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: defined by reference to the deed used to convey the land to the owner. Thus, if a given area of land is used to facilitate the commission of a drug crime, forfeiture should be granted as to all of the land included in the deed conveying that area of land. Howerin contends that “property” should be defined by reference to descriptions in local land records. Thus, if a given area of land is used to facilitate the commission of a drug crime, forfeiture should be granted as to all of the land included in the descriptive unit (for example, a lot in a subdivision) containing that area of land. Each side has cases from other circuits that support its position. The Government’s position is supported by the Fourth and Eighth Circuits. See United States v. Bieri, 21 F.3d 819, 824 (8th Cir.1994) (<HOLDING>); United States v. Reynolds, 856 F.2d 675, 677 Options: A. holding that a cause of action for damages to property resulting from a permanent nuisance accrues to the owner of the land at the time the injury begins to affect the land and mere transfer of the land by deed does not transfer the claim for damages B. holding that for purposes of initial seizure warrant in forfeiture action the government may seize land according to the description contained in the deed C. holding where exempt organization was in possession of real property under land contract obligating organization to pay the purchase price and use land for exempt purpose the association was the owner of the land within the meaning of the statute D. holding that the deed and not the historical description of the land determines what land constitutes the forfeitable property E. holding that land sales contracts were not securities because they involved no investment in an enterprise even if land was bought on expectation that development of the area would increase the value of the land

assistant: The best answer is D. holding that the deed and not the historical description of the land determines what land constitutes the forfeitable property
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: 65 ua sponte review, appellate courts must chart their course following the guideposts set forth by the United States Supreme Court: In exceptional cireumstances, especially in criminal cases, appellate courts, in the pub-lie interest, may, of their own motion, notice errors to which no exception has been taken, if the errors are obvious, or if they otherwise seriously affect the fairness, integrity, or public reputation of judicial proceedings. United States v. Atkinson, 297 U.S. 157, 160, 56 S.Ct. 391, 80 L.Ed. 555 (1936); see also United States v. Pryce, 938 F.2d 1343, 1348 (D.C.Cir.1991) (conducting sua sponte analysis only because the record was not complex and resolution of the issue was easy, "beyond serious debate"); Lewis v. United States, 92 F.2d 952, 953-54 (10th Cir.1937) (<HOLDING>). Critical to these considerations of fairness Options: A. holding that federal statute conferred federalquestion jurisdiction in cases involving the bank of the united states B. holding that this court has jurisdiction to hear interlocutory appeals in cases involving a sentence of life imprisonment or death C. holding that in criminal cases involving life or liberty of accused united states appellate courts may correct errors that were not challenged or reserved by parties D. holding that the commandant of the united states disciplinary barracks and the united states are identical parties E. holding that new york convention governed award rendered in the united states that arose out of dispute involving two nondomestic parties and one united states corporation

assistant: The best answer is C. holding that in criminal cases involving life or liberty of accused united states appellate courts may correct errors that were not challenged or reserved by parties
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: beliefs.” Changco, 1 F.3d at 842. Similarly, in Lorenzo, we held that even where the jury was split 11-1, an Allen charge given by the judge was not inherently coercive because the judge did not know the identity of the holdout juror; this, in turn, meant that it was unlikely that the lone holdout felt unduly pressured by the judge’s remarks. Lorenzo, 43 F.3d at 1307. Banks fails to show how the district court’s instructions in this case materially differ from those at issue in Lorenzo and Changco. First, because the jury’s note stated that three jurors were holding out and did not provide any information about the holdouts that would permit the judge to identify them, there was little possibility that the judge could place pressure on any given juror. Cf. Lorenzo, 43 F.3d at 1307 (<HOLDING>). In fact, the judge here did not give his Options: A. holding that allen charge given by court was coercive and required a new trial B. holding second modified allen charge coercive per se unless jury requests it C. holding that though judge did not question juror individually note from juror to judge requesting private meeting to ask legal question did not suggest juror would not base verdict on evidence D. holding that an allen charge was not inherently coercive even though jury was split 111 because the judge did not know the identity of the holdout juror E. holding when giving an allen charge the trial court must avoid coercive deadlines

assistant: The best answer is D. holding that an allen charge was not inherently coercive even though jury was split 111 because the judge did not know the identity of the holdout juror
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: Guarantor hereby (a) consents and submits to the jurisdiction of the courts of the State of Ohio and the federal courts sitting in the State of Ohio with respect to any dispute or matter arising, directly or indirectly, out of this Guaranty, and (b) waives any and all objections which the undersigned may have to the laying of venue in any suit, action or pr oceeding in any such court . Guarantor hereby acknowledges and agrees that New Operators may obtain personal jurisdiction and perfect service of process through any means now or hereafter permitted by applicable law. Nothing above shall limit New Operators ’ choice of forum for purposes of enforcing this Guaranty.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: an instruction thereon which would have resulted in a waiver of the defense by reason of the respondents’ failure to request such an instruction. Hogan, 840 S.W.2d at 235; Hopkins, 673 S.W.2d at 469. However, the appellants, relying on Bosworth, maintain that even if the affirmative defense of the running of the statute of limitations was not waived by the respondents by their failing to request an instruction thereon, they successfully avoided the statutory bar of the statute by reason of a pleaded exception thereto. We disagree. In order for the appellants to avail themselves of the Bosworth exception to the statute of limitations, the court held that they were required to and did specifically plead it. Id. at 777-78; see also Angoff v. Mersman, 917 S.W.2d 207, 211 (Mo.App.1996) (<HOLDING>). The failure to so plead results in the waiver Options: A. recognizing that mitigation of damages is an affirmative defense a party must plead and prove B. holding that the plaintiff waived an objection to the defendants failure to plead qualified immunity as an affirmative defense C. holding that to avoid an affirmative defense a plaintiff must plead specifically matters of affirmative avoidance pursuant to rule 5508 D. holding that sudden emergency is an affirmative defense which must be specifically plead E. holding that a claim of exemption is an affirmative defense which must be specifically pleaded

assistant: The best answer is C. holding that to avoid an affirmative defense a plaintiff must plead specifically matters of affirmative avoidance pursuant to rule 5508
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: J. We have for review the decision in Turner v. State, 745 So.2d 351 (Fla. 1st DCA 1999), in which the First District certified the same question that it had certified in Woods v. State, 740 So.2d 20 (Fla. 1st DCA 1999), approved sub nom. State v. Cotton, 769 So.2d 345(Fla.2000). We have jurisdiction. See Art. V, § 3(b)(4), Fla. Const. Turner challenges his sentence under the Prison Releasee Reoffender Act (“the Act”) on several grounds, all of which have been addressed by this Court in other opinions. See Grant v. State, 770 So.2d 655 (Fla.2000) (rejecting an ex post facto challenge to the Act, and holding that the Act violates neither the single subject rule for legislation nor principles of equal protection); State v. Cotton, 769 So.2d 345 (Fla.2000) (<HOLDING>). Accordingly, the decision in Turner is Options: A. holding that the act violates neither separation of powers nor principles of due process by allowing a victim veto that precludes application of the act as well as holding that the act is not void for vagueness and does not constitute a form of cruel or unusual punishment B. holding that what constitutes cruel and unusual punishment is a question of law C. holding that dna act violates neither substantive nor procedural due process under the fifth amendment D. holding cruel and unusual punishment complaint not preserved E. holding that the act does not violate separation of powers is not void for vagueness and does not violate principles of due process by allowing a victim veto precluding application of the act

assistant: The best answer is A. holding that the act violates neither separation of powers nor principles of due process by allowing a victim veto that precludes application of the act as well as holding that the act is not void for vagueness and does not constitute a form of cruel or unusual punishment
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: entry “by means of specious documentation that concealed] the illegality of his presence,” United States v. Rivera-Ventu-ra, 72 F.3d 277, 281 (2d Cir.1995), we hold that the statute of limitations was not triggered at the time he reentered the country, but rather at the time that he was “found in” the United States by immigration authorities. See id. at 282. We therefore conclude that the filing of the indictment approximately two-and-a-half years after Acevedo’s discovery was timely. For this reason, trial counsel’s alleged failure to raise or investigate further a statute of limitations defense could not have prejudiced Acevedo, and, therefore, his ineffective assistance claims on this ground fail. See Strickland v. Washington, 466 U.S. 668, 687, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984) (<HOLDING>). Acevedo raises numerous other arguments on Options: A. holding defendant did not show prejudice to support ineffective assistance of appellate counsel claim because any evidentiary error was harmless B. holding that the defendant did not show prejudice to support ineffective assistance of counsel because any evidentiary error was harmless C. holding that a defendant must show actual prejudice to succeed on an ineffective assistance of counsel claim D. holding that to succeed on an ineffective assistance claim a defendant must show that there is a reasonable probability that but for counsels unprofessional errors the result of the proceeding would have been different E. recognizing a constitutional claim for ineffective assistance of counsel

assistant: The best answer is C. holding that a defendant must show actual prejudice to succeed on an ineffective assistance of counsel claim
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the patient suffers only emotional distress, these claims will on the surface be indistinguishable from the usual medical malpractice actions. But there is a further — and critical — limiting principle: it must be “especially likely,” Restatement (ThiRd) of Torts, supra, § 46(b), that there would be serious emotional distress, ie., a “deeply emotional response,” Oswald, 453 N.W.2d at 639, in the event that the underlying obligation is breached. If an emotional response of such magnitude is anticipated, a doctor would be expected, as a matter of reasonable care, to take precautions to avoid causing serious emotional distress, just as a doctor would take care to use sterile instruments in order to prevent a serious infection during the course of an operation. See Curtis, 956 P.2d at 963 (<HOLDING>); Larsen, 81 P.3d at 203 (permitting claim for Options: A. holding that plaintiff had successfully stated a claim for emotional distress where complaint alleged that defendants were medical professionals who owed a duty to plaintiff to identify and guard against predictable psychological reactions or consequences including claustrophobic reactions to an mri procedure B. holding that a tort claim for intentional infliction of emotional distress is distinct from a claim for emotional distress damages under the employment discrimination statute C. holding that expert testimony is not required to corroborate a claim for emotional distress D. holding in a fcra case that plaintiffs may not rely on mere conclusory statements rather they must sufficiently articulate true demonstrable emotional distress including the factual context in which the emotional distress arose evidence corroborating the testimony of the plaintiff the nexus between the conduct of the defendant and the emotional distress the degree of such mental distress mitigating circumstances if any physical injuries suffered due to the emotional distress medical attention resulting from the emotional duress psychiatric or psychological treatment and the loss of income if any E. holding that a plaintiff is required to identify specific acts of individual defendants for his claim to survive

assistant: The best answer is A. holding that plaintiff had successfully stated a claim for emotional distress where complaint alleged that defendants were medical professionals who owed a duty to plaintiff to identify and guard against predictable psychological reactions or consequences including claustrophobic reactions to an mri procedure
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 shall become effective as to any party to this Agreement when a counterpart hereof executed on behalf of such party shall have been delivered to the Collateral Agent and a counterpart hereof shall have been executed on behalf of the Collateral Agent, and thereafter shall be binding upon such party and the Collateral Agent and their respective permitted successors and assigns, and shall inure to the benefit of such party, the Collateral Agent and the other Secured Parties and their respective permitted successors and assigns, except that no party shall have the right to assign or transfer its rights or obligations hereunder or any interest herein or in the Collateral (and any such assignment or transfer shall be void) except as expressly contemplated by this Agreement, the Indenture or any Other Pari Passu Lien Agreement. This Agreement shall be construed as a separate agreement with respect to each party and may be amended, modified, supplemented, waived or released with respect to any party without the approval of any other party and without affecting the obligations of any other party hereunder.

assistant: Binding Effects
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: Tax Indemnity . To the extent required by any applicable Laws (as determined in good faith by the Administrative Agent), the Administrative Agent may withhold from any payment to any Lender an amount equivalent to any applicable withholding Tax. If the Internal Revenue Service or any other authority of the United States or other jurisdiction asserts a claim that the Administrative Agent did not properly withhold Tax from amounts paid to or for the account of any Lender for any reason (including because the appropriate form was not delivered or not properly executed, or because such Lender failed to notify the Administrative Agent of a change in circumstance that rendered the exemption from, or reduction of withholding Tax ineffective or if any payment has been made by the Administrative Agent to any Lender without applicable withholding tax being deducted from such payment), such Lender shall, within 10 days after written demand therefor, indemnify and hold harmless the Administrative Agent (to the extent that the Administrative Agent has not already been reimbursed by the Borrower pursuant to Section 3.01 and 3.04 and without limiting or expanding the obligation of the Borrower to do so) for all amounts paid, directly or indirectly, by the Administrative Agent as Taxes or otherwise, together with all expenses incurred, including legal expenses and any other out-of-pocket expenses, whether or not such Tax was correctly or legally imposed or asserted by the relevant Governmental Authority. A certificate as to the amount of such payment or liability delivered to any Lender by the Administrative Agent shall be conclusive absent manifest error. Each Lender hereby authorizes the Administrative Agent to set off and apply any and all amounts at any time owing to such Lender under this Agreement or any other Loan Document against any amount due the Administrative Agent under this Section 9.12 . The agreements in this Section 9.12 shall survive the resignation and/or replacement of the Administrative Agent, any assignment of rights by, or the replacement of, a Lender and the repayment, satisfaction or discharge of all other Obligations. For the avoidance of doubt, the term “Lender” shall, for purposes of this Section 9.12 , include any L/C Issuer and any Swing Line Lender.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All payments made pursuant to this Agreement shall be subject to withholding of such applicable income and employment taxes as the Company determines to be required by applicable law. Executive shall be solely responsible for all taxes imposed on Executive by reason of the receipt of any amount of compensation or benefits payable to Executive under this Agreement. Although the payments and benefits provided hereunder are intended to be structured in a manner to avoid the implication of any additional or excise taxes under Sections 409A or 4999 of the Internal Revenue Code (as amended from time to time, the “Code”), in no event whatsoever shall the Company or any of its affiliates have any obligation to pay, mitigate, or protect Executive from any such tax liabilities, including any imposed under Sections 409A and/or 4999.

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 case excerpt and choose the best holding from the options. Case excerpt: Twitter Archive, http://radar.oreilly.com/ 2011/06/library-of-congress-twitter-archive.html [accessed June 11, 2012].) 9 . See http://untweetable.com; http://tweleted.com/; http://mashable.com/ 2012/05/30/politwoops/. 10 . See Kaufman v Nest Seekers, LLC, 2006 WL 2807177, *5, 2006 US Dist LEXIS 71104, *15-16 (SD NY 2006) (only electronic bulletin boards which are not readily accessible to the public are protected under the SCA); Konop v Hawaiian Airlines, Inc., 302 F3d 868, 875 (9th Cir 2002) (“The legislative history of the [Electronic Communications Protection Act] suggests that Congress wanted to protect electronic communications that are configured to be private, such as email and private electronic bulletin boards”); Snow v DirecTV, Inc., 450 F3d 1314, 1320-1321 (11th Cir 2006) (<HOLDING>). 11 . Orin Kerr, A User’s Guide to the Stored Options: A. holding that title ii does not apply to the states B. holding the fourteenth amendment does not apply to the actions of the federal government C. holding that the sca does not apply to material that is readily available to the public D. holding that the confrontation clause does not apply to the sentencing hearing E. holding that 1447c does not apply to counsel

assistant: The best answer is C. holding that the sca does not apply to material that is readily available to the public
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as otherwise provided in Section 4(b), RSUs which have not become vested as of the date the Grantee’s Employment terminates shall immediately be forfeited on such date, and the Grantee shall have no further rights with respect thereto.

assistant: Forfeitures
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 and delivered (including by facsimile or other electronic transmission) in any number of counterparts, each of which shall be deemed to be an original, and all of which together shall constitute one and the same document.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the hearing cannot result in a due process violation. Instead, our holding requires weighing a claimant’s deprivation of an important private interest, such as unemployment benefits, relative to procedures used in such a deprivation. See Welch v. Thompson, 20 F.3d 636, 639 (5th Cir. 1994) (requiring that if there is a deprivation, “we must determine whether the procedures relative to that deprivation were constitutionally sufficient.” (citation and footnote omitted)). {27} In New Mexico, the distinguishing factor used to determine whether there was or was not a violation of due process rights depends on whether the defective notice deprived the claimant of the ability to participate in the proceeding. See Franco v. Carlsbad Mun. Schs., 2001-NMCA-042, ¶¶ 6, 14, 130 N.M. 543, 28 P.3d 531 (<HOLDING>), recognized in Lobato v. N.M. Env’t Dep’t, Options: A. holding that where employee was aware of dissolution abatement of claims provision applied even in absence of written notice because employee had actual notice B. holding that district court may order hearing as remedy for termination of public employee without due process C. holding that res judicata properly barred claims based on an employers decision to terminate an employee because the termination was not a fresh act of discrimination rather it was the same decision not to allow the employee to return to work that the employee had challenged previously D. holding that notice to the attorney of record constitutes notice to the petitioner E. holding that a notice recommending termination of an employee to the board without notice to the employee of employees right to attend and dispute the claims violated due process

assistant: The best answer is E. holding that a notice recommending termination of an employee to the board without notice to the employee of employees right to attend and dispute the claims violated due process
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 and any claim, controversy, dispute or cause of action (whether in contract or tort or otherwise) based upon, arising out of or relating to this Agreement or the Note (except, as to the Note, as expressly set forth therein) and the transactions contemplated hereby and thereby shall be governed by, and construed in accordance with, the laws of the State of Nevada.

assistant: Governing 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: Terry’s and Silverman’s hostile environment harassment of Faragher. IV.Standards of Review We review the district court’s finding of fact under the clearly erroneous standard of review. Pullman-Standard v. Swint, 456 U.S. 273, 287-88, 102 S.Ct. 1781, 1789, 72 L.Ed.2d 66 (1982). We review the district court’s conclusions of law and its application of law to facts de novo. Massaro v. Mainlands Section 1 & 2 Civic Ass’n, Inc., 3 F.3d 1472, 1475 (11th Cir.1993), cert. denied, 513 U.S. 808, 115 S.Ct. 56, 130 L.Ed.2d 15 (1994). V.Contentions of the Parties Faragher contends that Terry’s and Silver-man’s positions as top lifeguard commanders make them prototypical agents of the City. Faragher argues that this status, combined with Terry’s and Silverman’s conduct, makes the -16 (9th Cir.1989)(<HOLDING>). This Circuit has concluded that in a pure Options: A. holding that the timeliness of the employees suit is measured from the later of the date the employee knew or should have known of the employers final action or the date the union appeals procedure is exhausted or otherwise broken down to the employees disadvantage B. holding that a viable hostile work environment claim requires an environment that a reasonable person would find hostile or abusive C. holding that a single offensive racist comment was not sufficient to establish a hostile work environment D. holding that employers are liable for failing to remedy or prevent a hostile or offensive work environment of which managementlevel employees knew or in the exercise of reasonable care should have known E. recognizing a hostile work environment claim under section 1983

assistant: The best answer is D. holding that employers are liable for failing to remedy or prevent a hostile or offensive work environment of which managementlevel employees knew or in the exercise of reasonable care should have known
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 will become effective as of the Effective Date, and unless earlier terminated under this Section 10 , will continue in effect for five (5) years, and thereafter automatically be extended for successive renewal terms of two (2) years each, unless TESARO Party provides a notice of non-renewal at least six (6) months prior to the expiration of the initial term or the then applicable renewal term, and in the case of Supplier, provides a notice of non-renewal at least one year prior to the expiration of the initial term or the then-applicable renewal term, subject to earlier termination in accordance with the terms of this Agreement or the execution by both Parties of a document terminating this Agreement (such perio d between commencement and termination, the “ Term ”).

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 legal provision and list the applicable contract clause categories. Provision: Subject to the terms and conditions set forth herein, the Parent shall have the right, without the consent of the Lenders, from time to time prior to the Maturity Date to cause an increase in the Aggregate Commitment (a “ Commitment Increase ”) by adding to this Agreement one or more additional lenders that are not already Lenders hereunder and that are not Persons described in Section 9.04(b)(v) (each, a “ CI Lender ”) or by allowing one or more existing Lenders (other than a Defaulting Lender) to increase their respective Commitments (each, an “ Increasing Lender ”); provided that (i) both before and immediately after giving effect to such Commitment Increase, no Event of Default shall have occurred and be continuing as of the relevant Commitment Increase Effective Date, (ii) no such Commitment Increase shall be less than $25,000,000, (iii) the aggregate amount of all such Commitment Increases after the Second Amendment Effective Date but prior to or on the Third Amendment Effective Date shall not exceed $500,000,000, and the aggregate amount of all such Commitment Increases after the Third Amendment Effective Date shall not exceed $500,000,000, (iv) no Lender’s Commitment shall be increased without such Lender’s prior written consent (which consent may be given or withheld in such Lender’s sole and absolute discretion), (v) the written consent of the Administrative Agent, the Swingline Lender and each Issuing Bank shall be required for the addition of any CI Lender (such consent not to be unreasonably withheld, conditioned, or delayed) and (vi) if, on the effective date of such increase, any Loans have been funded, then the applicable Borrowers shall be obligated to pay any breakage fees or costs that are payable pursuant to Section 2.16 in connection with the reallocation of such outstanding Loans.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: See In re Grand Jury Investigation (Harvey), 769 F.2d 1485, 1487 (11th Cir.1985) (noting that “[t]his court has conclusively rejected the requirement that the government make a preliminary showing of relevance and need before an attorney can be required to appear before a Grand Jury”). However, the absence of such a requirement in the grand jury context does not necessarily mean that no such requirement exists in the bankruptcy context. Rather, the absence merely reflects the balance struck between the competing interests implicated in the grand jury context, see United States v. R. Enterprises, Inc., — U.S. -, 111 S.Ct. 722, 728, 112 L.Ed.2d 795 (1991) (balancing competing interests in grand jury proceedings); In re Grand Jury Proceeding (Cherney), 898 F.2d 565, 569 (7th Cir.1990) (<HOLDING>). Based on two significant differences between Options: A. holding that because the legislature had set up no machinery by which taxation of leasehold interests in public property could be carried into effect the legislature had not exercised its power to tax such interests and thus an injunction against maricopa countys assessment of taxes on such interests was appropriate B. holding that court should balance competing interests C. recognizing such an exception D. holding that rule 2004 requires court to balance competing interests weighing necessity of information sought E. recognizing such balance of interests

assistant: The best answer is E. recognizing such balance of interests
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: limestone on right of way); Restatement (Second) of Torts § 158 (1965) (defining trespass as unauthorized entry by “thing” or person); W. Page Keeton et al., Prosser and Keeton on Torts § 13 at 70 (5th ed.1984) (same). When such a tangible invasion occurred, the element of damages was presumed. Longenecker v. Zimmerman, 175 Kan. 719, 721, 267 P.2d 543, 545 (Kan.1954). As the bankruptcy and district courts noted, however, some courts have adopted a “modern” view of trespass that recognizes intangible invasions. See, e.g., Public Service Co. of Colo. v. Van Wyk, 27 P.3d 377, 390 (Colo.2001) (“[W]e now hold that, in Colorado, an intangible intrusion may give rise to claim for trespass.... ”); Bradley v. Am. Smelting & Refining Co., 104 Wash.2d 677, 686-88, 709 P.2d 782, 788-89 (Wash.1985) (<HOLDING>); Borland v. Sanders Lead Co., 369 So.2d 523, Options: A. recognizing that an expression of opinion about monetary value is not a representation of fact which gives rise to an action for fraud B. holding deposit of microscopic particulates gives rise to action for trespass C. holding that the unique nature of psychotherapistpatient relationship gives rise to a duty of care to the patient D. holding that the failure to act in good faith does not amount to an independent tort the breach of the implied duty under the ucc gives rise only to a cause of action for breach of contract E. holding that repudiation alone gives rise to a claim for damages for total breach

assistant: The best answer is B. holding deposit of microscopic particulates gives rise to action for trespass
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 do n't provide academia.edu with an arbitration opt-out notice within the thirty ( 30 ) day period , you will be deemed to have knowingly and intentionally waived your right to litigate any dispute except for litigable actions .

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: AND JUDGMENT Michael R. Murphy, Circuit Judge I. Introduction Defendant-Appellant, Michael Hendrix, challenges the district court’s authority to extend his original term of supervised release by one year. Although this court has already ruled against Hendrix on that very issue, United States v. Hendrix (Hendrix I), 630 Fed.Appx. 816, 819-20 (10th Cir. 2015), he asserts our prior decision is “clearly erroneous” and, thus, the law of the case doctrine does not preclude reconsideration of. the issue. See McIlravy v. Kerr-McGee Coal Corp., 204 F.3d 1031, 1035 (10th Cir. 2000) (<HOLDING>). Exercising jurisdiction pursuant to 28 U.S.C. Options: A. holding that a ruling from a prior decision of this court becomes the law of the case that cannot be challenged in a later proceeding quotation marks omitted B. holding that appellate court reviewing trial courts habeas corpus ruling must review record evidence in light most favorable to ruling and uphold ruling absent abuse of discretion C. holding that application of the doctrine of law of the case is discretionary and that a district court abuses its discretion in applying the law of the case doctrine only if 1 the first decision was clearly erroneous 2 an intervening change in the law occurred 3 the evidence on remand was substantially different 4 other changed circumstances exist or 5 a manifest injustice would otherwise result D. holding that an unappealed ruling is the law of the case E. holding law of the case principles do not prevent this court from revisiting a prior ruling if that ruling was clearly erroneous and would work a manifest injustice

assistant: The best answer is E. holding law of the case principles do not prevent this court from revisiting a prior ruling if that ruling was clearly erroneous and would work a manifest injustice
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 accrued on each Base Rate Advance and each Swing Line Loan shall be payable on each Payment Date, commencing with the first such Payment Date to occur after the Effective Date and at maturity. Interest accrued on each Eurocurrency Advance shall be payable on the last day of its applicable Interest Period, on any date on which the Eurocurrency Advance is prepaid, whether by acceleration or otherwise, and at maturity. Interest accrued on each Eurocurrency Advance having an Interest Period longer than three months shall also be payable on the last day of each three-month interval during such Interest Period. Interest on all Advances and fees shall be calculated for actual days elapsed on the basis of a 360-day year, except that Interest at the Base Rate shall be calculated for actual days elapsed on the basis of a 365 or 366-day year, as the case may be. Interest shall be payable for the day an Advance is made but not for the day of any payment on the amount paid if payment is received prior to 12:00 noon (local time) at the place of payment. If any payment of principal of or interest on an Advance shall become due on a day which is not a Business Day, such payment shall be made on the next succeeding Business Day.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: motion, pursuant to 18 U.S.C.A. § 3582(c)(2), for reduction of sentence based on a guideline amendment effective November 1, 2004, concerning drug quantity table 2Dl.l(a). The Government filed a motion to dismiss on October 7, 2005. DISCUSSION Section 3582(c)(2) allows a court to reduce a defendant’s sentence if it was based upon a sentencing range subsequently lowered by an amendment to the United States Sentencing Guidelines and if a reduction is consistent with the policy set forth in the guidelines. In considering a motion for resentencing under § 3582, the court has discretion to determine whether it will elect to impose the newly-calculated sentence under the amended guidelines or to retain the original sentence. See United States v. Turner, 59 F.3d 481, 483-84 (4th Cir.1995) (<HOLDING>). This decision should be made in light of the Options: A. holding no retroactive application B. recognizing that the application of a retroactive amendment is discretionary C. holding retroactive application D. holding that the act is retroactive E. holding that the act is not retroactive

assistant: The best answer is B. recognizing that the application of a retroactive amendment is discretionary
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: clause in the agreement is unenforceable because it is unreasonable under M.C.L. § 445.774a. According to Michigan law, a non-compete agreement is enforceable provided it is reasonable with respect to du ration, geographical area, and the line of business is seeks to limit. Defendant argues that the agreement is unreasonable with respect to all three areas. However, Lowry provides sufficient support to establish a likelihood of success on the merits of its claim that this court should uphold the non-compete agreement. As to duration, courts have upheld time periods of six months to three years. See, e.g., Walling, 851 F.Supp. at 847 (six months); Van Steenis, 784 F.Supp. at 1274 (twelve- months); Stubblefield v. Siloam Springs Newspapers, Inc., 590 F.Supp. 1032 (W.D.Ark.l984)(<HOLDING>). Given the highly competitive nature of the Options: A. holding that under new york law employment is atwill unless the duration of an employment contract is set forth explicitly B. holding covenant in an employment agreement executed some 12 years after the initial taking of employment was not incident to the taking of employment C. holding that noncompete provisions survived the expiration of an employment agreement where 1 the contract expressly provided that the provisions would continue to apply if the employee continued working and 2 the noncompete clause expressly stated it would continue to be in effect after the expiration or termination of employment D. holding that under arkansas law employment is atwill unless personnel manual or employment agreement contains express provision that employee shall not be discharged except for cause E. holding that under arkansas law maximum duration of noncompete clause incident to employment agreement is three years

assistant: The best answer is E. holding that under arkansas law maximum duration of noncompete clause incident to employment agreement is three years
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: 344, 354 (1910) (noting that it is the prerogative of the civil courts to determine the meaning and legal effect of civil contracts). An aggrieved party, including a criminal defendant, remains free to seek enforcement of the terms of a release in civil court. Our criminal courts are permitted to take note of these agreements in deciding whether to order restitution and in what amount, but these agreements in no way preclude a criminal court from ordering restitution when appropriate under statute. Id. In essence, the Haltom court upheld a restitution order in the amount of the victim’s medical expenses and lost earnings even though the victim had also received $100,000 — the limit of Haltom’s policy— from Haltom’s insurer. See also Crawford v. State, 770 N.E.2d 775, 781 (Ind.2002) (<HOLDING>). We are mindful, however, that elementary Options: A. holding that restitution is a criminal penalty that negates the imposition of prejudgment interest B. holding civil restitution judgment that was originally imposed as part of a criminal sentence nondisehargeable C. holding that imposition of punishment is a judicial function D. recognizing criminal forfeiture as an aspect of punishment E. holding that civil settlements have no bearing on decisions of criminal punishment and imposition of a restitution order is a form of punishment and part of a criminal sentence

assistant: The best answer is E. holding that civil settlements have no bearing on decisions of criminal punishment and imposition of a restitution order is a form of punishment and part of a criminal sentence
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The execution, delivery and performance by the Borrower and each of the Subsidiary Loan Parties and, in the case of Section 3.02(a) and 3.02(b)(i)(B), Holdings (prior to a Qualified IPO), of each of the Loan Documents to which it is a party and the borrowings hereunder (a) have been duly authorized by all corporate, stockholder, partnership or limited liability company action required to be obtained by Holdings, the Borrower and such Subsidiary Loan Parties and (b) will not (i) violate (A) any provision of law, statute, rule or regulation applicable to Holdings, the Borrower or any such Subsidiary Loan Party, (B) the certificate or articles of incorporation or other constitutive documents (including any partnership, limited liability company or operating agreements) or by-laws of Holdings, the Borrower, or any such Subsidiary Loan Party, (C) any applicable order of any court or any rule, regulation or order of any Governmental Authority applicable to the Borrower or any such Subsidiary Loan Party or (D) any provision of any indenture, certificate of designation for preferred stock, agreement or other instrument to which the Borrower or any such Subsidiary Loan Party is a party or by which any of them or any of their property is or may be bound, (ii) result in a breach of or constitute (alone or with due notice or lapse of time or both) a default under, give rise to a right of or result in any cancellation or acceleration of any right or obligation (including any payment) under any such indenture, certificate of designation for preferred stock, agreement or other instrument, where any such conflict, violation, breach or default referred to in clause (i) or (ii) of this Section 3.02(b), would reasonably be expected to have, individually or in the aggregate, a Material Adverse Effect, or (iii) result in the creation or imposition of any Lien upon or with respect to (x) any property or assets now owned or hereafter acquired by the Borrower or any such Subsidiary Loan Party, other than the Liens created by the Loan Documents and Permitted Liens, or (y) any Equity Interests of the Borrower now owned or hereafter acquired by Holdings (prior to a Qualified IPO), other than Liens created by the Loan Documents or Liens permitted by Article VIA.

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 legal provision and list the applicable contract clause categories. Provision: All notices required or permitted to be given hereunder shall be in writing and shall be personally delivered by courier, sent by registered or certified mail, return receipt requested or sent by confirmed facsimile transmission addressed as set forth herein. Notices personally delivered, sent by facsimile or sent by overnight courier shall be deemed given on the date of delivery and notices mailed in accordance with the foregoing shall be deemed given upon receipt by the addressee, as evidenced by the return receipt thereof. Notice shall be sent (i) if to the Company, addressed to the Company’s headquarters, Attention: the Company’s Board, and (ii) if to the Executive, to his address as reflected on the payroll records of the Company, or to such other address as either party shall request by notice to the other in accordance with this provision.

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 legal provision and list the applicable contract clause categories. Provision: With effect as of the Effective Date, Section 1.01 of the Credit Agreement is hereby amended by replacing the date “March 7, 2019” in the definition of “Maturity Date” therein with “March 14, 2019”.

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: Subject to any limits on applicability contained therein, paragraphs 6, 7, 8, 9, 10, 11, 21 and 22 hereof shall survive and continue in full force in accordance with their terms notwithstanding any termination of the Employment Period.

assistant: Survival