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: at 507-09; Gobbi, 471 F.3d at 314-15; United States v. Owens, 308 F.3d 791, 794-95 (7th Cir.2002); United States v. Johnson, 302 F.3d 139, 153-54 (3d Cir.2002); United States v. Haas, 171 F.3d 259, 268 (5th Cir.1999); Godinez, 110 F.3d at 456-57; Boggi, 74 F.3d at 478-79; Hickok, 77 F.3d at 1006-09; United States v. Weitzenhoff, 35 F.3d 1275, 1292 (9th Cir.1993); see also United States v. Lipscomb, 284 Fed.Appx. 924 (3d Cir.2008) (same). Circuit court decisions applying the same principles, but reversing and remanding Section 3C1.1 perjury enhancements based upon inadequate factual findings, include the following. See, e.g., Fiorelli, 133 F.3d at 220-25; Catano-Alzate, 62 F.3d at 42-43; United States v. Hilliard, 31 F.3d 1509, 1518-21 (10th Cir.1994); see also Miller, 527 F.3d at 74-81 (<HOLDING>); United States v. Friedman, 998 F.2d 53, 57-58 Options: A. holding that record did not support findings of willful falsity applying rule of fundamental ambiguity or of materiality B. holding the trial court is not required to make specific findings of fact on the record for each wham factor if the record contains sufficient evidentiary support for the finding of lack of good cause C. holding that the testimony of an obligor as to amount of payments was sufficient evidence to support findings of actual support paid D. holding right to be fundamental E. holding lack of specific findings under statute not necessarily fatal to initial custody order where reviewing court can glean factors from record to support more general findings

assistant: The best answer is A. holding that record did not support findings of willful falsity applying rule of fundamental ambiguity or of materiality
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: 539-40 (Tenn.1992); Laymance v. Vaughn, 857 S.W.2d 36, 37 (Tenn.App.1992). However the non-exclusive nature of the Tennessee Consumer Protection Act does not override the well-settled principle that recovery of both multiple damages pursuant to a statute and of punitive damages in connection with common law claims amounts to an improper duplicative recovery. See Smith Corona Corp., 784 F.Supp. at 483; Lien, 993 S.W.2d at 58. Ev ., 409 So.2d 507, 509 (Fla.Dist.Ct.App.1982) (concluding that plaintiff may submit all claims to the jury and that plaintiff is entitled to the higher award between punitives in connection with the common law fraud claims and treble damages under the Federal Odometer Disclosure Statute); Cieri v. Leticia Query Realty, Inc., 80 Hawai'i 54, 905 P.2d 29, 46 (1995) (<HOLDING>); Harris v. Manor Healthcare Corp., 111 Ill.2d Options: A. holding treble damages under the civil theft statute are punitive B. holding that a plaintiff may receive both treble damages under rico and state law punitive damages for the same course of conduct C. holding tcpa is remedial statute and that statutory damages are not punitive damages D. holding that a plaintiff is entitled to either statutory treble damages or punitive damages whichever is the greater E. recognizing that an award of treble damages for an antitrust violation and punitive damages for common law tortious interference with business relations based on same conduct would be duplicative holding that punitive and treble damages cannot both be awarded and indicating that a special jury verdict in this situation would be appropriate

assistant: The best answer is D. holding that a plaintiff is entitled to either statutory treble damages or punitive damages whichever is the greater
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 embodies the entire and final, integrated agreement of the Parties on the subject matter stated in this Agreement. No amendment or supplement to or modification of this Agreement shall be valid or binding upon any Party unless made in writing and signed by all Parties. All prior understandings and agreements relating to the subject matter of this Agreement are hereby expressly terminated.

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: and allowing them to respond to Kuljis’s claims would not cause undue delay or injury to Kuljis. They averred that they were ready for trial, that they would reimburse Kuljis for all reasonable expenses incurred in obtaining the “default” judgment, and that they were willing to refund the security deposit immediately, subject to its being accepted by Kuljis and his attorney. ■ On appeal, the Nguyens argue that they have established that their collective failure to respond adequately to Kuljis’s motions for summary judgment was not intentional or the result of conscious indifference, but the result of accident or mistake. See Wheeler, 157 S.W.3d at 442-44; Carpenter, 98 S.W.3d at 685; see also Imkie v. Methodist Hosp., 326 S.W.3d 339, 346 (Tex.App.-Houston [1st Dist.] 2010, no pet.) (<HOLDING>). The majority agrees that Tho and Giang Options: A. holding that pro se litigant who appeared in court under belief that her appearance was all that was needed to respond to summary judgment established that her failure to respond or ask for extension of time were mistakes based on misunderstanding of law and satisfied wheeler test B. holding that district court did not err in summarily granting defendants motion for summary judgment pursuant to local rule where pro se plaintiff failed to respond to motion after district court had warned plaintiff that it would deem his failure to respond a consent to granting of motion C. holding that a pro se party must be advised of consequences of failing to respond to a dispositive motion including an explanation that the failure to respond may result in the district court granting the motion and dismissing the case D. holding that upon a demon stration of abuse a court can restrict future pro se pleadings if it first provides a pro se litigant reasonable notice and an opportunity to respond E. holding a court can restrict future pro se pleadings if it first provides a pro se litigant notice and an opportunity to respond

assistant: The best answer is A. holding that pro se litigant who appeared in court under belief that her appearance was all that was needed to respond to summary judgment established that her failure to respond or ask for extension of time were mistakes based on misunderstanding of law and satisfied wheeler test
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 considers the protection of its confidential information, proprietary materials and goodwill to be very important. Therefore, as a condition of your employment, you and the Company became parties to a Noncompetition and Confidentiality Agreement as of the commencement of your employment, and such agreement remains in full force and effect.

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: pain, and that the trauma was consistent with a history of sexual abuse but could also be consistent with a number of other non-criminal causes. The mother’s hearsay testimony was the sole evidence identifying appellant as the perpetrator. The social worker’s testimony was cumulative to the mother’s regarding identity, but nonetheless, it significantly bolstered the mother’s testimony and it added the report of a threat to punish JB if she revealed the abuse. The social worker was purportedly an uninterested witness, so her testimony was particularly important. While the social worker’s testimonial hearsay might not have contributed to the verdict, we cannot conclude with any certainty that it did not, which is the test for “harmless beyond a reasonable doubt.” Compare Sparkman, supra (<HOLDING>). Because appellant’s Sixth Amendment right to Options: A. holding that it was error to admit a videotaped interview of an alleged child victim of sexual abuse because the defendant was deprived of the right to crossexamine the child B. holding that videotaped interview between child and investigator was admissible C. holding that admission of evidence is harmless if it is cumulative to other legitimately admitted evidence that establishes a defendants guilt beyond a reasonable doubt D. holding that a videotaped interview between the child and an investigator was admissible E. holding that even if videotaped interview of child violated sparkmans constitutional right to confront this witness the evidence was harmless beyond a reasonable doubt where appellant admitted engaging in inappropriate sexual conduct with child among other evidence of direct accusation of criminal sexual conduct

assistant: The best answer is E. holding that even if videotaped interview of child violated sparkmans constitutional right to confront this witness the evidence was harmless beyond a reasonable doubt where appellant admitted engaging in inappropriate sexual conduct with child among other evidence of direct accusation of criminal sexual conduct
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 is intended by the parties as a final expression of their agreement, and are intended to be a complete and exclusive statement of the agreement and understanding of the parties hereto in respect of the subject matter contained herein and therein. There are no restrictions, promises, warranties or undertakings, other than those set forth or referred to herein and therein, with respect to the registration rights granted by the Corporation with respect to Registrable Securities. This Agreement supersedes all prior agreements and understandings between the parties with respect to such subject matter.

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: firearm that has the ability to fire many rounds without reloading,” because “a magazine or similar device that could accept more than 15 rounds of ammunition” was attached or in close proximity to the firearm at the time of the offense. USSG § 2K2.1, comment, (n.2). Barron does not dispute that the district court properly applied the guideline to his conduct, and the guideline itself is a proper exercise of the Sentencing Commission’s authority. Although Congress repealed its ban on possession of semiautomatic assault weapons, the Commission’s decision to recommend enhanced punishment for prohibited persons who possess such weapons does not conflict with any statute, and the guideline is therefore valid. Cf. United States v. Whitehead, 425 F.3d 870, 871-72 (10th Cir.2005) (<HOLDING>). Barron argues, however, that the district Options: A. holding that a defective acknowledgment does not affect the validity of a mortgage as to the parties B. holding that constitutional provision which prohibited local and special laws did not limit legislatures inherent power to repeal the corporate privileges of a particular community and therefore act which repealed the charter of the city of memphis was not unconstitutional C. holding that shepard did not affect the continuing validity of almendareztorres D. holding that the repeal of 921a30 did not affect the validity of the prior version of 2k21a4b which continued to reference the repealed 921a30 E. recognizing that in 1998 the legislature repealed a previous version of the statute and enacted two statutes in replacement

assistant: The best answer is D. holding that the repeal of 921a30 did not affect the validity of the prior version of 2k21a4b which continued to reference the repealed 921a30
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: bulk of his debts.”); In re Euro-Am. Lodging Corp., 357 B.R. 700, 713-14 (Bankr.S.D.N.Y.2007) (finding that debtor was not paying its debts as they become due where one unpaid claim represented 90% of the total debt and the debt had been in default for 15 years); In re Amanat, 321 B.R. 30, 39-40 (Bankr.S.D.N.Y.2005) (citations omitted) (“Where a debtor fails to pay even one debt that makes up a substantial portion of its overall liability, a court may find that he is generally not paying his debts.”); In re Century/ML Cable Venture, 294 B.R. 9, 31 n. 37 (Bankr.S.D.N.Y.2003) (citations omitted) ("The failure to pay a single debt can satisfy the requirement of generality where the debt is sufficiently substantial.”); In re Garland Coal & Mining Co., 67 B.R. 514, 521 (Bankr.W.D.Ark.1986) (<HOLDING>). 14 . Mikkelson sold the loader to Travis Options: A. holding that a debtor has primarily consumer debts if the aggregate amount of consumer debt is more than 50 of the total debt B. holding that effect of discharge of debt under bankruptcy code is the same as it was under the 1898 bankruptcy act it is not an extinguishment of the debt but only a bar to enforcement of the debt as a personal obligation of the debt or C. holding that a debtor is generally not paying debts as they become due where it was paying most of its creditors in number but the total debt which it was not paying exceeded 50 of its outstanding liabilities D. holding that effect of bankruptcy discharge under arizona law is not an extinguishment of the debt but only a bar to enforcement of the debt as a personal obligation of the debtor E. holding that it is not

assistant: The best answer is C. holding that a debtor is generally not paying debts as they become due where it was paying most of its creditors in number but the total debt which it was not paying exceeded 50 of its outstanding liabilities
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: claims under the Racketeer Influenced and Corrupt Organizations Act (“RICO”) and federal and state civil rights statutes against various courts and judges, the County of Marin, several county law enforcement officers and deputy district attorneys, his ex-wife, and the attorney who represented her in child custody proceedings. We have jurisdiction pursuant to 28 U.S.C. § 1291. After de novo review, Wagh v. Metris Direct, Inc, 363 F.3d 821, 825 (9th Cir.2003), we affirm. The district court properly dismissed Fahy’s RICO claims because, even after two opportunities to amend his complaint, Fahy, a licensed attorney, failed to allege with sufficient particularity a pattern of racketeering activity cognizable under the RICO statute. See 18 U.S.C. § 1961 et seq.; Wagh, 363 F.3d at 828 (<HOLDING>). The district court properly dismissed Fahy’s Options: A. holding that californias ucl claims are subject to rule 9b pleading standards B. holding that the fact that federal rule of civil procedure 9b requires a heightened pleading standard for some claims but not for a section 1983 claim against a municipality means that the rules do not require a heightened pleading standard for such a claim C. holding that heightened pleading standards do not apply to defamation actions D. holding that heightened pleading standards of fed rcivp 9b apply to fraud elements of rico claim E. holding that rule 9bs heightened pleading requirement applies to allegations of mail and wire fraud used as predicate acts for a rico claim

assistant: The best answer is D. holding that heightened pleading standards of fed rcivp 9b apply to fraud elements of rico claim
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: On the Grant Date, prior to the effective time of the Company Merger, the Company and the Trust shall execute a Bill of Sale, Assignment, Acceptance and Assumption Agreement conveying the Holdco Interests to the Trust, a copy of which is attached as Appendix A hereto. The Company or its successor in the Company Merger will, upon reasonable request of the Trustees, execute, acknowledge, and deliver such further instruments and do such further acts as may be necessary or proper to carry out effectively the purposes of this Agreement, to confirm or effectuate the transfer to the Trust or any Trust Subsidiary of any property intended to be covered hereby, and to vest in the Trust, such Trust Subsidiary and their respective successors and assigns, the estate, powers, instruments or funds in trust hereunder.

assistant: Assignments
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 pay any recording, filing, stamp or similar tax which may be payable in respect of any transfer involved in the issuance of, and the preparation and delivery of certificates (if applicable) representing, (A) any Warrant Shares purchased upon exercise of this Warrant and/or (B) new or replacement warrants in the Holder’s name or the name of any transferee of all or any portion of this Warrant; provided , however , that the Company shall not be required to pay any tax which may be payable in respect of any transfer involved in the issuance, delivery or registration of any certificates for Warrant Shares or Warrants in a name other than that of the Holder. The Holder shall be responsible for all other tax liability that may arise as a result of holding or transferring this Warrant or receiving Warrant Shares upon exercise hereof.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: (a) Maintain, with financially sound and reputable insurance companies, insurance in such amounts and against such risks as are customarily maintained by similarly situated companies engaged in the same or similar businesses operating in the same or similar locations and cause the Collateral Agent to be listed as loss payee on property and casualty policies and as an additional insured on liability policies; provided that (%5) workers’ compensation insurance or similar coverage may be effected with respect to its operations in any particular state or other jurisdiction through an insurance fund operated by such state or jurisdiction and (%5) such insurance may contain self-insurance retention and deductible levels consistent with normal industry practice.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the lis pendens merely served to protect the Krauses’ asserted interest against any subsequent purchaser by giving constructive notice of their claim. Westburne Supply, Inc. v. Cmty. Villas Partners, Ltd., 508 So.2d 431, 434-35 (Fla. 1st DCA 1987). To be affected by the outcome of this matter, the Krauses would first have to be successful in their litigation against Mr. Ross and KGE that seeks to establish an interest in the Property. Such an “interest” is far too speculative and remote to confer standing on the Krauses to challenge the Development Loan’s validity. As a general rule, only the corporation or its owners have standing to assert that its corporate officers acted without authority in their execution of a mortgage. Dillon v. Myers, 58 Colo. 492, 146 P. 268, 272 (1915) (<HOLDING>); Liberty Bank & Trust Co. v. Dapremont, 844 Options: A. holding that the mortgagee named in the mortgage at the time of the mortgages execution acquired the legal title to the property B. holding that upon execution of the mortgage the mortgagor retains only an equity of redemption accompanied by a right to possession C. holding that the carrying out of an execution after the first execution attempt had failed did not amount to cruel and unusual punishment D. holding that 2255 is unavailable to attack execution of sentence E. holding creditors who obtained judgment subsequent to corporations execution of mortgage had no right to challenge mortgages execution

assistant: The best answer is E. holding creditors who obtained judgment subsequent to corporations execution of mortgage had no right to challenge mortgages execution
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 shall be effective for a term commencing on the date hereof and, subject to termination under Section 8, expiring on December 31, 2016 (the “ Employment Period ”). Notwithstanding the previous sentence, this Agreement, the Employment Period and the employment of the Executive hereunder shall be automatically extended for successive one year periods upon the terms and conditions set forth herein, with the next such automatic extension occurring on December 31, 2016, and on each December 31st thereafter, unless either party to this Agreement gives the other party written notice (in accordance with Section 18) within the ninety (90) day period prior to December 31, 2015 (or the relevant December 31st thereafter, as applicable) of such party’s intention that the Employment Period shall expire at the close of business on the last day of the then current Employment Period, whereupon, unless earlier terminated in accordance with the provisions of this Agreement, the Employment Period shall expire and this Agreement shall cease to have any further force or effect in respect of any period thereafter. For purposes of this Agreement, any reference to the “term” of this Agreement shall include the original term and any extension thereof.

assistant: 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 legal provision and list the applicable contract clause categories. Provision: Executive shall be eligible to participate in the benefits made generally available by the Company to similarly-situated executives, in accordance with the benefit plans established by the Company, and as may be amended from time to time in the Company’s sole discretion. Executive shall be entitled to vacation of three weeks per annum.

assistant: Benefits
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 required or permitted hereunder shall be given (a) with respect to any Grantor hereunder, at the address of the Company indicated in Schedule 10.02 of the Revolving Credit Agreement, (b) with respect to the Administrative Agent or a Lender, at the Administrative Agent’s address indicated in Schedule 10.02 of the Revolving Credit Agreement. All such addresses may be modified, and all such notices shall be given and shall be effective, as provided in Section 10.02 of the Revolving Credit Agreement for the giving and effectiveness of notices and modifications of addresses thereunder.

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 case excerpt and choose the best holding from the options. Case excerpt: stating he was ineligible for a sentence reduction under 18 U.S.C. § 3582(c)(2) because he was sentenced to the statutory mandatory minimum of 120 months’ imprisonment. See Lagunas II, 309 Fed. Appx. at 266. We affirmed the district court’s order, holding the district court had no authority to sentence Mr. Lagunas below the statutory mandatory minimum. Id. at 267. Shortly thereafter, Congress enacted the Fair Sentencing Act of 2010, which reduced the mandatory minimum sentencing penalties for crack cocaine by significantly reducing the prior crack/powder ratio but which we held did not apply retroactively to defendants sentenced under the prior sentencing ratio statute. See Pub.L. No. 111-220, 124 Stat. 2372 (Aug. 3, 2010); United States v. Lewis, 625 F.3d 1224, 1228 (10th Cir.2010) (<HOLDING>), overruled in part by Dorsey v. United States, Options: A. holding statutory reduction in mandatory minimum penalty based on new ratio is not retroactive B. holding that the act is not retroactive C. holding that a sentence was based on a mandatory statutory minimum sentence even though it was lowered under another statute D. holding that the act is retroactive E. holding that even if the minimum mandatory exceeds the statutory maximum the court must impose the minimum mandatory

assistant: The best answer is A. holding statutory reduction in mandatory minimum penalty based on new ratio is not retroactive
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: 194 F.3d 37, 45 (2d Cir.1999) ("While a bill of particulars or discovery cannot save a 'defective indictment,' [United States v.] Panzavecc-hia, 421 F.2d [440,] 442 [(5th Cir.1970)], where the indictment has been found even minimally sufficient, a court may look to the record as a whole in determining whether the defendant is protected from double jeopardy in a subsequent prosecution and whether the defendant has had an adequate opportunity to prepare his defense.'') (citing United States v. Stavroulakis, 952 F.2d 686, 693 (2d Cir.1992); United States v. Sperling, 506 F.2d 1323, 1344 (2d Cir.1974), cert. denied, 420 U.S. 962, 95 S.Ct. 1351, 43 L.Ed.2d 439 (1975)); see also Hartman v. Lee, 283 F.3d 190, 196 n. 5 (4th Cir.2002) (citing Stephens v. Borg, 59 F.3d 932, 934-36 (9th Cir.1995) (<HOLDING>); Wilson v. Lindler, 995 F.2d 1256, 1264 (4th Options: A. holding error is not harmless when the accused is convicted of firstdegree murder on a general verdict after a trial in which premeditation and felony murder theories are espoused if the felony underlying the felony murder charge is based on a legally unsupportable theory B. holding that failure of indictment to charge felony murder did not violate constitution when defendant had five days of actual notice of the prosecutions intent to rely on afelonymurder theory pri or to closing argument C. holding the failure of an indictment to expressly charge causing does not foreclose a subsequent conviction on a causation theory D. holding that reversal of conviction for felony murder was required where jury failed to find the defendant guilty of the underlying felony as essential element of the felony murder offense E. holding that in light of the appellants failure to object to the prosecutions rebuttal argument against him any error in the prosecutions argument was harmless

assistant: The best answer is B. holding that failure of indictment to charge felony murder did not violate constitution when defendant had five days of actual notice of the prosecutions intent to rely on afelonymurder theory pri or to closing argument
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: rule that counsel must always consult with the defendant regarding an appeal. 528 U.S. at 479-80, 120 S.Ct. 1029 (internal quotations and citations omitted). 10 . Interestingly, South Carolina does not contend that we are barred from considering Frazer’s claim in light of Flores-Ortega. Indeed, South Carolina asserts that Carey is consistent with Flores-Ortega. For the reasons stated, we disagree. Carey presumes that counsel need not inform or consult with his defendant regarding the right to appeal. Flores-Ortega, however, states the opposite: that "in the vast majority of cases, counsel [will] ha[ve] a duty to consult with a defendant about an appeal." 528 U.S. at 481, 120 S.Ct. 1029. 11 . See also Tollett v. Henderson, 411 U.S. 258, 267, 93 S.Ct. 1602, 36 L.Ed.2d 235 (1973) (<HOLDING>). 12 . The fact that there was little Options: A. holding entry of guilty plea waives challenges to the deprivation of constitutional rights that occurred prior to the entry of the guilty plea emphasis added B. recognizing that a voluntary and understanding guilty plea entered without the benefit of a plea bargain waives all nonjurisdictional defects that occurred before the entry of the plea C. holding entry of a guilty plea waives all nonjurisdictional issues D. holding that the defendant remains the master of his case particularly with respect to the entry of a guilty plea E. holding that a valid guilty plea waives a statute of limitations defense

assistant: The best answer is A. holding entry of guilty plea waives challenges to the deprivation of constitutional rights that occurred prior to the entry of the guilty plea emphasis added
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: not conduct any testing of Flee-nor. 9 . Judge Cudahy dissented and would have ordered an evidentiary hearing and the appointment of a neuropsychologist because Burris had not had a full and fair opportunity to litigate that issue in the state courts. 116 F.3d at 262 & n. 2. See also Burris v. Parke, 130 F.3d 782 (7th Cir.1997) (by 2-1 vote, denying last minute effort to stop execution). In this case Fleenor has had a full and fair opportunity to litigate these issues in the state courts, so the issue that divided the Burris panel in the last stages of the case is not presented. 10 . An argument for mercy based solely on sweeping abstractions and appeals to religious beliefs may not amount to effective representation. See, e.g., Hall v. Washington, 106 F.3d 742, 749-50 (7th Cir.1997) (<HOLDING>). Flee-nor’s lawyers focused their argument as Options: A. holding that where trial counsel was not ineffective appellate counsel was not ineffective for failing to raise claim of ineffectiveness of trial counsel B. holding that defendant failed to show that his trial counsel provided ineffective assistance by failing to adequately investigate the case because record demonstrated that counsel did in fact prepare for trial and interview witnesses C. holding that trial counsel was not ineffective for declining to present mitigation evidence regarding appellants psychological problems and drug use when appellant failed to disclose any information about those problems prior to trial D. holding counsels performance was ineffective where counsel failed to present any evidence in mitigation and offered a rambling and incoherent argument that cannot even charitably be called a plea for mercy E. holding counsel was ineffective where counsel failed to contact defendant in preparing for sentencing hearing failed to present mitigation witnesses and failed in closing argument to offer any reason other than blatant disregard of illinois law for sparing halls life

assistant: The best answer is E. holding counsel was ineffective where counsel failed to contact defendant in preparing for sentencing hearing failed to present mitigation witnesses and failed in closing argument to offer any reason other than blatant disregard of illinois law for sparing halls life
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: field of boat moorings, and the DNR has done so. The local ordinance directly affects the same subject matter—boat moorings. Yet, the state law expressly provides concurrent jurisdiction to local governments to legislate in the field; boat mooring was regulated locally prior to the enactment of the State Boat Act, see Md. Acts of 1960, ch. 69, § 8(c) (explaining that the Act expressly preempts existing local laws), and local laws existed governing that subject matter; the DNR has recognized the authority of the local governments to act in the field; and the system of state and local regulation has coexisted without chaos or confusion for over 20 years. These factors make plain that the General Assembly did not intend that the st Co., 450 U.S. 311, 101 S.Ct. 1124, 67 L.Ed.2d 258 (1981)(<HOLDING>). In this case, we conclude that the amendment Options: A. holding that the government can satisfy the hobbs act interstate commerce requirement by showing that the robbery resulted in the closure of a business engaged in interstate commerce B. holding that by operating a railroad in interstate commerce after the passage of federal employee liabilitys act alabama must be taken to have consented to suit C. holding that a state common law claim against a railroad for failure to provide adequate services after the railroad abandoned a line was preempted by frustration of purpose conflict with the interstate commerce act which delegated to the interstate commerce commissioner the authority to regulate abandomnent of lines by earners and broad discretion in determining whether abandonment should be permitted D. holding that commerce clause authorizes congress to punish any particular criminal action even without proof of a relation to interstate commerce when the activity is part of a class of activities determined by congress to affect interstate commerce E. recognizing that the interstate nexus requirement is satisfied by proof of a probable or potential impact on interstate commerce

assistant: The best answer is C. holding that a state common law claim against a railroad for failure to provide adequate services after the railroad abandoned a line was preempted by frustration of purpose conflict with the interstate commerce act which delegated to the interstate commerce commissioner the authority to regulate abandomnent of lines by earners and broad discretion in determining whether abandonment should be permitted
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 professional compensation would make the language of Sections 503(b)(2) superfluous. Congress enacted Sections 327, 330(a), and 503(b)(2) to provide the exclusive method for a debtor’s retention of professionals, subject to numerous safeguards, including the requirement of disinterestedness. A court should not circumvent the limitations placed on retention of professionals by compensating a disqualified professional under Section 503(b)(1)(A). Instead, Section (b)(1)(A) is properly applicable only to authorize priority treatment of non-professional employee claims, including wages, salaries and commissions. The remaining issue is whether the services rendered by Harold Zell were professional in nature, in which case his administrative claim cannot be allowed, or w E.D.N.C.1985) (<HOLDING>); Matter of Seatrain Lines, Inc., 13 B.R. 980 Options: A. holding that a lottery ticket purchased prepetition that won postpetition was included in the debtor estate B. holding that management consultant hired prepetition and retained postpetition was professional requiring appointment nonsalaried employee could not be compensated under section 327a or b C. holding that a subcontract agreement could not circumvent the requirements of section 327a D. holding that a postpetition claim under section 1305 is a liability that arises postpetition and relates only to postpetition activity E. holding that creditors cannot allow postpetition funds to be automatically applied to a prepetition indebtedness absent some positive indication that debtors indeed intend to voluntarily assume their prepetition debts

assistant: The best answer is B. holding that management consultant hired prepetition and retained postpetition was professional requiring appointment nonsalaried employee could not be compensated under section 327a or b
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: de novo. Lopez-Cardona v. Holder, 662 F.3d 1110, 1111 (9th Cir.2011). Factual findings are reviewed for substantial evidence and are treated as conclusive unless the record compels a contrary conclusion. Id. We review a denial of asylum, withholding of removal, or protection under CAT for substantial evidence. Sinha v. Holder, 564 F.3d 1015, 1020, 1025 (9th Cir.2009). Wang failed to challenge the IJ’s denial of withholding of removal or protection under CAT. We deem those claims waived. See Rizk v. Holder, 629 F.3d 1083, 1091 n. 3 (9th Cir.2011). Substantial evidence supports the IJ’s denial of asylum because the totality of the circumstances of Wang’s detention does not compel a finding that he suffered past persecution. See Gu v. Gonzales, 454 F.3d 1014, 1017-18, 1020 (9th Cir.2006) (<HOLDING>); Al-Saher v. INS, 268 F.3d 1143, 1145-46 (9th Options: A. holding that a finding of persecution was not compelled where an alien was arrested detained at a police station for three days interrogated for two hours and hit ten times with a rod in a manner that caused temporary red marks but required no medieal treatment B. holding that detention for three hours in a checkpoint station required probable cause C. holding that a driver was an independent contractor where he had unfettered discretion to determine the days and times he worked with no minimum or maximum number of hours or days imposed by the defendant D. holding that court was not compelled to find past persecution or a wellfounded fear of persecution where the petitioner was arrested detained for four hours and experienced some physical mistreatment E. holding that the record did not compel a finding of persecution where an alien was detained for five or six days

assistant: The best answer is A. holding that a finding of persecution was not compelled where an alien was arrested detained at a police station for three days interrogated for two hours and hit ten times with a rod in a manner that caused temporary red marks but required no medieal treatment
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: Code (UCC) as adopted by Virginia: “Instrument” means a negotiable instrument as defined in § 8.3A-104, Title 8.8A or any other writing which evidences a right to the payment of money and is not itself a security agreement or lease and is of a type which is in ordinary course of business transferred by delivery with any necessary indorsement or assignment.... Va.Code § 8.9 — 105(l)(i). It is undisputed that the CD is neither a “negotiable instrument” nor a security agreement nor a lease. See id. The only question is whether the CD is a writing evidencing a right to the payment of money “which is in ordinary course of business transferred by delivery with any necessary indorsement or assignment.” M The bankruptcy court concluded that (1) although t 490 S.E.2d 334, 338-39 (W.Va.1997) (<HOLDING>). Almost every court to face the issue has Options: A. recognizing the majority rule B. holding that certificates of deposit are instruments not general intangibles even if the certificate is labeled nontransferable C. holding that certificates of deposit are instruments and noting that the majority of jurisdictions agree D. recognizing that majority of jurisdictions hold that the burden of proving an easement is on the party claiming such right and must be established by clear and convincing proof E. holding that nonnegotiable certificates of deposit are instruments within the meaning of ucc article 9 even if transferability is severely restricted

assistant: The best answer is C. holding that certificates of deposit are instruments and noting that the majority of jurisdictions agree
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Moreover, to the extent this claim is properly preserved, Elliott has failed to demonstrate that trial counsel was ineffective for failing to engage his own forensic pathologist at the time of trial to refute the medical examiner’s calculation of the time of death, as he did in the PCRA proceeding by presenting the report of Dr. Arden. We emphasize that the PCRA court did not base its grant of a new trial on the opinion of Dr. Arden or even reference his report, but rather grounded its grant of a new trial on the non-existent inconsistency between the medical examiner’s autopsy report and trial testimony. Further, Elliott has not demonstrated that Dr. Arden or any similar expert was available at the time of trial. See Commonwealth v. Chmiel, 612 Pa. 333, 30 A.3d 1111, 1143 (2011) (<HOLDING>). Counsel is not obligated to call a forensic Options: A. holding that counsels failure to call an expert rebuttal witness does not constitute ineffectiveness the pcra petitioner must demonstrate that an expert witness was available who would have offered testimony designed to advance his cause B. holding that for a habeas petitioner to prove that he was prejudiced by counsels failure to investigate and to produce a certain type of expert witness he must demonstrate a reasonable likelihood that an ordinarily competent attorney conducting a reasonable investigation would have found an expert similar to the one eventually produced C. holding that witness immunity does not bar a claim against a retained expert witness for negligence performance of his duty D. recognizing that a surveyor was an expert witness E. holding that the district court did not abuse its discretion in allowing plaintiffs expert witness to testify when it also allowed defendants expert witness who disputed the methodology used by plaintiffs expert to testify

assistant: The best answer is A. holding that counsels failure to call an expert rebuttal witness does not constitute ineffectiveness the pcra petitioner must demonstrate that an expert witness was available who would have offered testimony designed to advance his cause
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: 641 N.Y.S.2d 753; Oghenekevebe, 473 S.E.2d at 396; Hammons, 10 P.3d at 312; C.C., 48 P.3d at 248; M.D.(S)., 485 N.W.2d at 54. 67 . Douglas, 372 U.S. at 358, 83 S.Ct. at 817. 68 . Id. 69 . 519 U.S. at 110-11, 117 S.Ct. at 560-61; Evitts, 469 U.S. at 400-01, 105 S.Ct. at 838 (noting that State-granted right to appeal would be unique among state actions if it could be withdrawn without consideration of applicable due process norms); see also Sterry, 959 S.W.2d at 257 (concluding that criminal defendant has no constitutional right to have jury assess punishment, but does have statutory right to have jury assess punishment, and this valuable statutory right may not be taken away without due process of law); Moore v. Barr, 718 S.W.2d 925, 926 (Tex.App.-Houston [14th Dist.] 1986, no writ) (<HOLDING>). 70 . R.G., 116 Ill.Dec. 69, 518 N.E.2d at Options: A. holding a defendant is not vested with a right to be absent from trial B. holding that plaintiffs may have a property interest in vested contractual rights C. holding that a termination of a government contract does not constitute a taking of the plaintiffs property without just compensation or without due process of law D. recognizing right to cause of action as property right under navajo due process E. recognizing that elected political candidate enjoyed vested property right which could not be taken away without due process of law

assistant: The best answer is E. recognizing that elected political candidate enjoyed vested property right which could not be taken away without due process of law
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: consolidating the estates, the Defendant alleges that the total amount of its new value defense should be calculated based upon the new value it delivered to any of the Debtors during the preference period. To permit the Trustee to attack the transfers made by each Debtor individually undermines the res ju-dicata effect of the Confirmation Order according to the Defendant. The Defendant acknowledges that there are two lines of cases regarding the retroactive effect of substantive consolidation orders. The Defendant urges the Court to reject Drabkin v. Midland-Ross Corp. (In re Auto-Train Corp., Inc.), 810 F.2d 270, 277-278 (D.C.Cir.1987) and its progeny, and specifically Schwinn Plan Committee v. AFS Cycle & Co. (In re Schwinn Bicycle Co.), 205 B.R. 557 (Bankr.N.D.Ill.1997) (<HOLDING>) in favor of the line of cases represented by Options: A. holding that new value exception still exists B. holding new value exception exists C. holding that a decedents tax settlement with the irs did not establish the value of his estates claim against the irs as a matter of law D. holding that under 11 usc 547c4 a later payment in exchange for new value only deprives the defendant of the new value defense if the later payment is an otherwise unavoidable transfer E. holding that the substantive consolidation of the estates did not permit a consolidated new value defense

assistant: The best answer is E. holding that the substantive consolidation of the estates did not permit a consolidated new value defense