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: immediately appealable.”); In re Aldunate, 3 F.3d 54, 57 (2d Cir. 1993) ("We have jurisdiction over this [§ 1782] appeal pursuant to 28 U.S.C. § 1291.”). 7 . We acknowledge that Credit Suisse had not been served in and was unaware of the § 1782 proceeding until it was served with the subpoena, which it moved to quash on the basis that the district court erred in granting the § 1782 application. 8 . Credit Suisse also argued on appeal that the district court lacked the power to compel production of the documents that Fuhr sought because the documents were located abroad, and § 1782 does not have extraterritorial reach, After briefing was completed, we held in another case that § 1782 has extraterritorial reach. See Sergeeva v. Tripleton Int'l Ltd., 834 F.3d 1194, 1200 (11th Cir. 2016) (<HOLDING>). Credit Suisse does not argue that Sergeeva is Options: A. holding that prosecution of defendant in the united states for hostage taking based on acts committed outside the united states did not violate due process B. holding that a federally issued writ of habeas corpus reaches only convictions obtained in violation of some provision of the united states constitution C. holding that the phrase possession or custody in 5225b requires actual and not merely constructive possession D. holding that the plaintiff must demonstrate that defendants contacts with the united states as a whole support the exercise of jurisdiction consistent with the constitution and laws of the united states E. holding that 1782 reaches responsive documents and information located outside the united states in the possession custody or control of the compelled party

assistant: The best answer is E. holding that 1782 reaches responsive documents and information located outside the united states in the possession custody or control of the compelled party
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 Transactions (excluding use of proceeds) (a) do not require any consent or approval of, registration or filing with, or any other action by, any Governmental Authority, except (i) such as have been obtained or made and are in full force and effect or those which the failure to obtain would not be reasonably expected to result in a Material Adverse Effect, (ii) the filing of Uniform Commercial Code financing statements, (iii) after the Collateral Grant Date, filings with the United States Patent and Trademark Office and the United States Copyright Office, and (iv) any other filings or registrations required to perfect Liens created by the Collateral Documents, (b) will not violate any applicable law or regulation or the charter, by-laws or other organizational documents of the Borrower or any other Loan Party or any order of any Governmental Authority except where any such violation would not reasonably expected to result in a Material Adverse Effect, (c) will not violate or result in a default under any indenture, agreement or other instrument binding upon the Borrower or any other Loan Party or its assets except as would not reasonably expected to result in a Material Adverse Effect, and (d) will not result in the creation or imposition of any Lien on any asset of the Borrower or any of its Material Subsidiaries (other than any Permitted Lien).

assistant: No Conflicts
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: as amended on denial of reh’g (July 28, 2006). In addition, no other statutory preclusion provision under § 6972(b)(2)(A)-(C) applies to this RCRA citizen suit. Defendant does not contest this. In fact, even when EPA consent orders pursuant to CERCLA are in place, courts in this Circuit and elsewhere have found that such consent orders do not preclude citizen suits under RCRA, where the consent order did not remediate all of the harm. Organic Chems. Site PRP Grp. v. Total Petroleum, Inc., 6 F.Supp.2d 660, 665 (W.D.Mich.1998) (denying motion to dismiss RCRA citizen suit for cleanup of soil contamination where plaintiff alleged EPA had taken action only with respect to groundwater contamination); A-C Reorg. Trust v. E.I. DuPont de Nemours & Co., 968 F.Supp. 423, 430-31 (E.D.Wis.1997) (<HOLDING>). In sum, this court does not lack jurisdiction Options: A. holding that railroads rights under 1862 act were for surface easement only B. holding the michigan department of natural resources liable under cercla for remedial actions which exacerbated the contamination at a site C. holding that the failure to raise a futile issue does not constitute ineffective assistance of counsel D. holding rcra claim regarding groundwater contamination not futile where epa consent order only expressly covered surface contamination and might not extend to groundwater E. holding that amendment is futile if the proposed amended complaint does not state a claim upon which relief can be granted

assistant: The best answer is D. holding rcra claim regarding groundwater contamination not futile where epa consent order only expressly covered surface contamination and might not extend to groundwater
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 deemed severable; the invalidity, illegality or unenforceability of any term or provision of this Agreement shall not affect the validity, legality or enforceability of the balance of this Agreement or of any other term hereof, which shall remain in full force and effect. If any of the provisions hereof are determined to be invalid, illegal or unenforceable, the parties hereto shall negotiate in good faith to modify this Agreement so as to effect the original intent of the parties as closely as possible.

assistant: Severability
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 Corporation is a corporation duly incorporated, validly existing and in good standing under the laws of the state of Delaware, with the requisite corporate power and authority to own and use its properties and assets and to carry on its business as currently conducted.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: alleged harassment in an attempt to remedy DeLutiis’ objectionable behavior and prevent any further harassment. App at. 21. The Court also took into consideration the fact that Andreoli “affirmatively plaee[d] herself in a position of close contact with her alleged harasser” by applying for a job that required her to work the same shift as DeLutiis. App. at 23. We have two problems with this analysis. First, the District Court placed the burden on Andreoli’s employer to establish that it was not vicariously liable for DeLu-tiis’ conduct by proving that it took prompt and adequate remedial action and that An-dredli failed to take advantage of the preventive opportunities offered to her. See Burlington Industries, Inc. v. Ellerth, 524 U.S. 742, 765, 118 S.Ct. 2257, 141 L.Ed.2d 633 (1998) (<HOLDING>). In this case, however, because De-Lutiis was Options: A. holding that employer has affirmative defense to vicarious liability for supervisors conduct if 1 employer acted promptly and reasonably to prevent and correct the alleged harassment and 2 employee unreasonably failed to take advantage of preventive opportunities offered to her B. recognizing affirmative defense to supervisor harassment employer must show that it had sufficient antiharassment policy and that plaintiff unreasonably failed to take advantage of any preventive or corrective opportunities provided by the employer or to avoid harm otherwise C. holding that the plaintiff must establish that a supervisors harassment was within the scope of his employment and that the employer failed to respond adequately and effectively when it learned of the harassment D. holding that employers are vicariously liable for harassment of employees unless employer exercised reasonable care to prevent and correct promptly any sexually harassing behavior emphasis supplied E. holding that a constructive discharge would constitute a tangible employment action and prevent the employer from utilizing the affirmative defense to vicarious employer liability for sexual harassment

assistant: The best answer is A. holding that employer has affirmative defense to vicarious liability for supervisors conduct if 1 employer acted promptly and reasonably to prevent and correct the alleged harassment and 2 employee unreasonably failed to take advantage of preventive opportunities offered to her
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Subject to the limitations contained herein, the Option will vest and become exercisable as provided in the Notice of Grant. Any portion of the Option that is vested may be exercised at any time during the period prior to the date the Option terminates. No partial exercise of the Option may be for less than five percent (5%) of the total number of Shares then available under the Option. In no event shall the Company be required to issue fractional shares.

assistant: Vesting
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 notices under this Agreement (including the General Release) must be given in writing and directed to the addresses indicated in this Agreement or any other address designated in writing by either party. All written notices to Adverum Biotechnologies, Inc. must be directed to Adverum’s General Counsel, at the following address: 1035 O’Brien Drive, Menlo Park, California 94025.

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: whether any legal duty independent of ERISA is implicated by defendants’ actions, it also seems clear that “the alleged liability is derived from or dependent upon the existence and administration of [Hartford’s] ERISA-regulated benefit plan,” and thus that plaintiffs quantum meruit claim is “not entirely independent of the federally regulated contract itself, and [is] therefore preempted.” Davila, 542 U.S. at 210, 124 S.Ct. 2488; Radcliff, 377 F.Supp.2d at 563-64 (quoting Davila, 542 U.S. at 213, 124 S.Ct. 2488). Plaintiffs characterization of Count 6 as just using Hartford’s severance plan benefits as a measure of her damages is circular — the amount of those benefits is not an accurate measure of damages for her claims unless she was in fact e 2d 258, 260 (D.Conn.2005) (Eginton, J.) (<HOLDING>). Accordingly, plaintiffs quantum meruit claim, Options: A. holding widows claim that deceased husbands former employer and its life insurance carrier were negligent in their handling of husbands conversion of benefits was preempted by erisa finding the liability of the defendants is dependent upon the existence of the erisa plan and the interpretation of rights conferred by it B. holding that it was appellants burden to prove that her husbands death occurred in the scope of employment and that she was eligible for widows benefits C. holding that erisa does not preempt the plaintiffs claim that the erisa plan administrator is liable for medical malpractice where the plaintiff premised the claim solely on state law and did not invoke the erisa plan D. holding that the former husbands property from a noninterspousal gift may not be distributed under section 610751 although use of the former husbands separate property may be awarded to the former wife to satisfy the former husbands child support obligation E. holding that the plaintiffs causes of action were preempted because their claims were premised on the existence of an erisa plan

assistant: The best answer is A. holding widows claim that deceased husbands former employer and its life insurance carrier were negligent in their handling of husbands conversion of benefits was preempted by erisa finding the liability of the defendants is dependent upon the existence of the erisa plan and the interpretation of rights conferred by it
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: serious felonies like Rice’s carries additional weight. Taken together, the information presented to Weakley was cause to believe Rice was presently armed and dangerous. The officer was entitled for safety reasons to perform a pat-down search. The district court also discounted the fact that the false identity provided by the back seat passenger contributed to reasonable suspicion vis-a-vis Rice. Given the circumstances here, the passenger’s attempt to hide her identity is entirely consistent with efforts to avoid detection of criminal conduct. Thus, Officer Weakley’s inference that the passenger’s desire to conceal her identity was somehow related to the activities of the car’s three occupants was justified, and our case law supports such an inference. See Dennison, 410 F.3d at 1213 (<HOLDING>). A reasonable officer can infer from the Options: A. holding that during a routine traffic stop it is reasonable for an officer to search the driver for weapons before placing the driver in a patrol car if placing the driver in the patrol car during the investigation prevents officers or the driver from being subjected to a dangerous condition and placing the driver in the patrol car is the least intrusive means to avoid the dangerous condition B. holding an officer may order a passenger to get out of a car during a traffic stop and may frisk a passenger for weapons if the officer reasonably suspects the passenger is armed and dangerous C. recognizing as reasonable an officers inference that a driver could be hiding weapons in his car when his passenger had an outstanding warrant for a weapons violation D. holding that a police officer may order an individual out of his car and frisk him for weapons if there is a reasonable belief that the individual is armed and dangerous E. holding that city ordinances ban on assault weapons was vague because the ordinance lacked a scienter requirement and its definitions of assault weapons inter alia unfairly required gun consumers to ascertain the developmental history of particular weapons or monitor the precise types of ammunition available for their weapons

assistant: The best answer is C. recognizing as reasonable an officers inference that a driver could be hiding weapons in his car when his passenger had an outstanding warrant for a weapons violation
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 services , third-party apps and services , or material or products offered through the services may be unavailable from time to time , may be offered for a limited time , or may vary depending on your region or device .

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: The execution, delivery and performance of this Agreement and the other Loan Documents to which the Borrower, any Guarantor or any Subsidiary of Borrower is a party and the transactions contemplated hereby and thereby (i) are within the authority of such Person, (ii) have been duly authorized by all necessary proceedings on the part of such Person, (iii) do not and will not conflict with or result in any breach or contravention of any provision of law, statute, rule or regulation to which such Person is subject or any judgment, order, writ, injunction, license or permit applicable to such Person, (iv) do not and will not conflict with or constitute a default (whether with the passage of time or the giving of notice, or both) under (x) any provision of the partnership agreement, articles of incorporation or other charter documents or bylaws of, or (y) any agreement or other instrument binding upon, such Person or any of its properties, (v) do not and will not result in or require the imposition of any lien or other encumbrance on any of the properties, assets or rights of such Person other than the liens and encumbrances in favor of Agent contemplated by this Agreement and the other Loan Documents, and (vi) do not, as of the date of execution and delivery thereof, require the approval or consent of any Person other than those already obtained and delivered to Agent.

assistant: Authorizations
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 Business Properties comprise all the land and buildings leased, controlled, occupied or used by the Seller in relation to the Business. The information in respect of the Business Properties set out in the Disclosed Information is accurate in all respects.

assistant: General
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 determining the meaning of the Plan, words imparting the masculine gender shall include the feminine and the singular shall include the plural, unless the context requires otherwise. Unless otherwise stated, references to Sections are references to Sections of this Plan. Whenever an example is provided or the text uses the term “including” followed by a specific item or items, or there is a passage having similar effect, such passages of the Policy shall be construed as if the phrase “without limitation” followed such example or term (or otherwise applied to such passage in a manner that avoids limits on its breadth of application).

assistant: Construction
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: Neither Borrower nor Operating Lessee shall create, incur, assume or suffer to exist any Lien on any portion of any Individual Property or permit any such action to be taken, except for (a) Permitted Encumbrances; (b) Liens created by or permitted pursuant to the Loan Documents; and (c) easements and other similar encumbrances entered into by Borrower or Operating Lessee in the ordinary course of business for use, maintenance, access, parking, water and sewer lines, telephones and telegraph lines, electric lines or other utilities or for other similar purposes, provided that no such easement or other similar encumbrance shall materially impair the utility and operation of the Property or materially and adversely affect the value of the Property or Borrower’s or Operating Lessee’s condition (financial or otherwise) or business. Without limiting the foregoing, Borrower shall not incur any PACE Debt without the prior written consent of Lender in its sole discretion.

assistant: Liens
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: Tenant represents and warrants to Landlord that if Tenant is not a natural person, Tenant has been and is qualified to do business in the state in which the Premises is located, Tenant has full right and authority to enter into this Amendment, and that all persons signing on behalf of Tenant were authorized to do so by appropriate actions.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: an `` unauthorized third party program '' as used herein shall be defined as any third party software , including without limitation any `` addon '' or `` mod , '' that in blizzard entertainment 's sole determination : ( 1 ) enables or facilitates cheating of any type ; ( 2 ) allows users to modify or hack the world of warcraft interface , environment , and/or experience in any way not expressly authorized by blizzard entertainment ; or ( 3 ) intercepts , `` mines , '' or otherwise collects information from or through world of warcraft ; ( 4 ) in the event that world of warcraft detects an unauthorized third party program , blizzard entertainment may ( a ) communicate information back to blizzard entertainment , including without limitation the account name , details about the unauthorized third party program detected , and the time and date the unauthorized third party program was detected ; and/or ( b ) exercise any or all of its rights under any blizzard agreement , with or without prior notice to the user .

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: The capitalization of the Company (including the authorized capital stock of the Company, the issued and outstanding shares of capital stock of the Company and the number of shares of capital stock of the Company issuable upon the exercise or conversion, as applicable, of any Common Stock Equivalents) is as set forth on Schedule 3.1(g) . Except as disclosed on Schedule 3.1(g) , the Company has not issued any capital stock since its most recently filed periodic report under the Exchange Act, other than pursuant to the exercise of employee stock options under the Company’s stock option plans and pursuant to the conversion and/or exercise of Common Stock Equivalents outstanding as of the date of the most recently filed periodic report under the Exchange Act. Except as disclosed on Schedule 3.1(g), no Person has any right of first refusal, preemptive right, right of participation, or any similar right to participate in the transactions contemplated by the Transaction Documents. Except as a result of the purchase and sale of the Shares and as disclosed in the SEC Reports, there are no outstanding options, warrants, scrip rights to subscribe to, calls or commitments of any character whatsoever relating to, or securities, rights or obligations convertible into or exercisable or exchangeable (or any other securities of the Company which, whether after notice, lapse of time, or payment of monies, are or would be convertible into or exchangeable or exercisable) for, or giving any Person any right to subscribe for or acquire, or any phantom stock or stock appreciation rights relating to, any shares of Common Stock or other capital stock of the Company, or contracts, commitments, understandings or arrangements by which the Company or any Subsidiary is or may become bound to issue additional shares of Common Stock or Common Stock Equivalents or other capital stock of the Company. The issuance and sale of the Shares will not obligate the Company to issue shares of Common Stock or other securities to any Person (other than the Purchaser). All of the outstanding shares of capital stock of the Company are duly authorized, validly issued, fully paid and nonassessable, have been issued in compliance with all federal and state securities laws, and none of such outstanding shares was issued in violation of any preemptive rights or similar rights to subscribe for or purchase securities. No further approval or authorization of any stockholder, the Board of Directors or others is required for the issuance and sale of the Shares. Except as disclosed in the SEC Reports, there are no stockholders agreements, voting agreements, “poison pill” or similar anti-takeover agreements or plans or other similar agreements with respect to the Company’s capital stock to which the Company is a party or, to the knowledge of the Company, between or among any of the Company’s stockholders.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: an avowed drug trafficker or throwing up its hands and convicting after its repeated requests of the court for clarification of the causation requirement were rebuffed. Cf. supra n. 3. In the face of the court’s serial refusals to provide the help the jury was desperately seeking, few laypersons would be willing to say “not proven” and return a verdict in favor of the drug dealer. III. For the foregoing -reasons, I would vacate the judgment of conviction under § 841(b)(1)(C) and remand with instructions. that Alvarado either (1) be accorded a new trial or (2) be resentenced without a new trial on the lesser included §. 841(a)(1) distribution offense. Cf. United States v. Hickman, 626 F.3d 756, 760 (4th Cir.2010); see also United States v. Blue, 808 F.3d 226, 237 (4th Cir.2015) (<HOLDING>); United States v. Ford, 750 F.3d 952 (8th Options: A. holding that the greater offense is by definition the same for purposes of double jeopardy as any lesser offense included in it B. holding that a lesser crime cannot be a lesser included offense of a greater crime if the lesser crime contains an essential element not included in the greater crime C. holding that counsel was not ineffective in failing to request a charge on the lesserincluded offense when the evidence showed either the commission of the completed offense as charged or the commission of no offense such that the defendant was not entitled to a charge on the lesser offense D. recognizing that it is within our power to direct entry of judgment on a lesser included offense when vacating a greater offense if the commission of the lesser offense can be established from facts that the jury actually found citations omitted E. holding that an offense is factually lesser included if the charging instrument alleges that the means used to commit the crime charged include all of the elements of the alleged lesser included offense

assistant: The best answer is D. recognizing that it is within our power to direct entry of judgment on a lesser included offense when vacating a greater offense if the commission of the lesser offense can be established from facts that the jury actually found citations omitted
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Pay and discharge promptly when due all material Taxes imposed upon it or upon its income or profits or in respect of its property before the same shall become delinquent or in default, as well as all lawful claims which, if unpaid, might give rise to a Lien upon such properties or any part thereof, except (i) Taxes that are being contested in good faith by appropriate proceedings and for which the Borrower or such Subsidiary has set aside on its books adequate reserves to the extent required in accordance with GAAP, or (ii) Taxes or claims, which, if not paid, could reasonably be expected to have, individually or in the aggregate, a Material Adverse Effect.

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: was “plain,” which is the second requirement of the plain error test. See Rodriguez, 398 F.3d at 1298. Those assumptions are not enough, however, because Vasquez cannot meet the third requirement of the test, which is that he show that the district court’s alleged error prejudiced him — that it created a reasonable probability of a different result. See id. at 1299. One reason that he cannot show that is because the court also based the manager-or-supervisor enhancement on the undisputed fact that Vasquez provided the money with which the conspirators bought the heroin. We have held that “provid[ing] funding for [a] criminal endeavor” supports a § 3B1.1 enhancement. United States v. Ramsdale, 61 F.3d 825, 830 (11th Cir.1995); cf. United States v. Packer, 70 F.3d 357, 362 (5th Cir.1995) (<HOLDING>). Another reason Vasquez cannot show that the Options: A. holding that the district court lacked authority to revisit the application of the career offender enhancement in a 3582 motion because that enhancement was not affected by a retroactive amendment B. holding a sentence enhancement for two prior convictions must be based on separate criminal episodes C. holding that for recovery under the mississippi tort claims act to be barred because of a victims criminal activity at the time of the injury it must beshown that the criminal activity has some causal nexus to the wrongdoing of the tortfeasor D. holding that the defendants substantial rights were not affected by a sentencing guidelines enhancement even in the absence of a specific finding by the district court because the evidence amply supported the enhancement E. holding that providing the necessary funding for criminal activity supports a 3b11 enhancement

assistant: The best answer is E. holding that providing the necessary funding for criminal activity supports a 3b11 enhancement
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: Mr. Price did file timely objections in the district court in both 07-1088 and 07-1141. In both matters, Mr. Price put the district court on notice of his dissatisfaction with the magistrate judge’s conclusions. To be sure, in 07-1088 Mr. Price captioned his pleading as a notice of appeal, but the district court was able to discern Mr. Price’s intention and solicitously treated Mr. Price’s pro se filing as the requisite objection. In 07-1141, Mr. Price clearly cited the applicable statute and rule for challenging magistrate judges’ reports in district court. Yet, while we conclude that Mr. Price did file timely objections sufficient to preserve appellate review, his objections, with one exception, fall so short of our requirement of specificity that we cannot 84, 1190 (10th Cir.1999) (<HOLDING>). The single error which Mr. Price did identify Options: A. holding an argument to be waived for inadequate briefing and failure to raise the issue in the statement of points on appeal B. holding an argument waived on appeal for failure to raise the issue in objection to the magistrates recommendation C. holding argument waived for failure to raise it in opening brief D. holding a onesentence conclusory objection to an issue in the magistrates recommendation insufficient to preserve that issue for appeal E. holding that failure to object to magistrate judges recommendation waived issue on appeal

assistant: The best answer is B. holding an argument waived on appeal for failure to raise the issue in objection to the magistrates recommendation
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: Effective upon consummation of the Cancellation Transaction, Releasor, on behalf of himself and his respective heirs and personal representatives, and all others claiming through or under them, does hereby release, acquit and forever discharge Releasee and its present and former employees, officers, directors, members, shareholders, agents, consultants, counsel or representatives, and its successors and assigns (collectively, the " Releasee Parties "), and each of them, of and from any and all obligations, claims, debts, demands, covenants, contracts, promises, agreements, liabilities, controversies, costs, expenses, attorneys' fees, actions or causes of action of any nature, whatsoever, in law or in equity, whether known or unknown, foreseen or unforeseen, accrued or not accrued, direct or indirect, which the Releasor ever had, now have, or can, shall or may have against any or all of the Releasee Parties, either alone or in combination with others, arising out of or from or in any way related to Cancelled Shares and Cancelled Amount of the Note only, and not the Note Balance.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall terminate with respect to each Holder on the earlier of: (i) the date that is the later of (x) three years from the SEC Effective Date and (y) the date on which all Registrable Shares held by such Holder are transferred other than to a Permitted Transferee or may be sold under Rule 144 without volume limitations during any ninety (90) day period; or (ii) the date otherwise terminated as provided herein.

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 case excerpt and choose the best holding from the options. Case excerpt: authorizes the search of “any vehicle,” officers may search the vehicles of guests. In other words, neither the court nor, apparently, the parties, argued the probable cause issue — which is what Swift argues in this case. Unlike the appellant in Gentry, Swift does not dispute the scope of the 44 Reed Road warrant. It is not contested that, on its face, the warrant directed the officers to search every vehicle at the scene. Instead, Swift argues that the 44 Reed Road warrant is invalid because the underlying affidavit failed to establish probable cause to search every vehicle at the scene. 2. Particularity is Not an Issue The Prosecution also argues that “all vehicles” warrants satisfy the particularity requirement of the Fourth Amendment. Though some state courts have found otherwise (<HOLDING>), most courts considering this question, Options: A. holding such agreements to be per se illegal B. holding that such any and all language is per se unconstitutional for lack of particularity C. holding that denial of access per se is noncompensable D. holding that per se statutory rule is not permissible under fourth amendment E. holding that citys policy need not be unconstitutional per se but need only cause a constitutional violation

assistant: The best answer is B. holding that such any and all language is per se unconstitutional for lack of particularity
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: against them. The Tiberts appeal. II [¶ 8] On appeal, the Tiberts argue the trial court erred in finding there was no justiciable controversy because the perpetual easement between Minto and Minto Grain rendered the Tiberts’ issue moot. The Tiberts contend the easement granted by Minto Grain to the City of Minto is not equivalent to an easement held in trust for the public for purposes of a public street. [¶ 9] When a trial court dismisses a case for mootness, we review the factual findings under the clearly erroneous standard set forth in Rule 52(a), North Dakota Rules of Civil Procedure. See Syversen v. Hess, 2003 ND 118, ¶ 9, 665 N.W.2d 23. However, a trial court’s legal conclusion of mootness is reviewed de novo. See Minnesota Humane Soc’y v. Clark, 184 F.3d 795, 797 (8th Cir.1999) (<HOLDING>); State v. Utvick, 2004 ND 36, ¶ 31, 675 N.W.2d Options: A. holding that we review a district courts interpretation of a statute de novo B. holding that we review constitutional challenges de novo C. holding that we review issues of statutory interpretation de novo D. holding we review claim construction de novo on appeal E. holding we review a dismissal for mootness de novo

assistant: The best answer is E. holding we review a dismissal for mootness de novo
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 Loan Parties and their Restricted Subsidiaries have conducted their business in compliance in all material respects with the United States Foreign Corrupt Practices Act of 1977, the UK Bribery Act 2010 and other similar anti-corruption legislation in other jurisdictions, and have instituted and maintained policies and procedures designed to promote and achieve compliance in all material respects with such laws.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: debate that an officer’s subjective intent is irrelevant to the probable cause determination. See Apo-daca, 443 F.3d at 1289. We therefore hold Officer Dilley is entitled to qualified immunity on Mocek’s Fourth Amendment claim. Mocek also asserts Fourth Amendment claims against the other officers and the TSA agents on the theory that they acted in concert with Officer Dilley. His brief advances no theory as to how they could be liable where the arresting officer had arguable probable cause — at worst, based on a reasonable mistake of law — in choosing to arrest him. Accordingly, we hold that all of the individual defendants are entitled to qualified immunity. 3. First Amendment Claims Mocek next contends that he had a First Amendment right to film at the s 7, 988-89 (10th Cir.2005) (<HOLDING>); Szymecki v. Houck, 353 Fed.Appx. 852, 853 Options: A. holding it was not clearly established that police violated the first amendment by destroying recordings of police activity at roadside sobriety checkpoints B. holding that it was not clearly established that independent contractor claiming denial of public contract because of political affiliation was protected under first amendment C. holding that retaliatory discharge is a clearly established first amendment violation D. holding there was no clearly established right to videotape police officers during a traffic stop E. holding the right to record police activity on public property was not clearly established

assistant: The best answer is A. holding it was not clearly established that police violated the first amendment by destroying recordings of police activity at roadside sobriety checkpoints
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: 523 U.S. at 308, 118 S.Ct. 1261 (internal citations omitted). In order for a claimed violation to rise to the level of constitutional deprivation, the evidence sought to be introduced must be deemed to have been “particularly significant” or a “fundamental element of the accused’s defense.” Similarly, the Confrontation Clause of the Sixth Amendment guarantees to the criminal defendant the right “to be confronted with the witnesses against him.” U.S. Const., am. VI, cl. 5. The Supreme Court has held that this right “means more than being allowed to confront the witness physically. ‘Our cases construing the [confrontation] clause hold that a primary interest secured by it is the right of cross-examination.’ ” Davis v. Alaska, 415 U.S. 308, 315, 94 S.Ct. 1105, 39 L.Ed.2d 347 (1974) (<HOLDING>) (quoting Douglas v. Alabama, 380 U.S. 415, Options: A. recognizing the importance of crossexamining a witness regarding bias B. recognizing the importance of the employers knowledge of the disability C. recognizing the importance of grand jury secrecy D. recognizing importance of transcript to rehabilitation of debtor E. recognizing the diminished importance of the state policy factor

assistant: The best answer is A. recognizing the importance of crossexamining a witness regarding bias
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: There are no actions, suits, proceedings, or investigations pending or, to the knowledge of I-ON, threatened by or against I-ON, or affecting I-ON, or its properties, at law or in equity, before any court or other governmental agency or instrumentality, domestic or foreign, or before any arbitrator of any kind.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of the offense”). 14 . 544 U.S. 13, 16, 125 S.Ct. 1254, 1257, 161 L.Ed.2d 205 (2005); see also Gomez-Leon, 545 F.3d at 784. 15 . Snellenberger, 548 F.3d at 701. 16 . 520 F.3d 1072, 1078 (9th Cir.), cert. denied, - U.S. -, 129 S.Ct. 433, 172 L.Ed.2d 314 (2008); Gomez-Leon, 545 F.3d at 784. 17 . See United States v. Espinoza-Cano, 456 F.3d 1126, 1132 (9th Cir.2006) (quoting Shepard, 544 U.S. at 25, 125 S.Ct. at 1262). 18 . 414 F.3d 1038, 1044 (9th Cir.2005) ("Although police reports and complaint applications, standing alone, may not be used to enhance a sentence following a criminal conviction, ... the contents of these documents may be considered if specifically incorporated into the guilty plea or admitted by a defendant.”). 19 .See, e.g., Almazan-Becerra, 537 F.3d at 1098-1100 (<HOLDING>); Espinoza-Cano, 456 F.3d at 1132 (district Options: A. holding that based on the facts presented by the state and the defendants stipulation to the existence of a factual basis for his plea the court properly determined a factual basis for the plea existed B. holding that district court abused discretion in denying motion to withdraw plea based on intervening supreme court decision that may have rendered factual basis of plea insufficient C. holding that district court properly considered a police report that the defendant had stipulated contained a factual basis for his plea D. holding that because the court could not consider police reports it could not rely on an attorneys argument based on the police report as the basis for determining the statutory basis for a conviction E. holding that right to challenge factual basis is waived by guilty plea

assistant: The best answer is C. holding that district court properly considered a police report that the defendant had stipulated contained a factual basis for his plea
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Subject to the Minimum Vesting Condition, Options shall vest and become exercisable in such manner and on such date or dates or upon such event or events as determined by the Committee. Options shall expire upon a date determined by the Committee, not to exceed ten (10) years from the Date of Grant (the “ Option Period ”); provided , that if the Option Period (other than in the case of an Incentive Stock Option) would expire at a time when trading in the shares of Common Stock is prohibited by the Company’s insider trading policy (or Company-imposed “blackout period”), then the Option Period shall be automatically extended until the thirtieth (30 th ) day following the expiration of such prohibition. Notwithstanding the foregoing, in no event shall the Option Period exceed five (5) years from the Date of Grant in the case of an Incentive Stock Option granted to a Participant who on the Date of Grant owns stock representing more than 10% of the voting power of all classes of stock of any member of the Company Group.

assistant: Vesting
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: Scott (1931) 113 Cal.App. Supp. 778, 783 [296 P. 601].) A dissolute person is one who is “ ‘indifferent to moral restraint’ ” and “ ‘given over to dissipation. . . .’ ” (People v. Jaurequi, supra, 142 Cal.App.2d 555, 560.) The terms “lewd” and “dissolute” ordinarily include conduct found “disgusting, repulsive, filthy, foul, abominable [or] loathsome” under contemporary community standards. (Silva v. Municipal Court (1974) 40 Cal.App.3d 733, 741 [115 Cal.Rptr. 479].) This impressive list of adjectives and phrases confers no clarity upon the terms “lewd” and “dissolute” in section 647, subdivision (a). Indeed, “the veiy phrases and synonyms through which meaning is purportedly ascribed serve to obscure rather than to clarify those terms.” (State v. Kueny (Iowa 1974) 215 N.W.2d 215, 217 (<HOLDING>).) To instruct the jury that a “lewd or Options: A. holding the term lewdness undefined in the iowa abatement statute to be vague B. holding the phrase open and gross lewdness unconstitutionally vague C. holding that attorney disciplinary rule was unconstitutionally vague as applied D. holding that essentially equivalent is unconstitutionally vague E. holding factor b is not unconstitutionally vague

assistant: The best answer is B. holding the phrase open and gross lewdness unconstitutionally vague
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, unless expressly set forth therein, shall be governed by, construed and enforced in accordance with, the law of the State of New York, without reference to the conflicts or choice of law principles thereof (other than New York General Obligations Law Section 5-1401).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company will, and will cause each of its Subsidiaries to, (a) keep and maintain all property material to the conduct of its business in good working order and condition, ordinary wear and tear excepted, and (b) maintain, with financially sound and reputable insurance companies, insurance in such amounts and against such risks as are customarily maintained by companies engaged in the same or similar businesses operating in the same or similar locations.

assistant: Insurances