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: return of the items seized there. The District Court agreed that “the venue defect could have been cured by a transfer to the proper venue for the claims related to items 6, 7, and 8.” The District Court also noted that “dismissal effectively destroyed [Rodriguez’s] ability to refile the motion in the proper venue because, by that point, the six-year statute of limitations had run.” Therefore, citing Federal Rule of Civil Procedure 62.1(a)(3), the District Court certified that it would grant Rodriguez’s motion for reconsideration and “issue an order transferring the portion of his claims relating to items 6, 7, and 8 to the United States District Court for the District of Puerto Rico, if the Court of Appeals remands for those purposes.” Venen v. Sweet, 758 F.2d 117, 123 (3d Cir.1985) (<HOLDING>). The Government has agreed that such a remand Options: A. holding district courts decision to deny a rule 60b motion is a separately appealable decision requiring a new notice of appeal B. holding without extended discussion that even if the district court should have construed the petitioners motion under 18 usc 3582c2 as a rule 60b motion the court would nonetheless have had to recharacterize the rule 60b motion as an sshp C. holding that a lower court cannot grant a rule 60b motion after an appeal has been filed unless the appellate court grants a limited remand upon the trial court entering a memorandum indicating its inclination to grant the rule 60b motion D. holding that motion for reconsideration would be construed not as a rule 60b motion but rather as an unauthorized successive motion under 2255 which the district court may have been without jurisdiction to consider E. holding that while a district court lacks jurisdiction to deny a 60b motion while an appeal is pending it can certify that it will grant a 60b motion if the court of appeals remands the case for that purpose

assistant: The best answer is E. holding that while a district court lacks jurisdiction to deny a 60b motion while an appeal is pending it can certify that it will grant a 60b motion if the court of appeals remands the case for that purpose
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 and agree that the failure of any party to perform its agreements and covenants hereunder, including such party’s failure to take all actions as are necessary on such party’s part in accordance with the terms and conditions of this Agreement, will cause irreparable injury to the other parties, for which damages, even if available, will not be an adequate remedy. Accordingly, each party hereby consents to the issuance of injunctive relief by any court of competent jurisdiction to compel performance of such party’s obligations and to the granting by any court of the remedy of specific performance of such party’s obligations hereunder.

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: All covenants, agreements, representations and warranties made by the Borrower in the Loan Documents and in the certificates or other instruments delivered in connection with or pursuant to this Agreement or any other Loan Document shall be considered to have been relied upon by the other parties hereto and shall survive the execution and delivery of the Loan Documents and the making of any Advances and issuance of any Letters of Credit, regardless of any investigation made by any such other party on its behalf and notwithstanding that the Agent, the Issuer or any Bank may have had notice or knowledge of any Event of Default or incorrect representation or warranty at the time any credit is extended hereunder, and shall continue in full force and effect as long as any Loan Obligations are outstanding and unpaid or any Letter of Credit is outstanding and so long as the Commitments have not expired or terminated The expense reimbursement, additional cost, capital adequacy and indemnification provisions of this Agreement shall survive and remain in full force and effect regardless of the consummation of the transactions contemplated hereby, the repayment of the Loan Obligations, the expiration or termination of the Letters of Credit and the Commitments or the termination of this Agreement or any provision hereof. This Agreement shall terminate on the date (the "Termination Date") on which all Loan Obligations then due and owing have been paid in full, all Commitments have been terminated, and all undrawn portions or Letters of Credit have been cash collateralized or otherwise provided for pursuant to arrangements satisfactory to the Issuer except that (x) those provisions which by the express terms thereof continue in effect notwithstanding the Termination Date, and (y) the Loan Obligations in the nature of continuing indemnities not yet due and payable, shall continue in effect.

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: This Amendment, the other Loan Documents and any separate letter agreements, solely to the extent with respect to fees payable to the Administrative Agent and the Amendment No. 2 Arrangers, constitute the entire contract among the parties relating to the subject matter hereof and supersede any and all previous agreements and understandings, oral or written, relating to the subject matter hereof.

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 case excerpt and choose the best holding from the options. Case excerpt: by petitioners that the absence of a review panel is “a process point,” and that they cannot cite any information they could not have presented during the normal notice-and-eomment period). And courts may not, under the guise of the APA’s arbitrary-and-capricious review standard, impose procedural requirements that the APA’s procedural provisions, e.g., APA § 4, 5 U.S.C. § 553, do not themselves impose. Compare Vermont Yankee Nuclear Power Corp. v. NRDC, 435 U.S. 519, 524, 98 S.Ct. 1197, 55 L.Ed.2d 460 (1978) (noting that the notice- and-comment procedures prescribed by section 4 of the APA are “the maximum procedural requirements which Congress was willing to have the courts impose upon agencies in conducting rulemaking procedures”), with State Farm, 463 U.S. at 50, 103 S.Ct. 2856 (<HOLDING>)', see Garland, supra, at 528-30. A fortiori, Options: A. holding that a district court committed plain error by imposing a sentence in contravention of statutory requirements B. holding that court had no obligation to inform pro se litigant of procedural requirements due to clear evidence in record including inter alia defendants mention of requirements in summary judgment motion that litigant knew requirements C. holding that the requirements of explanation and consideration of alternatives do not impose additional procedural requirements upon an agency in contravention of vermont yankee D. holding that court may not impose procedural requirements on agency decisionmaking that go beyond those of the administrative procedure act E. holding that a court cannot impose procedural re quirements on an agency beyond the minimum requirements imposed by statute

assistant: The best answer is C. holding that the requirements of explanation and consideration of alternatives do not impose additional procedural requirements upon an agency in contravention of vermont yankee
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 MPT Parties acknowledge and agree that the MPT Parties have completed their due diligence of the Owned Real Property and the Acquired Assets as of the Effective Date. None of IASIS, any of the Sellers or any of their respective Representatives or any other Person has made any representations or warranties, express or implied, of any nature whatsoever relating to IASIS or any of the Sellers, the Owned Real Property or the Acquired Assets, or the business, assets, properties or operations of IASIS or any of the Sellers or otherwise in connection with this Agreement or the transactions contemplated hereby other than those representations and warranties expressly set forth in this ARTICLE II . Without limiting the generality of the foregoing, neither IASIS nor any of the Sellers nor any of their respective Representatives or any other Person, has made, and shall not be deemed to have made, any representations or warranties in the materials relating to the Owned Real Property or the Acquired Assets, the business, assets, properties or operations of IASIS or any of the Sellers, including in the Due Diligence Documents or other due diligence materials, or in any presentation of the Owned Real Property or Acquired Assets or the business, assets, properties or operations of IASIS or any of the Sellers by management of IASIS or others in connection with this Agreement and the transactions contemplated hereby, and no statement contained in any of such materials or made in any such presentation shall be deemed a representation or warranty (hereunder or otherwise) and deemed to be relied upon by the MPT Parties in executing, delivering and performing this Agreement and the transactions contemplated hereby. It is understood that any cost estimates, projections or other predictions, any data, any financial information or any memoranda or offering materials or presentations, including but not limited to, the Due Diligence Documents, any offering memorandum or similar materials made available or delivered by the IASIS Parties and their Representatives, are not and shall not be deemed to be or to include representations or warranties of any of the IASIS Parties, and are not and shall not be deemed to be relied upon by the MPT Parties in executing, delivering and performing this Agreement and the transactions contemplated hereby.

assistant: Warranties
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: Blue Shield of S.C., Inc., 349 S.C. 356, 361, 563 S.E.2d 331, 333 (2002). Summary judgment is appropriate when there is no genuine issue of material fact such that the moving party is entitled to prevail as a matter of law. Rule 56(c), SCRCP; Fleming v. Rose, 350 S.C. 488, 493, 567 S.E.2d 857, 860 (2002). “In determining whether any triable issues of fact exist, the court must view the evidence and all reasonable inferences that may be drawn. from the evidence in the light most favorable to the nonmoving party.” David v. McLeod Reg’l Med. Ctr., 367 S.C. 242, 247, 626 S.E.2d 1, 3 (2006). A motion for summary judgment on the basis of the absence of a duty is a question of law for the court to determine. See Doe v. Greenville County Sch. Dist., 375 S.C. 63, 72, 651 S.E.2d 305, 309 (2007) (<HOLDING>). LAW/ANALYSIS Oblachinski contends the circuit Options: A. recognizing that the critical question is whether any present violation exists B. holding that the question whether a cause of action exists is not a question of jurisdiction and therefore may be assumed without being decided C. holding that such a duty exists D. holding that the question of whether an existing constitutional right is infringed is strictly a question of law E. recognizing that whether a duty exists is a question of law for the courts

assistant: The best answer is E. recognizing that whether a duty exists is a question of law for the courts
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: (mem. op., not designated for publication) (considering under section E that mother took prenatal vitamins as evidence that undermined argument that she engaged in course of conduct that endangered child). In addition to failing to properly care for R.A. for the entire time he was a fetus, Jordan also tried to end his existence by attempting suicide when he was an eight-month fetus. This deliberate conduct endangered R.A. physically before he was born. See In re A.M.C., 2 S.W.3d at 716 (finding endangerment from mother’s suicidal ideations, attempts and neglect). Jordan also physically endangered R.A. before he was born by remaining with Akin, who was repeatedly physically abusing her to the point that she knew he was endangering R.A. as a fetus. See In re J.T., 2009 WL 2077184 at *12 (<HOLDING>); see also In re J.I.T.P., 99 S.W.3d at 845 Options: A. holding evidence supported terminating mothers parental rights under section d based in part on evidence that mother could not adequately protect or provide financially for children B. holding evidence legally and factually sufficient under sections d and e to terminate mothers parental rights based in part on evidence that mother placed children with father who lived transient lifestyle with children C. holding evidence legally and factually sufficient to terminate mothers parental rights under section e for endangering physical wellbeing of child based in part on evidence that mother remained with physically abusive person while she was pregnant D. holding evidence legally and factually sufficient under sections d and e to terminate mothers parental rights based in part on evidence that mother endangered childs physical and emotional wellbeing by leaving child alone overnight with known cocaine abusers E. holding evidence legally and factually sufficient under sections d and e to terminate mothers parental rights based in part on evidence that mother placed children with physically abusive father

assistant: The best answer is C. holding evidence legally and factually sufficient to terminate mothers parental rights under section e for endangering physical wellbeing of child based in part on evidence that mother remained with physically abusive person while she was pregnant
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: discretion. See Florida Parole & Probation Comm’n v. Paige, 462 So.2d 817 (Fla.1985). As we observed in Florida Parole Commission v. Brown, 989 So.2d 723 (Fla. 1st DCA 2008), an abuse of discretion may be established in various ways, including a showing that the Commission deviated from the legal requirements imposed upon it, such as the obligation to review the inmate’s complete record and to articulate the basis for its decision. In the petition for writ of mandamus filed in the circuit court, Thomas asserted that the Commission had not complied with rules 23-21.0155 or 23-21.0161, Florida Administrative Code, and failed to articulate the basis for its decision. We conclude that this claim stated a basis for relief. See Alday v. Fla. Parole Comm’n, 58 So.3d 327 (Fla. 1st DCA 2011) (<HOLDING>). Rule 23-21.0155 provides that when the Options: A. holding that the parole commission is required to state reasons for its finding that an inmate continues to be a poor candidate for parole release B. holding that there was no legal right to court review of parole board decision because there is no legal right to release on parole C. holding that where the capital defendants future dangerousness is at issue and state law prohibits the defendants release on parole due process requires that the sentencing jury be informed that the defendant is parole ineligible D. holding that an important part of due process in the context of parole revocation is a written statement by the factfinders as to the evidence relied on and reasons for revoking parole E. holding that habeas petition challenging the state boards decision to defer his scheduled parole release date was rendered moot by prisoners release from custody on parole and subsequent incarceration for violating his parole

assistant: The best answer is A. holding that the parole commission is required to state reasons for its finding that an inmate continues to be a poor candidate for parole release
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 is the intent of the Company that the Plan and Awards that are intended to be “qualified performance-based compensation” under Code section 162(m) comply with the applicable provisions of Code section 162(m). It is the intent of the Company that the Plan and Awards comply with the applicable provisions of Code section 409A or an exemption, including any six month delay required for specified employees, if applicable. To the extent that any legal requirement of Code section 162(m) or 409A as set forth in the Plan ceases to be required under Code section 162(m) or 409A, that Plan provision shall cease to apply. Payment of Awards shall only be made in a manner and upon an event permitted under Code section 409A. Each payment shall be treated as a separate payment for purposes of Code section 409A, and in no event shall a Participant, directly or indirectly, designate the calendar year in which a distribution is made except in accordance with Code section 409A. Notwithstanding the foregoing, in no event shall the Company be liable for any taxes, penalties, interest or other expenses that may be incurred by a Participant on account of non-compliance with Code section 409A. The Committee may revoke any Award if it is contrary to law or modify an Award to bring it into compliance with any valid and mandatory government regulation.

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 legal provision and list the applicable contract clause categories. Provision: Each Borrower Party and each Subsidiary of a Borrower Party is in compliance with all Applicable Laws and with all of the provisions of its certificate of incorporation or formation and by-laws or other governing documents except where the failure to be in compliance could not reasonably be expected to have a Materially Adverse Effect, and no event has occurred or has failed to occur which has not been remedied or waived, the occurrence or non-occurrence of which constitutes a Default.

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 case excerpt and choose the best holding from the options. Case excerpt: of the First Amendment and the Equal Protection Clause of the Fourteenth Amendment, the motion for summary judgment only alleged a First Amendment violation. On appeal, the Unions again argue only that the VCA violates their right to free speech. 2 . Unlike the state itself, amici apparently recognize that the state must have proprietary control over the forum in question in order for us to conclude that the forum is nonpublic. 3 . In Ambus, we noted that the third and fourth Mt. Healthy factors address whether a judgment would be paid from the state treasury. Id. at 996. Although the sc ent regulation could act to transform third-party property into a nonpublic forum, such a circumstance is not present here. Cf. Council of Greenburgh Civic Ass'ns, 453 U.S. at 128, 101 S.Ct. 2676 (<HOLDING>). 6 . In so holding, we reach the same Options: A. holding that mailboxes although paid for by the customer are an essential part of the postal service for purposes of forum analysis B. recognizing that although provision of municipal service is not fundamental right inequitable provision of that service is subject to equal protection analysis C. holding that equitable estoppel did not apply because boyd was not affirmatively misled by a postal service official D. holding agencies of state government are part of the state for purposes of sovereign immunity E. holding it appropriate for the purposes of developing an analysis of the potential damages at issue to include some request for information or an appropriately designed questionnaire which could be made part of the notice itself

assistant: The best answer is A. holding that mailboxes although paid for by the customer are an essential part of the postal service for purposes of forum analysis
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 hereto agrees to execute and deliver, by the proper exercise of its corporate, limited liability company, partnership or other powers, all such other and additional instruments and documents and so all such other acts and things as may be necessary to more fully effectuate this Agreement.

assistant: Further Assurances
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: information in the past” is sufficient to provide reasonable suspicion for a stop. Adams v. Williams, 407 U.S. 143, 146, 32 L. Ed. 2d 612, 617, 92 S. Ct. 1921, 1923 (1972). See also Alabama v. White, 496 U.S. 325, 330, 110 L. Ed. 2d 301, 309, 110 S. Ct. 2412, 2416 (1990) (observing that “reasonable suspicion can arise from information that is less reliable than that required to show probable cause” and noting that, in Adams, the Court had reasoned that “the unverified tip from the known informant might not have been reliable enough to establish probable cause, but nevertheless found it sufficiently reliable to justify a Terry stop”); State v. Morton, 363 N.C. 737, 738, 686 S.E.2d 510, 510, adopting per curiam, 198 N.C. App. 206, 217, 679 S.E.2d 437, 445 (2009) (Hunter, J., dissenting) (<HOLDING>); State v. Downing, 169 N.C. App. 790, 794-95, Options: A. holding that the detectives in this case had reasonable suspicion to believe defendant could be armed based solely on the confidential informants tip that defendant was involved in a recent driveby shooting and was wearing gang colors B. holding that it was reasonable for the defendant to foresee that in an encounter between armed robbers and armed guards protecting an armored car a shooting was likely to occur C. holding an informants tip can establish reasonable suspicion without investigative confirmation if the tip is credible D. holding circumstances supporting reasonable suspicion to make a stop included that the defendant was on a comer on which recent multiple drugrelated arrests had been made E. holding corroboration is not a necessity where confidential informants reliability was well established and his tip was based on direct personal observation of criminal activity

assistant: The best answer is A. holding that the detectives in this case had reasonable suspicion to believe defendant could be armed based solely on the confidential informants tip that defendant was involved in a recent driveby shooting and was wearing gang colors
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Signatures on this Agreement may be conveyed by electronic transmission and shall be binding upon the parties so transmitting their signatures. Counterparts with original signatures shall be provided to the other parties following the applicable electronic transmission; provided , however , that failure to provide the original counterpart shall have no effect on the validity or the binding nature of this Agreement.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: we both agree that all of these claims can only be litigated in dublin , ireland , and we each agree to personal jurisdiction of the courts located in dublin , ireland .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: and the Defen dant....” Both the excited utterance exception and the state of mind exception are firmly rooted hearsay exceptions. See White v. Illinois, 502 U.S. 346, 355 n8, 112 S.Ct. 736, 742,116 L.Ed.2d 848, 858 (1992); Ohio v. Roberts, 448 U.S. 56, 66, 100 S.Ct. 2531, 2537, 65 L.Ed.2d 597, 608 (1980). Therefore, reliability is presumed and we need not address whether there are particularized guarantees of trustworthiness. [¶ 41.] First, the victim’s statements were properly admitted under firmly rooted exceptions to the hearsay rule. Second, it is well understood that a murder victim’s statements, regarding fear of the accused, are admissible to rebut a defendant’s claim of accidental death. Davi, 504 N.W.2d at 854 (citing United States v. Brown, 490 F.2d 758, 766 (D.C.Cir.1973)) (<HOLDING>). See also Clay v. Com., 262 Va. 253, 546 Options: A. holding that statements made during a compulsory psychological examination are admissible to rebut a defendants diminished capacity defense B. holding victims statements admissible under state of mind exception to rebut defendants claim of accident andor suicide C. holding evidence spanning entire marriage admissible to show death was not accidental D. holding statements admissible to rebut defendants claims of selfdefense suicide or accidental death E. holding victims statements to coworkers admissible to rebut defendants claim that they had a good marriage

assistant: The best answer is D. holding statements admissible to rebut defendants claims of selfdefense suicide or accidental death
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: you may need to create an under armour account to access the services , and it 's important that the information associated with your account is accurate and up-to-date ( particularly your email address -- if you ever forget your password , a working email address is often the only way for us to verify your identity and help you log back in ) .

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 as disclosed on Schedule 6.4 hereto, there are (a) no lawsuits, actions, investigations, examinations or other proceedings pending or, to the knowledge of the Borrower , threatened against any Company, or in respect of which any Company may have any liability, in any court or before or by any Governmental Authority, arbitration board, or other tribunal that could reasonably be expected to have a Material Adverse Effect, (b) no orders, writs, injunctions, judgments, or decrees of any court or Governmental Authority to which any Company is a party or by which the property or assets of any Company are bound that could reasonably be expected to have a Material Adverse Effect, and (c) no grievances, disputes, or controversies outstanding with any union or other organization of the employees of any Company, or threats of work stoppage, strike, or pending demands for collective bargaining, that could reasonably be expected to have a Material Adverse Effect.

assistant: Litigations
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: A list of all Registered Intellectual Property of each Credit Party and all material in-bound license or sublicense agreements, exclusive out-bound license or sublicense agreements, or other rights of any Credit Party to use any Material Intangible Asset (but excluding in-bound licenses of over-the-counter software that is commercially available to the public), as of the Closing Date and, as updated pursuant to Section 4.17, has been delivered to Agent. Except for Permitted Licenses, each Credit Party is the sole owner of its Intellectual Property free and clear of any Liens. Each Patent constituting a Material Intangible Asset is valid and enforceable and no part of the Material Intangible Assets has been judged invalid or unenforceable, in whole or in part, and to the best of Borrower’s knowledge, no claim has been made that any part of the Intellectual Property constituting a Material Intangible Asset violates the rights of any third party.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Rule 81(b)(2) to constrain us in Cain. But this case does not involve a claim of state constitutional dimension, and because I agree that this particular federal constitutional defect is not structural, and that it ought to be “subject to harmless error review” within the meaning of Rule 44.2(a), I concur. 1 . Former Rule 81(b)(2) read: “If the appellate record in a criminal case reveals error in the proceedings below, the appellate court shall reverse the judgment under review, unless the appellate court determines beyond a reasonable doubt that the error made no contribution to the conviction or to the punishment.” Tex R. App. P. 81(b)(2), 49 Tex. B.J. 581 (Tex. & Tex. Crim. App. 1986, amended 1997). 2 . See Chapman v. California, 386 U.S. 18, 24, 87 S.Ct. 824, 17 L.Ed.2d 705 (1967) (<HOLDING>). 3 . See Tex. R. App. P. 44.2(b) ("Any other Options: A. holding that before a federal constitutional error can be held harmless the court must be able to declare a belief that it was harmless beyond a reasonable doubt B. holding constitutional error may be harmless if court can declare a belief that it was harmless beyond a reasonable doubt quoting state v napeahi 57 haw 365 373 556 p2d 569 574 1976 C. holding that before an error can be held harmless the reviewing court must be satisfied beyond a reasonable doubt that the error did not contribute to the defendants conviction D. holding that in order to conclude that federal constitutional error is harmless court must find that error harmless beyond a reasonable doubt E. holding that a constitutional error is harmless where it can be proved beyond a reasonable doubt that the error complained of did not contribute to the verdict obtained

assistant: The best answer is A. holding that before a federal constitutional error can be held harmless the court must be able to declare a belief that it was harmless beyond a reasonable doubt
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 agreements, statements, representations and warranties made by the Pledgor herein or in any certificate or other instrument delivered by the Pledgor or on its behalf under this Agreement shall be considered to have been relied upon by the Collateral Agent and the other Secured Parties and shall survive the execution and delivery of this Agreement until the Termination Date regardless of any investigation made by the Collateral Agent or the other Secured Parties or made on their behalf.

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 case excerpt and choose the best holding from the options. Case excerpt: for standing imposed by Article III. There are several distinct, concrete injuries that the plaintiffs will imminently suffer if the Department’s plan is implemented. The plaintiffs do not need to prove with mathematical certai suffer injury as a result of the Department’s plan, because they are able to calculate its effects by reference to the results of the Post-Enumeration Survey completed in 1992, which closely, mirrors the methodology the Department will utilize as part of its plan for Census 2000. Courts have consistently found that plaintiffs challenging the census have satisfied the requirements of Article III standing where they have made allegations similar to those contained in the Complaint in this case. See City of Detroit v. Franklin, 4 F.3d 1367, 1374-75 (6th Cir.1993) (<HOLDING>); State of Texas v. Mosbacher, 783 F.Supp. 308 Options: A. holding that plaintiffs had standing to challenge the defendants actions based upon their claim that the census undercount will result in a loss of federal funds B. holding that plaintiffs lacked standing to bring securities claims relating to funds that plaintiffs did not own C. holding that economic loss rule barred claim for breach of fiduciary duty where plaintiffs claim arose solely as a result of the existence of a contract between the parties D. holding that plaintiffs failed to plead loss causation where their only allegation was the payment of artificially inflated prices for defendants securities and their complaint failed to provide defendants with notice of what plaintiffs relevant economic loss might be or of what the causal connection might be between that loss and the alleged misrepresentation at issue E. holding that a defendants counterclaim that is based on the breach of the same maritime insurance contract as the main claim cannot be granted a jury trial because the resolution of the defendants claim would dispose of all or part of the plaintiffs action the net result would be to resolve the case in a jury trial despite the plaintiffs 9h election

assistant: The best answer is A. holding that plaintiffs had standing to challenge the defendants actions based upon their claim that the census undercount will result in a loss of federal funds
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 Lender incurs any loss, costs or expenses in enforcing or collecting this Note, in whole or in part, or enforcing any of the terms of this Note, the Borrower agrees to pay all losses, costs and expenses so paid or incurred by Lender including, without limitation, reasonable attorneys’ fees and costs.

assistant: Costs
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 re Amy Unknown provided no clarification on this provision, which has unambiguously required proximate cause under the plain language of the statute since its enactment in 1994. Because Gonzalez failed to raise arguments regarding “other losses” and specific categories of damages in his initial briefing, he has waived this issue on appeal. In any event, fact questions “capable of resolution by the district court upon proper objection at sentencing can never constitute plain error.” Gonzalez’s argument that Vicky’s costs for “educational ... counseling needs” predated his criminal acts and therefore this category of costs could not be proximately caused by his crime is a factual issue. It cannot be the basis for plain error, and even were we to consider i 6 (5th Cir.2008) (<HOLDING>). 7 . Cf. Rita. 551 U.S. at 359, 127 S.Ct. 2456 Options: A. holding that civil settlements have no bearing on decisions of criminal punishment and imposition of a restitution order is a form of punishment and part of a criminal sentence B. holding that designation is neither a sentence nor a punishment C. holding that trial courts failure sua sponte to give reasonabledoubt in struction during punishment phase about pen packets offered during punishment was harmless error because sentence imposed was well within punishment range and prosecutor had asked for greater sentence D. holding that district courts statement that it believed sentence would adequately address the objectives of punishment and deterrence was adequate explanation E. holding that the courts statement that the sentence was sufficient and a greater sentence is not necessary did not contradict the requirements of 3553a

assistant: The best answer is D. holding that district courts statement that it believed sentence would adequately address the objectives of punishment and deterrence was adequate explanation
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 number of outstanding Shares is changed by a stock dividend, recapitalization, stock split, reverse stock split, subdivision, combination, reclassification, spin-off, split-off or similar change in the capital structure of the Company, the number of Shares covered by the Units may be adjusted pursuant to the Plan.

assistant: Adjustments
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: record, that he failed to show that it was more likely than not that he would be tortured if returned to Jamaica. This is a factual argument that does not raise any legal or constitutional issues. We have repeatedly held that we lack jurisdiction to consider a challenge to the BIA’s decision that an applicant failed to meet his burden to warrant relief under the Convention Against Torture. See, e.g., Tran v. Gonzales, 447 F.3d 937, 943 (6th Cir. 2006) (citing Hamid v. Gonzales, 417 F.3d 642 (7th Cir. 2005) for the proposition that courts lack jurisdiction to consider a “petitioner’s CAT claim where he urge[s] the court to review whether the BIA correctly considered, interpreted, and weighed the evidence presented”); Luambano v. Holder, 565 Fed.Appx. 410, 414 (6th Cir. 2014) (<HOLDING>); Arestov v. Holder, 489 Fed.Appx. 911, 917 Options: A. recognizing probable cause as complete defense to a claim of malicious prosecution in new york internal quotation marks and brackets omitted B. holding that the court lacked jurisdiction to consider petitioners argument that the evidence in the record clearly establishes that he is more likely than not to face torture if removed citation quotation marks and brackets omitted C. holding that apprendi error is harmless if the court finds beyond a reasonable doubt that the result would have been the same absent the error internal quotation marks and citation omitted D. holding that to qualify for protection under the convention against torture an alien must show that he will more likely than not be tortured in his home country if removed E. holding that the court lacked jurisdiction to review whether alien established that he will more likely than not be tortured if removed

assistant: The best answer is B. holding that the court lacked jurisdiction to consider petitioners argument that the evidence in the record clearly establishes that he is more likely than not to face torture if removed citation quotation marks and brackets omitted
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 a positive drug screen on November 20, 2005.” Id. The State responds that a violation of a condition of probation does not constitute an offense within the purview of double jeopardy analysis and therefore there is no double jeopardy violation here. It is true that a violation of a condition of probation does not constitute an offense within the purview of double jeopardy analysis. See Kincaid v. State, 736 N.E.2d 1257, 1259 (Ind.Ct.App.2000), reh’g denied. Revocation proceedings are based upon violations of probation conditions rather than upon the commission of a crime, and the -finding of whether a defendant has complied with these conditions is a question of fact and not an adjudication of guilt. Id.; see also Harris v. State, 836 N.E.2d 267, 282 n. 20 (Ind.Ct.App.2005) (<HOLDING>), trans. denied. Moreover, because double Options: A. holding that there is no significant conceptual difference between the revocation of probation or parole and the revocation of supervised release B. holding probation revocation is not a stage of a criminal prosecution C. holding that revocation of parole does not create collateral consequences sufficient to extend standing beyond expiration of sentence and rejecting as moot a challenge to an allegedly erroneous parole revocation D. holding that revocation of the harriss parole like revocation of a defendants probation did not subject him to double jeopardy under the united states constitution because of similarities between the two E. holding that standard for revocation of probation is preponderance of the evidence

assistant: The best answer is D. holding that revocation of the harriss parole like revocation of a defendants probation did not subject him to double jeopardy under the united states constitution because of similarities between the two
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: appeal, the Second Circuit held that BMW/NA had no duty to prevent the customer’s loss caused by the president’s criminal activity and reversed the judgment for the customer. Id. at 1101. The Second Circuit explained: [T]he district court improperly determined that [the customer’s] injury was reasonably foreseeable, and thus erred in finding BMW/NA liable for negligent failure to police the methods of operation of its independent franchisee and to terminate the fr 4 Ga.App. 38, 668 S.E.2d 737, 747-49 (2008) (finding that a franchisor owed no duty to a customer defrauded by one of its franchisees under either the Georgia Franchise Practices Act or the franchise agreement); see also Freedman v. Tenn Dev. Corp., No. 91-475 LON, 1993 U.S. Dist. LEXIS 11021, at *39-47 (D.Del. Aug. 3, 1993) (<HOLDING>). Like the franchisor in Cullen, Jackson Hewitt Options: A. holding that a franchisor had no duty to supervise a potential franchisees activities in soliciting financing from private investors B. holding that no private right of action exists C. holding where there is no duty to defend there is no duty to indemnify D. holding that duty to defend ends when it is apparent there is no potential for coverage E. holding that under section 25303 the board of supervisors has a statutory duty to supervise the conduct of all county officers

assistant: The best answer is A. holding that a franchisor had no duty to supervise a potential franchisees activities in soliciting financing from private investors
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 completely at odds with the agreement read as a whole, which gives the policyholder, not Prudential, the initial l’ight to designate, and thereafter to change, beneficiaries. The phrase “in a form that meets our needs” plainly requires that a beneficiary request contain enough information to allow Prudential to act on the request. Compare McDaniel v. Liberty Nat’l Life Ins. Co., 722 So.2d 865, 866 (Fla. 5th DCA 1998) (policy holder failed to comply with the terms of her policy when she signed a form to change her last name, and checked a box next to a line entitled “beneficiary designation,” but left the line blank, even though she had told an agent that she would like to change her beneficiary by naming her new husband) with Smith v. Wilson, 440 So.2d 442, 444 (Fla. 1st DCA 1983) (<HOLDING>). A beneficiary request will not be in a form Options: A. holding change of beneficiary effective where city employee listed a new beneficiary for his group life insurance policy in an employee personal data form next to the words designated beneficiary even though this did not comply with the policy terms B. holding that an insured has substantially complied with the change of beneficiary provisions of a life insurance policy when he has done all that he could to comply with the provisions C. holding that a contract beneficiary may be liable in restitution where the beneficiary by his conduct induces the conferral of the benefit D. holding that insureds widow as beneficiary of life insurance policy had standing as an injured person under the insurance code E. recognizing that a property settlement and divorce decree which provided for a certain party to be named the irrevocable beneficiary of a life insurance policy was valid and enforceable against anyone subsequently named as a beneficiary

assistant: The best answer is A. holding change of beneficiary effective where city employee listed a new beneficiary for his group life insurance policy in an employee personal data form next to the words designated beneficiary even though this did not comply with the policy terms
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall begin on August 3, 2017 (“Commencement Date”) and shall terminate on August 3, 2020 (“Initial Term”), but shall extend automatically for successive one-year periods (each a “Renewal Term”) unless, not later than sixty days before expiration of the Initial Term or any Renewal Term, Company provides Executive with written notice to the contrary.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: EACH PARTY IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, THE RIGHT TO TRIAL BY JURY IN LEGAL PROCEEDING RELATING TO THIS AGREEMENT.

assistant: Waiver Of Jury Trials
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: subscriber shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to , access the site or otherwise use the services , including , without limitation , modems , hardware , software , and long distance or local telephone service .

assistant: None