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 legal provision and list the applicable contract clause categories. Provision: Each party hereto agrees to maintain the confidentiality and existence of the non-public information provided to it by or on behalf of the other party, except that the foregoing shall not prohibit (a) disclosure of such information to such party’s Affiliates, directors, managers, officers, employees, agents, representatives, advisors, consultants, investors, potential investors, lenders and potential lenders so long as such disclose agrees to maintain the confidentiality of such information as set forth herein or (b) any disclosure required by or regulations mandating disclosure (including Purchaser’s and its affiliates’ filings or other disclosures required by or customary in connection with regulation by the Securities and Exchange Commission). Further, Purchaser and Seller shall cause those people in their employ and their third party professionals to be bound by the same level of care with respect to maintaining the confidentiality of the existence of the transactions contemplated by this Agreement and the non-public information provided to them in connection therewith as Purchaser and Seller are charged with hereunder.

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: fact remaining after the custody evaluation ordered by the judge was completed. We are hard-pressed to see how defendant did not, in the first instance, establish that a significant change of circumstances in Billy’s life was about to occur because of that plaintiff will be physically separated from Billy for twelve months, with very little contact in the interim. He acknowledged in his certification that it would be difficult to contact his son. Thus, it is undisputed that plaintiff will not exercise traditional custody over Billy for a significant period of time. In this sense, the circumstances of Billy’s day-to-day residential custody have clearly changed, albeit temporarily, since the entry of the 2002 order. See Sheehan v. Sheehan, 51 N.J.Super. 276, 288, 143 A.2d 874 (App.Div.) (<HOLDING>), certif. denied, 28 N.J. 147, 145 A.2d 358 Options: A. holding that an order denying a motion for reconsideration constituted a final order because at the time the order was entered all nonsuited claims had been adjudicated and were no longer a bar to finality B. recognizing the collateral order doctrine for the first time C. holding that the court of appeals in applying state law on appeal of a diversity action must apply law of the state as it existed at the time of its decision rather than as it stood at the time the case was decided in district court D. recognizing courts obligation to examine the circumstances as they existed at the time the original order was entered E. holding that the trial courts written order was not the entry of a sentence sufficient to support a determination that a judgment of conviction was entered

assistant: The best answer is D. recognizing courts obligation to examine the circumstances as they existed at the time the original order was entered
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: overruled on other grounds by Nobelpharma AB v. Implant Innovations, Inc., 141 F.3d 1059, 1067-68 (Fed.Cir.1998). “In general, the presence of an ‘actual controversy’ within the meaning of the statute depends on ‘whether the facts alleged, under all the circumstances, show that there is a substantial controversy, between parties having adverse legal interests, of sufficient immediacy and reality to warrant the issuance of a declaratory judgment.’ ” EMC Corp. v. Norand Corp., 89 F.3d 807, 810 (Fed.Cir.1996) (quoting Maryland Cas. Co. v. Pacific Coal & Oil Co., 312 U.S. 270, 273, 61 S.Ct. 510, 85 L.Ed. 826 (1941)). The jurisdiction of federal courts to issue declaratory judgments is limited to “cases and controversies.” Marine Equip. Mgmt. Co. v. U.S., 4 F.3d 643, 646 (8th Cir.1993) (<HOLDING>); Minnesota Fed’n of Teachers v. Randall, 891 Options: A. recognizing that the case or controversy requirement for standing is no less strict in a declaratory judgment proceeding than in any suit where other relief is sought B. holding that exhaustion requirement applies to excessive force claims C. holding that if a declaratory judgment will not end the controversy it is not proper D. holding that the requirement of an actual case or controversy is a jurisdictional prerequisite under the constitution E. holding that the case or controversy requirement applies with equal force to actions for declaratory judgment

assistant: The best answer is E. holding that the case or controversy requirement applies with equal force to actions for declaratory judgment
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 Transferor hereby represents and warrants that (a) the Transferee is an Affiliate or a Related Fund of the Transferor; (b) the Transferee is not a Portfolio Company of the Transferor or the Transferor’s Affiliates; (c) the Subject Transfer does not violate any of the provisions contained in Section 2.6(e) of the Agreement; and (d) the Transferee is creditworthy.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The financial statements included in each SEC Filing comply in all material respects with applicable accounting requirements and the rules and regulations of the SEC with respect thereto as in effect at the time of filing (or to the extent corrected by a subsequent restatement) and present fairly, in all material respects, the financial position of the Company as of the dates shown and its results of operations and cash flows for the periods shown, subject in the case of unaudited financial statements to normal, immaterial year-end audit adjustments, and such financial statements have been prepared in conformity with United States generally accepted accounting principles applied on a consistent basis during the periods involved (“ GAAP ”) (except as may be disclosed therein or in the notes thereto, and except that the unaudited financial statements may not contain all footnotes required by GAAP, and, in the case of quarterly financial statements, as permitted by Form 10-Q under the 1934 Act). Except as set forth in the financial statements of the Company included in the SEC Filings filed prior to the date hereof, the Company has not incurred any liabilities, contingent or otherwise, except those incurred in the ordinary course of business, consistent (as to amount and nature) with past practices since the date of such financial statements, none of which, individually or in the aggregate, have had or would reasonably be expected to have a Material Adverse Effect.

assistant: Financial Statements
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 binding upon and shall inure to the benefit of each of the parties hereto, and to their respective heirs, representatives, successors and permitted assigns. Executive may not assign any of his rights or delegate any of his duties under this Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: appellant as one of the individuals shooting at the victims and he admitted he fired at the surviving victims. When we consider the legal sufficiency of the evidence, we leave to the jury questions regarding witness credibility. See Young v. State, 297 Ga. 737, 738 (1) (778 SE2d 162) (2015). 2. Appellant contends his trial counsel provided ineffective assistance on multiple grounds, none of which were asserted by him in his amended motion for new trial filed after he obtained new counsel. Nor were the grounds he now seeks to assert raised at the hearing on his amended motion for new trial. Accordingly, these enumerations of error have not been preserved for appeal because they were not raised at the earliest practicable moment. See Jones v. State, 294 Ga. 501, 503 (755 SE2d 131) (2014) (<HOLDING>). 3. Appellant also asserts that appellate Options: A. holding that defendant waived ineffective assistance claim based on trial counsels failure to emphasize certain evidence where amended motion for new trial did not assert claim of ineffectiveness on that ground and no argument related to the asserted ground was made at the motion for new trial hearing B. holding that the defendant may not state one ground at trial and another on appeal C. recognizing that the defendant whose trial counsel represented him on motion for new trial had no opportunity to raise an ineffective assistance of counsel claim prior to appeal and remanding the case for a hearing solely on this issue D. holding that the trial court may not grant summary judgment on a ground not raised in the motion E. holding that a defendant whose new trial motion is based on the alleged ineffectiveness of trial counsel may bypass rule 33s sevenday time limit only if his claim that his counsel was ineffective was based on information unavailable to the defendant at the time of trial

assistant: The best answer is A. holding that defendant waived ineffective assistance claim based on trial counsels failure to emphasize certain evidence where amended motion for new trial did not assert claim of ineffectiveness on that ground and no argument related to the asserted ground was made at the motion for new trial hearing
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 shall do, execute, acknowledge, and deliver or cause to be done, executed, acknowledged and delivered at any time and from time to time upon the request of any other Parties hereto, all such further acts, documents and instruments as may be reasonably required to affect any of the transactions contemplated by this Agreement.

assistant: Further Assurances
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 Participant acknowledges and agrees that the Company has filed a Registration Statement on Form S-8 (the “Registration Statement”) under the Securities Act of 1933, as amended (the “1933 Act”), to register the Shares under the 1933 Act. The Participant acknowledges receipt of the Prospectus prepared by the Company in connection with the Registration Statement. Prior to conversion of the Restricted Stock Units into Shares, the Participant shall execute and deliver to the Company such representations in writing as may be requested by the Company in order for it to comply with the applicable requirements of Federal and state securities law.

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: Each party’s obligations under this Section 3.01 shall survive the resignation or replacement of Agent or any assignment of rights by, or the replacement of, any Lender or an L/C Issuer, the termination of the Commitments and the repayment, satisfaction or discharge of all other Obligations.

assistant: Survival
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: Notwithstanding anything above to the contrary, the Extension Option is personal to the Original Lessee and may be exercised only by the Original Lessee executing the Lease while occupying the entire Premises and may not be exercised or be assigned, voluntarily or involuntarily, by any person or entity other than the Original Lessee. The Extension Option is not assignable separate and apart from the Lease, nor may the Extension Option be separated from the Lease in any manner, either by reservation or otherwise. Lessee shall have no right to exercise the Extension Option, notwithstanding any provision of the grant of the Extension Option to the contrary, and Lessee’s exercise of the Extension Option may, at Lessor’s option, be nullified by Lessor and deemed of no further force or effect, if Lessee shall be in default under the terms of the Lease after the expiration of applicable cure periods as of Lessee’s exercise of the Extension Option or at any time after the exercise of the Extension Option and prior to the commencement of the Option Term.

assistant: No Defaults
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: I recognize that nothing in this Agreement is intended to limit any remedy of the Company under applicable trade secrets laws. I recognize that my violation of this Agreement could cause the Company irreparable harm, the amount of which may be extremely difficult to estimate, making any remedy at law or in damages inadequate. Therefore, I agree that the Company shall have the right to apply to any court of competent jurisdiction for an order restraining any breach or threatened breach of this Agreement and for any other relief the Company deems appropriate. This right shall be in addition to any other remedy available to the Company.

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 legal provision and list the applicable contract clause categories. Provision: The Credit Agreement is, effective as of the Amendment No. 1 Effective Date, subject to Section 3(b) below with respect to the “bail-in” provisions, hereby amended to delete the stricken text (indicated textually in the same manner as the following example: stricken text ) and to add the double-underlined text (indicated textually in the same manner as the following example: double-underlined text ) as set forth in the pages of the Credit Agreement attached as Exhibit A hereto (the “ Amended Credit Agreement ”).

assistant: Amendments
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 explain why “installation and assembly manuals,” “power and control diagrams,” and “drawings and part lists” for the installation of a megapixel camera that incorporates third party technology “derive economic value” from an element of secrecy that is known only to EarthCam and its employees. EarthCam simply relies on Mr. Sharp’s affidavit to conclude that the information contained in OxBlue 3019 “was not publicly available and gave EarthCam a competitive advantage.” In his affidavit, Mr. Sharp does not specify why the information on OxBlue 3019 was “not publicly available and gave EarthCam a competitive advantage.” Mr. Sharp’s belief and eonclusory allegations are insufficient to survive summary judgment. See Ojeda v. Louisville Ladder, Inc., 410 Fed.Appx. 213, 214 (11th Cir.2010) (<HOLDING>). EarthCam also does not explain why its Options: A. recognizing wjhen the nonmoving party relies only on its own affidavits to oppose summary judgment it cannot rely on conclusory allegations unsupported by factual data to create an issue of material fact B. holding affidavits based on conclusory allegations insufficient at summary judgment C. holding that a nonmoving party cannot defeat a motion for summary judgment by relying on conclusory statements D. holding party opposing summary judgment does not show genuine issue for trial by replacing conclusory allegations of the complaint or answer with conclusory allegations of an affidavit E. holding that conclusory allegations in an affidavit have no probative value and a nonmoving party cannot rely on the eonclusory allegations to avoid summary judgment

assistant: The best answer is E. holding that conclusory allegations in an affidavit have no probative value and a nonmoving party cannot rely on the eonclusory allegations to avoid summary judgment
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: involved a single scheme. IV. For the foregoing reasons, we hold that defendant’s conviction must be REVERSED, and we REMAND this matter to the district court with instructions to dismiss the Indictment. 1 . The government relies on the indictment in United States v. Sanderson, 966 F.2d 184 (6th Cir.1992) as support for its contention that there is no one-year time limit. In Sanderson, the indictment covered acts from October 1985 through December 1986; however, the time issue was not raised on appeal. Thus, Sanderson is not authority that supports the government's position. See Pennhurst State School & Hosp. v. Halderman, 465 U.S. 89, 119 & n. 29, 104 S.Ct. 900, 918 & n. 29, 79 L.Ed.2d 67 (1984); Appeal of Federal Land Bank of St. Louis (In re Stegall), 865 F.2d 140, 142 (7th Cir.1989)(<HOLDING>). 2 . Defendant also challenges the sufficiency Options: A. holding that claim construction is a matter of law for the court to determine B. holding that a matter of law that is assumed but not discussed is not authoritative C. holding that the determination of whether a counterclaim is compulsory is made as a matter of law D. holding that it is not E. holding that the relevant question is not whether risk is involved or assumed but rather whether that or something else to which it is related in the particular plan is its principal object and purpose

assistant: The best answer is B. holding that a matter of law that is assumed but not discussed is not authoritative
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 Loan Party and each of its Subsidiaries shall timely file or cause to be filed all material Tax returns required to be filed by it and shall timely pay all material Taxes due and payable by it or imposed with respect to any of its property and all other material fees or other charges imposed on it or any of its property by any Governmental Authority (other than any Taxes, fees or other charges, the amount or validity of which is being contested in good faith by appropriate proceedings and with respect to which reserves in conformity with GAAP have been provided on the books of such Loan Party). Each Loan Party and each of its Subsidiaries shall withhold all employee withholdings required to be withheld and shall make all employer contributions required to be made by it pursuant to applicable law on account of the Canada and Quebec pension plans, employment insurance and employee income taxes.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: As of the Effective Date, except as listed in Exhibit M attached hereto, Seller has not received any written notice of any current or pending (i) claims, suits, actions or arbitrations, or any condemnation proceedings affecting the Property or Seller’s rights and obligations under this Agreement, or (ii) any regulatory proceedings which would, in the reasonable judgment of Seller, adversely affect the Property in any material way or Seller’s ability to consummate the transaction contemplated in this Agreement.

assistant: Litigations
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: announced it would enter. Upon remand, the probate court may, in its discretion, consider the claimants’ motion for extension of time, taking such evidence and hearing arguments as it may deem appropriate. Unless the court, as a result thereof, finds good cause shown and grants the extension, it shall enter an order striking the claims of Martinez and Spencer. The probate court also ruled that Drake Capital’s timely filed demand for arbitration on its claim against the estate satisfied the “independent action” provision of the statute. Appellant contends here that the statute contemplates the filing of a civil action in a court of law and that an arbitration proceeding is not a civil action, citing as analogous Miele v. Prudential-Bache Securities, Inc., 656 So.2d 470, 472-73 (Fla.1995)(<HOLDING>). However, section 733.705(4) requires a Options: A. recognizing that the term expense may be used to define disbursements even though the term is used in accrual accounting B. holding that section 102 of the civil rights act of 1991 does not apply to preenactment conduct C. holding that arbitration is not a civil action as that term is used in section 76873 florida statutes 1991 D. holding that conduct prior to passage of the civil rights act of 1991 is admissible to provide context and background E. holding that section 89313 as amended by section 893101 florida statutes 2002 is constitutional

assistant: The best answer is C. holding that arbitration is not a civil action as that term is used in section 76873 florida statutes 1991
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 substantive issue, we can only conclude the issue regarding mortgage satisfactions is most analogous to restitution orders. “[S]ince restitution is essentially ‘[a] civil remedy included with a criminal judgment,’ the facts underlying a restitution order need not be established beyond a reasonable doubt and thus are not governed by Apprendi, Booker and the other recent jurisprudence addressing sentencing issues.” United States v. Rand, 403 F.3d 489, 495 n. 3 (7th Cir.2005); see United States v. Vanhorn, 399 F.3d 884, 886-87 (8th Cir.2005) (concluding defendant’s argument, that Booker applied to district court’s finding in post-judgment proceeding that increased amount of restitution defendant owed, was meritless); United States v. Swanson, 394 F.3d 520, 526 (7th Cir.2005) (<HOLDING>). These second mortgages were obtained by Options: A. holding that equitable restitution is available but that legal restitution is not B. holding no restitution hearing is mandated when defendant did not object to order of restitution or request a hearing C. holding that a district court cannot order restitution in amounts that will result in the payment to the victim of an amount greater than the victims loss D. holding booker does not affect the manner in which findings of restitution or forfeiture amounts must be made E. holding resentencing does not affect the date on which the judgment of conviction became final

assistant: The best answer is D. holding booker does not affect the manner in which findings of restitution or forfeiture amounts must be made
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: While employed by the Company, the Company shall pay the Executive as compensation for his services a base salary at the annualized rate of $280,000 (the “Base Salary”). Such salary shall be paid periodically in accordance with normal Company payroll practices and subject to the usual, required withholding. Executive’s Base Salary shall be reviewed annually by the Compensation Committee of the Board for possible adjustments in light of Executive’s performance and competitive data.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: (“In this instance, Cook’s filing of the petition 39 days after the Quitman County Democratic Executive Committee conducted the hearing on September 4, 2003 was not “forthwith” as required by the statute”) (emphasis added). ¶22. In Pearson, this Court deemed “forthwith” a petition filed thirteen days, nine working days, after the committee decision. 541 So.2d at 450. The committee never reached a decision in this case. Parker filed his petition for judicial review on June 22, 2005, fifteen days, eleven working days, after the last committee meeting on June 7, 2005, in which the contest was scheduled to be addressed. Filing within eleven working days is not a significant departure from the nine working days this Court found to be “forthwith” in Pearson. But see Turner, 193 So. at at 632 (<HOLDING>). In this case, the “forthwith” requirement is Options: A. holding that the filing of a petition twentysix days after the final executive committee action was stretching forthwith too far B. holding that california supreme courts denial of habeas petition becomes final thirty days after filing C. holding that utility customers mailing of a petition did not constitute the filing of the petition as filing was not effectuated until the petition was received by the clerk D. holding that the time limit for filing a petition for review of a final order of deportation is jurisdictional E. holding that petitioner was dili gent for equitable tolling purposes where petitioner filed state petition two months after conviction was final and filed federal petition seven days after discovering state had denied petition on the merits

assistant: The best answer is A. holding that the filing of a petition twentysix days after the final executive committee action was stretching forthwith too far
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 delay or failure of the Lender to exercise its rights hereunder shall not be deemed a waiver thereof. No waiver of any rights of the Lender shall be effective unless in writing and signed by the Lender and any waiver of any right shall not apply to any other right or to such right in any subsequent event or circumstance not specifically included in such waiver.

assistant: No Waivers
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: (S.D.Tex.2000) (internal quotation marks and citation omitted); see In re AdvancePCS Health L.P., 172 S.W.3d 603, 607-08 (Tex.2005) (rejecting the claim that a non-mutual arbitration clause was unconscionable). {39} In this case, Fiser agreed to pay for the computer and to be bound by the terms and conditions, including the agreement to arbitrate any claims he has against Dell. In exchange, Dell is obligated to provide Fiser with computer hardware, certain warranties, and service obligations. As both parties have obligations, albeit different ones, there is mutuality of obligation in the terms of the agreement. Other courts have reached similar conclusions in upholding the validity of arbitration agreements. See, e.g., Harris v. Green Tree Fin. Corp., 183 F.3d 173, 180 (3rd Cir.1999) (<HOLDING>); see also Barker v. Golf U.S.A., Inc., 154 Options: A. holding that parties to an arbitration agreement need not equally bind each other with respect to an arbitration agreement if they have provided each other with consideration beyond the promise to arbitrate B. holding that the party demanding arbitration had waived its right to arbitrate by filing eight months earlier a complaint against the other party to the arbitration agreement C. holding that an arbitration agreement is separable from the underlying agreement D. holding that the federal arbitration act requires piecemeal resolution when necessary to give effect to an arbitration agreement and mandates enforcement of an arbitration agreement notwithstanding the presence of other persons who are parties to the underlying dispute but not to the arbitration agreement emphasis added E. holding that the agreement was not illusory because it was supported by consideration insofar as the employee and employer were equally bound by a promise to arbitrate disputes

assistant: The best answer is A. holding that parties to an arbitration agreement need not equally bind each other with respect to an arbitration agreement if they have provided each other with consideration beyond the promise to arbitrate
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 on a full-time basis from the Effective Date through the first anniversary of the Effective Date (the “ Initial Term ”), as Executive Vice President and Chief Technology Officer, shall report directly to the Chief Executive Officer of the Company, and shall have the duties and responsibilities commensurate with such position as shall be reasonably and in good faith determined from time to time by the Chief Executive Officer, including such duties and responsibilities with respect to the Company, the Partnership and/or a subsidiary of either (collectively, “ Employer ”).

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 case excerpt and choose the best holding from the options. Case excerpt: exercised supervisory powers over persons who actively participated in the constitutional deprivation. Id. “An official satisfies the personal responsibility requirement of section 1983 if she acts with a deliberate or reckless disregard of plaintiffs constitutional rights, or if the conduct causing the constitutional deprivation occurs at her direction or with her knowledge and consent.” Crowder v. Lash, 687 F.2d 996 (citing Beard v. Mitchell, 604 F.2d 485, 498-99 (7th Cir.1979); Adams v. Pate, 445 F.2d 105, 107 (7th Cir.1971); Wood v. Worachek, 618 F.2d 1225, 1233 (7th Cir.1980); Stringer v. Rowe, 616 F.2d 993, 1000-01 (7th Cir.1980); Spence v. Staras, 507 F.2d 554, 557 (7th Cir.1974)); see also Hamilton v. Scott, N.D.Ill.1991, 762 F.Supp. 794, aff'd. 976 F.2d 341 (7th Cir.1992) (<HOLDING>). Plaintiff has acknowledged in deposition that Options: A. holding that neglect was not excusable where the defendants did not do all that they were required to do after they received the summons and complaint in that they did not contact a lawyer or make any other arrangements with respect to their defense B. holding that plaintiffs lacked standing to seek injunctive relief because they failed to demonstrate any likelihood that they would end up back in jail where alleged constitutional violations occurred C. holding that an inmates complaint was not sufficient to state a claim against the director or warden of the prison absent an allegation that they were directly involved in the alleged misconduct or recklessly indifferent to the constitutional violations of which they had some knowledge D. holding that district court erred in dismissing inmates complaint for failure to exhaust administrative remedies when court did not address inmates allegation that prison officials failed to provide necessary grievance forms E. holding that plaintiffs had standing because they were directly affected by the laws and practices against which their complaints were directed

assistant: The best answer is C. holding that an inmates complaint was not sufficient to state a claim against the director or warden of the prison absent an allegation that they were directly involved in the alleged misconduct or recklessly indifferent to the constitutional violations of which they had some knowledge
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 (a) the Company and (b) the Company Subsidiaries is duly formed, validly existing and in good standing under the laws of the jurisdiction of its organization. Each of the Company and each Company Subsidiary is duly qualified to do business in all jurisdictions in which the nature of the business conducted by it makes such qualification necessary, except where the failure to be so duly qualified, individually or in the aggregate, would not have a Company Material Adverse Effect. The Company and each Company Subsidiary have all requisite limited liability company power to carry on their respective businesses as are now being conducted.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Agent shall have received valid certificates of insurance for the Policies required hereunder, satisfactory to the Agent in its sole discretion, and evidence of the payment of all Insurance Premiums payable for the existing policy period, which shall be for not less than one (1) year after the Closing Date.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: inconsistent allegations indicated falsehood on its face and was a sign of a chicanerous litigant seeking to subvert the judicial process. All too frequently, however, valid claims were sacrificed on the altar of technical consistency. In order to avoid the constrictions of the early practice, the draftsmen of the federal rules sought to liberate pleaders from the inhibiting requirement of technical consistency. 5 Charles A. Wright & Arthur R. Miller, Federal Practice and Procedure § 1283, at 533 (2d ed. 1990). The flexibility afforded by Rule 8(e)(2) is especially appropriate in civil rights cases, in which complex inquiries into the parties’ intent may sometimes justify raising multiple, inconsistent claims. See, e.g., MacFarlane v. Grasso, 696 F.2d 217, 224-25 (2d Cir.1982) (<HOLDING>); Wright v. Olin Corp., 697 F.2d 1172, 1184 Options: A. holding that 1983 plaintiff conceded existence of disputed agency policy only to the extent that he challenged the constitutionality of that policy but not for purposes of other claims B. holding that the plain meaning of the uim policy language was clear and not contrary to public policy C. holding that an arbitration award involving the appellants challenge to the failure of the insurance company to ensure that he had read and understood a signed waiver and to attach the waiver to the insurance policy as contrary to public policy is not reviewable by the courts because there is no challenge to a provision or term of the policy the appellant never claimed that the waiver or policy language itself was contrary to the public policy of this commonwealth D. recognizing that production of a written insurance policy was unnecessary to prove the existence of the policy because the proof required was proof of the fact of insurance and not of the contents of a writing E. holding that schools original policy on studentled prayer which unquestionably violated the establishment clause was relevant to determining constitutionality of modified policy because the courts inquiry not only can but must include an examination of the circumstances surrounding its enactment

assistant: The best answer is A. holding that 1983 plaintiff conceded existence of disputed agency policy only to the extent that he challenged the constitutionality of that policy but not for purposes of other claims
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as set forth in the Disclosure Schedule, there are no consents required to be obtained for, and no preferential rights to purchase exercisable in connection with, the assignment of the Oil and Gas Properties by Seller to Buyer hereunder.

assistant: Consents
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: Surprisingly, in spite of this rather lengthy dissertation on the Model Act, the majority in a footnote ultimately decline to answer the question of what “satisfactory evidence” is in Illinois. I would offer the following answer to that question. Professor Closen’s view is that two documents are required because the word “documents” is used in the plural. However, Closen’s position is wrong, pursuant to the plain language of the statute, and therefore Yamnitz’s training to get one photo identification was in compliance with the Illinois Notary Public Act. First, I note, as do the majority, that Professor Glosen is an expert, not a court, and it is not his prerogative to interpret a statute. Department of Corrections v. Illinois Civil Service Comm’n, 187 Ill. App. 3d 304, 308 (1989) (<HOLDING>). Second, while the appellate majority Options: A. holding that the district court did not abuse its discretion in allowing plaintiffs expert witness to testify when it also allowed defendants expert witness who disputed the methodology used by plaintiffs expert to testify B. holding that a reviewing court must defer to an agencys interpretation of an operable statute as long as that interpretation is consistent with legislative intent and is supported by substantial competent evidence C. holding that an expert is not competent to testify as to statutory interpretation D. holding statutory interpretation is subject to de novo review E. holding that an expert witnesss testimony on an ultimate issue was admissible recognizing that the expert did not specifically testify that the defendant was guilty or that as a matter of law the facts satisfied the applicable legal standard

assistant: The best answer is C. holding that an expert is not competent to testify as to statutory interpretation
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: desire to speak does not negate Fautenberry’s pri- or, unambiguous initiation of further communication. To be sure, had Fautenberry reinvoked his Fifth Amendment right to counsel after initiating communication with Agent Ott, he would have been protected from further questioning, but Fau-tenberry does not assert that he did so and the alleged Brady evidence does not demonstrate that he did so. In order to invoke one’s Fifth Amendment right to counsel, the “suspect must unambiguously request counsel,” meaning that “he must articulate his desire to have counsel present sufficiently clearly that a reasonable police officer in the circumstances would understand the statement to be a request for an attorney.” Davis v. United States, 512 U.S. 452, 459, 114 S.Ct. 2350, 129 L.Ed.2d 362 (1994) (<HOLDING>). The alleged Brady evidence does not indicate Options: A. holding i might want to talk to an attorney to be ambiguous B. holding that an ambiguous or silent record will not support a claim of ineffective assistance of counsel C. holding that in determining whether there exists a valid waiver of the right to counsel in the criminal setting the court may consider a defendants lack of good faith in working with appointed counsel including an unreasonable refusal to cooperate with counsel or an unreasonable request for substitution of appointed counsel and the timeliness of defendants request for new counsel particularly when a defendant makes an untimely request for new counsel under circumstances which are likely to result in a continuance D. holding that an ambiguous mention of an attorney is not a request for counsel E. holding even when a request for an attorney is ambiguous it is incumbent upon law enforcement to seek clarification of the ambiguity before denying the statutory right to counsel

assistant: The best answer is D. holding that an ambiguous mention of an attorney is not a request for counsel
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: (a) Tressler, for himself and his representatives, agents, successors and assigns, hereby releases and forever discharges the Company and its affiliates, their past, present and future parents, successors, affiliates, subsidiaries and assigns, and their respective officers, directors, trustees, principals, partners, employees, shareholders, owners, agents, attorneys, accountants, advisors, managers, representatives, consultants and assigns, from any and all potential claims, demands, damages, rights, duties, debts, obligations, liabilities, actions or petitions of any nature or kind, whether known or unknown, foreseen or unforeseen, contingent or actual, liquidated or unliquidated, which relate to Tressler’s employment and its termination.

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: This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which shall constitute one and the same Agreement. Delivery of an executed signature page of this Agreement by telecopier or email shall be as effective as delivery of a manually executed signature page of this Agreement.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: under no circumstances will subscriber use the site or the service to ( a ) send unsolicited e-mails , bulk mail , spam or other materials to users of the site or any other individual , ( b ) harass , threaten , stalk or abuse any person or party , including other users of the site , ( c ) create a false identity or to impersonate another person , or ( d ) post any false , inaccurate or incomplete material or delete or revise any material that was not posted by you .

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 the detec id not present evidence of flight or any other evidence to support an inference of his consciousness of guilt, Elliott argues that it was error for the trial court to prevent him from establishing a lack of consciousness of guilt. He concludes that appellate counsel was ineffective for failing to pursue on direct appeal this meritorious and preserved claim, and that, had counsel raised the issue on appeal, there is a reasonable probability that this Court would have granted a new trial. The PCRA court denied relief on this claim, finding that the trial court’s instruction was proper, considering the case law rendering references to lie detector tests inadmissible. PCRA Court Opinion, Oct. 13, 2010, at 15 (citing Commonwealth v. Camm, 443 Pa. 253, 277 A.2d 325, 333 (1971) (<HOLDING>)). The PCRA court further emphasized that trial Options: A. holding that the rule in pennsylvania is that reference to a lie detector test or the result thereof which raises inferences concerning the guilt or innocence of a defendant is inadmissible B. holding that the apprendi rule was not implicated because a juvenile transfer proceeding does not involve sentencing or a determination of guilt or innocence C. holding a consequence instruction is not necessary because the consequences of the verdict have no bearing upon the guilt or innocence of the defendant D. holding that the interest must be that created by a claim to the demand in suit or some part thereof which is the subject of litigation E. holding that an informants identity does not need to be disclosed unless the defendant demonstrates a reasonable possibility that the anonymous informant could give evidence on the issue of guilt or innocence which might result in the defendants exoneration

assistant: The best answer is A. holding that the rule in pennsylvania is that reference to a lie detector test or the result thereof which raises inferences concerning the guilt or innocence of a defendant is inadmissible
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 Recipient acknowledges and agrees that the Company has the right to deduct from payments of any kind otherwise due to the Recipient the amount of any federal, state, local or other taxes of any kind required by law to be withheld with respect to the actions contemplated by this Agreement in any manner permitted by the Plan. At such time as the Recipient is not aware of any material nonpublic information about the Company or the Common Stock, the Recipient shall execute the instructions set forth in Schedule A attached hereto (the " Automatic Sale Instructions ") as the means of satisfying such tax obligation. If the Recipient does not execute the Automatic Sale Instructions prior to an applicable vesting date, then the Recipient agrees that if under applicable law the Recipient will owe taxes at such vesting date on the portion of the Award then vested the Company shall be entitled to immediate payment from the Recipient of the amount of any tax required to be withheld by the Company. For the avoidance of doubt, the Recipient shall immediately pay the Company the amount of any tax required to be withheld by the Company for the shares of Common Stock to be delivered to the Recipient with respect to the RSUs that vest on the Vesting Start Date. The Company shall not deliver any shares of Common Stock to the Recipient until it is satisfied that all required withholdings have been made.

assistant: Withholdings