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: Its proceedings are not adversary in nature, but rather consist of inquiries conducted by laymen without resort to the technicalities of trial procedure”). 21 We have held, however, that “the grand jury may request advice and that the prosecutor is authorized to explain matters of law.” Sheriff v. Keeney, 106 Nev. 213, 218, 791 P.2d 55, 58 (1990). 22 See U.S. Const. amend. V; Nev. Const. art. 1, § 8. 23 See Gordon v. Ponticello, 110 Nev. 1015, 1017-19, 879 P.2d 741, 743 (1994) (stating that discovery does not fall within the scope of rights afforded to persons under grand jury investigation); Bright, 108 Nev. at 502, 835 P.2d at 785 (declining to extend the right to counsel to indigent grand jury targets). 24 Accord State v. Augustin M., 68 P.3d 182, 187-88 (N.M. Ct. App. 2003) Options: A. holding that new mexicos rule that the state must present known evidence that directly negates a targets guilt does not extend to instructions respecting possible defenses B. holding that new evidence must be evidence that is not merely cumulative C. holding that rule b attachment does not extend to afteracquired property D. holding that the evidence did not present the proof necessary to warrant the findings of guilt and disbarment E. holding that plaintiff must present such evidence

assistant: The best answer is A. holding that new mexicos rule that the state must present known evidence that directly negates a targets guilt does not extend to instructions respecting possible defenses
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: requested multiple continuances and further delayed matters by re peatedly seeking the removal and replacement of counsel. Delays resulting from the repeated replacement of counsel are the fault of the defendants, not the government. See Brillon, 556 U.S. at 94, 129 S.Ct. 1283. Nor can the delay resulting from the withdrawal of the plea is be attributed to the government. The time a trial is delayed due to the entry and subsequent withdrawal of a guilty plea is not chargeable to the government and does not result in a speedy trial violation. See United States v. Ewell, 383 U.S. 116, 120, 86 S.Ct. 773, 15 L.Ed.2d 627 (1966) (permitting retrial despite delay resulting from guilty plea being set aside because of defective indictment); United States v. Doria, 891 F.2d 296 (9th Cir. 1989) (<HOLDING>); United States v. Herman, 576 F.2d 1139, 1145 Options: A. holding that a defendants guilty plea was unconditional where the guilty plea was not in writing and the government did not consent to it being conditional B. holding that the government was not responsible for delay from withdrawal of guilty plea C. holding that a criminal defendant must provide a fair and just reason to support withdrawal of his guilty plea even when that plea has not yet been accepted by the district court D. holding that prosecution is generally entitled to specific performance or withdrawal of plea following defendants breach but because the government waived its right to withdrawal of plea only the possibility of specific performance remained E. holding that the defendant has the burden of proving a fair and just reason for withdrawal of a guilty plea

assistant: The best answer is B. holding that the government was not responsible for delay from withdrawal of guilty 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: Seller will maintain in effect, or cause to be maintained in effect, at Seller’s own expense, such liability insurance as Seller shall deem appropriate in its good faith business judgment. The Agent, for the benefit of the Purchasers, shall be named as an additional insured with respect to all such liability insurance maintained by Seller. Seller will pay or cause to be paid, the premiums therefor and deliver to the Agent evidence satisfactory to the Agent of such insurance coverage. Copies of each policy shall be furnished to the Agent and any Purchaser in certificated form upon the Agent’s or such Purchaser’s request. The foregoing requirements shall not be construed to negate, reduce or modify, and are in addition to, Seller’s obligations hereunder.

assistant: Insurances
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: Defendants knew she was a minor, or (2) Defendants recklessly disregarded the fact she was a minor, or (8) Defendants had a reasonable opportunity to observe her. Accordingly, the superseding indictment which only charged reasonable opportunity to observe the victim was sufficient and the district court erred by dismissing it. B. The Conspiracy Charge Defendants argue our interpretation of § 1591(c) does not resolve whether the district court erred by dismissing the conspiracy counts. Relying on a ease from the Seventh Circuit, they assert they could not have agreed to commit the crime of child sex trafficking without knowing the victim was a minor at the time they entered into any agreement to violate 18 U.S.C. § 1591. See United States v. Salgado, 519 F.3d 411, 415 (7th Cir. 2008) (<HOLDING>). This argument confuses the conduct charged in Options: A. holding the crime of conspiracy is committed or not before the substantive crime begins B. holding that because it is axiomatic that the defendants could have been prosecuted for conspiracy without ever having committed a substantive crime they could be charged with felony conspiracy and misdemeanors C. holding that if a crime is broadly defined the court can look beyond the elements of the crime D. holding that counsel did not admit the defendant was guilty of a crime when counsel noted that if the evidence established the commission of any crime that crime was voluntary manslaughter not murder E. holding that before the accessory to a crime can be convicted as such it must be shown that the crime has been committed by the principal

assistant: The best answer is A. holding the crime of conspiracy is committed or not before the substantive crime begins
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: projects were to be supervised by at least two trained staff members. Id. Despite these policies and rules, when Sierra had been employed by AMI for only eight days, he was sent alone to supervise three youths on a work project, two of whom had recently been classified as escape risks. Sierra had not undergone the required training. He was not told of the risk status of the youths he was supervising. No one was assigned to accompany him. This court held that these facts were sufficient to establish the level of indifference to employee safety necessary to support an action against AMI. Other cases that have allowed actions to go forward against employers have involved a similar level of indifference to employee safety. See, e.g., EAC USA Inc. v. Kawa, 805 So.2d 1 (Fla. 2d DCA 2001) (<HOLDING>); Connelly v. Arrow Air, Inc., 568 So.2d 448 Options: A. holding that an employer who commits an intentional tort against his employee cannot claim that the act was accidental so that workers compensation is the employees exclusive remedy B. holding that oncall security guard was covered under insurance policy requiring him to be on the business of the employer where among other factors the employer benefitted from the arrangement by reducing the number of guards who had actually to be on duty C. holding that the intentional tort exception to employer immunity includes an objective standard to measure whether the employer engaged in conduct which was substantially certain to result in injury D. holding that although there was evidence of discrimination by the employer based on race there was insufficient evidence to support a finding that the employer had constructively discharged the plaintiff E. holding that employer could be subject to contribution claim based on the intentional tort exception to workers compensation immunity when there was evidence that employer had removed safety guards from printing presses had been warned of the dangers but refused to reinstall the guards disregarding safety notices about the machinery and had instructed employees to engage in dangerous practices

assistant: The best answer is E. holding that employer could be subject to contribution claim based on the intentional tort exception to workers compensation immunity when there was evidence that employer had removed safety guards from printing presses had been warned of the dangers but refused to reinstall the guards disregarding safety notices about the machinery and had instructed employees to engage in dangerous practices
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: persuasive, not binding. [D.E. 73]; see 11 Cir. R. 36-2, Unpublished Opinions (“unpublished opinions are not considered binding precedent, but they may be cited as persuasive authority”). In sum, the Bell court, relying solely on Turner Murphy, 659 So.2d 1242 (Fla. 1 DCA 1995), ignored a myriad of well thought out Florida court opinions that interpret these very issues, and to which this Court must defer. Mainly, Turner Murphy predates the Nadd v. Le Credit Lyonnais, S.A., 804 So.2d 1226 (Fla.2001) and Burshan v. National Union Fire Ins. Co. of Pittsburgh, PA., 805 So.2d 835 (Fla. 4th DCA 2001) line of cases, and ignores detailed Florida Supreme Court opinions that hold that the twenty (20) year statute of limitations applies. See B.A. Lott v. Padgett, 153 Fla. 304, 14 So.2d 667 (1943) (<HOLDING>); Young v. McKenzie, 46 So.2d 184 (Fla. 1950) Options: A. holding that the lien of a united states district court judgment was effective for twenty years B. holding that a chapter 13 debtor had standing to avoid a judgment lien to the extent of her exemption amount but not the entire judgment lien C. holding that sovereign immunity bars an attorneys lien against the united states D. holding that the fcia does not apply to a september 1981 judgment against the united states for interest accruing after the acts effective date E. holding that sovereign immunity does not bar extinguishment of united states junior lien in proceeding in which united states was not a party

assistant: The best answer is A. holding that the lien of a united states district court judgment was effective for twenty 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: represents a constitutional policy of finality for the defendant’s benefit in criminal proceedings.” (Stevens, J., concurring)). ¶7 The Fifth Amendment to the United States Constitution guarantees, “[n]o person shall be . . . subject for the same offense to be twice put in jeopardy of life or limb.” Article I, section 9 of the Washington Constitution states, “[n]o person shall... be twice put in jeopardy for the same offense.” Both clauses have consistent analytical interpretations. State v. Gocken, 127 Wn.2d 95, 102-03, 896 P.2d 1267 (1995). ¶8 The double jeopardy clause bars retrial where jeopardy has previously attached, and has terminated, and the defendant is in jeopardy a second time for the same offense in fact and law. State v. Ervin, 158 Wn.2d 746, 752, 147 P.3d 567 (2006) (<HOLDING>). Jeopardy may be terminated by acquittal, Options: A. holding that where a conviction is reversed after trial the double jeopardy clause does not bar a government appeal that if successful would only reinstate the conviction and would not subject defendant to a second trial B. holding that the entire sentencing plan must be reevaluated in instances in which a defendant successfully challenges one of several interdependent sentences C. holding that the government may appeal a postverdict ruling without violating double jeopardy where the appeal does not result in a new trial D. holding that the obligation does not terminate upon death E. holding where a defendant successfully challenges a conviction on appeal jeopardy does not terminate

assistant: The best answer is E. holding where a defendant successfully challenges a conviction on appeal jeopardy does not terminate
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: 3. Notwithstanding any other provisions of the Agreement, each party acknowledges that Confidential Information shall not include any information which: e. is required to be disclosed by law, provided however that the Receiving Party shall give immediate notice of any such request for disclosure and cooperate with the Disclosing Party in its efforts to obtain a protective order or other protection from the requirement or consequences of disclosure.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of the District Court’s inherent authority. See Appellee’s Br. 14-15. We decline the invitation, because the District Court did not purport to rely on its inherent authority. Instead, it specifically granted the sanctions award under § 1927. The court’s passing reference to the.“reasons offered by Plaintiff’ in the subsequent order liquidating the award of sanctions, Manion v. Am. Airlines, Inc., No. 96-2094, Order (D.D.C. Sept. 29, 2003), App. 169, does not indicate that the District Court intended to rely on a different sanctioning authority than that pursuant to which the sanction was expressly granted. We therefore conclude that the sanctions award was ordered solely pursuant to 28 U.S.C. § 1927. . See GRiD Sys. Corp. v. John Fluke Mfg. Co., 41 F.3d 1318, 1320 (9th Cir.1994) (<HOLDING>); cf. Ashby v. McKenna, 331 F.3d 1148, 1151 Options: A. recognizing inherent power of federal district court to sanction conduct abusive of judicial process B. holding the court has the inherent authority to enter an order of confidentiality C. holding that the district court possessed the inherent judicial authority to empanel a resentencing jury on remand from reversal of the respondents enhanced sentence and because the district court erred by failing to recognize that it possessed this inherent judicial authority boehl reversed and remanded for the district courts discretionary determination of whether to exercise that authority D. recognizing district courts inherent authority to dismiss with prejudice for abuse of judicial process E. holding that a sanction cannot be affirmed under the district courts inherent authority where the court relied on 1927

assistant: The best answer is E. holding that a sanction cannot be affirmed under the district courts inherent authority where the court relied on 1927
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 may purchase and maintain insurance, to the extent and in such amounts as the Board will, in its sole discretion, deem reasonable, on behalf of Covered Persons and such other Persons as the Board will determine, against any liability that may be asserted against or expenses that may be incurred by any such Person in connection with the activities of the Company or such indemnities, regardless of whether the Company would have the power to indemnify such Person against such liability under the provisions of this Agreement. The Board and the Company may enter into indemnity contracts with Covered Persons and such other Persons as the Board will determine and adopt written procedures pursuant to which arrangements are made for the advancement of expenses and the funding of obligations under Section 12.4 and containing such other procedures regarding indemnification as are appropriate.

assistant: Insurances
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: Jones immediately resigned and Restaurant Management accepted his resignation. The record also shows that Restaurant Management investigated whether there was any other employee involvement and found that Jones had acted alone. Since the record fails to forecast evidence that Restaurant Management ratified the actions of Jones, the trial court properly granted summary judgment on this issue. C. Breach of Implied Warranty of Merchantability The trooper next argues that the trial court erred in granting summary judgment to Restaurant Management as to his claim for breach of the implied warranty of merchantability. We agree. The nature of a claim for breach of an implied warranty of merchantability is contractual. See Tedder v. Bottling Co., 270 N.C. 301, 304, 154 S.E.2d 337, 339 (1967) (<HOLDING>). In general, a retailer impliedly warrants Options: A. holding bottling company liable for breach of implied warranty of merchantability for presence of deleterious substance in product that resulted in consumers illness B. holding plaintiff had to commence his breach of implied warranty action under the dtpa within two years because tjhis special statute of limitations denies plaintiffs alternative proposal of entitlement to recover for breach of the common law implied warranty C. holding that an implied warranty of merchantability does not create a labeling requirement different from or in addition to those mandated by fifra because the implied warranty of merchantability arises from the sale itself not from a state labeling regulation citation omitted D. holding that an action for breach of implied warranty of merchantability under the uniform commercial code is a product liability action within the meaning of the products liability act if as here the action is for injury to person or property resulting from a sale of a product E. holding inter alia defendant breached implied warranty of merchantability where an express warranty regarding safety of goods was printed on package and where goods failed to conform to the express warranty

assistant: The best answer is A. holding bottling company liable for breach of implied warranty of merchantability for presence of deleterious substance in product that resulted in consumers illness
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as described in the SEC Reports, the Company has good and marketable title to its properties and assets, including the properties and assets reflected in the most recent balance sheet included in the Company’s financial statements, and good title to its leasehold estates, in each case subject to no Encumbrances, other than (a) those resulting from taxes which have not yet become delinquent; and (b) Encumbrances which do not materially detract from the value of the property subject thereto or materially impair the operations of the Company; and (c) those that have otherwise arisen in the ordinary course of business, none of which are material. The Company is in compliance with all material terms of each lease to which it is a party or is otherwise bound.

assistant: Liens
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 to be made by the Borrowers shall be made free and clear of and without condition or deduction for any counterclaim, defense, recoupment or setoff. Except as otherwise expressly provided herein, all payments by the Borrowers hereunder shall be made to the Administrative Agent, for the account of the respective Lenders to which such payment is owed, at the Administrative Agent’s Office in Dollars and in immediately available funds not later than 12:00 p.m. on the date specified herein. The Administrative Agent will promptly distribute to each Lender its Applicable Percentage (or other applicable share as provided herein) of such payment in like funds as received by wire transfer to such Lender’s Lending Office. All payments received by the Administrative Agent after 12:00 p.m. shall be deemed received on the next succeeding Business Day and any applicable interest or fee shall continue to accrue. Subject to Section 2.07 and as otherwise specifically provided for in this Agreement, if any payment to be made by the Borrowers shall come due on a day other than a Business Day, payment shall be made on the next following Business Day, and such extension of time shall be reflected in computing interest or fees, as the case may be.

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 legal provision and list the applicable contract clause categories. Provision: On the date hereof and immediately following the making of each Loan, if any, made on the date hereof and after giving effect to the application of the proceeds of such Loans, (a) the sum of the liabilities (including contingent liabilities) of the Parent and its subsidiaries, on a consolidated basis, does not exceed the fair value of the present assets of the Parent and its subsidiaries, on a consolidated basis; (b) the present fair saleable value of the assets of the Parent and its subsidiaries, on a consolidated basis, is greater than the total amount that will be required to pay the probable liabilities (including contingent liabilities) of the Parent and its subsidiaries as they become absolute and matured; (c) the capital of the Parent and its subsidiaries, on a consolidated basis, is not unreasonably small in relation to their business as contemplated on the date hereof; (d) the Parent and its subsidiaries, on a consolidated basis, have not incurred and do not intend to incur, or believe that they will incur, debts or other liabilities, including current obligations, beyond their ability to pay such debts or other liabilities as they become due (whether at maturity or otherwise); and (e) the Parent and its subsidiaries, on a consolidated basis, are “solvent” within the meaning given to that term and similar terms under applicable laws relating to fraudulent transfers and conveyances. The Borrower does not intend to, or to permit any of its Subsidiaries, to, and does not believe that it or any of its Subsidiaries, will, incur debts beyond its ability to pay such debts as they mature, taking into account the timing of and amounts of cash to be received by it or any such Subsidiary, and the timing of the amounts of cash to be payable on or in respect of its Funded Indebtedness or the indebtedness of any such Subsidiary.

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 case excerpt and choose the best holding from the options. Case excerpt: J. Sweetapple, Broeker & Varkas, P.L. (“the Firm”) petitions for a writ of certio-rari, seeking to quash a discovery order that permits Jacqueline M. Simmons (“the Judgment Creditor”) to view trust account wire receipts. After obtaining two judgments ag 82) (<HOLDING>). Because the records are not privileged, the Options: A. holding that the information is not protected by attorneyclient privilege B. holding that a document which is given to an attorney in the course of seeking legal advice is privileged in the hands of the attorney only if it was privileged in the hands of the client C. holding that a judgment debtors trust fund records are not protected by the attorneyclient privilege because djocuments which are not privileged in the hands of the client cannot be shielded by transferring them to the attorney D. holding that there are many transactions between attorney and client that have no element of confidence in them of which the attorney is competent to testify E. holding that if documents are privileged in the hands of the client they retain that privilege when given to an attorney for the purpose of seeking legal advice

assistant: The best answer is C. holding that a judgment debtors trust fund records are not protected by the attorneyclient privilege because djocuments which are not privileged in the hands of the client cannot be shielded by transferring them to the attorney
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company is duly incorporated, validly existing, and in good standing under the laws of the State of Delaware. The Company has all requisite power and authority to own and operate its properties and assets and to carry on its business as presently conducted and as proposed to be conducted. The Company is qualified to do business as a foreign entity in every jurisdiction in which the failure to be so qualified would have, or would reasonably be expected to have, a material adverse effect, individually or in the aggregate, upon the business, properties, tangible and intangible assets, liabilities, operations, prospects, financial condition or results of operation of the Company or the ability of the Company to perform its obligations under the Transaction Agreements (a “ Material Adverse Effect ”).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Employer agrees to pay Executive during the Term of Employment an annual base salary of $350,000 (“Base Salary”), which amount may be increased but may not be decreased, without the consent of Executive, during the Term of Employment. Executive’s base salary shall be paid in installments in accordance with Employer’s standard payroll policies and procedures.

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: physician. The physician that treated Street testified as to the adequacy of Street’s care. Street offers only his own conclusory statements to the contrary. "[Ijnadequate prison medical care violate[s] the Cruel and Unusual Punishments Clause [only when it amounts to] 'deliberate indifference to serious medical needs of prisoners'”. Id. at -, 114 S.Ct. at 1978 (quoting Estelle v. Gamble, 429 U.S. 97, 104, 97 S.Ct. 285, 291, 50 L.Ed.2d 251 (1976)). Street's medical needs were met. While there is evidence that Street had requested more medical care (i.e., pain medication prior to his hospital visit), "there is no evidence that [the defendants] either w[ere] aware of or had any responsibility for this lack of medical attention.” Sanderfer v. Nichols, 62 F.3d 151, 155 (6th Cir.1995) (<HOLDING>). 14 . In Farmer, the Court noted, "At what Options: A. holding that statements in medical records given for the primary purpose of medical diagnosis and treatment are nontestimonial B. holding failure to check medical records of inmate that eventually died to be mere negligence C. holding that constitutional right of privacy does not apply to medical records D. recognizing negligence cause of action for failure to maintain medical records preservation of which was required by statute E. holding that to the extent medical records may be properly categorized as business records such records are properly categorized as nontestimonial

assistant: The best answer is B. holding failure to check medical records of inmate that eventually died to be mere negligence
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 States, so that it would be inappropriate to infer a cause of action based solely on federal law. Id. at 78, 95 S.Ct. 2080. (quotations omitted). Subsequent Supreme Court decisions have focused the Cort analysis to “emphasize the centrality of the second factor — Congressional intent; treating the other factors as ‘proxies of for the Eleventh Circuit in Arrow Airways, Inc. v. Dade County, 749 F.2d 1489 (11th Cir.1985) held that “[b]ased upon the ... lack of any evidence in the 1982 Act of an intent to create a private right of action, we conclude that the district court properly held that Appellants had no express or implied cause of action under 49 U.S.C. § 2210.” Id. at 1491; see also Four T’s, Inc. v. Little Rock Municipal Airport Commission, 108 F.3d 909, 915-16 (8th Cir.1997) (<HOLDING>); accord Northwest Airlines, Inc. v. County of Options: A. holding that no private right of action exists B. holding that no private right of action exists under any of the provisions of the airport and airway improvement act C. recognizing that no private right of action exists for subsection a violations D. recognizing private right of action E. holding that a private right of action exists

assistant: The best answer is B. holding that no private right of action exists under any of the provisions of the airport and airway improvement act
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: of Falun Gong. Thus, absent some convincing showing that Chinese authorities maintain an active interest in Li or others similarly situated, we cannot find, contrary to the agency, that he established eligibility for asylum. Because the denial of asylum was proper on that ground alone, we need not reach the agency’s adverse credibility finding. Li’s inability to meet the burden of proof for asylum necessarily precludes his eligibility for withholding of removal, which carries a higher burden of proof. See 8 C.F.R. § 208.16(b); Ramsameachire, 357 F.3d at 178. Further, because Li fails to challenge in his brief to this Court the agency’s denial of his application for CAT relief, we deem any such argument waived. Yueqing Zhang v. Gonzales, 426 F.3d 540, 541 n. 1, 545 n. 7 (2d Cir.2005) (<HOLDING>). For the foregoing reasons, the petition for Options: A. holding issues argued orally but not addressed in brief were waived B. holding that issues not clearly raised in initial briefs are considered abandoned C. holding that issues raised for the first time on appeal will not be considered D. holding that issues not argued on appeal are deemed abandoned E. holding that issues not sufficiently argued in the briefs are considered waived and normally will not be addressed on appeal

assistant: The best answer is E. holding that issues not sufficiently argued in the briefs are considered waived and normally will not be addressed on appeal
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: Shares issued pursuant to any Stock Award (including, without limitation, the percentage of actual achievement relative to pre-established target Performance Goals) may or may not be made subject to vesting conditioned upon the satisfaction of such Service requirements, conditions, restrictions or performance criteria, including, without limitation, a Performance Award Formula and/or Performance Goals (the “ Vesting Conditions ” ), as shall be established by the Committee and set forth in the Award Agreement evidencing such Award. During any period (the “ Restriction Period ” ) in which shares acquired pursuant to a Stock Award remain subject to Vesting Conditions, such shares may not be sold, exchanged, transferred, pledged, assigned or otherwise disposed of other than pursuant to a Change of Control as provided in Section 11, or as provided in Section 8.8. Upon request by the Company, each Participant shall execute any agreement evidencing such transfer restrictions prior to the receipt of shares of Stock hereunder and shall promptly present to the Company any and all certificates representing shares of Stock acquired hereunder for the placement on such certificates of appropriate legends evidencing any such transfer restrictions. Restricted Stock Units may be subject to such conditions that may delay the delivery of the shares of Stock (or their cash equivalent) subject to Restricted Stock Units after the vesting of such Award.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: To the extent allowed by law each of the parties agree to indemnify, defend, and hold harmless the other party from any loss, attorney’s fees, expenses, or claims attributable to breach or default of any provision of this Agreement by the indemnifying party provided that the requirements of this Section 8(I) shall in no way limit the Consultant’s obligations under Section 6 of this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement is fully integrated, represents the entire understanding of the Parties, and supersedes all prior oral, written and/or electronic discussions, negotiations, and agreements concerning the subject matter of this Agreement. There are no other agreements, representations, promises, or negotiations that have not been expressly embodied herein with respect to the subject matter hereof. The recitals of this Agreement are material and contractual.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: no reason why factual information given by the bank should not be accurate. When a bank officer makes representations or omissions of material facts false at the time, and where that officer has not exercised reasonable care and diligence to see that the information dispensed is accurate, the bank may incur a liability. In that case, the bank officer significantly misstated the credit history of the bank’s customer to an inquiring business. The business agreed to make a sale on credit to the customer and consequently lost approximately $10,000 in merchandise when the customer failed to pay. The court held that the bank may be liable for material misrepresentations of fact. See id. at 702; also M.S.A § Tubular Prod., Inc. v. First Bank & Trust Co., 869 F.2d 1422, 1424 (10th Cir.1989) (<HOLDING>); Nevada Nat’l Bank v. Gold Star Meat Co., 89 Options: A. holding that murder committed by customer was not foreseeable result of excessive sale of alcohol to customer B. holding representations from a bank that a check of 95000 from banks customer would be honored when customer usually had less than 10000 on deposit was actionable C. holding that arbitration clause which was included with product mailed to customer and with proviso that customer could return product within 30 days was binding on customer who did not return computer D. holding a bank officer who informed a third party that it would be safe to extend 8000 credit to bank customer although customer did not have an open account at the bank could be held liable for the material misrepresentation E. recognizing that a bank customer may have a tort claim against a bank for the wrongful dishonor of a check

assistant: The best answer is B. holding representations from a bank that a check of 95000 from banks customer would be honored when customer usually had less than 10000 on deposit was actionable
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 use the same corporate logo. Id. at 11-12. This fact shows that Siemens Germany exerts some control over Siemens Austria’s marketing policies, but is insufficient to show “pervasive” or “complete” control, or that the distinction between the companies is more formal than real. Plaintiffs also argue that Siemens Austria is a mere department of Siemens Germ .2d 544, 550 (S.D.N.Y.2001) (“In absence of direct evidence of control, J.L.B. relies on Ocwen’s webpage, which, according to J.L.B., treats Ocwen and Ocwen Bank as one. [T]he Court is not persuaded that failure to distinguish between and subsidiary on a webpage is sufficient to show that the parent controls the subsidiary’s marketing and operational policies.”); Bellomo v. Pennsylvania Life Co., 488 F.Supp. 744, 745 (S.D.N.Y.1980)(<HOLDING>). Finally, plaintiffs allege an “overlap in Options: A. holding that parent is liable for acts of subsidiary under agency theory only if parent dominates subsidiary parent of whollyowned subsidiary that had seats on board took part in financing and approved major policy decisions was not liable because parent did not have daytoday control B. holding that a parent does not subject itself to jurisdiction merely by portraying an affiliate as part of a unitary enterprise C. holding that personal jurisdiction is not required to make an outofstate parent a party to custody action where the state court has subject matter jurisdiction under the uniform child custody jurisdiction act D. holding that the right to support is not subject to waiver by either parent E. holding that a parent must exercise some control over the subsidiarys activities which does not require that the subsidiary be controlled to an ultimate degree by its parent although something more than mere passive investment by the parent is required the parent must have and exercise control and direction over the affairs of its subsidiary in order for venue to be proper

assistant: The best answer is B. holding that a parent does not subject itself to jurisdiction merely by portraying an affiliate as part of a unitary enterprise
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: During the Employment Period, the Executive shall be entitled to receive prompt reimbursement for all reasonable expenses incurred by the Executive in accordance with the most favorable policies, practices and procedures of Unisys and its affiliated companies in effect for the Executive at any time during the 120-day period immediately preceding the Effective Date or, if more favorable to the Executive, as in effect generally at any time thereafter with respect to other peer executives of Unisys and its affiliated companies, consistent with applicable local laws and customs, if any.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: predicate prior conviction for the sexual predator designation, concluding the date of sentencing was controlling. This was error. In order to be counted as a prior felony for the purpose of designating a defendant a sexual predator, “the felony must have resulted in a conviction sentenced separately, or an adjudication of delinquency entered separately, prior to the current offense and sentenced or adjudicated separately from any other felony conviction that is to be counted as a prior felony regardless of the date of offense of the prior felony.” § 775.21(4)(b), Fla. Stat. (2012) (emphasis added). This means the conviction and sentence on the predicate prior felony must be entered before the current felony is committed. See id.; Sadler v. State, 112 So.3d 498, 499 (Fla. 1st DCA 2012) (<HOLDING>). Applied to this case, the Orange County Options: A. holding that counsel was not ineffective in failing to request a charge on the lesserincluded offense when the evidence showed either the commission of the completed offense as charged or the commission of no offense such that the defendant was not entitled to a charge on the lesser offense B. holding that a prior nonarizona conviction to be used as a prior felony conviction under the statute must both be for an offense that would constitute a felony in arizona and be classified as a felony in the other jurisdiction C. holding that an offender who violates section 7940115 must have a prior enumerated conviction to qualify as a sexual predator D. holding that in determining whether a prior conviction is a violent felony a court generally must look only to the fact of conviction and the statutory definition of the prior offense E. holding that a conviction and sentence for a predicate offense that is entered after the commission of the current offense does not qualify as a prior felony within the meaning of the sexual predator statute

assistant: The best answer is E. holding that a conviction and sentence for a predicate offense that is entered after the commission of the current offense does not qualify as a prior felony within the meaning of the sexual predator statute
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: "denies the trial court the opportunity to correct any error that might have occurred” and waives subsequent review of that issue in the appellate court. People v. Macke (1992), 224 Ill. App. 3d 815, 816, 587 N.E.2d 1113. We address the merits of defendant’s contention based on the reasons expressed in People v. Gomez (1993), 247 Ill. App. 3d 68, 71, 617 N.E.2d 320: "Mindful, however, of the division within the appellate court on this issue (see People v. Turner (1992), 233 Ill. App. 3d 449, 456, 599 N.E.2d 104 (expressly rejecting Macke and holding that a motion to reduce sentence is not a necessary precondition to appellate review of that sentence); People v. Sims (1992), 233 Ill. App. 3d 471, 473, 599 N.E.2d 137 (same); see also People v. Hess (1993), 241 Ill. App. 3d 276, 283 (<HOLDING>)) ***.” Determination of the sentence to be Options: A. holding that a sua sponte dismissal by the court for failure of the plaintiff to comply with an order of the court should operate as an adjudication on the merits because the defendant has been put to the trouble of preparing his defense because there was no initial bar to the courts reaching the merits B. recognizing plain or fundamental error C. recognizing that sanctions are collateral to the merits of the case and may be considered even after the merits are no longer before the district court D. recognizing the disagreement among the appellate districts but reaching the merits of the case on the basis of plain error E. holding the burden is on the defendant to demonstrate the error satisfies each prong of the plain error test

assistant: The best answer is D. recognizing the disagreement among the appellate districts but reaching the merits of the case on the basis of plain error
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: absence of probable cause to believe the detainee has a mental disorder. (2) Recognition of Mental Disorder Harvey asserts that Perez’s deposition testimony supports a finding that Perez did not have any training as to § 5150 detentions beyond initial academy training. Harvey argues that had Perez been given additional training, Perez would have realized there was no probable cause to believe Harvey’s behavior was the result of a mental disorder. Where a plaintiff bases a Monell claim on the theory that the training provided on a specific subject is insufficient, the plaintiff cannot prevail by offering, without more, evidence that the government entity miscalculated the amount of time necessary to adequately prepare its employees. See Mateyko v. Felix, 924 F.2d 824, 826 (9th Cir.1990) (<HOLDING>), cert, denied, 502 U.S. 814, 112 S.Ct. 65, 116 Options: A. holding evidence police department trained officers for three to four hours in the use of tazer guns without more was insufficient to establish monell claim noting failure to provide a more lengthy training program suggests at most negligence on the part of the employer in miscalculating the amount of time necessary to adequately prepare its officers B. holding that failure to follow gaap without more is insufficient to establish scienter C. holding that the plaintiff had offered insufficient evidence to establish deliberate indifference in a failuretotrain claim in part because the plaintiff did not present evidence that the training received was inadequate or evidence of any specific additional training that the employees should have received D. holding that the pittsburgh police department did not illegally terminate an officers hla benefits and that the police department was entitled to a subrogation interest against the officers thirdparty settlement E. holding that police officers sued in their official capacity are not liable for a violation of a privacy interest where the police department did not have a policy of deliberately failing to train its officers with respect to the confidentiality of records

assistant: The best answer is A. holding evidence police department trained officers for three to four hours in the use of tazer guns without more was insufficient to establish monell claim noting failure to provide a more lengthy training program suggests at most negligence on the part of the employer in miscalculating the amount of time necessary to adequately prepare its officers
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: No broker, finder, investment banker or other Person has been engaged by such Seller that is entitled to any brokerage, finder’s or other fee or commission from such Seller in connection with the transactions contemplated herein.

assistant: Brokers