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: of the State on all counts. Appellants timely appealed, asking us to reverse the judgment of the district court and to order the State to purge all records of Appellants’ PRA disclosures. We have jurisdiction under 28 U.S.C. § 1291. We review a district court’s grant of summary judgment de novo. Bias v. Moynihan, 508 F.3d 1212, 1218 (9th Cir.2007). We review questions of justiciability de novo. Bell v. City of Boise, 709 F.3d 890, 896 (9th Cir.2013). DISCUSSION I. Facial Challenges Appellants assert that the PRA’s $100 reporting threshold and “post-election reporting requirements” are facially unconstitutional in the context of ballot initiatives. Our decision in Family PAC v. McKenna directly precludes Appellants’ challenge to the $100 threshold. 685 F.3d 800, 809-11 (9th Cir.2012) (<HOLDING>). Appellants’ facial challenge to the Options: A. holding that strict scrutiny is the appropriate standard of review for racial classifications even in the prison context B. holding that strict scrutiny applies C. recognizing scrutiny on statutory grounds stated in 10a and scrutiny for whether the award evinces a manifest disregard of applicable law D. holding that 25 and 100 contribution disclosure thresholds survive exacting scrutiny in the context of ballot initiatives E. holding that appropriate standard of review regarding campaign finance disclosure laws is intermediate not strict scrutiny

assistant: The best answer is D. holding that 25 and 100 contribution disclosure thresholds survive exacting scrutiny in the context of ballot initiatives
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: Whenever possible, each provision or portion of any provision of this Employment Agreement, including those contained in Section 4 hereof, will be interpreted in such manner as to be effective and valid under applicable law but the invalidity or unenforceability of any provision or portion of any provision of this Employment Agreement in any jurisdiction shall not affect the validity or enforceability of the remainder of this Employment Agreement in that jurisdiction or the validity or enforceability of this Employment Agreement, including that provision or portion of any provision, in any other jurisdiction. In addition, should a court or arbitrator determine that any provision or portion of any provision of this Employment Agreement, including those contained in Section 4 hereof, is not reasonable or valid, either in period of time, geographical area, or otherwise, the parties hereto agree that such provision should be interpreted and enforced to the maximum extent which such court or arbitrator deems reasonable or valid.

assistant: Severability
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 policies of insurance existing on the date hereof relating to the DSKX Business, the DSKX Business Assets and the Company Business Employees (except for any such policies maintained to provide benefits to employees under an Employee Benefit Plan) are listed on Section 4.17 of the DSKX Disclosure Schedule, are in full force and effect, and no DSKX Group member is in default in any material respect with respect to its obligations under any such insurance policies. All premiums and other payments due from any member of the DSKX Group prior to the date of this Agreement under or on account of any such insurance policies have been paid as of the date hereof. Except as set forth on Section 4.17 of the DSKX Disclosure Schedule, there is no material insurance claim by any member of the DSKX Group pending under any of the policies in respect of the DSKX Business.

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: 1. The term “Confidential Information” shall mean any confidential, proprietary, financial or otherwise non-public information, in written or electronic form, relating to the Disclosing Party, or the Purpose that is disclosed before, on or after the Effective Date, by the Disclosing Party to the Recipient or its affiliates, or to any of such Recipient’s or its affiliates’ employees, officers, directors, partners, shareholders, agents, attorneys, accountants or advisors (collectively, “Representatives”), whether disclosed or accessed in written, electronic or other form, including, without limitation: 3. Recipient shall not, and shall cause its Representatives not to, (a) disclose all or any portion of Confidential Information to any third parties (other than to its Representatives who need to know the Confidential Information to assist Recipient in its evaluation of the Purpose), or 4. Except as otherwise provided in this Agreement, without the prior written consent of the Disclosing Party, Recipient shall not disclose to any person or entity (other than its Representatives who are involved in its evaluation of the Purpose) any information with respect to the occurrence or content of any discussions or negotiations between the Parties.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: if the amount of any claim in an arbitration is us$ 10,000 or less , evernote will pay all filing , administration and arbitrator fees associated with the arbitration , so long as ( i ) you make a written request for such payment of fees and submit it to the aaa with your demand for arbitration and ( ii ) your claim is not determined by the arbitrator to be frivolous .

assistant: None
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: please note that when you access facebook companies and third-party services through our services , masquerade is not responsible for those third-party services and masquerade does not endorse or make any representations or warranties about those facebook companies or third-party services .

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: with the evidence but whether the absence of the evidence undermines confidence in the verdict”). ¶20 Woods is particularly instructive because it confirms our application of the same prejudice standard under Strickland and in the Brady context in which the Strickland standard “finds its roots.” Strickland, 466 U.S. at 694. So does In re Personal Restraint of Rice, 118 Wn.2d 876, 828 P.2d 1086 (1992), upon which the State heavily relies. Contrary to the State’s description of Rice, it is simply one of many cases in which this court employed the “reasonable probability” prejudice standard in resolving an ineffective assistance of counsel claim in a personal restraint petition. See Rice, 118 Wn.2d at 890; see also In re Pers. Restraint of Dalluge, 152 Wn.2d 772, 100 P.3d 279 (2004) (<HOLDING>), In re Pers. Restraint of Brett, 142 Wn.2d Options: A. holding petitioner demonstrates actual and substantial prejudice by proving a claim under strickland B. holding petitioner must demonstrate error and substantial prejudice to prevail on a due process claim C. holding that in defining the reasonable probability language in strickland with more precision substantial possibility describes the prejudice standard in strickland D. holding petitioner has the burden of proof under the strickland test E. holding that any reduction in sentence constitutes substantial prejudice for purposes of strickland analysis

assistant: The best answer is A. holding petitioner demonstrates actual and substantial prejudice by proving a claim under strickland
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 invalidity or unenforceability of any provision of this Separation Agreement shall not affect the validity or enforceability of any other provision of this Separation Agreement, which shall otherwise remain in full force and effect.

assistant: Severability
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: —, 116 S.Ct. 2135, 135 L.Ed.2d 549 (1996). The Court declared it had a “well-established practice” of regarding in rem civil forfeiture as a remedial civil sanction, not as punishment. Id. at —, 116 S.Ct. at 2147. It explicitly held that Congress had intended for § 881(a) to be civil, not criminal, in nature: among other things, the statute uses civil enforcement mechanisms and requires no scienter on the part of the property owner. See id. at —, —, 116 S.Ct. at 2147, 2149. Moreover, the Court rejected the contention that the provisions of the forfeiture statute were so punitive in form and effect as to render them criminal “despite Congress’ intent to the contrary.” See id. at —, 116 S.Ct. at 2148. Cf. Bennis v. Michigan, — U.S. —, —, —, 116 S.Ct. 994, 995, 1001, 134 L.Ed.2d 68 (1996) (<HOLDING>) Where the Supreme Court has emphasized the Options: A. holding takings clause protections did not apply to an innocent owners interest in a car seized under a state forfeiture statute B. holding the confrontation clause of the united states constitution does not apply at sentencing under the us sentencing guidelines manual and the procedural protections afforded a convicted defendant at sentencing are traditionally less stringent than the protections afforded a presumptively innocent defendant at trial C. holding the takings clause inapplicable to the states of its own force D. holding that cocaine seized pursuant to search of defendants car was not admissible under good faith exception because affidavit did not establish connection between car and criminal activity E. holding that double jeopardy clause did not apply to forfeiture proceeding before the court

assistant: The best answer is A. holding takings clause protections did not apply to an innocent owners interest in a car seized under a state forfeiture 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: Teikoku individually possessed, threatened to possess, or conspired to possess monopoly power. Id. Plaintiffs respond that Endo and Teikoku acted as a single economic entity that monopolized the market for lidocaine patch 5%, and therefore should be treated as a single entity under Section 2. Oppo. 25. Alternatively, they request that I treat the complaints as if they had alleged that Endo alone possessed monopoly power. Oppo. 27. Finally, they request that I grant them leave to amend their complaints. Plaintiffs do not cite any case where a court held a manufacturer and its distributor jointly liable for violating Section 2. A monopoly, by definition, consists of a single firm, and both monopolization and attempted monopolization are single-firm violations. See Rebel, 51 F.3d at 1443 (<HOLDING>); see also, Terminalift LLC v. International Options: A. holding that a plaintiff claiming monopolization is obligated to establish the relevant market because the power to control prices or exclude competition only makes sense with reference to a particular market B. holding that high prices with no showing of restricted output failed to establish monopoly power C. holding a defendant is liable as a control person if the defendant had the power to control the general affairs of the entity primarily liable at the time the entity violated the securities laws but declining to decide whether power to control means simply abstract power to control or actual exercise of the power to control internal quotations omitted D. holding elements of attempted monopolization claim under 2 of sherman act are intent anticompetitive conduct and dangerous probability of success in a relevant market E. holding that to pose a threat to monopolization one firm alone must have the power to control market output and exclude competition

assistant: The best answer is E. holding that to pose a threat to monopolization one firm alone must have the power to control market output and exclude competition
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 party acknowledges and agrees that the other party would be irreparably damaged if the provisions of this Agreement are not performed in accordance with their terms and that any breach of this Agreement and the non-consummation of the transactions contemplated hereby by either party could not be adequately compensated in all cases by monetary damages alone. Accordingly, in addition to any remedy to which such other party may be entitled under Section 6.11 , provisional measures and injunctive relief necessary to protect the possibility of each party to seek specific performance from the other from the tribunal referred to in Section 6.11 can be sought from any court of competent jurisdiction. Each of the parties hereto (i) agrees that it shall not oppose the granting of any such relief and (ii) hereby irrevocably waives any requirement for the security or posting of any bond in connection with any such relief (it is understood that clause (i) of this sentence is not intended to, and shall not, preclude any party hereto from litigating on the merits the substantive claim to which such remedy relates).

assistant: Specific Performance
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: James v. United States, 550 U.S. 192, 210 n. 6, 127 S.Ct. 1586, 167 L.Ed.2d 532 (2007). Campbell hopes that the dissents in those cases will persuade us to find the statute unconstitutionally vague. However, we are bound by the existing precedent to the contrary. Thus, the district court did not err in overruling Campbell’s objection to his sentence based on the alleged vagueness of the ACCA. Campbell also argues that his previous convictions for third-degree burglary and fourth-degree aggravated assault are not violent felonies under the ACCA, in order to preserve these issues for further appeal. However, he concedes that we have held to the contrary. See United States v. Coleman, 655 F.3d 480, 482-83 (6th Cir.2011), cert. denied, — U.S. -, 132 S.Ct. 1045, 181 L.Ed.2d 768 (2012) (<HOLDING>); United States v. Rodriguez, 664 F.3d 1032, Options: A. holding that ohios thirddegree burglary statute constituted a violent felony under the residual clause of the armed career criminal act B. holding that thirddegree burglary is a violent felony C. holding that attempted burglary as defined by florida law is a violent felony under acca D. holding that coerced sex is violent felony E. holding a burglary must be of a building or structure in order to qualify as a violent felony for acca purposes

assistant: The best answer is B. holding that thirddegree burglary is a violent felony
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: occurred after the arrest, not during the Terry frisk. Therefore, the contraband was obtained from a valid search incident to a valid arrest. Although the issue in the present case arises from a Terry stop, Kentucky cases involving detainees’ claims of self-defense during arrests prove instructive. It is well-settled that “[tjhere is no right to use self-defense during an arrest.” Stopher v. Commonwealth, 57 S.W.3d 787, 803 (Ky.2001) (citing Baze v. Commonwealth, 965 S.W.2d 817, 823 (Ky.1997)). In Baze, the Court affirmed the trial court’s determination that appellant’s beliefs regarding the legality of his arrest were irrelevant to any claim of justification for murdering police officers. Id. Further, the commentary to Kentucky’s resisting arrest statute explains that “th Cir.1995) (<HOLDING>). We conclude that Kavanaugh’s assault of Options: A. holding that a defendants response to even an invalid arrest or terry stop may constitute independent grounds for arrest B. holding that the forceable stop at issue was an investigatory stop rather than an arrest C. holding avoiding arrest is not the same as resisting arrest D. holding that an initially lawful terry stop can be converted into a fullfledged arrest for which probable cause is required but noting that there is no bright line rule for determining when an investigatory stop crosses the line and becomes an arrest E. holding invalid warrant did not create probable cause for arrest

assistant: The best answer is A. holding that a defendants response to even an invalid arrest or terry stop may constitute independent grounds for arrest
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: purposes until he or she repeats a command. To the contrary, in determining whether there has been a show of authority, courts must examine all of the surrounding circumstances to determine whether a reasonable person would have felt free to decline the interaction with law enforcement. See Brendlin, 551 U.S. at 255, 127 S.Ct. 2400. In Mendenhall, Justice Stewart identified such factors as “the threatening presence of several officers, the display of a weapon by an officer, some physical touching of the person of the citizen, or the use of language or tone of voice indicating that compliance with the officer’s request might be compelled.” United States v. Mendenhall, 446 U.S. 544, 554, 100 S.Ct. 1870, 64 L.Ed.2d 497 (1980) (opinion of Stewart, J.). Here, three marke 3d Cir.2009) (<HOLDING>). On this record, the officers’ approach Options: A. holding that asking defendant for identification was not a seizure absent evidence that the officer used language or a tone of voice indicating that compliance might be compelled B. holding that no seizure occurred where officers boarded bus and began questioning passengers gave passengers no reason to believe that they required an answer and tjhere was no application of force no intimidating movement no overwhelming show of force no brandishing of weapons no blocking of exits no threat no command not even an authoritative tone of voice C. holding that a show of authority occurred when two uniformed police officers approached a house and commanded that people on the porch show their hands D. holding that there was no question that the full and fair opportunity element was met where there was no indication that such an opportunity was unavailable E. holding that there was no show of authority when two officers repeatedly asked an individual where is your girls house but where the two officers were still in their car neither officer displayed his weapon there was no physical touching and no indication as to the language or tone of the officers voice that might have signaled a clear show of authority

assistant: The best answer is E. holding that there was no show of authority when two officers repeatedly asked an individual where is your girls house but where the two officers were still in their car neither officer displayed his weapon there was no physical touching and no indication as to the language or tone of the officers voice that might have signaled a clear show of authority
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: If any Loan is prepaid in accordance with subsections 3.4(i)(ii) through (iv) above, the Borrower shall prepay such Loans on the Discounted Prepayment Effective Date. The Borrower shall make such prepayment to the Administrative Agent, for the account of the Discount Prepayment Accepting Lenders, Participating Lenders, or Qualifying Lenders, as applicable, at the Administrative Agent’s office in immediately available funds not later than 11:00 A.M. (New York time) on the Discounted Prepayment Effective Date and all such prepayments shall be applied to the remaining principal installments of the Loans in inverse order of maturity. The Loans so prepaid shall be accompanied by all accrued and unpaid interest on the par principal amount so prepaid up to, but not including, the Discounted Prepayment Effective Date. Each prepayment of the outstanding Loans pursuant to this subsection 3.4(i) shall be paid to the Discount Prepayment Accepting Lenders, Participating Lenders, or Qualifying Lenders, as applicable. The aggregate Outstanding Amount of the Tranche(s) of the Loans outstanding shall be deemed reduced by the full par value of the aggregate Outstanding Amount of the Tranches of Loans prepaid on the Discounted Prepayment Effective Date in any Discounted Term Loan Prepayment.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Upon the terms and conditions hereinafter set forth, the Company hereby agrees to retain the services of Executive and Executive hereby accepts such employment and agrees to faithfully and diligently serve as the Chief Executive Officer of the Company (the “ CFO ”) in accordance with this Agreement, commencing on the Effective Date and, unless terminated earlier pursuant to Section 6 of this Agreement, continuing until the close of business on the one- year anniversary of the Effective Date (the “ Employment Term ”).

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of Concern related to time and attendance. Def.’s Statement Fact ¶ 122. Ms. Britt’s effort to portray Ms. Wilson as possessing an anti-Muslim animus fails. Ms. Britt does not allege that Ms. Wilson expressed her anti-Muslim animus in any other way beyond allegedly denying her Ramadan accommodation. Contrary to Ms. Britt’s assertions, the record evidence shows that Ms. Wilson exercised her discretion, against the advice of HR, to accommodate Ms. Britt’s request for modified hours during Ramadan. As such, Ms. Britt has failed to identify facts sufficient for a reasonable juror to conclude that Ms. Wilson’s desire to retaliate against Ms. Britt was the “but for” cause of Ms. Britt’s termination. Univ. of Texas Sw. Med. Ctr. v. Nassar, — U.S.-, 133 S.Ct. 2517, 2533, 186 L.Ed.2d 503 (2013) (<HOLDING>). b. Mis. Trask’s July 19, 2012 email summary Options: A. holding that there is nothing to indicate that the principle of employer responsibility does not extend equally to other title vii claims such as a claim of unlawful retaliation B. holding that title vii retaliation claims must be proved according to traditional principles of butfor causation which requires proof that the unlawful retaliation would not have occurred in the absence of the alleged wrongful action or actions of the employer C. holding that discrimination and retaliation claims are considered distinct types of claims that must be raised independently if the retaliation occurred prior to the filing of the administrative charge D. holding that the court finds more persuasive the decisions of the circuit courts which reject reading a thirdparty retaliation cause of action into title vii but ultimately finding that the participation prong of title vii is potentially broad enough to encompass retaliation against third parties in the circumstances alleged in the instant case E. holding that title vii retaliation claims require proof that the desire to retaliate was the butfor cause of the challenged employment action

assistant: The best answer is B. holding that title vii retaliation claims must be proved according to traditional principles of butfor causation which requires proof that the unlawful retaliation would not have occurred in the absence of the alleged wrongful action or actions of the employer
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: See id. at 683-84. ¶12 The Huffs’ argument that they did not suffer damages until the statute of limitations defense was raised misses the point that their negligence claim accrued upon damage or injury. Thus, their citation to Gazija v. Nicholas Jerns Co., 86 Wn.2d 215, 543 P.2d 338 (1975) (injury and damages do not always occur simultaneously) is inapt. In Gazija, the court found the injury occurred when the insurance company failed to correctly apply premium payments, but the damages were not realized until the insurance company refused to indemnify the insured after his boat sank. Id. at 223; see also Streif 4 (2003) (declining to extend the statute of limitations where plaintiffs had notice of sufficient informatio Ill. App. 3d 349, 356, 703 N.E.2d 473, 234 Ill. Dec. 612 (1998) (<HOLDING>); Welborn v. Shipman, 608 So. 2d 334, 336 (Ala. Options: A. holding that cause of action for malpractice had accrued before underlying actions dismissal B. recognizing the cause of action C. holding illinois courts have frequently recognized a cause of action for legal malpractice will rarely accrue prior to the entry of an adverse judgment settlement or dismissal of the underlying action in which plaintiff has become entangled due to the purportedly negligent advice of his attorney D. holding that a plaintiff does not have to possess actual knowledge of all the relevant facts in order for the cause of action to accrue E. holding that the proper ground for dismissal of a 1983 action in which the plaintiff has failed to establish state action is lack of jurisdiction

assistant: The best answer is C. holding illinois courts have frequently recognized a cause of action for legal malpractice will rarely accrue prior to the entry of an adverse judgment settlement or dismissal of the underlying action in which plaintiff has become entangled due to the purportedly negligent advice of his 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 case excerpt and choose the best holding from the options. Case excerpt: in the absence of a specific venue provision in the Act, the general venue statute controls, allowing non-resident minors to petition any circuit court for a waiver. See Lane v. Hemophilia of the Sunshine State, Inc., 793 So.2d 992, 994 (Fla. 2d DCA 2001) (explaining that “[t]he general venue statute controls all actions brought ... pursuant to a statute not containing specific provisions concerning- venue”) (citing Gaboury v. Flagler Hosp., Inc., 316 So.2d 642 (Fla. 4th DCA 1975)). The Act does not expressly prohibit nonresidents from seeking an abortion in the State of Florida; nor does it expressly prohibit non-residents wanting to obtain an abortion in Florida from seeking a judicial bypass in Florida. See Doe v. Bolton, 410 U.S. 179, 200, 93 S.Ct. 739, 751, 35 L.Ed.2d 201 (1973) (<HOLDING>); Indiana Planned Parenthood Affiliates Ass’n, Options: A. holding that when mississippi adopted a statute modeled after a georgia enactment decisions of the georgia courts did not bind mississippi courts in interpretation of the statute B. holding that the georgia criminal abortion statute does not criminalize a pregnant womans actions in securing an abortion regardless of the means used C. recognizing courts duty to reconcile opinions from the georgia supreme court D. holding unconstitutional the provision in a georgia abortion statute limiting abortions to georgia residents E. recognizing twoyear statute of limitations for section 1981 claims filed in federal court in georgia

assistant: The best answer is D. holding unconstitutional the provision in a georgia abortion statute limiting abortions to georgia residents
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 waiver or course of dealing shall be established by (a) the failure or delay of Agent or any Lender to require strict performance by Obligors with any terms of the Loan Documents, or to exercise any rights or remedies with respect to Collateral or otherwise; (b) the making of any Loan or issuance of any Letter of Credit during a Default, Event of Default or other failure to satisfy any conditions precedent; or (c) acceptance by Agent or any Lender of any payment or performance by an Obligor under any Loan Documents in a manner other than that specified therein. It is expressly acknowledged by Obligors that any failure to satisfy a financial covenant on a measurement date shall not be cured or remedied by satisfaction of such covenant on a subsequent date.

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: The foregoing notwithstanding, the Recipient may disclose classified information to its employees or contractors (hereafter Representatives) to the extent each such Representative has a need to know such information to conduct the work referenced in the Whereas clauses, and shall comply with Recipient’s obligations under this Agreement.

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 legal provision and list the applicable contract clause categories. Provision: If the Committee shall at any time determine that any Consent is necessary or desirable as a condition of, or in connection with, the granting of any Award, the delivery of Shares or the delivery of any cash, securities or other property under the Plan, or the taking of any other action, then such action shall not be taken, in whole or in part, unless and until such Consent shall have been effected or obtained to the full satisfaction of the Committee. Any stock certificate representing Restricted Shares shall contain an appropriate legend referring to the Plan and the Restrictions upon such Restricted Shares. Simultaneously with delivery of any stock certificate for Restricted Shares, the Company may cause a stop transfer order with respect to such certificate to be placed with the transfer agent of the Shares.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: In the event that the Closing shall not have occurred with respect to the Buyer on or before ten (10) Trading Days from the date hereof due to the Company’s or the Buyer’s failure to satisfy the conditions set forth in Sections 6 and 7 above (and the nonbreaching party’s failure to waive such unsatisfied condition(s)), the nonbreaching party shall have the option to terminate this Agreement with respect to such breaching party at the close of business on such date by delivering a written notice to that effect to each other party to this Agreement and without liability of any party to any other party.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Upon the occurrence of a default as set forth in any Loan, the Lender shall have all of the rights and remedies with respect to the Collateral of a secured party under the UCC (whether or not the UCC is in effect in the jurisdiction where the rights and remedies are asserted) and such additional rights and remedies to which a secured party is entitled under the laws in effect in any jurisdiction where any rights and remedies hereunder may be asserted.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: to the breasts, buttocks, or vulva of the victim; (2) Defendant was a person who, by reason of his relationship to the victim, was able to exercise undue influence over the victim and used this authority to coerce the victim to submit to the sexual contact; (3) the victim was at least 13 years old but less than 18 years old; (4) Defendant’s act was unlawful; and (5) the act happened in New Mexico. UJI 14-926 NMRA. On appeal, Defendant challenges only the second element, contending that there was insufficient evidence presented to prove that he was in a position of authority over Jessica and Stephanie and that by reason of this position, he was able to exercise undue influence over the girls. This Court must determine whether a rational jury could have found this element bey 45 P.3d 54 (<HOLDING>); State v. Corbin, 111 N.M. 707, 710, 809 P.2d Options: A. holding that a final jury instruction containing the cause number 241 instead of 214 was not reversible error because it would not have been reasonable for the jury to conclude that defendant had been charged with an additional conviction B. holding that taking indecent liberties with a child under 16 for sexual gratification constitutes sexual abuse of a minor even without physical contact C. holding that reasonable attorneys fees for the benefit of a minor in defending the minor against a criminal charge were necessaries D. holding that but for faulty jury instruction uncles conviction for criminal sexual contact with a minor by person in position of authority would have been upheld E. holding that use of interstate commerce channel to entice minor into sexual contact is a crime of violence

assistant: The best answer is D. holding that but for faulty jury instruction uncles conviction for criminal sexual contact with a minor by person in position of authority would have been upheld
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: after the goods have been delivered to you , you have the right , within 30 days from the date of your receipt of the goods , to cancel our contract with you and return the goods .

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: contain “issues of fact material to the resolution of the defendant’s constitutional claim.” Id., 89 F.3d at 1067. Jackson did not offer any version of events contrary to the version contained in the police reports he attached to his motion. He based his request for an eviden-tiary hearing only on alleged discrepancies in the reports, which he argued raised questions about the truthfulness of the account provided, and raised the suggestion that the events leading to his arrest may have unfolded differently. This was not a sufficient showing under Brink and Voigt. Accordingly, there was no abuse of discretion in the District Court’s decision to deny an evidentiary hearing. Jackson also argues that the District Court erred when it determined that he lacked standing to cha (1st Cir.1990) (<HOLDING>); Wojtowicz v. United States, 550 F.2d 786, 790 Options: A. holding that such statements were not even enough for an evidentiary hearing B. holding that the trial court did not need to conduct an evidentiary hearing when the dispute could be resolved as a matter of law C. holding that an evidentiary hearing is not required if there are no factual issues in dispute D. holding that the test for granting an evidentiary hearing in a criminal case should be substantive did the defendant make a sufficient threshold showing that material facts were in doubt or dispute E. holding that the supreme court does not require an evidentiary hearing in every case

assistant: The best answer is D. holding that the test for granting an evidentiary hearing in a criminal case should be substantive did the defendant make a sufficient threshold showing that material facts were in doubt or dispute
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as otherwise provided in ‎Section 2.07, ETP shall not be responsible for legal fees incurred by Holders in connection with the exercise of such Holders’ rights hereunder. In addition, ETP shall not be responsible for any Selling Expenses. ETP will pay all Registration Expenses in connection with any Shelf Registration Statement filed pursuant to ‎Section 2.01(a), whether or not the Shelf Registration Statement becomes effective or any sale is made pursuant to the Shelf Registration Statement. Each Selling Holder shall pay all Selling Expenses in connection with any sale of its Registrable Securities hereunder.

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: character. See 18 U.S.C. § 3553(a)(1). The district court was within its statutory authority to sentence him to any term between ten years (120 months) and his natural life. 21 U.S.C. § 841(b). It sentenced him to a term of 180 months — a term within the lower half of his Guidelines sentence range. In fact, the court was not prohibited by the applicable Guidelines from sentencing to a term less than 180 months. Nothing in the record establishes a reasonable probability that, had the court considered the guidelines range as advisory rather than mandatory and taken into account any otherwise unconsidered § 3553 factors, it would have imposed a lesser sentence. Rodriguez, 398 F.3d at 1302; compare United States v. Shelton, 400 F.3d 1325, 1332-33, manuscript op. at 15 (11th Cir.2005) (<HOLDING>). Because appellant failed to establish Options: A. holding that sentencing under the mandatory guidelines regime creates a presumption of prejudice that the government must rebut with clear and specific evidence that the district court would not have sentenced the defendant to a lower sentence if it had treated the guidelines as advisory B. holding that defendant entitled to resentencing if the sentence imposed under the unconstitutional 1995 sentencing guidelines would constitute an impermissible departure sentence under the 1994 guidelines C. holding that the sentencing courts expressions that the lowest sentence within the guidelines was too se vere was sufficient to show that the lower court would have imposed a lesser sentence if it had not felt bound by the guidelines thus satisfying plain errors third prong D. holding that when the trial court sentenced the defendant to prison under the belief that the lowest permissible sentence was a prison term but the lowest permissible sentence under a corrected scoresheet would be a nonprison sanction the court could not say that the same sentence would have been imposed had the trial court had the correct information E. recognizing that if a guidelines error did not affect the district courts selection of the sentence imposed the sentence should be affirmed

assistant: The best answer is C. holding that the sentencing courts expressions that the lowest sentence within the guidelines was too se vere was sufficient to show that the lower court would have imposed a lesser sentence if it had not felt bound by the guidelines thus satisfying plain errors third prong
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 denied. C. The Subpoena Comports With Rule 17(c) Finally, Nasdaq urges that the Subpoena contravenes Rule 17(c) because the documents that it seeks are insufficiently relevant to warrant admission at trial and, in any event, are procurable through means other than the Subpoena. Br. at 9-11. The Court disagrees. As discussed in the September 20 and December 15 Orders, a party seeking the issuance of a subpoena under Rule 17(c) must satisfy the requirements set forth by the Supreme Court in Nixon. In particular, the party must demonstrate the materials targeted by the subpoena are (i) relevant, (ii) admissible, and (iii) specifically identified. Nixon, 418 U.S. at 700, 94 S.Ct. 3090; see also United States v. Yudong Zhu, 13-cr-761, 2014 WL 5366107, at *2-3 (S.D.N.Y. Oct. 14, 2014) (<HOLDING>); United States v. Binday, 12-cr-152, 2013 WL Options: A. recognizing courts inherent power to issue subpoenas B. recognizing applicability of discovery rule C. recognizing applicability of 312 in the instance of an agents divulgence of confidential information to a third party at the third partys behest D. holding there is no duty to third parties on the part of a premises owner who could not have foreseen the criminal acts of third parties E. recognizing nixons continuing applicability to defense subpoenas issued to third parties

assistant: The best answer is E. recognizing nixons continuing applicability to defense subpoenas issued to third parties
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: district court dismissed the petition for lack of subject matter jurisdiction, relying on two, almost factually-identical circuit precedents. See Deal v. United States, 759 F.2d 442 (5th Cir.1985); Masat v. United States, 745 F.2d 985 (5th Cir.1984). Deal and Masat concerned taxpayer challenges to IRS third-party summonses. Both affirmed dismissals for lack of subject matter jurisdiction, reasoning that the Internal Revenue Code vests jurisdiction over such challenges in the district court where the third-party resides. See 26 U.S.C. § 7609(h)(1) (“The United States district court for the district within which the person to be summoned resides or is found shall have jurisdiction to hear and determine any proceeding brought under subsection (b)(2), (f), or (g).”); Deal, 759 F.2d at 444 (<HOLDING>); Masat, 745 F.2d at 986, 988. The Williamses Options: A. holding that where the issue of sanctions was not before the court of appeals when the appeal was filed the district court retained jurisdiction B. holding the rule against taxpayer standing applies both to federal taxpayers and state taxpayers challenging state tax or spending decisions simply by virtue of their status as state taxpayers C. holding that the plaintiff was precluded from raising the issue for the first time on appeal D. holding that masat precluded the taxpayers appeal and that jurisdiction was exclusively in the district where the thirdparty record keepers reside E. holding that an appeal by taxpayers in a lawsuit seeking to enjoin the government from collecting income tax deficiencies was mooted because the taxpayers had paid the deficiencies pending the appeal

assistant: The best answer is D. holding that masat precluded the taxpayers appeal and that jurisdiction was exclusively in the district where the thirdparty record keepers reside
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: In general terms, under current U.S. and Norwegian tax laws, it appears that the value of the Units is not considered taxable income to the Grantee until the restrictions lapse and settlement in ConocoPhillips Common Stock is made.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement constitutes the entire agreement among the parties pertaining to the subject matter hereof and supersedes all prior agreements, understandings, negotiations and discussions, whether oral or written, of the parties. For the avoidance of doubt, Service Provider shall not be eligible to participate in any severance plan or program during the Term to the extent such participation would result in a duplication of benefits. This Agreement will control the vesting and payment of any short term or long term incentive compensation (including equity compensation whether settleable in cash or Common Stock) to the extent this Agreement provides for more favorable vesting regardless of whether such awards are granted after the Effective Date.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The execution, delivery and performance of this Agreement, the other Loan Documents and the Parent Guarantee to which the Borrower or Parent is or is to become a party and the transactions contemplated hereby and thereby (i) are within the corporate authority of the Borrower or Parent, as the case may be, (ii) have been duly authorized by all necessary corporate proceedings, (iii) do not conflict with or result in any breach or contravention of any provision of any law, statute, rule or regulation to which the Borrower or Parent, as the case may be is subject or any material judgment, order, writ, injunction, license or permit applicable to the Borrower or Parent, as the case may be, except where any such conflict, breach, or contravention would not have a material adverse effect on the business, properties or financial condition of the Borrower and Parent and their Subsidiaries, taken as a whole, a material adverse effect on the ability of the Borrower to perform its obligations under the Loan Documents and Parent to perform its obligations under the Parent Guarantee or a material adverse effect on the validity or enforceability of the Loan Documents or the Parent Guarantee, and (iv) do not conflict with any provision of the corporate charter, as amended, or bylaws, as amended, of, or any material agreement or other material instrument binding upon, the Borrower or Parent, as the case may be. This Agreement, each other Loan Document to which the Borrower is a party and the Parent Guarantee have been duly executed and delivered by the Borrower. The Parent Guarantee has been duly executed and delivered by Parent.

assistant: Authorizations