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 legal provision and list the applicable contract clause categories. Provision: The Borrower will not, and will not permit any of its Subsidiaries to, sell, lease or otherwise transfer any property or assets to, or purchase, lease or otherwise acquire any property or assets from, or otherwise engage in any other transactions with, any of its Affiliates, except (a) in the ordinary course of business at prices and on terms and conditions not less favorable to the Borrower or such Subsidiary than could be obtained on an arm’s-length basis from unrelated third parties, (b) transactions between or among the Borrower and its wholly owned Subsidiaries not involving any other Affiliate, (c) any Restricted Payment permitted by Section 6.05 and (e) payment of management or advisory fees permitted by Section 6.10.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: in federal court. Rubio is essentially asking this court to read another basis for a plea in bar into the statute. However, where the lan guage of a statute is plain and unambiguous, no interpretation is needed and a court is without authority to change such language. State v. Johnson, 259 Neb. 942, 613 N.W. 2d 459 (2000). It is not within the province of a court to read a meaning into a statute that is not warranted by the language; neither is it within the province of a court to read anything plain, direct, or unambiguous out of a statute. State v. Cuny, 257 Neb. 168, 595 N.W.2d 899 (1999). Because Rubio has not been acquitted, convicted, or pardoned, his pleading cannot be properly labeled as a plea in bar under § 29-1817. See Melcher v. State, 109 Neb. 865, 192 N.W. 502 (1923) (<HOLDING>). Because his pleading is not a plea in bar, it Options: A. holding that plea in bar may be based only on grounds set forth in statute B. holding that it is generally sufficient that an indictment set forth the offense in the words of the statute itself C. holding that oneyear limitations period set forth in 2255 is not a jurisdictional bar and is thus subject to equitable tolling D. holding that the 1996 personal restraint petition of an individual committed in 1980 pursuant to an insanity plea was procedurally barred because it was filed after the oneyear time bar set forth in rcw 1073090 and because the grounds for relief did not fall within the exceptions to the limitation period E. holding that a complaint that included only allegations of intentional wrongdoing also set forth grounds for liability based on unintentional wrongdoing

assistant: The best answer is A. holding that plea in bar may be based only on grounds set forth in statute
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Loan Documents set forth the entire agreement of the parties with respect to the Loan and supersede all prior written or oral understandings and agreements with respect thereto and no modification or waiver of any provision of this Agreement will be effective unless set forth in writing and signed by the parties hereto. By executing this Agreement and initialing below Borrowers expressly represents and warrants that it did not rely on any representation, assurance or agreement, oral or written, not expressly set forth in this Agreement or any of the other Loan Documents in reaching its decision to enter into this Agreement or any of the other Loan Documents and that no promises or other representations have been made to Borrowers which conflict with the written terms of the Loan Documents. Borrowers represent to Administrative Agent and the Lenders that (i) it has read and understands the terms and conditions contained in this Agreement and the other Loan Documents executed in connection with this Agreement, (ii) its legal counsel has carefully reviewed all of the Loan Documents and it has received legal advice from counsel of its choice regarding the meaning and legal significance of this Agreement and all other Loan Documents, (iii) it is satisfied with its legal counsel and the advice received from it, and (iv) it has relied only on its review of the Loan Documents and its own legal counsel's advice and representations (and it has not relied on any advice or representations from Administrative Agent, any Lender, or any of their respective officers, employees, agents or attorneys). The Loan Documents may not be modified, amended or terminated except by a written agreement signed by each of the parties hereto.

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: In fact, he states in his brief that the issue specifically relates to the reliability of the method used in the present case. Agent Deadman clearly established what the standard procedures for DNA identification were. He also established he and his assistant followed standard procedure in the instant case, without any deviation. Furthermore, contrary to McElroy’s contention that Agent Deadman improperly relied on information from an “outside source,” it is clear he relied only on information gleaned under his direct supervision. This type of information was routinely relied upon in arriving at a conclusion on the identification of the source of a sample. This evidence was admissible as the basis for Agent Deadman’s conclusions. See, Miller v. State (1991), Ind., 575 N.E.2d 272, 274 (<HOLDING>). McElroy also contends the trial court erred Options: A. recognizing that while a testifying expert may rely upon facts or data made known to the expert before the hearing and even may rely upon opinions if reasonably relied upon by experts in the particular field the ipse dixit of that reliance does not make those facts data or opinions true particularly where they are derived largely from hearsay B. holding that even inadmissible hearsay is admissible if of the type generally relied upon by experts in the field C. holding doctors letter is inadmissible hearsay D. holding that hearsay within a police report was inadmissible E. holding hearsay admissible in revocation hearings

assistant: The best answer is B. holding that even inadmissible hearsay is admissible if of the type generally relied upon by experts in the field
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 has full power and authority, and all requisite action has been taken on the part of the Company, its officers, directors and stockholders necessary for (i) the authorization, execution and delivery of the Transaction Documents, (ii) the authorization of the performance of all obligations of the Company hereunder or thereunder, and (iii) the authorization, issuance and delivery of the Securities. The Transaction Documents constitute, or upon the execution and delivery thereof by the Company will constitute, the legal, valid and binding obligations of the Company, enforceable against the Company in accordance with their terms, subject to bankruptcy, insolvency, fraudulent transfer, reorganization, moratorium and similar laws of general applicability, relating to or affecting creditors’ rights generally and to general equitable principles.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: to exercise the right to cancel , you must inform us ( nintendo of europe gmbh , herriotstrasse 4 , 60528 frankfurt am main , germany , fax number : +49 69 667747 95412 , telephone number : for the uk and ireland : +44 345 60 50 247 / for other eu countries and south africa : +49 69 667747 5412 , email : for the uk and ireland : customer-support@nintendo.co.uk / for other eu countries and south africa : eshopservice@nintendo.de ) of your decision to cancel this contract by a clear statement ( e.g. a letter sent by post , fax or email ) .

assistant: None
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: overwhelming weight of authority supports this conclusion and suggests that, while it may be proper to limit, under Rule 609(a)(1), evidence of the underlying facts or details of a crime of which a witness was convicted, inquiry into the “essential facts” of the conviction, including the nature or statutory name of each offense, its date, and the sentence imposed is presumptively required by the Rule, subject to balancing under Rule 403. See United States v. Howell, 285 F.3d 1263, 1267-68 (10th Cir.2002) (finding that evidence of the number and nature of felony offenses is ordinarily required under Rule 609(a)(1) because a witness’s convictions bear to differing degrees on credibility depending on these characteristics); United States v. Burston, 159 F.3d 1328, 1335-36 (11th Cir. 1998) (<HOLDING>); Campbell v. Greer, 831 F.2d 700, 707 (7th Options: A. holding that where defendant stipulates to prior felony conviction evidence of the nature of the prior crime is irrelevant and should be excluded B. holding that prior convictions for simple possession were not similar to the importation of marijuana and thus lack probative value C. holding that defendants prior felony convictions in georgia state court for drugrelated conspiracy and simple possession qualified as predicate prior felony drug offenses for 841b1a because under the plain language of the statute felony drug offense includes any criminal conduct relating to narcotics including simple possession which a state has proscribed as a felony D. holding that the probative value of prior felony convictions varies with their nature and number E. holding that the state had the burden of proving the defendants two prior convictions in order to obtain the felony dui conviction

assistant: The best answer is D. holding that the probative value of prior felony convictions varies with their nature and number
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: 2302; Pennsylvania Department of Environmental Resources v. McDonald Land & Mining Co., 664 A.2d 190, 193 n. 10 (Pa.Cmwlth.1995). While the statute places a $10,000 ceiling on the amount of fees and expenses recoverable, Energy Pipeline’s application contemplates a recovery of sixty times that amount. Furthermore, the Costs Act strictly limits recovery of fees and expenses to parties who can establish that their net worth does not exceed certain thresholds. Section 2, 71 P.S. § 2032. In sum, the Costs Act has a much narrower applicability than Energy Pipeline believes. Moreover, in deciding eases where the Costs Act did apply, this Court has liberally construed the phrase “initiates an adversarial adjudication” in awarding fees and expenses. See McDonald, 664 A-2d 190 (Pa.Cmwlth.1995) (<HOLDING>); West v. Western Center, Department of Public Options: A. holding that where party had reasonable grounds to believe conduct was in compliance with the district courts order imposition of sanctions was not warranted and constituted an abuse of discretion B. holding that denial of mining companys bond release and issuance of compliance order constituted adversary adjudications C. holding issuance of building estimate constituted a denial of claim and triggered the running of the limitations period D. holding that the application of a statute prohibiting subsurface mining left the coal companys rights to underground minerals worthless and constituted a taking E. holding that issuance of an order to show cause satisfied this requirement

assistant: The best answer is B. holding that denial of mining companys bond release and issuance of compliance order constituted adversary adjudications
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: that the Mannings have not received a final decision from the relevant state agencies, and in fact withdrew their permit applications prior to commencement of this suit. The Mannings’ argument, that the permitting process was unreasonably delayed, is not borne out by the record. Even if it were, it would not be a sufficient basis for a takings claim. See Tahoe-Sierra Pres. Council, Inc. v. Tahoe Reg’l Planning Agency, 535 U.S. 302, 334-335, 122 S.Ct. 1465, 152 L.Ed.2d 517 (2002) (rejecting “the extreme categorical rule” that normal delays in obtaining permits could constitute a taking because such a rule would “undoubtedly require changes in numerous practices that have long been considered permissible exercises of the police power”); see also id. at 337 nn. 31-32, 122 S.Ct. 1465 (<HOLDING>). I conclude the case is not ripe for decision. Options: A. recognizing that permitting delays are similar to temporary moratoria and further noting that even a total moratorium on new development for a limited time period is not a taking B. holding that in temporary guardianship proceeding for woman with mental retardation the allegedly incapacitated person must appear because that persons rights are being limited even if for a short period of time C. holding that claimant may simultaneously receive unemployment benefits and workers compensation for temporary partial disability where statute only precludes receipt of workers compensation for temporary total or permanent total disability if claimant is receiving unemployment benefits D. recognizing similar duties E. holding a sentence is not limited to period of incarceration

assistant: The best answer is A. recognizing that permitting delays are similar to temporary moratoria and further noting that even a total moratorium on new development for a limited time period is not a taking
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Borrower and Bank are in compliance with all applicable provisions of ERISA and all other laws, state or federal, applicable to any employees’ retirement plan maintained or established by either of them, except where such noncompliance would not reasonably be expected to cause a Material Adverse Effect.

assistant: Erisa
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: loss as of that date. Blackmon further argues that the net operating loss of $5,657,287 in 1999 was not indicative of the loss Nexity might incur in the future because he understood from one and omissions regarding Nexity’s financial performance in the year 2000 were immaterial as a matter of law. ii. June 15, 2000, Closing Blackmon argues that the Nexity defendants misrepresented the closing date of the offering as June 15, 2000, because Nexity actually allowed investors to purchase stock even after August 2000. Blackmon bases this argument on the new factual allegation in the stricken amended complaint. Because we hold that the amended complaint was properly disallowed, the trial court was correct in not addressing this argument. See Kaplan v. Rose, 49 F.3d 1363, 1370 (9th Cir.1994)(<HOLDING>). Therefore, we do not consider this argument. Options: A. holding that underlying complaints filed by several plaintiffs all contained express allegations of property damage and that because all complaints arose from the same set of circumstances the allegations in any single complaint can be inferred in the other complaints B. holding that the trial court properly refused to consider allegations in the disallowed amended complaints C. holding that the trial court properly struck the amended complaint when the plaintiff offered no reason to refute the trial courts finding that the new allegations in the amended complaint were based on facts the plaintiff had known since the beginning of the action D. holding leave to amend was properly denied where the relator had previously filed two amended complaints E. holding that the trial court properly refused defendants instruction because it invaded the province of the jury

assistant: The best answer is B. holding that the trial court properly refused to consider allegations in the disallowed amended complaints
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: Purchaser shall not assign this Agreement or any interest therein to any Person, without the prior written consent of Seller, which consent shall not be unreasonably withheld, conditioned or delayed, and which consent shall be automatically deemed provided if Seller fails to provide such consent within five (5) days after receiving Purchaser’s notice requesting such consent.

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 and each of its Subsidiaries are in compliance with all Laws applicable to the Company or any of its Subsidiaries, in each case except for instances of non-compliance that, individually or in the aggregate, have not had and would not reasonably be expected to have a Material Adverse Effect. The Company and each of its Subsidiaries hold all licenses, permits, certificates, approvals and authorizations from Governmental Entities necessary for the lawful conduct of their respective businesses (collectively, “ Permits ”), except where the failure to hold the same, individually or in the aggregate, has not had and would not reasonably be expected to have a Material Adverse Effect.

assistant: Compliance With 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: v. Baker, 554 U.S. 471, 486 n. 5, 128 S.Ct. 2605, 171 L.Ed.2d 570 (2008) (quoting Wright et al. § 2810.1). However, entry of judgment in favor of defendant Daniele was manifest error. In its March 13 order, the court granted defendant SBR’s motion to dismiss, but SBR’s motion did not address the claims against Daniele. Therefore, when the court dismissed Plaintiffs’ complaint, it dismissed it as to defendant SBR but not as to defendant Daniele. The entry of judgment in favor of Daniele had no basis and was therefore erroneous. See Executive Software North America, Inc. v. United States District Court for Central District of California, 24 F.3d 1545, 1561 (9th Cir.1994), overruled on other grounds by California Department of Water Resources v. Powerex Corp., 533 F.3d 1087 (9th Cir.2008) (<HOLDING>). B. Motion to Dismiss under Rule 12(b)(6) In Options: A. holding that the court will review the report and recommendation for clear error B. holding that district court error was not clear error in denying petition for mandamus C. holding that the alj did not consider the vocational experts testimony on crossexamination and failed to articulate a basis for rejecting this evidence which was a basis for remand D. holding that the failure to articulate the basis for declining jurisdiction may be clear error E. holding that ajdministrative agencies must articulate a logical basis for their decisions

assistant: The best answer is D. holding that the failure to articulate the basis for declining jurisdiction may be clear error
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 auto liability line of insurance with nearly identical language to the Nationwide Auto Policy at issue here. Id. at 1274. The Domino’s auto policy' agreed to “pay all sums Domino’s is legally required to pay ‘caused by an accident’ and resulting from the ‘ownership, maintenance or use of a covered auto.’ ” Id. Just like Titan, Domino’s had selected “any auto” in the covered auto section. Id. The Ninth Circuit upheld the District Court’s holding that Domino’s auto coverage was triggered by the accident. Id. at 1272. The Ninth Circuit, citing California state law precedent, held that the employee’s personal car was a “covered auto” under the “any auto” designation in Domino’s auto policy. Id. at 1275; See Travelers Indem. Co. v. Swearinger, 169 Cal.App.3d 779, 214 Cal.Rptr. 383 (1985) (<HOLDING>). Nationwide cites Ogden v. U.S. Fid. & Guar. Options: A. recognizing application of sovereign immunity to school districts B. holding that defendants auto theft conviction could serve to support his conviction for auto theft as a class c felony and as a prior unrelated felony conviction under the habitual offender statute C. holding that a vehicle owned by a host family for a school overnight event fell under the any auto designation in the school districts auto policy D. holding the tlo standard governs school searches when school resource officers who although employed by the local police department are primarily responsible to the school district are acting in conjunction with school officials E. holding school districts had standing to bring claims against the state asserting that school financing system had become unconstitutional

assistant: The best answer is C. holding that a vehicle owned by a host family for a school overnight event fell under the any auto designation in the school districts auto policy
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: by the guardrail. When Trooper O’Connor sensed that Leach was not cooperating with him, he yelled, ‘You will answer any questions.” Leach’s request for an attorney was followed by Trooper O’Connor stating that he had a bad attitude. The motion judge addressed all of the evidence that the State argued supported a finding of reasonable and articulable suspicion: defendants’ nervous behavior, their conflicting statements, and the fallen-off gas tank. In the motion judge’s view, there were “many reasons” that could explain the “nervousness” of some of the defendants and the “conflicting statements” at 3 a.m. on the shoulder of the Turnpike. Indeed, it is a sad fact that not all persons feel comfortable in the presence of the police. State v. Tucker, 136 N.J. 158, 169, 642 A.2d 401 (1994) (<HOLDING>); State v. Kuhn, 213 N.J.Super. 275, 282, 517 Options: A. holding that dismissal of some but not all claims or parties not immediately appealable absent rule 54b certification B. holding that some federal connection to the misconduct is required C. holding that dismissal of some but not all of the defendants who had been served with complaint is not a final order D. recognizing that some city residents may not feel entirely comfortable in the presence of some if not all police is regrettable but true E. holding that proof of some or even all of the badges may not show intent

assistant: The best answer is D. recognizing that some city residents may not feel entirely comfortable in the presence of some if not all police is regrettable but true
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: you will not use ( or assist others in using ) our services in ways that : ( a ) violate , misappropriate , or infringe the rights of whatsapp , our users , or others , including privacy , publicity , intellectual property , or other proprietary rights ; ( b ) are illegal , obscene , defamatory , threatening , intimidating , harassing , hateful , racially , or ethnically offensive , or instigate or encourage conduct that would be illegal , or otherwise inappropriate , including promoting violent crimes ; ( c ) involve publishing falsehoods , misrepresentations , or misleading statements ; ( d ) impersonate someone ; ( e ) involve sending illegal or impermissible communications such as bulk messaging , auto-messaging , auto-dialing , and the like ; or ( f ) involve any non-personal use of our services unless otherwise authorized by us .

assistant: None
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: on the quantity element. The solicitor clearly understood the argument to relate to quantity, stating “we would argue that [Cain and Parkhurst] are attempting to manufactur[e] methamphetamine and the attempt to manufacture [is] more than, the theoretical yield of more than 10 grams in this case, the maximum theoretical yield is just about 17 grams.” The trial court took the motion to dismiss under advisement. Cain also focused on quantity when he made his motion for a directed verdict. He argued, Your Honor, we’d make a motion for directed verdict. The testimony has been presented that there is some type of something going on in this house, some ingredient in this house that has been identified as a meth lab with some yield. In optimal conditions, maybe, 2d 434, 437 (Ct. App. 2014) (<HOLDING>). After all the evidence had been presented, Options: A. holding that error was preserved by running objection because of defendants immediate objection to states specific question in combination with trial courts comments showing that it understood nature of defendants objection B. holding the issue was preserved when the trial court immediately appeared to understand the objection was a renewal of a previous argument C. holding an issue was preserved in part because the trial court immediately understood the basis of the objection D. holding that an issue was not preserved for appellate review because appellants trial objection does not comport with the issue he raised on appeal E. holding that although the defendant had preserved his objection to the constitutionality of a mental state requirement he had not preserved another constitutional objection

assistant: The best answer is C. holding an issue was preserved in part because the trial court immediately understood the basis of the objection
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 and other communications under this Restricted Share Agreement shall be in writing and shall be given by facsimile or first class mail, certified or registered with return receipt requested, and shall be deemed to have been duly given three days after mailing or 24 hours after transmission by facsimile to the respective parties, as follows: (i) if to the Company, at Brookdale Senior Living Inc., 111 Westwood Place, Suite 400, Brentwood, TN 37027, Facsimile: (615) 564-8204, Attn: General Counsel and (ii) if to the Participant, using the contact information on file with the Company. Either party hereto may change such party's address for notices by notice duly given pursuant hereto.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company shall have paid to the Lenders, the Agent and Arrangers all fees due and payable pursuant to the Fee Letters and Section 2.4 and any other fees required to be paid prior to or on the Closing Date in connection with the execution and delivery of this Agreement, together with all legal fees and expenses incurred by the Agent in connection with this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: At the Closing, the Shareholder shall sell, convey and deliver to Parent the Shares, free and clear of any and all claims, liens, pledges, options, charges, security interests, encumbrances or other rights of third parties, and Parent shall purchase and accept such Shares from the Shareholder for $0.0001 per share, or an aggregate purchase price of Three thousand two hundred sixty dollars ($3,260.00) (the “Purchase Price”).

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: U.S. at 623, 118 S.Ct. 1604 (internal quotation marks omitted). 50 . House v. Bell, 547 U.S. 518, 538, 126 S.Ct. 2064, 165 L.Ed.2d 1 (2006). The district court erred by framing the issue as whether a single reasonable juror would vote to convict, rather than whether any reasonable juror would have reasonable doubt. This error is easily corrected on review, even though we question whether there is a quantum of evidence that would convince one hypothetical juror but would not convince twelve hypothetical reasonable jurors. 51 . Skilling, 130 S.Ct. at 2933-34. 52 . Id. (citing Whitfield, 590 F.3d at 352-53). 53 . 590 F.3d at 347-48. 54 . See id. at 353. 55 . 590 F.3d at 353 (emphasis and internal quotation marks omitted). 56 . See United States v. Terry, 707 F.3d 607, 614 (6th Cir.2013) (<HOLDING>). 57 . We note that this challenge has little Options: A. holding that an accused may not complain if the statute of limitations is extended so long as the period of time originally provided therein had not run at the time of such extension because an accused does not acquire any vested right in a statute of limitations until it has operated to bar the prosecution of the offense with which he has been charged B. holding that bribed judge does not have the first amendment right to sell a case so long as the buyer has not picked out which case at the time of sale C. holding that the first amendment right of access applies to a summary judgment motion in a civil case D. holding that a case is not moot so long as the court can fashion some form of meaningful relief for the injured party E. holding that considering an amendment is not the time to address the merits of a case

assistant: The best answer is B. holding that bribed judge does not have the first amendment right to sell a case so long as the buyer has not picked out which case at the time of sale
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: (although they certainly may be persuasive).” Mathai v. Warren, 512 F.3d 1241, 1248 (10th Cir.2008). “For purposes of most bankruptcy proceedings, property interests are created and defined by state law. Once that state law determination is made, however, we must still look to federal bankruptcy law to resolve the extent to which that interest is property of the estate” under § 541. Parks v. FIA Card Servs., N.A., 550 F.3d 1251, 1255 (10th Cir.2008) (citations and quotations omitted); 11 U.S.C. § 541(a)(1). We first consider whether and to what extent Debtors have an interest in the SARs under Kansas law. Butner v. United States, 440 U.S. 48, 55, 99 S.Ct. 914, 59 L.Ed.2d 136 (1979); see, e.g., Williamson v. Hall, No. KS-08-088, 2009 WL 4456542, at *8 (10th Cir. BAP Dec. 4, 2009) (<HOLDING>). We then consider whether that interest Options: A. holding that a debtors interest in a tenancy by the entirety is property of the bankruptcy estate under section 541 because of debtors undivided present interests in the use possession income and right of survivorship of the property B. holding contingent prepetition property rights were sufficiently rooted in the prebankruptcy past to be part of the bankruptcy estate under 11 usc 541 C. holding that pay on death accounts were not part of the bankruptcy estate under 541 because under kansas law debtor had no property interest in the accounts until the death of the owner D. holding inmates possess a constitutionally cognizable property interest in the interest earned on money held in their prison accounts E. holding that because prisoner did not have private property interest in his prison accounts there could be no unconstitutional taking

assistant: The best answer is C. holding that pay on death accounts were not part of the bankruptcy estate under 541 because under kansas law debtor had no property interest in the accounts until the death of the owner
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 roadblock was to regulate vehicular traffic by allowing police to check drivers’ licenses and vehicle registrations.” 275 U.S.App.D.C. at 213-14, 865 F.2d at 1312-13. The court noted the importance of this finding in assessing the legality of a police traffic roadblock, observing that “[i]t is possible that a roadblock purportedly established to check licenses could be located and conducted in such a way as to indicate that its principal purpose was the detection of crimes unrelated to licensing.” Id., 865 F.2d at 1312 (emphasis in original) (citing 4 LaFave, supra, § 10.8(a) at 63-64). “Such a subterfuge might result in an infringement of Fourth Amendment rights, and some courts have so held.” Id., 865 F.2d at 1312; see also Webb v. State, 739 S.W.2d 802 (Tex.Crim.App.1987) (<HOLDING>). The first interest described by Judge Huhn is Options: A. holding that for purposes of determining whether the roadblock worked a fourth amendment seizure the controlling considerations are whether 1 the motorist was meant to be stopped by the physical obstacle of the roadblock and 2 the motorist was so stopped B. holding that a mixed motive roadblock used primarily to interdict drugs but also to check drivers licenses and registration was constitutional C. recognizing the test set forth in strickland as clearly established law for aedpa purposes D. holding unconstitutional a roadblock purportedly established to check for licenses and registrations which was in fact established for general law enforcement purposes E. holding that a fleeing motorist was not seized for fourth amendment purposes until the law enforcement officers were successful in stopping the motorist at a roadblock

assistant: The best answer is D. holding unconstitutional a roadblock purportedly established to check for licenses and registrations which was in fact established for general law enforcement purposes
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 Participant will have a vested and non-forfeitable right to the credits made under this Section, and any deemed investment gains or losses, if the Participant terminates employment with the Company and its Affiliates after having completed at least three (3) years of service. If the Participant terminates employment prior to completing three (3) years of service, the Participant’s credits under this Section, together with all deemed investment gains or losses, shall be forfeited.

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: Royal Colony of New Jersey: 1760-1769 52-53 (providing for fines as well as forfeiture and destruction of heavy steel and iron traps before “any one Magistrate or Justice of Peace”); “An Act for the more effectual Preservation of Deer in this Colony,” (passed Dec. 6, 1769), id. at 582-85 (providing for forfeiture and destruction of steel and iron traps weighing over five pounds in proceeding before magistrate or justice of peace); “An Act for the Preservation of Deer and other Game, and to prevent trespassing with Guns,” (passed Dec. 21, 1771), Paterson, supra, at 19-22 (providing that anyone who sets a trap larger than that commonly set for foxes and muskrats, shall suffer £5 fine, three month imprisonment, and forfeiture and destruction of trap in pro 00, 602, 10 A. 108 (Sup.Ct.1887) (<HOLDING>); Shivers v. Newton, 45 N.J.L. 469, 476 Options: A. holding no right to jury trial in action to recover penalty for violation of 1882 act to prevent the adulteration and to regulate the sale of milk B. holding that right to trial by jury did not attach in suit to recover penalty for violation of 1886 act to prevent deception in the sale of oleomargarine butterine or any imitation of dairy products since violation was petty offense C. holding that penalty action instituted pursuant to fish and game procedure act of 1897 did not include jury trial because it has been repeatedly held in this state that in a summary procedure for the collection of a penalty for violation of a police regulation neither party is entitled to a trial by jury D. holding a violation of the travel act E. holding that a charge of first offense dui is constitutionally petty and no right to jury trial attaches

assistant: The best answer is B. holding that right to trial by jury did not attach in suit to recover penalty for violation of 1886 act to prevent deception in the sale of oleomargarine butterine or any imitation of dairy products since violation was petty offense
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: did not waive personal jurisdiction because service had never been effectuated. Here, Myers was validly served, and to the extent valid service on Myers confers personal jurisdiction, Fisher is inapposite. More importantly, the issue of whether there is an invalid retroactive application of personal jurisdiction may involve other issues; for example, whether valid service by publication confers personal jurisdiction on the district court in the way that personal service might confer personal jurisdiction such that there is no retroactivity issue but instead, only a waiver issue. Myers did not cite Fisher or raise the issue of retroactive waiver of personal jurisdiction in either the district court or in its briefing, instead presenting the argument and authori 1138, 1140 (2002) (<HOLDING>). Because Myers’ general appearance did not Options: A. holding that an attorneys filing a notice of appearance on behalf of his or her client constitute a waiver of service of process by the client B. holding the notice of appearance was not a motion under rule 12b2 4 or 5 and therefore the filing of the notice constituted a voluntary appearance by the defendants in this action which was the equivalent of the service of the summons upon them C. holding that a defendants actual knowledge that an action is pending or that service has been attempted is not the equivalent of service of summons and will not relieve the plaintiff of its burden or vest the court with jurisdiction D. holding a general appearance constitutes voluntary submission to the personal jurisdiction of the court E. holding that defendant did not waive his special appearance by filing a motion for new trial subject to the special appearance

assistant: The best answer is B. holding the notice of appearance was not a motion under rule 12b2 4 or 5 and therefore the filing of the notice constituted a voluntary appearance by the defendants in this action which was the equivalent of the service of the summons upon them
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: enhancement “when the combination of the defendant’s actions and words would instill in a reasonable person in the position of the immediate victim (e.g., a bank teller) a greater amount of fear than necessary to commit the robbery.” Id. (citing United States v. Robinson, 86 F.3d 1197, 1202 (D.C.Cir.1996) and United States v. Murray, 65 F.3d 1161, 1167 (4th Cir.1995)). Thus, the amendment of § 2B3.1 was designed to endorse the general, objective approach taken by the Ninth Circuit in France and to reject the “cramped” requirement of “direct” threats advanced by the Eleventh Circuit. See United States v. Day, 272 F.3d 216, 220 (3d Cir.2001). Accordingly, contra n” is a threat of death under the “broad[er]” amended enhancement); United States v. Franks, 183 F.3d 335, 338 (4th Cir.1999) (<HOLDING>); United States v. Soto-Martinez, 317 F.3d 477, Options: A. holding that the statement i have a gun is a threat of death because a reasonable teller upon hearing the statement normally and reasonably would fear that his or her life is in danger B. holding that a note stating i have a gun i have nothing to lose warrants the threatofdeath enhancement because a reasonable teller would have been in fear for her life C. holding that the statement i have a gun would cause a reasonable teller to fear being shot and that the phrase i am willing to use it would make a fear of death even more likely D. holding that i have a gun is sufficient to justify the sentencing enhancement because it merely requires a teller to make the reasonable inference that a robber would use the gun he claimed to have if he did not receive the money he demanded E. holding that i have a gun merits an enhancement because a reasonable teller would believe that failure to comply would result in being fatally shot

assistant: The best answer is B. holding that a note stating i have a gun i have nothing to lose warrants the threatofdeath enhancement because a reasonable teller would have been in fear for her 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: individuals’ involvement. In Walker, the Court held that specialty automobile license plates issued by Texas were government speech over which the government could exercise editorial control. The Court cited three factors underlying its conclusion: (1) “the history ,of license plates show[ed] that ... they long ha[d] communicated messages from the States,” id. at 2248; (2) “license plate designs [we]re often closely identified in the public mind with the [State],” id. (internal quotation marks omitted); and (3) “Texas maintain[ed] control over the messages conveyed on its specialty plates,” id. at 2249. Applying a similar framework, the- Court has also found to be government speech a city’s refusal to place a private group’s permanent religious m Y., 196 F.3d 458, 468-69 (2d Cir. 1999) (<HOLDING>). In its recent decision in Matal, the Supreme Options: A. holding that an expert established a national standard of care for police officer training by testifying that police departments throughout the country commonly trained officers to deal with mentally distuibed persons and by naming several departments that offered such training B. holding the evidence supported the police officers failure to follow the directives in the montgomery county police departments field operations manual C. holding that a police departments refusal to permit police affin ity group to march in parades was not a form of government speech D. holding that fire departments are analogous to police departments in this respect E. holding that police officers criticism of his departments handling of a sniper incident was protected speech because the officer spoke in his capacity as police union president

assistant: The best answer is C. holding that a police departments refusal to permit police affin ity group to march in parades was not a form of government speech
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: Notwithstanding any provision of the Plan to the contrary, the Committee may take the foregoing actions without the consent of any Participant, and the Committee’s determination shall be conclusive and binding on all persons for all purposes.

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 legal provision and list the applicable contract clause categories. Provision: In case any one or more of the provisions contained in this Agreement shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect the validity of any other provision of this Agreement, and such provision(s) shall be deemed modified to the extent necessary to make it enforceable.

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 indemnities and insurance requirements set forth in Sections 11 and 14, respectively, will apply to Indemnitees and Lessor’s representatives during the return of the Engine, including the redelivery inspection.

assistant: Insurances