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: to assume or reject executory contracts; at the end of that 60-day period, all executory contracts not assumed by the trustee are deemed rejected. This automatic rejection “constitutes a breach of such contract ... immediately before the date of the filing of the petition.” 11 U.S.C. § 365(g). The provisions of the Agreement, therefore, are deemed not to have been in effect on the valuation date of June 14,1993. The debtor’s bankruptcy petition (Exhibit 12) indicates that he did not schedule the Agreement as an executory contract. The debtor’s failure to schedule the Agreement does not toll the running of the 60-day period, see, e.g., Cheadle v. Appleatchee Riders Ass’n (In re Lovitt), 757 F.2d 1035, 1041 (9th Cir.1985), cert. denied, 474 U.S. 849, 106 S.Ct. 145, 88 L.Ed.2d 120 (1985) (<HOLDING>); Carrico v. Tompkins (In re Tompkins), 95 B.R. Options: A. recognizing section 365 as the exclusive remedy in the context of executory contracts B. holding that the court was not bound by the parties agreement that contracts were unambiguous and holding that contracts were ambiguous C. holding that the convention and us implementing statutes do not recognize an exception for seaman employment contracts and concluding that such contracts are commercial for purposes of same D. holding that under the bankruptcy act trustee has an affir mative duty to investigate for unscheduled executory contracts and that the statutory presumption of rejection of such contracts not assumed within 60 days is conclusive E. holding that at will contracts of employment are subject to tortious interference with contracts claims

assistant: The best answer is D. holding that under the bankruptcy act trustee has an affir mative duty to investigate for unscheduled executory contracts and that the statutory presumption of rejection of such contracts not assumed within 60 days is conclusive
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: these terms constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings 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: Each Party agrees that money damages alone would not be an adequate remedy for any breach of the terms and conditions of this Section 11.14 . Therefore, in the event of a breach or threatened breach of this Section 11.14 , the non-breaching Party may, in addition to other rights and remedies existing in its favor, apply to any court of competent jurisdiction for specific performance and/or injunctive and/or other relief in order to enforce and/or prevent any violation of the provisions of this Section 11.14 by the breaching Party (without proving monetary damages and/or posting a bond and/or other security).

assistant: Enforcements
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 terminated by any Purchaser, as to such Purchaser’s obligations hereunder only and without any effect whatsoever on the obligations between the Company and the other Purchasers, by written notice to the other parties, if the Closing has not been consummated on or before June 13, 2016; provided , however , that such termination will not affect the right of any party to sue for any breach by any other party (or parties).

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

user: Read the following U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 516 U.S. 415116 S.Ct. 1036134 L.Ed.2d 46 UNITED STATES, FEDERAL COMMUNICATIONS COMMISSION and JANET RENO, ATTORNEY GENERAL, PETITIONERSv.CHESAPEAKE AND POTOMAC TELEPHONE COMPANY OF VIRGINIA et al. No. 94-1893 NATIONAL CABLE TELEVISION ASSOCIATION, INCORPORATED, PETITIONER v. BELL ATLANTIC CORPORATION et al. No. 94-1900 Supreme Court of the United States Argued December 6, 1995 Decided February 27, 1996 On Writs of Certiorari to the United States Court of Appeals for the Fourth Circuit. Per Curiam. 1 The judgment is vacated and the cases are remanded to the United States Court of Appeals for the Fourth Circuit for consideration of the question whether they are moot.

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 legal provision and list the applicable contract clause categories. Provision: Other than consummating the transactions contemplated hereunder, such Purchaser has not, nor has any Person acting on behalf of or pursuant to any understanding with such Purchaser, directly or indirectly executed any purchases or sales, including Short Sales, of the securities of the Company during the period commencing as of the time that such Purchaser first received a term sheet (written or oral) from the Company or any other Person representing the Company setting forth the material terms of the transactions contemplated hereunder and ending immediately prior to the execution hereof. Notwithstanding the foregoing, in the case of a Purchaser that is a multi-managed investment vehicle whereby separate portfolio managers manage separate portions of such Purchaser’s assets and the portfolio managers have no direct knowledge of the investment decisions made by the portfolio managers managing other portions of such Purchaser’s assets, the representation set forth above shall only apply with respect to the portion of assets managed by the portfolio manager that made the investment decision to purchase the Shares covered by this Agreement. Other than to other Persons party to this Agreement or to such Purchaser’s representatives, including, without limitation, its officers, directors, partners, legal and other advisors, employees, agents and Affiliates, such Purchaser has maintained the confidentiality of all disclosures made to it in connection with this transaction (including the existence and terms of this transaction). Notwithstanding the foregoing, for the avoidance of doubt, nothing contained herein shall constitute a representation or warranty, or preclude any actions, with respect to locating or borrowing shares in order to effect Short Sales or similar transactions in the future.

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 legal provision and list the applicable contract clause categories. Provision: To the extent not preempted by federal law, this Agreement will be construed and enforced in accordance with, and governed by, the laws of the State of New York, without giving effect to its conflicts of law principles that would require the application of the law of any other jurisdiction.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of an absolute bar to the availability of laches as a legal defense against the state has never been held by the Ohio Supreme Court. Adams Cty. Child Support Enforcement Agency v. Osborne (May 3, 1996), 4th Dist. No. 95CA592, 1996 WL 230038 (stating that the trial court abused its discretion by failing to find that the doctrine of laches bars CSEA from seeking child support under certain facts). Instead, it has been held that laches is not applicable under the specific facts of a case. Id., citing Athens Cty. Prop. Owners Assn. v. Athens (Aug. 26, 1992), 4th Dist. No. 1482, 1992 WL 209497. For example, the Ohio Supreme Court has held that laches may be applicable in parentage actions but only if material prejudice is shown. Wright v. Oliver (1988), 35 Ohio St.3d 10, 12, 517 N.E.2d 883 (<HOLDING>). Furthermore, the Fourth Appellate District Options: A. holding that the state police is a state agency B. holding that an assertion of prejudice is not a showing of prejudice C. holding that a state agency created under state law was a state actor D. holding that material prejudice was not present under the facts however an agency of the state was not a party to the action E. holding that the state courts determination that the petitioner could not show prejudice because he did not allege that the witness was available to testify was a reasonable application of federal law to the facts of the case

assistant: The best answer is D. holding that material prejudice was not present under the facts however an agency of the state was not a party to the action
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: is an essential component of the administration of justice. Properly administered, it is to be encouraged. If every criminal charge were subjected to a full-scale trial, the States and the Federal Government would need to multiply by many times the number of judges and court facilities.”); People v. Selikoff, 35 N.Y.2d 227, 360 N.Y.S.2d 623, 318 N.E.2d 784, 788 (1974) (“[Plea negotiations] are essential to relieve court calendar congestion and they relieve the prosecution and defense from the risks and uncertainties of trial.”) 4. Modern Acceptance (1970s-Today) Today, approximately ninety-four percent of all state convictions and ninety-seven percent of all federal convictions are resolved by plea bargaining. See Missouri v. Frye, — U.S, -, 132 S.Ct. 1399, 1407, 182 L.Ed.2d 379 (2012) (<HOLDING>). Plea bargaining has become a reflexive Options: A. holding failure of prosecution to disclose evidence that may be favorable to the accused is a violation of the due process clause of the fourteenth amendment B. holding that defense counsel had duty to communicate formal offer from the prosecution to accept a plea on terms and conditions that may be favorable to the accused C. holding that defense counsel has the duty to communicate formal offers from the prosecution D. holding that to demonstrate prejudice resulting from counsels deficient performance that caused a defendant to forgo a favorable plea offer a defendant must show that he would have accepted the offer to plead and that there is a reasonable probability neither the prosecution nor the trial court would have prevented the offer from being accepted or implemented E. holding that the prosecution must disclose evidence favorable to the accused that is material either to guilt or to punishment

assistant: The best answer is B. holding that defense counsel had duty to communicate formal offer from the prosecution to accept a plea on terms and conditions that may be favorable to the accused
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: is a ‘physical condition’ usually evidenced by unsteadiness on the feet, slurring of speech, lack of body coordination and an impairment of motor reflexes.’ ” State v. Teaster, 962 S.W.2d 429, 431 (Mo.App.1998) (quoting State v. Ruark, 720 S.W.2d 453, 454 (Mo.App.1986)). As such, “[i]ntoxication may be proven by any witness who had a reasonable opportunity to observe the defendant’s physical condition, and intoxication is usually evidenced by unsteadiness on the feet, slurred speech, lack of body coordination and impaired motor reflexes.” State v. Scholl, 114 S.W.3d 304, 307 (Mo.App.2003). “When properly qualified by professional background and experience, a law enforcement officer who has had sufficient opportunity to observe the accused may testify as an expert w (Mo.App.2005) (<HOLDING>). Further, Appellant refused to fully perform Options: A. holding that circumstantial evidence may support temporal link between defendants intoxication and his driving B. holding that financial disincentives on speech burden first amendment rights for purposes of the pickering balance C. holding that bloodshot and watery eyes slurred speech and the smell of alcohol on ones breath are indicia of intoxication D. holding that indicia of intoxication include defendants swaying poor balance slow and slurred speech and strong odor of intoxicants on defendants breath E. recognizing such balance of interests

assistant: The best answer is D. holding that indicia of intoxication include defendants swaying poor balance slow and slurred speech and strong odor of intoxicants on defendants breath
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: however, courts have required the successful claimant to bear at least some of those costs. See, e.g., United States v. One 1970 Buick Riviera, 374 F.Supp. 277 (D.Minn.1973) (dividing the costs incurred in keeping a seized automobile between the government and the successful litigant). It appears to us that either decision depends, as the court below recognized, on the equities implicated by the facts of a particular case. It also appears that the district court carefully and competently weighed the equities in this case before assessing costs against Griffin. On the peculiar facts before us, therefore, we find that the district court did not abuse its discretion in apportioning costs between the two parties. As Judge Steger pointe Currency, 799 F.2d 1357, 1364 n. 8 (9th Cir.1986) (<HOLDING>); Bramble v. Richardson, 498 F.2d 968 (10th Options: A. holding that parole guidelines are subject to the ex post facto clause B. holding that the ex post facto clause did not apply because the civil contempt citation was not punitive C. holding that because of its civil nature section 881 is not subject to the ex post facto clause D. holding that the ex post facto clause has no application to deportation E. holding that the supreme courts ex post facto precedents do not clearly establish that amended section 29336 violates the ex post facto clause

assistant: The best answer is C. holding that because of its civil nature section 881 is not subject to the ex post facto 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 closing of the transactions contemplated hereby (the “ Closing ”) will take place remotely via the electronic exchange of documents and signatures on June 30, 2016 (the “ Closing Date ”). Except as specifically provided herein, all proceedings to be taken and all documents to be executed and delivered by all Parties at the Closing will be deemed to have been taken and executed simultaneously and no proceedings will be deemed to have been taken nor documents executed or delivered until all have been taken, executed and delivered. The effective time of the Closing will be 12:01 a.m. Pacific Time on the day that follows the Closing Date.

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 legal provision and list the applicable contract clause categories. Provision: This Agreement will be governed by and construed under the laws of the State of Delaware, without giving effect to the conflicts of laws provision thereof. For the avoidance of doubt, the United Nations Convention on Contracts for the International Sale of Goods (1980) will not apply to the interpretation of this Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: would even affect the payment of the JT & T parties’ claim. The JT & T parties have not provided this court with any description of their claim or the assets out of which that claim could potentially be paid, much less pointed to evidence in the record to substantiate any such allegations. Without this kind of evidence, it is impossible to ascertain whether there is a reasonable likelihood that the JT & T parties would actually be harmed in their capacity as creditors by the grant of derivative standing. If, for example, the estate contains little of value aside from the fraudulent conveyance claims and the JT & T parties’ claim is unsecured and subordinate to those of all other creditors, it is very possible that the JT & T p 94-1109, 1995 WL 66622, at *2 (6th Cir. Feb.16, 1995) (<HOLDING>); Chemlen v. Bank of Ir. First Holdings, Inc., Options: A. holding that beneficiaries of an estate lacked standing under rico to sue for an injury derivative of the estates injury B. holding that the debtors had standing to challenge the settlement of the estates right to sue various entities because the outcome of this litigation could potentially have a huge effect on the liabilities of the debtors and could give them a substantial surplus upon emerging from bankruptcy C. holding that the decedents estate had standing because the traditional requirement that the plaintiff show an injury in fact that is fairly traceable to the conduct of the defendant is met by the allegation in the complaint that the defendants actions resulted in the diminishment of the assets of the estate D. holding that debtors lacked appellate standing because they had not provided information regarding the estates other assets and liabilities the cost of litigation or other factors regarding the litigations impact on the estate E. holding that the debtors false statements about the location of assets of the estate were material to the proceedings

assistant: The best answer is D. holding that debtors lacked appellate standing because they had not provided information regarding the estates other assets and liabilities the cost of litigation or other factors regarding the litigations impact on the estate
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 Borrower has disclosed or made available to the Lenders all agreements and instruments to which it or any of its Subsidiaries is subject, and all other matters known to it, that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse Effect. None of the reports, financial statements, certificates or other information furnished by or on behalf of the Borrower to the Administrative Agent or any Lender in connection with the execution and delivery of this Agreement or the other Loan Documents or furnished to the Lenders pursuant hereto or thereto (as modified or supplemented by other information so furnished) contains any material misstatement of fact or omits to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading; provided that with respect to projected financial information and forward-looking statements, the Borrower represents only that such information was prepared in good faith based upon assumptions believed to be reasonable at the time.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The parties hereto recognize and acknowledge that the geographical and time and scope of activity limitations contained in Section 13, Section 14 and Section 16 hereof are reasonable and properly required for the adequate protection of the Company’s interests. Executive acknowledges that the Company or its Affiliate is the owner or the licensee of the trademarks used by it, and the owner or the licensee of the restaurant operating systems. It is agreed by the parties hereto that if any portion of the restrictions contained in Section 13, Section 14 or Section 16 are held to be unreasonable, arbitrary, or against public policy, then the restrictions shall be considered divisible, whether as to the time and/or to the geographical area and/or scope of activity, with each month of the specified period being deemed a separate period of time and each radius mile of the restricted territory being deemed a separate geographical area, so that the lesser period of time or geographical area shall remain effective so long as the same is not unreasonable, arbitrary, or against public policy. The parties hereto agree that in the event any court of competent jurisdiction determines the specified period or the specified geographical area of the restricted territory or the scope of the restricted activity to be unreasonable, arbitrary, or against public policy, a lesser time period or geographical area or scope of activity that is determined to be reasonable, nonarbitrary, and not against public policy may be enforced against Executive. If Executive shall violate any of the covenants contained herein and if any court action is instituted by the Company to prevent or enjoin such violation, then the period of time during which the Executive’s business activities shall be restricted, as provided in this Agreement, shall be lengthened by a period of time equal to the period between the date of the Executive’s breach of the terms or covenants contained in this Agreement and the date on which the decree of the court disposing of the issues upon the merits shall become final and not subject to further appeal.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement, and all claims or causes of action (whether at Law, in contract or in tort or otherwise) that may be based upon, arise out of or relate to this Agreement or the negotiation, execution or performance hereof, shall be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Delaware.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each party hereto agrees that, except with the prior written permission of the other party or otherwise required by law, it shall at all times keep confidential and not divulge, furnish or make accessible to anyone any confidential information, knowledge or data concerning or relating to the business or financial affairs of the other party (or its affiliates) to which such party has been or shall become privy by reason of this Agreement or any other Loan Document, discussions or negotiations relating to this Agreement or any other Loan Document, or the performance of its obligations hereunder or thereunder. This Section does not apply to information that is entirely in the public domain, previously known to the recipient of the information (as evidenced by written, dated business records of such recipient), received lawfully from a third party, or independently developed without access to such information. Notwithstanding the foregoing, the parties agree that the Company shall (i) file a Current Report on Form 8-K describing the transactions contemplated under the Loan Documents and attaching copies of the Loan Documents and (ii) prior to the issuance of any press release with respect to the transactions contemplated hereby, provide such press release to the Purchasers for their review and approval, such approval not to be unreasonably withheld. In addition, the Company will make such other filings and notices in the manner and time required by the SEC or NASDAQ.

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 legal provision and list the applicable contract clause categories. Provision: The execution, delivery and performance by it of this Agreement and the consummation of the transactions contemplated hereby do not and will not: (1) violate (x) its certificate of formation, limited liability company agreement, operating agreement or other organizational documents, as the case may be; (y) any provision of Law applicable to it (except where such violation would not reasonably be expected to cause a Material Adverse Effect) or (z) any order, judgment or decree of any Governmental Authority binding on it or any of its property (except where such violation would not reasonably be expected to cause a Material Adverse Effect); (2) result in a breach of or constitute (with due notice or lapse of time or both) a default under any contractual obligation binding upon it or its property (except where such breach or default would not reasonably be expected to cause a Material Adverse Effect); or (3) result in or require the creation or imposition of any material Lien (other than the Lien of the Loan Documents or Permitted Liens) upon its assets.

assistant: No Conflicts
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: Borrower and Leasehold Pledgor each agrees for itself and on behalf of Guarantors that except as expressly provided below, any reports, statements or other information required to be delivered or provided under this Agreement or any of the other Loan Documents and furnished at any time and from time to time by Borrower, Leasehold Pledgor or Guarantors and relating to any Guarantor (“ Furnished Information ”) may be included in any Disclosure Document and may be forwarded by Lender to any actual or prospective investor in the Loan or the Mortgage Loan, any actual or prospective assignee of the Loan or the Mortgage Loan, or beneficial interests in the Loan or the Mortgage Loan, including investors in Securities, any actual or prospective participant in the Loan or the Mortgage Loan, any Rating Agency rating any participations in the Loan and/or Securities, any NRSRO, any underwriter, any organization maintaining databases on the underwriting and performance of commercial mortgage loans, any of Lender’s Affiliates involved from time to time in the transactions contemplated by this Agreement and/or in any Securitization and/or in any assignment of all or any portion of the Loan or the Mortgage Loan, any of Lender or such Affiliates’ respective employees, directors, agents, attorneys, accountants, or other professional advisors, any servicers of the Loan, and/or any Governmental Authorities, in all cases as Lender determines necessary or desirable in its sole discretion. Borrower and Leasehold Pledgor each irrevocably waives any and all rights it may have under any applicable Legal Requirements to prohibit such disclosure, including but not limited to any right of privacy.

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: to sign an affidavit or invoked the Fifth Amendment. (Transcript of January 19, 1996 hearing, p. 9). 3 . Petitioner argues that the Texas Penal Code, § 39.06, cannot apply to this case because there is no suggestion that the grand jurors who spoke to Lenhart did so for personal gain or with intent to harm another. Respondent contends that the grand jurors who spoke with Lenhart may have violated section 39.06 because they may have been motivated by an intent to harm the reputation of Leal or one of their fellow grand jurors. (Lenhart Reply Brief at 1). Lenhart argues that such a construction of section 39.06 would effectively make section 39.06 a criminal libel statute, violating the First Amendment. See Garrison v. Louisiana, 379 U.S. 64, 67, 85 S.Ct. 209, 212, 13 L.Ed.2d 125 (1964) (<HOLDING>). Petitioner also argues that Article 20.02(b) Options: A. holding that the district court committed reversible error by imposing criminal sanctions in a civil proceeding which did not afford the contemnor the procedural protections the constitution requires for the imposition of criminal contempt sanctions B. holding that dispute with regard to parties intent prohibits summary judgment C. holding that the first amendment prohibits criminal sanctions for true statements made with an intent to inflict harm D. holding that it is not enough that the defendant has acted with an intent that is tortious malicious or even criminal or that he has intended to inflict emotional distress the conduct itself must be extreme and outrageous E. holding that a defendant charged with kidnapping with the intent to inflict bodily harm upon or terrorize the victim is not entitled to a faison instruction

assistant: The best answer is C. holding that the first amendment prohibits criminal sanctions for true statements made with an intent to inflict harm
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: you must immediately notify airbnb if you know or have any reason to suspect that your credentials have been lost , stolen , misappropriated , or otherwise compromised or in case of any actual or suspected unauthorized use of your airbnb account .

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: All initially capitalized terms used herein (including the preamble and recitals hereof) without definition shall have the meanings ascribed thereto in the Credit Agreement (including Schedule 1.1 thereto), 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 case excerpt and choose the best holding from the options. Case excerpt: v. Valenzuela, 722 F.2d 1431, 1433 (9th Cir.1983) (requiring the defendant to shave); United States v. Lamb, 575 F.2d 1310, 1316 (10th Cir.1978) (same); United States v. Murray, 523 F.2d 489, 492 (8th Cir.1975) (requiring the defendant to wear a wig); United States v. Roberts, 481 F.2d 892, 894 (5th Cir.1973) (requiring the defendant to put on a stocking mask worn during the robbery). If a defendant who is compelled to don clothing before the jury does not “testify” for purposes of the Self-Incrimination Clause, it would seem to follow, a fortiori,' that the Self-Incrimination Clause also provides that a defendant who voluntarily dons clothing before the jury may not be required to subject himself to cross-examination. See United States v. Bay, 762 F.2d 1314, 1315-16 (9th Cir.1985) (<HOLDING>). We therefore conclude that a physical Options: A. holding that district court did not err in concluding after an evidentiary hearing that the immunity agreement between defendant and the government did not extend to the charge being prosecuted B. holding that the district court correctly declined to instruct the jury that the government was required to prove as an element of the offense that the defendant did not intend to establish a life with his wife C. holding that a district court did not err in concluding that the defendant was not entitled to a downward departure due to his status as an alien subject to removal D. holding that the district court erred in concluding that a defendant was required to take the stand to display his tattoos because the government may compel a defendant to display such physical characteristics E. holding the government must demonstrate the defendant knew of the characteristics of the firearm that required it to be registered

assistant: The best answer is D. holding that the district court erred in concluding that a defendant was required to take the stand to display his tattoos because the government may compel a defendant to display such physical characteristics
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, the Investor and the Company will be entitled to specific performance under the Transaction Documents. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained in the Transaction Documents and hereby agree to waive and not to assert in any Action for specific performance of any such obligation the defense that a remedy at law would be adequate.

assistant: Remedies
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: subject to the foregoing , these terms of service shall ensure to the benefit of and be binding upon you and crowdtangle and their respective successors ( including any successor by reason of amalgamation ) and assigns .

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: not consider and weigh private interests which were properly before it. B. Forum Non Conveniens: Weighing of the Factors As described more fully below, in addition to erroneously concluding that its analysis must be limited to those private interest factors addressed by the state court, I believe the district court also misinterpreted the facts actually found by the state court. These errors caused the district court to strike a balance of the parties’ private interests that was an abuse of discretion. I also believe the district court committed errors constituting an abuse of discretion in weighing the relevant public interest factors. I conclude, therefore, that the district court’s balancing of the parties’ relevant public and private interests is invalid. See Ford, 319 F.3d at 1308 (<HOLDING>). 1. Private Interest Factors With regard to Options: A. holding that only relevant factors must be considered B. holding trial court did not abuse its discretion in admitting highly probative and relevant evidence of other crimes C. holding that it was not an abuse of discretion to enjoin some products but not others D. holding that a district court did not abuse its discretion in excluding the testimony of a witness that was not highly probative E. holding that the district court overlooked some highly relevant factors and that it ultimately struck a balance that was an abuse of discretion

assistant: The best answer is E. holding that the district court overlooked some highly relevant factors and that it ultimately struck a balance that was an abuse of discretion
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: believed the victims and that the defendant was not being truthful. Id. at 325-26. The trial court denied defendant’s motion to redact those statements as impermissible comments on credibility. Id. at 327. On review before the Supreme Court, the issue was how the vouching rule, which developed as a principle applicable to in-court testimony, applies to a witness’s out-of-court comments on credibility. Id. at 331. To answer that question, the court was required to reconcile the apparent tension between its decisions in State v. Odoms, 313 Or 76, 83, 829 P2d 690 (1992) (explaining that “a relevant out-of-court statement, recounted at trial, generally may not be excluded merely because it is phrased in the form of an opinion”), and State v. Charboneau, 323 Or 38, 48, 913 P2d 308 (1996) (<HOLDING>). Chandler, 360 Or at 333 (“Whereas Charboneau Options: A. holding that a trial witnesss testimony as to the credibility of another witness was prejudicial error B. holding that a witnesss testimony or an exhibit may not explicitly and directly contain an opinion as to a trial witnesss credibility C. holding that hospitalization of witnesss wife and his desire to be by her side was not a substantial basis for admitting witnesss testimony from first trial D. holding that agents testimony as to witnesss identification was not hearsay E. holding that it was not erroneous for committing court to refuse to admit an affidavit from a private investigator that provided evidence of a witnesss lack of credibility when the affidavit would not have explained away the witnesss testimony but only challenged its credibility

assistant: The best answer is B. holding that a witnesss testimony or an exhibit may not explicitly and directly contain an opinion as to a trial witnesss credibility
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Executive is employed as the President and Chief Executive Officer of the Company (the “ Position ”), and shall have the duties and responsibilities as may be reasonably assigned from time to time by Company’s Board of Directors (the “ Board ”). Executive shall perform faithfully and diligently all those duties assigned to Executive.

assistant: Positions
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: Anything in this Notice of Award to the contrary notwithstanding, upon a Change in Control (as defined in the Plan), prior to the forfeiture of the Performance Shares under paragraph 8, all of the Target Shares shall be earned and non-forfeitable as of the date of the Change in Control.

assistant: Change In Control
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 be deemed to have been executed and delivered within the State of Washington, and the rights and obligations of the parties hereunder shall be construed and enforced in accordance with, and governed by, the laws of the State of Washington without regard to principles of conflict of laws. The parties agree that Executive’s job duties as the Company’s President and Chief Executive Officer affect goods and services involved in interstate commerce.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: where the defendant elects to testify. See generally, State v. Fortney, 201 N.C. App. 662, 687 S.E.2d 518 (2010), State v. Little, 191 N.C. App. 655, 664 S.E.2d 432, disc. rev. denied, 362 N.C. 685, 671 S.E.2d 326 (2008), and State v. Faison, 128 N.C. App. 745, 497 S.E.2d 111 (1998); but see State v. Tice, 191 N.C. App. 506, 511, 664 S.E.2d 368, 372 (2008) (in a case where the defendant did testify, deciding that defendant failed to show ineffective assistance by failing to raise such an argument under Old Chief). Here, where defendant did testify, he was subject to impeachment on the basis of his prior convictions, even though he had already stipulated to being a convicted felon for purposes of the firearm possession charge. See United States v. Kemp, 546 F.3d 759, 763 (6th Cir. 2008) (<HOLDING>). The trial court did not err in permitting the Options: A. holding that an individual charged with criminal contempt is entitled to the full procedural protections afforded the defendant in any other criminal proceeding B. holding that the protection afforded by old chief can recede when a criminal defendant chooses to testify at trial C. holding that right to testify not denied where inter alia defendant made no objection to his attorneys statements that defendant would not testify and made no request to testify D. holding that a conviction for an offense involving dishonesty or false statement may be used to impeach the credibility of a defendant who chooses to testify E. holding that a defendant who chooses to testify in his or her own defense may not conceal contradictory statements obtained in violation of the fifth amendment from the jury

assistant: The best answer is B. holding that the protection afforded by old chief can recede when a criminal defendant chooses to testify at trial
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: trial that purported to demonstrate the positions of all the individuals in the hallway. 9 . We note that if the state courts had concluded without an evidentiary hearing that Branch's trial counsel’s performance had been deficient but nevertheless had denied Branch PCR relief because he did not satisfy the prejudice prong of Strickland, it is possible that we would have granted Branch's petition without ordering that the District Court hold an evidentiary hearing. See Browder v. Dir., Dep’t of Corr., 434 U.S. 257, 267 n. 10, 98 S.Ct. 556, 562 n. 10, 54 L.Ed.2d 521 (1978) (observing that courts of appeals have permitted district courts to “discharge a ha-beas corpus petitioner from state custody without conducting an evidentiary hearing”); Noble v. Kelly, 246 F.3d 93, 101 (2d Cir.2001) (<HOLDING>); Fed. R. Governing § 2254 Cases 8 advisory Options: A. holding that a remand for an evidentiary hearing was unnecessary in part because the record negated the possibility that counsels omission was strategic B. holding absence of record harmless when hearing was not evidentiary and appellant failed to argue harm C. holding that the claim of cumulative error was rendered moot because all claims were rejected but one for which an evidentiary hearing would occur on remand D. holding that such statements were not even enough for an evidentiary hearing E. holding law requires court to consider full record of any evidentiary hearing even if hearing held by different judge

assistant: The best answer is A. holding that a remand for an evidentiary hearing was unnecessary in part because the record negated the possibility that counsels omission was strategic
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 assigns permitted hereby, except that neither the Borrower nor any other Loan Party may assign or otherwise transfer any of its rights or obligations hereunder without the prior written consent of the Administrative Agent and each Lender and no Lender may assign or otherwise transfer any of its rights or obligations hereunder except (i) to an assignee in accordance with the provisions of this Section, (ii) by way of participation in accordance with the provisions of this Section 11.7 , or (iii) by way of pledge or assignment of a security interest subject to the restrictions of this Section 11.7 (and any other attempted assignment or transfer by any party hereto shall be null and void). Nothing in this Agreement, expressed or implied, shall be construed to confer upon any Person (other than the parties hereto, their respective successors and assigns permitted hereby, Participants to the extent provided in this Section 11.7 and, to the extent expressly contemplated hereby, the Related Parties of each of the Administrative Agent, the Issuing Lenders and the Lenders) any legal or equitable right, remedy or claim under or by reason of this Agreement.

assistant: Successors
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 by the Subscriber do not, and the consummation of the transaction contemplated hereby by the Subscriber will not, violate, conflict with or result in a breach of or constitute a default (with or without notice or lapse of time, or both) under any agreement, instrument, permit, franchise, license, judgment or order applicable to the Subscriber, other than such conflicts, breaches or defaults that, individually or in the aggregate, are not material to the Subscriber’s ability to perform its obligations hereunder and would not prohibit or restrict or delay, in any material respect, the performance by the Subscriber of its obligations hereunder.

assistant: No Conflicts
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 Pride nor its Affiliates have retained any agent, broker, investment banker, financial advisor or other firm or Person that is or will be entitled to any brokers’ or finder’s fee or any other commission or similar fee in connection with any of the transactions contemplated by this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each of the parties hereto agrees, at its own cost and expense, to execute and deliver, or to cause to be executed and delivered, all such instruments (including all necessary endorsements) and to take all such action as the other party may reasonably request in order to (i) effectuate the intent and purposes of, and to carry out the terms of, this Agreement, and (ii) further effect the transfer of legal and record ownership of the Securities to Purchaser.

assistant: Further Assurances