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: deployed Tasers at sensitive body parts and for unnecessary amounts of time in a fashion intended to cause pain. Defendants cite recent eases granting qualified immunity to officers who used Tasers in which courts held that Taser usage was not “clearly established.” However, the cases cited are distinguishable because, in those cases, the officers were not using Tasers with the purpose of inflicting pain. E.g. Mattos v. Agarano, 661 F.3d 433 (9th Cir.2011) (en banc); Bryan v. MacPherson, 630 F.3d 805 (9th Cir.2010). The Court finds that the evidence presented at trial was sufficient to prove that Defendants violated clearly established law by maliciously using a Taser as an instrument to inflict harm and corporal punishment. See Mendoza v. Block, 27 F.3d 1357, 1362 (9th Cir.1994) (<HOLDING>). The Court therefore finds that Defendants Options: A. holding that second element of qualified immunity test is whether the law violated was clearly established B. holding that defendants are not entitled to qualified immunity C. holding that an officer is not entitled to qualified immunity on the grounds that the law is not clearly established every time a novel method is used to inflict injury D. holding that defendant is entitled to qualified immunity because plaintiff failed to allege the violation of a clearly established constitutional right E. holding that in deciding whether officers are entitled to qualified immunity it is not only the evidence of clearly established law that is for the court but also whether a reasonable officer could have believed that his or her conduct was lawful in light of the information the officer had

assistant: The best answer is C. holding that an officer is not entitled to qualified immunity on the grounds that the law is not clearly established every time a novel method is used to inflict injury
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Each Loan Party agrees to do such further acts and things and to execute and deliver to the Administrative Agent such additional agreements, powers and instruments, as the Administrative Agent may reasonably require or deem advisable to carry into effect the purposes of this Agreement or to better assure and confirm unto the Administrative Agent and each Lender its rights, powers and remedies hereunder.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: If the Parties hereto determine that any payments or benefits payable under this Agreement intended to comply with Section 409A do not so comply, Hand and the Company agree to amend this Agreement, or take such other actions as Hand and the Company deem necessary or appropriate, to comply with the requirements of Section 409A, while preserving benefits that are, in the aggregate, no less favorable than the benefits as provided to Hand under this Agreement. If any provision of this Agreement would cause such payments or benefits to fail to so comply, such provision shall not be effective and shall be null and void with respect to such payments or benefits, and such provision shall otherwise remain in full force and effect.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: you acknowledge that tinder is not required to provide a refund for any reason , and that you will not receive money or other compensation for unused virtual items when an account is closed , whether such closure was voluntary or involuntary .

assistant: Limitation of liability
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: considered disabled if he or she: (1) suffers from a physical or mental impairment, that (2) affects a major life activity, and (3) the effect is “substantial.” See Bragdon v. Abbott, 524 U.S. 624, 631, 118 S.Ct. 2196, 141 L.Ed.2d 540 (1998). RECAP’s clients suffer from alcoholism. Alcoholism, like drug addiction, is an “impairment” under the definitions of a disability set forth in the FHA, the ADA, and the Rehabilitation Act. See Buckley v. Consol. Edison Co., 155 F.3d 150, 154 (2d Cir.1998) (in banc) (recovering drug addict may be considered to have a “disability” under the ADA); Teahan v. Metro-North Commuter R.R. Co., 951 F.2d 511, 518 (2d Cir.1991) (discrimination against substance abusers illegal under the Rehabilitation Act); Rodgers v. Lehman, 869 F.2d 253, 258 (4th Cir.1989) (<HOLDING>); Sullivan v. City of Pittsburgh, 811 F.2d 171, Options: A. holding that a state is not a person within the meaning of 1983 B. holding rehabilitation act applicable C. holding that ajlcoholism is a handicapping condition within the meaning of the rehabilitation act D. holding that the complaint stated a claim under the flsa where it alleged that parties were an employer and employees within meaning of act and that the defendantemployers operation constitutes an enterprise engaged in commerce within the meaning of the act E. holding the ada and the rehabilitation act applicable

assistant: The best answer is C. holding that ajlcoholism is a handicapping condition within the meaning of the rehabilitation act
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: and the government both believed that the defendant was entering a guilty plea to a generically violent crime.”). B. The Trial Court’s Ruling on the Predicate Offense Here, with respect to the April 1999 conviction, Delgado was initially charged in December 1998 with Home Invasion in violation of Mass. Gen. L. ch. 265, § 18C. However, the Fitchburg District Court amended the charge of Home Invasion to Breaking and Entering in the Night-Time with Intent to Commit a Felony. Delgado pled guilty to that amended charge in April 1999. It is well established in our precedent — and the parties do not disagree— that Mass. Gen. L. ch. 266, § 16 includes conduct that constitutes a crime of violence as well as conduct that does not. See United States v. Dueno, 171 F.3d 3, 5 (1st Cir.1999) (<HOLDING>); Harris, 964 F.2d at 1235 (reading § 16 in Options: A. holding that 459 is categorically a crime of violence under guidelines 4b12a2 because the usual or ordinary firstdegree burglary in california involves conduct that presents a serious risk of physical violence and injury to others B. holding that theft from the person is not a crime of violence C. holding that california residential burglary is categorically a crime of violence under the residual clause of ussg 4b12a2 which requires the criminal conduct to present a serious potential risk of physical injury to another D. holding that burglary of commercial building is crime of violence under guidelines E. holding that 16 encompasses conduct that constitutes a crime of violence ie breaking into and entering a persons home see ussg 4b12a2 burglary of a dwelling is a crime of violence and conduct that almost certainly does not ie breaking into and entering a vehicle

assistant: The best answer is E. holding that 16 encompasses conduct that constitutes a crime of violence ie breaking into and entering a persons home see ussg 4b12a2 burglary of a dwelling is a crime of violence and conduct that almost certainly does not ie breaking into and entering a vehicle
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 Awards (including any proceeds, gains or other economic benefit actually or constructively received by a Participant upon any receipt or exercise of any Award or upon the receipt or resale of any shares of Stock underlying the Award and any payments of a portion of an incentive‑based bonus pool allocated to a Participant) shall be subject to the provisions of any claw-back policy implemented by the Company, including, without limitation, any claw-back policy adopted to comply with the requirements of applicable laws, regulations or requirements, including, without limitation, the Dodd-Frank Wall Street Reform and Consumer Protection Act and any rules or regulations promulgated thereunder, whether or not such claw‑back policy was in place at the time of grant of an Award, to the extent set forth in such claw-back policy and/or in the applicable Award Agreement.

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: In consideration for the services performed by you pursuant to this Agreement, the Company shall pay to you, and you will be entitled to receive and hereby agree to accept, an initial annual base salary of $550,000, subject to increases in the discretion of the Board or its Compensation Committee (“ Base Salary ”), payable in accordance with the Company’s normal payroll payment practices.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Amendment shall become effective on the date of Lender’s, Borrower’s and Parent’s receipt of executed counterparts of this Agreement, each of which shall be originals or facsimiles or “.pdf” or “tiff” files, properly executed by (i) Borrower, (ii) Parent and (iii) Lender.

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 legal provision and list the applicable contract clause categories. Provision: There is no action, suit or proceeding pending or, to the best of Purchaser’s knowledge, threatened in writing against Purchaser in any court or by or before any other governmental agency or instrumentality which would materially and adversely affect the ability of Purchaser to carry out the transactions contemplated by this Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: He waited over a year after learning he was being denied enhanced credits due to his conviction in 84-51 to file his first “Request to Staff.” Therefore, he did not begin to exhaust his administrative remedies until after the limitations period had already expired. Consequently, his exhaustion of administrative remedies, however diligent, did not toll the limitations period. See cf. Fisher, 262 F.3d at 1142-43. He is not entitled to administrative tolling. D. Equitable Tolling Assuming equitable tolling even applies in this case, a petitioner is entitled to equitable tolling only if he demonstrates (1) he diligently pursued his rights and (2) some extraordinary circumstance prevented his timely filing. See Holland v. Florida, — U.S. -, 130 S.Ct. 2549, 2560, 2562, 177 L.Ed.2d 130 (2010) (<HOLDING>). Titsworth has failed to satisfy either prong. Options: A. holding that 2244d is subject to equitable tolling in appropriate cases B. holding new time period of 28 usc 2244d inapplicable to pending habeas petition where period ended before amendments effective date C. holding statute of limitations period defined in 28 usc 2244d is subject to equitable tolling D. holding that the 120day filing period is subject to equitable tolling and addressing circumstances warranting equitable tolling E. holding that the oneyear statute of limitations set out in 28 usc 2244d applies to 2241 petitions

assistant: The best answer is C. holding statute of limitations period defined in 28 usc 2244d is subject to equitable tolling
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, Executive shall receive a base salary of $315,000 per annum, subject to withholdings and deductions and which shall be paid to Executive in accordance with the customary payroll practices and procedures of the Company. During the Term, Executive shall not be entitled to any additional bonus compensation.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: supporting the motion are not credible, L & L Started Pullets, Inc. v. Gourdine, 762 F.2d 1, 3 (2d Cir.1985), or “upon the mere allegations or denials of the adverse party’s pleading.” Rule 56(e), F.R. Civ. P. Dr. Schachner’s religious discrimination claim does not meet the de minimus standard. Her argument is undermined by the fact that, in searching for anesthesiologists to join Drs. Epstein and Berenstein, defendants offered employment to Dr. Margaret Eckstein, an even stricter observer of the Jewish Sabbath than Dr. Schachner. (Pl.’s Mem. of Law at 16). Whereas Dr. Schachner was willing to work on the Sabbath and submitted to on-call duty on Saturdays, Dr. Eckstein refused to do so. NYU accommodated Dr. Eckstein’s religious 1995 WL 469704 (S.D.N.Y. Aug. 7, 1995) (Patterson, J.) (<HOLDING>). Seeking to staunch the flow of life force Options: A. holding that a statement of fact relating to the plaintiffs age was not direct evidence of age discrimination because the relevance of the comment is provided by inference B. holding that a prima facie case for discrimination requires the plaintiff to show that 1 he belongs to the protected age group 2 his job performance was satisfactory 3 adverse employment action was taken against him in 4 circumstances giving rise to an inference of discrimination C. holding age discrimination claim barred D. holding that the defendants comment that the plaintiffs upcoming fiftyfifth birthday was a cause for concern was too ambiguous to give rise to an inference of age discrimination and therefore was not direct evidence E. holding in age discrimination case that plaintiffs dismissal did not give rise to an inference of discrimination when job was subsequently offered to an older individual

assistant: The best answer is E. holding in age discrimination case that plaintiffs dismissal did not give rise to an inference of discrimination when job was subsequently offered to an older individual
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: 449 U.S. 199 101 S.Ct. 632 66 L.Ed.2d 391 Danny VINCENT, appellant,v.State of TEXAS No. 79-5962 Supreme Court of the United States December 9, 1980 PER CURIAM. 1 The appeal is dismissed for want of a properly presented federal question. 2 THE CHIEF JUSTICE and Justice POWELL would dismiss for want of jurisdiction.

assistant: 9
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: on by the Blasingame court have been overruled. Zamore v. Whitten, 395 A.2d 435 (Me.1978) was overturned by Bahre v. Pearl, 595 A.2d at 1035 and Kenney v. Porter, 557 S.W.2d 589 (Tex.Civ.App.1977) was overturned by Kenney v. Porter, 604 S.W.2d at 301-02. 21 .In his concurrence to the Court of Appeals’ opinion, Judge Susano asserted that he felt bound by the Blasingame decision, but urged the Supreme Court to “revisit Blasingame” because he felt that “the cases espousing the majority view are arguably the better-reasoned cases on the subject at hand.” 22 .It is not necessary for us to address the policy debate concerning whether closely-held stock is commonly dealt in on securities exchanges or markets or is commonly recognized as a medium for investment because the O 70, 374 (1980) (<HOLDING>); Nelson v. Brostoff, 70 Or.App. 486, 689 P.2d Options: A. holding failure to establish terms of an oral loan agreement precluded the existence of a breach of contract claim B. holding that a federal habeas court may grant specific performance of a plea agreement in the face of evidence that the state has breached the terms of such an agreement C. holding that the judicial admission exception did not apply to prove the existence of an oral agreement for the sale of stock where the defendant offered his deposition testimony acknowledging that the parties agreed to have a document transferring the stocks drafted by an attorney because the defendants references to the agreement were in terms of a tentative or incomplete agreement and because any admission of such a contract would necessarily have to include a statement of the price and quantity terms D. holding in a suit to establish the existence of an oral agreement for the sale of stock that the judicial admission exception was not satisfied by the plaintiffs deposition testimony acknowledging that before negotiations had broken down the parties had reached an agreement with regard to price and quantity of stock and had drafted a document reflecting the agreement E. holding part performance of an oral agreement necessary to take the oral agreement out of the statute of frauds must be consistent only with the existence of the alleged oral contract

assistant: The best answer is C. holding that the judicial admission exception did not apply to prove the existence of an oral agreement for the sale of stock where the defendant offered his deposition testimony acknowledging that the parties agreed to have a document transferring the stocks drafted by an attorney because the defendants references to the agreement were in terms of a tentative or incomplete agreement and because any admission of such a contract would necessarily have to include a statement of the price and quantity terms
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: failure of the revised execution protocol to require properly trained personnel to be present during executions (to assess anesthetic depth prior to the injection of the drugs that cause paralysis and cardiac arrest and death, and to remedy any unforeseen problems that may occur), and to specify more precise timing of the injections so as to reduce the likelihood of an inmate being conscious during the latter stages of the procedure. The defendants, however, have allayed this latter concern by revising the protocol during the pendency of this appeal to require the personnel carrying out an execution to wait two and one-half minutes after the injection of the anesthetic before proceeding to inject the remaining two drugs called for in the protocol. See ROA, Vol. IV 34 L.Ed. 519 (1890) (<HOLDING>). Thus, we conclude there is nothing in the Options: A. holding that the death penalty does not violate the prohibition against cruel punishments set forth in article 1 section 13 of the pennsylvania constitution B. holding that punishments are cruel when they involve torture or a lingering death C. holding that punishments are cruel when they involve the unnecessary and wanton infliction of pain D. holding that claims are related if they involve a common core of facts or they are based on related legal theories E. holding the death penalty disproportionately cruel and unusual when imposed for the crime of rape

assistant: The best answer is B. holding that punishments are cruel when they involve torture or a lingering death
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: (a) The Borrower will use the proceeds of the Revolving Facility Loans, and may request the issuance of Letters of Credit, solely for general corporate purposes (including, without limitation, for Restricted Payments, Permitted Business Acquisitions and project development and, in the case of Letters of Credit, for the back-up or replacement of existing letters of credit and for the avoidance of doubt, the Borrower may request the issuance of Letters of Credit for the account of any subsidiary or any other Person designated by the Borrower, in each case for general corporate purposes of such subsidiary or other Person); provided that no Revolving Facility Loans shall be incurred on the Closing Date and (b) the Borrower will use the proceeds of the initial Term B Loans made on the Closing Date to finance a portion of the Transactions, for the payment of Transaction Expenses and for general corporate purposes (including, without limitation, for Permitted Business Acquisitions and project development).

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: that the defendants had “corruptly endeavorfed] to influence, obstruct, and impede the due administration of justice”- — language which parallels that of the Omnibus Clause of § 1503. See id. (“[I]t is generally acceptable for the indictment to ‘track’ the words of the statute itself, so long as those words expressly set forth all the elements necessary to constitute the offense intended to be punished.” (citing Hinkle, 637 F.2d at 1157)). Fassnacht and Malanga note, however, that “an indictment that tracks the statutory language can nonetheless be considered deficient if it does not provide enough factual particulars to ‘sufficiently apprise the defendant of what he must be prepared to meet’ ” Id. (quoting Russell, 369 U.S. at 763, 82 S.Ct. 1038); see also Hinkle, 637 F.2d at 1158 (<HOLDING>). Fassnacht and Malanga argue that, in their Options: A. holding that the gravamen of the offense is the physical adaptation of the instrument B. recognizing that an indictment must contain the elements of the offense charged fairly inform a defendant of the charge and enable the defendant to plead double jeopardy as a defense in a future prosecution for the same offense C. holding an indictment legally insufficient when it failed to inform the defendant of the gravamen of the alleged offense D. holding evidence legally insufficient E. holding that an indictment gave sufficient notice when the indictment charged the elements of the offense

assistant: The best answer is C. holding an indictment legally insufficient when it failed to inform the defendant of the gravamen of the alleged offense
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 document contains the entire agreement between the Parties and supersedes all prior oral or written agreements, if any, concerning the subject matter hereof or otherwise concerning Employee's employment by the Company. This Agreement may not be changed orally, but only by a written agreement signed by both Parties.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: unambiguous language of the Family Code and under precedent from the Supreme Court of Texas, the answer to this question is “yes.” “A parent of a child has ... the duty to support the child.” Tex. Fam. Code Ann. § 151.001(a) (West 2008). In the Family Code, the Texas Legislature expressly states that “a parent who fails to discharge the duty of support is liable to a person who provides necessaries to those to whom support is owed.” Id. § 151.001(c). In this provision, the Legislature ha is a sound statutory basis for the holdings in cases in which courts have determined that the trial court in a non-enforcement modification suit has authority to order a parent to pay reasonable attorney’s fees as child support under the “necessaries rule.” See In re J.A.D., 2010 WL 2649961, at *1-4 (<HOLDING>); In re A.J.J., No. 2-04-265-CV, 2005 WL Options: A. holding in modification suit in which no enforcement was ordered that trial court did not abuse its discretion in ordering father to pay mothers attorneys fees as child support under the necessaries rule B. holding that trial court properly assessed mothers attorneys fees as necessaries against father in case in which trial court ordered father to pay mothers attorneys fees as child support but did not state that the fees were necessaries C. holding that trial court did not abuse its discretion in ordering that father pay attorneys fees to mother as necessaries for the benefit of the children in divorce decree and citing statutory predecessor to section 151001 D. holding that trial court did not abuse its discretion in ordering that father pay attorneys fees to mother as necessaries for the benefit of the children in paternity proceeding and citing statutory predecessor to section 151001 E. holding in nonenforcement modification suit that court of continuing jurisdiction did not abuse its discretion in ordering father to pay reasonable attorneys fees incurred by mother as necessaries for the children

assistant: The best answer is A. holding in modification suit in which no enforcement was ordered that trial court did not abuse its discretion in ordering father to pay mothers attorneys fees as child support under the necessaries rule
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of antidumping duties. The contention has some superficial logical basis, but as explained by Commerce in the Remand Results at 17, Hoogovens simply ignores that the reimbursement determination must be made as part of the administrative review process and calculation of the total dumping margin by making the appropriate adjustment required by the regulation prior to the assessment of antidumping duties in liquidation of the entries. As pointed out by Commerce, the reimbursement regulation requires an adjustment of U.S. price in the final margin calculation, which adjustment must obviously be made prior to liquidation of the entries and assessment of antidumping duties, citing PO Corp. v. United States, 652 F. Supp. 724, 737 (CIT 1987). See also Hoogovens, 4 F. Supp. 2d at 1218 (<HOLDING>). V Conclusion For the foregoing reasons, the Options: A. holding that a calculation of the amount of loss is a factual finding B. recognizing that as part of the final margin calculation commerce adjusts the us price downward to reflect the amount of duty reimbursed to or paid on behalf of the importer C. holding that the measure of damages for the breach of a contract of sale where no fraud is shown is the difference between the contract price and the market price of the goods on the date of the breach D. holding that where defendant objected in the district court only to the loss calculation and not specifically to the calculation of restitution the issue of restitution was not properly presented to the district court E. holding that the redemption price was based on the amount bid at foreclosure and not what the subsequent purchaser paid for the property

assistant: The best answer is B. recognizing that as part of the final margin calculation commerce adjusts the us price downward to reflect the amount of duty reimbursed to or paid on behalf of the importer
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: has neither lodged a cross-appeal nor obtained a certificate of appealability from the district court on this issue. The district court stayed the grant of the writ of habeas corpus pending this appeal. II. Standard of Review This Court reviews a district court’s decision to grant habeas corpus relief de novo. Lucas v. O’Dea, 179 F.3d 412, 416 (6th Cir.1999). We review the district court’s findings of fact for clear error. Id.; Carson v. Burke, 178 F.3d 434, 436 (6th Cir.1999). Because the Petition was filed after April 24, 1996, the effective date of the Anti-Terrorism and Effective Death Penalty Act of 1996 (“AEDPA”), our review of the decisions of the state trial and appellate courts is governed by AEDPA. See Lindh v. Murphy, 521 U.S. 320, 323, 117 S.Ct. 2059, 138 L.Ed.2d 481 (1997) (<HOLDING>); Barker v. Yukins, 199 F.3d 867, 871 (6th Options: A. holding aedpa applicable to petition filed on or after aedpas effective date B. holding that habeas petitions challenging judgments of conviction that became final before the effective date of the aedpa are not time barred if filed within one year from aedpas effective date april 241996 C. holding that in general aedpas provisions apply to cases filed after its effective date D. holding that petitioners whose convictions became final before the enactment of aedpa had a oneyear grace period after aedpas effective date to file their federal habeas petitions E. holding that 2254 petitions of prisoners whose convictions became final before the passage of the aedpa are timely if filed within one year from the aedpas effective date

assistant: The best answer is A. holding aedpa applicable to petition filed on or after aedpas effective date
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: Neal, 36 F.3d 1190, 1210 (1st Cir. 1994), cert. denied, 519 U.S. 1012 (1996). While, theoretically, we are not bound by the decisions of the First Circuit, we elect to follow the First Circuit on this subject. See State v. Miller, 155 N.H. 246, 256 (2007); see also Sprague, 146 N.H. at 336 (“[T]he IAD is a federal law subject to federal construction.”). Although the defendant’s first motion to dismiss under the IAD could have served to toll the 180-day period, at the time he filed the motion, the 180-day period was already tolled by the continuance of trial from March 10 to September 25, 2006. More significantly, the defendant’s filing of his motion to dismiss did not “occasion” the period of delay from September 25 to November 13, 2006. See Vining v. State, 637 So. 2d 921, 925 (Fla.) (<HOLDING>), cert. denied, 513 U.S. 1022 (1994); Cf. State Options: A. holding that the state did not meet its burden under the iad of establishing that the defendants motions and requests for discovery delayed the trial because 1 the record disclosed no reason why those motions could not have been disposed of within a short time after they were filed 2 there was no evidence the process of discovery did in fact delay the trial and 3 the record failed to suggest how those pleadings could have resulted in delay B. holding that although the defendant filed a number of motions because the original trial date never changed as a result of those motions no delay could be attributed to the motions C. holding in part that the presumption of public access attaches to pretrialnondiscovery motions whether preliminary or dispositive and the materials briefs and documents filed with the court in support of or in opposition to such motions but not to pretrial discovery motions D. holding sanctions were appropriate where party filed motions merely for purposes of delay E. holding that motions to dismiss should have been converted into motions for summary judgment where the district court relied upon contract documents submitted by the defendant

assistant: The best answer is B. holding that although the defendant filed a number of motions because the original trial date never changed as a result of those motions no delay could be attributed to the motions
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: Jackson. Schreiber argues that Daily’s alleged conflict of interest caused Daily’s (and presumably Neary’s) failure to pursue Jackson’s assertion that she was intimidated. Schreiber also alleges eight other grounds that allegedly show Daily was ineffective. Schreiber did present these other grounds to the court of appeals in a pro se brief, but he was represented by counsel, and the court apparently chose to evaluate only counsel’s arguments. Because Schreiber’s appellate attorney presented only the juror intimidation issue to the court of appeals, and because the court of appeals only addressed that argument in respect to its decision on prejudice, that is the only ground of its decision this Court may review pursuant to § 2254. See Myartt v. Frank, 395 F.3d 782, 785 (7th Cir.2005) (<HOLDING>). Schreiber does not establish an adverse Options: A. recognizing that 2254d by its own terms applies only to claims previously adjudicated on the merits in statecourt proceedings B. holding that aedpa limits a federal habeas court to the record before the state court where a claim has been adjudicated on the merits by the state court C. holding that a claim brought in a pro se brief that the state court did not address was not adjudicated on the merits as required by 2254d D. holding that aedpa only applies where the state court adjudicated the constitutional issue on the merits E. holding that this court will not address the merits of an issue presented for the first time in a reply brief

assistant: The best answer is C. holding that a claim brought in a pro se brief that the state court did not address was not adjudicated on the merits as required by 2254d
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: '[n]o action may be brought in accordance with Section 46a-100 unless the complainant has received a release from the commission.' ”). 16 . For information on the exhaustion requirements under the ADEA, see O’Neil v. Montgomery County Cmty. College, No. 05-5169, 2006 WL 1648990, at *2 (E.D.Pa. June 12, 2006) (The ADEA "require[s] a plaintiff to file a complaint with the [Equal Employment Opportunity Commission ("EEOC”)] within 300 days of the alleged unlawful employment activity prior to bringing suit. Under a sharing agreement between the PHRC and the EEOC, a complaint filed with the PHRC can be deemed filed with the EEOC, even if the complainant did not explicitly request a dual filing") (internal citations omitted). 17 . See Mead v. Burns, 199 Conn. 651, 509 A.2d 11, 17-18 (1986) (<HOLDING>); Green v. Gov’t Employees Ins. Co., No. Options: A. holding that a private cause of action exists for violations of wva code 33ll4la of the act B. holding that a private cause of action exists for violations of wva code 331143 and 5 of the unfair trade practices act C. holding that a cause of action exists under the connecticut unfair trade practices act for violations of the cuipa D. holding that the lottery commission was not a person under the unfair practices act E. holding connecticut statelaw unfair trade practices claim to be subject to noerr immunity because connecticut statute was coextensive with federal statute subject to noerr

assistant: The best answer is C. holding that a cause of action exists under the connecticut unfair trade practices act for violations of the cuipa
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: Any notice will be given in writing at the address of each party set forth in the first paragraph of this Agreement, or to such other address as either party may substitute by written notice to the other in accordance with this subsection 12.3, and will be deemed given when delivered or, if delivery is not accomplished by reason or some fault of the addressee, when tendered.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: for example , you may choose to share photos or other content from our services to your facebook account and facebook audiences you choose , and then facebook 's statement of rights and responsibility and data policy will apply to your use of the facebook service as well as the content once it is shared to the facebook service .

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: conclusion was manifestly unreasonable. Rhoten’s testimony would have indicated that Helen had admitted to sexual intercourse with her boyfriend, but falsely claimed it was nonconsensual. Defendant, however, claimed that Helen made up claims that they had had sexual intercourse in order to retaliate against him. Thus, in one instance, Helen was covering up consensual intercourse with her boyfriend, while, in the other, she was alleged to have been lying about intercourse with her stepfather. Because of the different circumstances, the trial court could reasonably determine that Rhoten’s testimony was not highly probative when compared to the potential for unfair prejudice if the jury perceived Helen as promiscuous. See State v. Harris, 189 N.C. App. 49, 64, 657 S.E.2d 701, 711 (2008) (<HOLDING>), disc. review denied, 362 N.C. 366, 664 S.E.2d Options: A. holding that a trial court abused its discretion by excluding the testimony of an expert witness where the testimony would have been relevant to show that the defendant breached a duty of care B. holding that a district court did not abuse its discretion in excluding the testimony of a witness that was not highly probative C. holding that the district court did not abuse its discretion in excluding hearsay evidence and evidence that violated the best evidence rule in deciding a summary judgment motion D. holding that trial court did not abuse discretion in excluding under rule 403 evidence of prior motel stays by prosecuting witness and defendant in case in which defendant denied that sexual encounter giving rise to charges occurred because of the questionable relevance of this evidence and its likely prejudicial effect on the remainder of the prosecuting witness testimony E. holding that before immunity under the provision at okla const art ii 27 can be given a witness such witness must have testified under an agreement made with the prosecuting attorney approved by the court or such witness must have claimed the privilege of silence which was by the court denied and such witness must have been compelled by the court to so testify

assistant: The best answer is D. holding that trial court did not abuse discretion in excluding under rule 403 evidence of prior motel stays by prosecuting witness and defendant in case in which defendant denied that sexual encounter giving rise to charges occurred because of the questionable relevance of this evidence and its likely prejudicial effect on the remainder of the prosecuting witness testimony
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: citizenship claim because he failed to exhaust all available administrative remedies; specifically, he failed to appeal the decision of the District Director to the Administrative Appeals Unit. In the alternative, the government argues that Minasyan is not a derivative citizen by virtue of his mother’s naturalization because he has not established that his parents were legally separated before his eighteenth birthday. We reject both of these arguments and conclude that Mina-syan meets the requirements of citizenship as set forth in former § 321(a). 1. Exhaustion For a court to review a final order of removal an alien must typically exhaust all administrative remedies available to the alien as of right. 8 U.S.C. § 1252(d)(1); see Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir.2004) (<HOLDING>). However, a claim to citizenship need not be Options: A. holding that 1252d1 bars the consideration of bases for relief that were not raised below and of general issues that were not raised below but not of specific subsidiary legal arguments or arguments by extension that were not made below B. holding that this court lacks jurisdiction to review a legal claim not presented in administrative proceedings below C. recognizing appellate court jurisdiction over questions of law when objections were not presented below D. holding that an issue not properly preserved below in the district court is generally waived E. holding that 1252 generally bars us for lack of sub jectmatter jurisdiction from reaching the merits of a legal claim not presented in administrative proceedings below

assistant: The best answer is E. holding that 1252 generally bars us for lack of sub jectmatter jurisdiction from reaching the merits of a legal claim not presented in administrative proceedings below
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 acknowledge and agree that it is their mutual objective and intent to minimize taxes in accordance with applicable Law with respect to their collaborative efforts under this Agreement and that they shall use all commercially reasonable efforts to cooperate and coordinate with each other to achieve such objective.

assistant: Cooperation
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: cross motions for summary judgment and the District Court granted defendants’ motion on the sole issue of whether or not the police had probable cause to arrest and charge Moore. Before considering the merits we must dispense with the jurisdictional question of whether Moore’s appeal was timely filed. Moore did not file his formal notice of appeal until June 7, 2007. Defendants argue that his motion is untimely and thus jurisdictionally barred. However, Moore did file an application to proceed in forma pauperis on appeal in the District Court within thirty days of the District Court’s order. Because Moore timely demonstrated an intent to appeal, we have jurisdiction to consider his claim on the merits. See Smith v. Barry, 502 U.S. 244, 247-49, 112 S.Ct. 678, 116 L.Ed.2d 678 (1992) (<HOLDING>); Fleming v. Evans, 481 F.3d 1249, 1253-54 Options: A. holding issues not raised in appellate brief are waived B. holding that the defendants failure to timely serve a notice of appeal and docketing statement did not prejudice the plaintiff and therefore would not serve as a basis to dismiss the appeal C. holding that an issue is abandoned when not raised in an appellate brief D. holding that the filing of an opening brief within the time period for filing a notice of appeal could constitute notice of appeal E. holding an appellate brief may serve as a notice of appeal

assistant: The best answer is E. holding an appellate brief may serve as a notice of appeal
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: when Stryker was sent to “bite and hold”. Therefore, Defendants conclude that the governmental interest at stake here was suspect Mario Zephier’s capture, and this constituted a substantial governmental interest. Plaintiff contends that Ulrich’s belief that Plaintiff was Mario Zephier was unreasonable, and therefore, the governmental interest here was not substantial. Plaintiff also argues that the governmental interest was minor because Plaintiff was arrested for only minor offenses (trespassing and resisting, obstructing, or delaying a peace officer). If Ulrich’s belief was reasonable, then the governmental interest here would be a substantial one, possibly justifying the use of substantial force. See Hill v. California, 401 U.S. 797, 804, 91 S.Ct. 1106, 1111, 28 L.Ed.2d 484 (1971) (<HOLDING>). i. Factual Issues Whether the Property was Options: A. recognizing that police officers generally do not need warrant to search person they have lawfully arrested B. holding that officers reasonable mistake as to a suspects identity entitled the officers to do what the law would have allowed had the correct suspect been arrested ie perform a search incident to arrest C. holding officers engaged in search entitled to immunity D. holding that an officer may search a suspects vehicle incident to a lawful arrest E. holding that defendant officers were entitled to qualified immunity as a matter of law where they relied upon consent of property owner to perform search

assistant: The best answer is B. holding that officers reasonable mistake as to a suspects identity entitled the officers to do what the law would have allowed had the correct suspect been arrested ie perform a search incident to arrest
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, the Executive shall be paid an annual base salary of $425,000, subject to increase for the renewal term (if any) as of January 1, 2019, if so determined by the Compensation Committee. The Executive’s base salary, as may be increased in accordance with this Section 6(a), is hereafter referred to as “ Base Salary .” The Base Salary shall be paid in equal installments pursuant to the Company’s customary payroll policies and procedures in force at the time of payment, but in no event less frequently than monthly.

assistant: Base Salary