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: against Brent Brown is not grossly disproportional. In reaching this conclusion, we first note that the Commission correctly narrowed the definition of “offense” to include only the number of unlicensed salespeople who had sold at least one car, and by not counting unlicensed salespeople who had not sold any vehicles, the Commission properly imposed the penalty scheme adopted by the legislature. That scheme provides a mathematical formula that calculates the precise amount of the fine, rather than a range. Thus, there is no difference between the maximum fine allowed and what was imposed. ¶20 F ntrast to Bajakajian, which involved a single violation, the fine at issue was not excessive because “[t]here were multiple ill nternational Trade Comm’n, 161 F.3d 1347, 1363-65 (Fed.Cir.1998) (<HOLDING>), and United States v. Bieri, 68 F.3d 232, 237 Options: A. holding that trade commissions 155 million penalty was well within constitutional limits even though fine was three times the value of infringing imports B. holding imposition of a further sum for excess of value of imported goods over declared value to be a penalty within jurisdiction of the federal district court though not expressly so declared C. holding that district court was not empowered to increase sentence by amending judgment to include a fine of 100 not even the suspension of payment of the fine changed the fact that the sentence was illegally increased D. holding that the 4 penalty of section 5 9lc9 was a fine for purposes of presentence incarceration credit E. holding that the failure to impose a mandatory fine requires that the matter be remanded for imposition of that fine

assistant: The best answer is A. holding that trade commissions 155 million penalty was well within constitutional limits even though fine was three times the value of infringing imports
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: occurs prior to the fraud. The alleged fraud must be prior to or contemporaneous with the securities transaction in question.” Perez-Rubio v. Wyck-off, 718 F.Supp. 217, 236 (S.D.N.Y.1989) (cited in Dietrich v. Bauer, 76 F.Supp.2d 312, 342 (S.D.N.Y.1999)). The fraud alleged by plaintiffs dates back to the first day of the relevant class period, February 19, 1998. Plaintiffs allege a continuous fraudulent scheme by defendants, and not that defendants only engaged in fraudulent acts when they announced in their February 1999 press release that the IPR & D figures for the acquisition of Rosetta and Sense8 were going to have to be changed. Further, the Supreme Court has approved of the “fraud on the market theory.” Basic Inc. v. Levinson, 485 U.S. 224, 241-50, 108 S.Ct. 978, 99 L.Ed.2d 194 (<HOLDING>). Plaintiffs impliedly allege that they relied Options: A. holding that reliance is not a required element of securities fraud in a state enforcement action in idaho B. holding that reliance is not an element to be proven under securities fraud in indiana C. holding reliance is still an element of a 10b5 action and that the fraud on the market theory subject to rebuttal is applicable to meet the reliance element in securities fraud cases where corporations make materially misleading statements in an impersonal and efficient market D. holding that reasonable reliance is not an element of the defense E. holding that reliance may be established by proof that securities not traded on the open market could not have been issued at all but for a fraudulent scheme of the defendants the plaintiff still had to prove that he relied on the integrity of the offerings of the securities market

assistant: The best answer is C. holding reliance is still an element of a 10b5 action and that the fraud on the market theory subject to rebuttal is applicable to meet the reliance element in securities fraud cases where corporations make materially misleading statements in an impersonal and efficient market
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: In the event of default or breach by any party, any and all remedies set forth in the above paragraphs are intended to be non-exclusive, and any party may, in addition to said remedies, seek any additional remedies available either at law or equity.

assistant: Remedies
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 is not expected to result in a Material Adverse Effect, other than the Claims, there is no claim, action, suit, proceeding, arbitration, investigation or inquiry pending before any governmental entity, or to the knowledge of PARKERVISION, threatened against PARKERVISION or any of its assets. Except as is not expected to result in a Material Adverse Effect, there is not in existence at present and, except in connection with the Claims, PARKERVISION is not aware of the potential for any order, judgment or decree of any court or other tribunal or any agency enjoining or requiring PARKERVISION to take any action of any kind or to which PARKERVISION or its assets are subject or bound.

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: discussed, Plaintiffs’ claims and alleged injuries are educational based, and the fact that Plaintiffs contend that the current educational plan is sufficient does not render exhaustion futile. At its heart, this dispute is about a failure to sufficiently provide a public education to Justin and the adverse educational consequences of that failure. Requiring Plaintiffs to proceed under the IDEA’S administrative process in such a case is not futile. See Charlie v. Bd. of Educ. of Skokie Sch., 98 F.3d 989, 993 (7th Cir.1996) (Easterbrook, C.J.) (“Both the genesis and the manifestations of the problem are educational; the IDEA offers comprehensive educational solutions; we conclude, therefore, that at least in principle relief is available under the IDEA.”); N.B., 84 F.3d at 1379 (<HOLDING>); Robb v. Bethel Sch. Dist., 308 F.3d 1047, Options: A. holding that exhaustion is required under the plra even if the plaintiff seeks only money damages and money damages are not available as relief B. holding that a procedural default in exhausting administrative remedies bars relief in federal court C. holding that a party may gain judicial review without exhausting its administrative remedies where pursuit of administrative remedies would be futile where strict compliance would cause irreparable harm and where the applicable statute is alleged to be void on its face D. holding that declaratory judgment was inappropriate where after exhausting administrative remedies a contractor would have to bring separate actions against the state and other parties in state court E. holding that a plaintiff may not avoid exhausting the administrative remedies by requesting money damages

assistant: The best answer is E. holding that a plaintiff may not avoid exhausting the administrative remedies by requesting money damages
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 hereunder by either Party to the other shall be given in writing by personal delivery, email (with confirmation from the receiving party), facsimile, overnight courier or certified mail, return receipt requested, addressed, if to the Company, to the attention of the Executive Chairman at the Company’s executive offices or to such other address as the Company may designate in writing at any time or from time to time to Employee with a copy (which shall not constitute notice) to the Company’s General Counsel at the Company’s executives offices, and if to Employee, to Employee’s most recent address and contact information on file with the Company. Notice shall be deemed given, if by personal delivery or by overnight courier, on the date of such delivery or, if by facsimile, on the business day following receipt of delivery confirmation, if by email, on the date confirmation from the receiving Party is received by the Party providing notice, or, if by certified mail, on the date shown on the applicable return receipt.

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: challenging this action should have been made before his complaint was dismissed in its entirety. 4 . Our circuit has considered the question of what constitutes a "substantial burden" on religious free olding that prison officials did not place a “substantial burden” on fundamentalist, separatist inmate’s free exercise rights by failing to provide a spiritual advisor who shared inmate’s separatist beliefs). 6 . Rejecting the substantial burden test would not mean that every possible restriction on religious practices is a violation. There may be inconveniences so trivial that they are most properly ignored. In this respect, this area of the law is no different from many others in which the time-honored maxim “de minimis non curat lex ” applies. Having said that, we wish 0th Cir.1999) (<HOLDING>); Ashelman v. Wawrzaszek, 111 F.3d 674, 677 Options: A. holding that district court erred in dismissing inmates complaint for failure to exhaust administrative remedies when court did not address inmates allegation that prison officials failed to provide necessary grievance forms B. holding that prison officials failure to accommodate inmates meal requirements during ramadan violated his free exercise rights C. holding inmates have no constitutional right to receive a particular or requested course of treatment and prison doctors remain free to exercise their independent medical judgment D. holding prison officials ultimately violated the plaintiffs right to be free from cruel and unusual punishment E. holding a muslim prisoners free exercise claim failed because even though the prison did not provide him with halal meat he could comply with his religious requirements by simply eating a vegetarian meal and therefore the disputed policy did not force the prisoner to violate his religion

assistant: The best answer is B. holding that prison officials failure to accommodate inmates meal requirements during ramadan violated his free exercise rights
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: Texas Supreme Court’s discussion of the Stowers Exception claim in Phillips II is merely dicta. Even assuming arguendo that MedPro is correct, it is judicial dictum, and this court is obligated to follow its reasoning. Texas law distinguishes between obiter dictum, which is a judicial statement made in passing, and judicial dictum, which is “articulated very deliberately after mature consideration.” Elledge v. Friberg-Cooper Water Supply Corp., 240 S.W.3d 869, 870 (Tex.2007) (per curiam) (citations and internal quotation marks omitted). Lower courts need not follow obiter dictum. But judicial dictum "is at least persuasive and should be followed unless found to be erroneous.” Palestine Contractors, Inc. v. Perkins, 386 S.W.2d 764, 773 (Tex. 1965); see also Elledge, 240 S.W.3d at 870 (<HOLDING>). The discussion of the Stowers Exception claim Options: A. holding federal district courts do not have jurisdiction over challenges to state court decisions in particular cases arising out of judicial proceedings even if those challenges allege that the state courts action was unconstitutional review of those decisions may be had only in this united states supreme court B. holding abuse of discretion is the proper standard for reviewing award of attorney fees in patent cases although questions of law may in some cases be relevant C. holding that although not essential to the outcomes of two previous cases the court of appeals should have followed the texas supreme courts statements in those cases D. holding that the court of appeals has jurisdiction over murder cases under the constitution even if thornton directs such cases to be transferred to the supreme court E. recognizing that the supreme court in those cases was principally concerned with congressional intent but finding that the constitutional question was not far from the courts mind

assistant: The best answer is C. holding that although not essential to the outcomes of two previous cases the court of appeals should have followed the texas supreme courts statements in those cases
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: conviction offense (not just the particular lesser-included offense involved in this case) that did not meet the criteria for a lesser-included offense under part (f) or part (g) is subject to reversal on habeas co WL 2849510, at *3 (Tenn. Crim. App. July 11, 2012) (stating that standard of review for admissibility of evidence is abuse of discretion). But see Perry, 2012 WL 2849510, at *7 (Bivins, J., concurring) (applying de novo standard. of review to hearsay issues); State v. Gilley, 297 S.W.3d 739, 760 (Tenn. Crim. App. 2008) (stating that whether a statement is offered to prove the truth of the matter asserted is "necessarily .., a question of law” and is not subject to review under abuse of discretion standard); State v. Schiefelbein, 230 S.W.3d 88, 128 (Tenn. Crim. App. 2007) (<HOLDING>). 6 . Tangential to his argument with respect Options: A. holding that the question of substantial noncompliance with the requirements of a permanency plan was a question of law reviewed de novo with no presumption of correctness B. holding that trial courts determination of facts has a presumption of correctness but trial courts legal conclusions are subject to de novo review C. holding that appellate review of hearsay issues is de novo with no presumption of correctness D. holding that the appellate standard of review of ineffectiveness claim is de novo E. holding that we review issues of statutory interpretation de novo

assistant: The best answer is C. holding that appellate review of hearsay issues is de novo with no presumption of correctness
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’s order sanctioning them for bad faith under the bankruptcy court’s inherent authority. Reviewing the sanctions order for abuse of discretion, Miller v. Cardinale (In re DeVille), 361 F.3d 539, 547 (9th Cir.2004), we affirm. 1. Appellants received appropriate notice and process, and the bankruptcy court did not violate their due process rights. The BAP correctly held that the sanctions here were civil in nature because they were compensatory. See Lasar v. Ford Motor Co., 399 F.3d 1101, 1111 (9th Cir.2005) (“It is well-established that compensatory fines are civil sanctions in the context of contempt proceedings.”). 2. The BAP correctly held that Appellants failed to show prejudice from the alleged ex parte communication. See Ludwig v. Astrue, 681 F.3d 1047, 1055 (9th Cir.2012) (<HOLDING>). Given the nature of the communication at Options: A. holding that special damages must be shown to be reasonable and necessarily resulting from accident B. holding that a defendant must make a colorable showing that an ex parte communication occurred C. holding that bad faith andor prejudice must be shown by clear and convincing evidence D. holding that illegal ex parte contacts with an agency only make agency action voidable so prejudice must be shown E. holding that prejudice must be shown from an ex parte communication

assistant: The best answer is E. holding that prejudice must be shown from an ex parte communication
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 (including the Exhibit hereto) constitutes the entire agreement among the parties hereto with respect to the subject matter hereof and supersedes all other prior agreements and understandings, both written and oral, among the parties hereto with respect to the subject matter hereof.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Any dispute regarding the interpretation of this Agreement shall be submitted by the Holder or by the Company forthwith to the Committee for review. The resolution of such a dispute by the Committee shall be final and binding on all parties .

assistant: Interpretations
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 Lender may at any time, without the consent of, or notice to, the Borrowers or the Administrative Agent, sell participations to any Person (other than (A) a natural person or (or a holding company, investment vehicle or trust for, or owned and operated for the primary benefit of, a natural Person), (B) any Defaulting Lender or any of its Subsidiaries, or any Person who, upon becoming a Participant hereunder, would constitute a Defaulting Lender or a Subsidiary thereof, (C) a Sanctioned Person or (D) any Borrower or any of such Borrower’s Affiliates or Subsidiaries) (each, a “ Participant ”) in all or a portion of such Lender’s rights and/or obligations under this Agreement (including all or a portion of its Commitment and/or the Loans owing to it); provided that (i) such Lender’s obligations under this Agreement shall remain unchanged, (ii) such Lender shall remain solely responsible to the other parties hereto for the performance of such obligations and (iii) the Borrowers, the Administrative Agent, the Lenders, and the Issuing Lender shall continue to deal solely and directly with such Lender in connection with such Lender’s rights and obligations under this Agreement.

assistant: Participations
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 the transaction. This highly generalized step is nothing but a recitation of a step inherent in the concept of an escrow.. Further, the record again shows that bookkeepers have long kept track of accounts in this fashion as a basic form of bookkeeping. Appellant’s Br. 39 (citing Richard A. Brown, A History of Accounting and Accountants 93 (1905)). The step is not just predominant in the prior art, but an inherent part of any escrow arrangement. The second claimed step involves obtaining the values for the previously created accounts to allow for their later manipulation. This generalized step is also inherent in the concept of an escrow. To determine the credit to one party and the debit to the other requires a starting place for the adjustments. Cf. Bilski, 130 S.Ct. at 3231 (<HOLDING>). This step only recites another inherent Options: A. holding that 2253 analysis may be done at the time the claim for relief is determined B. holding that because a valid arbitration clause existed the parties had to arbitrate all disputes when the subject matter of the dispute has a reasonable relationship to the subject matter of the contract C. holding claim not directed to patenteligible subject matter because establishing inputs for the equation required done according to wellknown techniques D. holding that a softwarebased invention that improves the performance of the computer system itself recites patenteligible subject matter alteration in original E. holding that a judgment establishing a partys exclusive light to use a trade name was not subject to collateral attack

assistant: The best answer is C. holding claim not directed to patenteligible subject matter because establishing inputs for the equation required done according to wellknown techniques
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: judges, the trial management techniques needed to control these lawyers may seem harsh, even abusive. A rigorous standard that restricts sanctions to instances of clearly abusive behavior will reduce the likelihood that councils will sanction appropriate behavior out of inexperience. And quite apart from the problem of inexperience, even judges can act unfairly — indeed vindictively — towards colleagues. A rigorous standard will reduce, though of course it cannot eliminate, the possibility that judicial discipline will be used to sanction unpopular judges engaged in appropriate behavior. Third, judicial discipline, like civil liability for judicial acts, can chill the proper exercise of judicial discretion. See Pierson v. Ray, 386 U.S. 547, 553-54, 87 S.Ct. 1213, 18 L.Ed.2d 288 (1967) (<HOLDING>); cf. Williams v. United States, 156 F.3d 86, Options: A. holding that imposing civil liability for acts committed to judicial discretion would contribute not to principled and fearless decisionmaking but to intimidation B. holding that judges have immunity from suit for judicial acts C. recognizing judicial immunity for acts committed within their judicial jurisdiction D. holding that in the context of erisa successor liability is not an independent cause of action but simply a theory for imposing liability based on a predecessors erisa violation E. holding that the ban on judicial review of actions committed to agency discretion by law is jurisdictional

assistant: The best answer is A. holding that imposing civil liability for acts committed to judicial discretion would contribute not to principled and fearless decisionmaking but to intimidation
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: file referring to Smith as a “sub.,” and (3) the anonymous handwritten note, discussing Smith’s statement and changing the description of Davis’ motorcycle helmet from “blue” to “gold.” In general terms, the issue is whether the state court’s determination that the failure of the State to disclose the foregoing evidence did not constitute a Brady violation contravenes the standards set forth in 28 U.S.C. § 2254(d)(1) and (d)(2). a.) The Brady Cumulative Materiality Analysis The court first addresses Davis’ contention that the state court’s determination was an unreasonable application of Supreme Court law because the state court failed to engage in a collective materiality inquiry in determining whether a Brady violation had occurred. See Kyles, supra, 514 U.S. at 436, 115 S.Ct. 1555 (<HOLDING>). The State acknowledges that the Alabama Court Options: A. holding that new evidence is evidence not previously of record and not merely cumulative of other evidence B. holding that new evidence must be evidence that is not merely cumulative C. holding that the issue of waiver requires an analysis of the specific facts in each case D. holding that the courts analysis should focus on the nature of the abuse injuries inflicted and the effect of both E. holding that materiality analysis turns on the cumulative effect of the suppressed evidence not an itembyitem analysis

assistant: The best answer is E. holding that materiality analysis turns on the cumulative effect of the suppressed evidence not an itembyitem analysis
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: To the extent permitted by law, each party affirms and agrees that it will not, at any time after the date hereof, make any remarks or comments, orally or in writing, to anyone, via media or otherwise, which remarks or comments reasonably could be construed to be derogatory or disparaging to any of the other party’s Releasees, or to any of the Employer’s current or former directors, officers, employees, products or services, or which comments reasonably could be anticipated to be damaging or injurious to the reputation or good will of same. The term “media” includes, without limitation, radio, television, film, internet, and social media such as Twitter and Facebook. This Section 11 does not in any way interfere with any Party’s right and responsibility to give truthful testimony under oath. Employee acknowledges that neither this provision nor any other portion of this Agreement is intended to prohibit Employee from making a truthful and accurate report to any governmental agency with oversight authority over the Releasees.

assistant: Non-Disparagement
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 to the extent otherwise provided herein, each of the Parties hereto shall pay the fees and expenses of their respective counsel, consultants and other expenses incident to the negotiation and preparation of this Agreement and consummation of the transactions contemplated by this Agreement.

assistant: Expenses
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 Master Agreement may only be amended in writing signed by both Borrower and Lender except that Lender may unilaterally waive conditions or provisions favorable to it by giving Borrower notice of such waiver in a manner consistent with Section 13.1 above. If a Borrower is a partnership, joint venture or similar entity, and the composition of the entity changes, then a new member or partner of the entity may be added to and bound by this Master Agreement without the consent of the other Borrowers. Notwithstanding the foregoing, the addition or deletion of a Borrower shall not result in a change of any of the authorizations contained herein unless all of the Borrowers consent.

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: Upon a termination of Executive’s employment during the Term (i) by the Company without Cause, (ii) by Executive for Good Reason or (iii) by Executive upon Retirement (a “ Qualifying Termination of Executive Services ”), subject to Executive’s executing and delivering (and not revoking) the Release as described in Section 8, the Company shall offer to employ or otherwise engage (in the Company’s sole discretion) Executive, and Executive may agree to be so employed or otherwise engaged and to perform, periodic advisory and transition services for the Company and its subsidiaries pursuant to this Section 6 (the “ Advisory Services ”). The Advisory Services will include, among other things, advising senior executives of the Company and assisting with the transition of Executive’s executive duties to his successor.

assistant: Terms
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 blood specimen to police after they properly secured that specimen from appellee for medical purposes. Where a non-governmental party has “a legitimate independent motivation” for engaging in the challenged conduct, the Fourth Amendment does not apply. See United States v. Attson, 900 F.2d 1427, 1433 (9th Cir.1990) (concluding that for the conduct of a party to be subject to the Fourth Amendment that party must have acted with the intent to assist the government in its investigations for administrative purposes and not for an independent purpose). Consequently, evidence obtained by private parties and turned over to the police is not obtained in violation of the Fourth Amendment. Burdeau v. McDowell, 256 U.S. 465, 475, 41 S.Ct. 574, 576, 65 L.Ed. 1048 (1921); Attson, 900 F.2d at 1433 (<HOLDING>). There is no evidence before this Court that Options: A. holding that a physician employed by the government who drew a blood sample from the defendant for medical not investigatory purposes did not conduct a search under the fourth amendment B. holding that canine sniff not a search under the fourth amendment C. holding that impoundment of a vehicle can be a seizure under the fourth amendment D. holding that doctor who drew blood for purely medical reasons did not possess the requisite intent to engage in a search or seizure under the fourth amendment E. holding seizure of evidence in plain view reasonable under fourth amendment

assistant: The best answer is D. holding that doctor who drew blood for purely medical reasons did not possess the requisite intent to engage in a search or seizure under the fourth amendment
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: period.” Id. at 348, 117 S.Ct. 849. Therefo uits have held the same in a variety of circumstances. See Zerilli-Edelglass v. New York City Transit Auth., 333 F.3d 74, 80 (2d Cir.2003) (“Equitable tolling is generally considered appropriate where ... a plaintiffs medical condition or mental impairment prevented her from proceeding in a timely fashion.”) (citations omitted); Chapman v. ChoiceCare Long Island Term Disability Plan, 288 F.3d 506, 514 (2d Cir.2002) (recognizing mental incapacity as a basis for equitable tolling under ERISA); Brown v. Parkchester S. Condos., 287 F.3d 58, 60 (2d Cir.2002) (Title VII case finding that plaintiff proffered sufficient evidence to warrant a hearing on whether her mental incapacity required tolling); Boos v. Runyon, 201 F.3d 178, 184 (2d Cir.2000) (<HOLDING>); Canales v. Sullivan, 936 F.2d 755, 756 (2d Options: A. holding that 29 cfr 1614105a1 is subject to equitable tolling based on mental illness B. holding that the 120day filing period is subject to equitable tolling and addressing circumstances warranting equitable tolling C. holding that where client was abandoned by attorney due to attorneys mental illness equitable tolling may be appropriate D. holding title vii subject to equitable tolling E. holding that attorneys mental illness may justify equitable tolling

assistant: The best answer is A. holding that 29 cfr 1614105a1 is subject to equitable tolling based on mental illness
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: if you use related evernote products or services ( such as evernote business ) or participate in our user forum , you may also need to enter into a separate agreement with us ( usually by clicking `` accept '' or `` agree '' ) .

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: Hamlet, 312 N.C. 162, 175, 321 S.E.2d 837, 846 (1984). A third type exists where “the killing demonstrates an unusual depravity of mind on the part of the defen t the murder was conscienceless and pitiless, leaving the victim in his last moments aware of but helpless to prevent impending death. Defendant’s kicking, pistol-whipping, and taunting his felled victim showed a complete lack of conscience and pity. Moreover, a juror could reasonably infer that the victim knew that death was imminent and that he was helpless to prevent it during the “silent moment” between defendant’s pointing the gun at the victim’s face and the first shot. The length of time during which the victim fears for his life may qualify despite any brevity. See State v. Sexton, 336 N.C. 321, 374, 444 S.E.2d 879, 909 (<HOLDING>), cert. denied, 513 U.S. 1006, 130 L. Ed. 2d Options: A. holding that threatening employee to mind her own business investigating her videotaping her without her permission and forcing her to take polygraph could not be considered adverse employment actions because they had no effect on conditions of employment B. holding that against her will in the rape statute means without her consent and that the fact that the victim was under the age of consent was sufficient to establish that element C. holding that a reasonable juror could infer that the victim feared for her life in the ten seconds it took her to lose consciousness D. holding that a plaintiff who pled in her complaint that her law firm actively misled her in support of her request for application of the discovery rule had sufficiently pled the application of the doctrine E. holding victim waived physicianpatient privilege by authorizing her doctor to release her medical records to the department of criminal investigation because the information contained in her medical records was no longer confidential between herself and her physician

assistant: The best answer is C. holding that a reasonable juror could infer that the victim feared for her life in the ten seconds it took her to lose consciousness
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 Borrowers shall have paid the upfront fees to the Administrative Agent for the benefit of the Lenders in the amount agreed upon between the Borrowers and the Administrative Agent. The Lenders and the Administrative Agent shall have received all other fees required to be paid, and all expenses required to be reimbursed for which invoices have been presented (including the reasonable fees and expenses of legal counsel), on or before the Effective Date. All such amounts will be paid with proceeds of Loans made on the Effective Date and will be reflected in the funding instructions given by the Borrower Representative to the Administrative Agent on or before the Effective Date.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: 74 So.3d 25 (Ala.2011). See also State v. Coleman, 175 Wash.App. 1024 (2013) (not reported in P.3d) (referring to an inmate’s “confinement on work release”); Hale v. State, 992 N.E.2d 848, 859 (Ind.Ct.App.2013) (referring to an inmate’s “two-year term of confinement in the work release program”); State v. Bogert, [Ms. No.2011-253, Feb. 22, 2013] — A.3d - (Vt.2013) (referring to “confinement” in a “work release program”); Myers v. Richie, [Ms. No. 2:13cv638-TMH, Nov. 1, 2013] — F.Supp.2d - (M.D.Ala.2013) (referring to an inmate’s “confinement” at a “work release center”); 10 Ill. Comp. Statutes § 5/3-5 (defining “confinement” for purposes of the ability to vote as including inmates participating in work-release programs); United States v. Timbrook, 290 F.3d 957, 959 (7th Cir.2002) (<HOLDING>); and United States v. Miller, 547 F.3d 1207, Options: A. holding that the district courts failure to explain the effect of supervised release was harmless where the maximum term of incarceration under the actual sentence of imprisonment and supervised release less than six years as well as his worstcase scenario less than nine years was less than the maximum term of incarceration twenty years al lowed by law B. holding that work release qualified as incarceration C. holding that state work release regulation was not an ex post facto law D. holding a sentence is not limited to period of incarceration E. holding that inclusion of a general release was merely a suggestion of how to terminate the lawsuit and that acceptance was not qualified on use of the specific release and party was willing to discuss the terms of a release

assistant: The best answer is B. holding that work release qualified as incarceration
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 agrees that, as between such Guarantor and the Purchasers, the obligations of the Company under the Purchase Agreement and the Notes may be declared to be forthwith due and payable as provided in Section 10.2 of the Purchase Agreement (and shall be deemed to have become automatically due and payable in the circumstances provided in said Section 10.2 of the Purchase Agreement) for purposes of Section 2.01 notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Company and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the Company) shall forthwith become due and payable by the Guarantors for purposes of Section 2.01 .

assistant: Remedies
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: free exercise claim. See Ford, 352 F.3d at 593. We hold today that the district court improperly dismissed McEachin’s complaint. The complaint, when viewed in the light most favorable to the plaintiff, alleges that the defendants significantly interfered with McEachin’s religious beliefs. Since we so hold, we need not, at this stage, consider whether the plaintiff must demonstrate that the burden on his beliefs was “substantial” in order to state a constitutional claim. It is nevertheless worth noting that courts have generally found that to deny prison inmates the provision of food that satisfies the dictates of their faith does unconstitutionally burden their free exercise rights. This principle was established in our circuit at least as early as 1975. See Ford, 352 F.3d at 597 (<HOLDING>); Bass v. Coughlin, 976 F.2d 98, 99 (2d Options: A. holding prisoners had no clearly established right to privacy in medical records in 1995 B. holding that prisoners have a clearly established right to a diet consistent with their religious scruples C. holding that for purposes of the second question the right must have been clearly established in a particularized sense such that a reasonable official would have understood that what he was doing violated that right D. holding that even capital prisoners have no constitutional right to counsel in habeas cases E. holding the right to record police activity on public property was not clearly established

assistant: The best answer is B. holding that prisoners have a clearly established right to a diet consistent with their religious scruples
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 RSMo 2000. 2 . Movant and Victim's mother were married in 1990 and Victim was born just prior to their marriage. Although Movant’s name is on Victim’s birth certificate, Movant is not her biological father. 3 . Movant was represented in his direct appeal by Craig A. Johnston of the Office of State Public Defender (“Appellate Counsel”). 4 . It is clear that appellate counsel is never obligated to raise “every possible issue contained in [a] motion for new trial or assert a frivolous claim. Moreover, [counsel in direct appeals is] permitted to strategically winnow out non-frivolous issues in favor of other arguments.” Cole, 223 S.W.3d at 931. 5 . "It is recommended that the trial court question the defendant directly.” Britt, 286 S.W.3d at 862 n. 2.; see also Baxter, 204 S.W.3d at 655 Options: A. holding that one must voluntarily and intelligently waive the right to counsel B. recognizing that the sixth amendment guarantees a defendant the right to counsel and the right to waive counsel C. holding that an express waiver of the right to appeal the sentence was invalid because the trial court had failed properly to advise the defendant and that the defendant therefore did not waive his right to appeal the legality of his sentence D. holding that the best practice for a trial court is to question the defendant personally on the record to ensure that the defendant understands the right understands what is lost in the waiver has discussed the issue with defense counsel and voluntarily intends to waive the right E. holding that in order for a waiver of counsel to be valid the trial court must ensure that the defendants waiver of his right to counsel is done knowingly and intelligently so that the record establishes that the defendants choice is made with eyes open

assistant: The best answer is D. holding that the best practice for a trial court is to question the defendant personally on the record to ensure that the defendant understands the right understands what is lost in the waiver has discussed the issue with defense counsel and voluntarily intends to waive the right
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: is timely. Next, the Court finds that Sunrise and Dignity have a real and substantial interest in the lawsuit. Sunrise and its subsidiary Dignity have already been awarded a special use permit by the Zoning Board, and the Petitioners in the instant action seek to have that permit annulled. Villager Pond, Inc. v. Town of Darien, 56 F.3d 375, 379 (2d Cir. 1995) (special use permit, once issued, unquestionably becomes protectible property of the person it is issued to). However, the Court finds that John Does 1-76, who are merely identified as the .future residents of the facility, do not have an interest in the litigation, and thus, are not entitled to intervene. See Rector, Wardens, and Members of Vestry of St. Bartholomew’s Church v. City of N.Y., 914 F.2d 348, 360 (2d Cir.1990) (<HOLDING>). The third element of the test examines Options: A. holding that first amendment barred child victim of sexual abuse by priest from bringing breach of fiduciary duty claim against priest church official and church B. holding that a church was entitled to employ only members of its faith C. holding the federal unemployment tax act section exempting service performed in employ of church after which florida molded its unemployment law was meant to apply to schools that have no separate legal existence from the church and therefore employees working within such schools are in employ of the church D. holding that members of a church congregation lacked sufficient interest to support intervention in an action by the church itself challenging the designation of the church as a landmark E. holding that disaffiliated church had de facto dissolved when last vote of its full membership was to dissolve and to transfer assets to mother church

assistant: The best answer is D. holding that members of a church congregation lacked sufficient interest to support intervention in an action by the church itself challenging the designation of the church as a landmark
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, including the Schedules to this Agreement, and the Agreement constitute the entire agreement and understanding between the Parties with respect to the subject matter hereof and supersedes all prior agreements and understandings and negotiations, both written and oral, between the Parties with respect to the subject matter of this Agreement. No representation, inducement, promise, understanding, condition or warranty not set forth in this Agreement has been made or relied upon by any Party hereto.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: a Fourteenth Amendment due process claim and that the claim must be dismissed. Plaintiff clarifies in response, however, that the violation of David’s due process rights that is being asserted arises from his over-detention in the Macomb County Jail. {See ECF No. 32 at Pg ID 693.) In reply, the Macomb County Defendants argue that Plaintiff f te has “a liberty interest in being released at the end of his term of imprisonment.” Schultz v. Egan, 103 Fed.Appx. 437, 440 (2d Cir.2004); Davis v. Hall, 375 F.3d 703, 712-13 (8th Cir.2004). This liberty interest is most often attributed to the Due Process Clause of the Fourteenth Amendment. Id. at 51 (brackets and additional citations omitted); see also McNeil v. Dir., Patuxent Inst., 407 U.S. 245, 246, 92 S.Ct. 2083, 32 L.Ed.2d 719 (1972) (<HOLDING>). The District Court for the District of Options: A. holding that an attempt by a prosecuting attorney to serve two masters violates the due process clause of the fourteenth amendment B. holding a judgment in the absence of notice violates due process rights C. holding that there is no substantive due process right under the fourteenth amendment to be free from malicious prosecution D. holding that continued incarceration after the lawful basis for custody expires violates due process under the fourteenth amendment E. holding that states procedure providing for jury evaluation of voluntariness of a defendants confession violates fourteenth amendment due process

assistant: The best answer is D. holding that continued incarceration after the lawful basis for custody expires violates due process under the fourteenth amendment