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: since on their face the benefit of the Amendments inure to the state and not the consumer), but also a political statement of condemnation on the designated countries, particularly the Republic of Cuba. See Faculty Senate of Florida International University, 574 F.Supp.2d at 1848 (finding that the fact the Act restricts the use of “non-state” funds, as well as state funds used to administer non-state funds, demonstrates the law is more than just a state spending decision, but a political statement); Miami Light Project, 97 F.Supp.2d at 1180 (stating that because the “stated purpose of [a county ordinance was] to protest and condemn Cuba’s totalitarian regime,” it was outside the scope of the county’s power); see also Tayyari v. N.M. State Univ., 495 F.Supp. 1365, 1879-80 (D.N.M.1980) (<HOLDING>). Indeed, the Sponsor of the Travel Act Options: A. holding the request to represent oneself to be untimely because it was made only after a motion for substitute counsel and new trial was denied B. holding that a university regulation entitled the substitute motion which denied admission or readmission iranian students to new mexico state university was unconstitutional because the true purpose in enacting the substitute motion was to make a political statement C. holding that the university was not a political subdivision of the state because it had no power to tax or cause taxes to be levied D. holding that the challenge to a university regulation was moot because the regulation had been substantially amended E. holding state university is not a person under 1983

assistant: The best answer is B. holding that a university regulation entitled the substitute motion which denied admission or readmission iranian students to new mexico state university was unconstitutional because the true purpose in enacting the substitute motion was to make a political statement
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 base salary of $200,000.00 (the “Base Salary”), such Base Salary to commence on the Start Date and shall be payable in periodic equal installments in accordance with the normal payroll practices of the Company, but in no event less often than monthly. The Executive’s Base Salary will be subject to modification during the Executive’s employment in accordance with the Company’s practices, policies, and procedures but will not be reduced without Executive’s mutual agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed in counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument. Signature by facsimile or PDF shall be treated as an original signature and has the same binding legal effect.

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 legal provision and list the applicable contract clause categories. Provision: The Administrative Agent shall have received a counterpart of this Consent which shall have been executed by the Administrative Agent, the Issuing Lender, the Majority Lenders, the Company, and the Guarantors (which may be by telecopy or PDF transmission).

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: As a material inducement for Lender to enter into this Agreement, the Credit Parties agree to defend, protect, indemnify and hold harmless Lender, and its parent companies, Subsidiaries, Affiliates, divisions, and their respective attorneys, officers, directors, agents, shareholders, members, partners, employees, and representatives, and the predecessors, successors, assigns, personal representatives, heirs and executors of each of them (including those retained in connection with the transactions contemplated by this Agreement) (each, a " Lender Indemnitee " and collectively, the " Lender Indemnitees ") from and against any and all liabilities, obligations, losses, damages, penalties, actions, judgments, Proceedings, suits, claims, costs, expenses and distributions of any kind or nature (including the disbursements and the reasonable fees of counsel and paralegals for each Lender Indemnitee thereto throughout all trial and appellate levels, bankruptcy Proceedings, mediations, arbitrations, administrative hearings and at all other levels and tribunals), which may be imposed on, incurred by, or asserted against, any Lender Indemnitee (whether direct, indirect or consequential and whether based on any federal, state or local laws or regulations, including securities, Environmental Laws and commercial laws and regulations, under common law or in equity, or based on contract, tort, or otherwise) in any manner relating to or arising out of this Agreement or any of the Loan Documents, or any act, event or transaction related or attendant thereto, the preparation, execution and delivery of this Agreement and the Loan Documents, including the making or issuance and management of the Loans, the use or intended use of the proceeds of the Loans, the enforcement of Lender's rights and remedies under this Agreement, the Loan Documents, the Revolving Note, any other instruments and documents delivered hereunder, or under any other agreement between Borrower and Lender. To the extent that the undertaking to indemnify set forth in the preceding sentence may be unenforceable because it violates any law or public policy, the Credit Parties shall satisfy such undertaking to the maximum extent permitted by applicable law. Any liability, obligation, loss, damage, penalty, cost or expense covered by this indemnity shall be paid to each Lender Indemnitee on demand, and, failing prompt payment, shall, together with interest thereon at the Default Rate from the date incurred by each Lender Indemnitee until paid by Borrower, be added to the Obligations of Borrower and be secured by the Collateral. The provisions of this Section shall survive the satisfaction and payment of the other Obligations and the termination of this Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: not determinative of the outcome of the case, we will use the earlier date of June 2012 as the date of filing the petition. 4 . The effective date provision of Minn.Stat. § 590.01, subd. 4, allowed a "person whose conviction became final ... to file a petition for postconviction relief.” Act of June 2, 2005, ch. 136, art. 14, § 13, 2005 Minn. Laws 901, 1097-98. 5 . Moreover, federal courts have held that a voluntary dismissal of a direct appeal brings the direct appeal to an end. See United States v. Outen, 286 F.3d 622, 631 (2d Cir.2002) (explaining that "withdrawal of an appeal is an expression of the intent of the parties (principally, of course, the appellant) not to pursue the appeal any further and brings the appeal to an end”); White v. Klitzkie, 281 F.3d 920, 923 (9th Cir.2002) (<HOLDING>). 6 . Specifically, subdivision 4(b) permits a Options: A. holding that the statute of limitations period begins to run when the allegedly discriminatory pension plan is applied to the plaintiffs and leaving determination of the actual date the statute begins to run on each claim to the district court B. holding that the statute of limitations begins to run on the date the alleged malpractice is discovered C. holding that the oneyear statute of limitations for filing a habeas petition under the antiterrorism and effective death penalty act of 1996 is not jurisdictional D. holding that the oneyear statute of limitations under the antiterrorism and effective death penalty act aedpa begins to run on the date a prisoner dismisses his direct appeal because his conviction is then final E. holding that the oneyear period begins to run when the mandate of the court of appeals issues

assistant: The best answer is D. holding that the oneyear statute of limitations under the antiterrorism and effective death penalty act aedpa begins to run on the date a prisoner dismisses his direct appeal because his conviction is then final
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: meaning and may be interpreted according to its common usage. See Denton, 911 S.W.2d at 389 (approving of lower court’s reliance on the “plain meaning” of the statutorily undefined term in assessing the sufficiency of the evidence); Capps v. State, 171 Tex.Crim. 579, 352 S.W.2d 833, 835 (1962) (explaining that the statutory language, including the term “operate,” consists of “ordinary English words which are commonly and ordinarily understood by people generally, hence the court was not required to define them.”). Therefore, nothing in our case law suggests that a risk exists that jurors may arbitrarily apply an inaccurate definition to the term “operate” or that an express definition is required to assure a fair understanding of the evidence. Compare Medford, 13 S.W.3d at 772 (<HOLDING>). The court of appeals correctly noted that Options: A. holding that a lawful custodial arrest is a prerequisite to a search since the arrest is the authority of law justifying the search B. holding that arrest is a technical term possessing a long established history in the common law and it would be inappropriate if jurors arbitrarily applied their personal definitions of arrest C. holding a defendants response to even an invalid arrest may constitute independent grounds for arrest D. holding avoiding arrest is not the same as resisting arrest E. holding that claims for false arrest and imprisonment under 1983 accrue at the time of the arrest

assistant: The best answer is B. holding that arrest is a technical term possessing a long established history in the common law and it would be inappropriate if jurors arbitrarily applied their personal definitions of arrest
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 the Eighth Circuit held in Oswald v. Gammon, “The petitioner must make a threshold showing of actual innocence to warrant a hearing. The timing of the submission is relevant, as is the likely credibility of the affiants.” 51 F.3d 277, 1995 WL 133543, *1, No. 94-3044, 1995 U.S.App. LEXIS 6229, at *3 (8th Cir.1995) (quotation marks and citation omitted). In a separate case, that court elaborated that our “confidence in the outcome of [the petitioner’s] state trial” must be “undermined” before he is entitled to a hearing “for the purpose of developing the evidence needed to pass his proeedurally defaulted habeas claims through the actual innocence gateway.” Davis v. Gammon, 27 Fed.Appx. 715, 717 (8th Cir.2001); see also Patterson v. Bartlett, 56 Fed.Appx. 762, 764 (9th Cir.2002) (<HOLDING>). Our confidence in Sibley’s guilt remains Options: A. holding that the supreme court does not require an evidentiary hearing in every case B. holding that a district court did not abuse its discretion in failing to grant an evidentiary hearing to a habeas petitioner claiming actual innocence because it is unlikely that an evidentiary hearing on the allegations con tained in the affidavits would produce the sort of reliable evidence of actual innocence that schlup demands C. holding that there is no need for an evidentiary hearing when the petitioners habeas submissions demonstrate that the petitioner is conclusively entitled to relief in such circumstances an evidentiary hearing would be a waste of judicial resources D. holding that petitioner was not entitled to an evidentiary hearing under section 2254e2 on whether his trial counsel was ineffective in failing to seek a fitness hearing E. holding that the district court did not abuse its discretion by declining to grant the defendant an evidentiary hearing because the defendant failed to proffer any evidence that his trial counsel rendered ineffective assistance

assistant: The best answer is B. holding that a district court did not abuse its discretion in failing to grant an evidentiary hearing to a habeas petitioner claiming actual innocence because it is unlikely that an evidentiary hearing on the allegations con tained in the affidavits would produce the sort of reliable evidence of actual innocence that schlup demands
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) Except as otherwise expressly permitted in this Section 29, Tenant shall not sell, assign, transfer, hypothecate, mortgage, encumber, grant concessions or licenses, sublet, or otherwise dispose of any interest in this Lease or the Premises, by operation of law or otherwise, without the prior written consent of Landlord., which consent shall not be unreasonable withheld, delayed or conditioned. Any consent granted by Landlord in any instance shall not be construed to constitute a consent with respect to any other instance or request. If the Premises or any part thereof should be sublet, used, or occupied by anyone other than Tenant, or if this Lease should be assigned by Tenant, Landlord shall have the right to collect rent from the assignee, subtenant, user or occupant, but no such assignment, subletting, use, occupancy or collection shall be deemed a waiver of any of Landlord’s rights under the provisions of this Section, a waiver of any of Tenant’s covenants contained in this Section, the acceptance of the assignee, subtenant, user or occupant as tenant, or a release of Tenant from further performance by Tenant of Tenant’s obligations under the Lease.

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: This letter, together with the other documents and agreements referenced herein, sets forth all of the terms of your employment with the Company, and supersedes any prior representations or agreements including, but not limited to, any representations made during your recruitment, interviews or pre-employment negotiations, whether written or oral. This letter may not be modified or amended except by a written agreement signed by the Company and you. This offer of employment will terminate if it is not accepted, signed and returned by close of business on February 8, 2019.

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: by Kaigler is whether the illegality of a stop during which a suspect allegedly commits resisting with violence and battery of a law enforcement officer causes a failure of the statutory elements just noted. Our own precedent answers the question in the negative and requires us to affirm Kaigler’s convictions. See Nesmith v. State, 616 So.2d 170, 171-72 (Fla. 2d DCA 1993) (“The use of force in resisting arrest by a person reasonably known to be a law enforcement officer is unlawful notwithstanding the technical illegality of the arrest.”); see also Lang v. State, 826 So.2d 433, 435 (Fla. 2d DCA 2002) (in dicta, extending the Nesmith principle to illegal stops). Other district courts of appeal have ruled similarly. See, e.g., Perry v. State, 846 So.2d 684, 589 (Fla. 4th DCA 2003) (<HOLDING>), review granted, 894 So.2d 971 (Fla.2005); Options: A. holding that resisting arrest is lesser offense of assault on an officer B. holding that an officers noncompliance with the strip search statute was not a defense to resisting an officer with violence C. holding that juveniles flight from the scene of an automobile theft when ordered by police officers to stop was insufficient to support resisting arrest without violence D. holding that strip search incident to arrest was not per se unreasonable but holding that search was performed in an unreasonable manner when conducted in view of the public E. holding that an officer could be held liable for failing to intervene in preventing an unlawful strip search

assistant: The best answer is B. holding that an officers noncompliance with the strip search statute was not a defense to resisting an officer with violence
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: From and after the Effective Date, this Employment Agreement constitutes the entire agreement between the parties hereto, and supersede all prior representations, agreements and understandings (including any prior course of dealings), both written and oral, between the parties hereto with respect to the subject matter hereof.

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: 997 F.2d 335, 338 (7th Cir.1993) (a presumption exists that a mailing is received where there is "proof of procedures followed in the regular course of operations which give rise to a strong inference that the [correspondence] was properly addressed and mailed”). In any event, on appeal Boomer does not claim that the CSA did not constitute an offer because he did not receive the CSA mailing. 6 . While Boomer challenges the validity of the CSA’s provision concerning the right to attorney’s fees and the clause prohibiting the use of a class action, because we conclude that arbitration is required, these other challenges must be decided by the arbitrator in the first instance. Metro East, 294 F.3d at 929. See also Larry’s United Super, Inc. v. Werries, 253 F.3d 1083, 1086 (8th Cir.2001) (<HOLDING>). Of course in considering Boomer's other Options: A. recognizing that in reviewing ruling on motion to compel arbitration we first determine whether party seeking arbitration established existence of arbitration agreement B. holding an appeal may be taken from an order denying a motion to compel arbitration C. holding that once the party seeking to compel arbitration establishes the existence of an arbitration agreement and that the claims raised fall within the scope of that agreement the trial court must compel arbitration D. holding that in ruling on a motion to compel arbitration a court must consider 1 whether the parties have entered into a valid arbitration agreement 2 whether an arbitrable issue exists and 3 whether the right to arbitration has been waived E. holding that on appeal from an order denying a motion to compel arbitration a court may only determine whether a dispute is subject to arbitration other contractual challenges must be determined by the arbitrator

assistant: The best answer is E. holding that on appeal from an order denying a motion to compel arbitration a court may only determine whether a dispute is subject to arbitration other contractual challenges must be determined by the arbitrator
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: if you have a dispute with one or more users , you release us ( and our affiliates and subsidiaries , and our and their respective officers , directors , employees and agents ) from claims , demands and damages ( actual and consequential ) of every kind and nature , known and unknown , arising out of or in any way connected with such disputes .

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: have been used for public assembly and debate.” Snyder v. Phelps, — U.S. -, 131 S.Ct. 1207, 1218, 179 L.Ed.2d 172 (2011) (citations and some internal quotation marks omitted). Notably, “[i]n the traditional public forum, which includes the streets, sidewalks, parks, and general meeting halls, speakers’ rights are at their apex.” Steinburg v. Chesterfield County Planning Comm’n 527 F.3d 377, 384 (4th Cir.2008). Chase contends, and Ocean City does not dispute, that the Ocean City boardwalk is a traditional public forum. See Mem. at 9-10; Opp. at 11. Chase’s position is consistent with several appellate decisions that have determined that a boardwalk or similar area is a traditional public forum. See, e.g., Perry v. Los Angeles Police Dept., 121 F.3d 1365, 1367-69 (9th Cir. 1997) (<HOLDING>), cert. denied, 523 U.S. 1047, 118 S.Ct. 1362, Options: A. holding that chicagos navy pier is not a traditional public forum B. holding that because public use of a beach was permissive the public was a licensee and as such could be excluded from the whole area at any time by the title owner C. holding that bostons fish pier is not a traditional public forum D. holding that the venice beach boardwalk is a traditional public forum E. holding that san franciscos fishermans wharf is a traditional public forum

assistant: The best answer is D. holding that the venice beach boardwalk is a traditional public forum
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: been allowed to take the witness stand in his own defense. R. Vol. XVII at 2687. The trial court told Williams to raise this issue on appeal. Id. at 2688. Thus, Williams could have claimed on direct appeal that the trial court’s failure to resolve this issue in the first instance was error. Furthermore, Williams was certainly aware that he should have raised this claim on direct appeal. In short, Williams was not prevented from raising his claim because of the inadequacy of the record on appeal. Thus, the district court did not err in ruling that this claim was procedurally barred. Ineffective Assistance of Counsel Regarding Right to Testify Williams next contends his trial counsel was constitutionally ineffective because he denied him his right to testify. See Cannon, 383 F.3d at 1170 (<HOLDING>). Although Williams did not assert his Options: A. recognizing a constitutional claim for ineffective assistance of counsel B. holding that the appropriate vehicle for claims alleging that defense counsel violated a defendants right to testify is a claim of ineffective assistance of counsel C. recognizing that a criminal defendants right to counsel is the right to the effective assistance of counsel D. holding that to the extent defendants claim is one of ineffective assistance of counsel it is not cognizable on direct appeal and rule 2915 is the exclusive procedure by which a claim of ineffective assistance of counsel can be advanced E. holding that right to appeal claim of ineffective assistance of counsel alleging that counsel failed to convey plea negotiations timely and adequately inform of consequences of pleading guilty to jury for sentencing waived because plea of guilty to jury was independent of and not supported by alleged ineffective assistance of counsel claims

assistant: The best answer is B. holding that the appropriate vehicle for claims alleging that defense counsel violated a defendants right to testify is a claim of ineffective assistance of counsel
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: Substantial evidence supports the agency’s determination that MoralesBarela failed to establish past persecution or a well-founded fear of future persecution on account of a protected ground. The agency correctly determined that Mara Salvatrucha is not a recognized social group and that Morales-Barela’s membership in a gang is not a protected ground. See Arteaga v. Mukasey, 511 F.3d 940, 943-45 (9th Cir.2007). Furthermore, Morales-Barela did not show he was targeted by police for his disagreement ■with anti-gang laws rather than for his gang activity. See Santos-Lemus v. Mukasey, 542 F.3d 738, 747 (9th Cir.2008). Lastly, Morales-Barela’s argument that his unwillingness to follow gang orders constitutes political opinion is foreclosed by our decision in Santos-Lemus. See id. at 746-47 (<HOLDING>). Accordingly, his claims for asylum and Options: A. holding that opposition to government corruption may constitute political opinion B. holding that retaliation for opposition to government corruption can constitute persecution on account of a political opinion C. holding that imputed political opinion is a protected ground D. holding that opposition to a gangs criminal activity is not a protected political opinion E. holding that fathers military service alone was neither political opinion nor sufficient to establish imputed political opinion

assistant: The best answer is D. holding that opposition to a gangs criminal activity is not a protected political opinion
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 anything to the contrary in this Section 8, upon termination of this Agreement, the parties shall continue to perform their respective obligations, and may continue to exercise their respective rights, with respect to Sale Notices, Exchange Notices and Purchase Notices given on or before the date of termination. In addition to the foregoing rights and obligations, the provisions of Sections 4, 5.4, 5.5, 5.13, 5.14, 6, 7, 8.3, 9, 10, 11.3 and 11.4 shall survive the termination of this Agreement for any reason.

assistant: Survival
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: case, because there is evidence that defendants have targeted consumers generally through standard form contracts, which were also administered in a standardized manner. See Kurschner v. Mass. Cas. Ins. Co., No. 08-CV-1011 (JFB), 2009 WL 537504, at *5 (E.D.N.Y. Mar. 3, 2009) (“Where, as here, a defendant allegedly enters into 'contractual relationship[s] with customers nationwide,’ via a standard form contract and has allegedly committed the challenged actions in its dealings with multiple insureds, such behavior plausibly affects the public generally and, therefore, plaintiff has sufficiently pled the requirement of 'consumer-oriented' conduct within the meaning of Section 349 ... ”) (collecting cases); cf. Riordan v. Nationwide Mut. Fire Ins. Co., 977 F.2d 47, 51-51 (2d Cir.1992) (<HOLDING>). 42 . The Court notes that plaintiffs never Options: A. holding that admonishment for breach of insurers obligation to insured is not applicable to equitable share dispute between insurers B. holding that the language of 9133 applies only to insurers and not to the insurers employees C. holding insurers right to subrogation arises only upon the insurers showing that the sum of the insureds recovery from the insurer and from persons legally responsible for the injury exceeds the insureds loss D. holding gbl 349 applicable to insurers where plaintiff demonstrated that similar practices had been employed by defendant against multiple insureds in the general public E. holding that insureds criminal convictions were sufficient to preclude relitigation of the issue of the insureds subjective intent for purposes of evaluating the insurers duty to defend

assistant: The best answer is D. holding gbl 349 applicable to insurers where plaintiff demonstrated that similar practices had been employed by defendant against multiple insureds in the general public
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 upward departure under this policy statement.” We need not delve into this purported error deeply, for we think it is clear that the court would not have imposed a different sentence but for the alleged error. To the extent Coleman argues that the district court “double counted” his conviction for burglary of an inhabited dwelling — that is, relied on it to depart upwardly even though it was factored into his criminal history score — we do not read the district court as counting it twice. Rather, we understand the court as making the point that it thought that some of Coleman’s crimes involved what it considered violent conduct. Coleman also complains about the district court’s recitation of the facts of the underlying offense in its written reasons; however, 5th Cir.2004) (en banc) (<HOLDING>). 13 . See United States v. Burton, 126 F.3d Options: A. holding that when a district court fails to provide reasons for imposing special conditions and the defendant fails to object we review for plain error B. holding that plain error review applies when a party fails to raise a claim before the district court C. holding that plain error review applies where the defendant fails to object to the lack of an opportunity to allocute D. holding that plainerror review applies where the defendant fails to object to a constructive amendment E. holding that a defendant who fails to object to an error at a plea colloquy hearing must satisfy the plain error rule

assistant: The best answer is C. holding that plain error review applies where the defendant fails to object to the lack of an opportunity to allocute
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The execution and delivery of this Agreement by the Affilates and the performance by the Affiliates of their obligations hereunder in accordance with the terms hereof: (a) will not require the consent of any third party or governmental entity under any laws; (b) will not violate any laws applicable to the Affiliates and (c) will not violate or breach any contractual obligation to which the Affiliates are a party.

assistant: No Conflicts
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Islands concedes that the district court erred in its determination to consider the petition as a section 2255 motion. The jurisdictional authority of 28 U.S.C. § 2255 is limited to challenges to the legality of a sentence and does not encompass the power to entertain a claim of wrongful revocation of pa role. See United States v. Addonizio, 442 U.S. 178, 187, 99 S.Ct. 2235, 2241, 60 L.Ed. 2d 805 (1979) (section 2255 challenges the lawfulness of the sentence, not the lawfulness of the actions of the parole commission); United States v. Ferri, 686 F.2d 147 (3d Cir.1982) (challenge to constitutionality of Parole Commission’s action does not fall under section 2255), cert. denied, 459 U.S. 1211, 103 S.Ct. 1205, 75 L.Ed.2d 446 (1983); Musto v. United States, 571 F.2d 136, 140 (3d Cir.1978) (<HOLDING>); Wright v. United States Board of Parole, 557 Options: A. holding that there was no legal right to court review of parole board decision because there is no legal right to release on parole B. holding that this courts review of board decisions is limited to final orders or final decisions C. holding that cue review applies only to prior final decisions of agencies of original jurisdiction ros and not to prior decisions of the board D. holding that pepper did not allow petitioner to seek a resentencing under 2255 E. recognizing danger of expanding section 2255 jurisdiction to allow for review of individual parole decisions

assistant: The best answer is E. recognizing danger of expanding section 2255 jurisdiction to allow for review of individual parole decisions
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: when another male coworker received such an award after learning the Avid program on the job. Her male coworker was chosen as a lead technician in February 1998, when plaintiff was performing work that would have justified similar recognition for her. Two male coworkers were selected in October 1998 to edit a new program entitled “This week,” even though plaintiff had more experience than one of the males selected. Plai put into question, it is “incumbent upon [the plaintiff] to come forward with evidence establishing the court’s jurisdiction. [The plaintiff] bears the burden of establishing subject matter jurisdiction by a preponderance of the evidence.” Reynolds, 846 F.2d at 748; McNutt v. General Motors Acceptance Corp., 298 U.S. 178, 189, 56 S.Ct. 780, 80 L.Ed. 1135 (1936) (<HOLDING>). “It long has been established, of course, Options: A. holding that if plaintiffs allegations of jurisdictional facts are challenged by his adversary in any appropriate manner he must support them by competent proof B. holding that if facts are in dispute jury is given authority to resolve them C. holding that a sentencing decision will be affirmed if challenged factor is permissible and other factors are not challenged D. holding that fjactfmding is proper when considering a motion to dismiss where the jurisdictional facts in the complaint are challenged E. holding that plaintiffs jurisdictional allegations must arise from the same conduct of which plaintiff complains

assistant: The best answer is A. holding that if plaintiffs allegations of jurisdictional facts are challenged by his adversary in any appropriate manner he must support them by competent proof
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 Target Distributions with respect to Class A Units shall be proportionately adjusted in the event of any distribution, combination or subdivision (whether effected by a distribution payable in shares of Class A Common Stock or otherwise) of shares of Class A Common Stock.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Neither party shall be considered to have waiver any of the rights, covenants, or conditions of this Lease unless evidenced by its written waiver; and the waiver of one default or right shall not constitute the waiver of any other. The acceptance of Rent shall not be construed to be a waiver of any breach or condition of this Lease.

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: First, the proposed Second Amended Complaint makes clear that Plaintiff was separated from her colleagues before she brought her discrimination claim to HR. See id. ¶ 17 (alleging that Groff “segregated” Plaintiff “[s]hortly after denying [her] request for a promotion”). Accordingly, there can be no causal relationship between her complaint to HR and that conduct. Second, Plaintiff does not specify when Defendant reduced her break time or subjected her attendance to more scrutiny, so the court cannot infer that those actions arose in response to her protected activity. In any event, even if those acts did commence after Plaintiff first exercised her statutory rights, they do not support a hostile work environment claim. See Veitch v. England, 471 F.3d 124, 130-31 (D.G. Cir. 2006) (<HOLDING>); Hussain v. Gutierrez, 593 F.Supp.2d 1, 7 Options: A. holding that a failure to make out a hostile work environment claim effectively disposes of the constructive discharge claim as well B. recognizing that a constructive discharge claim and a hostile work environment claim are not equivalent because a constructive discharge claim imposes a higher standard C. holding defendants belief that his work was unfairly criticized is not sufficient for constructive discharge D. holding that nonselection for a desirable position assignment to undesirable duties sharing a small office and being criticized did not make out a hostile work environment causing constructive discharge E. holding that a claim of constructive discharge requires a showing of harassment that is more severe and pervasive than that required to show a hostile work environment

assistant: The best answer is D. holding that nonselection for a desirable position assignment to undesirable duties sharing a small office and being criticized did not make out a hostile work environment causing constructive discharge
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the same as two years ago." Mark D. Killian, Lawyers’ Income is Flat as Firms Brace for Lean Times, Fla. B. News, Feb. 1, 2009, at 8. 4 . Although Mr. Hagopian styled his filing as an ‘'objection,” it was — in effect — a motion to withdraw from Mr. Green’s case. For this reason, we will refer to Mr. Hagopian’s ‘‘objection” as a motion to withdraw in the balance of this opinion. 5 . The JAC has filed a separate petition for certiorari from another order challenging various aspects of the payment arrangements for Mr. Hagopian ordered by the circuit court. This petition is pending in this court under case number 2D09-98. 6 . We note that the State did not oppose Mr. Hagopian's motion to withdraw in the circuit court. Cf. State v. Public Defender, 12 So.3d 798, 800-01 (Fla. 3d DCA 2009) (<HOLDING>). 7 . We commend Kevin T. Beck and Todd A. Options: A. holding that although the defendant filed a number of motions because the original trial date never changed as a result of those motions no delay could be attributed to the motions B. holding that there is a presumptive common law right to public access to all material filed in connection with nondiscovery pretrial motions but no such right as to discovery motions and their supporting documents C. holding that the state had standing to oppose motions to withdraw filed by the public defender D. holding in part that the presumption of public access attaches to pretrialnondiscovery motions whether preliminary or dispositive and the materials briefs and documents filed with the court in support of or in opposition to such motions but not to pretrial discovery motions E. holding that it was inappropriate to allow petitioner to withdraw while motions were pending before the court and ready to be argued

assistant: The best answer is C. holding that the state had standing to oppose motions to withdraw filed by the public defender
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 be solely responsible for your use of the service and any damages to your devices , including without limitation loss or exposure of data , and you will be solely responsible for compliance with any applicable laws or regulations .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as expressly provided herein, neither this Agreement nor any term hereof may be amended, discharged or terminated other than by a written instrument referencing this Agreement and signed by CEO and holders of a majority of the Escrowed Shares subject to this Agreement. Any such amendment, discharge or termination effected in accordance with this paragraph shall be binding upon each Voting Party that has entered into this Agreement. Each Voting Party acknowledges that by the operation of this paragraph, the CEO will have the right and power to diminish or eliminate all rights of such Voting Party under this Agreement.

assistant: Amendments
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: clerk’s practice of almost always granting deferrals to jurors who requested them introduced a substantial element of voluntariness into jury service, and meant that the pool of K jurors consisted of individuals who had decided for various reasons not to serve at the time that their names were drawn from the divisional qualified wheels. As the former Fifth Circuit explained, “That the introduction of predilections of prospective jurors affects the random nature of the selection process cannot be gainsaid. Surely a district would be in substantial violation of the statute [JSSA] if it selected all its jurors by randomly drawing names from the qualified wheel and allowing those selected to opt in or out at will.” Id.; see also United States v. Branscome, 682 F.2d 484, 485 (4th Cir.1982) (<HOLDING>). Arguably, then, when the clerk almost always Options: A. holding the connection is an element B. holding that use of volunteer jurors introduced an impermissible subjective element into jury selection C. recognizing that observations made during a psychiatric examination contain a subjective element D. holding that a jury instruction directing the verdict on one element deprived defendant of the right to a jury determination on every element of the charged offense and thus constituted structural error E. holding that knowledge element could not be deemed in favor of plaintiff where defendant objected to the omission of that element from the jury charge

assistant: The best answer is B. holding that use of volunteer jurors introduced an impermissible subjective element into jury selection
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: so clearly contemplates that consumer debt include debt secured by real property that there is no room left for any other conclusion.” (internal quotation marks omitted)); Zolg v. Kelly (In re Kelly), 841 F.2d 908, 912 (9th Cir.1988) (“A literal reading of the [Bankruptcy] Code’s simple language leads inexorably to the conclusion that consumer debt includes secured debt.”); Cox v. Fokkena (In re Cox), 315 B.R. 850, 855 (8th Cir. BAP 2004) (“With respect to debt secured by real property, if the debtor’s purpose in incurring the debt is to purchase a home or make improvements to it, the debt is clearly for family or household purposes and fits squarely within the definition of a consumer debt under § 101(8).”); Morris v. Zabu Holding Co. (In re Morris), 385 B.R. 823, 829 (E.D.Va. 2008) (<HOLDING>); In re Naut, 2008 WL 191297 at *5 Options: A. holding that effect of discharge of debt under bankruptcy code is the same as it was under the 1898 bankruptcy act it is not an extinguishment of the debt but only a bar to enforcement of the debt as a personal obligation of the debt or B. holding that a debt incurred for a personal family or household purpose is a consumer debt even though it is secured by the debtors real property C. holding that student loans for debtors sons education were for family purposes and should be considered consumer debt D. holding that a credit transaction is not a consumer debt when it is incurred with a profit motive E. holding that the fdcpa applies only to consumer debts incurred primarily for personal family or household purposes

assistant: The best answer is B. holding that a debt incurred for a personal family or household purpose is a consumer debt even though it is secured by the debtors real property
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 Events of Default shall have occurred and be continuing, and whether or not the Lenders shall have accelerated the maturity of the Loans pursuant to §12.1, the Agent on behalf of the Lenders may, and upon the direction of the Required Lenders shall, proceed to protect and enforce their rights and remedies under this Agreement, the Notes and/or any of the other Loan Documents by suit in equity, action at law or other appropriate proceeding, including to the full extent permitted by applicable law the specific performance of any covenant or agreement contained in this Agreement and the other Loan Documents, the obtaining of the ex parte appointment of a receiver, and, if any amount shall have become due, by declaration or otherwise, the enforcement of the payment thereof. No remedy herein conferred upon the Agent or the holder of any Note is intended to be exclusive of any other remedy and each and every remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or any other provision of law. Notwithstanding the provisions of this Agreement providing that the Loans may be evidenced by multiple Notes in favor of the Lenders, the Lenders acknowledge and agree that only the Agent may exercise any remedies arising by reason of a Default or Event of Default. If Borrower or any Guarantor fails to perform any agreement or covenant contained in this Agreement or any of the other Loan Documents beyond any applicable period for notice and cure, Agent may itself perform, or cause to be performed, any agreement or covenant of such Person contained in this Agreement or any of the other Loan Documents which such Person shall fail to perform, and the out-of-pocket costs of such performance, together with any reasonable expenses, including reasonable attorneys’ fees actually incurred (including attorneys’ fees incurred in any appeal) by Agent in connection therewith, shall be payable by Borrower upon demand and shall constitute a part of the Obligations and shall if not paid within five (5) days after demand bear interest at the Default Rate. In the event that all or any portion of the Obligations is collected by or through an attorney-at-law, the Borrower shall pay all costs of collection including, but not limited to, reasonable attorney’s fees.

assistant: Remedies