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: that Minasyan’s parents separated, as a matter of law, in October 1993. It clarifies that the separation constituted a legal separation under California law. It. does not, however, change in any way the parties’ prior status. In their arguments, the parties both emphasize the nunc pro tunc order. However, we need not consider whether to give any effect to that order because the judgment entered during the divorce proceedings resolves the legal question definitively. 19 .We note that at least one circuit has concluded that a separation must be formally or judicially recognized for it to constitute a legal separation within the meaning of the INA. As the Second Circuit reasoned, "[a] contrary interpretation would render superfluous the provision's specification that the ir.1978) (<HOLDING>). As the court explained in Fierro, "Congress Options: A. holding that admission of one defendants deposition was proper where she was present at the deposition even though she was represented at the time by the same counsel as her codefendants B. holding that the bia correctly imputed a parents knowledge that she and her children were not eligible for entry to the united states to her children C. holding that a plaintiff could not show that she engaged in protected activity because she did not present evidence that she informed her employer that her complaints were based on race or age discrimination D. holding that the plaintiff made out a prima facie case of age discrimination based upon a showing that she was a member of the protected group she was qualified and capable of doing her job she was discharged and that her manager called her old woman thus evincing agebased animus sufficient to demonstrate discriminatory intent E. holding that a woman admitted to the united states based on her representation that she was unmarried could not retroactively cure the fact that she was married at the time of entry by obtaining a subsequent annulment

assistant: The best answer is E. holding that a woman admitted to the united states based on her representation that she was unmarried could not retroactively cure the fact that she was married at the time of entry by obtaining a subsequent annulment
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 be governed by the applicable Code provisions to the maximum extent possible. Otherwise, the laws of the State of Delaware (without regard to principles of conflicts of laws) shall govern the operation of and the rights of the Grantee under, the Plan and this Agreement.

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 legal provision and list the applicable contract clause categories. Provision: This Agreement may not be amended, nor shall any waiver, change, modification, consent or discharge be effected, except by an instrument in writing executed by or on behalf of the party against whom enforcement of any amendment, waiver, change, modification, consent or discharge is sought.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: a term exceeding one year, that prohibits the manufacture, import, export, distribution, or dispensing of a controlled substance (or a counterfeit substance) or the possession of a controlled substance (or a counterfeit substance) with intent to manufacture, import, export, distribute, or dispense.”), with U.S.S.G. § 2L1.2, cmt., n. (l)(B)(iv) (defining a “drug trafficking offense” as “an offense under federal, state, or local law that prohibits the manufacture, import, export, distribution, or dispensing of, or offer to sell a controlled substance (or a counterfeit substance) or the possession of a controlled substance (or a counterfeit substance) with intent to manufacture, import, export, distribute, or dispense.”); see also United States v. Ford, 509 F.3d 714, 716 (5th Cir. 2007) (<HOLDING>). If Mr. Barrow’s more recent conviction is for Options: A. holding that possession of listed chemical with intent to manufacture controlled substance is controlled substance offense B. holding that a state conviction is a drug trafficking offense because the trafficked drug is listed in a csa schedule C. holding that simple possession is not a lesserincluded offense of distribution of a controlled substance D. recognizing that the terms controlled substance offense and drug trafficking offense have nearly identical ussg definitions and using past decisions interpreting drug trafficking offense to analyze a challenge involving a controlled substance offense because the issues raised in those past decisions were closely analogous to the issue in the present case E. holding that section 893131 of the florida statutes is a controlled substance offense under ussg 4b12b

assistant: The best answer is D. recognizing that the terms controlled substance offense and drug trafficking offense have nearly identical ussg definitions and using past decisions interpreting drug trafficking offense to analyze a challenge involving a controlled substance offense because the issues raised in those past decisions were closely analogous to the issue in the present case
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 expressly provided in this Agreement, as applicable, any term of this Agreement may be waived only by a written instrument executed by a duly authorized representative of the Party waiving compliance. The delay or failure of either Party at any time to require performance of any provision of this Agreement shall in no manner affect such Party’s rights at a later time to enforce the same. No waiver by either Party of any condition or term in any one or more instances shall be construed as a further or continuing waiver of such condition or term or of another condition or term.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Both Landlord and Tenant have been represented in the preparation and negotiation of this Second Amendment by legal counsel. As a result, this Second Amendment reflects the joint efforts of the parties and has been jointly prepared by the parties. This Second Amendment supersedes all prior discussions, writings, amendments or correspondence concerned the matters addressed in this Second Amendment. This Second Amendment shall be construed in accordance with this plain meaning and without regard to any rule of construction that would result in the Second Amendment being construed in a manner more or less favorable to either party to this Second Amendment.

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: 1. In consideration of the disclosure of Proprietary Information by the Disclosing Party, the Receiving Party hereby agrees: (iii) not to make any use whatsoever at any time of such Proprietary Information except to evaluate internally its relationship with the Disclosing Party, and

assistant: Yes
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: suppressed evidence obtained from that encounter. On interlocutory review, we agreed with the trial court that an investigative stop, not a consensual interview, occurred under the totality of the circumstances and facts found by the trial court. See id. at 814. The instant case, however, is clearly distinguishable. In Padgett, the officers’ intrusion, altered Padgett’s course of travel and required him to stop against his repeatedly expressed desire to leave, thus impeding his liberty or freedom of movement. To the contrary, in this case, Paynter was seated, was not moving or walking, and did not express a desire to leave, nor did he at anytime indicate that Officer Guzman prevented him from going about his business. See United States v. Jordan, 958 F.2d 1085, 1088 (D.C.Cir.1992) (<HOLDING>); United States v. Savage, 889 F.2d 1113, 1117 Options: A. holding that a detained defendants consent to search his car was voluntary even though the police did not tell him he was free to leave B. holding that issues of fact precluded summary judgment on the question of whether an employee was acting within the course and scope of his employment for purposes of insurance coverage when the employee was simply sitting in his vehicle in his employers parking lot waiting for the business to open at the time the accident occurred C. holding that claimant was entitled to workers compensation because he was injured in a parking lot which was leased by his employer D. holding that defendant was seized where defendant was intent on getting into waiting car to leave bus terminal parking lot and thus retention of his drivers license prevented him from going about his business E. holding that the prisoner should have been allowed to choose whether to leave his car parked in a public parking lot

assistant: The best answer is D. holding that defendant was seized where defendant was intent on getting into waiting car to leave bus terminal parking lot and thus retention of his drivers license prevented him from going about his business
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company does not intend to incur debts beyond its ability to pay such debts as they mature (taking into account the timing and amounts of cash to be payable on or in respect of its debt). The Company has no knowledge of any facts or circumstances which lead it to believe that it will file for reorganization or liquidation under the bankruptcy or reorganization laws of any jurisdiction within one year from the Closing Date. Schedule 3.1(p) sets forth as of the date hereof all outstanding secured and unsecured Indebtedness of the Company, or for which the Company has commitments. The Company is not in default as of the date hereof with respect to any Indebtedness.

assistant: Solvency
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 Reaffirmation Agreement may be executed in counterparts, each of which shall constitute an original but all of which when taken together shall constitute a single contract, and shall become effective when a counterpart hereof executed on behalf of the Reaffirming Party shall have been delivered to the Administrative Agent and a counterpart hereof shall have been executed on behalf of the Administrative Agent. Delivery of an executed signature page to this Reaffirmation Agreement by facsimile transmission or other electronic means shall be as effective as delivery of a manually signed counterpart of this Reaffirmation Agreement.

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: proper remedy is not to impose a sentence in violation of the plea agreement, but to allow the defendant to withdraw the guilty plea and either negotiate a new agreement, or proceed to trial. See United States v. Barnes, 83 F.3d 934, 941 (7th Cir. 1996) (“If we rule that some provision of the plea agreement is invalid, we must discard the entire agreement and require [the defendant] and the government to begin their bargaining over again.”); United States v. Mukai, 26 F.3d 953, 956 (9th Cir. 1994) (“If the court later finds the disposition in the plea agreement objectionable it should not reduce the sentence unilaterally in such cases, but rather should withdraw its acceptance of the plea agreement”) (internal quotation marks and citation omitted); see also Gilchrist, 130 F.3d at 1134 (<HOLDING>). 8 Bernard actually cites to U.S.S.G. § Options: A. holding specific performance of plea agreement proper remedy where defendant testified against all of his coconspirators and where court later unilaterally breached original plea agreement by imposing a ninety day term of incarceration in addition to sentence of probation that had been earlier agreed to without first providing1 defendant with opportunity to withdraw plea on the record B. holding that a federal habeas court may grant specific performance of a plea agreement in the face of evidence that the state has breached the terms of such an agreement C. holding that a defendant who is allowed to withdraw his plea must either withdraw his plea to all charges or to none when his plea to all charges was part of an agreement with the state D. holding defendants refusal to withdraw plea when afforded opportunity by sentencing court which had reviewed presentence report and found terms of plea deal inappropriate was not entitled to specific performance of original plea E. holding that if a plea agreement is breached the district court may either grant specific performance or allow the defendant to withdraw the plea

assistant: The best answer is E. holding that if a plea agreement is breached the district court may either grant specific performance or allow the defendant to withdraw the plea
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed in counterparts, each of which shall be deemed an original for all purposes. All counterparts shall be construed together and shall constitute one agreement, and facsimile/pdf copies of signatures on this Agreement will be deemed originals.

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: In that case, the lawyer had even identified the client by name, stating that “ ‘[i]n order to help determine my status to assess fees, you should know that I am an attorney representing Three Forks Ranch Corp ...’” Id. at 2 (emphasis omitted). The Court held that even this reference was not sufficient because the FOIA request did not also explicitly specify that the FOIA request was being made “on behalf of’ Three Forks Ranch Corporation. See also Burka v. United States Dep’t. Of Health & Human Services, 142 F.3d 1286, 1290-91 (D.C.Cir.1998) (finding that undisclosed client could not be real party in interest in FOIA case, and discussing dangers inherent in recognizing an “undisclosed” client as the real plaintiff); MAXXAM Inc. v. FDIC, 1999 WL 33912624 at *2 (D.D.C. Jan. 29, 1999) (<HOLDING>); Lamb v. I.R.S., 871 F.Supp. 301, 303 Options: A. holding that where a foia plaintiff seeks sensitive foreignaffairs information the court should give substantial weight to a government affidavit that the information is exempt from foia but nevertheless consider contrary evidence presented by the plaintiff B. holding that when attorney representing unigard submitted a foia request in his own name unigard lacked standing because its name did not appear on the request itself C. holding that foia exemptions are not mandatory bars to disclosure because the purpose of foia is to provide broad disclosure of government documents D. holding that only the person or entity whose name appears in the foia request is the real party in interest and thus has standing to bring subsequent foia enforcement action E. holding that when a plaintiff has no pending foia request with an agency and has not averred that he intends to make foia requests to the agency in the future any claim of future injury is simply too speculative and remote to give him standing

assistant: The best answer is D. holding that only the person or entity whose name appears in the foia request is the real party in interest and thus has standing to bring subsequent foia enforcement action
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company and its Subsidiaries shall have the power and the right to deduct or withhold, or to require a Participant to remit to the Company or to a Subsidiary, an amount that the Company or a Subsidiary reasonably determines to be required to comply with federal, state, local, or foreign tax withholding requirements.

assistant: Tax 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 case excerpt and choose the best holding from the options. Case excerpt: is the extent to which the position provides the freedom to commit a difficult-to-detect wrong.” United States v. Laljie, 184 F.3d 180, 194 (2d Cir.1999) (internal quotation marks omitted). “Whether a given position is one of trust ... is to be viewed from the perspective of the offense victims and ... will depend on the practice of the employer who is victimized.” Id. at 195 (citation omitted). Here, Anselm used an altered merchant marine license to gain a position as captain of a tugboat owned by Ognenov-ski. He performed this role without supervision, enabling him to use the tugboat for unauthorized purposes without detection. This is precisely the sort of autonomy we have held to characterize a position of trust. See, e.g., United States v. Allen, 201 F.3d 163, 166-67 (2d Cir.2000) (<HOLDING>); United States v. Castagnet, 936 F.2d 57, 58, Options: A. holding that a third party who receives trust property on inquiry notice that a trustee has misappropriated trust funds is also liable for breach of trust B. holding that officer manager who had no regular or direct supervision and was authorized to write checks and control budget preparations held a position of trust C. holding appellants reassignment from a command position to an investigative position where he reported to an officer with a lower rank and no longer served as a direct report to the chief of police supported a conclusion that appellant was transferred to a less prestigious position D. holding that courier is not in position of trust E. holding that property manager held to be a professional when granted broad autonomy and unfettered discretion

assistant: The best answer is B. holding that officer manager who had no regular or direct supervision and was authorized to write checks and control budget preparations held a position of trust
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: sued the City of Montgomery. See Kentucky v. Graham, 473 U.S. 159, 166, 105 S.Ct. 3099, 3105, 87 L.Ed.2d 114 (1985) (Official-capacity lawsuits for damages are, “in all respects other than name, ... treated as a suit against the entity.”). And to be sure, a plaintiff may sue a defendant in his official capacity, if such suit is not otherwise barred. But suing a defendant in such capacity is usually necessary only when a suit against the governmental entity itself is barred by the eleventh amendment to the United States Constitution. In such instances, a suit against governmental officeholders in their official capacities is the only effective way to bring the governmental entity into court and obtain relief. See Ex parte Young, 209 U.S. 123, 28 S.Ct. 441, 52 L.Ed. 714 (1908) (<HOLDING>). Here, however, there are no Options: A. holding that there is an exception to eleventh amendment immunity for actions seeking declaratory and injunctive relief against state officials for alleged violations of federal law B. holding an exception to eleventh amendment immunity inapplicable in a suit against state officials on the basis of state law C. holding that the eleventh amendment does not prevent private individuals from bringing suit against state officials for prospective injunctive or declaratory relief for ongoing violations of federal law D. holding that the eleventh amendment bars retrospective declaratory relief against state officials E. holding that eleventh amendment does not bar federal suit against state official for prospective injunctive relief

assistant: The best answer is A. holding that there is an exception to eleventh amendment immunity for actions seeking declaratory and injunctive relief against state officials for alleged violations of federal law
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: 2. Subject to the provisions of paragraphs 3 and 4 of this Agreement, (i) Company, as recipient of Confidential Information from or on behalf of Verenium, shall use such Confidential Information solely for the Purpose and for no other purpose or use, and

assistant: Yes
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 requested to begin the performance of services during the cancellation period , you shall pay us an amount which is in proportion to what has been performed until you have communicated us your cancellation from this contract , in comparison with the full coverage of the contract .

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: for constitutional tort claims.” Mem. Supp. Defs.’ Mot. Dismiss 8 (quoting Harris v. Holder, 885 F.Supp.2d 390, 397 (D.D.C.2012)). Defendants are also right in noting that although Plaintiffs reference 22 U.S.C. § 1623 and 42 U.S.C. § 1983 throughout their complaint, see Compl. 5-9, neither statutory provision contains a waiver of sovereign immunity. Mem. Supp. Defs.’ Mot. Dismiss 8. For their part, Plaintiffs point out only that their complaint does not contain the word “damages.” Mem. Supp. Pis.’ Resp. Defs.’ Mot. Dismiss 9, ECF No. 12. But Plaintiffs cite no authority for the proposition that a complaint’s literal avoidance of the term “damages” compels a finding that the claim “seek[s] relief other than money damages.” 5 U.S.C. § 702; cf. Blue Fox, 525 U.S. at 263, 119 S.Ct. 687 (<HOLDING>). Both parties, however, overlook the fact that Options: A. holding also that the money in the hands of the sheriff for distributions was created or at least made available by the efforts of counsel B. holding that action for lien seeks money damages because its goal is to seize or attach money in the hands of the government as compensation C. holding that exhaustion is required under the plra even if the plaintiff seeks only money damages and money damages are not available as relief D. recognizing that an action will lie for conversion of money when its identification is possible and there is an obligation to deliver the specific money in question or otherwise particularly treat the specific money E. holding that the due process clause does not obligate the government to pay money damages

assistant: The best answer is B. holding that action for lien seeks money damages because its goal is to seize or attach money in the hands of the government as compensation
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 OF THE PARTIES HERETO IRREVOCABLY SUBMITS TO THE NON-EXCLUSIVE JURISDICTION OF ANY UNITED STATES FEDERAL OR NEW YORK STATE COURT SITTING IN NEW YORK, NEW YORK, IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THE AGREEMENTS, THIS AMENDMENT OR ANY DOCUMENT EXECUTED BY ANY PARTY PURSUANT TO THE AGREEMENTS OR THIS AMENDMENT, AND EACH PARTY HERETO IRREVOCABLY AGREES THAT ALL CLAIMS IN RESPECT OF SUCH ACTION OR PROCEEDING MAY BE HEARD AND DETERMINED IN ANY SUCH COURT AND IRREVOCABLY WAIVES ANY OBJECTION IT MAY NOW OR HEREAFTER HAVE AS TO THE VENUE OF ANY SUCH SUIT, ACTION OR PROCEEDING BROUGHT IN SUCH A COURT OR THAT SUCH COURT IS AN INCONVENIENT FORUM. NOTHING HEREIN SHALL LIMIT THE RIGHT OF ANY PARTY HERETO (OR ITS ASSIGNS) TO BRING PROCEEDINGS AGAINST ANY OTHER PARTY HERETO IN THE COURTS OF ANY OTHER JURISDICTION. ANY JUDICIAL PROCEEDING BY ANY PARTY HERETO AGAINST ANY OTHER PARTY HERETO OR ANY AFFILIATE THEREOF INVOLVING, DIRECTLY OR INDIRECTLY, ANY MATTER IN ANY WAY ARISING OUT OF, RELATED TO, OR CONNECTED WITH THE SALE AGREEMENT, THIS AGREEMENT OR ANY DOCUMENT EXECUTED BY ANY PARTY HERETO PURSUANT TO AN AGREEMENT OR THIS AGREEMENT SHALL BE BROUGHT ONLY IN A COURT IN NEW YORK, NEW YORK.

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 legal provision and list the applicable contract clause categories. Provision: The Partnership shall use $13.0 million of the net proceeds from the investment contemplated hereby to repay the Partnership’s borrowings under the Credit Facility and for the purchase of equipment and other capital expenditures for CAM Mining’s operations.

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

user: Read the following U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 359 U.S. 309 79 S.Ct. 755 3 L.Ed.2d 828 Raymond Jerean KOLLER and Martin Silverbrook, Petitioners,v.UNITED STATES of America. No. 362. Supreme Court of the United States Argued March 26 and 30, 1959. April 20, 1959 Mr. Robert H. Malis, Philadelphia, Pa., for petitioners. Mr. Lionel Kestenbaum, Washington, D.C., for respondent. PER CURIAM. 1 The judgment, 255 F.2d 865, is affirmed. Rex Trailer Co. v. United States, 1956, 350 U.S. 148, 76 S.Ct. 219, 100 L.Ed. 149. 2 Mr. Justice STEWART, with whom Mr. Justice DOUGLAS and Mr. Justice WHITTAKER join, dissenting. 3 I do not agree that disposition of this case is controlled by the decision in Rex Trailer Co. v. United States, 350 U.S. 148, 76 S.Ct. 219, 100 L.Ed. 149. Believing that § 26(b)(1) of the Surplus Property Act of 1944, 40 U.S.C. § 489(b)(1), 40 U.S.C.A. § 489(b)(1), imposes a civil penalty, and that an action thereunder is therefore subject to the five-year limitation provided in 28 U.S.C. § 2462, 28 U.S.C.A. § 2462, I would reverse. Cf. United States ex rel. Marcus v. Hess, 317 U.S. 537, 63 S.Ct. 379, 87 L.Ed. 443; Erie Basin Metal Products, Inc., v. United States, 150 F.Supp. 561, 138 Ct.Cl. 67. See Priebe & Sons v. United States, 332 U.S. 407, 68 S.Ct. 123, 92 L.Ed. 32.

assistant: 1
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 aggregate number of shares and type of all authorized, issued and outstanding classes of capital stock, options and other securities of the Company and of each Subsidiary (whether or not presently convertible into or exercisable or exchangeable for shares of capital stock of the Company or any Subsidiary, as applicable) is set forth in Schedule 3.1(f) hereto. All outstanding shares of capital stock of the Company and of each Subsidiary are duly authorized, validly issued, fully paid and nonassessable and have been issued in compliance in all material respects with all applicable securities laws, and none of such outstanding shares was issued in violation of any preemptive rights or similar rights to subscribe for or purchase any capital stock of the Company or such Subsidiary. As of the Closing, the Company shall have reserved from its duly authorized capital stock not less than the maximum number of Note Shares issuable upon conversion of the Notes based on the initial Conversion Price (as defined in the Notes) of $13.11.

assistant: Capitalization
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 hereinafter provided and prior to adjustment in accordance with Sections 4.06(a) and 4.07(c) the standard early retirement allowance shall be an allowance deferred to commence on the Member’s Normal Retirement Date and shall be equal to the Member’s Accrued Benefit earned up to his or her Early Retirement Date, computed on the basis of his or her Benefit Service, Final Average Compensation, Social Security Benefit and any applicable components of the Prior Salaried Plan as of his or her Early Retirement Date, with the Social Security Benefit determined on the assumption that the Member had no earnings after his or her Early Retirement Date.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: matic life events such as the death of her daughter and an attempted rape—turned on being identified and persecuted as Jewish. Her 1-589 application as submitted in 1993, by contrast, never mentioned Petitioner’s Jewish religion or ethnicity or any persecution based on this identity, let alone the tragic events to which she later testified. Instead, the application described experiences of persecution as “the wife of a Jew,” a basis for asylum that Sinenko failed to discuss in her testimony or subsequent affidavit. In finding that Sinenko was not credible, the IJ reasonably relied on this significant shift from claiming asylum based on her husband’s identity to claiming asylum based on her own religious or ethnic identity. See Ramsameachire v. Ashcroft, 357 F.3d 169, 182 (2d Cir.2004) (<HOLDING>). While Petitioner need not have enumerated Options: A. holding that omissions in petitioners asylum application which go to the heart of the claim support adverse credibility finding B. holding an ij must to address a petitioners explanation for inconsistencies to rely upon them as the basis for an adverse credibility finding C. holding that inconsistencies between an application and testimony can serve as the basis for adverse credibility findings where the testimonial change goes to the heart of a petitioners claim D. holding when one identified ground for an adverse credibility determination is supported by substantial evidence and goes to the heart of petitioners claim of persecution the court is bound to accept the ijs adverse credibility determination E. holding that inconsistencies in the aliens statements must go to the heart of the asylum claim to justify an adverse credibility finding

assistant: The best answer is C. holding that inconsistencies between an application and testimony can serve as the basis for adverse credibility findings where the testimonial change goes to the heart of a petitioners 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 legal provision and list the applicable contract clause categories. Provision: At all times during his employment by the Company (including prior to the Effective Date) and thereafter, the Executive shall express no opinions or views or knowingly take any other actions that will adversely affect the business reputation or goodwill of the Company, its affiliates, directors, officers or employees.

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 case excerpt and choose the best holding from the options. Case excerpt: counsel is competent.” Id. at 918. Before the Rule 29.15 hearing was completed, the defendant was awarded a new trial based on demonstrated juror misconduct. Id. at 915. At the defendant’s second trial, the State introduced, over the defendant’s objection, the defendant’s incriminating testimony from the truncated Rule 29.15 hearing to establish the defendant’s guilt. Id. We acknowledged that the United States Supreme Court had not yet expanded the protection of the Fourth Amendment established in Simmons to the Sixth Amendment right to counsel. Id. at 917-18. However, we noted that “[t]he Second and Eighth Circuits have extended Simmons protection to certain statements made in the Sixth Amendment context.” Id. at 918 (citing United States v. Branker, 418 F.2d 378, 381 (2nd Cir.1969) (<HOLDING>)); United States v. Anderson, 567 F.2d 839, Options: A. holding that a defendant who testified to proceed in forma pauperis could not have that testimony used against him at trial to establish his knowing presentment of false claims as the defendants constitutional rights to counsel are no less important than the constitutional rights to protection against illegal searches and seizure B. recognizing defendants state and federal constitutional rights to testify C. holding trial counsel was ineffective for failing to object to improper argument about defendants exercise of his right to a jury trial and stating that the prosecution cannot use the defendants exercise of specific fundamental constitutional guarantees against him at trial D. recognizing the right to trial by jury is a constitutional right to be given the same protections as other constitutional rights E. recognizing cause of action against federal officials for violation of constitutional rights

assistant: The best answer is A. holding that a defendant who testified to proceed in forma pauperis could not have that testimony used against him at trial to establish his knowing presentment of false claims as the defendants constitutional rights to counsel are no less important than the constitutional rights to protection against illegal searches and seizure
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 consummation of the transactions contemplated in Section 2.1 (the “ Closing ”) will take place (i) at the offices of Chadbourne & Parke LLP in New York, New York at 10:00 a.m. (Eastern time) (the “ Effective Time ”) on the date (the “ Closing Date ”) upon which all of the conditions in Section 2.5 and Section 2.6 have either been satisfied or, in the case of conditions not satisfied, waived in writing by the Party entitled to the benefit of such conditions or (ii) at such other place and time as JPM and the Sellers may agree in writing. The rights and obligations of the Parties hereunder and under the documents delivered pursuant to Section 2.5 and Section 2.6 shall not take effect until the Effective Time and such documents shall be of no force and effect until the Closing is consummated.

assistant: Closings
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 Committee shall have the duty and authority to interpret and construe, in its sole discretion, the terms of the Plan in regard to all questions of eligibility, the status and rights of Participants, and the manner, time and amount of any payment under the Plan. The Committee or its representative shall decide any issues arising under this Plan, and the decision of the Committee shall be binding and conclusive on the Participants and the Company. Any variations from the Plan may be made only by the Committee in its sole discretion.

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 case excerpt and choose the best holding from the options. Case excerpt: twice for the same offense arising from the same act. See State v. Craft, 685 So.2d 1292 (Fla.1996). Accordingly, because Appellant was twice convicted for the same offense arising from a single episode, we reverse and remand with directions that the trial court vacate Appellant’s conviction on Count I. We also remand for recalculation of the score sheet and re-sentencing since the vacated conviction will result in a reduced sentencing range. See Johnson v. State, 744 So.2d 1221 (Fla. 4th DCA 1999)(re-manding for re-sentencing where one of defendant’s convictions was vacated and the appellate court was unable to conclude that the defendant’s sentence would have been the same had the trial court used a properly prepared score sheet); Roy v. State, 711 So.2d 1848 (Fla. 1st DCA 1998)(<HOLDING>). AFFIRMED in part; REVERSED in part; and Options: A. holding habitual offender sentence rendered any errors in guidelines score sheet harmless B. holding that resentencing is required C. holding that seventh application for postconviction relief which was rejected because evidence on which it was based was not properly authenticated was properly filed D. holding that on a motion for postconviction relief defendant was entitled to reduction of points based upon a vacated conviction which resulted in a reduced sentencing range which required resentencing with a corrected score sheet E. holding defendant sentenced to term equal to maximum guidelines sentence under improperly calculated sentencing guidelines scoresheet was not entitled to be resentenced because defendant was habitualized such that sentencing guidelines score sheet was irrelevant and the sentence imposed was not illegal

assistant: The best answer is D. holding that on a motion for postconviction relief defendant was entitled to reduction of points based upon a vacated conviction which resulted in a reduced sentencing range which required resentencing with a corrected score sheet
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: services, which the Court finds could result in the dilution of the Plaintiffs marks, depending on what discovery reveals with respect to (1) whether the Defendant’s use has impacted the selling power of the James Van Praagh and the Van Praagh Trademark and (2) the quality of the services offered by the Plaintiff while using the James Van Praagh Trademark and the Van Praagh Trademark as compared to those offered by the Defendant while using similar marks. The Court declines to further expound upon the dilution factor at this time, as to do so would require raising questions of fact, which would be inappropriate for this Court to address while resolving a Rule 12(b)(6) motion to dismiss. See, e.g., Perkins School for the Blind v. Maxi-Aids, Inc., 274 F.Supp.2d 319, 326 (E.D.N.Y. 2003) (<HOLDING>). Therefore, the Defendant’s motion to dismiss Options: A. holding where reasonable difference of opinion as to whether the defendants act was the or a proximate cause of the injury the matter is for the jury to decide B. holding that the question of whether police had a reasonable basis for finding that a third party had authority to consent to search is a question of law C. holding that claim construction is an issue of law for the court not a question of fact for the jury D. recognizing that under district of columbia law what the parties deem to be the material elements of their agreement either set forth in or absent from those documents is largely a question of fact for the jury and concluding in that case that whether an enforceable oral contract was created and was subsequently breached is a question of fact for the jury to decide not this court E. holding that the question of whether the defendants selling of the plaintiffs product using a different warranty may mislead or deceive a reasonable consumer probably is a question for the jury not for this court decide on a rule 12b6 motion to dismiss

assistant: The best answer is E. holding that the question of whether the defendants selling of the plaintiffs product using a different warranty may mislead or deceive a reasonable consumer probably is a question for the jury not for this court decide on a rule 12b6 motion to dismiss
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company shall pay Executive an annual salary of three hundred thousand dollars ($300,000) per year, payable in equal installments once monthly or at more frequent intervals in accordance with the Company's customary pay schedule, subject to such increases as the Company may determine from time to time in its sole discretion.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: activities of pre-petition creditors. See 11. U.S.C. § 362(a)(5) & (c)(2). Furthermore, to the extent that debtors, trustees, or creditors are concerned about meddling by secured creditors, potential problems of debtors managing property subject to retained liens, or abuse of the bankruptcy system by debtors, they are free to advocate that a plan" defer § 1327 revesting until discharge. 9 . The Trustee argues in th.e alternative that even if the Talbots' residence was not property of the bankruptcy estate, the sales proceeds representing post-confirmation appreciation in value of the residence constitutes property of the estate pursuant to § 1306(a)(1) of the Code. This is a dubious argument. See Black v. United States Postal Service (In re Heath), 115 F.3d 521, 524 (7th Cir.1997) (<HOLDING>). Because, however, the Trustee did not raise Options: A. holding creditors lacked standing to file an adversary action asserting the interests of the estate in seeking to prevent a former principal of the debtor from interfering with the chapter 11 reorganization given the lack of showing of the debtors consent and any determination by the bankruptcy court that the suit would be beneficial to the estate and necessary to a fair and efficient resolution of the bankruptcy proceedings B. holding that bankruptcy plan of reorganization rather than 1961 controlled the setting of the interest rate C. holding that a bankruptcy court has the authority to order the irs to apply the payments to trust fund liabilities if the bankruptcy court determines that this designation is necessary to the success of a reorganization plan D. holding that postconfirmation income that isnot necessary to the fulfillment of the plan of reorganization does not become part of bankruptcy estate E. recognizing broad scope of the reorganization estate

assistant: The best answer is D. holding that postconfirmation income that isnot necessary to the fulfillment of the plan of reorganization does not become part of bankruptcy estate
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: versa. Id. This court reviews a district court’s determination of inequitable conduct under a two-tiered standard: we review the underlying factual determinations of materiality and intent for clear error, and we review the ultimate decision as to inequitable conduct for an abuse of discretion. Star Scientific, 537 F.3d at 1365. If the district court’s inequitable conduct determination rests on a clearly erroneous finding of materiality or intent, it constitutes an abuse of discretion and must be reversed. Id. We agree with Honda that the undisclosed 96RL information was material to the Three-Status patent because the jury found, and the court upheld, the asserted claims as anticipated by the 96RL system, and ACI has not appealed that decision to us. See Therasense, 649 F.3d at 1291-92 (<HOLDING>). The materiality of the undisclosed Options: A. holding that in reviewing a defendants motion for judgment of acquittal based on insanity which the defendant must prove by clear and convincing evidence the court must determine whether no reasonable jury could have failed to find that the defendants criminal insanity at the time of the offense was established by clear and convincing evidence B. holding that if a claim is properly invalidated in district court based on the deliberately withheld reference then that reference is necessarily material because a finding of invalidity in a district court requires clear and convincing evidence a higher evidentiary burden than that used in prosecution at the pto C. holding that a finding of fraud may be reversed only for clear error but that the finding must be judged in view of the clear and convincing burden of proof D. holding that fraud on the court must be supported by clear unequivocal and convincing evidence E. holding that appellate court may infer that district court considered sentencing guidelines policy statements despite district courts failure to make explicit reference to them

assistant: The best answer is B. holding that if a claim is properly invalidated in district court based on the deliberately withheld reference then that reference is necessarily material because a finding of invalidity in a district court requires clear and convincing evidence a higher evidentiary burden than that used in prosecution at the pto
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: Kite will reimburse you for all normal, usual and necessary expenses incurred in furtherance of the business and affairs of Kite upon timely receipt by Kite of appropriate vouchers or other proof of your expenditures and otherwise in accordance with any expense reimbursement and approval policy as may from time to time be adopted by Kite.

assistant: Expenses