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: because the pistol found in his apartment was inoperable. Irving contends that because it was inoperable, the gun was relevant only to show propensity, which is impermissible. Alternatively, Irving contends that any probative value was outweighed by its potential for unfair prejudice. The government argues that the gun, although inoperable, tended to show that Irving was willing and intended to execute the plan to kill Watson. In the present case, the trial court did not abuse its discretion in admitting the pistol into evidence. Irving's possession of the pistol tended to establish that he thought he was able to carry out the plan to kill Watson, and therefore that he intended to conspire to kill Watson and obstruct justice. See Coleman v. United States, 379 A.2d 710, 712 (D.C.1977) (<HOLDING>). The fact that the gun turned out to be Options: A. holding that police officers testimony as to the victims prior inconsistent statements made to him on day of the alleged crime were not admissible as substantive evidence and could not be used to support a finding of guilt B. holding that defendants prior possession of the physical means of committing the crime is some evidence of the probability of his guilt and is therefore admissible C. holding that the admission of unlawfully seized evidence of a crime was admissible if the jury was instructed that the evidence could be considered only in assessing a defendants credibility and not for determining guilt D. holding that an indictment is sufficient as long as it fully and clearly sets out the crime and the elements of the offense even if the evidence consists of proof of other means of committing the same crime E. holding that error from the erroneous admission of evidence was harmless in light of the overwhelming evidence of the defendants guilt

assistant: The best answer is B. holding that defendants prior possession of the physical means of committing the crime is some evidence of the probability of his guilt and is therefore admissible
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 affect the rights of third parties such as judgment creditors”).] Thus, an unrecorded deed “is perfectly efficacious in passing title from grantor to grantee, subject to all subsequent recorded liens against the grantor and subject to potential divestment by a subsequent bona fide grantee without notice.” Siligato v. State, 268 N.J.Super. 21, 28, 632 A.2d 837 (App.Div.1993). C. To the best we are able to determine, DMAHS has been applying existent common law principles in respect of when a transfer of real estate has occurred, appropriately focusing on execution of a deed accompanied by delivery and acceptance with the requisite intent to convey the real property. See L.A. v. Div. of Med. Assistance and Health Servs., 96 N.J.A.R.2d 92, 1996 WL 784644 (Div. of Med. Assistance) (<HOLDING>). Stated otherwise, DMAHS previously has not Options: A. holding that the date of discrimination is the date on which a decision not to hire a plaintiff becomes effective B. holding the sixyear limitations period begins to run upon date that payment is made C. holding that the commission on remand can set the effective date of a rate to be the effective date of the original commission activity D. holding that despite sixyear gap between gift deeds signing and recordation transfer effective on date of signing and therefore petitioner eligible for medicaid assistance E. holding that the date of transfer should be measured by the date that the transfer was good as against a subsequent bona fide purchaser or judgement holder which in accordance with applicable state law was the date of recordation as opposed to the date the deed was signed

assistant: The best answer is D. holding that despite sixyear gap between gift deeds signing and recordation transfer effective on date of signing and therefore petitioner eligible for medicaid assistance
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 Borrower will not, nor will it permit any Restricted Subsidiary to, enter into or suffer to exist any (i) Sale and Leaseback Transaction, except Sale and Leaseback Transactions in which the aggregate amount of liability incurred by the Borrower or any Restricted Subsidiary does not exceed $5,000,000 for all such Sale and Leaseback Transactions, taken as a whole, or (ii) any other transaction pursuant to which it incurs or has incurred Off-Balance Sheet Liabilities, except for (x) Swap Agreements permitted under the terms of Section 7.07 and (y) Advance Payment Contracts; provided that the aggregate amount of all Advance Payments received by the Borrower or any Restricted Subsidiary that have not been satisfied by delivery of production at any time does not exceed, in the aggregate $5,000,000.

assistant: Sales
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: At the closing of any conversion, the Holder shall surrender this Note, and the Company shall issue to the Holder a certificate evidencing the applicable securities issuable upon such conversion. At the Company’s election, fractional units of securities will not be issued upon conversion of this Note. In lieu of such fractional units, the Company may pay to Holder, by certified check, the amount of the outstanding principal under the Note that is not so converted. The Holder and the Company will execute any and all documents necessary or appropriate to effect the conversion.

assistant: Closings
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: courts commit “constitutional error without any showing of prejudice” when they prevent defense counsel “from assisting the accused during a critical stage of the proceeding.” See United States v. Cronic, 466 U.S. 648, 659 n. 25, 104 S.Ct. 2039, 80 L.Ed.2d 657 (1984); see also Bell v. Cone, 535 U.S. 685, 696-98, 122 S.Ct. 1843, 152 L.Ed.2d 914 (2002). Bourne contends that communication between the jury and the judge in this case was a critical stage, citing this Circuit’s holding in French v. Jones, 332 F.3d 430 (6th Cir.2003), for support. There, the court held that a trial court’s delivery, without counsel, of supplemental jury instructions was a critical stage and per se harmful. Id. at 434, 436; cf. Shields v. United States, 273 U.S. 583, 587-89, 47 S.Ct. 478, 71 L.Ed. 787 (1927) (<HOLDING>). Bourne contends the ex parte communication Options: A. holding new trial required after judges ex parte communication with jury in response to jury question during deliberations because there was no way of reaching a conclusion about what transpired other than by adopting the judges recollection B. holding that the judges entry into the jury room constituted reversible error C. holding that judges ex parte communication telling a jury it needed to reach a verdict was reversible error without any discussion of harmlessness D. recognizing the hazards of ex parte communication with a deliberating jury E. holding that a defendant did not waive his right to be present at an ex parte encounter between the judge and juror because he was not present at the time of the communication and therefore had no opportunity to object when the error was committed

assistant: The best answer is C. holding that judges ex parte communication telling a jury it needed to reach a verdict was reversible error without any discussion of harmlessness
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: the company has discretion , however , to terminate the account of any user after receipt of a single notification of claimed infringement or upon the company 's own determination .

assistant: Unilateral termination
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 hereby indemnifies Administrative Agent, each Lender, their respective Affiliates, and their respective directors, officers, employees, attorneys, agents, advisors and controlling parties (each, an “ Indemnified Party ”) from and against, and agrees to hold them harmless against, any and all Claims and Losses of any kind (including reasonable and documented fees and disbursements of counsel), joint or several, that may be incurred by or asserted or awarded against any Indemnified Party, in each case arising out of or in connection with or relating to any investigation, litigation or proceeding or the preparation of any defense with respect thereto arising out of or in connection with or relating to this Agreement or any of the other Loan Documents or the transactions contemplated hereby or thereby or any use made or proposed to be made with the proceeds of the Loans, whether or not such investigation, litigation or proceeding is brought by Borrower, any of its shareholders or creditors, an Indemnified Party or any other Person, or an Indemnified Party is otherwise a party thereto, and whether or not any of the conditions precedent set forth in SECTION 6 are satisfied or the other transactions contemplated by this Agreement are consummated, except to the extent such Claim or Loss is found in a final, non-appealable judgment by a court of competent jurisdiction to have resulted from such Indemnified Party’s gross negligence or willful misconduct ( provided that , in the case of any of the foregoing arising from any dispute among Indemnified Parties not involving any action of any Obligor, Indemnified Parties shall not seek , and Borrower shall not be required to provide, indemnification under this Section 13.03(b) for any portion of such Claims or Losses in excess of those that Indemnified Parties reasonably determine is related to the transactions between Obligors and Indemnified Parties). No Obligor shall assert any claim against any Indemnified Party, on any theory of liability, for consequential, indirect, special or punitive damages arising out of or otherwise relating to this Agreement or any of the other Loan Documents or any of the transactions contemplated hereby or thereby or the actual or proposed use of the proceeds of the Loans. Borrower, its Subsidiaries and Affiliates and their respective directors, officers, employees, attorneys, agents, advisors and controlling parties are each sometimes referred to in this Agreement as a “ Borrower Party .” No Lender shall assert any claim against any Borrower Party, on any theory of liability, for consequential, indirect, special or punitive damages arising out of or otherwise relating to this Agreement or any of the other Loan Documents or any of the transactions contemplated hereby or thereby or the actual or proposed use of the proceeds of the Loans.

assistant: Indemnifications
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: ” Albright v. Oliver, 510 U.S. 266, 271, 114 S.Ct. 807, 127 L.Ed.2d 114 (1994) (quoting Baker v. McCollan, 443 U.S. 137, 144 n. 3, 99 S.Ct. 2689, 61 L.Ed.2d 433 (1979)). To state a claim under § 1983, a plaintiff “must allege the violation of a right secured by the Constitution and the laws of the United States, and must show that the alleged deprivation was committed by a person acting under color of law.” West v. Atkins, 487 U.S. 42, 48-49, 108 S.Ct. 2250, 101 L.Ed.2d 40 (1988). Here, Goodman relies on substantive rights conferred by the Fourth Amendment. The undisputed facts in this case evidence that a seizure took place because Goodman was detained by Defendants and was not free to leave. See United States v. Mendenhall, 446 U.S. 544, 554, 100 S.Ct. 1870, 64 L.Ed.2d 497 (1980) (<HOLDING>). For clarity, the Court analyzes the incident Options: A. recognizing that a person has been seized within the meaning of the fourth amendment only if in view of all of the circumstances surrounding the incident a reasonable person would have believed that he was not free to leave B. holding that an encounter is a seizure if in view of all of the circumstances surrounding the incident a reasonable person would have believed that he was not free to leave C. holding that in determining whether a seizure has occurred a court must consider if in view of all of the circumstances surrounding the encounter a reasonable person would have believed that he or she was not free to leave D. holding that an individuals liberty is restrained only if in view of all the circumstances surrounding the incident a reasonable person would have believed that he was not free to leave E. holding that a person is seized when a reasonable person would have believed that he was not free to leave

assistant: The best answer is A. recognizing that a person has been seized within the meaning of the fourth amendment only if in view of all of the circumstances surrounding the incident a reasonable person would have believed that he was not free to leave
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: reasonably necessary. We affirm. Jurisdiction in the district court was proper based upon 18 U.S.C. § 3231. Jurisdiction in this court is proper based upon 28 U.S.C. § 1291. The notice of appeal was timely filed pursuant to Fed. ít.App. P. 4(b). Background In the underlying criminal matter, defendant was indicted on August 22, 1995, on one count of possession of materials involving the sexual exploitation of a minor, in violation of 18 U.S.C. § 2252(a)(4)(B). The indictment was based on three sexually explicit photographs, found in defendant’s home, which he had taken of his twelve-year-old stepdaughter. Defendant was tried before a jury and found guilty. On appeal, this court vacated the conviction based upon an evidentiary issue. United States v. Heidebur, 122 F.3d 577 (8th Cir.1997) (<HOLDING>). On remand, defendant pled guilty. On January Options: A. holding that district courts admission of evidence that defendant had sexually molested his stepdaughter was improper because it showed propensity and was not probative of his knowing possession of the photographs B. holding improper admission of hearsay evidence is reversible error only when the admission causes prejudice C. recognizing trial courts discretion in weighing the allegedlyimproper prejudicial aspects of photographs of victims against the photographs probative value D. holding that evidence of violent crimes and other illegal activities of defendants gang was not unduly prejudicial because defendant was not directly implicated and the evidence was probative of elements of the crimes that the defendant was charged with E. holding that district courts findings were not clearly erroneous where there was sufficient evidence that the defendants waiver of his rights was knowing and intelligent

assistant: The best answer is A. holding that district courts admission of evidence that defendant had sexually molested his stepdaughter was improper because it showed propensity and was not probative of his knowing possession of the photographs
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: tried to recreate what work had been done and when it had been done. The Court reduced the fees by $4,000.00. It also became apparent at the hearing that the funds available from the sale of the lake lot will not be adequate to pay the Chapter 7 administrative expenses, the fees due which have been awarded to Dr. Meyer’s dissolution counsel, the fees which have been awarded to Dr. Meyer’s accountant, and the reduced interim fees awarded to Mr. Desselle. The Court, therefore, ordered Mr. Desselle to pay over to the Chapter 7 trustee the $9,656 585-87 (D.Mass.1992) (after finding that the failure to provide detailed records warrants reduction or disallowance of fees, the court reduced a deficient interim fee application by forty-two percent); In re Land, 138 B.R. 66, 71 (D.Neb.1992) (<HOLDING>); In re Cascade Oil Co., Inc., 126 B.R. 99, 105 Options: A. holding that district court did not abuse its discretion in striking fact statements that did not comply with the local rules B. holding it was not an abuse of discretion to deny funds C. holding the court has discretion to deny compensation to an attorney who does not comply with the code and bankruptcy rules and submits a fee application without sufficient specificity D. recognizing that the district court has discretion to admit or deny motive evidence E. holding not an abuse of discretion to deny funds

assistant: The best answer is C. holding the court has discretion to deny compensation to an attorney who does not comply with the code and bankruptcy rules and submits a fee application without sufficient specificity
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 to Bank immediately upon demand, in addition to any other amounts due or to become due hereunder, but only to the extent related to LIBOR borrowings actually made hereunder, any and all (i) withholdings, interest equalization taxes, stamp taxes or other taxes (except income and franchise taxes or their equivalent) imposed by any domestic or foreign governmental authority and related in any manner to LIBOR, and (ii) future, supplemental, emergency or other changes in the LIBOR Reserve Percentage, assessment rates imposed by the Federal Deposit Insurance Corporation, or similar requirements or costs imposed by any domestic or foreign governmental authority or resulting from compliance by Bank with any request or directive (whether or not having the force of law) from any central bank or other governmental authority and related in any manner to LIBOR to the extent they are not included in the calculation of LIBOR. In determining which of the foregoing are attributable to any LIBOR option available to Borrower hereunder, any reasonable allocation made by Bank among its operations shall be conclusive and binding upon Borrower.

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 case excerpt and choose the best holding from the options. Case excerpt: Nor would achieving the projected savings early in the biennium mean that the DOC should have stopped applying HB 406 retroactively since there is no language in HB 406 to indicate that the General Assembly did not intend for that legislation to apply retroactively for its entire effective lifetime. 57 . Baker, 204 S.W.3d at 597. 58 . See, e.g., Lewis v. Jackson Energy Co-op. Corp., 189 S.W.3d 87, 92-93 (Ky.2005) (using grammatical structure of statute as interpretive aid). 59 . Milner v. Gibson, 249 Ky. 594, 61 S.W.2d 273, 277 (1933). 60 . In 2009, the General Assembly amended KRS 439.354(1) to provide, with some exceptions, parolees are to be given final discharges after reaching their minimum expiration dates. 61 .See, e.g., Commonwealth v. Paisley, 201 5.W.3d 34, 36-37 (Ky.2006) (<HOLDING>). 62 . Hoskins, 150 S.W.3d at 10. 63 . Options: A. holding that a trial court had no discretion to enter a writ of replevin after finding that the statutory requirements for issuing the writ had been met even though the statute provided that a circuit court may issue a writ of replevin reasoning that based on the context may implied an imperative obligation B. holding that demonstration of error does not necessarily entitle petitioners to a writ unless the standards for granting a writ have been met C. holding that common pleas erred in setting aside the writ of execution on the basis that the union erroneously filed a writ of execution instead of filing a writ of mandamus D. holding that to grant a writ of mandamus a court in the exercise of its discretion must be satisfied that the writ is appropriate under the circumstances E. holding writ was discharged because relator failed to serve writ within the 33 days prescribed by law

assistant: The best answer is B. holding that demonstration of error does not necessarily entitle petitioners to a writ unless the standards for granting a writ have been met
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: effective as of may 11 , 2009 ( the `` effective date '' ) , world of warcraft will be hosted in the european union by blizzard entertainment s.a.s. ( referred to herein as , `` blizzard entertainment '' ) , and/or its licensors , and all use of the world of warcraft proprietary on-line service ( the `` service '' ) is governed by the terms and conditions contained in this terms of use agreement entered into between blizzard entertainment , and yourself , and includes any future revisions implemented according to the procedure described in article xii herein ( hereafter referred to as the `` terms of use '' ) .

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: This Agreement and the other Loan Documents represent the entire agreement of Parent, the Borrower, the Administrative Agent and the Lenders with respect to the subject matter hereof and thereof, and there are no promises, undertakings, representations or warranties by the Administrative Agent or any Lender relative to the subject matter hereof not expressly set forth or referred to herein or in the other Loan Documents.

assistant: Integration
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: ¶ 21 The Arizona legislature has imposed upon convicted felons a standard for the restoration of the felon’s civil rights that is, perhaps, more stringent than the standard imposed by other states in requiring a convicted felon to have all civil rights restored before the person may be eligible to register to vote and, consequently, eligible to serve as a petition circulator. See Jean Chung, The Sentencing Project, Felony Disenfranchisement: A Primer (June 2013), available at http://senteneingproject.org/doe/publications/ fd_Felony% 20Disen franchisement% 20Primer.pdf. It is the legislature’s prerogative to impose strict requirements for petition circulators. See generally Arizona v. Inter Tribal Council of Ariz., Inc., — U.S. -, -, 133 S.Ct. 2247, 2257-58, 186 L.Ed.2d 239 (2013) (<HOLDING>). And the legislature’s decision as clearly Options: A. holding courts have inherent power to compel discovery of the states evidence to protect a defendants due process rights B. recognizing states have power to establish voting requirements C. recognizing power of states to engage in some regulation of interstate commerce D. holding that the federal power act did not evince an intent to permit states to prohibit export of hydroelectric power out of state E. recognizing a distinction between the power of a federal court to hear statelaw claims and the discretionary exercise of that power

assistant: The best answer is B. recognizing states have power to establish voting requirements
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 error one and four. Failure to Hold a Hearing on Motion to Reinstate In points of error two and three, appe reinstate is virtually identical to the one attached to the recusal motion. Appellant’s improper affidavits vitiate his motions. Additionally, there is no showing in the record appellant requested a hearing on his motion in the trial court. “Clearly before trial court error can be found in the failure to set a hearing on a motion to reinstate the movant must request a hearing.” Cabrera v. Cedarapids Inc., 834 S.W.2d 615, 618-19 (Tex.App.Houston [14th Dist.] 1992, writ denied) (stating that a party may not lead a trial court into error and then complain about it on appeal); see Rainbow Home Health, Inc. v. Schmidt, 76 S.W.3d 53, 57 (Tex. App.-San Antonio 2002, pet. denied) (<HOLDING>); see also Smith v. McKee, 145 S.W.3d 299, Options: A. holding that trial court did not err B. holding trial court did not err in failing to conduct a hearing on motion for reinstatement when appellants failed to call to the trial courts attention the need for a hearing C. holding trial court did not err by failing to consider amended petition filed after hearing without leave of court D. holding that the trial court did not need to conduct an evidentiary hearing when the dispute could be resolved as a matter of law E. holding that the trial court did not err by failing to hold an oral hearing on a motion to dismiss an appeal because the appellant was afforded a full opportunity to respond to the motion

assistant: The best answer is B. holding trial court did not err in failing to conduct a hearing on motion for reinstatement when appellants failed to call to the trial courts attention the need for a hearing
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company shall not sell, offer for sale or solicit offers to buy or otherwise negotiate in respect of any security (as defined in Section 2 of the Securities Act) that would be integrated with the offer or sale of the Securities in a manner that would require the registration under the Securities Act of the sale of the Securities or that would be integrated with the offer or sale of the Securities for purposes of the rules and regulations of any Trading Market such that it would require stockholder approval prior to the closing of such other transaction unless stockholder approval is obtained before the closing of such subsequent transaction.

assistant: Integration
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 Payroll Deduction Contributions, Matching Contributions and Award Contributions are subject to withholding for applicable federal, state and local income taxes and will be reported as wage income by the Company. When a Participant authorizes a Payroll Deduction of a specific amount, more than that amount will actually be withheld from his or her compensation to cover the withholding taxes due on the Payroll Deduction Contribution and Matching Contribution. Unless set forth otherwise by applicable law, rule, or regulation, the distribution of shares of Stock from a Participant’s Account to a Participant, or cash in lieu of fractional shares, will not be a taxable event.

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: Manager shall keep confidential any nonpublic information obtained in connection with the services rendered under this Agreement and shall not disclose any such information (or use the same except in furtherance of its duties under this Agreement), except: (i) with the prior written consent of the Company; (ii) to legal counsel, accountants and other professional advisors; (iii) to appraisers, consultants, financing sources and others in the ordinary course of the Company’s business; (iv) to governmental officials having jurisdiction over the Company; (v) in connection with any governmental or regulatory filings of the Company or disclosure or presentations to Company investors; or (vi) as required by law or legal process to which Manager or any Person to whom disclosure is permitted hereunder is a party. The foregoing shall not apply to information which has previously become available through the actions of a Person other than Manager not resulting from Manager’s violation of this Section 4(b). The foregoing is not intended to prevent Manager or its Affiliates from, and Manager is permitted to, bid on Properties offered for sale by the Company even if such bid utilizes confidential information; provided, however, prior to bidding or participating in any foreclosure sale of any of the Properties, (i) Manager or any Affiliate of Manager shall first notify Company and KBS REIT in writing of Manager’s or any of its Affiliate’s interest in bidding on any such foreclosure sales of any Properties, (ii) Manager shall represent and warrant to Company and KBS REIT in writing that Manager is unaware of any material information (whether written or oral) relating to the Properties offered for sale that is not available to the Company, and (iii) Manager shall recuse itself from the sales process for such Properties, and Manager shall not be privy to any other bids for such Properties.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: burden on the children. The failure of the girls’ trial counsel to elicit, or the failure of the judge to make a precise finding on, the girls’ views with respect to the termination decrees was not error. Moreover, there is no indication that the judge was punishing the father by terminating his parental rights. See Adoption of Helen, 429 Mass. 856, 862 n.10 (1999). See also Adoption of Don, 435 Mass. 158, 168 (2001). There can be no doubt that the judge’s termination order was based on her assessment of the over-all damage that the father’s noncompliance had wrought on the girls’ lives, and her determination that they should be protected from the uncertainty of repeated litigation and their father’s destructive behavior in the future. See Adoption of Willow, supra at 641, 647-648 (<HOLDING>). Conclusion. Although a finding of parental Options: A. holding that a tortfeasor is required to pay the expenses of over treatment or unnecessary medical treatment unless such treatment was incurred by the victim in bad faith B. recognizing mutual duty of each parent to provide children with support and education suitable to the childrens circumstances C. holding that evidence of the fathers conduct in stabbing the childrens mother alleged to endanger the childrens physical and emotional wellbeing is pertinent to and entwined in the issue of the childrens best interest D. recognizing childrens need for stability and permanency and thus upholding placement of children in permanent guardianship of foster parents E. recognizing that prolonged pattern of failed treatment threatens childrens future stability

assistant: The best answer is E. recognizing that prolonged pattern of failed treatment threatens childrens future stability
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: incident of misconduct during his prosecution.”). Yet he fails to specifically identify even one document with such demonstrative value — let alone “many.” At one point— again, in a footnote — Bartko cites to his pending habeas proceedings in the Eastern District of North Carolina and its “hundreds of pages of exhibits,” but such a cursory gesture hardly constitutes a “meaningful evidentiary showing.” Id. at 33 n. 6; Favish, 541 U.S. at 175, 124 S.Ct. 1570. Even in Bartko’s earlier motions in this case, which he also blithely “incorporat[es] by reference,” Cross-Mot. at 13, he fails to clearly explain where in the record the Court might find evidence of government misconduct. These vague statements are simply not enough. See Oguaju v. United States, 378 F.3d 1115, 1117 (D.C.Cir.2004) (<HOLDING>). Although the Court could have ended its Options: A. holding that plaintiff had failed to make showing required by favish where he alleged that government informant committed perjury at his trial because such assertion even if stated in sworn affidavit of plaintiff was too insubstantial to establish likelihood of government impropriety B. recognizing that dismissal is required if a plaintiff has had fair opportunity to make his case but has failed C. holding that the perjury by a key government witness irrespective of whether the government knew of the perjury at the time of trial infected the trial proceedings and required reversal D. holding that plaintiff stated a claim for breach of contract when it alleged the government failed to purchase insurance for plaintiff as agreed by contract E. holding an individuals admission to a government agent prior to trial that he had previously committed perjury did not waive his privilege to invoke the fifth amendment as to that matter at trial

assistant: The best answer is A. holding that plaintiff had failed to make showing required by favish where he alleged that government informant committed perjury at his trial because such assertion even if stated in sworn affidavit of plaintiff was too insubstantial to establish likelihood of government impropriety
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 unpaid principal amount of each Portion of the Loans shall, subject to the following sentence and Section 2.7(f) , bear interest at the applicable Interest Rate. If at any time such rate of interest would exceed the Maximum Rate but for the provisions thereof limiting interest to the Maximum Rate, then any subsequent reduction shall not reduce the rate of interest on the Loans below the Maximum Rate until the aggregate amount of interest accrued on the Loans equals the aggregate amount of interest which would have accrued on the Loans if the interest rate had not been limited by the Maximum Rate. All accrued but unpaid interest on the principal balance of the Loans shall be payable on each Payment Date and on the Maturity Date, provided that interest accruing at the Default Interest Rate pursuant to Section 2.7(f) shall be payable on demand. The then Outstanding Amount of the Loans and all accrued but unpaid interest thereon shall be due and payable on the Maturity Date. The unpaid principal balance of the Loans at any time shall be the total amount advanced hereunder by Lenders less the amount of principal payments made thereon by or for Borrower, which balance may be endorsed on the Notes from time to time by Lenders or otherwise noted in Lenders’ and/or Administrative Agent’s records, which notations shall be, absent manifest error, conclusive evidence of the amounts owing hereunder from time to time.

assistant: Interests
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 connection with this Agreement and all transactions contemplated by this Agreement, each signatory Party hereto agrees to execute and deliver such additional documents and instruments and to perform such additional acts as may be necessary or appropriate to effectuate, carry out and perform all of the terms, provisions and conditions of this Agreement and all such transactions.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: the arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator 's ruling on the merits .

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: if Transport learned Faireloth could not establish her relation to Judith Kervin, Transport might withdraw its settlement offer. The excluded evidence was unquestionably relevant to the issue of injury. Transport assigned no error to the exclusion of the evidence, however. Its only complaint is that the evidence in the bill of exceptions conclusively established Faircloth’s lack of injury. For two reasons, we cannot adopt Transport’s argument as grounds for vacating the jury’s findings on the common-law claims. First, an appellate court generally may not reverse and render a different judgment based on excluded evidence. J.M. Abott Oil Co. v. San Antonio Brewing Ass’n, 104 Tex. 574, 141 S.W. 517, 517 (1911); see Martin v. Allman, 668 S.W.2d 795, 799 (Tex. App. — Dallas 1984, no writ) (<HOLDING>). Evidence is not conclusive unless it was Options: A. holding that implied consent is not established merely one party introduced evidence relevant to an unpleaded issue and the opposing party failed to object B. holding that a party failed to preserve error by not pursuing a ruling at trial where the courts motion in limine ruling invited the party to attempt to admit the evidence during trial C. holding that the courts role is to view the evidence in the light most favorable to the party opposing summary judgment to draw all reasonable inferences in favor of that party and to eschew credibili ty assessments D. holding that the opposing party must show substantial harm E. holding that a party is entitled to rely on a favorable ruling and need not rebut evidence tendered by an opposing party in a bill of exceptions

assistant: The best answer is E. holding that a party is entitled to rely on a favorable ruling and need not rebut evidence tendered by an opposing party in a bill of exceptions
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: Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure or to secure other obligations shall be released promptly following (i) the elimination of the applicable Fronting Exposure or other obligations giving rise thereto (including by the termination of Defaulting Lender status of the applicable Lender (or, as appropriate, its assignee following compliance with Section 10.06(b)(vii) )) or (ii) the determination by the Administrative Agent and the L/C Issuer that there exists excess Cash Collateral following the application of Section 8.03 ; provided , however , (A) any such release shall be without prejudice to, and any disbursement or other transfer of Cash Collateral shall be and remain subject to, any other Lien conferred under the Loan Documents and the other applicable provisions of the Loan Documents, and (B) the Person providing Cash Collateral and the L/C Issuer may agree that Cash Collateral shall not be released but instead held to support future anticipated Fronting Exposure or other obligations.

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: allegedly deficient opening statement and is not entitled to relief under Strickland. 6. Evidentiary Hearing Hooks asserts the district court erred in denying his request for an evidentiary hearing. In so asserting, he broadly contends such a hearing would establish trial counsel “failed to provide any reasonable advice or assistance” during the entire course of the proceedings following the pre-trial hearing and would include testimony from trial counsel and family members “who have personal knowledge of [trial counsel’s] unconscionable conduct.” In denying Hooks’s re quest for an evidentiary hearing, the district court concluded that even assuming the truth of Hooks’s factual assertions, he was not entitled to habeas relief. See Miller v. Champion, 161 F.3d 1249, 1253 (10th Cir.1998) (<HOLDING>). “A district court’s decision to grant or deny Options: A. holding that a court considering a request for an evidentiary hearing must take into account the deferential standards of 2254d and a hearing is not required if the record refutes the applicants factual allegations or otherwise precludes habeas relief B. holding that an error must have a substantial and injurious effect on the verdict to entitle a petitioner to habeas relief C. holding that under preaedpa law a habeas petitioner is entitled to an evidentiary hearing so long as his allegations if true and if not contravened by the existing factual record would entitle him to habeas relief D. holding that there is no need for an evidentiary hearing when the petitioners habeas submissions demonstrate that the petitioner is conclusively entitled to relief in such circumstances an evidentiary hearing would be a waste of judicial resources E. holding violation of rule 23a does not entitle petitioner to habeas relief

assistant: The best answer is C. holding that under preaedpa law a habeas petitioner is entitled to an evidentiary hearing so long as his allegations if true and if not contravened by the existing factual record would entitle him to habeas relief
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: first publication took place before the beginning of the policy period.... The policy defines “personal injury” as injury, other than "bodily injury," arising out of one or more of the following offenses: d. Oral or written publication of material that slanders or libels a person or organization or disparages a person's or organization’s goods, products or services; or e. Oral or written publication of material that violates a person’s right of privacy. “Advertising injury” is defined as: injury arising out of one or more of the following offenses: a. Oral or written publication of material that slanders or libels a person or organization or disparages a person's or organization’s goods, products or services; b. Oral or written publication of mate 8 Pa.Super. 326, 614 A.2d 295 (1992) (<HOLDING>). 8 . The insurer’s unjustified refusal to Options: A. holding that the trial court erred in looking beyond the allegations of the complaint to determine whether a duty to defend arose B. holding that attorneys fees can be awarded only from time duty to defend arose C. holding that awarded fees were reasonable and that proof that attorneys fees are necessary apart from testimony as to the reasonableness of the fee is not required D. holding that a thirdparty claimant could be awarded attorneys fees and penalties pursuant to 221220 because the insurers failure to defend was arbitrary and capricious E. holding that insurer had a continuing duty to defend

assistant: The best answer is B. holding that attorneys fees can be awarded only from time duty to defend arose
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: proximity between these remarks and the ensuing disciplinary action by Shaw severely undermines the reasonableness of any inference that there existed a causal relationship between the remarks and the subsequent decisionmaking by Shaw. See Ayala-Gerena v. Bristol Myers-Squibb Co., 95 F.3d 86, 97 (1st Cir.1996). Second, the comments made by Houston did not unambiguously display an age-based animus. Instead, Houston simply observed a fact of life: since Vesprini was “not going to be [with Shaw] much longer,” the time had come for Vesprini (i) to “step back and let the young stallions run the [day-to-day] business,” and (ii) to mentor Scott Mahan and Michael Vesprini as the next generation of Shaw executives. See, e.g., Birkbeck v. Marvel Lighting Corp., 30 F.3d 507, 511-12 (4th Cir.1994) (<HOLDING>) (citation omitted); see also EEOC v. Tex. Options: A. holding that the statement made two years prior to adverse employment action that there comes a time when we all have to make way for younger people did not create an inference of age discrimination given that it was stated as a truism with no disparaging overtones B. holding that adea plaintiff had failed to make a prima facie case of age discrimination when he was replaced by someone only two years younger and within the protected age group and there was no other evidence of age discriminatory motive C. 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 D. holding that references to the need to attract newer younger people or young blood were insufficient evidence of age bias because they were isolated and merely reflected a truism of business life E. holding that the fourth prong of a prima facie age discrimination case was satisfied where plaintiff was replaced by two individuals one who was four years younger than plaintiff and the other who was ten years younger

assistant: The best answer is A. holding that the statement made two years prior to adverse employment action that there comes a time when we all have to make way for younger people did not create an inference of age discrimination given that it was stated as a truism with no disparaging overtones