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: v. al-Kidd, - U.S. -, 131 S.Ct. 2074, 2084, 179 L.Ed.2d 1149 (2011) (internal quotation marks omitted). Hence, the Second Circuit has from time to time cited case law from other circuits to show that courts generally were divided over the lawfulness of a particular behavior, as extra support for a finding that the behavior was not clearly unlawful. See Wilkinson, 182 F.3d at 107 n. 10 (citing case law from the Eighth Circuit to support conclusion that challenged behavior was not clearly unlawful at time); see also Doninger, 642 F.3d at 350 ("Finally, our conclusion that whatever right Doninger may have had was not clearly established is buttressed by the similarities between this case and the Sixth Circuit’s decision in Lowery v. Euverard, 497 F.3d 584 (6th Cir.2007), 10th Cir.2008) (<HOLDING>); Reasonover v. St. Louis Cnty., 447 F.3d 569, Options: A. holding with respect to a general motion for directed verdict that it raised the question as to the sufficiency of the evidence on venue an essential part of the governments case internal quotation marks and citation omitted B. holding that a ruling from a prior decision of this court becomes the law of the case that cannot be challenged in a later proceeding quotation marks omitted C. holding that in the asylum context the bia must provide an individualized analysis of how changed conditions will affect the specific petitioners situation citation and internal quotation marks omitted D. holding that the challenged conduct or statement must be directed at the familial relationship with knowledge that the statements or conduct will adversely affect that relationship internal quotation marks omitted E. holding that a statute must be construed so that no part of the statute is rendered surplusage or superfluous internal quotation marks and citation omitted

assistant: The best answer is D. holding that the challenged conduct or statement must be directed at the familial relationship with knowledge that the statements or conduct will adversely affect that relationship internal quotation marks 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 case excerpt and choose the best holding from the options. Case excerpt: §§ 3231 and 3583(e). We exercise jurisdiction over Banks’s appeal pursuant to 28 U.S.C. § 1291. We review the sentencing decision of a district court for abuse of discretion, looking for procedural error and then examining the sentence for substantive reasonableness. United States v. Negroni, 638 F.3d 434, 443 (3d Cir.2011). We review a district court's factual findings regarding competency for clear error. United States v. Leggett, 162 F.3d 237, 241 (3d Cir.1998). For unpreserved issues, however, we review for plain error. Fed.R.Crim.P. 52(b). Acknowledging that the legal landscape in our circuit is unclear as to whether plain-error review applies to unpreserved challenges to competency findings and sentencing procedures, the Government encourages us to so hold. B 291 (3d Cir.2013) (<HOLDING>). But we need not decide whether a Options: A. holding that there is no constitutional right to representation by counsel at a parole revocation B. holding that there is no significant conceptual difference between the revocation of probation or parole and the revocation of supervised release C. holding that there is no federal or colorado constitutional right to postconviction counsel but there is a limited statutory right D. holding that a right to confrontation exists in parole revocation proceedings E. holding that there was no legal right to court review of parole board decision because there is no legal right to release on parole

assistant: The best answer is A. holding that there is no constitutional right to representation by counsel at a parole revocation
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 grant of PSUs shall be subject to, and shall comply with, any applicable requirements of any foreign and U.S. federal and state securities laws, rules and regulations (including, without limitation, the provisions of the Securities Act, the Exchange Act and in each case any respective rules and regulations promulgated thereunder) and any other law, rule regulation or exchange requirement applicable thereto. The Company shall not be obligated to issue the PSUs pursuant to this Agreement if any such issuance would violate any such requirements. As a condition to the settlement of the PSUs, the Company may require the Participant to satisfy any qualifications that may be necessary or appropriate to evidence compliance with any applicable law or regulation.

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 legal provision and list the applicable contract clause categories. Provision: The proceeds of Revolver Loans shall be used by Borrowers solely (a) to satisfy existing Debt; (b) to pay fees and transaction expenses associated with the closing of this credit facility; (c) to pay Obligations in accordance with this Agreement; and (d) for lawful corporate purposes of Borrowers, including working capital.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Landlord and Tenant each warrant and represent to the other that it has had no dealing with any real estate broker or agent in connection with the negotiation of this First Amendment. Except for any commission claims made by a broker claiming to represent Tenant in connection with this First Amendment, Landlord shall pay any commissions payable to any brokers pursuant to any agreement to which Landlord may be a party.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Amendment may be executed simultaneously in one or more counterparts hereof, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Facsimile signatures are permitted and shall be binding for purposes of this Amendment.

assistant: Counterparts
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: does not require a litigant to present an issue that the state court has already decided. Even if the exhaustion doctrine did require such an odd result, I would excuse Pursell’s failure to exhaust this claim because exhaustion would be futile. The Third Circuit has explained that “ ‘[f]utility’ exists where ... ‘a state’s highest court has ruled unfavorably on a claim involving facts and issues materially identical to those undergirding a federal habeas petition and there is no plausible reason to believe that a replay will persuade the court to reverse its field.’ ” Lines v. Larkins, 208 F.3d 153, 162 (3d Cir.2000) (quoting Allen v. Attorney General of Maine, 80 F.3d 569, 573 (1st Cir.1996)); see also Lynce v. Mathis, 519 U.S. 433, 436 n. 4, 117 S.Ct. 891, 137 L.Ed.2d 63 (1997) (<HOLDING>). Just such a situation is present in Options: A. holding new york could lawfully modify a florida custody decree because florida court had right under florida law to change the decree B. holding procedural error is harmless where the court would have reached the same result had the guidelines issue been decided the other way and the sentence imposed would be reasonable even if contested issue decided in defendants favor C. holding that exhaustion would have been futile because the florida supreme court previously rejected the same claim in other cases and counsel for the state had not suggested any reason why the florida courts would have decided petitioners case differently D. holding that florida courts would apply florida law to contracts insuring real property located within the state E. holding that where florida state court had not addressed choiceoflaw issues with regard to directors liability federal court could presume that florida court would follow the restatement second of conflict of laws based on the florida courts past reliance on the treatise

assistant: The best answer is C. holding that exhaustion would have been futile because the florida supreme court previously rejected the same claim in other cases and counsel for the state had not suggested any reason why the florida courts would have decided petitioners case differently
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 consents, approvals, orders and authorizations required on the part of the Company in connection with the execution, delivery or performance of this Agreement and the consummation of the transactions contemplated herein, other than for Regulation D and state blue sky filings with respect to the sale of Shares which will be made pre-closing, in states with pre-offer requirements, and post-closing in accordance with such laws, have been obtained and will be effective as of the Closing Date, provided that this representation and warranty is made in reliance on, and assuming the accuracy of, the representations and warranties of the Purchaser in Section 4 hereof to the extent that the accuracy of such representations and warranties are relevant to the determination of whether any such consent, approval, order or authorization is required.

assistant: Consents
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) Indemnitors hereby waive and relinquish (i) any right or claim of right to cause a marshaling of Indemnitors’ assets or to cause Lender or other Indemnified Parties to proceed against any of the Collateral before proceeding under this Agreement against an Indemnitor; (ii) all rights and remedies accorded by applicable law to indemnitors or guarantor, except any rights of subrogation which Indemnitor may have, provided that the indemnity provided for hereunder shall neither be contingent upon the existence of any such rights of subrogation nor subject to any claims or defenses whatsoever which may be asserted in connection with the enforcement or attempted enforcement of such subrogation rights including, without limitation, any claim that such subrogation rights were abrogated by any acts of Lender or other Indemnified Parties; (iii) the right to assert a counterclaim, other than a mandatory or compulsory counterclaim, in any action or proceeding brought against or by Lender or other Indemnified Parties; (iv) notice of acceptance hereof and of any action taken or omitted in reliance hereon; (v) presentment for payment, demand of payment, protest or notice of nonpayment or failure to perform or observe, or other proof, or notice or demand; and (vi) all homestead exemption rights against the obligations hereunder and the benefits of any statutes of limitations or repose. Notwithstanding anything to the contrary contained herein, Indemnitors hereby agree to postpone the exercise of any rights of subrogation with respect to any Collateral securing the Loan until the Loan shall have been paid in full.

assistant: Waivers
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: concurrence is not required.” Id. at 366; see Adkins v. Bordenkircher, 517 F.Supp. 390, 402 (S.D.W.Va.1981), aff'd, 674 F.2d 279, 283 (4th Cir.1982) (explaining that “courts ... [have] uniformly held that defendant need not have given personal consent to the motion terminating trial”); Jeffers v. United States, 461 F.Supp. 300, 305 (N.D.Ind.1978); State v. Engleman, 634 S.W.2d 466, 470 (Mo.1982); Poretta v. Commonwealth, 409 Mass. 763, 569 N.E.2d 794, 796 (1991) (“Following the [Supreme] Court’s ruling in Dinitz, there can be no doubt that the Federal Constitution does not condition the permissibility of retrial on the defendant’s personal, explicit assent to a mistrial motion brought by his attorney.”); People v. Ferguson, 67 N.Y.2d 383, 502 N.Y.S.2d 972, 494 N.E.2d 77, 80-82 (1986) (<HOLDING>); People v. Moore, 140 Cal.App.3d 508, 189 Options: A. holding that defense counsel validly waived a double jeopardy claim by assenting to a mistrial when defendant was not consulted or present B. holding that defense counsel validly waived a double jeopardy claim by assenting to a mistrial after defendant was found incompetent to stand trial in the midst of trial C. holding that if defendant moved for or consented to mistrial retrial of defendant was not barred on double jeopardy grounds D. holding that defendant waived double jeopardy claim by obtaining severance of charges at first trial E. holding double jeopardy did not bar retrial where a jury could not render a verdict and a mistrial was granted

assistant: The best answer is A. holding that defense counsel validly waived a double jeopardy claim by assenting to a mistrial when defendant was not consulted or present
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: International Airport, continue to enjoy the right to join labor organizations and to engage in collective bargaining.” 5 . Specifically, the defendants state: Compare Compl. in Loy I at 6 para. (2) (requesting an order '[djeclaring that the directive issued by Under Secretary Loy prohibiting airport screeners from engaging in collective bargaining or form being represented by an organization for the purpose of engaging in such bargaining deprives plaintiffs of ar that such speech deals with individual personnel disputes and grievances and that the information would be of no relevance to the public's evaluation of the performance of governmental agencies.” Id. (quoting McKinley, 705 F.2d at 1114); see Connick v. Myers, 461 U.S. 138, 147-49, 103 S.Ct. 1684, 75 L.Ed.2d 708 (1983) (<HOLDING>). 8 . In particular, the plaintiffs point out Options: A. holding that if the speech in question does not address a matter of public concern there is no first amendment violation B. holding that the absence of a motivating desire to address a matter of public concern was not dispositive as to whether the speech addressed a matter of public concern C. holding public employees conduct and expression in internal investigation of employees at county prosecutors office to expose potential wrongdoing constituted matter of public concern D. holding that the plaintiffs speech was not a matter of public concern because it did not bring to light actual or potential wrongdoing or breach of public trust on the part of the defendant and others E. recognizing the need to balance the states interest in fulfilling its responsibilities to the public the extent to which the speech in question involves a matter of public concern and the manner time place and context of the speech

assistant: The best answer is D. holding that the plaintiffs speech was not a matter of public concern because it did not bring to light actual or potential wrongdoing or breach of public trust on the part of the defendant and others
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 agrees to indemnify, defend and hold harmless the Lender from and against any and all liabilities, claims, damages, penalties, expenditures, losses or charges, including, but not limited to, all costs of investigation, monitoring, legal representation, remedial response, removal, restoration or permit acquisition of any kind whatsoever, which may now or in the future be undertaken, suffered, paid, awarded, assessed, or otherwise incurred by the Lender (or any other Person affiliated with the Lender or representing or acting for the Lender or at the Lender’s behest, or with a claim on the Lender or to whom the Lender has liability or responsibility of any sort related to this Section 13.3) relating to, resulting from or arising out of (a) the use of the Improvements for the storage, treatment, generation, transportation, processing, handling, production or disposal of any Hazardous Substance or as a landfill or other waste disposal site, (b) the presence of any Hazardous Substance or a Release or the threat of a Release of any Hazardous Substance on, at or from the Improvements, (c) the failure to promptly undertake and diligently pursue to completion all necessary, appropriate and legally authorized investigative, containment, removal, clean up and other remedial actions with respect to a Release or the threat of a Release of any Hazardous Substance on, at or from the Improvements, (d) human exposure to any Hazardous Substance, noises, vibrations or nuisances of whatever kind to the extent the same arise from the condition of the Improvements or the ownership, use, operation, sale, transfer or conveyance thereof, (e) a violation of any applicable Environmental Law, (f) non-compliance with any Environmental Permit or (g) a material misrepresentation or inaccuracy in any representation or warranty or a material breach of or failure to perform any covenant made by Borrower in this Agreement; provided, however, that the Borrower shall not be liable to any indemnified party for such claims, damages, liabilities, and expenses resulting from such indemnified party’s own gross negligence or willful misconduct. Such costs or other liabilities incurred by the Lender, or other Person described in this Section 13.3 shall be deemed to include, without limitation, any sums which the Lender deems it necessary or desirable to expend to protect the Lender’s security interests and liens.

assistant: Indemnity
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 the event that any provision of this Security Agreement becomes or is declared by a court of competent jurisdiction to be illegal, unenforceable or void, this Security Agreement shall continue in full force and effect without said provision; provided , that in such case the parties shall negotiate in good faith to replace such provision with a new provision which is not illegal, unenforceable or void, as long as such new provision does not materially change the economic benefits of this Security Agreement to the parties.

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 case excerpt and choose the best holding from the options. Case excerpt: offered no evidence to dispute the inmate’s testimony that hand-delivery was an encouraged alternative to use of the lockbox. As we explained, prison officials who “encourage, or even invite, noncompliance with written procedure” cannot then turn around and use the deviation as evidence of a failure to exhaust. Id. In reaching this conclusion, we joined other circuits which have held that prison officials will be bound by their oral representations to inmates concerning compliance with the grievance process. See Brown v. Valoff, 422 F.3d 926, 937 (9th Cir.2005) (stating that information prison officials provided to prisoner about grievance procedures was relevant in deciding whether available administrative remedies had been exhausted); Brown v. Croak, 312 F.3d 109, 112 (3d Cir.2002) (<HOLDING>). Mr. Pavey’s situation is similar; even if the Options: A. holding that a prison officials failure to follow the prisons own policies procedures and regulations does not constitute a violation of due process if constitutional minima are nevertheless met B. holding that plaintiffs failure to exhaust available grievance procedures does not bar her title vii claims C. holding that prisoners noncompliance with written grievance procedures did not constitute a failure to exhaust since prison officials had told him that written procedures were not accurate D. holding that the plra mandates that prisoners exhaust internal prison grievance procedures before filing suit emphasis added E. holding that a prisoner failed to exhaust his administrative remedies when he did not utilize grievance procedures that permitted waiver of the time limit for good cause

assistant: The best answer is C. holding that prisoners noncompliance with written grievance procedures did not constitute a failure to exhaust since prison officials had told him that written procedures were not accurate
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: EACH PARTY HERETO HEREBY IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY OTHER LOAN DOCUMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY (WHETHER BASED ON CONTRACT, TORT OR ANY OTHER THEORY). EACH PARTY HERETO (A) CERTIFIES THAT NO REPRESENTATIVE, AGENT OR ATTORNEY OF ANY OTHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PARTY WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE THE FOREGOING WAIVER AND (B) ACKNOWLEDGES THAT IT AND THE OTHER PARTIES HERETO HAVE BEEN INDUCED TO ENTER INTO THIS AGREEMENT AND THE OTHER LOAN DOCUMENTS BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION 9.10.

assistant: Waiver Of Jury Trials
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: viber reserves the right to modify or discontinue , temporarily or permanently , all or any part of this service and/or any software , facilities , and services on this service , with or without notice and/or to establish general guidelines and limitations on their use .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Without limiting Buyer’s remedies for Title Defects set forth in this Article XIII , Seller makes no warranty or representation, express, implied, statutory or otherwise, with respect to title to any of the Assets and, Buyer acknowledges and agrees that Buyer’s sole remedy for any defect of title, including any Title Defect, with respect to any of the Assets (i) before Closing, shall be as set forth in Section 13.2 and (ii) after Closing, shall be pursuant to the special warranty of Defensible Title to the Wells and Leases contained in the Assignments.

assistant: Representations
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 Release, the Agreement, and the documents referenced therein contain the entire agreement between Gehring and the Company, and take priority over any other written or oral understanding or agreement that may have existed in the past. Gehring acknowledges that no other promises or agreements have been offered for this Release (other than those described above) and that no other promises or agreements will be binding unless they are in writing and signed by Gehring and the Company.

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 legal provision and list the applicable contract clause categories. Provision: Each of the Company and each Subsidiary has good record and marketable title in fee simple to, or valid leasehold interests in, all real property necessary or used in the ordinary conduct of its business, except for such defects in title as could not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect. The property of the Company and its Subsidiaries is subject to no Liens, other than Liens permitted by Section 6.01.

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 case excerpt and choose the best holding from the options. Case excerpt: judicial review because it mandates an administrative dispute process. DISCUSSION A complaint fails to state a claim upon which relief may be granted when the facts asserted do not entitle plaintiff to a legal remedy. Perez v. United States, 156 F.3d 1366, 1370 (Fed.Cir.1998). See also Bell Atlantic Corp. v. Twombly, 550 U.S. 544,-, 127 S.Ct. 1955, 1965, 167 L.Ed.2d 929 (2007) (stating that “[fjactual allegations must be enough to raise a right to relief above the speculative level ... on the assumption that all the allegations in the complaint are true (even if doubtful in fact)”). Defendant contends that plaintiff fails to state a claim because the settlement agreement does not provide money damages for its breach. See Ransom v. United States, 900 F.2d 242, 244 (Fed.Cir.1990) (<HOLDING>); Phillips v. United States, 77 Fed.Cl. 513, Options: A. holding that a contract must entitle the plaintiff to money damages in the event of the governments breach of that contract B. recognizing that the elements of a claim for breach of contract are 1 existence of a valid contract and 2 breach of the terms of that contract C. holding that trial court erred by dismissing breach of contract claim because appellee made promises to perform specific acts in contract the breach of which would give rise to a breach of contract action D. holding that the measure of damages for the breach of a contract of sale where no fraud is shown is the difference between the contract price and the market price of the goods on the date of the breach E. holding that where there was a breach of contract accompanied by aggravating factors that it was proper to treble the breach of contract damages

assistant: The best answer is A. holding that a contract must entitle the plaintiff to money damages in the event of the governments breach of that contract
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: During the Term hereof and thereafter, the Executive shall cooperate with the Company in any disputes with third parties, internal investigations or administrative, regulatory or judicial proceedings as reasonably requested by the Company and at the Company’s sole cost and expense (including, without limitation, the Executive being available to the Company upon reasonable notice for interviews and factual investigations, at times and on schedules that are reasonably consistent with the Executive’s other permitted activities and commitments).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Executive represents and warrants that (a) the Executive is not subject to any contract, arrangement, policy or understanding, or to any statute, governmental rule or regulation, that in any way limits the Executive’s ability to enter into and fully perform the Executive’s obligations under this Agreement and (b) the Executive is not otherwise unable to enter into and fully perform the Executive’s obligations under this Agreement. In the event of a breach of any representation in this Section 5, the Company may terminate this Agreement and the Executive’s employment with the Company without any liability to the Executive and the Executive shall indemnify the Company for any liability it may incur as a result of any such breach.

assistant: Representations
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: displays the painting with nothing to explain its significance or meaning. The court cannot impute complete knowledge of the artist’s theme to the average observer of the painting. See Harris v. City of Zion, 729 F.Supp. 1242, 1250 (N.D.Ill.1990) (refusing to impute knowledge of the city’s history to the average observer in declaring unconstitutional the city’s seal displaying the cross). The court, therefore, finds that an average observer would perceive the central figure in Martin’s painting to . represent the Crucifixion of Jesus Christ. Were this a case of the Crucifixion standing alone, the inquiry would end here. There is abundant case law holding unconstitutional the prominent display of a cross without any detracting features. See, e.g., City of St. Charles, 794 F.2d 265 (<HOLDING>); see also Friedman v. Bd. of County Comm’rs of Options: A. recognizing that plaintiffs standing to challenge public display of a cross was accepted in prior lowercourt decision B. holding that the display of a creche as a part of a public christmas display depicts the historical origins of this traditional event long recognized as a national holiday C. holding that plaintiffs have standing to challenge the constitutionality of the presence of a cross in a city park even though the cross was neither erected nor financially maintained by the government D. holding impermissible the prominent display of a cross on a public building E. holding that the display of a privately sponsored creche on the staircase of the courthouse violated the establishment clause because the display actually favored sectarian religious expression

assistant: The best answer is D. holding impermissible the prominent display of a cross on a public building
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 provisions of Section 2.08(b), (i) each Eurodollar Rate Loan under the Revolving Facility shall bear interest on the outstanding principal amount thereof for each Interest Period from the applicable borrowing date at a rate per annum equal to the Eurodollar Rate for such Interest Period plus the Applicable Rate for the Revolving Facility; (ii) each Base Rate Loan under the Revolving Facility shall bear interest on the outstanding principal amount thereof from the applicable borrowing date at a rate per annum equal to the Base Rate plus the Applicable Rate for the Revolving Facility; and (iii) each Swingline Loan shall bear interest on the outstanding principal amount thereof from the applicable borrowing date at a rate per annum equal to the Base Rate plus the Applicable Rate for the Revolving Facility. To the extent that any calculation of interest or any fee required to be paid under this Agreement shall be based on (or result in) a calculation that is less than zero, such calculation shall be deemed zero for purposes of this Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: no evidence that the management agent or any of its employees filed the appropriate information with the Licensing Board as required by statute. Because no reasonable jury could find that Defendants met the requirements for exemption, the Court finds that Defendants violated the MCALA by failing to register with the Licensing Board prior to engaging in debt collection activities. Despite the' MCALA violation by the management agent and its employees, Plaintiffs claims under the MCALA (Counts XXII-XXIII) fail as pled and argued by Plaintiff because the MCALA does not give rise to a private right of action. See id. § 7-401; see also Bradshaw, 765 F.Supp.2d at 727-28. Violations of the MCALA may, however, support a cause of action under the FDCPA. See Bradshaw, 765 F.Supp.2d at 729, 732 (<HOLDING>). In Plaintiffs Second Amended Complaint, ¶ 52, Options: A. holding that there was no federal subject matter jurisdiction under the private cause of action provision of the act B. holding as a matter of first impression that a violation of the mcala may in some cases support a cause of action under the fdcpa C. recognizing the cause of action D. holding that the elements of a cause of action were not subject matter jurisdictional simply because the statute that created the cause of action provided that district courts shall have jurisdiction of such actions E. recognizing cause of action

assistant: The best answer is B. holding as a matter of first impression that a violation of the mcala may in some cases support a cause of action under the fdcpa
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 Subsidiary has properly filed all federal, foreign, state, local, and other tax returns and reports which are required to be filed by it, which returns and reports were properly completed and are true and correct in all material respects, and all taxes, interest, and penalties due and owing have been timely paid. There are no outstanding waivers or extensions of time with respect to the assessment or audit of any tax or tax return of the Company or any Subsidiary, or claims now pending or matters under discussion between the Company and any taxing authority in respect of any tax of the Company. The Company has no material uncertain tax positions pursuant to FASB Accounting Standards Codification Topic 740, Income Taxes .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Notices under this Agreement shall be in writing and shall be deemed to have been duly given (i) when personally delivered, (ii) when forwarded by Federal Express, Airborne, or another private carrier which maintains records showing delivery information, (iii) when sent via facsimile but only if a written facsimile acknowledgment of receipt is received by the sending party, or (iv) when placed in the United States Mail and forwarded by registered or certified mail, return receipt requested, postage prepaid, addressed to the party to whom such notice is being given or such other address as furnished to the Company from time to time for this purpose.

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: as dictum, we are obligated “ ‘to accord great deference to Supreme Court dicta,’ absent a change in the legal landscape.” Newdow v. Peterson, 753 F.3d 105, 108 n.3 (2d Cir. 2014) (quoting United States v. Colasuonno, 697 F.3d 164, 179 (2d Cir. 2012)). Harris has demonstrated no such change, and certainly none warranting a plain error conclusion. See United States v. Wagner-Dano, 679 F.3d 83, 94 (2d Cir. 2012) (“‘The burden of establishing entitlement to relief for plain error is on the defendant claiming it.’ ” (brackets omitted) (quoting United States v. Dominguez Benitez, 542 U.S. 74, 82, 124 S.Ct. 2333, 159 L.Ed.2d 157 (2004))). If anything, the post-Johnson landscape in this circuit suggests the contrary. See, e.g., United States v. Parisi, 821 F.3d 343, 347-48 (2d Cir. 2016) (<HOLDING>); United States v. Vargas, 564 F.3d 618, 623-24 Options: A. holding that change of circumstances is not prerequisite to additional 3583e2 modification B. recognizing that injury is a prerequisite to liability C. holding that a coa is a jurisdictional prerequisite D. holding that a showing of a change in circumstances that is or is likely to be beneficial to the child may also warrant a change in custody E. holding that a custodial parents move to a foreign state without more is not a substantial change of circumstances that would support a modification of custody

assistant: The best answer is A. holding that change of circumstances is not prerequisite to additional 3583e2 modification
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: expressed in the Act, warrants further discussion. We first note that the Act is not authoritative for state criminal proceedings. State ex rel. Tuller v. Crawford, 211 S.W.3d 676, 679 (Mo.Ct.App.2007) (noting that 18 U.S.C.A. § 3509(m) is a procedural provision solely applicable to proceedings in the federal court). Moreover, when the question has arisen in state courts as to whether the defense counsel, when possessing child pornography in connection with preparing a defense, could be prosecuted for violation of the Act, the courts have held that the Act did not permit such prosecution. State v. Allen, No. E2007-01018-CCA-R3-CD, 2009 WL 348555 at 6-7, 2009 Tenn.Crim.App. LEXIS 114 at 17-18 (Tenn.Crim.App. Feb. 12, 2009) ; State v. Brady, 119 Ohio St.3d 375, 894 N.E.2d 671, 679 (2008) (<HOLDING>), cert. denied, — U.S.-, 129 S.Ct. 2389, 173 Options: A. holding that a defendant not only has a right to be examined by an expert but also has the right to have an expert appointed to assist him in his defense B. holding hood had ample opportunity to advance his defense theory before the jury in other ways C. holding that unpleaded affirmative defense was properly considered by the district court where plaintiff had notice of the defense and an opportunity to respond D. holding that the act allowed for ample opportunity for inspection by a defense expert E. holding that the district court did not abuse its discretion in allowing plaintiffs expert witness to testify when it also allowed defendants expert witness who disputed the methodology used by plaintiffs expert to testify

assistant: The best answer is D. holding that the act allowed for ample opportunity for inspection by a defense expert
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The parties agree to execute any further instruments and to take any further action as may reasonably be necessary to carry out the intent of this Agreement. Executive’s obligations under this Agreement are of a unique character that gives them particular value; Executive’s breach of any of such obligations will result in irreparable and continuing damage to the Company. The Company will be entitled to injunctive relief and/or a decree for specific performance, without the necessity of showing any actual damages or that money damages would not afford an adequate remedy, and without the necessity of posting any bond or other security. Any equitable relief shall be in addition to, not in lieu of, legal remedies, monetary damages or other available forms of relief.

assistant: Specific Performance
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 Guaranty shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors, permitted assigns, heirs and legal representatives. Lender shall have the right to assign or transfer its rights under this Guaranty in connection with any assignment of the Loan and the Loan Documents (and Lender shall endeavor to provide Guarantor with notice of any such assignment or transfer, provided, however that any failure on the part of Lender to provide such notice shall not affect the viability of such assignment or transfer nor relieve Guarantor of its obligations and liabilities hereunder). Any assignee or transferee of Lender shall be entitled to all the benefits afforded to Lender under this Guaranty. Guarantor shall not have the right to assign or transfer its rights or obligations under this Guaranty without the prior written consent of Lender, and any attempted assignment without such consent shall be null and void.

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 case excerpt and choose the best holding from the options. Case excerpt: 1083 (“If we deny fees, the Church will pay the fees. If we award fees, [the Government] will pay the fees. The Church is the beneficiary of any award of fees, not the individual appellants, and thus the Church can fairly be characterized as the real party in interest.”). But since the Church had more than 600 employees, it was barred from receiving an award of litigation costs under Section 2412(d)(2)(B) of the EAJA, despite the other named plaintiffs being individuals with a net-worth below the statutory threshold. Id. at 1092. In this case, however, BASR is obligated to pay the litigation costs under Texas law and therefore is the “real-party-in-interest” with respect to the litigation costs, if the court-awarded litigation costs are denied. See Unification Church, 762 F.2d at 1082 (<HOLDING>). For these reasons, the court has determined Options: A. holding that public policy considerations require that the burden be placed on the attorney to provide for allocation of courtawarded attorneys fees in the contingent fee agreement B. recognizing that the party seeking attorney fees bears the burden of proving entitlement to those fees C. holding that each plaintiff is liable for fees if he would have been entitled to his fees if he had prevailed D. holding that where a state statute provides for the award of attorneys fees those fees can be considered as part of the amount in controversy for the purpose of determining federal diversity jurisdiction E. holding that the court shall consider only the qualification of those parties that will be themselves liable for fees if courtawarded fees are denied

assistant: The best answer is E. holding that the court shall consider only the qualification of those parties that will be themselves liable for fees if courtawarded fees are denied
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: On the Closing Date, upon the terms and subject to the conditions set forth herein, substantially concurrent with the execution and delivery of this Agreement by the parties hereto, the Company agrees to sell, and the Purchasers, severally and not jointly, agree to purchase, up to an aggregate of $3,055,500 of Shares and/or shares of Preferred Stock with an aggregate Stated Value for each Purchaser equal to such Purchaser’s Subscription Amount as set forth on the signature page hereto executed by such Purchaser, and Warrants as determined by pursuant to Section 2.2(a). Notwithstanding anything herein to the contrary, in the event that a Purchaser’s Subscription Amount (together with such Purchaser’s Affiliates, and any Person acting as a group together with such Purchaser or any of such Purchaser’s Affiliates) would cause such Purchaser’s beneficial ownership of the Common Stock to exceed 19.99% of the issued and outstanding shares of Common Stock, in lieu of Shares in excess of such amount, such Purchaser shall be issued shares of Preferred Stock as determined pursuant to Section 2.2(a)(iv). Each Purchaser’s Subscription Amount set forth on the signature page hereto executed by such Purchaser shall be made available for “Delivery Versus Payment” settlement with the Company. The Company shall deliver to each Purchaser its respective Shares and a Warrant as determined pursuant to Section 2.2(a), and the Company and each Purchaser shall deliver the other items set forth in Section 2.2 deliverable at the Closing. The obligations of each Purchaser to close the transactions contemplated hereunder are subject to there having been no Material Adverse Effect or a delisting of the Company’s Common Stock from the Nasdaq Capital Market on or prior to the Closing Date.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: because the use of a firearm is an essential element of the crime. Lareau v. State, 573 So.2d 813, 815 (Fla.1991); Dozier v. State, 677 So.2d 1352, 1353 (Fla. 2d DCA 1996). However, because the jury made special findings that Jacobs had discharged a firearm during the commission of the aggravated battery and caused great bodily harm, we hold that the trial court properly imposed a minimum sentence pursuant to section 775.087(2)(a)(3). Even though the aggravated battery conviction must properly be classified as a second-degree felony, subsection (2)(a)(3) directs that “the convicted person shall be sentenced to a minimum term of imprisonment of not less than 25 years and not more than a term of imprisonment of life in prison.” See Inmon v. State, 932 So.2d 518, 520 (Fla. 4th DCA 2006) (<HOLDING>). Accordingly we reverse in part, affirm in Options: A. holding that when no statutory exception applies the district court lacks the authority to impose a sentence less than the statutory mandatory minimum B. holding where the statutory minimum sentence exceeds the guidelines sentence a substantialassistance downward departure begins at the mandatory minimum sentence C. holding that even where evidence regarding the use of a firearm is unrebutted to impose mandatory minimum sentence a jury must make that finding D. holding that even if the minimum mandatory exceeds the statutory maximum the court must impose the minimum mandatory E. holding that a district court commits reversible error when it sentences a defendant to less than the statutory minimum where no exception to the mandatory minimum applies

assistant: The best answer is D. holding that even if the minimum mandatory exceeds the statutory maximum the court must impose the minimum mandatory