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: of Richards’s affidavit, given on some unspecified day in March of 2001, concerning the “C-store picker” position states the following: I could perform the C-store picker responsibilities with or without accommodations. Currently, I am on and off my feet frequently. There is no reason why I could not now walk a cart down the aisle and pull products. Furthermore, if Farner-Bocken would accommodate me by allowing me to use a motorized cart that it uses in [the] “case pick” department, I could [do] my job. Plaintiffs LR 56.1(e) Appendix Resisting Defendant’s Motion For Summary Judgment at 6 (Exhibit 2, Richards’s Affidavit, ¶24) (emphasis added). Although Richards “acknowledges” her prior deposition testimony, Richards’s affidavit appears to be inc Supp. 672, 684-686 (N.D.Iowa 1995) (<HOLDING>); Kunzman v. Enron Corp., 902 F.Supp. 882, Options: A. holding that the court may disregard an affidavit submitted solely for the purpose of opposing a motion for summary judgment when that affidavit is directly contradicted by deposition testimony and the nonmovant does not explain the discrepancies B. holding that waterhouse cannot generate a genuine issue of material fact by making statements in an affidavit that directly contradict his sworn deposition testimony given in the case C. holding that physicians affidavit created genuine issue of material fact even though it directly contradicted his prior deposition testimony where physician offered a plausible explanation for the change in his testimony D. holding that facts alleged in an employees affidavit were insufficient to raise an issue of fact for the purposes of defeating a summary judgment where the affidavit contradicted the employees earlier deposition statements E. holding that the affidavit of an expert proffered in opposition to summary judgment motion was assertedly in conflict with the experts prior deposition testimony but the court found that the affidavit could generate genuine issues of material fact because the expert explained the basis for his apparently changed opinion

assistant: The best answer is E. holding that the affidavit of an expert proffered in opposition to summary judgment motion was assertedly in conflict with the experts prior deposition testimony but the court found that the affidavit could generate genuine issues of material fact because the expert explained the basis for his apparently changed opinion
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: 677 F.3d 519, 543 (3d Cir.2012). Under the specific circumstances presented in this case, Lewis did not have an objectively reasonable expectation of privacy in his telephone conversation with White. Lewis knew where White was incarcerated when White called Lewis, as he had agreed to send Shavers and White mail there. Furthermore, Lewis was previously incarcerated at the same prison. Thus, he would have received a handbook alerting him that all telephone calls were recorded and been exposed to a document hanging in the common areas that notified prisoners that their calls might be monitored and recorded. In these circumstances, Lewis should have known that all outgoing prisoner telephone calls were monitored and recorded. See United States v. Sababu, 891 F.2d 1308, 1329 (7th Cir.1989) (<HOLDING>); United States v. Harrison, 986 F.Supp. 280, Options: A. holding that prisoners have no reasonable expectation of privacy in their prison cells B. holding that a customer has no reasonable expectation of privacy in dialed telephone numbers which were conveyed to the telephone company C. holding that a nonprisoner had no reasonable expectation of privacy when speaking to a prisoner on the telephone because as a frequent visitor to the prison she was well aware of the strict security measures in place and that the code of federal regulations puts the public on notice that prison officials are authorized to monitor prisoners telephone calls D. holding that the defendant had a reasonable expectation of privacy in a telephone booth E. holding that no reasonable expectation of privacy existed in a prison visitor room where conversations took place between brothers and were surreptitiously recorded by state officials

assistant: The best answer is C. holding that a nonprisoner had no reasonable expectation of privacy when speaking to a prisoner on the telephone because as a frequent visitor to the prison she was well aware of the strict security measures in place and that the code of federal regulations puts the public on notice that prison officials are authorized to monitor prisoners telephone calls
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company and each relevant Subsidiary Borrower agrees to indemnify each Lender for, and to hold each Lender harmless from, any actual loss or expense that such Lender may sustain or incur as a consequence of (a) default by the Company or relevant Subsidiary Borrower in making a borrowing of, conversion into or continuation of Eurocurrency Loans after the Company or such Subsidiary Borrower has given a notice requesting the same in accordance with the provisions of this Agreement, (b) default by the Company or relevant Subsidiary Borrower in making any prepayment of or conversion from Eurocurrency Loans after the Company or such Subsidiary Borrower has given a notice thereof in accordance with the provisions of this Agreement, (c) the making of a prepayment of Eurocurrency Loans (or the conversion of a Eurocurrency Loan into a Loan of a different Type) on a day that is not the last day of an Interest Period with respect thereto or (d) the assignment of any Eurocurrency Loan other than on the last day of an Interest Period therefor as a result of a request by the Company pursuant to Section 2.24. Such indemnification may include an amount up to the excess, if any, of (i) the amount of interest that would have accrued on the amount so prepaid, or not so borrowed, converted or continued, for the period from the date of such prepayment or of such failure to borrow, convert or continue to the last day of such Interest Period (or, in the case of a failure to borrow, convert or continue, the Interest Period that would have commenced on the date of such failure) in each case at the applicable rate of interest for such Loans provided for herein (excluding, however, the Applicable Margin included therein, if any) over (ii) the amount of interest (as reasonably determined by such Lender) that would have accrued to such Lender on such amount by placing such amount on deposit for a comparable period with leading banks in the interbank Eurocurrency market. A certificate as to any amounts payable pursuant to this Section 2.22 submitted to the Company and the relevant Subsidiary Borrower, if any, by any Lender (together with a reasonably detailed calculation of such amounts) shall be prima facie evidence thereof and shall be payable within 30 days of receipt of any such notice. The agreements in this Section 2.22 shall survive the termination of this Agreement, the repayment of the Loans and all other amounts payable hereunder and the other Loan Documents.

assistant: Indemnity
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 the Registration Rights Agreement, and to the extent incorporated herein, the Merger Agreement, constitutes the entire agreement of the Subscriber and the Company relating to the matters contained herein and therein, superseding all prior contracts or agreements relating to such matters, whether oral or written. Notwithstanding the foregoing, this Section 21 shall not affect any confidentiality obligations of the Subscriber to the Company or Borqs pursuant to any confidentiality agreements entered into by the Subscriber prior to the date hereof.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Capitalized terms used in this Agreement that are not otherwise defined herein shall have the meanings assigned to them in Appendix 1 to the 2016-1 Exchange Note Supplement or, if not defined therein, in Appendix A to the Credit and Security Agreement.

assistant: Definitions
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: did occur and there was no match. Detective Daniels testified that the partial palm prints did not match with those of Overton. Second, Overton’s counsel did properly address the testimony of Dr. Nelms by presenting Dr. Wright as a defense expert. Wright expressed the opinion that it was possible that the murders occurred elsewhere and that there was more than one perpetrator. Thus, these claims were legally insufficient on their face. Contrary to Overton’s arguments, an evidentiary hearing was in fact granted 'on the allegations in paragraph 34 of the petition directed to counsels failure to prompt ly denied. As we have explained, all of Overton’s claims of error have been rejected which renders this cumulative error claim moot. See Marshall v. State, 854 So.2d 1235, 1252 (Fla.2003) (<HOLDING>). Claim XI, directed to a lack of effective Options: A. holding that a remand and possibly an evidentiary hearing was necessary for reconsideration of the plaintiffs claim for injuries allegedly caused by the states negligent failure to maintain a public highway because court of appeals could not tell whether parties presented and court considered all relevant evidence on the issue B. holding that a remand for an evidentiary hearing was unnecessary in part because the record negated the possibility that counsels omission was strategic 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 the defendant was entitled to a pretrial evidentiary hearing on his claim of immunity based on selfdefense E. holding that such statements were not even enough for an evidentiary hearing

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

user: Read the legal provision and list the applicable contract clause categories. Provision: If any provision of this Agreement is determined by a court or other government entity to be unenforceable, the Parties shall cooperate in good faith to rewrite such provision so that it is enforceable to the maximum extent permitted by applicable law, and the Parties shall abide by the provisions as rewritten. If any provision of this Agreement cannot be rewritten, the provision shall be severed from this Agreement, but every other provision of this Agreement shall remain in full force and effect.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Amendment, together with the Loan Agreement and the other Loan Documents, is the entire agreement between the parties hereto with respect to the subject matter hereof. This Amendment supersedes all prior and contemporaneous oral and written agreements and discussions with respect to the subject matter hereof.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: a third party. As noted, there is no identifiable third party in this case. The transfers are thus properly viewed as either benefiting the Fund or benefiting Bear Stearns. In either case, reliance by Bear Stearns on the mere conduit concept is unavailing. More importantly, once the funds were deposited, and as long as short positions were open, Bear Stearns did not have to respond to directions from the Fund. Indeed, so long as there were open short positions, Bear Stearns was not required to return the money to the Fund and was also able to initiate affirmative measures with respect to the funds. Thus, Bear Stearns’s position is simply not parallel to the traditional bank cases. See Malloy v. Citizens Bank of Sapulpa (In re First Security Mortgage Co.), 33 F.3d 42, 43 (10th Cir.1994) (<HOLDING>); see also In re Chase & Sanborn, 848 F.2d at Options: A. holding a party to be an initial transferee because she was given legal title to the funds B. holding that theft by taking conviction was supported by evidence of unlawful taking rather than unlawful appropriation of funds where defendant who was given an electronic banking card encoded with the account number of another customer withdrew funds from bank account knowing that she was obtaining funds which did not belong to her and which she had no right to receive C. holding that bank was not an initial transferee where transferor exercised complete discretion regarding deposits to and disbursements from the account and he was entitled to possession of all account funds upon demand D. holding that language in a merrill lynch customer account agreement that the plaintiff signed upon opening the first account providing for arbitration of any controversy arising out of its business applied to the disputed second account even though the plaintiff did not sign a separate customer account agreement for the second account E. holding that where bank account titled in the names of two married persons a presumption arises that both hold the funds in the account as a tenancy by the entirety

assistant: The best answer is C. holding that bank was not an initial transferee where transferor exercised complete discretion regarding deposits to and disbursements from the account and he was entitled to possession of all account funds upon demand
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: that the Court has rejected the notion that the agency must “expressly parse or refute on the record each individual argument or piece of evidence offered by the petitioner”); see also Xiao Ji Chen, 471 F.3d at 336 n. 17 (presuming that the agency “has taken into account all of the evidence before [it], unless the record compellingly suggests otherwise”). Moreover, the agency did not err in declining to afford any evidentiary weight to a copy of a letter from Lu’s village committee because that letter lacked any indicia of authenticity. See Xiao Ji Chen, 471 F.3d at 342 (finding that the weight afforded to the applicant’s evidence in immigration proceedings lies largely within the discretion of the agency); see Matter of H-L-H & Z-Y-Z-, 25 I. & N. Dec. 209, 214 & n. 5 (B.I.A.2010) (<HOLDING>). Consequently, substantial evidence supports Options: A. holding that the the statement of the purpose of the law in question in the committee report is not conclusive and reiterating that the question is whether the law is reasonably calculated to achieve a legitimate police power purpose B. holding that the court has the discretion to bar a defendant from introducing documents that would have served no purpose other than to repeat the testimony given by the witness C. holding that prison disciplinary hearing committee members are entitled to qualified immunity D. holding that unsigned unauthenticated documents from a street resident committee and villager committee that fail to identify the authors are entitled to minimal weight especially when the documents were allegedly obtained from the authorities specifically for the purpose of the hearing on the applicants behalf E. holding that the fact that the members of the grievance committee and the disciplinary counsel are appointed by the supreme court is not enough by itself to establish a per se violation of due process

assistant: The best answer is D. holding that unsigned unauthenticated documents from a street resident committee and villager committee that fail to identify the authors are entitled to minimal weight especially when the documents were allegedly obtained from the authorities specifically for the purpose of the hearing on the applicants behalf
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: omitted.) State v. Cole, 50 Conn. App. 312, 330-31, 718 A.2d 457 (1998), aff'd, 254 Conn. 88, 755 A.2d 202 (2000). In a civil case, the appellant has the burden of establishing the specific harmfulness of the error by demonstrating the likelihood that the evidentiary ruling had affected the result. Constantine v. Schneider, 49 Conn. App. 378, 393, 715 A.2d 772 (1998). We conclude that the introduction of hearsay during Lenes’ testimony was harmless. The court, in its memorandum of decision, did not rely on any evidence introduced during Lenes’ testimony that had not been introduced by either the plaintiff or Reddick, and the defendant does not explain how Lenes’ testimony affected the court’s decision. See Sokolowski v. Medi Mart, Inc., 24 Conn. App. 276, 282, 587 A.2d 1056 (1991) (<HOLDING>). We therefore conclude that the court Options: A. holding that appellant failed to preserve error because it did not present appellate complaint to trial court B. holding absence of record harmless when hearing was not evidentiary and appellant failed to argue harm C. holding that any error was harmless and thus not plain error D. holding that plaintiffs who alleged a subjective chill of their first amendment rights failed to establish specific present objective harm or a threat of specific future harm E. holding that error harmless because appellant failed to identify any specific harm from improper introduction of evidence

assistant: The best answer is E. holding that error harmless because appellant failed to identify any specific harm from improper introduction of evidence
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: If a credit reporting agency is negligent in failing to comply with FCRA, it is liable only for “actual damages sustained by the consumer as a result of the failure.” 15 U.S.C. § 1681o(a)(l). Selvam does not allege that he applied for or forwent applying for any credit after the date on which Experian was informed to delete the LVNV Funding account, July 7, 2012 and before the GECRB/Care Credit accounts were deleted in December 2012. Because Selvam does not allege any way in which he was damaged by the alleged inaccuracy during the time period he alleges Experian had “reason ... to question the accuracy of the ... GE information,” Appellant Br. 21, he does not plausibly allege he suffered any actual damages. See Casella v. Equifax Credit Info. Servs., 56 F.3d 469, 475 (2d Cir. 1995) (<HOLDING>). A credit reporting agency may also be liable Options: A. holding that where there is no evidence that during the period in which the credit reporting agency carried the inaccurate information that it provided plaintiffs credit report to any third party no rational trier of fact could infer that any potential creditor or other person in plaintiffs community learned of any helpful information from the defendant credit reporting agency B. holding that a consumer reporting agency which gives a consumer report to the attorney representing the agency is not subject to the fcra because the attorney is not a traditional third party C. holding in the context of a fcra violation that a jury could find that a consumers credit score was negatively influenced by the failure to list a debt as disputed because evidence was presented that when a credit reporting agency received notice of a dispute it records the dispute in the credit report and does not include the derogatory information in assessing the credit score D. recognizing statutory credit E. holding that the fcras provision that a lender may only use and obtain consumer credit information for the purpose of making a firm offer of credit requires that the lender offer something of value as an extension of credit alone

assistant: The best answer is A. holding that where there is no evidence that during the period in which the credit reporting agency carried the inaccurate information that it provided plaintiffs credit report to any third party no rational trier of fact could infer that any potential creditor or other person in plaintiffs community learned of any helpful information from the defendant credit reporting agency
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: No failure to exercise, and no delay in exercising, on the part of the Bank, any right, power or privilege hereunder or under any other Loan Document or applicable Law shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege of the Bank. The rights and remedies herein provided are cumulative and not exclusive of any other rights or remedies provided by any other instrument or by law. No amendment, modification or waiver of any provision of this Agreement or any other Loan Document shall be effective unless the same shall be in writing and signed by the parties. No notice to or demand on Borrowers in any case shall entitle Borrowers to any other or further notice or demand in similar or other circumstances.

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: have been required to examine the entire public record and would have discovered the foreclosure judgment....”). These recorded instruments would charge any subsequent purchaser with the information contained in them. Fairmont Funding, 301 A.D.2d at 564, 754 N.Y.S.2d 54 (“The intended purchaser must be presumed to have investigated the title, and to have examined every deed or instrument properly recorded, and to have known every fact disclosed or to which an inquiry suggested by the record would have led.”). The Foreclosure Judgment provides a purchaser with notice that a foreclosure sale was authorized by the court, and at a minimum would require a purchaser to inquire whether a foreclosure sale had occurred. See In re Davidson Rehab Associates, 103 B.R. 440, 444 (Bankr.S.D.N.Y.1989) (<HOLDING>). Furthermore, here the Referee’s Report of Options: A. holding that where property subject to the irss timely filed lien is sold during a nonjudicial sale and the irs is not given notice of the sale the sale of the property is made subject to and without disturbing the lien B. holding that plaintiffmortgagor lacked standing to enforce the terms of a foreclosure sale since there was no statutory authority allowing a mortgagor to enforce the provisions of a sale agreement when a foreclosure purchaser is in default C. holding that a properly conducted nonjudicial foreclosure sale quiets title in the purchaser D. holding that a wouldbe bona fide purchaser could not simply ignore the recorded notices of an impending nonjudicial foreclosure sale and fail to make inquiry as to whether the announced sale had occurred E. holding that subsequent to a judicial sale the report of the sale must be made to and ratified by the court before a deed for the property is given by the trustee to the purchaser

assistant: The best answer is D. holding that a wouldbe bona fide purchaser could not simply ignore the recorded notices of an impending nonjudicial foreclosure sale and fail to make inquiry as to whether the announced sale had occurred
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: 434 U.S. 356 98 S.Ct. 786 54 L.Ed.2d 603 James Y. CARTER, etc., petitioner,v.Luther MILLER, etc No. 76-1171 Supreme Court of the United States January 17, 1978 On Writ of Certiorari to the United States Court of Appeals for the Seventh Circuit. Jan. 17, 1978. PER CURIAM. 1 The judgment is affirmed by an equally divided Court. 2 Mr. Justice BLACKMUN took no part in the consideration or decision of this case.

assistant: 8
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the conduct, “if performed in other than legislative lations, they were fulfilling discretionary, policymaking functions implicating State budgetary priorities. As discussed supra, Plaintiffs claim that defendants acts were ultra vires, without authority, and null and void. Taking the allegations in the complaint as true, as the Court must do on a motion to dismiss, Plaintiffs have sufficiently alleged that Defendants were acting beyond the scope of their authority as public officials. Drawing all reasonable inferences in Plaintiffs’ favor, the Court finds that the allegations are sufficiently pled to defeat Defendants’ motion at this stage of the litigation. See Collin Cnty. Tex. v. Homeowners Ass’n for Values Essential to Neighborhoods (HAVEN), 654 F.Supp. 943, 949 (N.D.Tex.1987) (<HOLDING>). At this stage of the litigation, based upon Options: A. holding that the burden is on the defendants to establish the existence of absolute legislative immunity B. holding that the plaintiffs allegations that the defendants actions were ultra vires in character and that they acted outside of their capacities as public officials arguably deprives the defendants of rule 12b6 dismissal based upon an absolute immunity defense C. holding that a plaintiffs breach of contract claim failed because he could make no showing that the individual defendants acted in their individual capacities when they signed the contract on behalf of the employer housing authority D. holding that while a witness and prosecutor were protected by absolute immunity for their participation in judicial proceedings they were not entitled to absolute immunity on a 1983 claim that they conspired to present false testimony E. holding that the public policy considerations supporting public officials immunity required that the immunity be applied to bar contribution actions as well as direct actions

assistant: The best answer is B. holding that the plaintiffs allegations that the defendants actions were ultra vires in character and that they acted outside of their capacities as public officials arguably deprives the defendants of rule 12b6 dismissal based upon an absolute immunity defense
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: Notice given by one party to the other party shall be delivered to the addresses set forth in this Agreement until either party notifies the other party in writing of change of address. As long as such notice was delivered to the addresses set forth in this Agreement, it shall be deemed validly given on: the seventh (7 th ) business day of Creditor following registered mailing of the letter; the signing day of receipt if delivered by hand; the sending day if delivered by fax or e-mail. However, all notices, requests or other communications sent to Creditor shall be only deemed validly given when Creditor actually received, in which case all original versions of such communications shall be delivered by hand or by post to Creditor for confirmation.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: If any part of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, illegal or incapable of being enforced in whole or in part by reason of any rule of law or public policy, such part shall be deemed to be severed from the remainder of this Agreement for the purpose only of the particular legal proceedings in question, and all other covenants and provisions of this Agreement shall in every other respect continue in full force and effect and no covenant or provision shall be deemed dependent upon any other covenant or provision.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: at night in an area, known for narcotics activity, 2) the manner in which McCray was standing with Bellflower, an individual who the police had previously encountered and who was believed to be involved in drug activity, and 3) McCray’s alleged unprovoked flight when the officers questioned him. Given the totality of the circumstances, the court is not persuaded by the Government’s arguments. The court will address these factors cited by the Government in turn. 1. The Area’s Reputation for Narcotics Activity and the Late Hour First, the court concludes that the area’s reputation for narcotics activity and the late hour of the evening are not objective factors that contribute to reason able suspicion within the context of this stop. See United States v. Carter, 1999 WL 1007044 at *4-5 (<HOLDING>). Although the reputation of an area for Options: A. holding that an areas reputation for criminal activity alone cannot justify an investigatory stop B. holding that circumstances created reasonable suspicion for investigatory stop C. holding circumstances supporting reasonable suspicion for an investigatory stop of occupants of a van included that the van was located near the vicinity where officers had reports earlier that evening of breakins involving a van D. holding that neither the areas reputation nor the late hour of the evening could be used to establish reasonable suspicion where a stop occurred near a hospital E. holding that the areas propensity toward criminal activity is one factor to be considered in determining the existence of reasonable suspicion

assistant: The best answer is D. holding that neither the areas reputation nor the late hour of the evening could be used to establish reasonable suspicion where a stop occurred near a hospital
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 itself a state court, the form of the proceeding is not determinative under Rooker-Feldman; rather, it is the nature, character, and effect of the proceedings themselves that is controlling. Feldman, 460 U.S. at 482, 103 S.Ct. 1303. In Feldman, the Supreme Court took note of the judicial nature of state bar disciplinary proceedings. Id. at 482 n. 15, 103 S.Ct. 1303 (citing Middlesex County Ethics Comm. v. Garden State Bar Ass’n, 457 U.S. 423, 102 S.Ct. 2515, 73 L.Ed.2d 116 (1982)). Additionally, this court has held that the disciplinary board of a state bar can be considered as part of the “system of state courts” and that their judicial decisions are not subject to review by the federal courts. See Allstate Ins. Co. v. West Virginia State Bar, 233 F.3d 813, 817-18 (4th Cir.2000) (<HOLDING>). The Virginia State Bar is, by statute, an arm Options: A. holding rookerfeldman doctrine deprived district court of jurisdiction to review decision of west virginia state bar B. holding that rookerfeldman doctrine bars federal determination of claim where the district court must hold that the state court was wrong in order to find in favor of the plaintiff C. holding rookerfeldman doctrine inapplicable to claims that do not require review of a judicial decision in a particular case D. holding that the rookerfeldman doctrine is broad enough to bar all federal claims that were or should have been central to the state court decision E. holding that a state court judgment that modifies a discharge in bankruptcy is void ab initio and the rookerfeldman doctrine would not bar federal court jurisdiction

assistant: The best answer is A. holding rookerfeldman doctrine deprived district court of jurisdiction to review decision of west virginia state bar
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 letter agreement shall be construed and enforced in accordance with, and the rights of the parties shall be governed by, the laws of the State of New York, excluding choice of law principles of the law of such state that would permit the application of the laws of a jurisdiction other than such state.

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: Employee agrees that this Agreement and all discussions and negotiations concerning this Agreement and its terms shall be confidential and shall not be disclosed to anyone other than Employee’s spouse and financial advisor and only after Employee has received assurances from such person(s) to abide by the terms of this Section 5 . Employee acknowledges that the Company may have an obligation to file or disclose this Agreement to governmental agencies.

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: S. C. § 78n(a), “where a legal structure of private statutory rights has developed without clear indications of congressional intent,” a federal court has the limited power to define “the contours of that structure.” Virginia Bankshares, Inc. v. Sandberg, 501 U. S. 1088, 1104 (1991). As to this proposition we were unanimous. See ibid. (Souter, J., joined by Rehnquist, C. J., and White, O’Connor, and Scalia, JJ.); id., at 1114 (Kennedy, J., joined by Marshall, Blackmun, and Stevens, JJ., concurring in part and dissenting in part) (“Where an implied cause of action is well accepted by our own cases and has become an established part of the securities laws ... we should enforce it as a meaningful remedy unless we are to eliminate it altogether”). See also Blue Chip Stamps, supra, at 737 (<HOLDING>). We are not alone in recognizing a judicial Options: A. recognizing the cause of action B. recognizing the authority of federal courts to define the contours of a private cause of action under rule 10b5 and to flesh out the portions of the law with respect to which neither the congressional enactment nor the administrative regulations offer conclusive guidance C. holding that neither the language nor the legislative history of the fcpa indicates the congressional intent to create a private right of action D. recognizing cause of action E. holding that there was no federal subject matter jurisdiction under the private cause of action provision of the act

assistant: The best answer is B. recognizing the authority of federal courts to define the contours of a private cause of action under rule 10b5 and to flesh out the portions of the law with respect to which neither the congressional enactment nor the administrative regulations offer conclusive guidance
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: If your employment is terminated because of your Disability during the Employment Period, this Agreement will terminate without any further obligation on the part of the Company under this Agreement, other than for (i) payment of the Accrued Obligations and three months of your Base Salary (which shall be paid to you in a lump sum cash payment within 30 days of the Date of Termination; (ii) the timely payment or provision of the Welfare Continuance Benefit for 12 months following the Date of Termination pursuant to Section 6(a)(iii) and on the terms and conditions set forth therein; and (iii) the timely payment of all disability and retirement benefits pursuant to the terms of any plan, policy or arrangement of the Company and its affiliated companies.

assistant: Disability
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: us to “refrain from adjudicating these issues at this time because the record on appeal is incomplete,” and because the appropriate tool for raising these claims is a 28 U.S.C. § 2255 habeas corpus petition. However, the government contends that if we do address DeCecco’s ineffective-assistance claims, we should reject them because the representation provided by defense counsel was not substandard and did not prejudice DeCecco. Because the present record is sufficient for us to conclude that DeCecco’s defense counsel did not provide ineffective assistance, we find it efficient to address his claims now. None of the instances of allegedly ineffective assistance to which DeCecco points caused him prejudice. See Strickland v. Washington, 466 U.S. 668, 693, 104 S.Ct. 2052, 80 L.Ed.2d 674 (<HOLDING>). The district court clearly decided to deny Options: A. holding that noneonstitutional errors in civil suits are harmless only if it is highly probable that the errors did not affect the outcome of the case B. holding that even if a defendant shows that particular errors of counsel were unreasonable he must show that they actually had an adverse effect on the defense and not merely that the errors had some conceivable effect on the outcome of the proceeding C. holding that the combined effect of trial counsels errors should be considered D. holding that a habeas petitioner must show that counsels errors actually prejudiced him E. holding counsel cannot be ineffective based on errors that the appellate court determined on direct appeal were not errors plain or otherwise

assistant: The best answer is B. holding that even if a defendant shows that particular errors of counsel were unreasonable he must show that they actually had an adverse effect on the defense and not merely that the errors had some conceivable effect on the outcome of the proceeding
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Id. (footnote omitted). Hartt’s objection, however, minimizes the importance of temporal proximity in retaliation cases. The First Circuit has held that for claims under FMLA and Title VII alike, “[a] showing of discharge soon after the employee engages in an activity specifically protected by [statute] is indirect proof of a causal connection between the firing and the activity because it is strongly suggestive of retaliation.” Oliver v. Digital Equip. Corp., 846 F.2d 103, 110 (1st Cir.1988). The parties do not dispute that the adverse employment actions of reassignment and termination occurred only a few weeks after Mr. Brown engaged in the protected activity of taking medical leave. That alone may be sufficient to demonstrate a retaliatory motive. See Hodgens, 144 F.3d at 167-168 (<HOLDING>) (citation omitted). But Mr. Brown presents Options: A. holding that temporal proximity between the alleged retaliators knowledge of a protected activity and an adverse employment action may be sufficient to establish causal connection or retaliatory motive in some cases B. holding that a temporal link between protected activity and an adverse employment action may in some cases be sufficient to create an inference of retaliation C. holding that an elevenmonth gap in time is within the range that has been found to support an inference of retaliatory motive D. recognizing that protected conduct closely followed by adverse action may justify an inference of retaliatory motive E. holding that title vii plaintiff must show that retaliatory motive played a part in the adverse employment action

assistant: The best answer is D. recognizing that protected conduct closely followed by adverse action may justify an inference of retaliatory motive
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 Note and all acts and transactions pursuant hereto and the rights and obligations of the parties hereto shall be governed, construed and interpreted in accordance with the laws of the Commonwealth of Pennsylvania, without giving effect to principles of conflicts of law and choice of law that would cause the laws of any other jurisdiction to apply.

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: to the bottom of the guidelines and were to run concurrent with each other. Cooper moved to correct sentencing errors because the scoresheets improperly included 23 points for robbery with a firearm when they should have only included 9 points for the lesser included offense of robbery. The trial court failed to rule on this motion within the time allowed by Florida Rule of Criminal Procedure 3.800(b)(2)(B). As such the motion is deemed denied. “All defendants are entitled to be sentenced under a correctly scored and calculated score sheet.” Fortner v. State, 830 So.2d 174, 175 (Fla. 2d DCA 2002). It is undisputed that Cooper was not sentenced under a correct score sheet with respect to the charges of burglary of a dwelling and dealing in stolen property. The second district A 2001) (<HOLDING>); Williams v. State, 773 So.2d 660 (Fla. 5th Options: A. holding defendant sentenced to term equal to maximum guidelines sentence under improperly calculated sentencing guidelines scoresheet was not entitled to be resentenced because defendant was habitualized such that sentencing guidelines score sheet was irrelevant and the sentence imposed was not illegal B. holding habitual sentence rendered guidelines scoresheet irrelevant C. holding sentencing scoresheet errors harmless where imposition of violent habitual offender sentence was appropriate rendering guidelines inapplicable D. holding that where original sentencing judge imposed a guidelines sentence defendant could not be sentenced as a habitual offender upon violation of probation E. holding habitual offender sentence rendered any errors in guidelines score sheet harmless

assistant: The best answer is B. holding habitual sentence rendered guidelines scoresheet irrelevant
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: it is ebay europe s.à r.l. , 22-24 boulevard royal , l-2449 luxembourg if you reside in the european union ; and , except as provided below , ebay international ag , helvetiastrasse 15/17 , 3005 , bern , switzerland if you reside in any other country .

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: is not required to consider whether it will receive revenue from the collection or whether the collection will negatively impact the taxpayer’s business. As this Court has noted, there is little about this requirement in Sixth Circuit case law and, in most cases, a reviewing court affirms the Appeals Officer’s determination that the balancing test was correctly applied. Living Care Alternatives of Utica, 411 F.3d at 627. Current case law supports the Government’s argument that the IRS is not required to include in its balancing analysis whether it “will receive any revenue from a levy or sale, or whether the business will have to close down due to the levy and sale.” Living Care Alternatives of Utica, 411 F.3d at 628; Medlock v. United States, 325 F.Supp.2d 1064, 1079 (C.D.Cal.2003) (<HOLDING>). Appellants also complain that the Appeals Options: A. holding that a victim impact aggravator was not unconstitutionally vague because it directed the jury to consider inter alia the effect of the crime on the victims family B. recognizing the general rule that a court of appeals will not consider an issue raised for the first time on appeal C. holding that the appeals officer was not required to consider the impact of a levy on the taxpayers customers D. holding that even if the inability to pay was the result of government regulation it would not excuse the tax liability and that there is no requirement that the united states consider whether it will receive any revenue from the levy E. holding that the impact upon the victims is relevant to circumstances of the crime

assistant: The best answer is C. holding that the appeals officer was not required to consider the impact of a levy on the taxpayers customers
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 the payments and benefits under this Agreement are subject to Section 409A of the Code, this Agreement shall be interpreted, construed and administered in a manner that satisfies the requirements of Sections 409A(a)(2), (3) and (4) of the Code and the Treasury Regulations thereunder (and any applicable transition relief under Section 409A of the Code). To the extent that any provision of this Agreement is ambiguous as to its compliance with Section 409A of the Code, the provision shall be read in such a manner that no payments payable under this Agreement shall be subject to an "additional tax" as defined in Section 409A(a)(1)(B) of the Code. Each series of installment payments made under this Agreement is hereby designated as a series of "separate payments" within the meaning of Section 409A of the Code.

assistant: Interpretations