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 legal provision and list the applicable contract clause categories. Provision: Subject to the terms and conditions hereof and in exchange for the consideration set forth herein, the parties agree to consummate the transactions contemplated by this Agreement at a Closing (the “Closing”) which shall occur in the presence of a Thai Authorized Official such as a Notary Public or other professional person, who will duly and officially ratify the closing, on or before June 15, 2017, at 11:00 o’clock a.m. local time, unless sooner agreed to by the parties. The parties hereto may, by written agreement, designate a different time or place for the Closing.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: ( f ) you may not otherwise download , display , copy , reproduce , distribute , modify , perform , transfer , create derivative works from , sell or otherwise exploit any content , code , data or materials in the products .

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: of trust and confidence between the patient and provider and the extremely personal and sensitive information frequently di of Columbia have statutes that protect the communication between patients and their therapists. Jaffee v. Redmond, 518 U.S. 1, 12, 116 S.Ct. 1923, 1929, 135 L.Ed.2d 337, 346 (1996). Our legislature has separately considered the special interest involved in mental health and psychological i p to trial testimony and is guarded by the same basic underlying considerations. Moreover, it is important to discuss the privilege in the context of the statute because the statute has been the forum largely responsible for the development of the law, even though the privilege also has its roots in the broad constitutional right to privacy. See McMaster, 509 N.W.2d at 758 (<HOLDING>). Nevertheless, our legislature has left Options: A. recognizing an individuals right of privacy in the content of health records and noting that health records are the property of the health care entity maintaining them B. recognizing counsels ability to waive statutory right to a mental health hearing C. holding that constitutional right of privacy does not apply to medical records D. recognizing the roots of the right to privacy in mental health records E. recognizing a constitutional right of privacy in mental health records

assistant: The best answer is D. recognizing the roots of the right to privacy in mental health records
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 termination or expiration of this Agreement will not affect the rights or obligations of the parties hereunder arising out of, or relating to, circumstances occurring prior to the termination or expiration of this Agreement, which rights and obligations will survive the termination or expiration of this Agreement. In addition, the following provisions shall survive the termination or expiration of this Agreement: Sections 5 and 6 (as necessary for the payments and benefits due thereunder to be paid or provided), and Sections 7, 8, 9, 11 through 18, and 20.

assistant: Survival
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’s obligations under this Section 2.17 shall survive the resignation or replacement of the Administrative Agent or any assignment of rights by, or the replacement of, a Lender, the termination of the Commitments and the repayment, satisfaction or discharge of all other Obligations.

assistant: Survival
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 provision of this Agreement may be modified, waived or discharged unless such waiver, modification or discharge is agreed to in writing and signed by you and such officer as may be specifically designated by the Board. The validity, interpretation, construction, and performance of this Agreement shall be governed by the laws of the State of Delaware. The Company and you agree that the jurisdiction and venue for any disputes arising under, or any action brought to enforce, or otherwise relating to, this Agreement shall be exclusively in the courts in the State of North Carolina, Mecklenburg County, including the Federal Courts located therein or responsible therefor (should Federal jurisdiction exist), and the Company and you hereby submit and consent to said jurisdiction and venue.

assistant: Miscellaneous
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: Pursuant to the Separation Agreement and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Assignor hereby unconditionally and irrevocably assigns, transfers and conveys to Assignee, its successors and assigns, all of its right, title, and interest, throughout the world, in, to, and under the Assigned Trademarks and all registrations and applications for registration thereof (provided that, with respect to the United States intent-to-use trademark applications set forth on Schedule 1 hereto, the transfer of such applications accompanies, pursuant to the Separation Agreement, the transfer of Assignor’s business, or portion of the business to which the trademark pertains, and that business is ongoing) and existing and all common law rights with respect thereto together with all goodwill of the business in which the Assigned Trademarks are used and which is symbolized by the Assigned Trademarks, including, any and all past, present and future benefits, privileges, causes of action, and remedies relating to the Assigned Trademarks, including, without limitation, the exclusive rights (a) to apply for and maintain all registrations, renewals and/or extensions thereof, (b) to all claims and causes of action to recover past, present and future damages, royalties, fees, income, payments, profits and other proceeds or other relief or restitution, and equitable and injunctive relief ensuing from past, present and future infringement, dilution, misappropriation, unfair competition, violation, and/or misuse of the Assigned Trademarks, (c) to any and all licenses or other similar contractual rights for the Assigned Trademarks, (d) to grant licenses or other interests in the Assigned Trademarks, (e) to any and all royalties, fees, income, payments, and other proceeds now or hereafter due or payable with respect to any of the Assigned Trademarks, and (f) to otherwise fully and entirely stand in the place of Assignor in all matters related to the Assigned Trademarks.

assistant: Assignments
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: is unlawful , threatening , abusive , harassing , defamatory , libelous , deceptive , fraudulent , invasive of another 's privacy , tortious , obscene , vulgar , pornographic , offensive , profane , contains or depicts nudity , contains or depicts sexual activity , or is otherwise inappropriate as determined by vivino in its sole discretion ;

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 legal provision and list the applicable contract clause categories. Provision: The parties hereto acknowledge that they will be irreparably harmed and that there will be no adequate remedy at law for a violation of any of the covenants or agreements set forth herein. Therefore, it is agreed that, in addition to any other remedies that may be available to a party upon any such violation of this Agreement by the other party, the non-violating party shall have the right to enforce such covenants and agreements by specific performance, injunctive relief or by any other means available at law or in equity and the violating party hereby waives any and all defenses that could exist in his, her or its favor in connection with such enforcement and waives any requirement for the security or posting of any bond in connection with such enforcement.

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 legal provision and list the applicable contract clause categories. Provision: The Lessee shall indemnify and hold harmless the Port Authority Indemnified Parties from any claims and demands of third persons, including the United States of America, resulting from the Lessee’s non-compliance with any of the provisions of this Section and the Lessee shall reimburse the Port Authority Indemnified Parties for any loss or expense incurred by reason of such noncompliance.

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: Any notice required by the terms of this Agreement shall be given in writing and shall be deemed effective upon personal delivery or upon deposit with the United States Postal Service, by registered or certified mail, with postage and fees prepaid. Notice shall be addressed to the Company at its principal executive office and to the Grantee at the address that he or she most recently provided in writing to the Company.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: SSA, Plaintiffs have, as a matter of law, failed to establish any of the above elements—ie., an injury in fact, likelihood of future injury, traceability, or redressability. The Court does not agree. On the first element, ie., injury in fact, the Court acknowledges that Judge Patel’s prior orders focused on Plaintiffs’ emotional distress. See Davis Docket No. 26 (Order at 11) (citing Situ v. Leavitt, No. C06-2841 TEH, 2006 WL 3734373, at *4 (N.D.Cal. Dec. 18, 2006)); Doe Docket No. 26 (Order at 17) (citing the same). Con trary to what SSA suggests, many courts have found that emotional distress may constitute an injury-in-fact for purposes of standing. See, e.g., Soobzokov v. Holder, No. 10-6260(DRD), 2011 WL 2293853, at *4, 2011 U.S. Dist. LEXIS 65007, at *11-12 (D.N.J. June 7, 2011) (<HOLDING>); Kennedy v. City of Zanesville, 505 F.Supp.2d Options: A. holding that plaintiff has satisfied the elements of standing because he alleges to have personally suffered emotionally as a result of defendants failure to vigorously investigate and prosecute several suspects for the murder of his father and his request for damages and an independent inquiry into defendants investigation will likely redress his suffering B. holding that police chiefs son who alleged that he was denied an interview for a position because his father had criticized the local officials did not have standing to assert the first amendment rights of his father C. holding that even though the plaintiff failed to prove that he suffered a meaningful injury he was nevertheless entitled to nominal damages for the defendants violation of his first amendment rights D. holding child is entitled to know and be supported financially and emotionally by his or her biological father E. holding that plaintiff had cared for his father who suffered severe depression after murder of his daughter within meaning of fmla interim regulation because inter alia he discussed with his father grief associated with murder and provided reassuring physical presence to his father

assistant: The best answer is A. holding that plaintiff has satisfied the elements of standing because he alleges to have personally suffered emotionally as a result of defendants failure to vigorously investigate and prosecute several suspects for the murder of his father and his request for damages and an independent inquiry into defendants investigation will likely redress his suffering
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: behavior by failing to investigate or to take any remedial measures following Mr. Loy’s arrest. Although the failure to investigate may give rise to § 1983 supervisory liability, Walker v. Norris, 917 F.2d 1449, 1457 (6th Cir.1990) Marchese v. Lucas, 758 F.2d 181, 188 (6th Cir.1985), no sua sponte investigation by Sexton was warranted here. The reports describing the arrest, including statements by Deputy Elliott and the two Children’s Services workers, do not indicate that Elliott used excessive force or unlawfully entered the Loy residence. In the absence of a “strong” indication of unconstitutional conduct, Sexton’s failure to conduct an investigation was reasonable and he cannot be hable as a supervisor under § 1983. See Doe v. City of Roseville, 296 F.3d 431, 439 (6th Cir.2002) (<HOLDING>). Moreover, unlike Márchese, 758 F.2d at 188, Options: A. holding employer may be hable for sexual harassment of employee by independent contractor B. holding that supervisors were not hable because they possessed no information indicating a strong likelihood of unconstitutional conduct by their subordinate C. holding that supervisors are not personally hable as employers under the adea either D. holding that deliberate indifference is not the mere possibility a harm will occur rather a strong likelihood E. holding that plaintiffs necessarily demonstrated irreparable harm because they showed a substantial likelihood that their first amendment rights had been infringed

assistant: The best answer is B. holding that supervisors were not hable because they possessed no information indicating a strong likelihood of unconstitutional conduct by their subordinate
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: For the sake of precision, when discussing immigration status, this Court uses the statutory language, immigrant and nonimmigrant. When discussing issues related to residency, this Court uses permanent resident alien and nonpermanent resident alien. 2 . Under the Immigration and Nationality Act, the term “residence” means "the place of general abode; the place of general abode of a person means his principal, actual dwelling place in fact, without regard to intent.” 8 U.S.C. § 1101(a)(33). 3 . The Rule provides in pertinent part, "Every applicant for admission to the Bar of this state shall meet all of the following requirements ... (B) Be a citizen of the United States or a resident alien thereof....” La. S.Ct. R. XVII, § 3(B). 4 . See In re Respondek, 442 So.2d 435, 435 (La.1983) (<HOLDING>) overruled by In re Bourke, 819 So.2d 1020, Options: A. recognizing burden is on alien when alien is removable B. holding that an innocent casual and brief excursion by a resident alien outside the countrys borders for four hours may not be considered a departure disruptive of his resident alien status C. holding that alien on student visa could not lawfully possess intent to be domiciled in the united states D. holding that notice to an alien at the most recent address provided by the alien is legally sufficient E. holding that the phrase resident alien means an alien lawfully residing in the united states

assistant: The best answer is E. holding that the phrase resident alien means an alien lawfully residing in the united states
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: on the Code of Criminal Procedure, ch. XXXVI, § 370 at 505 (1864), codified in General Laws of Oregon, ch. XXXVI, § 370 (Deady and Lane 1843-1872), which states that "[a] peace officer may, without a warrant, arrest a person ... [wlhen a felony has in fact been committed, and he has reasonable cause for believing the person arrested to have committed it." 14 . State v. Joubert, 20 P.3d 1115, 1118-19 (Alaska 2001). 15 . Id. (citation omitted). 16 . See Merrill v. State, 457 P.2d 231, 234 (Alaska 1969), overruled on other grounds by Donnelly v. State, 516 P.2d 396, 399 n. 6 (Alaska 1973) (finding that there was probable cause to arrest a suspect based on his identification by an accomplice). 17 . Cf. Hill v. California, 401 U.S. 797, 802-04, 91 S.Ct. 1106, 1110-11, 28 LEd.2d 484 (1971) (<HOLDING>). 18 . See Carter v. State, 910 P.2d 619, 626 Options: A. holding that successful party is one who is the ultimate prevailing party in the litigation B. holding that in a situation where the police have probable cause to arrest one party and reasonably mistake a second party for that first party the arrest of the second party is still a valid arrest C. holding that a warrantless arrest does not violate the fourth amendment if at the time of the defendants arrest police had probable cause to believe that an offense has been is being or will be committed D. holding avoiding arrest is not the same as resisting arrest E. holding that initial illegal detention does not call into question validity of arrest pursuant to valid warrant wjhere the police effectuate an arrest in an illegal manner but nonetheless have probable cause to make the arrest the proper fourth amendment remedy is to exclude only that evidence which is a fruit of the illegality

assistant: The best answer is B. holding that in a situation where the police have probable cause to arrest one party and reasonably mistake a second party for that first party the arrest of the second party is still a valid 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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: the following terms of service and end user license agreement ( `` eula '' ) constitute an agreement between you and rovio entertainment ltd , and its affiliates ( `` rovio '' ) .

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 legal provision and list the applicable contract clause categories. Provision: Except for (a) the Security Interest granted to the Collateral Agent for the benefit of the Secured Parties pursuant to this Security Agreement, (b) the Liens permitted by the Credit Agreement and (c) any Liens securing Indebtedness which is no longer outstanding or any Liens with respect to commitments to lend which have been terminated, such Grantor owns each item of the Collateral free and clear of any and all Liens or claims of others. No security agreement, financing statement or other public notice with respect to all or any part of the Collateral that evidences a Lien securing any material Indebtedness is on file or of record in any public office, except such as (i) have been filed in favor of the Collateral Agent (or a former collateral agent) for the ratable benefit of the Secured Parties pursuant to this Security Agreement or any other Credit Document or (ii) are permitted by the Credit Agreement.

assistant: Titles
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 addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers and the Company will be entitled to seek specific performance under the Transaction Documents. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained in the Transaction Documents.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: where airbnb is not the exclusive owner of verified images , by using such verified images on or through the airbnb platform , you grant to airbnb an exclusive , worldwide , royalty-free , irrevocable , perpetual ( or for the term of the protection ) , sub-licensable and transferable license to use such verified images for advertising , marketing and/or any other business purposes in any media or platform , whether in relation to your listing or otherwise , without further notice or compensation to you .

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 legal provision and list the applicable contract clause categories. Provision: Notwithstanding the place where this Agreement may be executed by any of the parties hereto, the parties expressly agree that all of the terms and provisions hereof shall be governed by and construed under the Laws of the Cayman Islands.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of the case.” Id. In addition, “the reliability analysis should be geared toward the precise sort of testimony at issue and not any fixed evaluative factors.” Id. (citing Kumho Tire Co., Ltd. v. Carmichael, 526 U.S. 137, 150, 119 S.Ct. 1167, 143 L.Ed.2d 238 (1999)). Kivetz’s expert report relates to a consumer survey (Survey) that Kivetz conducted regarding certain advertising claims made on the packaging of Bissell’s CleanView Helix vacuum cleaner (Clean-View Packaging). The Seventh Circuit has indicated that in order to be admissible, a consumer survey “must comply with the principles of professional survey research.” Evory v. RJM Acquisitions Funding L.L.C., 505 F.3d 769, 776 (7th Cir.2007); see also Muha v. Encore Receivable Management, Inc., 558 F.3d 623, 625-26 (7th Cir.2009) (<HOLDING>) (citations omitted); Spraying Systems Co. v. Options: A. holding that test for whether two offenses are not the same is whether each offense requires proof of a fact that the other does not B. holding that pleading was insufficient where the plaintiff failed to among other things set forth the dates of any fraudulent statements C. holding that whether a driver yielded the right of way as per section 74 depends upon whether he acted negligently or unreasonably D. holding that a credibility determination based on among other things a tendency to exaggerate was supported by substantial evidence E. recognizing that whether a consumer survey should be admitted depends among other things on whether the questions are leading or suggestive

assistant: The best answer is E. recognizing that whether a consumer survey should be admitted depends among other things on whether the questions are leading or suggestive
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 Warrant Agent shall account to the Company with respect to Warrants exercised or converted and pay to the Company all moneys received by the Warrant Agent on behalf of the Company on the purchase of Warrant Shares through the exercise of Warrants pursuant to the procedures set forth in Section 5(g)(v). The Warrant Agent shall advise the Company by facsimile or by electronic transmission at the end of each day on which a payment for the exercise of Warrants is received of the amount so deposited to such account.

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: The Borrower will use, and will cause each of its Subsidiaries to use, the proceeds of the Advances for its own account for general corporate purposes of the Borrower and its Subsidiaries in the ordinary course of its business, including without limitation the repayment of Indebtedness, Property acquisitions, capital expenditures, development, redevelopment, capital reserves, working capital and any other transaction not prohibited hereunder. The Borrower will not, nor will it permit any Subsidiary to, use any of the proceeds of the Advances (i) to purchase or carry any “margin stock” (as defined in Regulation U) if such usage could constitute a violation of Regulation U by any Lender, or (ii) to fund any purchase of, or offer for, a controlling portion of the Capital Stock of any Person, unless the board of directors or other manager of such Person has consented to such offer. The Borrower shall not, directly or indirectly, use the proceeds of the Loans, or lend, contribute or otherwise make available such proceeds to any Subsidiary, joint venture partner or other person or entity (i) to fund any activities or business of or with any Designated Person, or in any country or territory, that at the time of such funding is the subject of any sanctions under any Sanctions Laws and Regulations , or (ii) in any other manner that would result in a violation of any Sanctions Laws and Regulations by any party to this Agreement. No Loan, use of proceeds or other transaction contemplated by this Agreement will violate any Anti-Corruption Law or applicable Sanctions Law or Regulation.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the risk or to see that sufficient precautions are taken to protect others from the harm that the risk poses.” Kaisner v. Kolb, 543 So.2d 732, 735 (Fla.1989). Thus, “[a]s to duty, the proper inquiry for the reviewing appellate court is whether the defendant’s conduct created a foreseeable zone of risk, not whether the defendant could foresee the specific injury that actually occurred.” McCain, 593 So.2d at 504 (bold emphasis added). By placing the large cement pipes on the corner of an intersection, Freedom created a “foreseeable zone of risk” where motorists had an obstructed view of eastbound traffic on Griffin Road. Therefore, Freedom had a duty to take necessary precautions and minimize the risk inherent in that obstructed view. Cf. Whitt v. Silverman, 788 So.2d 210 (Fla.2001) (<HOLDING>). The primary issue upon which the trial court Options: A. holding a private landowner can be held hable for negligently keeping property in a manner that obstructs a drivers view of traffic B. holding that a state official can be held individually hable under 1983 for acts taken within the scope of his or her official duties C. holding that public entities may be held vicariously hable for the negligent acts of their individual employees D. holding tavern employees could be held liable for negligently furnishing alcohol to a patron in violation of a criminal statute or ordinance E. holding that in condemnation proceedings the landowner has the burden of establishing the value of the property

assistant: The best answer is A. holding a private landowner can be held hable for negligently keeping property in a manner that obstructs a drivers view of traffic
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 Executive shall be entitled to twenty (20) days of paid vacation per year, in accordance with the Company’s vacation policy; provided that the Executive shall be entitled to twenty-five (25) days of paid vacation per year after three (3) full calendar years of employment. Vacation may be taken at such times as the Executive elects with due regard to the needs of the Company.

assistant: Vacations
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 change this analysis. The Court cannot infer from this general stipulated “fact” that Rodriguez knew or should have known that the Delaware State Police at Troop 3 videotaped conversations of married couples (or at least of Rodriguez and Howard) held in its interview room, if even such videotaping was a regular practice at Troop 3. No facts were developed at the hearing that Rodriguez either knew or should have known of any such police policy. 18 . See generally Eric H. Miller, Annotation, Permissible Warrantless Surveillance, Under State Communications Interception Statute, by State or Local Law Enforcement Officer or One Acting in Concern with Officer, 27 A.L.R.4th 449 § 3 (citations omitted). 19 . See Chimel v. California, 395 U.S. 752, 765, 89 S.Ct. 2034, 23 L.Ed.2d 685 (1969) (<HOLDING>); U.S. v. Albarado, 2nd Cir., 495 F.2d 799, 804 Options: A. holding that determination of whether right is clearly established must be undertaken in light of the specific context of the case B. holding that qualified immunity turns upon the objective legal reasonableness of the officers action assessed in light of the legal rules that were clearly established at the time the action was taken internal quotation marks and citation omitted C. holding that whether an officers force was reasonable must be analyzed under the reasonableness standard of the fourth amendment D. holding that questions of reasonableness depend upon the facts and circumstances the total atmosphere of the case citation omitted which must be viewed in the light of established fourth amendment principles E. holding that knockandannounce principle is an element of the fourth amendment reasonableness inquiry because we have little doubt that the framers of the fourth amendment thought that the method of an officers entry into a dwelling was among the factors to be considered in assessing the reasonableness of a search and seizure

assistant: The best answer is D. holding that questions of reasonableness depend upon the facts and circumstances the total atmosphere of the case citation omitted which must be viewed in the light of established fourth amendment principles
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: bag with the other) was the “longest” ten seconds of her life. To the extent the jurors interpreted this idiom to necessarily imply fright, they had the discretion to ignore Callahan’s testimony to the contrary. It is altogether possible, therefore, that the jurors dismissed Callahan’s claim about not being “frightened” as an after-the-fact exaggeration by a “very outspoken individual”— a boast of sorts, offered from the point of view of courtroom hindsight. See generally Montague v. Commonwealth, 40 Va.App. 430, 436, 579 S.E.2d 667, 669 (2003) (noting that a factfinder need not decide between rejecting or accepting a witness’s testimony in full, but may find it credible in part and incredible in part); see also Barrett v. Commonwealth, 231 Va. 102, 107, 341 S.E.2d 190, 193 (1986) (<HOLDING>). We cannot discern, of course, which scenario Options: A. holding that the defendants unconstitutionally obtained statements to the police telling them that narcotics were located in the hood of his truck did not render the narcotics inadmissible because the police were trained to look under the hoods of vehicles when searching for drugs and therefore would have found them even had the defendant not directed them to look under the hood B. holding that where petitioners did not simply challenge the validity of their orders of removal but had questioned whether the statute grants the ins authority to remove them to a country that cannot accept them the court of appeals retains jurisdiction C. recognizing that jurors should be protected from being harassed and beset by the defeated party in an effort to secure from them evidence of facts which might establish misconduct sufficient to set aside a verdict D. holding that assumption of jurisdiction by the state court would infringe upon the right of reservation indians to make their own laws and be governed by them E. recognizing that jurors have the right to reject that part of the evidence believed by them to be untrue and to accept that found by them to be true

assistant: The best answer is E. recognizing that jurors have the right to reject that part of the evidence believed by them to be untrue and to accept that found by them to be true
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: For all of the services rendered by Executive hereunder, the Company shall pay Executive a base salary (“ Base Salary ”), which shall be at the annual rate of Three Hundred Ninety Eight Thousand Six Hundred Dollars ($398,600) beginning as of the Effective Date, payable in installments at such times as the Company customarily pays its other senior level executives. Executive’s Base Salary shall be reviewed annually for appropriate increases by the Board pursuant to the Board’s normal performance review policies for senior level executives but shall not be decreased.

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 legal provision and list the applicable contract clause categories. Provision: This Guaranty shall be binding upon and inure to the benefit of the parties hereto and their respective successors, assigns and legal representatives; provided , however , that Guarantor may not, without the prior written consent of Lender, assign any of its rights, powers, duties or obligations hereunder. If Guarantor consists of more than one person or party, the obligations and liabilities of each such person or party shall be joint and several.

assistant: Assignments
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 Borrower will, and will cause each of its Subsidiaries to, comply with federal, state and local Legal Requirements (including Environmental Laws and ERISA) applicable to it or its property and maintain all related permits necessary for the ownership and operation of its property and business, except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: under armour reserves the right to modify these terms by ( i ) posting revised terms on and/or through the services , and/or ( ii ) providing advance notice to you of material changes to the terms , generally via email where practicable , and otherwise through the services ( such as through a notification on the home page of the under armour websites or in our applications ) .

assistant: Unilateral change
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: but he admitted the factual basis of the drug distribution charge under oath. Guerra sought to withdraw his guilty plea before sentencing, but that motion came six.months after he entered the plea. Because we do not find Guerra has shown a fair and just reason to withdraw his plea, we need not consider whether the government would be prejudiced. United States v. Has No Horses, 261 F.3d 744, 750 (8th Cir.2001), cert, denied, — U.S. -, 122 S.Ct. 1114, 151 L.Ed.2d 1008 (2002). Even though we do not normally decide ineffective assistance of counsel claims on direct review, because the record is adequately developed in this case, we conclude Guerra’s claim fails. United States v. Cole, 262 F.3d 704, 710 (8th Cir.2001); see also United States v. Hernandez, 281 F.3d 746, 749 (8th Cir.2002) (<HOLDING>). The record includes Guerra’s testimony of his Options: A. holding that ineffective assistance of counsel claims should be brought in collateral proceedings not on direct appeal B. holding that an ineffective assistance of counsel claim must be raised on direct appeal when the facts supporting the claim are presented on the face of the record C. holding ineffective assistance of counsel claims may be decided on direct appeal where the district court has developed a record on the ineffectiveness issue D. holding that we review ineffective assistance of counsel claims on direct appeal only in the unusual cases where the record is sufficiently developed or the legal representation is so obviously inadequate that it denies a defendant his sixth amendment right to counsel E. holding that defendant may raise claim of ineffective assistance of counsel on direct appeal only if ineffective assistance is conclusive from the record

assistant: The best answer is C. holding ineffective assistance of counsel claims may be decided on direct appeal where the district court has developed a record on the ineffectiveness issue
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 contains the entire understanding of Employer and Executive with respect to the subject matter herein. The Transition Benefits shall be in lieu of any severance, notice, termination pay or the like that may be payable under any plan or practice of Employer, or that may be payable by any Federal, state, local, or foreign law, statute, regulation, ordinance, or the like (including the WARN Act or any similar state or foreign law). Any Transition Benefits shall be offset against any severance, notice, or termination pay required to be paid by Employer pursuant to federal, state, or local law or ordinance.

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: It will not create, or participate in the creation of, or permit to exist, any Lien with respect to the Collection Account or any account into which collections on the Receivables are deposited, except as set forth in the Transaction Documents.

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 case excerpt and choose the best holding from the options. Case excerpt: must demonstrate that reasonable jurists would find the district court’s assessment of the constitutional claims debatable or wrong.” Miller-El v. Cockrell, 537 U.S. at 338, 123 S.Ct. at 1040 (quoting Slack v. McDaniel, 529 U.S. at 484, 120 S.Ct. at 1604). Accord Tennard v. Dretke, 542 U.S. at 282, 124 S.Ct. at 2569. In a case in which the petitioner wishes to challenge on appeal this Court’s dismissal of a claim for a reason not of constitutional dimension, such as procedural default, limitations, or lack of exhaustion, the petitioner must show jurists of reason would find it debatable whether the petition states a valid claim of the denial of a constitutional right and whether this Court was correct in its procedural ruling. See Slack v. McDaniel, 529 U.S. at 484, 120 S.Ct. at 1604 (<HOLDING>). In death penalty cases, any doubt as to Options: A. holding that when a district court dismisses a habeas petition on procedural grounds a petitioner is entitled to a coa only if he shows both that reasonable jurists would find it debatable whether he had stated a valid constitutional claim and debatable whether the district courts procedural ruling was correct B. holding that a plaintiff is not required to state the statutory or constitutional basis for his claim only the facts underlying it C. holding when a district court denies a habeas claim on procedural grounds without reaching the underlying constitutional claim a coa may issue only when the petitioner shows that reasonable jurists would find it debatable whether 1 the claim is a valid assertion of the denial of a constitutional right and 2 the district courts procedural ruling was correct D. holding that if the court denies a habeas petition on procedural grounds the certificate of appealability must show that jurists of reason would find debatable two issues 1 that the district court was correct in its procedural ruling and 2 that the applicant has established a valid constitutional violation emphasis in original E. holding that when a district court dismisses a habeas petition on procedural grounds a petitioner is entitled to a coa only if he shows both that reasonable jurists would conclude it debatable whether he had stated a valid constitutional claim and debatable whether the district courts procedural ruling was correct

assistant: The best answer is C. holding when a district court denies a habeas claim on procedural grounds without reaching the underlying constitutional claim a coa may issue only when the petitioner shows that reasonable jurists would find it debatable whether 1 the claim is a valid assertion of the denial of a constitutional right and 2 the district courts procedural ruling was correct
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 sells to Buyer and Buyer purchases from Seller the Shares for One Hundred Thousand Dollars ($100,000.00)(the “Purchase Price”). The Purchase Price shall be released to Seller as set forth in the Escrow Agreement.

assistant: Sales
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, the rights and obligations of the parties hereto, and any claims or disputes relating thereto, shall be governed by and construed in accordance with the laws of the State of New York (but not including any choice of law rule thereof that would cause the laws of another jurisdiction to apply).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Immediately upon the ex ecution and acceptance of this Amendment, each Loan Party and each of their respective successors, assigns, subsidiaries, affiliates, insurers, employees , att orneys, agents, representatives and other persons and/or entities connected therewith, hereby fully and forever compromises, settles, releases, acquits and discharges the Administrative Agent , the Lenders , the Arranger and their respective Affiliates (collectively, the “ Released Parties ”) and each of the Released Parties’ present, former and future directors, officers, employees, agents, partners, trustees, advisors or other representatives and other persons and/or entities connected therewith (collectively, the “ Releasees ”) from any and all debts, claims, demands, liabilities, responsibilities, disputes, causes, damages, actions, causes of action (whether at law and/or in equity) and obligations of every nature whatsoever (whether liquidated or unliquidated, known or unknown, asserted or unasserted, foreseen or unforeseen, matured or unmatured, fixed or contingent) that each Loan Party has, had and/or may claim to have against any of the Releasees which arise from or relate to any actions which any of the Releasees have and/or may have taken or have and/or may have omitted to take prior to the date this Agreement was executed and, without limiting the foregoing, with respect to the Amended and Restated Credit Agreement and/or any documents executed and/or delivered in connection with the foregoing.

assistant: Releases
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 other deferred compensation rights, and vested and nonvested military pensions eligible under the federal Uniformed Services Former Spouses’ Protection Act.” N.C. Gen. Stat. § 50-20(b)(l) (2003). A trial court must value all marital and divisible property — collectively termed distributable property — in order to reasonably determine whether the distribution ordered is equitable. Turner v. Turner, 64 N.C. App. 342, 346, 307 S.E.2d 407, 409 (1983). Therefore, when no finding is made regarding the value of an item of distributable property, a trial court’s findings are insufficient even if a determination is made with respect to the percentage of a distributable property’s value to which each party is entitled. Byrd v. Owens, 86 N.C. App. 418, 421-22, 358 S.E.2d 102, 105 (1987) (<HOLDING>). Pursuant to N.C. Gen. Stat. § 50-20.1(b) Options: A. holding that trial court erred by failing to compel prosecution to turn over witnesses prior statements relating to their trial testimony B. holding the trial court erred by failing to assign a promissory note value using traditional methods of tracing funds and simply distributing it by giving an 80 interest to defendant and 20 to plaintiff C. holding that the trial court erred by giving a misleading instruction D. holding that trial court erred by not allowing the plaintiff to introduce evidence of prior dealings with the defendant E. holding that the district court erred by failing to determine and deduct the actual value of securities received by fraud victims

assistant: The best answer is B. holding the trial court erred by failing to assign a promissory note value using traditional methods of tracing funds and simply distributing it by giving an 80 interest to defendant and 20 to plaintiff