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: been sleeping, he was clad in boxer shorts. Generally, the court is faced with a situation where a person has initially consented to a police search and later claims that the consent was actually coerced. The court must then consider the situation, and the coercive factors present, when determining the validity of the consent. But here, Mr. Newsom testified at the suppression hearing and, as pointed out by the district court, never claimed that his consent was coerced. Instead, he testified that he consented to the search because he had nothing to hide. In light of Mr. New-som’s own testimony, it is impossible to conclude that the district court committed clear error in finding that his consent was not coerced. See United States v. Griffith, 584 F.3d 1004, 1011 (10th Cir.2009) (<HOLDING>). Mr. McKinney also briefly argues that, even Options: A. holding that we review a district courts refusal to apply ussg 5c12 for clear error because it is a factual finding B. holding that we must have a definite and firm conviction that a mistake has been committed before reversing a factual finding for clear error internal quotation omitted C. holding that apprendi error is harmless if the court finds beyond a reasonable doubt that the result would have been the same absent the error internal quotation marks and citation omitted D. holding that we review for clear error the bankruptcy courts factual findings E. holding that we will overturn the factual findings of the district court only where we have a definite and firm conviction that a mistake has been committed

assistant: The best answer is B. holding that we must have a definite and firm conviction that a mistake has been committed before reversing a factual finding for clear error internal quotation omitted
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 Bank shall pay a golf club membership and monthly fees at a country club designated by Executive and monthly fees at the Commonwealth Club in Richmond, Virginia, and shall reimburse the Executive for reasonable expenses of outings with clients of the Bank.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Other than the purchase of the Note, Seller will not enter into any transaction, including any purchase, sale, lease or exchange of property or the rendering of any service, with any Affiliate unless such transaction (a) does not result in a Default hereunder, (b) is in the ordinary course of Seller’s business and (c) is upon fair and reasonable terms no less favorable to Seller than it would obtain in a comparable arm’s length transaction with a Person which is not an Affiliate, or make a payment that is not otherwise permitted by this Section 6.16 to any Affiliate.

assistant: Transactions With Affiliates
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, along with the documents governing the equity award(s) described in Section 2(b) of this Agreement, constitutes the complete and exclusive Agreement between you and the Company relating to the subject matters addressed in this Agreement. This Agreement may not be amended or modified, except in a writing signed by both you and a duly authorized officer of the Company. This Agreement will be interpreted in accordance with the laws of the Commonwealth of Virginia, without reference to that state’s conflicts of laws principles, and may be signed in counterparts and the counterparts taken together shall constitute one agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Borrower shall pay (i) to Lenders the fees set forth on Schedule 2.12 attached hereto and (ii) to the Agent the fees payable in the amounts and at times separately agreed upon in writing between Borrower and the Agent. Such fees shall be fully earned and irrevocable when paid and shall not be refundable for any reason whatsoever.

assistant: Fees
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 (including the Schedules and Exhibits attached hereto), the Confidentiality Agreement, the Ancillary Documents and the other documents delivered pursuant to this Agreement constitute the entire agreement among the Parties with respect to the subject matter of this Agreement and supersede all other prior agreements and understandings, both written and oral, between the Parties with respect to the subject matter of this Agreement. Each Party acknowledges and agrees that, in entering into this Agreement, such Party has not relied on any promises or assurances, written or oral, that are not reflected in this Agreement (including the Schedules and Exhibits attached hereto), the Confidentiality Agreement and the certificates delivered pursuant to 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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: except as provided in section 19.11 , in the event that any portion of this arbitration agreement is deemed illegal or unenforceable , such provision shall be severed and the remainder of the arbitration agreement shall be given full force and effect .

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 representation or warranty made by any Loan Party in this Agreement, the SNI Acquisition Agreement, or in any financial statement, report, certificate or any other document furnished to any Agent or any Lender in connection herewith or therewith, taken as a whole, contains any untrue statement of a material fact or omits to state any material fact necessary to make the statements herein or therein in light of the circumstances under which they were made, not misleading in any material respect as of the date such representation or warranty was made; provided that, with respect to financial estimates, projected financial information and other forward-looking information, Borrowers represent only that such information was prepared in good faith based upon assumptions believed by Borrowers to be reasonable at the time of preparation, it being understood that (i) such financial statements, projected financial information and forward-looking statements are not to be viewed as facts, that actual results during the period or periods covered thereby may differ from the projected results (and that such differences may be material) and (ii) no representation or warranty is made with respect to information of a general economic or industry-specific nature. There is no fact known to any Loan Party or which reasonably should be known to such Loan Party which such Loan Party has not disclosed to Agents in writing with respect to the Transactions which could reasonably be expected to have a Material Adverse Effect.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: During the Term of Employment, Executive shall be reimbursed for reasonable travel and other expenses incurred or paid by Executive in connection with the performance of her services under this Agreement, upon presentation of expense statements or vouchers or such other supporting information as may from time to time be requested by the Company, in accordance with such policies of the Company as are in effect as of the Commencement Date and as may be modified by the Company from time to time, under such terms as may be applicable to officers of Executive's rank employed by NBTB, NBT Bank, or their affiliates. All expenses or other reimbursements under this Agreement shall be made on or prior to the last day of the taxable year following the taxable year in which such expenses were incurred by Executive (provided that if any such reimbursements constitute taxable income to Executive, such reimbursements shall be paid no later than March 15 th of the calendar year following the calendar year in which the expenses to be reimbursed were incurred), and no such reimbursement of expenses eligible for reimbursement in any taxable year shall in any way affect the expenses eligible for reimbursement in any other taxable year.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: construction of Rule 26(b)(3),” but was instead independently relying on the statutory language of Exemption 5. Grolier, 462 U.S. at 26, 103 S.Ct. at 2214. 12 . The courts have generally recognized a difference between fact work product and opinion work product. See generally 6 Moore’s Federal Practice § 26.70[5][b], [e] (Daniel R. Coquillette et al. eds., 3d ed.1997). The substantial need/undue burden test applies only to fact work product. Id. § 26.70[5][b]. The circuits are divided on whether there is absolute protection for opinion work product. Some courts have held that opinion work product is absolutely protected; others have concluded it may be discovered under. compelling circumstances. Compare Holmgren v. State Farm Mut. Auto. Ins. Co., 976 F.2d 573, 577 (9th Cir.1992) (<HOLDING>), and In re Sealed Case, 676 F.2d 793, 809-10 Options: A. holding opinion work product to be absolutely protected B. holding opinion work product may be discovered when mental impressions are at issue and need for material is compelling C. holding that fedrcivp 26b3 does not require absolute protection for opinion work product and noting that these materials may be discovered and admitted when mental impressions are at issue in the case and the need for the materials is compelling D. holding that cover letters from counsel to an expert that do not contain mental impressions opinions or conclusions of counsel are discoverable but written notes that contained the lawyers mental impressions were protected E. holding that materials prepared by an investigative audit committee were not work product because they were not the mental impressions conclusions opinions or legal theories of an attorney

assistant: The best answer is B. holding opinion work product may be discovered when mental impressions are at issue and need for material is compelling
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 under this Agreement shall be addressed to the Company in care of its Secretary at the principal executive offices of the Company and to the Participant at the address appearing in the records of the Company for the Participant, or to either party at another address that the party designates in writing to the other. Notice shall be effective upon receipt.

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: All transfer taxes ( e.g. , goods and services tax, value added tax, sales tax, service tax, business tax) imposed directly on or solely as a result of the sale, transfer or delivery of Qualified Probed Wafers and the payments therefor provided herein shall be stated separately on Micron’s invoice, shall be the responsibility of and collected from Intel, and shall be remitted by Micron to the appropriate tax authority (“ Recoverable Taxes ”), unless Intel provides valid proof of tax exemption prior to the effective date of the transfer of the Qualified Probed Wafers or otherwise as permitted by law prior to the time Micron is required to pay such taxes to the appropriate tax authority. When property is delivered within jurisdictions in which collection and remittance of taxes by Micron is required by law, Micron shall have sole responsibility for remittance of said taxes to the appropriate tax authorities. In the event such taxes are Recoverable Taxes and Micron does not collect tax from Intel or remit such taxes to the appropriate Governmental Entity on a timely basis, and is subsequently audited by any tax authority, liability of Intel will be limited to the tax assessment for such Recoverable Taxes, with no reimbursement for penalty or interest charges or other amounts incurred in connection therewith. Notwithstanding anything herein to the contrary, taxes other than Recoverable Taxes shall not be reimbursed by Intel, and each Party is responsible for its own respective income taxes (including franchise and other taxes based on net income or a variation thereof), taxes based upon gross revenues or receipts, and taxes with respect to general overhead, including but not limited to business and occupation taxes, and such taxes shall not be Recoverable Taxes.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The termination of the Warrant Transactions and the Warrant Confirmations with respect to a Tranche of Warrants contemplated by this Termination Agreement shall be effective only upon the occurrence of the Observation Date for such Tranche of Warrants.

assistant: Effectiveness
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: & Tel. Co., 311 U.S. 223, 237, 61 S.Ct. 179, 85 L.Ed. 139 (1940). The court proceeds by considering statutory construction and legislative history in order to predict which lower court decision the California Supreme Court would uphold. The modern definition of trespass unambiguously includes the negligent spread of fire, Kelly, 179 Cal.App.4th at 460, 102 Cal.Rptr.3d 32 (citing Elton v. Anheuser-Busch Beverage Group, Inc., 50 Cal.App.4th 1301, 58 Cal.Rptr.2d 303 (1996)), but the relevant definition for purposes of statutory interpretation is the definition of statutory language at the time of the statute’s enactment. See, e.g., BP Am. Prod. Co. v. Burton, 549 U.S. 84, 91, 127 S.Ct. 638, 166 L.Ed.2d 494 (2006); Perrin v. U.S., 444 U.S. 37, 41-42, 100 S.Ct. 311, 62 L.Ed.2d 199 (1979) (<HOLDING>); Smiley v. Citibank, 11 Cal.4th 138, 152, 44 Options: A. holding that unless otherwise defined words will be interpreted as taking their ordinary contemporary common meaning at the time congress enacted a statute and reviewing dictionaries from the era of the statutes enactment to assist in determining its meaning citation omitted B. holding that an undefined statutory term should be given its natural ordinary meaning C. recognizing that where the statutory language is not ambiguous the plain and ordinary meaning of the statute must be given effect D. holding that statutory words must be given their ordinary contemporary meaning E. holding that bribery must be given its ordinary meaning at the time of the enactment of the relevant statute

assistant: The best answer is E. holding that bribery must be given its ordinary meaning at the time of the enactment of the relevant statute
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 362 U.S. 607 80 S.Ct. 900 4 L.Ed.2d 985 Victor Donald WILDEv.WYOMING et al. No. 645, Misc. Decided May 16, 1960. Victor Donald Wilde, pro se. Messrs. Norman B. Gray, Atty. Gen. of Wyoming, and W. M. Haight, Deputy Atty. Gen., for respondents. PER CURIAM. 1 The motion for leave to proceed in forma pauperis and the petition for writ of certiorari are granted. In petitions for writ of habeas corpus, filed with the Second Judicial District Court of the State of Wyoming and with the Wyoming Supreme Court, the petitioner alleged, among other grounds for relief, that his plea of guilty to second degree murder in December 1945, upon which he received a life sentence, was induced when he 'had no counsel present' and that the prosecutor wilfully suppressed the testimony of two eyewitnesses to the alleged crime which would have exonerated the petitioner. It does not appear from the record that an adequate hearing on these allegations was held in the District Court, or any hearing of any nature in, or by direction of, the Supreme Court. We find nothing in our examination of the record to justify the denial of hearing on these allegations. The judgment is therefore vacated and the case is remanded for a hearing thereon. Com. of Pennsylvania ex rel. Herman v. Claudy, 350 U.S. 116, 76 S.Ct. 223, 100 L.Ed. 126; Sublett v. Adams, 362 U.S. 143, 80 S.Ct. 527, 4 L.Ed.2d 527. 2 Judgment vacated and case remanded.

assistant: 2
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: Apfel, 149 F.3d 844, 846 (8th Cir.1998); Torres v. Chater, 125 F.3d 166, 171 (3d Cir.1997). Before today, we had not decided whether to adopt either the adjudication or the disability interpretation. See Maggard v. Apfel, 167 F.3d 376, 379 (7th Cir.1999) (electing not to decide between the disability and adjudication interpretations). Today, we adopt the adjudication interpretation. A. Plain Language of Statute The plain language of the Amendments supports the adjudication interpretation. When interpreting congressional statutes, we first look at the plain language of the statute because that is the best way to determine congressional intent. See Reves v. Ernst & Young, 507 U.S. 170, 177, 113 S.Ct. 1163, 122 L.Ed.2d 525 (1993); United States v. Hayward, 6 F.3d 1241, 1245 (7th Cir.1993) (<HOLDING>). The disability interpretation muddles the Options: A. holding that when the language of a statute is clear and unambiguous no need exists for the court to examine the legislative histo ry and the court must give effect to the plain meaning of the statute B. recognizing that where the statutory language is not ambiguous the plain and ordinary meaning of the statute must be given effect C. holding that we must give effect to the plain and ordinary meaning of a statutes language D. holding when ordinance language is clear courts must give language its plain meaning E. holding that an appellate court must give a statute its clear and plain meaning when the statute is unambiguous

assistant: The best answer is A. holding that when the language of a statute is clear and unambiguous no need exists for the court to examine the legislative histo ry and the court must give effect to the plain meaning of the statute
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 interpreted pre-existing condition language in health insurance contracts differently. The District Court relied most heavily on Hughes v. Boston Mutual Life Insurance Co., 26 F.3d 264 (1st Cir.1994). In Hughes, the insured claimant suffered from and was 2 (8th Cir.1994) (finding a pre-existing condition where the claimant was treated for muscle pain, which was later diagnosed as chronic fatigue syndrome); McWilliams v. Capital Telecommunications Inc., 986 F.Supp. 920 (M.D.Pa.1997) (disagreeing with Hughes, following Bullwinkel and Cury, and concluding that the insurance policy language did not limit pre-existing conditions to those that were diagnosed before the effective date of the plan); Cury v. Colonial Life Insurance Company of America, 737 F.Supp. 847, 854 (E.D.Pa.1990) (<HOLDING>); see also Mutual Life Insurance Company of New Options: A. holding that the preexisting duty exception does not apply where the preexisting duty is a limited one and the alleged negligence is the failure to provide a level of assistance beyond that required by the preexisting duty B. holding on rehearing that exclusion for disabilities caused by a preexisting medical condition would not support denial of benefits caused by staph infection resulting from surgery for a preexisting condition C. holding that where the claimants cancer was not evident as a condition before the coverage period began and where the symptoms before diagnosis were nonspecific coverage should not be excluded under the preexisting condition clause D. holding that treatment for symptoms of undiagnosed multiple sclerosis activated the preexisting condition exclusion and stating that there is no requirement that a diagnosis definite or otherwise of the preexisting condition must be made during the preexisting condition period E. holding that receiving advice or treatment during the exclusionary period for a condition which proves to be the same condition the claimant seeks benefits for qualifies as a preexisting condition regardless of whether there was an accurate diagnosis

assistant: The best answer is D. holding that treatment for symptoms of undiagnosed multiple sclerosis activated the preexisting condition exclusion and stating that there is no requirement that a diagnosis definite or otherwise of the preexisting condition must be made during the preexisting condition period
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: in order to increase the attendance and contributions of out-of-state parishioners, it drew members from three states, it paid salaries, it hosted gospel concerts featuring out-of-state talent for which it requested donations, and it owned several vehicles. Id. at 234-35. On this basis, we concluded that “[t]he church’s interstate connections were direct, regular, and substantial.” Id. at 234. Other courts have similarly found churches to affect interstate commerce where the church has some active commercial connection. See United States v. Terry, 257 F.3d 366, 369-70 (4th Cir.2001) (finding that a church daycare center “was actively engaged in commercial activity” because it provided childcare services for payment); United States v. Grassie, 237 F.3d 1199, 1209 n. 7 (10th Cir.2001) (<HOLDING>). Churches are not the-only buildings that we Options: A. holding that the government can satisfy the hobbs act interstate commerce requirement by showing that the robbery resulted in the closure of a business engaged in interstate commerce B. holding that robbery of proceeds intended for purchase of cocaine affected interstate commerce C. holding that a state common law claim against a railroad for failure to provide adequate services after the railroad abandoned a line was preempted by frustration of purpose conflict with the interstate commerce act which delegated to the interstate commerce commissioner the authority to regulate abandomnent of lines by earners and broad discretion in determining whether abandonment should be permitted D. holding that transmission of photographs by means of the internet is tantamount to moving photographs across state lines and thus constitutes transportation in interstate commerce E. holding that a mormon church in rural new mexico affected interstate commerce because the revenues of the church and the tithed incomes goods and services of church members flowed across state lines for distribution by the churchs headquarters in salt lake city

assistant: The best answer is E. holding that a mormon church in rural new mexico affected interstate commerce because the revenues of the church and the tithed incomes goods and services of church members flowed across state lines for distribution by the churchs headquarters in salt lake city
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 consolidated balance sheets of Enservco as included in Enservco’s reports filed with the SEC for the year ended December 31, 2013, and the related statements of income, changes in stockholder’s equity, and changes in cash flow for the period ended on such date, all accompanied by reports thereon containing opinions without qualification by independent certified public accountants, copies of which have been delivered to Agent and are available at www.sec.gov , have been prepared in accordance with GAAP, consistently applied (except for changes in application in which such accountants concur) and present fairly the financial position of Enservco at such date and the results of their operations for such period. Since December 31, 2013, there has been no material adverse change in the condition, financial or otherwise, of Enservco on a Consolidated Basis as shown on the consolidated balance sheet as of such date and no material adverse change in the aggregate value of machinery, equipment and real property owned by Enservco on a Consolidated Basis, except changes in the Ordinary Course of Business, none of which individually or in the aggregate has been materially adverse which have been reflected on the financial statements subsequently filed with the SEC.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be terminated by any Purchaser, as to such Purchaser’s obligations hereunder only and without any effect whatsoever on the obligations between the Company and the other Purchasers, by written notice to the other parties, if the Closing has not been consummated on or before November 3, 2017; provided , however , that such termination will not affect the right of any party to sue for any breach by any other party (or parties).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Amendment may be executed in multiple counterparts (including by means of signature pages by facsimile or by e-mail transmission in PDF format), any one of which need not contain the signatures of more than one party, but all such counterparts taken together shall constitute one and the same instrument.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: this opinion only, and without making any substantive finding thereof, the Marks are both protectable and are protected. Likelihood of causing confusion Regarding the second element, the likelihood of causing confusion, this Circuit normally applies a seven-factor test: “the degree of similarity between the marks in appearance and suggestion; the similarity of the products for which the name is used; the area and manner of concurrent use; the degree of care likely to be exercised by consumers; the strength of the complainant’s mark; actual confusion; and an intent on the part of the alleged infringer to palm off his products as those of another.” McGraw-Edison Co. v. Walt Disney Productions, 787 F.2d 1163, 1167-68 (7th Cir. 1986). In addition, , Inc., 841 F.2d 214, 219 (8th Cir.1988) (<HOLDING>); Sunsport Inc. v. Barclay Leisure Ltd., 984 Options: A. holding that district court erred by fixing fair market value of restaurant franchise for purposes of awarding damages for breach of contract based on hearsay offer to purchase franchise B. recognizing a telephone company operating under a franchise agreement as holding a nondelegable duty to the public C. holding that a hotel was not permitted to use trademarked paraphernalia such as credit card application forms key rings ash trays and shoe shine clothes after its franchise from the company that issued those items had revoked its franchise D. holding that the continued use of licensed trademark after termination of franchise agreement constituted trademark infringement and breach of contract E. holding that continued use of trademark after termination of franchise for nonpayment of royalties constitutes lanham act violation

assistant: The best answer is C. holding that a hotel was not permitted to use trademarked paraphernalia such as credit card application forms key rings ash trays and shoe shine clothes after its franchise from the company that issued those items had revoked its franchise
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 substantial preliminary showing that Officer McGrew recklessly made false statements and has further shown that the false statements were necessary or material to the magistrate judge’s finding of probable cause, we remand the case for a Franks hearing on Flake’s allegations. B. Downward Departure in Sentencing Flake contends that the federal district court erroneously concluded during the sentencing proceedings that it did not have the legal authority to depart downward on the basis of the six months that Flake had already been held in custody on related state charges. We find no support for Flake’s contention in the record and hold that the district court was aware of and properly exercised its discretion. See United States v. Rivera-Sanchez, 222 F.3d 1057, 1064-65 (9th Cir.2000) (<HOLDING>). C. Right of Allocution Flake contends that he Options: A. holding that we may not review a district courts refusal to grant a downward departure unless the court mistakenly believed that it lacked the authority to grant such a departure B. holding that the district courts refusal to grant a downward departure was discretionary and not because it believed it lacked the authority to depart where the court assessed the facts of the case and concluded that the departure requested does not seem to have a basis C. holding that a district courts statement that there was no basis for a downward departure did not indicate that it believed it lacked authority D. holding that the district court was not required to state affirmatively on the record that it knew it possessed the authority to depart downward E. holding that the district courts denial of a downward departure was an exercise of discretion and therefore not reviewable

assistant: The best answer is C. holding that a district courts statement that there was no basis for a downward departure did not indicate that it believed it lacked authority
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 Executive has not delivered to the Company an irrevocable Release executed by or on behalf of Executive on or before the thirtieth (30th) day after the Resignation Date, Executive shall have no rights to the payments and benefits set forth in Sections 3(a) – 3(f) hereof.

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 case excerpt and choose the best holding from the options. Case excerpt: It is well-established that a substantial showing of the informant’s untruthfulness is not sufficient to warrant a Franks hearing. The Supreme Court made clear throughout Franlcs that a substantial preliminary showing of intentional or reckless falsity on the part of the affiant must be made in order for the defendant to have a right to an eviden-tiary hearing on the affiant’s veracity. Id. at 677. The opinion does not, however, draw a distinction between the state of mind of the affiant and the state of mind of other police officers. In fact, the Franlcs court noted that "police could not insulate one officer's deliberate misstatement merely by relaying it through an officer-affiant ignorant of its falsity.” 438 U.S. at 163-64 n. 6, 98 S.Ct. 2674; see also Calisto, 838 F.2d at 714 (<HOLDING>); United States v. Kennedy, 131 F.3d 1371, 1376 Options: A. holding that a statement that the affiant is president of the company asserting a claim on an account is sufficient to affirmatively show how the affiant has personal knowledge of the affidavit statements regarding the account B. holding that although affiantofficer filed affidavit in good faith the conduct of police officers who relayed the facts to the affiant was relevant to the franks showing C. holding that because the information omitted from the affidavit was immaterial to the investigation there was no error in denying defendants motion for a franks hearing D. holding that a challenge to the truth of the affidavit was not sufficient for a franks hearing where defendant offered no evidence that the affiant knowingly or recklessly gave false statements E. holding that section 144 requires both a factual affidavit and a separate certificate that the affidavit was made in good faith

assistant: The best answer is B. holding that although affiantofficer filed affidavit in good faith the conduct of police officers who relayed the facts to the affiant was relevant to the franks showing
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 “substantially complied” with this requirement. In Circus Time, this Court held that minor errors, not seriously misleading, in certificates of title were not sufficient to render a security interest in those vehicles unperfected; “substantial compliance” with the documentary requirements was sufficient. See id. at 43; see also N.H.Rev.Stat. Ann. § 382-A:9-402(8) (1994) (providing that a “financing statement substantially complying” with requirements is effective). This case, however, is easily distinguishable. Circus Time involved errors in the financing documents (i.e., the certificates of title), as opposed to errors in the filing process. The doctrine of substantial compliance has not been extended to filing requirements. See In re Covey, 66 B.R. 459, 460 (Bankr.D.N.H.1986) (<HOLDING>); In re Sports Enters., Inc., 38 B.R. 282, Options: A. holding that security interest was unperfected where creditor in addition to filing with the secretary of state mistakenly filed with the clerk of the town adjacent to where debtor conducted business B. holding that security interest was not perfected since debtor conducted business only in one town in the state and creditor did not file financing statement in that town C. holding that the intent to create a security interest in afteracquired property must be ascertained and judged by the language of the security agreement not the financing statement D. holding security interest in insurance premiums perfected by creation of security interest E. holding that although a financing statement may be used to assist in the interpretation of the security agreement the financing statement does not create a security interest and cannot extend a security interest beyond what has been unambiguously described in a security agreement

assistant: The best answer is B. holding that security interest was not perfected since debtor conducted business only in one town in the state and creditor did not file financing statement in that town
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 do so. See Appleton Papers, 2012 WL 2704920, at *11. First, as the Appleton Papers court correctly concluded, imposing liability on parties lacking this knowledge would not deter them from arranging for the disposal of a product they do not believe to be harmful. See id, It cannot be said, moreover, that such a party was attempting to “contract away” its responsibility for polluting if it did not even realize it was polluting. See id. This interpretation is also consistent with the Supreme Court’s recognition that parties who arrange for the sale of a useful product that contains hazardous substances are not liable as arrangers under CERCLA even when they know the substances “will be leaked, spilled, dumped, or otherwise discarded.” Burlington N., 556 U.S. at 510, 129 S.Ct. 1870 (<HOLDING>). Under this rule, a party who sells a product Options: A. holding past owners liable for the disposal of hazardous wastes that leaked from an underground storage tank B. holding that arranger liability claim requires proof that defendant arranged for the disposal of hazardous substances owned or possessed by defendant C. holding that a party that sold a product to another party arranged for disposal of a hazardous substance D. holding that circumstantial evidence alone may establish discriminatory intent E. holding that such knowledge may provide evidence of the entitys intent to dispose of its hazardous wastes but alone is insufficient to prove that an entity planned for the disposal

assistant: The best answer is E. holding that such knowledge may provide evidence of the entitys intent to dispose of its hazardous wastes but alone is insufficient to prove that an entity planned for the disposal
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Parties expressly agree than any Proceeding seeking to enforce any provision of, or based on any matter arising out of or in connection with this Agreement or the transactions contemplated hereby may be brought only in a United States District Court or any state court located in Delaware, so long as one of such courts will have subject matter jurisdiction over such Proceeding, and that any cause of action arising out of this Agreement will be deemed to have arisen from a transaction of business in the State of Delaware, and each of the Parties hereby irrevocably consents to the jurisdiction of such courts (and of the appropriate appellate courts therefrom) in any such Proceeding and irrevocably waives, to the fullest extent permitted by law, any objection that it may now or hereafter have to the laying of venue of any such Proceeding in any such court or that any such Proceeding brought in any such court has been brought in an inconvenient forum. Process in any such Proceeding may be served on any Party anywhere in the world, whether within or without the jurisdiction of any such court. Without limiting the foregoing, each Party agrees that service of process on such Party as provided in Section 9.6 will be deemed effective service of process on such Party.

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 case excerpt and choose the best holding from the options. Case excerpt: government must show that the actions which could have been taken by the government would have been certain to have avoided the increased costs. Indeed, the court in Ace Constructors, in a passage quoted prominently by GPNA-K in its briefs, stated that, in' order to demonstrate prejudice, the government must only show that, if proper notice had been given, “it might have minimized extra costs.” Ace Constructors v. United States, 70 Fed.Cl. at 272 (emphasis added). Other decisions of this court, similarly, have found that prejudice existed when a contractor’s inadequate notice deprived the government of opportunities that potentially could have minimized extra costs. See Engineered Maint. Servs., Inc. v. United States, 56 Fed.Cl. 637, 643 (2003), aff'd, 89 Fed.Appx. 267 (Fed. Cir. 2004) (<HOLDING>); George Sollitt Constr. Co. v. United States, Options: A. holding that the independent contractor exception in the ftca would not insulate the government from the contractors negligence if the duty was nondelegable under florida law B. holding that the government could not charge contractor excess cost of relet contract where government caused a delay in contract performance in which contractor was to use his own equipment original contractors costs increased and government refused to allow original contractor to perform at cost but allowed new contractor to use government equipment and paid new contractor a different rate C. holding that contractor could recover damages from owner for misrepresenting site conditions despite contractors right to investigate site before bidding because owner represented that data it included in contract was sufficient information for contractor to prepare its bid D. holding that the burden to show that reprocurement did not subject the government to excess costs was on the plaintiff contractor E. holding that the government was prejudiced when a contractors insufficient notice directly precluded the government from investigating the site and potentially minimizing extra costs that the contractor ended up having to incur emphasis added citing schnip bldg co v us 645 f2d 950 95960 ctcl 1981

assistant: The best answer is E. holding that the government was prejudiced when a contractors insufficient notice directly precluded the government from investigating the site and potentially minimizing extra costs that the contractor ended up having to incur emphasis added citing schnip bldg co v us 645 f2d 950 95960 ctcl 1981
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: Estate of DePerno, 18 F.3d 179, 181 (2d Cir.1994); Miles v. New York State Teamsters Conference Pension & Retirement Fund Employee Pension Benefit Plan, 698 F.2d 593, 602 n. 9 (2d Cir.1983); Mendez v. Teachers Ins. & Annuity Ass’n, 789 F.Supp. 139, 140-41 (S.D.N.Y.1992). Although the awarding of attorneys’ fees “is discretionary, not mandatory,” Fase, 589 F.2d at 116; see International Brotherhood of Teamsters, Joint Council 18 v. New York State Teamsters Council Health & Hospital Fund, 903 F.2d 919, 923 (2d Cir.1990), the Second Circuit favors awarding attorneys’ fees to prevailing plaintiffs in ERISA cases “in the absence of some particular justification for not doing so.” Birmingham v. SoGen-Swiss Int’l Corp. Ret. Plan, 718 F.2d 515, 523 (2d Cir.1983); see Chambless, 815 F.2d at 871 (<HOLDING>); Rice, 888 F.Supp. at 500. Regardless of the Options: A. holding trial court had no authority to award attorneys fees when arbitrator had stated he would not award attorneys fees B. holding that it was an abuse of discretion to refuse to award attorneys fees where each element of five part test has been satisfied C. holding merely that the evidence was sufficient to support the award of attorneys fees D. holding that an award of attorneys fees under supreme court rule 38 precursor to rule 222 did not preempt an award of attorneys fees to which one is otherwise entitled and thus appellant could seek an award of attorneys fees pursuant to section 1577300 which permits an award of fees for a party prevailing in an action against a state agency E. holding that it was not an abuse of discretion for the court to deny an award of attorneys fees to the wife

assistant: The best answer is B. holding that it was an abuse of discretion to refuse to award attorneys fees where each element of five part test has been satisfied
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 of the issued and outstanding shares of capital stock of the Company have been duly authorized and validly issued, are fully paid and nonassessable and were not issued in violation of, and are not subject to, any preemptive or similar rights.

assistant: Capitalization
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: than the Confrontation Clause, we review for plain error. See United States v. Acosta, 475 F.3d 677, 680 (5th Cir.2007); United States v. Green, 324 F.3d 375, 381 (5th Cir.2003). Our consideration of the district court’s decision begins and ends with the first element of plain error review because we conclude that the district court did not err in limiting the scope of Rios’s cross-examination. See Puckett v. United States, 556 U.S. 129, 135, 129 S.Ct. 1423, 173 L.Ed.2d 266 (2009) (explaining that the first element of plain error review requires that “there must be an error or defect”). A defendant’s right to cross-examination is not unlimited. United States v. Bernegger, 661 F.3d 232, 238 (5th Cir.2011). The Sixth Amendment confrontation right is satisfied in this regard so Cir.1993) (<HOLDING>). In sum, establishing a Confrontation Clause Options: A. holding that the prosecutors statement about a witnesss truthfulness was proper because the evidence showed that the witness complied with the plea agreement not that he told the truth simply because he entered into the plea agreement B. holding that the district court satisfied the confrontation clause by permitting the defendant to present facts concerning the adverse witnesss plea agreement and incentives to cooperate C. holding that any confrontation right is found in the fourteenth amendments due process clause not the confrontation clause of the sixth amendment D. holding that the confrontation clause does not apply to the sentencing hearing E. holding that if a plea agreement is breached the district court may either grant specific performance or allow the defendant to withdraw the plea

assistant: The best answer is B. holding that the district court satisfied the confrontation clause by permitting the defendant to present facts concerning the adverse witnesss plea agreement and incentives to cooperate