the kind of relief that Pursell now seeks. Granted, there are cases imposing general requirements on states when they venture into areas where they are not constitutionally required to tread. See, e.g., Goldberg v. Kelly, 397 U.S. 254, 262, 90 S.Ct. 1011, 25 L.Ed.2d 287 (1970) (<HOLDING>). These cases were adequately summarized in Options: A. holding that a state tort claim is a species of property protected by the due process clause B. holding that the eighth amendment applies only after the state has secured a formal adjudication of guilt in accordance with the due process of law C. holding that jury trial in civil cases is not so fundamental to the american system of justice as to be required of state courts by due process D. recognizing that plaintiff can bring action under due process clause of state constitution E. holding that although state is not required to operate welfare program it must do so in accordance with the due process clause

assistant: The best answer is E. holding that although state is not required to operate welfare program it must do so in accordance with the due process clause
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company shall use the collective proceeds from the sale of the Notes solely to finance the Acquisition. If the Rights Offering is completed after the date of this Agreement, then, as provided in the Notes, prior to conversion of the Notes into Common Stock, the Company shall use all of the net proceeds from the Rights Offering to repay the Note Obligations.

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: the authority of the Superior Court. See Hicks, 485 U.S. at 632 (“If the relief provided is a fine, it is . . . punitive when it is paid to the court, though a fine that would be payable to the court is also remedial when the defendant can avoid paying the fine simply by performing the affirmative act required by the court’s order.”); see also Roe I, 919 F.2d at 870 (“[I]f the fine is unconditionally payable to the court, the relief is punitive, not remedial, and the contempt proceeding is, by definition, criminal.”). Since the retroactive fine of $105,000 was fixed, unconditional, lacked a sufficient evidentiary basis, and was not made payable to VITA, the Court finds that it was a criminal contempt sanction. See, e.g., United States v. Pozsgai, 999 F.2d 719, 735 (3d Cir. 1993) (<HOLDING>); McDonald’s Corp., 727 F.2d at 87 (noting that Options: A. holding that a contempt order labeled by the district court as civil was actually a criminal contempt because the order was retroactive seeking to penalize previous violations and was punitive serving no compensatory purpose B. holding that 25 surcharge added to fees that otherwise would be compensatory was a criminal contempt sanction even though it was payable to the adverse party and not to the court reversing order for sanctions because court did not follow procedural requirements for criminal contempt C. holding corporation and its president in criminal contempt because previous order of civil contempt had not been purged D. holding that mothers failure to appeal prior contempt order precluded her challenge to prior order in appeal from later order entered based upon prior contempt order E. holding that a civil contempt defendant has a right to a jury trial when the act of contempt was not committed in the presence of the court and when the incarceration is in part punitive

assistant: The best answer is A. holding that a contempt order labeled by the district court as civil was actually a criminal contempt because the order was retroactive seeking to penalize previous violations and was punitive serving no compensatory purpose
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: case. See PI. Resp. at 4. The court, however, views the holding of California Federal Bank that a “causal connection between the breach and the loss of profits must be definitely established” is neither inconsistent nor incompatible and the court’s determination in this case that a causal connection between the breach and loss of reliance 347, 349-50 (5th Cir.1987) (recognizing an exception, under Mis sissippi law, to the rule that "a shareholder may maintain a nonderivative action for the violation of a duty owed directly to the shareholder as an individualf,]" but holding shareholder’s breach of fiduciary duty and misrepresentation claims were too speculative to qualify as individual injury to a shareholder); Gaff v. Federal Deposit Ins. Corp., 814 F.2d 311, 317-18 (6th Cir.1987) (<HOLDING>); with Twohy v. First Nat’l Bank of Chicago, Options: A. holding that unless a shareholder can show personal cause of action and personal injury claims for fraud and breach of fiduciary duty belong to the corporation and not the shareholder B. holding that corporation can file an answer when the plaintiffs cause of action is such as to endanger rather than advance corporate interests but not where the cause of action is fraud against the corporate directors C. holding that damages resulting from directors misconduct destroying the value of the corporate stock does not qualify as a direct or personal injuiy to a shareholder and will not support a tort action D. holding that defendants stock options are concrete and personal because they represent a species of compensation different from the one ordinarily accumulated by corporate officers and directors E. holding that subclinical asbestosrelated injuiy is not sufficient to support cause of action

assistant: The best answer is C. holding that damages resulting from directors misconduct destroying the value of the corporate stock does not qualify as a direct or personal injuiy to a shareholder and will not support a tort action
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The internal laws of the State of New York (without giving effect to any choice or conflict of law provision or rule (whether of the State of York or any other jurisdiction) that would cause the application of laws of any other jurisdiction) shall govern all matters arising out of or relating to this Subscription Agreement, including its interpretation, construction, performance and enforcement. Any action or proceeding arising out of or relating to this Subscription Agreement must be brought in the courts of the State of New York, New York County, or, if it has or can acquire jurisdiction, in the United States District Court for the Southern District of New York. Each of the parties knowingly, voluntarily and irrevocably submits to the exclusive jurisdiction of each such court in any such action or proceeding and waives any objection it may now or hereafter have to venue or to convenience of forum. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ALL RIGHTS TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM (WHETHER BASED ON CONTRACT, TORT OR OTHERWISE) ARISING OUT OF OR RELATING TO THIS SUBSCRIPTION AGREEMENT, OR ANY TRANSACTIONS CONTEMPLATED HEREBY. EACH OF THE PARTIES HERETO HEREBY WAIVES ANY RIGHT IT MAY HAVE TO TRANSFER OR CHANGE THE VENUE OF ANY LITIGATION BROUGHT AGAINST IT IN ACCORDANCE WITH THIS SECTION AND FURTHER WAIVES ANY CLAIM BASED ON FORUM NON CONVENIENS.

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 legal provision and list the applicable contract clause categories. Provision: During the Term of this Agreement, you shall perform all duties reasonably required of you in furtherance of your position as it relates to the Company’s business, provided all such duties assigned to you shall be consistent with the scope and dignity of your position hereunder. You will report to the Chairman and President of the Company (currently Rob Ellin) or, if in the future there is no executive bearing such title, to a substantially equivalent executive or an executive more senior than you in title or responsibility, or to such other senior or corporate executive as designated by the Company, in its reasonable discretion. You understand that during the Term of this Agreement, the Company shall have the discretion to make reasonable changes to your duties, or assign new duties to you, commensurate with your experience and skills and your current title (or new title, if any). You shall diligently and faithfully devote your full time, energy and skill to the promotion of the Company’s business interests and to the performance of your duties under this Agreement. You shall conduct yourself at all times so as to advance the best interests of the Company and shall not undertake or engage in any other business activities or continue or assume any other business affiliations which conflict or interfere with the performance of your services hereunder; provided , however , and notwithstanding anything to the contrary contained herein, during the Term, Employee may (a) invest in, and/or serve on advisory boards of or boards of directors (and in similar capacities) for, other companies or ventures which are not competitive with Company’s business and (b) engage in such additional activities as are described in Schedule A attached hereto and by this reference made a part hereof, provided that the time devoted to any such other activities does not interfere with Employee’s commitment to the Company as set forth in this paragraph and that the Company will have first priority for your services hereunder ahead of the services and/or activities described in subsections (a) and (b) of this Section 3. None of the permitted activities described above shall constitute a breach of this Agreement or any of Employee’s duties at common law or otherwise, so long as you are in full compliance with the Agreement. During the Term of this Agreement, you shall be governed by and be subject to all of Company’s rules and regulations that are applicable to employees generally or to employees at your salary grade or organizational level. If and when Company shall have a Code of Conduct and Employee Handbook, you shall be bound by and fully comply with its terms and conditions.

assistant: Duties
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: all arbitration proceedings will be closed to the public and confidential and all records relating thereto will be permanently sealed , except as necessary to obtain court confirmation of the arbitration award .

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: Employee acknowledges and affirms his compliance with the Invention, Non-Disclosure and Non-Competition Agreement, which he signed on March 27, 2018 (the “ Non-Disclosure Agreement ”) and remains a condition of employment.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Henry Dana, Jr., ed., 8th ed. 1866) (distinguishing between a vessel’s “ostensible nationality,” which is indicated by its flag and documents, and its “actual nationality, which depends on the domicile of the owner and other facts”). Under international law, “[a] vessel may be considered as possessing the nationality of a State even though she is unregistered, possesses no documents evidencing that nationality, nor even flies the flag of that State.” N.P. Ready, Ship Registration 3 (3d ed.1998); see also McDorman, supra, at 533 (“Determining vessel nationality ... is not just a question of documentation of the vessel!,] and a vessel literally without a flag, not being a vessel registered in a country, is not necessarily stateless or without nationality.”); Rosero, 42 F.3d at 172-73 (<HOLDING>). Even pirate ships possessing no documents and Options: A. holding that it was improper for the trial court to instruct the jury that it could not consider the states failure to videotape the defendant B. holding that the trial court erred in failing to instruct the jury that it could find constructive notice from evidence that the defendants knew of a recurring dangerous condition C. holding that although it is proper to instruct the jury that it may consider whether the factual predicates necessary to establish the prima facie case have been shown it is error to instruct the jury on the mcdonnell douglas burden shifting scheme D. holding that it was error to instruct the jury that it could find a vessel genuinely stateless based on an unstructured weighing of the totality of the evidence including various indicators of nationality E. holding that there was no error at all much less plain error in failing to instruct the jury that it was required to find drug quantity beyond a reasonable doubt

assistant: The best answer is D. holding that it was error to instruct the jury that it could find a vessel genuinely stateless based on an unstructured weighing of the totality of the evidence including various indicators of nationality
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: if you cancel your airbnb account as a guest , any confirmed booking ( s ) will be automatically cancelled and any refund will depend upon the terms of the listing 's cancellation policy .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: 456.072(l)(k) and 458.331(l)(g). Although the statutes Dr. Pendergraft is charged with violating may provide penal sanctions, there is no explicit statutory requirement that a licensee be adjudicated guilty of the acts specified in the penal statutes before disciplinary action may be instituted. In fact, both sections 456.072(l)(c) and 458.331(l)(c), Florida Statutes (2005), allow disciplinary action, regardless of adjudication, for crimes the licensee may have committed in any jurisdiction relating to the practice of, or the ability to practice, medicine. Further, even an acquittal in a criminal prosecution will not bar a license revocation proceeding based upon the same offense as the criminal prosecution. State ex rel. De Gaetani v. Driskell, 139 Fla. 49, 190 So. 461, 463 (1939) (<HOLDING>); see State ex rel. Sbordy v. Rowlett, 138 Fla. Options: A. holding that revocation of medical license does not violate the ex post facto clause B. holding probation revocation is not a stage of a criminal prosecution C. holding that collateral estoppel does not require a criminal court to accept as binding an administrative proceedings license revocation determination D. holding revocation of appellants medical license not barred by previous acquittal on charge of criminal abortion even though criminal charge was basis of license revocation proceeding E. holding that the suspension or revocation of a drivers license is not a sanction which once imposed precludes the application of criminal sanctions

assistant: The best answer is D. holding revocation of appellants medical license not barred by previous acquittal on charge of criminal abortion even though criminal charge was basis of license revocation proceeding
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: if you believe that anyone is abusing , or attempting to abuse the service , or breaching any of the terms in this agreement or in the privacy policy , please report this to us at : support@sync.me .

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: Neither of the Credit Parties are in material violation of any term of or in default under its certificate or articles of incorporation or bylaws or other governing documents. Neither of the Credit Parties are in material violation of any judgment, decree or order or to the best of their knowledge, any statute, ordinance, rule or regulation applicable to the Credit Parties and material to their business. Schedule 6.19 sets forth all United States federal andstate regulatory licenses and foreign regulatory licenses which to Credit Parties’ knowledge, are necessary to conduct the respective businesses of the Credit Parties, and except as set forth on Schedule 6.19, all of such United State federal and state regulatory licenses and foreign regulatory licenses are valid and in effect and none of the Credit Parties have received any notice of proceedings relating to the revocation or modification of any such United State federal and state regulatory licenses and foreign regulatory licenses.

assistant: Compliance With 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 following U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 362 U.S. 214 80 S.Ct. 629 4 L.Ed.2d 666 Clarence Duke McGANN, Petitioner,v.UNITED STATES. No. 153. Argued March 3, 1960. Decided March 21, 1960. Mr. Thomas Homer Davis, Austin, Tex., for petitioner. Mr. Theodore G. Gilinsky, Washington, D.C., for respondent. PER CURIAM. 1 The writ of certiorari was improvidently granted and must be dismissed. When the case was brought here, on the meager documentation which so often is all that is presented by indigent prisoners seeking review on their own behalf, we assumed that a question involving the construction of 28 U.S.C. § 2255, 28 U.S.C.A. § 2255, called for adjudication. After argument, it became clear that the question of construction is not appropriately presented by the record because petitioner's claim upon the merits was fully considered and decided below, and we find his challenge of that action to be so insubstantial as not to have warranted bringing the case here. 2 Writ dismissed.

assistant: 9
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: “custody”] is to determine what were “the circumstances surrounding the interrogation” — a “distinctly factual” inquiry as to which “we must defer to the trial judge’s factual findings and accept any reasonable inferences [she] has drawn from the evidence.” In re J.H., 928 A.2d at 650-51. The issue of “whether on the duly established facts, appellant was subject to custodial interrogation without the benefit of Miranda warnings” is a legal one, which we review de novo. Hill v. United States, 858 A.2d 435, 442 (D.C. 2004). As the Supreme Court has observed, “[u]nfortunately, the task of defining ‘custody is a slippery one.” Oregon v. Elstad, 470 U.S. 298, 309, 105 S.Ct. 1285, 84 L.Ed.2d 222 (1985); see also Berkemer v. McCarty, 468 U.S. 420, 441, 104 S.Ct. 3138, 82 L.Ed.2d 317 (1984) (<HOLDING>). It is clear, however, that an individual may Options: A. holding officer was performing discretionary act in deciding when and how to arrest suspect B. recognizing that not all statements obtained by the police after a person has been taken into custody are to be considered the product of interrogation C. holding that although interrogation may not continue after a suspect has requested counsel the police legitimately may inquire whether the suspect has changed his mind about speaking to them without an attorney D. recognizing that police and the courts will continue occasionally to have difficulty deciding exactly when a suspect has been taken into custody E. holding that police officers had probable cause to arrest a suspect where the facts suggest a fair probability that the suspect has committed a crime

assistant: The best answer is D. recognizing that police and the courts will continue occasionally to have difficulty deciding exactly when a suspect has been taken into custody
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 Obligor, each Obligor’s respective successors-in-title, legal representatives, and assignees and, to the extent the same is claimed by right of, through, or under any Obligor, their past, present, and future employees, agents, representatives, officers, directors, shareholders, and trustees, do hereby forever remise, release, and discharge each Lender Party, and each Lender Party’s respective successors-in-title, affiliates, subsidiaries, legal representatives, and assignees, past, present, and future officers, directors, shareholders, trustees, agents, employees, consultants, experts, advisors, attorneys, and other professionals (collectively, the “ Lender Group ”), from any and all manner of action and actions, cause and causes of action, defenses, counterclaims, setoffs, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, damages, judgments, expenses, executions, liens, claims of liens, claims of costs, penalties, attorneys’ fees, or any other compensation, recovery, or relief (including subordination of claims) (collectively, “ Claims ”) on account of any loss, liability, obligation, demand, or cause of action of whatever nature relating to, arising out of, or in connection with the Loan Agreement or any other Finance Document, including, but not limited to, acts, omissions to act, actions, negotiations, discussions, and events resulting in the finalization and execution of this Fourth Waiver or the Forbearance and Waiver Agreement, as, among, and between the Obligors and the Lender Parties, such Claims whether now accrued and whether now known or hereafter discovered, from the beginning of time through the date hereof, and specifically including, without any limitation, any claims of liability asserted or that could have been asserted with respect to, arising out of, or in any manner whatsoever connected directly or indirectly with any “lender liability-type” claim.

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 legal provision and list the applicable contract clause categories. Provision: The Company shall pay or reimburse Executive for all reasonable, ordinary and necessary business expenses incurred or paid by Executive during the Term in the performance of Executive’s services under this Agreement in accordance with the applicable policies and procedures of the Company as in effect from time to time, upon the presentation of proper expense statements or such other supporting documentation as the Company may reasonably require.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: the terms of this agreement and privacy policy and any supplemental or incorporated documents or policies constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements , written or oral , regarding such subject matter .

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: This Agreement may be executed by the parties hereto in any number of separate counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. In this regard, each of the parties hereto acknowledges that a counterpart of this Agreement containing a set of counterpart execution pages reflecting the execution of each party hereto shall be sufficient to reflect the execution of this Agreement by each party hereto and shall constitute one instrument.

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: on the day of plaintiff’s accident, nor did it claim that plaintiff's booking was not governed by the contract. It merely argued that: "the moving Defendant is not being sued by a parly with whom it was in a contractual relationship. The moving Defendant did not enter into any contract with Plaintiff, written or otherwise, in New Jersey.” 7 No evidence was presented that would quantify the difference in damages available in New Jersey and Quintana Roo. 8 Quintana Roo's interest is in fact similar to that of Virginia, which we found to be a "significant interest in deterring unsafe property conditions and unsafe conduct of people and enterprises located there.” O'Connor, supra, 255 N.J.Super. at 549, 605 A.2d 773. See also Shuder v. McDonald's Corp., 859 F.2d 266, 271 (3d Cir.1988) Options: A. recognizing that california has a valid interest in protecting a california company from copyright infringement B. recognizing strong interest in protecting texas citizens where tort was committed in whole or in part in texas C. holding that the governments interest in the welfare of children embraces not only protecting children from physical abuse but also protecting childrens interest in the privacy and dignity of their homes and in the lawfully exercised authority of their parents D. recognizing virginias interest in protecting defendants from claims and in holding down insurance costs E. recognizing minnesotas interest in protecting the interests of the child

assistant: The best answer is D. recognizing virginias interest in protecting defendants from claims and in holding down insurance costs
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: Sell, lease, transfer or otherwise dispose of, or permit any of its Material Subsidiaries to sell, lease, transfer or otherwise dispose of, any assets, or grant any option or other right to purchase, lease or otherwise acquire any assets to any Person other than the Borrower or any Subsidiary of the Borrower, except (i) dispositions in the ordinary course of business, including, without limitation, sales or other dispositions of electricity and related and ancillary services, other commodities, emissions credits and similar mechanisms for reducing pollution, and damaged, obsolete, worn out or surplus property no longer required or useful in the business or operations of the Borrower or any of its Subsidiaries, (ii) sale or other disposition of patents, copyrights, trademarks or other intellectual property that are, in the Borrower’s reasonable judgment, no longer economically practicable to maintain or necessary in the conduct of the business of the Borrower or its Subsidiaries and any license or sublicense of intellectual property that does not interfere with the business of the Borrower or any Material Subsidiary, (iii) in a transaction authorized by subsection (b) of this Section, (iv) individual dispositions occurring in the ordinary course of business which involve assets with a book value not exceeding $5,000,000, (v) sales, leases, transfers or dispositions of assets during the term of this Agreement having an aggregate book value not to exceed 30% of the total of all assets properly appearing on the most recent balance sheet of the Borrower provided pursuant to Section 4.01(e)(i) or Section 5.01(h)(ii) hereof, (vi) at any time following the consummation of the Four Corners Acquisition, which occurred on December 30, 2013, and the closure by the Borrower of Units 1, 2 and 3 of the Four Corners Power Plant near Farmington, New Mexico, as described in the SEC Reports, disposition of all or any portion of the Borrower’s interests in such Units 1, 2 and 3, and (vii) any Lien permitted under Section 5.02(a).

assistant: Sales
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 Amendment shall be effective from the First Amendment Date and in full force and effect until the expiration or termination of Original Agreement. Except as expressly provided in this Amendment, the Original Agreement remain unmodified and in full force and effect.

assistant: Miscellaneous
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: apartment # 3 constituted an illegal search for Fourth Amendment purposes, and the fruit of that search, which was the information that Jackson’s key fit the lock, was used to obtain the search warrant for apartment # 3. Thus, Taylor argues that the corrected search warrant for apartment # 3 was tainted and invalid because it was fruit of the poisonous tree. The Eighth Circuit has not decided whether trying a key in a lock constitutes a search for purposes of the Fourth Amendment. See United States v. Dickson, 58 F.3d 1258, 1264 (8th Cir.), superseded on other grounds, 64 F.3d 409 (8th Cir.1995), cert. denied, — U.S. -, 116 S.Ct. 747, 133 L.Ed.2d 695 (1996). The federal courts of appeals are split on this issue. See, e.g., United States v. Concepcion, 942 F.2d 1170, 1172 (7th Cir.1991) (<HOLDING>); United States v. Lyons, 898 F.2d 210, 212-13 Options: A. holding that in a 1983 action issue of probable cause is for the jury B. holding that although the owner of a lock has enough privacy interest in a keyhole to make the inspection of that lock a search the privacyinterest is so small that no probable cause is needed to inspect it C. holding that a defendant has no constitutional right to challenge the search or seizure of property belonging to a third party even if the search was without probable cause D. holding that the subjective intent of the officer is no longer determinative wjhen applying the objective test generally the only determination to be made is whether probable cause existed for the stop in question and that per whren a violation of traffic law provided sufficient probable cause to make the subsequent search and seizure reasonable E. recognizing that a greater expectation of privacy exists in property that is carried on ones person so that probable cause is required

assistant: The best answer is B. holding that although the owner of a lock has enough privacy interest in a keyhole to make the inspection of that lock a search the privacyinterest is so small that no probable cause is needed to inspect it
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: we and you agree that for any dispute ( except for excluded disputes ) we and you must commence an arbitration proceeding within one year after the dispute first arose ; otherwise such dispute is permanently barred .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of a State court ... on the ground that [the person applying] is in custody in violation of the Constitution ... of the United States.” 28 U.S.C. § 2254(a). That characterizes Cook’s petition precisely. Cf James, 308 F.3d at 166-67. Cook argues, however, that section 2254 is not applicable to his petition because his custody is “pursuant to” an order of the parole board rather than a state court. Cook bases his argument on a series of cases in which we concluded that federal prisoners whose complaints were not directed at the imposition of their sentences could seek habeas relief under 28 U.S.C. § 2241 and thereby avoid the strictures of section 2255, section 2254’s analog for federal prisoners. See, e.g., Carmona v. United States Bureau of Prisons, 243 F.3d 629, 632 (2d Cir.2001) (<HOLDING>); Murphy v. United States, 199 F.3d 599, 601 n. Options: A. holding that a second state court conviction for simple possession of narcotics is an aggravated felony as defined in 8 usc 1101a43 B. holding special conditions of probation must be imposed at sentencing and may not be imposed at resentencing C. holding that administrative sanctions imposed for possession of narcotics while federally incarcerated may be challenged under section 2241 D. holding that a sentencing decision will be affirmed if challenged factor is permissible and other factors are not challenged E. holding that evidence supported finding of constructive possession of concealed narcotics in part because narcotics paraphernalia was found in residence

assistant: The best answer is C. holding that administrative sanctions imposed for possession of narcotics while federally incarcerated may be challenged under section 2241
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 provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns. Neither this Agreement nor any of the rights, interests or obligations under this Agreement shall be assigned by any party to this Agreement (by operation of Law or otherwise) without the prior written consent of the other parties to this Agreement.

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 legal provision and list the applicable contract clause categories. Provision: As a condition of the award of this RSU Award, Grantee agrees to repatriate all payments attributable to the RSU Award in accordance with local foreign exchange rules and regulations in Grantee’s country of residence (and country of employment, if different). In addition, Grantee agrees to take any and all actions, and consents to any and all actions taken by the Company and its Affiliates, as may be required to allow the Company and its Affiliates to comply with local laws, rules and regulations in Grantee’s country of residence (and country of employment, if different). Finally, Grantee agrees to take any and all actions that may be required to comply with his or her personal legal and tax obligations under local laws, rules and regulations in Grantee’s country of residence (and country of employment, if different).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Whenever notice is required to be given under this Warrant, unless otherwise provided herein, such notice shall be given in accordance with Section 9(f) of the Securities Purchase Agreement. The Company shall provide the Holder with prompt written notice of all actions taken pursuant to this Warrant (other than the issuance of shares of Common Stock upon exercise in accordance with the terms hereof), including in reasonable detail a description of such action and the reason therefor. Without limiting the generality of the foregoing, the Company will give written notice to the Holder (i) immediately upon each adjustment of the Exercise Price and the number of Warrant Shares, setting forth in reasonable detail, and certifying, the calculation of such adjustment(s), (ii) at least fifteen (15) days prior to the date on which the Company closes its books or takes a record (A) with respect to any dividend or distribution upon the shares of Common Stock, (B) with respect to any grants, issuances or sales of any Options, Convertible Securities or rights to purchase stock, warrants, securities or other property to holders of shares of Common Stock or (C) for determining rights to vote with respect to any Fundamental Transaction, dissolution or liquidation, provided in each case that such information shall be made known to the public prior to or in conjunction with such notice being provided to the Holder, (iii) at least ten (10) Trading Days prior to the consummation of any Fundamental Transaction and (iv) within one (1) Business Day of the occurrence of an Event of Default (as defined in the Notes), setting forth in reasonable detail any material events with respect to such Event of Default and any efforts by the Company to cure such Event of Default. To the extent that any notice provided hereunder constitutes, or contains, material, non-public information regarding the Company or any of its Subsidiaries, the Company shall simultaneously file such notice with the SEC (as defined in the Securities Purchase Agreement) pursuant to a Current Report on Form 8-K. If the Company or any of its Subsidiaries provides material non-public information to the Holder that is not simultaneously filed in a Current Report on Form 8-K and the Holder has not agreed to receive such material non-public information, the Company hereby covenants and agrees that the Holder shall not have any duty of confidentiality to the Company, any of its Subsidiaries or any of their respective officers, directors, employees, affiliates or agents with respect to, or a duty to any of the foregoing not to trade on the basis of, such material non-public information. It is expressly understood and agreed that the time of execution specified by the Holder in each Exercise Notice shall be definitive and may not be disputed or challenged by the Company.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: a petition pursuant to 28 U.S.C. § 2255. See Clay v. United States, 537 U.S. 522, 123 S.Ct. 1072, 1074, 155 L.Ed.2d 88 (2003) (“[A] judgment of conviction becomes final when the time expires for filing a petition for certiorari contesting the appellate court’s affirmation of the conviction.”); Green v. United States, 260 F.3d 78, 80 (2d Cir.2001) (“Congress imposed a ‘1-year period of limitation’ on section 2255 motions, which runs, in this case, from ‘the date on which the judgment of conviction becomes final.’ ”). Baldayaque filed his pro se petition on November 28, 2000, more than 30 months late. However, the court believed that the facts of Baldayaque’s case suggested that the limitations period might be equitably tolled, rendering the petition timely. See Green, 260 F.3d at 82 (<HOLDING>). The court appointed counsel for Baldayaque to Options: A. holding that equitable tolling is available for petitions filed pursuant to 28 usc 2255 B. holding statute of limitations period defined in 28 usc 2244d is subject to equitable tolling C. holding that equitable tolling under 2255 would be allowed if at all only for extraordinary circumstances D. holding that it is unconstitutional for a us magistrate judge to exercise jurisdiction pursuant to 28 usc 636c over a 2255 motion E. holding that oneyear limitations period set forth in 2255 is not a jurisdictional bar and is thus subject to equitable tolling

assistant: The best answer is A. holding that equitable tolling is available for petitions filed pursuant to 28 usc 2255
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: spotify reserves the right , in its absolute discretion , to determine your eligibility for a trial , and , subject to applicable laws , to withdraw or to modify a trial at any time without prior notice and with no liability , to the greatest extent permitted under the law .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of this argument. To the contrary, the cases Marshak has most heavily relied upon in this litigation show that “in general, neither opposition to registration nor a petition for cancellation under 15 U.S.C., section 1064, is a prerequisite to a cancellation counterclaim in an infringement action.” Marshak v. Green, 505 F.Supp. at 1060; see also Orient Express Trading Company, Ltd. v. Federated Department Stores, Inc., 842 F.2d 650 (2d Cir.1988). d) Equitable Relief In light of the overwhelming evidence of fraud presented in this case, the Court declines to exercise its equitable powers on Marshak’s behalf. This Court therefore rejects Marshak’s invocation of the doctrine of laches. See Bausch & Lomb, Inc. v. Leupold & Stevens, Inc., 1 U.S.P.Q.2d 1497, 1499, 1986 WL 83320 (TTAB 1986)(<HOLDING>). The Court also declines to grant Mars-hak Options: A. recognizing laches as an equitable defense to a motion to reopen B. holding that laches is an affirmative defense C. holding that equitable defense of laches is inapplicable to claims of fraud D. holding that a laches defense is inapplicable to a statute providing that a motion to vacate a sentence may be made at any time E. holding that where defense of laches was not pleaded denial of equitable relief on grounds of laches was error

assistant: The best answer is C. holding that equitable defense of laches is inapplicable to claims of fraud
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: not render a lineup impermissibly suggestive: “neither due process nor common sense requires” that the other pictures used in a photographic array exactly match the defendant’s characteristics. Turner v. State, 600 S.W.2d 927, 933 (Tex.Crim.App.1980). Rather," the array must show individuáis who fit a rough description of the suspect. Wilson v. State, 15 S.W.3d 544, 553 (Tex.App.—Dallas 1999, pet. ref'd). A difference in the shirt colors or patterns does not, by itself, render a photographic lineup impermissibly suggestive. See Cienfuegos v. State, 113 S.W.3d 481, 492 (Tex.App.—Houston [1st Dist.] 2003, pet. ref'd) (“The mere fact that appellant wore a red shirt did not render the lineup impermissibly suggestive.”); Epps v. State, 811 S.W.2d 237, 244 (Tex.App.—Dallas 1991, no pet.) (<HOLDING>), cited in Cienfuegos, 113 S.W.3d at 492; Options: A. holding that lineup was admissible even where the defendant stood out because of a facial scar and a filed down tooth B. holding that a defendant was entitled to counsel at a postindictment lineup C. holding that where defendant was not subject to custodial interrogation agent did not violate the fifth amendment by contacting defendant for questioning after defendant refused to answer questions without a lawyer present D. holding photographic lineup not suggestive where defendant was only subject wearing jacket or jacket and red shirt E. holding that defendant was seized where the officer told defendant that she knew that he was on probation defendant admitted to the officer that he had given her a false name and defendant was asked for consent to search a backpack because a reasonable inference was that defendant was the subject of a continuing investigation and his or her freedom of movement had been significantly restricted by the officers show of authority

assistant: The best answer is D. holding photographic lineup not suggestive where defendant was only subject wearing jacket or jacket and red shirt
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of the average layper son.” Dominguez, 183 Cal.App.4th at 396, 107 Cal.Rptr.3d 739. Applying this standard, courts find limiting language to not be plain and clear where the provision is ambiguous, the provision uses complicated words not within the knowledge of average lay persons, or where the language is “confusing.” Haynes, 32 Cal.4th at 1211, 13 Cal.Rptr.3d 68, 89 P.3d 381 (finding exclusion not plain and clear because the exclusion used ambiguous terms that were not obvious on their face, involved cross-references between multiple definitions and documents not in the insured’s possession, and used “confusing language surrounding and introducing the actual text of the” exclusion); see also Ponder v. Blue Cross of S. Cal., 145 Cal.App.3d 709, 723, 193 Cal.Rptr. 632 (1983) (<HOLDING>). However, if the limiting language “clearly Options: A. holding that a broad statutory definition of a term that was inconsistent with the terms plain meaning did not affect the terms definition in other contexts B. holding that clause excluding coverage for temporomandibular joint syndrome without a definition for that disease was not plain and clear because it is a technical medical term C. holding that it is not D. holding that an error is plain if it is clear or obvious E. holding that where the language of a statute is clear and without ambiguity the plain meaning is to be accepted without resorting to the rules of interpretation

assistant: The best answer is B. holding that clause excluding coverage for temporomandibular joint syndrome without a definition for that disease was not plain and clear because it is a technical medical term