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: the circumstances,’ as our cases have understood that phrase. The court appeared to believe that each observation by Stoddard that was by itself readily susceptible to an innocent explanation was entitled to ‘no weight.’ See 232 F.3d, at 1249-1251. Terry [v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968)], however, precludes this sort of divide-and-conquer analysis. The officer in Terry observed the petitioner and his companions repeatedly walk back and forth, look into a store window, and confer with one another. Although each of the series of acts was ‘perhaps innocent in itself,’ we held that, taken together, they ‘warrant ed further investigation.’ 392 U.S., at 22, 88 S.Ct. 1868. See also [United States v.] Sokolow, [490 U.S. 1], at 9, 109 S.Ct. 1581[, 104 L.Ed.2d 1 (1989)] (<HOLDING>).” 534 U.S. at 274-75, 122 S.Ct. at 751. Judge Options: A. holding that while each separate item standing alone did not provide reasonable suspicion a combination of factors clearly satisfied the reasonable suspicion requirement B. holding that contradictory or implausible travel plans can contribute to a reasonable suspicion of illegal activity C. holding that factors that ordinarily constitute innocent behavior may provide a composite picture sufficient to raise reasonable suspicion D. holding innocent facts when considered together can give rise to reasonable suspicion E. holding that factors which by themselves were quite consistent with innocent travel collectively amounted to reasonable suspicion

assistant: The best answer is E. holding that factors which by themselves were quite consistent with innocent travel collectively amounted to reasonable suspicion
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: required to obtain this Court’s leave to file pursuant to 28 U.S.C. § 2255. 28 U.S.C. § 2255 118. He failed to do so, and, thus, pursuant to the Antiterrorism and Effective Death Penalty Act of 1996, Pub.L. No. 104-32, 110 Stat. 1214 (1996), we conclude that the district court lacked jurisdiction to entertain Burns’s claims. See, e.g., Fugate v. Dep’t of Corrs., 301 F.3d 1287, 1288 (11th Cir.2002) (affirming after holding that a 42 U.S.C. § 1983 claim of cruel and unusual punishment to seek relief from a death sentence is the functional equivalent of a second or successive habeas petition, and the district court lacked jurisdiction to consider the claim because the petitioner had not sought permission from this Court to file it); Wofford v. Scott, 177 F.3d 1236, 1245 (11th Cir.1999) (<HOLDING>). We, therefore, AFFIRM the district court’s Options: A. holding habeas review was available to federal prisoner claiming actual innocence who was barred from bringing a successive 2255 motion because the denial of collateral review would raise sufficiently serious constitutional questions under the eighth amendment and the due process clause B. holding that a prisoner cannot use the savings clause of 28 usc 2241 to escape the restrictions on successive 2255 motions and the failure to raise an available claim earlier C. holding that a claim under booker does not fit within the savings clause of 28 usc 2255 D. holding that equitable tolling is available for petitions filed pursuant to 28 usc 2255 E. recognizing that 2241 is not available under the inadequateorineffectiveremedy escape hatch of 2255 merely because the court of appeals refuses to certify a second or successive motion under the gatekeeping provisions of 2255

assistant: The best answer is B. holding that a prisoner cannot use the savings clause of 28 usc 2241 to escape the restrictions on successive 2255 motions and the failure to raise an available claim earlier
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: regarding the exclusivity provisions of Mass. Gen. Laws ch. 152, § 24 are determined by the judge, justiciable by motion. Anzalone v. Massachusetts Bay Transp. Authority, 403 Mass. 119, 125, 526 N.E.2d 246, 249 (1988); Foley v. Polaroid Corp., 381 Mass. 545, 548, 413 N.E.2d 711, 713 (1980); Catalano v. First Essex Sav. Bank, 37 Mass.App.Ct. 377, 381, 639 N.E.2d 1113, 1116 (1994). It is reasonable to infer that the Verdict and Judgment followed the State Court judge’s consideration and denial of motions to invoke the exclusivity clause under the Act, M.G.L. c. 152, § 24. In Massachusetts, that level of adjudication is sufficient to provide preclu-sive effect for the issue underlying the motion in a subsequent forum. Jarosz v. Palmer, 49 Mass.App.Ct. 834, 836, 733 N.E.2d 164, 167 (2000) (<HOLDING>) aff'd 436 Mass. 526, 531, 766 N.E.2d 482, 488 Options: A. holding that an issue is preserved for appeal where the issue was sufficiently raised for the court to rule on it B. holding that an evidentiary hearing is necessary only if the party requesting the hearing raises a significant disputed factual issue C. holding that an evidentiary hearing or jury trial is not necessary for an issue to have preclusive effect if it was properly raised in the prior proceeding was submitted for determination and was actually determined citing restatement second of judgments 27 cmt d D. holding that the disputed issue with respect to the state law bar was properly submitted to the jury E. holding that the doctrine of collateral estoppel bars readjudication of issues when 1 the prior suit resulted in judgment on the merits 2 identical issues are involved 3 the issue was actually litigated 4 the issue was actually determined and 5 the determination was necessary to the resulting judgment

assistant: The best answer is C. holding that an evidentiary hearing or jury trial is not necessary for an issue to have preclusive effect if it was properly raised in the prior proceeding was submitted for determination and was actually determined citing restatement second of judgments 27 cmt d
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: it is relatively well-settled, despite some ambiguity in the statutory language, that an injury to Body Part X resulting in a functional impairment to Body Part Y will be classified according to X and not according to Y under the schedule. Our Circuit was the first to articulate this “situs of the injury” rule, in Long v. Director, OWCP, 767 F.2d 1578 (9th Cir.1985), which construed the Act to mandate recovery under § 908(c)(21) rather than under the schedule “for impairments to limbs caused by an accidental injury to a part of the body not specified in the schedule.” 767 F.2d at 1582. Since then, the First and Fifth Circuits have both followed Long, while no other circuit has taken a contravening approach. See Barker v. U.S. Dept. of Labor, 138 F.3d 431, 434-435 (1st Cir.1998) (<HOLDING>); Pool Co. v. Director, OWCP, 206 F.3d 543, 547 Options: A. holding that to have standing a plaintiff must establish an injury in fact a casual connection between the injury and that the injury will be redressed by a favorable decision B. holding that while the language of sec tion 908c may admit of differing interpretations an injury to a body part not included in the schedule must be compensated as an unscheduled injury no matter that the petitioners symptoms extend beyond the injured area C. holding that in order to establish standing a plaintiff must show 1 it has suffered an injury in fact 2 the injury is fairly traceable to the challenged action of the defendant and 3 it is likely as opposed to merely speculative that the injury will be redressed by a favorable decision D. holding that the fatal injury to a murder victim may be considered as satisfying the bodily injury component of the capital felony of kidnapping with bodily injury E. holding that use of tangible property must be proximate cause of injury and that property does not cause injury if it does no more than furnish the condition that makes the injury possible

assistant: The best answer is B. holding that while the language of sec tion 908c may admit of differing interpretations an injury to a body part not included in the schedule must be compensated as an unscheduled injury no matter that the petitioners symptoms extend beyond the injured area
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: vivino reserves the right , at its sole discretion , to modify or replace any of these terms of use , or change , suspend , or discontinue the service ( including without limitation , the availability of any feature , database , or content ) at any time by posting a notice on the site or by sending you notice through the service or via email .

assistant: Unilateral change
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: Moreover, the Supreme Court has made clear that courts err by characterizing as a question of “standing” the issue of whether a particular litigant is authorized to bring a substantive claim under a statute. See Lexmark Int’l, Inc. v. Static Control Components, Inc., — U.S. —, 134 S.Ct. 1377, 1387, 188 L.Ed.2d 392 (2014) (“Although we admittedly have placed [the zone-of-interests] test under the ‘prudential’ [standing] rubric in the past, it does not belong there .... Whether a plaintiff comes within ‘the “zone of interests” ’ is an issue that requires us to determine, using traditional tools of statutory interpretation,. whether a legislatively conferred cause of action .encompasses' a particular plaintiffs claim.” (citation omitted)); Bond, 564 U.S. at 218-19, 131 S.Ct. 2355 (<HOLDING>). Thus, the question that courts have Options: A. holding that tennessee electric power co v tva 306 us 118 59 sct 366 83 led 543 1939 had improperly conflated the merits question of whether the plaintiff inthat case had a cause of action with the justiciability question of whether the plaintiff had standing to raise a federalism challenge B. holding that plaintiff had standing where the beneficiary of a letter of credit had assigned to plaintiff its cause of action for wrongful dishonor of the letter of credit C. holding that the question whether a cause of action exists is not a question of jurisdiction and therefore may be assumed without being decided D. holding that the question of whether police had a reasonable basis for finding that a third party had authority to consent to search is a question of law E. holding that by its plain meaning section 1367 overrules clark v paul gray inc 306 us 583 59 sct 744 83 led 1001 1939 in which the supreme court held in a nonclass action case that each plaintiffs claim must satisfy the amount in controversy requirement

assistant: The best answer is A. holding that tennessee electric power co v tva 306 us 118 59 sct 366 83 led 543 1939 had improperly conflated the merits question of whether the plaintiff inthat case had a cause of action with the justiciability question of whether the plaintiff had standing to raise a federalism challenge
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: In the event of: (a) a Termination of Employment due to voluntary retirement after reaching normal retirement age as defined in the Bank's Deferred Compensation Plan as then in effect, (b) death, or (c) Disability during a Performance Period, a prorated award may be paid to the Participant (or the Participant’s Personal Representative in the case of death). The amount of any prorated award will be determined by the number of months that the Participant was employed by the Bank and not on a leave of absence during the Performance Period, divided by 36. An award paid under this Section 5.4, if any, shall be paid in the taxable year of the Bank immediately following the end of the Performance Period. These prorated awards, if any, will be paid no later than 60 days after the date on which the Board of Directors’ approval of Final Awards, if any, becomes effective.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: EACH LENDER, EACH LOAN PARTY AND THE ADMINISTRATIVE AGENT HEREBY IRREVOCABLY AND UNCONDITIONALLY SUBMITS, FOR ITSELF AND ITS PROPERTY, TO THE EXCLUSIVE JURISDICTION OF ANY FEDERAL OR STATE COURT LOCATED IN THE BOROUGH OF MANHATTAN IN THE CITY OF NEW YORK, AND ANY APPELLATE COURT FROM ANY THEREOF, IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO ANY LOAN DOCUMENT (EXCLUDING THE ENFORCEMENT OF THE SECURITY DOCUMENTS TO THE EXTENT SUCH SECURITY DOCUMENTS EXPRESSLY PROVIDE OTHERWISE), OR FOR RECOGNITION OR ENFORCEMENT OF ANY JUDGMENT, AND EACH OF SUCH PARTIES HERETO HEREBY IRREVOCABLY AND UNCONDITIONALLY AGREES THAT ALL CLAIMS IN RESPECT OF ANY SUCH ACTION OR PROCEEDING MAY BE HEARD AND DETERMINED IN SUCH NEW YORK STATE OR, TO THE EXTENT PERMITTED BY LAW, IN SUCH FEDERAL COURT. EACH OF SUCH PARTIES HERETO AGREES THAT A FINAL JUDGMENT IN ANY SUCH ACTION OR PROCEEDING SHALL BE CONCLUSIVE AND MAY BE ENFORCED IN OTHER JURISDICTIONS BY SUIT ON THE JUDGMENT OR IN ANY OTHER MANNER PROVIDED BY LAW ; PROVIDED, THAT WITH RESPECT TO ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THE ROTHSAY ACQUISITION AGREEMENT OR VION ACQUISITION AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY AND WHICH DO NOT INVOLVE CLAIMS AGAINST THE COMMITMENT PARTIES, THE ADMINISTRATIVE AGENT, ANY ISSUING BANK, THE LENDERS OR THEIR AFFILIATES, THIS SENTENCE SHALL NOT OVERRIDE ANY JURISDICTION PROVISION SET FORTH IN THE VION ACQUISITION AGREEMENT OR THE ROTHSAY ACQUISITION AGREEMENT, RESPECTIVELY. .

assistant: Jurisdictions
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: Subject to the other provisions of this Section 4, all non-settled RSUs shall be forfeited if Awardee ceases to be a director of the Company prior to the Settlement Date. Upon any such forfeiture, under no circumstances will the Company be obligated to make any payment to Awardee, and no shares of Common Stock shall be issued, as a result of such forfeited RSUs.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: On and as of the Closing Date, the Company has no Subsidiaries other than those Subsidiaries listed on Schedule 5.12 . Schedule 5.12 correctly sets forth, as of the Closing Date, (x) the percentage ownership by the Company in the Equity Interests of each Subsidiary directly owned by the Company and the percentage ownership of each Subsidiary’s ownership in the Equity Interests of each other Subsidiary and (y) the name of each Immaterial Subsidiary and each Unrestricted Subsidiary. All outstanding shares of Equity Interests of each Restricted Subsidiary have been duly and validly issued, are fully paid and non-assessable and have been issued free of preemptive rights. No Restricted Subsidiary has outstanding any securities convertible into or exchangeable for its Equity Interests or outstanding any right to subscribe for or to purchase, or any options or warrants for the purchase of, or any agreement providing for the issuance (contingent or otherwise) of or any calls, commitments or claims of any character relating to, its Equity Interests or any stock appreciation or similar rights.

assistant: Subsidiaries
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 may be executed and delivered (including by electronic or facsimile transmission) in one or more counterparts, and by the different parties hereto in separate counterparts, each of which when executed shall be deemed to be an original but all of which taken together shall constitute one and the same 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 legal provision and list the applicable contract clause categories. Provision: All obligations of the Company under the Plan and this Agreement, with respect to the Award, shall be binding on any successor to the Company, whether the existence of such successor is the result of a direct or indirect purchase, merger, consolidation, or otherwise, of all or substantially all of the business and/or assets of the Company.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: however , if you cancel your payment or paid subscription and/or terminate any of the agreements ( 1 ) after you have accessed spotify during the cooling-off period , or ( 2 ) after the cooling-off period is over ( where applicable ) , or ( 3 ) before the end of the current subscription period , we will not refund any subscription fees already paid to us .

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: reviewing the admission of novel and complex scientific evidence, to assure itself that such evidence is reliable and generally accepted. See, e.g., Kelly, supra, 97 N.J. at 214, 478 A.2d 364 (recognizing such an obligation and acknowledging that the Court has power to order the trial court to conduct additional hearings to evaluate the claims of competing experts and to determine the reliability of the scientific evidence). As such, we must undertake a de novo review of that aspect of the record and can supplement the record with judicial opinions, scientific articles, and our own analysis. See Lindsey v. People, 892 P.2d 281, 289-90 (Colo.1995) (ruling that admission of novel DNA evidence “is a question of law” subject to de novo review); Brim v. State, 695 So.2d 268, 274 (Fla.1997) (<HOLDING>); People v. Miller, 173 Ill.2d 167, 219 Options: A. recognizing de novo standard of review B. recognizing abuse of discretion rather than de novo standard of review C. holding that the proper review for the trial courts application of the law is de novo D. holding that standard of review is a matter of procedural rather than substantive law E. holding that trial courts ruling admitting dna evidence is subject to de novo review and is reviewed as a matter of law rather than by an abuseofdiscretion standard

assistant: The best answer is E. holding that trial courts ruling admitting dna evidence is subject to de novo review and is reviewed as a matter of law rather than by an abuseofdiscretion standard
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed in two or more counterparts, which may be delivered in original, electronic or facsimile form, and each of which shall constitute an original, but all of which when taken together shall constitute but one contract, and shall become effective as provided in Section 13.11 .

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 legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed and delivered (including by facsimile transmission) in one or more counterparts, and by the different parties hereto in separate counterparts, each of which when executed and delivered shall be deemed to be an original but all of which taken together shall constitute one and the same agreement. Copies of executed counterparts transmitted by telecopy or other electronic transmission service shall be considered original executed counterparts for purposes 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: post , upload , publish , submit , or transmit any content that infringes , misappropriates , or violates a third party 's patent , copyright , trademark , trade secret , moral rights , or other intellectual property rights , or rights of publicity or privacy ;

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

user: Read the legal provision and list the applicable contract clause categories. Provision: No Eligible Employee who incurs a Severance during the Change in Control Protection Period or any Former Employee whose Severance Date occurred within the ninety (90) day period ending on the date that the Change in Control is consummated shall be eligible to receive any payments or other benefits under the Plan (other than payment of accrued obligations under Section 2.2 hereof) unless he or she first executes and delivers to the Company a general release in favor of the Company in substantially the form attached hereto as Exhibit C (the “Release”), and all applicable statutory revocation periods related to such Release shall expire, within sixty (60) days following such Eligible Employee’s Severance Date or, with respect to a Former Employee, the date of the Change in Control. Subject to Section 2.8 below, the payments and benefits described in Sections 2.3, 2.4 and 2.5 will be paid or provided (or begin to be paid or provided as applicable) as soon as administratively practicable following the date the Release becomes irrevocable, provided that if the 60-day period begins in one taxable year and ends in a second taxable year such payments or benefits shall not commence until the second taxable year.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns permitted hereby, except that no Borrower and no other Loan Party may assign or otherwise transfer any of its rights or obligations hereunder without the prior written consent of the Agent and each Lender, and no Lender may assign or otherwise transfer any of its rights or obligations hereunder except (i) to an assignee in accordance with the provisions of Section 9.6(b), (ii) by way of participation in accordance with Section 9.6(d), or (iii) by way of pledge or assignment of a security interest subject to Section 9.6(f) (and any other attempted assignment or transfer by any party hereto shall be null and void). Nothing in this Agreement, expressed or implied, shall be construed to confer upon any Person (other than the parties hereto, their respective successors and assigns permitted hereby, Participants to the extent provided in Section 9.6(d) and, to the extent expressly contemplated hereby, the Related Parties of each of the Agent and the Lenders) any legal or equitable right, remedy or claim under or by reason of this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Notwithstanding the foregoing, in no event shall a Participant be permitted to exercise an Option in a manner that the Committee determines would violate the Sarbanes-Oxley Act of 2002, if applicable, or any other applicable law or the applicable rules and regulations of the Securities and Exchange Commission or the applicable rules and regulations of any securities exchange or inter-dealer quotation system on which the securities of the Company are listed, traded or reported.

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: This Amendment has been duly executed and delivered by each Borrower and each other Loan Party. This Amendment and each Loan Document (as amended or modified hereby) is the legal, valid, and binding obligation of each Borrower and each other Loan Party, enforceable against each Borrower and each other Loan Party in accordance with its terms, and is in full force and effect, subject to applicable bankruptcy, insolvency, reorganization, moratorium or other laws affecting creditors’ rights generally and subject to general principles of equity, regardless of whether considered in a proceeding in equity or at law.

assistant: Enforceability
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 Borrower and each Lender hereby authorizes Agent to make appropriate announcements of the financial arrangement entered into among Borrowers, Agent and Lenders, including announcements which are commonly known as tombstones, in such publications and to such selected parties as Agent shall in its Permitted Discretion deem appropriate.

assistant: Publicity
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 amendment or waiver of any provision of this Agreement or any other Loan Document, nor consent to any departure by any Credit Party therefrom, shall in any event be effective unless the same shall be in writing and signed by the Bank (and in the case of an amendment) the Company, and then any such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given.

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 legal provision and list the applicable contract clause categories. Provision: The obligations of the parties pursuant to Sections 3(i), 5 through 9, and 12, as applicable, shall survive the Executive’s Termination of Employment hereunder for the period designated under each of those respective sections.

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: This Third Amendment may be executed by one or more of the parties hereto on any number of separate counterparts (including by facsimile), and all of said counterparts taken together shall be deemed to constitute one and the same instrument. Delivery of an executed signature page to this Third Amendment by facsimile or electronic transmission shall be as effective as the delivery of a manually executed counterpart of this Third Amendment.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: e.g., Hoyt, 806 P.2d at 211. 110 Thus, Marble argues that because it is clearly impermissible under rule 608 and the Ri ("[The purpose of [the plain error] rule is in no way implicated if defense counsel consciously elects to permit evidence to be admitted as part of a defense strategy rather than through inadvertence or neglect."). Therefore, despite the fact that counsel's alleged errors may have satisfied the test for plain error, which we do not decide, we review the merits of Marble's ineffective assistance of counsel claim exclusively under the Strickland test. ¶ 11 Under Strickland, the defendant must first demonstrate that counsel's performance was objectively deficient. To do this, the defendant "must overcome the strong presumption that his trial counsel rendered adequat 931 (<HOLDING>). Similarly, a defendant cannot demonstrate Options: A. recognizing that upon request the trial court may provide a limiting instruction to the jury B. holding that district courts incomplete 404b limiting instruction did not warrant reversal because district court told defense counsel what limiting instruction it would give and defense counsel did not object or request a more specific instruction C. holding that the failure to object to a trial courts instruction constitutes waiver D. holding that counsels failure to object or request a limiting instruction for evidence of defendants incarceration was sound trial strategy E. holding counsels failure to object to victim impact testimony and evidence was not ineffective assistance of counsel when the trial record was silent as to counsels strategy

assistant: The best answer is D. holding that counsels failure to object or request a limiting instruction for evidence of defendants incarceration was sound trial strategy
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 Court to..conclude that “conspiracy as defined in § 846 does not define a different offense from the CCE offense defined in § 848.” Id, The Court also noted that the CCE crime “is the more serious of the two, and ... only one. of its elements is necessary to prove a § 846 conspiracy,” Id, Accordingly, the Court held' that a conspiracy to violate § 846 is a lesser-included offense of a factually coterminous § 848 enterprise crime and remanded with instructions to vacate the lesser conviction and its concurrent sentence. Id. at 307, 116 S.Ct. 1241. Although Rutledge involved two drug, crimes found in Title 21, the Court’s reasoning plainly ápplies in the analogous context of a child-exploitation enterprise. See, e,g,, United States v. Wayerski, 624 F.3d 1342, 1350-51 (11th Cir. 2010) (<HOLDING>). Title 18 defines a child-exploitation Options: A. holding that where jury was instructed on both a greater offense and lesserincluded offense and the jury convicted on the lesserincluded offense the double jeopardy provision prohibited retrial on the greater offense B. holding that the notion of enterprise conspiracy has largely rendered the old distinction between single conspiracy and multiple conspiracy irrelevant to rico conspiracy charges C. holding that conspiracy is lesserincluded offense of cce D. holding that under rutledge a childpornography conspiracy is a lesserincluded offense of a childexploitation enterprise under 2252ag E. holding that conspiracy to commit murder is not lesserincluded offense of firstdegree murder

assistant: The best answer is D. holding that under rutledge a childpornography conspiracy is a lesserincluded offense of a childexploitation enterprise under 2252ag
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: postconviction motion, because access to the files and records pertaining to his case in the possession of certain state agencies has been withheld in violation of chapter 119, Florida Statutes; (9) the jury was misled in the penalty phase by comments, questions, and instructions that unconstitutionally and inaccurately diluted the jury’s sense of responsibility in the sentencing process, and trial counsel was ineffective for not properly objecting; and (10) Franqui’s sentence of death is premised on fundamental error because the jury received inadequate guidance under Florida’s capital sentencing statute concerning the aggravating circumstances to be considered, and trial counsel was ineffective in failing to object to these errors. 5 . Huff v. State, 622 So.2d 982, 983 (Fla.1993) (<HOLDING>). 6 . Ring v. Arizona, 536 U.S. 584, 122 S.Ct. Options: A. holding in a capital case that the defendant waived his argument that the trial court erred when it denied his motion for a change of venue where the trial court took the motion under advisement but the defendant failed to seek a ruling on the motion and failed to renew the motion after the jurors had been qualified B. holding that the district court did not give the plaintiffs an adequate opportunity to be heard where it failed to conduct an in limine hearing and denied oral argument on the evidentiary issues C. holding that the judge must allow the attorneys the opportunity to be heard on an initial 3850 motion in a capital case for the purpose of determining whether an evidentiary hearing is required and to hear legal argument relating to the motion D. holding that a hearing on a motion to dismiss an appeal is not required if the parties are given an opportunity to respond on the record E. holding that once a trial court has set a date for a summaryjudgment hearing the court must allow the nonmoving party an opportunity to be heard

assistant: The best answer is C. holding that the judge must allow the attorneys the opportunity to be heard on an initial 3850 motion in a capital case for the purpose of determining whether an evidentiary hearing is required and to hear legal argument relating to the motion
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 contrary to, nor an unreasonable application of, any clearly established Supreme Court law because the Supreme Court has never held that a defendant’s right to due process is violated when a conspiracy instruction does not explicitly list which overt acts the prosecution believes were taken in furtherance of the charged conspiracy. See Holley v. Yarborough, 568 F.3d 1091, 1101 (9th Cir. 2009) (“Absent such ‘clearly established Federal law,’ we cannot conclude that the state court’s ruling was an ‘unreasonable application.’ ”). Even absent the conspiracy instruction, the jury necessarily found that Lunsford had committed at least one act in furtherance of the conspiracy when it convicted her of the murder count. United States v. Baldwin, 987 F.2d 1432, 1438 (9th Cir. 1993) (<HOLDING>). 4. Lunsford also argues that she was deprived Options: A. holding that instructional errors that are trial errors are subject to harmless error analysis B. holding that error is not harmless if the defendant contested the omitted element and raised evidence to support a contrary finding C. holding that instructional error on missing element is harmless if no rational jury could have found the defendant guilty of violating the statute without also making the proper finding as to the missing element D. holding that when the jury finds facts that are so closely related to the omitted element that no rational jury could find those facts without also finding the omitted element this exercise amounts to the functional equivalent of the omitted element E. holding that an instructional error is harmless if no rational jury could have made its findings without also finding the omitted fact to be true

assistant: The best answer is E. holding that an instructional error is harmless if no rational jury could have made its findings without also finding the omitted fact to be true
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: failed to include the Trustees as payees on those checks. In bringing the present action, the Trustees were clearly seeking to recover moneys owed to the funds, and they invoked ERISA on the theory that PCM’s entering into the agreement requiring that its checks to the subcontractor list the Trustees among the payees brought PCM within ERISA’s definition of an employer and in effect obligated it to make the contributions. The Trustees argued that that view was warranted by the statutory definition and an opinion of this Court, both of which state that the term “employer” includes an entity acting “indirectly in the interest of an employer in relation to an employee benefit plan. 29 U.S.C. § 1002(5).” Greenblatt v. Delta Plumbing & Heating Corp., 68 F.3d 561, 575 (2d Cir.1995) (<HOLDING>). While we agree with the district court’s Options: A. holding that the employer was not the insurers agent B. holding that an employer did not regard the plaintiff as disabled C. holding an employee is an agent of his employer where the employer assumes the right to control time manner and method of work D. holding that a surety was not an employer E. holding that glc 152 15 provides that the only party immune from suit under the statute is the direct employer a special employer is not immune because the special employer is not liable for the payment of workers compensation and there was no agreement between the direct employer and the special employer that the special employer would be liable for the payment of such compensation

assistant: The best answer is D. holding that a surety was not an employer
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 Company and each of its Material Subsidiaries (i) is a corporation, limited liability company, partnership or other commercial entity duly organized, validly existing and in good standing under the laws of the jurisdiction of its organization, (ii) is duly qualified to do business as a foreign entity and is in good standing under the laws of each jurisdiction in which failure to be so qualified and in good standing could reasonably be expected to have a Material Adverse Effect, and (iii) has all requisite power and authority to own, operate and encumber its property and to conduct its business as presently conducted and as proposed to be 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 case excerpt and choose the best holding from the options. Case excerpt: Parties then desiring to appeal shall observe the appropriate federal rules of procedure applicable to a judgment of the district court.... [Mjotions directed to the district court shall not require it to act as an appellate court. Rather, the motions that we envision are those in the nature of proceedings under Federal Rule of Civil Procedure 59(e).... Id. at 68-69. Although this case did not involve a final judgment on appeal from a state court, it does involve an interlocutory judgment from which leave to appeal could have been obtained in state court and that is now appealable as of right in federal court. Thus, we find that the policies underlying the supervisory rule laid down in Nemberg apply here. 9 . See Tanner Motor Livery, Ltd. v. Avis, Inc., 316 F.2d 804, 810 (9th Cir.1963) (<HOLDING>). 10 . Compare ACLU v. Black Horse Pike Reg'l Options: A. holding that the defendant is not entitled to be sentenced by the judge who took his plea when the judge made no promise to sentence him B. holding that the rule preventing one judge of a district court from overruling a decision by another judge of the same court except under exceptional circumstances should be followed in the third circuit C. holding that a defendant was not entitled to a relief under section 2255 when he asserted that the sentencing judge who was not the trial judge was influenced by the sentence imposed by the trial judge on a codefendant D. holding that in absence of changed circumstances and except there be some other most cogent reason when judge makes or denies interlocutory order and when appeal lies as of right from such order it should not be reconsidered even by judge who made the order much less by another judge E. holding that order denying motion to vacate restitution order should be reversed where trial judge failed to inform defendant of right to appeal

assistant: The best answer is D. holding that in absence of changed circumstances and except there be some other most cogent reason when judge makes or denies interlocutory order and when appeal lies as of right from such order it should not be reconsidered even by judge who made the order much less by another judge
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 Executive shall not initiate, participate or engage in any communication whatsoever that could reasonably be interpreted as derogatory or disparaging to the Employer or any Company Affiliate, as applicable, including but not limited to the business, practices, policies, shareholders, partners, members, directors, managers, officers, employees, agents, advisors and attorneys of the Employer or any Company Affiliate. The foregoing shall not be violated by truthful statements by the Executive in response to legal process, required governmental testimony or filings, or administrative or arbitral proceedings (including, without limitation, depositions in connection with such proceedings). The executive management of the Company, which shall be defined as the directors, CEO, CFO, and Senior Managing Directors, shall not initiate, solicit, encourage, suggest to others, or participate or engage in, any communication whatsoever that could reasonably be interpreted as derogatory or disparaging to the Executive.

assistant: Non-Disparagement
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: Comply in all material respects with all Applicable Laws with respect to the Collateral or any part thereof or to the operation of such Loan Party’s or Subsidiary’s business the non-compliance with which could reasonably be expected to have a Material Adverse Effect (except to the extent any separate provision of this Agreement shall expressly require compliance with any particular Applicable Law(s) pursuant to another standard). Each Loan Party may, however, contest or dispute any Applicable Laws in any reasonable manner, provided that any related Lien is inchoate or stayed and sufficient reserves are established to the reasonable satisfaction of Administrative Agent to protect Administrative Agent’s Lien on or security interest in the Collateral.

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: To the extent not preempted by Federal law, the Plan, and all Awards and agreements hereunder, and any and all disputes in connection therewith, shall be governed by and construed in accordance with the substantive laws of the State of Indiana, without regard to conflict or choice of law principles which might otherwise refer the construction, interpretation or enforceability of this Plan to the substantive law of another jurisdiction.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Award Agreement shall be governed by the laws of the State of California, without giving effect to the conflict of law principles thereof. For purposes of litigating any dispute that arises under this Award of Restricted Stock Units or this Agreement, the parties hereby submit to and consent to the jurisdiction of the State of California , and agree that such litigation shall be conducted in the courts of Santa Clara County, California , or the federal courts for the United States for the Northern District of California, and no other courts, where this Award of Restricted Stock Units is made and/or to be performed.

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: Subject to the provisions of this Section 7 and Section 8 , all representations, warranties, covenants and obligations of the Parties contained in this Option and in the agreements, instruments and other documents delivered pursuant to this Option will survive the Closing and the consummation of the Contemplated Transactions.

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: This Agreement contains the entire agreement between the parties concerning the subject matter hereof and supersedes all prior agreements, understandings, discussions, negotiations and undertakings, whether written or oral, between the parties with respect thereto, including without limitation any term sheets addressing potential provisions of this Agreement.

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: Whenever any words are used herein in the masculine, they should be construed as though they were in the feminine in all cases where they would so apply; and whenever any words are used herein in the singular or in the plural, they should be construed as though they were used in the plural or the singular, as the case may be, in all cases where they would so apply.

assistant: Terms