flwrlabs/fed-legal huggingface dataset:
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: v. ITT Consumer Financial Corporation, 211 F.3d 1217, 1222 (11th Cir.2000) (common law ground for vacating an arbitration award under the FAA includes when an award is arbitrary or capricious); Ainsworth v. Skumick, 960 F.2d 939, 940-41 (11th Cir.l992)(arbitration award may be vacated as arbitrary and capricious when court cannot infer any ground for the awards from the facts); U.S. Postal Service v. National Association of Letter Carriers, 847 F.2d 775, 778-79 (11th Cir.1988) (award may be vacated as arbitrary and capricious if it exhibits a wholesale departure from the law). Hall Street precludes the use of any common-law grounds as an independent basis for vacatur of an arbitration award. See Royce Homes, L.P. v. Bates, 315 S.W.3d 77, 90 (Tex.App.-Houston [1st Dist.] 2010, no pet.) (<HOLDING>); LeFoumha v. Legend Classic Homes, Ltd., No. Options: A. holding that hall street restricts the grounds for vacatur to those set forth in section 10 of the faa B. holding that common law grounds such as manifest disregard of law and gross mistake were not valid grounds for vacatur of arbitration award as hall street forecloses any common law grounds for vacatur C. holding that the statutory grounds for vacatur and modification of arbitration awards may not be supplemented by contract D. holding that arbitrary and capricious ground for vacatur recognized along with the four grounds for vacatur specified in chapter 1 of the faa could not be used to vacate award under the convention E. holding that a transcript is necessary if the asserted grounds for vacatur of arbitration award are grounded in the conduct of the proceeding

assistant: The best answer is B. holding that common law grounds such as manifest disregard of law and gross mistake were not valid grounds for vacatur of arbitration award as hall street forecloses any common law grounds for vacatur
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: Maintain all authorizations, consents, approvals and licenses from, exemptions of, and filings and registrations with, each Governmental Authority of the jurisdiction in which each Foreign Borrower is organized, incorporated or established (as applicable) and existing, and all approvals and consents of each other Person in such jurisdiction, in each case that are required in connection with the Loan Documents.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: whether a claimant’s injury arose out of employment). An injury that occurs after the employment relationship ends, however, is generally not compensable under the NUA. See Law Offices of Barry Levinson v. Milko, 124 Nev. 355, 184 P.3d 378 (2008). Other courts have recognized exceptions to this general rule. See, e.g., Peterson v. Moran, 245 P.2d 540 (Cal. Ct. App. 1952) (reversing a tort judgment for an employee who was assaulted as he left the workplace immediately after being discharged); Ardoin v. Cleco Power, L.L.C., 38 So. 3d 264, 266 (La. 2010) (providing that an employee is within the course and scope of employment if his “injury occurs during the reasonable period of time for winding up his affairs”); Zygmuntowicz v. American Steel & Wire Co., 134 N.E. 385, 386-87 (Mass. 1922) (<HOLDING>); Anderson v. Hotel Cataract, 17 N.W.2d 913, Options: A. holding intentional assault by coworker to be outside the course and scope of employment B. holding that a sexual assault on a female employee was of a personal nature and not directed against the employee as part of the employment relationship C. holding that an assault that occurred immediately after the employee was discharged was in the course of the employment D. holding that an obstructionofjustice enhancement was appropriate based on the defendants assault on a witness after trial and rejecting the defendants argument that because the assault occurred after trial it could not impact the prosecution of his case E. holding that injury incurred when employee returned to retrieve paycheck six days after employment had been terminated occurred in course of employment

assistant: The best answer is C. holding that an assault that occurred immediately after the employee was discharged was in the course of the employment
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 Guarantor is the owner of a direct or indirect interest in one or both of the Borrowers and has received, or will receive, direct or indirect benefit from the making of this Guaranty with respect to the Guaranteed Obligations.

assistant: Benefits
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 Lender authorizes and directs JPMCB and/or its designated affiliate to act as Collateral Agent under the Collateral Security Agreement and or UK Security Trustee under the UK Security Documents and to enter into the Loan Documents relating to the Collateral (including, without limitation, the Collateral Security Agreement) for the benefit of the Lenders and the other Secured Parties. Each Lender agrees that any action taken by the Administrative Agent or the Required Lenders (or, where required by the express terms hereof, a different proportion of the Lenders) in accordance with the provisions hereof or of the other Loan Documents, and the exercise by the Administrative Agent, the Collateral Agent, the UK Security Trustee or the Required Lenders (or, where so required, such different proportion) of the powers set forth herein or therein, together with such other powers as are reasonably incidental thereto, shall be authorized and binding upon all of the Lenders. Without limiting the generality of the foregoing, the Administrative Agent or the Collateral Agent, as the case may be, shall have the sole and exclusive right and authority to (i) act as the disbursing and collecting agent for the Lenders with respect to all payments and collections arising in connection herewith and with the Loan Documents relating to the Collateral; (ii) execute and deliver each Loan Document relating to the Collateral and accept delivery of each such agreement delivered by the Borrower or any of its Subsidiaries, (iii) act as Collateral Agent for the Lenders and certain other Secured Parties for purposes stated in the Security Documents to the extent such perfection is required under the Loan Documents, provided , however , the Collateral Agent hereby appoints, authorizes and directs each Lender to act as collateral sub-agent for the Collateral Agent and the Lenders for purposes of the perfection of all security interests and Liens with respect to the Borrower’s and its Subsidiaries’ respective deposit accounts maintained with, and cash and Cash Equivalents held by, such Lender; (iv) manage, supervise and otherwise deal with the Collateral; (v) take such action as is necessary or desirable to maintain the perfection and priority of the security interests and liens created or purported to be created by the Loan Documents, and (vi) except as may be otherwise specifically restricted by the terms hereof or of any other Loan Document, exercise all remedies given to the Administrative Agent or the Lenders with respect to the Collateral under the Loan Documents relating thereto, applicable law or otherwise.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each Borrower shall comply with all Applicable Laws with respect to the Collateral or any part thereof or to the operation of such Borrower’s business the non-compliance with which could reasonably be expected to have a Material Adverse Effect. The assets of Borrowers at all times shall be maintained in accordance with the requirements of all insurance carriers which provide insurance with respect to the assets of Borrowers so that such insurance shall remain in full force and effect.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: preempt any State or local law, rule, regulation, or order to the extent that: (a) Compliance with both the State or local requirement and this appendix is not possible; or (b) Compliance with the State or local requirement is an obstacle to the accomplishment and execution of any requirement in this appendix. 2. The alcohol misuse requirements of this title shall not be construed to preempt provisions of State criminal law that impose sanctions for reckless conduct leading to actual loss of life, injury, or damage to property, whether the provisions apply specifically to transportation employees or employers or to the general public. 14 C.F.R. pt. 121, App. J, § 1(E). 14 . Compare Ishikawa v. Delta Airlines, Inc., 343 F.3d 1129, reh’g denied and amended by, 350 F.3d 915 (9th Cir.2003) (<HOLDING>), with Frank v. Delta Airlines, Inc., 314 F.3d Options: A. holding that because the first sentence of 45106a expressly limited the preemptive effect to inconsistent state regulation it would not infer a negative pregnant from the second sentence of subsection a that laws other than the specific state criminal laws described would be preempted B. holding federal law preempts state regulation of voip provider but expressing no opinion on applicability of state laws generally governing such companies including laws concerning taxation C. holding that in interpreting a contract we look to the conflict of laws rules of the forum state to determine which states laws will be controlling D. holding that under separation of powers the legislative department makes the laws the executive department carries the laws into effect and the judicial department interprets and declares the laws E. holding that the narrow scope of the savings clause found in the second sentence of subsection a implied a broad scope of preemption for subsection a because the court concluded the second sentence would hardly have seemed necessary if state law were only narrowly preempted

assistant: The best answer is A. holding that because the first sentence of 45106a expressly limited the preemptive effect to inconsistent state regulation it would not infer a negative pregnant from the second sentence of subsection a that laws other than the specific state criminal laws described would be preempted
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: except for such updated terms , this agreement may not be modified except by mutual written agreement between you and linden lab that is signed by hand ( not electronically ) by duly authorized representatives of both parties and expressly references amendment of this agreement .

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: any such changes ( other than crowdtangle 's right to change these terms of service ) will not amend any conflicting provisions in a hardcopy subscription order entered into between you and crowdtangle prior to the time such changes are made .

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: 5.2 the airbnb platform , airbnb content , and member content may in its entirety or in part be protected by copyright , trademark , and/or other laws of the united states and other countries .

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: quite clearly the result of a contested process and involved the submission of evidence and arguments by both parties. The DWD issued what it deemed "the department's review of the initial determination and final determination in this matter." ¶ 33. The other cases Plaintiffs cite for the proposition that discretionary agency decisions are not "final agency decisions subject to judicial review" are likewise inapplicable and unpersuasive. See Wis. Environmental Decade v. Public Service Comm'n, 93 Wis. 2d 650, 659, 287 N.W.2d 737 (1980) (determining that an order denying a petition for an investigation did not qualify as an administrative decision for purposes of judicial review under Wis. Stat. Chap. 227); Tyler v. State Dep't. of Public Welfare, 19 Wis. 2d 166, 119 N.W.2d 460 (1963) (<HOLDING>); and Wisconsin Professional Police Ass'n v. Options: A. holding that there is no constitutional right to representation by counsel at a parole revocation B. holding that habeas petition challenging the state boards decision to defer his scheduled parole release date was rendered moot by prisoners release from custody on parole and subsequent incarceration for violating his parole C. holding that there is no due process right to appellate review D. holding that parole is not a right in pennsylvania E. holding that there was no legal right to court review of parole board decision because there is no legal right to release on parole

assistant: The best answer is E. holding that there was no legal right to court review of parole board decision because there is no legal right to release on parole
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: Interest is payable monthly on the Payment Date of each month and shall be computed on the basis of a three hundred sixty (360) day year for the actual number of days elapsed. In computing interest, (i) all payments received after 12:00 p.m. Pacific time on any day shall be deemed received at the opening of business on the next Business Day, and (ii) the date of the making of any Credit Extension shall be included and the date of payment shall be excluded; provided, however, that if any Credit Extension is repaid on the same day on which it is made, such day shall be included in computing interest on such Credit Extension.

assistant: Payments
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 Issuers agree to supplement or make amendments to the Shelf Registration Statement as and when required by the rules, regulations or instructions applicable to the registration form used for such Shelf Registration Statement or by the Securities Act or rules and regulations thereunder for shelf registration, or if reasonably requested by the Holders of a majority in aggregate principal amount of the Registrable Notes covered by such Registration Statement or by any underwriter of such Registrable Notes; provided , however , that the Issuers shall not be required to supplement or amend any Shelf Registration Statement upon the request of a Holder or any underwriter if such requested supplement or amendment would, in the good faith judgment of the Company (based on advice of counsel), violate the Securities Act, the Exchange Act or the rules and regulations promulgated thereunder.

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 legal provision and list the applicable contract clause categories. Provision: (a) Any and all payments by or on account of any obligation of any Loan Party hereunder or under any other Loan Document shall be made free and clear of and without deduction for any Taxes, except as required by applicable law; provided that if an applicable law (as determined in the good faith discretion of an applicable Withholding Agent) requires the deduction or withholding of any Tax from any such payment, then the applicable Withholding Agent shall be entitled to make such deduction or withholding and shall timely pay the full amount deducted or withheld to the relevant Governmental Authority in accordance with applicable law and, if such tax is an Indemnified Tax or an Other Tax, then the sum payable by the applicable Loan Party shall be increased as necessary so that after making all such required deductions or withholdings (including such deductions or withholdings applicable to additional sums payable under this Section), the Agent, Lender or the Issuing Bank (as applicable) receives an amount equal to the sum it would have received had no such deductions or withholdings been made. If at any time a Loan Party is required by applicable law to make any deduction or withholding from any sum payable hereunder, such Loan Party shall promptly notify the relevant Lender, Agent or the Issuing Bank upon becoming aware of the same. In addition, each Lender, Agent or the Issuing Bank shall promptly notify a Loan Party upon becoming aware of any circumstances as a result of which a Loan Party is or would be required to make any deduction or withholding from any sum payable hereunder.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all such separate counterparts shall together constitute but one and the same instrument. In proving this Agreement in any judicial proceedings, it shall not be necessary to produce or account for more than one such counterpart signed by the party against whom such enforcement is sought. Any signatures delivered by a party by facsimile transmission or by e-mail transmission shall be deemed an original signature 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: Read the legal provision and list the applicable contract clause categories. Provision: In consideration of the rights granted to Executive hereunder, Executive hereby agrees that during the Term of this Agreement and at all times after the termination of his employment with the Company , he will hold in confidence all information concerning the Company or its business, including, but not limited to contract terms, financial information, operating data, or business plans or models, whether for existing, new or developing businesses, and any other proprietary information (hereinafter, collectively referred to as the "Proprietary Information"), whether communicated orally or in documentary or other tangible form. The Parties to this Agreement recognize that the Company has invested considerable amounts of time and money in attaining and developing all of the information described above, and any unauthorized disclosure or release of such Proprietary Information in any form would irreparably harm the Company.

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 case excerpt and choose the best holding from the options. Case excerpt: court must indulge every possible inference in favor of the party against whom summary judgment was granted. Wills, 351 So.2d at 32. Moreover, in negligence cases, summary judgment should be cautiously granted. Gonzalez v. B&B Cash Grocery Stores, Inc., 692 So.2d 297, 299 (Fla. 4th DCA 1997)(citing Moore v. Morris, 475 So.2d 666, 668 (Fla.1985)); Johnson v. Treasure Coast Plaza, Ltd., 670 So.2d 1199, 1201 (Fla. 4th DCA 1996). The issue of negligence, and more specifically, the determination of proximate cause, is ordinarily a question that should be left for a jury. McDonald v. Fla. Dep’t of Transp., 655 So.2d 1164, 1168 (Fla. 4th DCA 1995); Grail v. Risden, 167 So.2d 610, 612 (Fla. 2d DCA 1964); see Sol Walker & Co. v. Seaboard Coast Line R.R. Co., 362 So.2d 45, 50 (Fla. 2d DCA 1978)(<HOLDING>). Further, “[u]nless a movant can show Options: A. holding that a physicians negligence need only be a proximate cause not the proximate cause of plaintiffs injury B. holding where reasonable difference of opinion as to whether the defendants act was the or a proximate cause of the injury the matter is for the jury to decide C. holding that negligence must be the proximate cause of injury D. holding that whether the negligent acts of parties combined to become the proximate cause of the injury was a question for the jury E. holding that for a plaintiff to recover on claim of negligent hiring the negligent hiring of the employee must have been the proximate cause of the injury at issue

assistant: The best answer is D. holding that whether the negligent acts of parties combined to become the proximate cause of the injury was a question for the jury
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) There are no actions, suits or proceedings by or before any arbitrator or Governmental Authority pending against or, to the knowledge of the Borrowers, threatened against or affecting the Company or any of its Subsidiaries (i) as to which there is a reasonable possibility of an adverse determination and that, if adversely determined, could reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect (other than the Disclosed Matters) or (ii) that involve this Agreement, the other Loan Documents or the Transactions.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: 298 Minn. at 454, 215 N.W.2d at 610. “[E]aeh case must be decided upon its own facts.” Id. Although the United States Supreme Court has avoided establishing clear-cut guidelines as to what constitutes manifest necessity, federal case law has set forth certain criteria upon which a court’s discretion can be measured. The manifest necessity standard “is a flexible standard which seeks fairness to the defendant, the government, and the public interest alike.” United States v. Givens, 88 F.3d 608, 613 (8th Cir.1996). In reviewing a trial court’s exercise of discretion and in determining whether the mistrial was manifestly necessary, one thing we consider is whether the court adequately assessed less drastic alternatives. See United States v. Dixon, 913 F.2d 1305, 1311 (8th Cir.1990) (<HOLDING>). We also look to see whether the court gave Options: A. holding that consultation with counsel and consideration of available alternatives are consistent with exercise of sound discretion B. recognizing that agencies have discretion to identify the range of reasonable alternatives C. holding that the decision to transfer rests within the sound discretion of the court D. holding failure to exercise discretion is abuse of discretion E. holding that motions to vacate a judgment are addressed to the sound discretion of trial justice

assistant: The best answer is A. holding that consultation with counsel and consideration of available alternatives are consistent with exercise of sound discretion
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: could constitute objective indicia of Israel’s knowledge of the underlying felony that the State was alleging that he committed. At best, the record reveals that Israel suspected that the underlying felony alleged was Terroristic Threatening in the First Degree and made arguments based on that suspicion in his motion to dismiss; such suspicion does not rise to the lev ulars was supplied by the State and there is nothing in the record to suggest that any materials provided in response to Israel’s discovery requests identified the underlying felony alleged as part of the HRS § 134-6(a) charge. Moreover, the State cannot rely on the mere possibility that the underlying felony might have been revealed by a bill of particulars or via discovery. Cf. Robins, 66 Haw. at 316, 660 P.2d at 42 (<HOLDING>). Therefore, we hold that the State failed to Options: A. holding that discovery under the federal rules of civil procedure is broad in scope and freely permitted B. recognizing that the scope of issues in interlocutory appeals is limited C. recognizing that the facts that a bill of particulars is discretionary with the judge pursuant to hrpp rule 7a and that other discovery rules are limited in scope might prevent a defendant from discovering the states position D. recognizing that while summary judgment is improper if the nonmovant is not afforded a sufficient opportunity for discovery it is the nonmovants responsibility to inform the district court of the need for discovery by filing an affidavit pursuant to rule 56f of the federal rules of civil procedure or filing a motion requesting additional discovery E. holding that a discovery exception to a statute of limitation applies only to the discovery of facts not discovery of the law

assistant: The best answer is C. recognizing that the facts that a bill of particulars is discretionary with the judge pursuant to hrpp rule 7a and that other discovery rules are limited in scope might prevent a defendant from discovering the states position
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: Any and all notices or other communications or deliveries required or permitted to be provided hereunder shall be in writing and shall be deemed given and effective on the earliest of: (a) the date of transmission, if such notice or communication is delivered via facsimile at the facsimile number or email attachment at the email address as set forth on the signature pages attached hereto at or prior to 5:30 p.m. (New York City time) on a Trading Day, (b) the next Trading Day after the date of transmission, if such notice or communication is delivered via facsimile at the facsimile number or email attachment at the email address as set forth on the signature pages attached hereto on a day that is not a Trading Day or later than 5:30 p.m. (New York City time) on any Trading Day, (c) the second (2nd) Trading Day following the date of mailing, if sent by U.S. nationally recognized overnight courier service or (d) upon actual receipt by the party to whom such notice is required to be given. The address for such notices and communications shall be as set forth on the signature pages attached hereto.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Parker, we vacate the sentence and remand for resen-tencing. Nearly a month before trial, Parker opted to waive his right to counsel and elected to represent himself. At that time, the trial court conducted a Faretta inquiry and allowed Parker to represent himself throughout the trial. However, when the jury returned with the guilty verdict, the trial court proceeded immediately to sentencing without renewing the offer of counsel. In doing so, the trial court erred. “Once a defendant waives the right to counsel in a criminal case, the court must renew the offer of counsel at each subsequent critical stage of the proceedings, one of which is sentencing.” Serrano v. State, 113 So.3d 895, 896 (Fla. 2d DCA 2012); see also Ingraham v. State, 32 So.3d 761, 768-69 (Fla. 2d DCA 2010) (<HOLDING>). Accordingly, we affirm the judgment, vacate Options: A. holding that the filing of a motion for a new trial is a critical stage of the prosecution and that an indigent defendant is constitutionally entitled to the assistance of counsel at that stage B. holding postindictment lineup is critical stage of trial at which defendant is entitled to presence of counsel C. holding that sentencing is a critical stage of criminal proceedings and the offer of counsel must be renewed at each critical stage where the defendant appears without counsel D. recognizing that brooks protects against denial of counsel at a critical stage of his trial E. holding that posttrial motion for new trial is critical stage requiring counsel or valid waiver

assistant: The best answer is C. holding that sentencing is a critical stage of criminal proceedings and the offer of counsel must be renewed at each critical stage where the defendant appears without 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 following U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 378 U.S. 585 84 S.Ct. 1935 12 L.Ed.2d 1042 Theodore C. RUARK,v.COLORADO. No. 1173, Misc. Supreme Court of the United States June 22, 1964 Theodore C. Ruark, pro se. Duke W. Dunbar, Atty. Gen. of Colorado, Frank E. Hickey, Deputy Atty. Gen., and John E. Bush, Asst. Atty. Gen., for respondent. On Petition for Writ of Certiorari to the Supreme Court of Colorado. PER CURIAM. 1 The motion for leave to proceed in forma pauperis and the petition for writ of certiorari are granted. The judgment is vacated and the case is remanded to the Supreme Court of Colorado for consideration in light of Douglas v. California, 372 U.S. 353, 83 S.Ct. 814, 9 L.Ed.2d 811. 2 Mr. Justice HARLAN, dissenting. 3 For the reasons stated in my dissenting opinion in Smith v. Crouse, 378 U.S. 584, 84 S.Ct. 1929, I would set this case for argument.

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 legal provision and list the applicable contract clause categories. Provision: Any notice required or permitted under the terms of this Agreement shall be in writing and shall be deemed sufficient when delivered personally or sent by confirmed email, telegram, or fax or forty-eight (48) hours after being deposited in the U.S. mail, as certified or registered mail, with postage prepaid, and addressed to the Company at the Company’s principal corporate offices or to the Optionee at the address maintained for the Optionee in the Company’s records or, in either case, as subsequently modified by written notice to the other party.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: to evaluate whether the prosecutors’ justifications should have been accepted. As the record reflects, the state appellate court reasonably determined that the trial court had not observed Juror 016’s demeanor but nonetheless accepted this alternate reason for striking Juror 016 on the basis of the prosecutor’s credibility. Because the trial court did not observe Juror 016’s demeanor, the critical question here is whether the appellate court’s determination that the trial court properly credited the prosecutor’s representation was unreasonable. Notably, the basis for the state appellate court’s determination was its conclusion that there was “nothing in the present record” to indicate that the trial court did not conduct a searching inquiry in giving the prosecutor the bene .1998) (<HOLDING>). In addition, the trial court judge rejected Options: A. holding that questions of procedure are for the arbitrator not the courts B. holding that different justifications for an adverse action are not sufficient to defeat summary judgment when those reasons are not incompatible C. holding that affidavits are sufficient if they describe the justifications for nondisclosure with reasonably specific detail demonstrate that the information withheld logically falls within the claimed exemption and are not controverted by either contrary evidence in the record nor by evidence of agency bad faith D. holding that serious questions of pretext arise when the facts in the record are objectively contrary to the prosecutors proffered justifications E. holding the record did not contain enough facts to determine whether the statute was constitutional as applied to the particular facts and circumstances of the case

assistant: The best answer is D. holding that serious questions of pretext arise when the facts in the record are objectively contrary to the prosecutors proffered justifications
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 broker, investment banker, financial advisor or other person is entitled to any broker’s, finder’s, financial advisor’s or other similar fee or commission in connection with the Transactions based upon arrangements made by or on behalf of e-Marine.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: for all others , including those who live outside of the united states , you agree that the laws of the state of california , u.s.a. , excluding its conflict of laws rules , shall exclusively govern any dispute relating to this contract and/or the services .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Effective as of the Amendment Date, the Employment Agreement is amended as provided herein. Unless otherwise stated, all section number references are to sections in the Employment Agreement. Except as otherwise defined in this Amendment, the capitalized terms in this Amendment shall have the same meaning as such terms have in the Employment 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 legal provision and list the applicable contract clause categories. Provision: Each Borrower and each of its Subsidiaries has timely filed or caused to be filed all federal and, to the extent the failure to timely file such return could reasonably be expected to result in a Material Adverse Effect, other tax returns which are required to be filed and has paid or caused to be paid all taxes (including interest and penalties) shown to be due and payable on said returns or on any assessments made against it or any of its property and all other taxes, fees or other charges imposed on it or any of its property by any Governmental Authority (other than any tax, fee or other charge the failure to pay which could not reasonably be expected to have a Material Adverse Effect or the amount or validity of which is currently being contested in good faith by appropriate proceedings and with respect to which reserves in conformity with GAAP have been provided on the books of the applicable Borrower or such Subsidiary, as the case may be); and no tax Lien has been filed, and, to the knowledge of each Borrower, no claim is being asserted, with respect to any such tax, fee or other charge, other than any such Lien or claim which could not reasonably be expected to have a Material Adverse Effect.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Amendment shall be dated as of and shall be binding, effective and enforceable upon the date of satisfaction of all conditions set forth in Section 4 hereof, and from and after such date this Amendment shall be binding upon the Borrowers, each Lender and the Administrative Agent, and their respective successors and assigns permitted by the Credit Agreement.

assistant: Effective Dates
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: 6.2 as part of youtube 's copyright policy , youtube will terminate user access to the / service if a user has been determined to be a repeat infringer .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: or storage. The Carr affidavit provided no basis to either limit the possible sites or suggest that Rowland’s home was more likely than the otherwise endless possibilities. As a consequence, the possible inference that Rowland would take the tapes home, in and'of itself, is insufficient to provide a substantial basis for concluding there was probable cause to believe the contraband would be in Rowland’s home at the time the search was to take place. Given the absence of any facts in the affidavit linking the contraband to Rowland’s home, the magistrate had no information from which to determine, at the time he issued the warrant, there was probable cause to believe the contraband would be at Rowland’s residence when the search was to take place. Cf. Hendricks, 743 F.2d at 654-56 (<HOLDING>); State v. Goble, 88 Wash.App. 503, 945 P.2d Options: A. holding anticipatory warrant for search of defendants home was invalid because facts made known to magistrate did not establish at time warrant was issued the required nexus between the contraband to be seized which was mailed to defendants post office box and defendants home B. holding anticipatory warrant for search of defendants home was invalid when defendant was required to pick up suitcase containing contraband at airport and there was no information indicating defendant would take suitcase home or otherwise linking defendants residence to illegal activity C. holding anticipatory warrant for search of defendants home was invalid because affidavit provided no assurance that defendant would take package to his home after collecting it at the airport despite fact that warrant contained condition that it was not to be executed until package arrived at defendants house D. holding anticipatory warrant was invalid for lack of probable cause because at time warrant was issued the contraband was not on a sure course to the place to be searched and there was no assurance defendant would take contraband to that place E. holding anticipatory warrant for search of defendants home was invalid because contraband was picked up by defendant rather than being delivered to his home and affidavit failed to provide facts establishing a nexus between contraband and defendants home

assistant: The best answer is B. holding anticipatory warrant for search of defendants home was invalid when defendant was required to pick up suitcase containing contraband at airport and there was no information indicating defendant would take suitcase home or otherwise linking defendants residence to illegal activity
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: this suit ... was a necessary incident to the attorney’s effort to establish [the defendants’ claim].” Id. Unlike Bosurgi, however, the plaintiffs allegations provide no “basis for an inference” that CARCO conferred authority on Steele to receive service. Cf. Santos v. State Farm Fire and Casualty Co., 902 F.2d 1092,1094 (2d Cir.1990) (noting that service on defendant State Farm’s attorneys was improper where the plaintiff offered “no basis for an inference that State Farm had authorized its attorneys to accept service of process”). Accordingly, the court determines that the plaintiff has not shown that Steel was an agent of CARCO for service and that the plaintiffs service on CARCO was therefore deficient. United States v. Ziegler Bolt and Parts Co., Ill F.3d 878, 881 (Fed.Cir.1997) (<HOLDING>); J. and L. Parking Corp. Inc. v. United Options: A. holding that even where an attorney exercises broad powers to represent a client in litigation these powers of representation alone do not create a specific authority to receive service B. recognizing a state agencys powers are limited to 1 C. recognizing separation of powers doctrine D. holding that states grant of general corporate powers to hospital authorities does not include permission to use those powers anticompetitively E. holding that an attorney may only undertake to represent a new client against a former client where there is no confidential information received from the former client that is in any way relevant to representation of the current client

assistant: The best answer is A. holding that even where an attorney exercises broad powers to represent a client in litigation these powers of representation alone do not create a specific authority to receive service
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: except when the court extends the time on reasonable notice and for good cause. The court may impose such terms for the extension of time as justice requires. (3) When the initial pleading does not show that the action is founded on a duly recorded instrument or on a lien claimed under part I of chapter 713, the court may control and discharge the notice of lis pendens as the court may grant and dissolve injunctions. § 48.23, Fla. Stat. (2006)(emphasis added). The case law construing the lis pendens statute makes it clear that the statutory language “founded on a duly recorded instrument” imposes the strict requirement that the lawsuit must be based on the terms contained in the recorded document itself. See American Legion Community Club v. Diamond, 561 So.2d 268, 272 (Fla.l990)(<HOLDING>). See also DeGuzman v. Balsini 930 So.2d 752, Options: A. holding that the phrase or ganic diseases of the nervous system contained in 38 usc 11013 was ambiguous because the statute did not define the phrase B. holding that a phrase should be interpreted consistent with the context of the statute in which it is contained C. holding that in construing an instrument any apparently conflicting expressions should be reconciled if possible so as to give full effect to all provisions contained in the instrument D. holding that the possibility of a mistaken understanding of the phrase preponderance of the evidence on the part of the jury is too remote to constitute plain error when counsel gave the jury an accurate explanation of the legal meaning of the phrase in his closing argument and that meaning is consistent with the common understanding of the words in the phrase E. holding that the phrase founded on a duly recorded instrument in the lis pendens statute applies only to those cases in which the suit is based on the terms and provisions contained in the recorded document

assistant: The best answer is E. holding that the phrase founded on a duly recorded instrument in the lis pendens statute applies only to those cases in which the suit is based on the terms and provisions contained in the recorded document
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 term “Employment” as used herein shall be deemed to refer to (i) a Participant’s employment if the Participant is an employee of the Company or any of its Subsidiaries, (ii) a Participant’s services, if the Participant is another form of service provider to the Company or any of its Subsidiaries, and (iii) a Participant’s services as a non-employee director, if the Participant is a non-employee member of the Board.

assistant: Employment
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: (citing Shepard, 544 U.S. at 26, 125 S.Ct. 1254). The court then compares the elements of the crime of conviction with those of the generic offense. Descamps, 133 S.Ct. at 2281. During oral argument, the question was raised as to whether W. Va. Code § 61 — 3— 11(a) is divisible because it states alternative locational elements. See W. Va. Code § 61 — 3— 11(a) (criminalizing entry into a "dwelling house, or an outhouse” (emphasis added)). Neither party briefed this issue, and the district court did not address it below. Moreover, there are no Shepard documents in the record pertinent to Defendant’s West Virginia burglary convictions. We therefore need not and do not reach the question of divisibility to resolve this appeal. See United States v. McLeod, 808 F.3d 972, 977 (4th Cir. 2015) (<HOLDING>). Nor do we express any view as to whether W. Options: A. holding that application of the modified categorical approach did not establish a covered conviction where the judgment of conviction did not contain the factual basis for the crime B. holding that virginia burglary statute comes within definition of generic burglary C. holding that a conviction under a divisible statute could not qualify as acca burglary pursuant to the modified categorical approach when there were no shepard documents to show that the crime of conviction was generic burglary D. holding modified categorical approach unavailable where the statute of conviction was missing an element of the generic definition E. holding that iowa burglary is not categorical burglary as the elements of iowa burglary law are broader than those of generic burglary

assistant: The best answer is C. holding that a conviction under a divisible statute could not qualify as acca burglary pursuant to the modified categorical approach when there were no shepard documents to show that the crime of conviction was generic burglary