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: showing only that he responded to further police-initiated custodial interrogation even if he has been advised of his rights_[Rather,] an accused, ... having expressed his desire to deal with the police only through counsel, is not subject to further interrogation by the authorities until counsel has been made available to him, unless the accused himself initiates further communication, exchanges, or conversations with the police. Id. at 484-85, 101 S.Ct. at 1884-85; see also Minnick v. Mississippi 498 U.S. 146, 153, 111 S.Ct. 486, 491, 112 L.Ed.2d 489 (1990) (stating “that when counsel is requested, interrogation must cease, and officials may not reinitiate interrogation without counsel present, whether or not the accused has consulted with his attorney”); Savino, 82 F.3d at 599-600 (<HOLDING>). Polk, to whom Howard initially confessed, did Options: A. holding that any confession obtained by interrogation reinitiated by police in the absence of counsel is inadmissible unless the defendant reinitiates discussion with police and then confesses B. holding in a plurality opinion that a confession obtained through a twostep questions first interrogation technique whereby the police deliberately questioned a defendant in custody until that defendant confessed followed by a miranda warning and reiteration of the confession was inadmissible because the police strategy undermined the effectiveness of the miranda warning C. holding that witness statements in police report inadmissible D. recognizing that not all statements obtained by the police after a person has been taken into custody are to be considered the product of interrogation E. holding that fifth amendment protection against selfincrimination requires police to notify suspect of right to counsel and to cut off interrogation once suspect invokes the right absent counsel further interrogation may not occur unless suspect initiates subsequent conversation if police initiate subsequent interrogation there can be no valid waiver of counsel even though police advise suspect of his or her constitutional rights and suspect acquiesces in the interrogation

assistant: The best answer is A. holding that any confession obtained by interrogation reinitiated by police in the absence of counsel is inadmissible unless the defendant reinitiates discussion with police and then confesses
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: See People v. Dameron, 196 Ill. 2d 156, 164-66 (2001) (citing cases where this court concluded that a Doyle violation amounted to harmless error). Our precedent with respect to Doyle violations is significant to our instant analysis when we consider that Rule 431(b)(4) has its roots in the constitutional privilege against self-incrimination. Zehr, 103 Ill. 2d at 477 (stating that it is “essential” that jurors understand that a defendant’s silence cannot be held against him). We note, also, that questioning similar to that set forth in our Rule 431(b)(4) is not uniformly required in other state and federal jurisdictions. See Baker v. State, 157 Md. App. 600, 617, 853 A.2d 796, 806 (2004 p. 1999); Jones v. State, 378 So. 2d 797 (Fla. App. 1980); State v. Hayes, 364 So. 2d 923 (La. 1978) (<HOLDING>). Moreover, as pointed out by the dissenting Options: A. holding that a defendant has a right to question the venire about their willingness to accept the defendants right not to testify B. recognizing that criminal defendants right to testify is subject to crossexamination C. holding that right to testify not denied where inter alia defendant made no objection to his attorneys statements that defendant would not testify and made no request to testify D. holding right to testify was federal constitutional right E. holding violation of right to testify could not be harmless

assistant: The best answer is A. holding that a defendant has a right to question the venire about their willingness to accept the defendants right not to testify
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: we disclaim and exclude any express or implied warranties or representations , including any warranties as to merchantability or fitness for a particular purpose of the products to the broadest extent permitted by law .

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: EACH PARTY HEREBY WAIVES ITS RIGHTS TO A JURY TRIAL OF ANY CLAIM OR CAUSE OF ACTION BASED UPON OR ARISING OUT OF THIS AGREEMENT, THE OTHER TRANSACTION DOCUMENTS, THE SECURITIES OR THE SUBJECT MATTER HEREOF OR THEREOF. THE SCOPE OF THIS WAIVER IS INTENDED TO BE ALL-ENCOMPASSING OF ANY AND ALL DISPUTES THAT MAY BE FILED IN ANY COURT AND THAT RELATE TO THE SUBJECT MATTER OF THIS TRANSACTION, INCLUDING, WITHOUT LIMITATION, CONTRACT CLAIMS, TORT CLAIMS (INCLUDING NEGLIGENCE), BREACH OF DUTY CLAIMS, AND ALL OTHER COMMON LAW AND STATUTORY CLAIMS. THIS SECTION HAS BEEN FULLY DISCUSSED BY EACH OF THE PARTIES HERETO AND THESE PROVISIONS WILL NOT BE SUBJECT TO ANY EXCEPTIONS. EACH PARTY HERETO HEREBY FURTHER WARRANTS AND REPRESENTS THAT SUCH PARTY HAS REVIEWED THIS WAIVER WITH ITS LEGAL COUNSEL, AND THAT SUCH PARTY KNOWINGLY AND VOLUNTARILY WAIVES ITS JURY TRIAL RIGHTS FOLLOWING CONSULTATION WITH LEGAL COUNSEL.

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 legal provision and list the applicable contract clause categories. Provision: Except as otherwise permitted under Section 6.3 or Section 6.4 , each Loan Party will, and will cause each of its Subsidiaries to, at all times preserve and keep in full force and effect such Person’s valid existence and good standing in its jurisdiction of organization and, except as could not reasonably be expected to result in a Material Adverse Effect, good standing with respect to all other jurisdictions in which it is qualified to do business and any rights, franchises, permits, licenses (including FCC Licenses), accreditations, authorizations, or other approvals material to their businesses.

assistant: Existence
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: No provisions of this Agreement may be amended, modified, or waived unless such amendment or modification is agreed to in writing signed by Executive and by a duly authorized officer of the Company, and such waiver is set forth in writing and signed by the party to be charged. No waiver by either party hereto at any time of any breach by the other party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time. No agreements or representations, oral or otherwise, express or implied, with respect to the subject matter hereof have been made by either party which are not set forth expressly in this Agreement. The respective rights and obligations of the parties hereunder shall survive Executive’s termination of employment and the termination of this Agreement to the extent necessary for the intended preservation of such rights and obligations. The validity, interpretation, construction and performance of this Agreement shall be governed by the laws of the State of Ohio without regard to its conflicts of law principles.

assistant: Miscellaneous
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 physical or mental impairment sufficient to make the Grantee who is an Employee eligible for benefits under the Company's or Subsidiary's long-term disability plan in which the Grantee is a participant. A Grantee who is a Director shall be treated as having a Disability if a physical or mental impairment would have made the Director eligible for benefits under the Company's long-term disability plan had the Director been an Employee.

assistant: Disability
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 Purchaser nor its Affiliates, any of their respective officers, directors, employees or agents has employed any broker or finder or incurred any liability for any financial advisory fees, brokerage fees, commissions or finder’s fees, and no broker or finder has acted directly or indirectly for Purchaser, in connection with this Agreement or the transactions contemplated hereby, in each case, whose fees the Company would be required to pay (other than pursuant to the reimbursement of expenses provisions of Section 6.2).

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 case excerpt and choose the best holding from the options. Case excerpt: assert, this amount may still have been instrumental in allowing the Event Center to obtain an investment-grade rating. (d) Bespeaks Caution Doctrine Is Not an Absolute Bar to Liability on the Basis of Forward-Looking Statements. Under the bespeaks caution doctrine, forward-looking statements are not actionable if they are accompanied by sufficient cautionary language that warns of specific risks that may prevent a projection, estimate, or expectation from materializing. See Livid Holdings, Ltd. v. May 1, 2009) (rejecting defendants’ reliance on the bespeaks caution doctrine where plaintiffs alleged specific facts indicating that defendants knowingly made future financial projections that were unreasonable); In re World Access, Inc. Sec. Litig., 119 F.Supp.2d 1348, 1358 (N.D.Ga.2000) (<HOLDING>). Defendants’ reliance on the “bespeaks caution Options: A. holding that statements based upon defendants beliefs are actionable because there was evidence that the defendants were aware of undisclosed facts that seriously undermined the accuracy of their alleged opinions or beliefs B. holding that the bespeaks caution doctrine does not apply to representations of present facts that were false when made C. holding that the bespeaks caution doctrine is inapplicable when defendants are aware of facts rendering their forwardlooking statements untrue when made D. holding that allegations that defendants designed and implemented improper accounting practices failed to state claim for securities fraud in absence of allegations of particular facts demonstrating how defendants knew of scheme at time they made their statements of compliance that they knew the financial statements overrepresented the companys true earnings or that they were aware of a gaap violation E. holding that plaintiffs must specifically allege defendants knowledge of facts or access to information contradicting their public statements

assistant: The best answer is C. holding that the bespeaks caution doctrine is inapplicable when defendants are aware of facts rendering their forwardlooking statements untrue when made
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 information and communications between the Parties relating to an Agreement Dispute and/or under the procedures in Sections 22.2 and 22.3 shall be considered “Confidential Information” under Article XIV herein.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Stockholder shall permit Parent to publish and disclose in all documents and schedules filed with the SEC, and any press release or other disclosure document that Parent determines to be necessary or desirable in connection with the Offer, the Merger and any transactions related thereto, the Stockholder’s identity and ownership of Subject Shares and the nature of the commitments, arrangements and understandings under this Agreement. Parent and Purchaser shall permit the Stockholder to publish and disclose in all disclosure documents required by Law (including any Schedule 13D/A filing), the nature of the commitments, arrangements and understandings under this Agreement.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: to register for a paid subscription , you must be 18 or older , or be 14 or older and have parent or guardian consent ( your parents/guardians will enter into contract on behalf of you ) .

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: We are not persuaded by this argument. Contrary to the scenario contemplated in Jenkins, Barghi presented no evidence disputing the trial court’s earlier rul E2d 460) (2010) (noting differences between a jury trial and a bench trial, and that with a jury trial “[12] persons... sit in judgment..., and... the prosecutor . . . bearfs] the burden of convincing each one of the twelve persons of [the defendant’s] guilt beyond a reasonable doubt,” and that by waiving the right to a jury trial, a defendant “forfeit[s] the voir dire process and his right to have the 12 persons chosen through that process decide his guilt or innocence, and that the judge instead . . . mak[es] that determination.”); Hopkins v. State, 209 Ga. App. 337, 338 (3) (433 SE2d 423) (1993) (physical precedent only) Options: A. holding that where there is competent evidence to support the courts findings the admission of incompetent evidence is not prejudicial B. holding that the trier of fact must be allowed to consider and give effect to all relevant mitigating evidence C. holding that a trial court can only consider admissible evidence in ruling on a motion for summary judgment D. holding that in a bench trial it is presumed that the judge as trier of fact is able to distinguish between competent and incompetent evidence and consider only that evidence which is admissible E. holding that there must be sufficient competent evidence from which the trier of fact could estimate the amount of damages with a reasonable degree of certainty

assistant: The best answer is D. holding that in a bench trial it is presumed that the judge as trier of fact is able to distinguish between competent and incompetent evidence and consider only that evidence which is admissible
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: “[a] person may not discharge or in any other manner discriminate against an employee because the employee has ... filed a workers’ compensation claim in good faith.” Tex. Lab.Code Ann. § 451.001(1). Several Texas courts have held that, where employees both suffered an actual injury and reported the injury to the employer, this is sufficient to invoke the statutory protection against retaliatory discharge. See Munoz v. H & M Wholesale, Inc., 926 F.Supp. 596, 603 (S.D.Tex.1996) (noting before company terminated employee, employee sustained an on-the-job back injury for which company sent him to doctor and chiropractor and company filed its first report of injury regarding incident); Duhon v. Bone & Joint Physical Therapy Clinics, 947 S.W.2d 316, 317-18 (Tex.App.-Beaumont 1997, no writ) (<HOLDING>); Worsham Steel Co. v. Arias, 831 S.W.2d 81, Options: A. holding that the debtors knowing act of failing to obtain workers compensation insurance so that the employer owed an employee a debt after the employee suffered a workplace injury was not the sort of willful and malicious injury required for nondischargeability under 523a6 because it cannot not be said that the employer intended for the employee to suffer a fall or that there was an unbroken chain of events leading from the employers intentional act to the employees physical injury B. holding that where employee gave notice to employer of injury and employer told employee that nothing could be done for him through workmans compensation employer had breached statute and was liable for medical treatment which was reasonable and necessary to restore employee to maximum usefulness C. holding that a plaintiff could not show that she engaged in protected activity because she did not present evidence that she informed her employer that her complaints were based on race or age discrimination D. holding that an employee who claims to have been terminated by her employer for having exercised her right to disability benefits raised a cognizable claim under 510 of erisa notwithstanding the fact that she received the benefits from her employer prior to termination E. holding employee invoked protection of statute when she sustained an onthejob injury and reported it to her employer the next day

assistant: The best answer is E. holding employee invoked protection of statute when she sustained an onthejob injury and reported it to her employer the next day
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: he would have requested, and the trial court would have granted, a mistrial. In this situation, then, “the denial of a significant procedural right ... is sufficient to satisfy the prejudice prong of Strickland.” Ramsey, 323 F.Supp.2d at 39. Because the trial court has already made the requisite findings entitling Middleton to relief, we REVERSE and REMAND for a new trial. DAVIS, J., concurs, and THOMAS, J., concurs with opinion. THOMAS, J., concurring. I concur in the majority opinion, but write to explain that while we cannot determine whether Appellant will again be tried for first-degree murder, the possibility is not foreclosed by the constitutional prohibition against double jeopardy. If Appellant is tried for first-degree murder, he wil , 123 S.Ct. 732, 154 L.Ed.2d 588 (2003) (<HOLDING>). The Florida Supreme Court noted in State v. Options: A. holding double jeopardy did not prohibit capital prosecution of defendant who pled guilty to seconddegree murder and agreed to testify against codefendants but violated plea agreement by refusing to testify at retrial and state properly sought new indictment for capital murder resulting in death sentence imposed at trial for firstdegree murder B. holding that where penalty phase jury deadlocked on sentence and trial court imposed default life sentence required by state law but conviction was later reversed neither double jeopardy nor due process barred new trial for capital murder with exposure to death penalty C. holding on habeas corpus that claims regarding sentencing phase jury charges in a death penalty case are never barred by procedural default D. holding that if a trial court has rejected death as a possible sentence double jeopardy bars the state from seeking the death penalty at resentencing even where rejection of the death sentence was based on a legal error E. holding that the defendants due process rights to notice were violated when a judge imposed a capital sentence even though the state took the position that it would not seek the death penalty

assistant: The best answer is B. holding that where penalty phase jury deadlocked on sentence and trial court imposed default life sentence required by state law but conviction was later reversed neither double jeopardy nor due process barred new trial for capital murder with exposure to death penalty
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: If any provision contained in this Agreement or any other Loan Document is held to be illegal, invalid or unenforceable under present or future laws, such provision shall be fully severable, such Loan Document shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part thereof, and the remaining provisions thereof shall remain in full force and effect and shall not be affected by the illegal, invalid or unenforceable provision or by its severance therefrom.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: If either party breaches any terms of this Agreement or the post-termination obligations referenced in it, to the extent authorized by Florida law, either party will be responsible for payment of all reasonable attorneys’ fees and costs that either party incurred in the course of enforcing the terms of the Agreement, including demonstrating the existence of a breach and any other contract enforcement efforts.

assistant: Costs
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: detention, whether the continued duration of the detention is finite or near conclusion, and the interests served by continued detention,” among others. Orsino, 942 F.Supp.2d at 409; see Debel, 2014 WL 1689042, at *5 (stating that “the principal factor considered in constitutional review of detention pending removal proceedings is the degree to which the proceedings have been prolonged by unreasonable government action”); see also Diop, 656 F.3d at 233 (“This will necessarily be a fact-dependent inquiry that will vary depending on individual circumstances.”). Although it is a close call, applying those factors here, the Court cannot say that Young’s continued detention without a bond hearing has yet crossed the line into a due process violation. First and foremost, “[t]h (S.D.N.Y.2010) (<HOLDING>). Accordingly, the Court concludes that Young’s Options: A. holding thirtyeight day preappearance detention violated due process B. holding that detention of approximately eight months violated due process C. holding that continued detention violated due process where a moratorium on removals to haiti in the aftermath of an earthquake rendered the petitioners detention indefinite D. holding seizure unreasonable due to length of detention of property E. holding that juvenile pretrial detention implicates due process rights

assistant: The best answer is C. holding that continued detention violated due process where a moratorium on removals to haiti in the aftermath of an earthquake rendered the petitioners detention indefinite
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Executive’s annual salary will be $350,000 (the “ Base Salary ”), paid in accordance with the Company’s payroll practices as in effect from time to time. The Base Salary will be reviewed annually by the Compensation Committee of the Company’s Board (the “ Compensation Committee ”) and may be increased, but not decreased.

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 case excerpt and choose the best holding from the options. Case excerpt: at 2249 (explaining that the jurors in the Mathis case did not need to make any specific finding as to where the crime occurred, where the statute merely "itemize[d] the various places that crime could occur as disjunctive factual scenarios rather than separate elements”). 42 . Id. at 2250. 43 . Id. at 2256. 44 . Id. at 2250. 45 . United States v. Mathis, 786 F.3d 1068, 1075 (8th Cir. 2015). 46 . Mathis, 136 S.Ct. at 2250 (citing State v. Duncan, 312 N.W.2d 519, 523 (Iowa 1981)). 47 . 832 F.3d 569, 574-75, No. 15-10067, 2016 WL 4254372, at *4 (5th Cir. Aug. 11, 2016) (citations omitted). 48 . Mathis, 136 S.Ct. at 2256. 49 . Landrian v. State, 268 S.W.3d 532, 537 (Tex. Crim. App. 2008) (citations omitted). 50 . Price v. State, 457 S.W.3d 437, 442 (Tex. Crim. App. 2015) (emphasis added) (<HOLDING>). 51 . See id. 52 . U.S. Sentencing Guidelines Options: A. holding that officers reliance on accountant negated a finding that he acted consciously voluntarily intentionally knowingly or recklessly in his failure to pay tax B. holding that attempted firstdegree murder may be committed knowingly or intentionally C. holding that person as defined in njsa 112 does not include the state based on the fact that 1 the definition of person indicates that such term includes the state when it is used to designate the owner of property which may be the subject of an offense and 2 state and municipality are separately defined in njsa 112 D. holding that a texas assault statute requiring that the defendant intentionally knowingly or recklessly causes bodily injury to another may be violated by the defendant so causing such injury by means other than the actual attempted or threatened use of physical force against the person of another and hence does not have such use of force as an element alteration in original E. holding that the offense defined by sections 2201a1 and b2b has three parts two of which include culpable mental states and that intentionally knowingly or recklessly in the third part modifies impeding the normal breathing or circulation of the blood of the person

assistant: The best answer is E. holding that the offense defined by sections 2201a1 and b2b has three parts two of which include culpable mental states and that intentionally knowingly or recklessly in the third part modifies impeding the normal breathing or circulation of the blood of the person
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: For the convenience of the parties, this Agreement may be executed in multiple counterparts and by different parties hereto in separate counterparts, each of which for all purposes shall be deemed to be an original, and all such counterparts shall together constitute but one and the same Agreement. In this regard, each of the parties hereto acknowledges that a counterpart of this Agreement containing a set of counterpart execution pages reflecting the execution of each party hereto shall be sufficient to reflect the execution of this Agreement by each party hereto.

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: Employee shall not, directly or indirectly, use any Confidential Information for any purpose other than the benefit of a Banking Organization, and shall not directly or indirectly, disclose, communicate, deliver, exhibit or provide any Confidential Information to any Person, except other Employees or Agents of a Banking Organization who have a need to know such Confidential Information for a proper corporate or business purpose, as required in the normal course of Employee’s service as an employee.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company will indemnify and hold you harmless to the maximum extent permitted by applicable law against judgments, fines, amounts paid in settlement and reasonable expenses, including reasonable attorneys’ fees, in connection with the defense of, or as a result of any action or proceeding (or any appeal from any action or proceeding) in which you are made or are threatened to be made a party by reason of the fact that you are or were an officer of the Company or any Affiliate (as defined in the Severance and Non-Competition Plan). In addition, the Company agrees that you shall be covered and insured up to the maximum limits provided by any insurance which the Company maintains to indemnify its directors and officers (as well as any insurance that it maintains to indemnify the Company for any obligations which it incurs as a result of its undertaking to indemnify its officers and directors).

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: supplemented with the appellant’s state court indictment, judicial confession, and judgment when he appealed the application of a sentencing enhancement for a state conviction). 41 . Garza-Lopez, 410 F.3d at 273 (citing Taylor, 495 U.S. at 602, 110 S.Ct. 2143). 42 . Garcia-Arellano, 522 F.3d at 480. 43 . See id. at 480-81. 44 . See United States v. Perales-Solis, 275 Fed.Appx. 443, 445-46 (5th Cir.2008) (per curiam) (unpublished) (citing United States v. Morales-Martinez, 496 F.3d 356, 358-61 (5th Cir.2007)). 45 . Menefee v. State, 287 S.W.3d 9, 13 (Tex. Crim.App.2009). 46 . 522 F.3d at 479 (discussing U.S.S.G. 2L1.2(b)(l)(B)). 47 . Id. at 480. 48 . Id. at 481. 49 . Id. 50 . Id.; see also United States v. Perales-Solis, 275 Fed.Appx. 443, 446 (5th Cir.2008) (per curiam) (unpublished) (<HOLDING>). 51 . See United States v. Martinez-Vega, 471 Options: A. holdingthat an error in instructing the jury that an offense could be committed by a statutory method not charged in the indictment is cured where the court provides the jury with the indictment and instructs jurors that the burden of proof rests upon the state to prove every material allegation of the indictment and every essential element of the crime charged beyond a reasonable doubt citation omitted B. holding that the striking similarity between the acts alleged in the indictment and the prior incidents rendered incidents that occurred fifteen years prior to the acts alleged in the indictment relevant and admissible under rule 404b C. holding that where the date of the offense is not an element of the charge a variance between the indictment date and the proof at trial is not fatal so long as the acts charged were committed within the statute of limitations period and prior to the return date of the indictment D. holding that a judicial confession in which the defendantappellant admitted that he committed the acts alleged and that if the states witnesses were sworn in and testified they would testify that i committed each and every element alleged removed any potential ambiguity in the conjunctively charged indictment E. holding that when an indictment charges several acts conjunctively under a statute which subjects several alternative acts to the same punishment the government need only prove violation of one of the alleged acts to prove violation of the statute

assistant: The best answer is D. holding that a judicial confession in which the defendantappellant admitted that he committed the acts alleged and that if the states witnesses were sworn in and testified they would testify that i committed each and every element alleged removed any potential ambiguity in the conjunctively charged indictment
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 U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 390 U.S. 456 88 S.Ct. 1194 20 L.Ed.2d 27 Brooks Lee ANDERSON, petitioner,v.Wilburn C. JOHNSON, Warden. No. 700. Supreme Court of the United States October Term, 1967. March 25, 1968 J. Brad Reed, Nashville, Tenn., for petitioner. Ed R. Davies, Nashville, Tenn., for respondent. On Writ of Certiorari to the United States Court of Appeals for the Sixth Circuit. PER CURIAM. 1 Four members of the Court would reverse. Four members of the Court would dismiss the writ as improvidently granted. Consequently, the judgment of the United States Court of Appeals for the Sixth Circuit remains in effect. 2 Mr. Justice MARSHALL took no part in the consideration or decision of this case.

assistant: 2
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 agency reasonably found that unfulfilled threats, which were the only individualized harm Yang alleged he had suffered, did not rise to the level of persecution. See Ci Pan v. United States Atty. General, 449 F.3d 408, 412-13 (2d Cir.2006). This is so, even when considered in conjunction with his father’s alleged beating, because, as the IJ noted, Yang did not allege that this incident resulted in any injuries to his father or caused Yang any continuing harm. See Shi Liang Lin v. U.S. Dep’t of Justice, 494 F.3d 296, 308 (2d Cir.2007) (“the statutory scheme unambiguously dictates that applicants can become candidates for asylum relief only based on persecution that they themselves have suffered or must suffer”); see also Tao Jiang v. Gonzales, 500 F.3d 137, 141-42 (2d Cir.2007) (<HOLDING>). Therefore, the agency did not err in finding Options: A. holding that an asylum applicant cannot claim past persecution based solely on the harm that was inflicted on a family member on account of that family members political opinion or other protected characteristic B. recognizing that an applicant may be able to demonstrate persecution based on persecution of family members where the applicant shares the characteristic that motivated persecutors to harm the family member was in the zone of risk when the family member was harmed and suffered some continuing hardship after the incident citing jorgetzoc v gonzales 435 f3d 146 150 2d cir2006 C. holding that absent a pattern of persecution linked to the applicant persecution of family members is insufficient to demonstrate a wellfounded fear of persecution D. recognizing that the harm suffered by family members in combination with other factors would presumably only be persecution where the applicant not only shares or is perceived to share the characteristic that motivated persecutors to harm the family members but was also within the zone of risk when the family member was harmed and suffered some continuing hardship after the incident E. holding the wifes testimony that husbands release would cause psychological harm to other family members was insufficient to support commitment courts finding that husband would cause serious bodily harm to another person

assistant: The best answer is D. recognizing that the harm suffered by family members in combination with other factors would presumably only be persecution where the applicant not only shares or is perceived to share the characteristic that motivated persecutors to harm the family members but was also within the zone of risk when the family member was harmed and suffered some continuing hardship after the incident
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 provisions of this Modification shall bind the respective heirs, executors, personal representatives, administrators, successors and assigns of the parties hereto. This Modification incorporates all prior discussions and negotiations between the parties and may not be amended except in writing duly acknowledged by the parties.

assistant: Integration
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: , uncertain about whether it will have to pay the claim out of pocket. Knowing this, it will be encouraged to settle the case quickly and for as little as possible (which are the exact same motivations the insurer would have should it have chosen to defend). However, if the Court were to require the actual"legal-liability-rule, the insured would also have to worry about the case being sufficiently developed so that more 'onerous standard could be met. While it is not clear that the actual-legal-liability rule requires the Court to “try a case within case” in every instance, the rule certainly requires a deep delving into the facts of-the third-party claim that initiated the coverage question. See Ky. Sch. Bds. Ins. Trust v. State Farm Mut. Ins., 907 F.Supp. 1036, 1037-38 (E.D.Ky.1995) (<HOLDING>). The insured would then feel pressure to drag Options: A. holding that reinsurer could be directly liable to an insured where the reinsurance agent was the ultimate consistent reimburser of losses of the insured and this status was conveyed to the insured B. holding that a subrogation claim required the parties to try the case as a casewithinacase to determine if the insured would have been liable to thirdparty plaintiff C. holding that a motion for contribution would be dispositive of a claim under rule 2311f and therefore if requested by one of the parties a hearing on the motion would have been required D. recognizing equitable subrogation E. holding that an insurance contract should be construed as a reasonable person in the position of the insured would have understood it and that if the language used in the policy is reasonably susceptible to different constructions it must be given the construction most favorable to the insured

assistant: The best answer is B. holding that a subrogation claim required the parties to try the case as a casewithinacase to determine if the insured would have been liable to thirdparty plaintiff
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: parties, only the trier of fact can determine whether plaintiff was indeed a shareholder of KPC. However, KPC argues that even if plaintiff is a shareholder, plaintiff, as a matter of law, is not entitled to a judgment in her favor because her claim is barred by the statute of limitations or waived by laches. Because the trial court’s grant of summary judgment will be affirmed if it is sustainable on any theory, and the trial court did not make findings of fact or conclusions of law, we must address whether plaintiffs claim was barred as a matter of law. See Chase Resorts, Inc. v. Safety Mut. Cas. Corp., 869 S.W.2d 145, 148 (Mo.App. E.D.1993). Section 516.120 provides that the statute of limitations for actions for liabilities created by statute is five (5) years. .W. 94, 98-99 (1924)(<HOLDING>). Specifically, KPC argues plaintiffs cause of Options: A. holding minority shareholders to be forced sellers for the purpose of 10b because corporation forced shareholders to sell their shares for cash or else realize no value from the stock B. holding that after the sale of stock former shareholders have no standing to file a claim against the corporation C. holding that derivative actions do not require the support of a majority of shareholders or even all of the minority shareholders D. recognizing privilege for corporate officers directors and shareholders to influence the actions of their corporation E. holding a shareholders cause of action accrued for statute of limitations purposes when shareholders and directors of a company asserted a right to stock which was hostile to the plaintiffs claim to the stock

assistant: The best answer is E. holding a shareholders cause of action accrued for statute of limitations purposes when shareholders and directors of a company asserted a right to stock which was hostile to the plaintiffs claim to the stock
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: accomplices bound, gagged, and blindfolded the Sum-ners with duct tape. The accomplices then drove the Sumners, who were forced into the trunk of their own car, to a previously excavated gravesite, secured the duct tape that was binding them, retrieved their ATM-pin number, forced them into the grave, and then filled the grave with dirt with the Sumners alive inside. The Sum-ners were “buried alive, and suffered a slow and torturous death from the weight of the soil being built up around them and inhaled into their lungs until they lost consciousness and expired.” Accordingly, Jackson has failed to demonstrate prejudice because the appellate process was not compromised. Therefore, there was no ineffective assistance of appellate counsel, and Jackson is not entitled to habeas r (<HOLDING>). 3 . Jackson also refers to extensive portions Options: A. holding appellate counsel was not ineffective for forgoing a claim disputing the admission of victim impact evidence because it had no merit B. holding that where trial counsel was not ineffective appellate counsel was not ineffective for failing to raise claim of ineffectiveness of trial counsel C. holding that counsel cannot be deemed ineffective for failing to raise a meritless claim D. holding that appellate counsel could not be found to have rendered ineffective assistance for failing to raise issues that are without merit E. holding that letters from the victims family constituted improper victim impact statements but appellate counsel was not ineffective for failing to raise a claim because the jury never saw the letters and thus the claim was without merit

assistant: The best answer is E. holding that letters from the victims family constituted improper victim impact statements but appellate counsel was not ineffective for failing to raise a claim because the jury never saw the letters and thus the claim was without merit
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: the company does not guarantee the accuracy , integrity , appropriateness or quality of any user content , and under no circumstances will the company be liable in any way for any user content .

assistant: Limitation of liability
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 is a corporation duly organized, validly existing, and in good standing under the laws of the State of Florida and has the corporate power and is duly authorized under all applicable laws, regulations, ordinances, and orders of public authorities to carry on its business in all material respects as it is now being conducted. Complete and correct copies of the Articles of Incorporation and Bylaws of the Company as in effect on the date hereof have been publicly filed with the SEC and the execution and delivery of this Agreement does not, and the consummation of the transactions contemplated hereby will not, violate any provision of the Company’s Articles of Incorporation or Bylaws. The Company has taken all action required by law, its Articles of Incorporation, its Bylaws, or otherwise to authorize the execution and delivery of this Agreement, and the Company has full power, authority, and legal right and has taken all action required by law, its Articles of Incorporation, Bylaws, or otherwise to consummate the transactions herein contemplated.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: • when you use the consumer seller listing tool to create listings , your fixed-price listings may renew automatically every 30 days , based on the listing terms at that time , until the quantities sell out or until you cancel the listing .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company and each Subsidiary will maintain their respective existence, good standing and qualification to do business where required and comply with all agreements, instruments, judgments, laws, regulations and governmental requirements, applicable to them or to any of their respective properties, business operations and transactions, except for such non-compliance with this Section 7 that could not reasonably be expected to have a Material Adverse Effect, and provided that nothing in this Section 7 shall prevent the merger of a Subsidiary into the Company or another Subsidiary.

assistant: Existence
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 Closing, except as specifically provided herein, the sole and exclusive remedy of any Indemnified Party for any breach or failure to be true and correct, or alleged breach or failure to be true and correct, of any representation, warranty covenant, agreement or obligation in this Agreement or the Ancillary Agreements, shall be indemnification in accordance with this Article VII . In furtherance of the foregoing, each of the Parties hereby waives, to the fullest extent permitted by applicable Law, any and all other rights, claims and causes of action (including rights of contributions, if any) known or unknown, foreseen or unforeseen, which exist or may arise in the future, that it may have against any Indemnifying Party with respect to this Agreement, the Ancillary Agreements or the transactions contemplated hereby or thereby, arising under or based upon any federal, state or local Law. Notwithstanding the foregoing, this Section 7.09 shall not operate to limit the rights of the Parties to seek equitable remedies (including specific performance or injunctive relief) or any remedies available to it under applicable Law with respect to a Party’s failure to comply with its indemnification obligations hereunder.

assistant: Remedies