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: and I authorize the EEOC to look into the discrimination I described above,” qualifies as a “charge.” Henderson v. Bank of Am., N.A., Civ. Action No. 2:14-cv-895, 2015 WL 2374519, at *2 (E.D.Tex. May 15, 2015); Crevier-Gerukos v. Eisai Inc., Civ. Action No. H-11-0434, 2012 WL 681723, at *8 (S.D.Tex. Feb. 29, 2012) (citing additional unpublished cases in support of proposition). On the other hand, an intake questionnaire that has a checked Box 2, next to the statement “I want to talk to añ EEOC employee before deciding to file a charge of discrimination,” and “I understand that by checking this box, I have not filed a charge with the EEOC” does not constitute a charge. See Lugo-Young v. Courier Network, Inc., No. 10-CV-3197 (RRM)(LB), 2012 WL 847381, at *6 (E.D.N.Y. Mar. 13, 2012) (<HOLDING>); see also Hawthorne v. Vatterott Educ. Ctrs. Options: A. holding in accordance with other circuits that an intake questionnaire may serve as a charge of discrimination if the circumstances of the case demonstrate that the charging party manifested the intent to activate the administrative process B. holding that based on plain language in box 2 plaintiffs intake questionnaire could not be construed as timely eeoc charge C. holding that the timely filing of an eeoc charge is subject to waiver estoppel and equitable tolling D. holding an intake questionnaire to constitute a charge under the adea upon application of the manifestation of intent test although the eeoc did not consider the questionnaire to be a charge and the aggrieved person subsequently filed a formal charge E. holding that plaintiffs filing with the eeoc constituted a formal charge because the plaintiff attached a statement to the filed intake questionnaire that included a request for the agency to act

assistant: The best answer is B. holding that based on plain language in box 2 plaintiffs intake questionnaire could not be construed as timely eeoc charge
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 enable or log in to the services via various online third-party services , such as social media and social networking services like facebook or twitter ( `` social networking services '' ) .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: (a) Any and all payments by the Borrowers to or for the account of any Lender, the Agent or the Collateral Agent hereunder or under the other Loan Documents or any other documents to be delivered hereunder shall be made, in accordance with Section 2.14 or the applicable provisions of such other documents, free and clear of and without deduction for any and all present or future Taxes (excluding any Excluded Taxes). If the Borrowers shall be required by law to deduct any Taxes from or in respect of any sum payable hereunder or under any other Loan Document or any other documents to be delivered hereunder to any Lender, the Agent or the Collateral Agent, (i) to the extent that the withholding or deduction is made on account of Indemnified Taxes, the sum payable shall be increased as may be necessary so that after making all required deductions for Indemnified Taxes (including deductions for Indemnified Taxes applicable to additional sums payable under this Section 2.15) such Lender, the Agent and the Collateral Agent (as the case may be) receive an amount equal to the sum each would have received had no such deductions of Indemnified Taxes been made, (ii) the Borrowers shall make such deductions as are determined by such Borrowers to be required based upon the information and documentation it has received pursuant to Sections 2.15(e) and (f) and (iii) the Borrowers shall pay the full amount deducted to the relevant taxation authority or other authority in accordance with applicable law.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The execution and delivery of this Agreement and each other agreement, instrument, document or certificate related to or arising from this Agreement (the “ Related Documents ”) does not, and the consummation of the transactions contemplated hereby and thereby and compliance with the terms hereof and thereof will not (subject only to obtaining any required consents, approvals, authorizations, exemptions or waivers set forth on Schedule ‎3.7 ), (i) to Seller’s Knowledge, result in any violation of, any statute, regulation, rule, injunction, judgment, order, decree, ruling, charge or other restriction of any government, governmental agency, or court to which Seller is subject; (ii) result in any violation of any provision of its articles of organization, operating agreement or other organizational documents; or (iii) result in any violation of or default on the part of Seller (with or without notice or lapse of time, or both) under, or give rise to a right of termination, cancellation or acceleration of any material Contract or result in the creation of any Encumbrance (except Permitted Encumbrances) upon the Assets. The execution, delivery and performance of this Agreement and the Related Documents to which Seller is or is to become a party have been duly and validly authorized by all requisite limited liability company action on the part of Seller.

assistant: Authorizations
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 the purpose of facilitating the execution of this Agreement and for other purposes, this Agreement may be executed simultaneously in any number of counterparts, each of which shall be deemed to be an original, and together shall constitute and be one and the same instrument.

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 legal provision and list the applicable contract clause categories. Provision: Directly or indirectly use the proceeds of any Borrowing or Letter of Credit for any purpose which would breach the FCPA, the UK Bribery Act 2010, and/or other similar anti-corruption legislation in other jurisdictions.

assistant: Anti-Corruption 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: except as required to enforce the arbitrator 's decision and award , neither you nor spotify shall make any public announcement or public comment or originate any publicity concerning the arbitration , including , but not limited to , the fact that the parties are in dispute , the existence of the arbitration , or any decision or award of the arbitrator .

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: To the extent the Participant has taxable income in connection with the grant, vesting or payment of the PSUs or the delivery of shares of Common Stock, the Company is authorized to withhold from any compensation payable to Participant, including shares of Common Stock that the Company is to deliver to the Participant, or require the Participant to remit to the Company any taxes required to be withheld by foreign, federal, state, provincial or local law. By executing this Agreement, the Participant authorizes the Company to withhold any applicable taxes.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: In consideration of Executive’s performance of the responsibilities and duties set forth in this Agreement, the Bank will provide Executive the compensation specified in this Agreement. The Bank will pay Executive a salary of $155,000.00 per year (“Base Salary”). Such Base Salary will be payable in accordance with the customary payroll practices of the Bank. During the term of this Agreement, the Board may consider increasing, but not decreasing (other than a decrease which is applicable to all senior officers of the Bank and in a percentage not in excess of the percentage decrease for other senior officers), Executive’s Base Salary as the Board deems appropriate. Any change in Base Salary will become the “Base Salary” for purposes of this Agreement.

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: With respect to any Collateral (whether now owned or hereafter acquired) constituting Intellectual Property registered or applied for in the U.S. Patent and Trademark Office or the U.S. Copyright Office, each Grantor shall execute and deliver a short form agreement substantially in the form of Annex II hereto covering all such U.S. registered and applied for Intellectual Property in appropriate form for recordation with the U.S. Patent and Trademark Office or the U.S. Copyright Office, or other documents as the Collateral Agent may reasonably request to evidence the Administrative Agent’s, the Collateral Agent’s and the other Secured Parties’ security interest in such Copyrights, Patents and Trademarks and in the goodwill and general intangibles of such Grantor relating thereto or represented thereby. Each Grantor shall, on each date that the Borrower is required to deliver financial statements pursuant to Section 6.1(a) of the Credit Agreement, provide the Collateral Agent with written notice of any additional Collateral constituting U.S. registered and applied for Intellectual Property acquired since the last date financial statements were delivered pursuant to Section 6.1(a) of the Credit Agreement (or, with respect to the first such date financial statements are delivered pursuant to such Sections, since the date hereof).

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 legal provision and list the applicable contract clause categories. Provision: Except as otherwise provided in Section 3, the Options shall vest and become exercisable in the amounts and on the vesting dates set forth in the Notice of Grant, subject to the continuous employment of the Participant with the Company or a Subsidiary until the applicable vesting date.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Moylan has not assigned or transferred any claim he is releasing, nor has he purported to do so. If any provision in this Agreement is found to be unenforceable, all other provisions will remain fully enforceable. This Agreement binds Moylan’s heirs, administrators, representatives, executors, successors, and assigns, and will insure to the benefit of all Released Parties and their respective heirs, administrators, representatives, executors, successors, and assigns.

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: All of the Awarded Shares shall immediately vest in full and all other restrictions placed on the Awarded Shares shall be removed (and no one-year holding requirement will apply) if both (1) a Change in Control occurs, and (2) at any time after the Change in Control and during the twenty-four (24) month period ending on the second anniversary of the Change in Control, your service with the Company, Sterling National Bank and/or any of their subsidiaries is terminated without Cause or for Good Reason.

assistant: Change In Control
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 the purpose of meeting a legal requirement of any jurisdiction in which the Trust Property or a Financed Vehicle may be located, the Administrator and the Owner Trustee acting jointly will have the power to appoint one or more Persons approved by the Owner Trustee to act as a separate trustee or as separate trustees, or as co-trustee, jointly with the Owner Trustee, of the Issuer, and to vest in that Person, in that capacity, the title to the Trust Property, and, subject to this Section 9.5, the trusts, rights, powers and obligations as the Administrator and the Owner Trustee consider necessary or advisable. If the Administrator has not joined in the appointment within 15 Business Days of its receipt of a request so to do, the Owner Trustee will have the power to make the appointment. No separate trustee or co-trustee under this Agreement will be required to be eligible under Section 9.1(a) and no notice of the appointment of a separate trustee or co-trustee is required.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: by the record. See United States v. Roberson, 90 F.3d 75, 77 (3d Cir.1996). The Government’s central argument is that Lowe did not submit to the initial show of authority because he failed to show his hands in response to the officers’ commands. As noted earlier, the Supreme Court has explained that “[an individual] sitting in a chair may submit to authority by not getting up to run away.” Brendlin, 551 U.S. at 262, 127 S.Ct. 2400. The Government’s argument invites us to add “unless the police have instructed him to stand up” to the analysis. Neither Supreme Court precedent nor the law of our Circuit supports such a qualification. See id. (explaining that responding to a show of authority by staying put is a means of passively submitting to that authority); Campbell, 332 F.3d at 206 (<HOLDING>). Instead, failure to submit has been found Options: A. holding that no valid arrest had taken place before the search of the defendants person was conducted even though prior to that point a police officer had approached the defendant displayed his badge informed the defendant of his suspicions that the defendants luggage contained drug contraband informed the defendant of his constitutional rights and detained the defendant for twenty minutes after he had accompanied the officers to a police office located in the airport B. holding that even though defendant stated he did not read and discuss psr with his counsel he could not show any error that affected his substantial rights C. holding that the defendant submitted to a show of authority by remaining in place even though he declined the police officers initial request to roll down his window and refused to provide the officer with his identification D. holding that defendant was not resident of his mothers household even though his drivers license listed his mothers address and he received mail there because he expressed a belief that his residence was in a different location than his mothers home he rented and occupied his own residence and he testified that he was only living with his mother after expiration of his lease until he could find another place to live E. holding that police may approach citizen and ask that he roll down the window as long as the officers do not detain the citizen or create the impression that the citizen may not leave

assistant: The best answer is C. holding that the defendant submitted to a show of authority by remaining in place even though he declined the police officers initial request to roll down his window and refused to provide the officer with his identification
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 not purchase services from oculus for commercial use or resale , although you may use oculus services to develop and test content , software or applications intended for distribution by oculus .

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: that the armed robberies were offenses “occurring on occasions different from one another” using Shepard-approved materials. “We review de novo whether crimes were committed on occasions different from one another within the meaning of the ACCA.” Weeks, 711 F.3d at 1261. II- McCloud contends that the Government failed to meet its burden of proof because the Shepard documents do not state the time and location of his prior convictions,' or otherwise indicate that the offenses were “temporally distinct.” See id.; Almedina, 686 F.3d at 1315. The Shepard documents in this case include the charging documents for each armed' robbery, the transcript of the plea colloquy, and undisputed statements in the PSI. McCloud’s arrest affidavits are not Shepard documents. See Sneed, 600 F.3d at 1383 (<HOLDING>); of United States v. Rosales-Bruno, 676 F.3d Options: A. holding that an ij could not consider a police report as part of the record of conviction to determine whether an alien had committed a firearms offense because the police report could encompass many offenses with which the alien was never charged or convicted B. holding that the defendant may not state one ground at trial and another on appeal C. holding that defendants prosecution on dui charges was not timeharred even though amended accusations were filed more than two years after offenses were committed because original citations pertaining to the same offenses and conduct were filed prior to the statute of limitations expiration D. holding that courts may not use police reports to determine whether predicate offenses under 924e1 were committed on occasions different from one another E. holding that under the bail reform act for a defendant to have been convicted of two or more offenses constituting crimes of violence offenses must have been committed on different occasions

assistant: The best answer is D. holding that courts may not use police reports to determine whether predicate offenses under 924e1 were committed on occasions different from one another
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: Executive agrees to cooperate fully with the Company and its counsel with respect to any matter (including litigation, investigation, government proceedings, and general claims) that relates to matters with which Executive was involved during the term of employment with the Company , subject to reimbursement of reasonable out-of-pocket travel costs and expenses. Such cooperation may include appearing from time to time at the offices of the Company or the Company’s counsel, or telephonically, for conferences and interviews , and providing testimony in depositions, court proc eedings, and administrative hearings as necessary for the Company to defend claims, and in general providing the Company and its counsel with the full benefit of Executive’s knowledge with respect to any such matter. Executive agrees to render such cooperation in a timely fashion and at such times as may be mutually agre eable to the parties concerned.

assistant: Cooperation
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: “officers are not required to do a more thorough investigation.” Cortez, 478 F.3d at 1116 n. 7. Next, Mocek makes two challenges based on Officer Dilley’s alleged ulterior motives. Mocek first argues that asking for identification exceeded the scope of the investigation for disorderly conduct and that Officer Dilley used § 30-22-3 as an excuse to arrest him where there were no other grounds for doing so. He relies on Supreme Court language explaining that the request for identification must be “reasonably related to the circumstances justifying 02) (rejecting argument that sometimes-protected speech can always support a retaliation claim), abrogated on other grounds by Spiegla v. Hull, 371 F.3d 928 (7th Cir.2004); Blomquist v. Town of Marana, 501 Fed.Appx. 657, 659 (9th Cir.2012) (<HOLDING>); Olasz v. Welsh, 301 Fed.Appx. 142, 146 (3d Options: A. recognizing first amendment petition right where inmate alleged retaliation for filing grievances B. holding court did not have jurisdiction to hear plaintiffs retaliation claim where plaintiff did not check the retaliation box or describe anything that indicates such a claim in the eeoc complaint C. holding that the plaintiffs placement on paid administrative leave constituted an adverse action for purposes of a first amendment retaliation claim D. recognizing first amendment retaliation right E. holding plaintiffs could not maintain a retaliation claim where they lacked a first amendment right to picket or otherwise occupy a nonpublic forum

assistant: The best answer is E. holding plaintiffs could not maintain a retaliation claim where they lacked a first amendment right to picket or otherwise occupy a nonpublic forum
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, which may be executed in multiple counterparts, constitutes the entire agreement of the parties regarding the matters contained herein and shall not be modified by any prior oral or written discussions. Delivery of an executed counterpart of a signature page of this Amendment by telecopy or other electronic imaging transmission (e.g. PDF by email) shall be effective as delivery of a manually executed counterpart of this Amendment. Each of Borrower and each Guarantor hereby ratifies, confirms and reaffirms all of the terms and conditions of the Loan Agreement, and each of the other Loan Documents to which it is a party, and further acknowledges and agrees that all of the terms and conditions of the Loan Agreement and other Loan Documents to which it is a party shall remain in full force and effect, except as expressly provided in this Amendment. Any determination that any provision of this Amendment or any application hereof is invalid, illegal or unenforceable in any respect and in any instance shall not affect the validity, legality or enforceability of such provision in any other instance, or the validity, legality or enforceability of any other provisions of this Amendment.

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 following U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 422 U.S. 937 95 S.Ct. 2670 45 L.Ed.2d 664 John HILL, Attorney General of Texas, et al., Appellants,v.PRINTING INDUSTRIES OF the GULF COAST et al. No. 74-456. Supreme Court of the United States June 30, 1975 John W. Odam Jr., Austin, Tex., for appellants. Gerald M. Birnberg, Austin, Tex., for appellees. PER CURIAM. 1 The parties to this case have informed us that the State of Texas has enacted the Political Funds Reporting and Disclosure Act of 1975, which will become effective on September 1, 1975.* Section 11 of that Act substantially amends Art. 14.10(b) (Supp.1974-1975) of the Texas Election Code, the constitutionality of which is at issue in this appeal. Although the parties take the position that these amendments do not affect this case, we prefer to remand the case to the District Court for reconsideration in light of the recent amendments, rather 'than render an unnecessary judgment on the validity of the constitutional views expressed by the District Court.' White v. Regester, 422 U.S. 935, 95 S.Ct. 2670, 45 L.Ed.2d 662 (1975). 2 The judgment of the District Court is vacated. The case is remanded to that court for reconsideration in light of the new legislation and for dismissal if the case is or becomes moot. 3 So ordered. 4 Mr. Justice DOUGLAS took no part in the consideration or decision of this case. * Tex.Const., Art. 3, § 39.

assistant: 9
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: THIS AGREEMENT IS INTENDED TO TAKE EFFECT AS A SEALED INSTRUMENT FOR ALL PURPOSES AND TO BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF GEORGIA (WITHOUT REFERENCE TO CONFLICT OF LAWS).

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: procedural safeguards of due process .... But that the formulation of these policies is entrusted exclusively to Congress has become about as firmly imbedded in the legislative and judicial tissues of our body politic as any aspect of our government.... We are not prepared to deem ourselves wiser or more sensitive to human rights than our predecessors, especially those who have been most zealous in protecting civil liberties under the Constitution, and must therefore under our constitutional system recognize congressional power in dealing with aliens.... Id. at 531-32, 74 S.Ct. 737. To that end, the Court has applied a very lenient “facially legitimate and bona fide reason standard” to constitutional challenges of immigration statutes. See, e.g., Fiallo, 430 U.S. at 795, 97 S.Ct. 1473 (<HOLDING>); Kleindienst, 408 U.S. at 769, 92 S.Ct. 2576 Options: A. holding that a statute may be facially challenged only by establishing that no set of circumstances exists under which the statute would be valid ie that the law is unconstitutional in all of its applications or at least that the statute lacks a plainly legitimate sweep B. holding that immigration statute that distinguished between legitimate and illegitimate children of united states citizens in giving preference for immigration status to aliens met equal protection standards because distinctions in statute were based on facially legitimate and bona fide reason C. holding that aliens constitute a specific minority deserving enhanced judicial protection and making alienage a suspect classification under the equal protection clause of the united states constitution D. recognizing equal protection right of illegitimate children to maintain civil action for nonsupport against parent E. holding both legitimate and illegitimate children to be proper claimants under georgia wrongful death statute

assistant: The best answer is B. holding that immigration statute that distinguished between legitimate and illegitimate children of united states citizens in giving preference for immigration status to aliens met equal protection standards because distinctions in statute were based on facially legitimate and bona fide reason
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: assistance of counsel because Roark failed to file a motion to suppress Hollon’s confession. Hollon asserts that the confession would have been suppressed because, at the time of the confession, Hollon was mentally incompetent and was therefore unable to understand his Miranda warnings. When considering whether an attorney’s failure to file or pursue a motion to suppress constitutes incompetent performance, the Court is required to examine the probability of success of such a motion in order to determine whether counsel’s decision against pressing the motion was within the wide range of permissible discretion and sound trial strategy. Huck v. State, 124 Idaho 155, 158, 857 P.2d 634, 637 (Ct.App. 1993). See also Carter v. State, 108 Idaho 788, 794-95, 702 P.2d 826, 832-33 (1985) (<HOLDING>); State v. Wood, 132 Idaho 88, 967 P.2d 702 Options: A. holding that under elstad the first question that must be answered when determining whether a subsequent confession is tainted by an earlier confession is whether the initial confession was obtained in violation of the defendants fifth amendment rights ie whether it was involuntary or whether the confession was voluntary but obtained in technical violation of miranda B. holding that trial judges determination of the admissibility of a confession is based on whether the confession was voluntarily given C. holding that counsels failure to move to suppress the defendants confession constituted ineffective assistance because it was obvious that the confession would have been suppressed D. holding that trial counsels decision to submit evidence to the jury that his confession was coerced rather than submitting the evidence to the judge in a motion to suppress was a matter of trial strategy and thus did not constitute ineffective assistance E. holding that counsels total failure to conduct pretrial discovery constituted ineffective assistance

assistant: The best answer is C. holding that counsels failure to move to suppress the defendants confession constituted ineffective assistance because it was obvious that the confession would have been suppressed
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 355 U.S. 1 78 S.Ct. 9 2 L.Ed.2d 19 Junius Irving SCALES, petitioner,v.UNITED STATES of America. No. 3. Supreme Court of the United States October 14, 1957 Mr. Telford Taylor, for petitioner. Solicitor General Rankin (Assistant Attorney General Tompkins, Messrs. Harold D. Koffsky, Kevin T. Maroney, William F. O'Donnell and Philip T. White, on the brief) for the United States. Mr. Barent Ten Eyck, for American Civil Liberties Union, as amicus curiae. On writ of certiorari to the United States Court of Appeals for the Fourth Circuit. PER CURIAM. 1 Upon consideration of the entire record and the confession of error by the Solicitor General, and judgment of the United States Court of Appeals for the Fourth Circuit is reversed. Jencks v. United States, 353 U.S. 657, 77 S.Ct. 1007, 1 L.Ed.2d 1103.

assistant: 1
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Joe Newman appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging excessive force during an arrest. We have jurisdiction under 28 U.S.C. § 1291. We review de novo the district court’s grant of summary judgment on the basis of qualified immunity. Long v. City & County of Honolulu, 511 F.3d 901, 905 (9th Cir. 2007). We affirm. The district court properly granted summary judgment because, in light of the video recording of the incident from Officer Williams’ patrol car, no reasonable jury could credit Newman’s account of the arrest and find that defendants used an unreasonable amount of force. See Scott v. Harris, 550 U.S. 372, 380, 127 S.Ct. 1769, 167 L.Ed.2d 686 (2007) (<HOLDING>); Espinosa v. City & County of San Francisco, Options: A. holding that when a video recording of an alleged excessive force incident contradicts the nonmoving partys version of the incident to the extent that no reasonable jury could believe it a court should not adopt that version of the facts for purposes of ruling on a motion for summary judgment B. holding that summary judgment should have been granted because motorists version of facts was utterly discredited by videotape of incident C. holding that in ruling on a motion for summary judgment the trial court is limited to the grounds raised in the motion D. holding that when opposing parties tell two different stories one of which is blatantly contradicted by the record so that no reasonable jury could believe it a court should not adopt that version of the facts for purposes of ruling on a motion for summary judgment E. holding that on summary judgment a court should not adopt a version of the facts blatantly contradicted by the record

assistant: The best answer is A. holding that when a video recording of an alleged excessive force incident contradicts the nonmoving partys version of the incident to the extent that no reasonable jury could believe it a court should not adopt that version of the facts for purposes of ruling on a motion for summary judgment
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) This Agreement shall govern the terms and conditions of Executive’s employment with the Company, effective at the Closing (as defined in the Merger Agreement, and the date of the Closing, the “ Effective Date ”); provided that this Agreement shall automatically terminate and shall have no force or effect if (i) Executive’s employment terminates for any reason prior to the Effective Date or (ii) the Merger Agreement is terminated in accordance with its terms and the Closing does not occur. Effective as of and following the transition of Executive’s employment to the Employing Subsidiary, all references herein to the Company and Executive’s employment with the Company shall instead refer to the Employing Subsidiary and Executive’s employment with the Employing Subsidiary.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: John hereby acknowledges receipt by 180 of the Advances from the Company and hereby represents and warrants that the advances were utilized solely for bona fide 180 business expenses (including, without limitation, its development of the Youlab Global brand and for wages, travel, software development, inventory etc., related thereto).

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: The Receiving Party may disclose Confidential Information if required by a judicial or governmental request, requirement or order; provided that the Receiving Party will take reasonable steps to give the Disclosing Party sufficient prior notice of such request, requirement or order for the Disclosing Party to contest, limit or protect such disclosure.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company hereby employs the Executive, and the Executive hereby accepts such employment, for a term commencing as of the Effective Date and ending on December 31, 2020, with such arrangement to continue for successive one-year periods in accordance with the terms of this Agreement unless the Company or the Executive notifies the other of non-renewal in writing prior to three (3) months before the expiration of the initial term and each annual renewal, as applicable. (The period during which the Executive provides services hereunder being hereinafter referred to as the “Term.”) Notwithstanding the foregoing, the Executive’s employment may be terminated during the Term in accordance with Sections 4 and 5. In the event that such notice is provided by Executive or the Company, the Company may require in its sole discretion that Executive cease reporting to work and/or to cease performing duties, in whole or in part, during all or any portion of said notice period.

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 case excerpt and choose the best holding from the options. Case excerpt: from his home in response to shouted commands, Morgan could not have known that his vehicle was blocked or his home surrounded by officers. The same is true here. Because Young apparently did not hear Raifsnider’s knocking at the front door, he presumably did not know that police were present at the front and a the rear of his property or that his vehicle was blocked. 11 . “When he stood up, when I saw this man stand up, I saw there was a gun in a hoster on his right side. I yelled, told the officers that he had a gun.” Burton’s Resp. to Young's Interrog. 10. 12 . The Sixth Circuit has, under some circumstances, recognized the legitimacy of the knock and talk technique beyond the front door to inquiry at the back door. See Hardesty v. Hamburg Township, 461 F.3d 646, 654 (6th Cir.2006)(<HOLDING>); Thomas, 430 F.3d at 280 (offi cers knocking Options: A. holding that the warrantless entry was permissible where the officers knew the defendant was inside had been involved in a serious accident was bleeding and where they received no response after knocking on the front door for several minutes entered the residence B. holding that the defendant committed assault under section 70813 where he came into the apartment for about two seconds with a gun in his right hand held the gun straight down at his side said wrong door then closed the door and started knocking on the other apartments door C. holding that the protective sweep incident to the defendants arrest in front of his house on suspicion of murder was not justified because the evidence that an accomplice was involved in the murder did not equate to evidence that someone would be hiding out in the defendants house a month after the crime occurred and at the time of the arrest the officers were not chasing the defendant from a crime scene D. holding where knocking at the front door is unsuccessful in spite of indications that someone is in or around the house an officer may take reasonable steps to speak with the person being sought out even where such steps require an intrusion into the curtilage E. holding that a drug sniff outside the front door of the defendants residence was not a fourth amendment search because the defendant had no reasonable expectation of privacy at the entrance to property that is open to the public including the front porch

assistant: The best answer is D. holding where knocking at the front door is unsuccessful in spite of indications that someone is in or around the house an officer may take reasonable steps to speak with the person being sought out even where such steps require an intrusion into the curtilage
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: N.C. Gen. Stat. § 97-36 with N.C. Gen. Stat. § 97-2(2) (using “contract of hire”). As such, we do not interject our own view of the legislature’s intended meaning and instead apply existing precedent and the plain language of Section 97-36 to this question of first impression. See Correll v. Div. of Soc. Servs., 332 N.C. 141, 144, 418 S.E.2d 232, 235 (1992) (“The legislative purpose of a statute is first ascertained by examining the statute’s plain language.”). Further, while the Larson’s passage cites other state court decisions for the notion that a situs is not changed by contract modification, other jurisdictions have recognized explicitly that a contract modified within state borders confers jurisdiction. See, e.g., Kilburn v. Grande Corp., 287 F.2d 371, 373-74 (5th Cir. 1961) (<HOLDING>); Kuzel v. Aetna Ins. Co., 650 S.W.2d 193, Options: A. holding that additional consideration is a factor in determining whether there is an implied contract of employment B. holding that no reporters record was required in suit to recover damages for breach of employment contract because the claim for damages was liquidated and proved by the employment contract attached to the petition C. holding that louisiana had jurisdiction over a modified contract of employment where the original employment contract was formed in texas but additional consideration for employment was negotiated in louisiana D. holding maryland had jurisdiction where the original contract of hire was formed in texas but a later contract modification was agreed to in maryland E. holding that severance pay policy was part of employment contract

assistant: The best answer is C. holding that louisiana had jurisdiction over a modified contract of employment where the original employment contract was formed in texas but additional consideration for employment was negotiated in louisiana
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 provision of this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. Without limiting the foregoing provisions of this Section, if and to the extent that the enforceability of any provision of this Agreement relating to Defaulting Lenders shall be limited by Debtor Relief Laws, as determined in good faith by the Administrative Agent or any Issuing Lender, then such provision shall be deemed to be in effect only to the extent not so limited.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: curative instructions during the prosecutor’s closing argument. The law is clear that a party’s failure to object to improper prosecutorial comments will preclude appellate review, unless the comments are so prejudicial as to constitute fundamental error. See Street v. State, 636 So.2d 1297 (Fla.1994), cert, denied, -U.S. -, 115 S.Ct. 743, 130 L.Ed.2d 644 (1995); Fuller v. State, 540 So.2d 182, 184 (Fla. 5th DCA 1989). The control of prosecutorial comments to the jury is within the trial court’s discretion, and the exercise of that discretion will not be disturbed absent a clear showing of abuse. Absent a contemporaneous objection, Jones’ attorney was required to demonstrate that the prosecutor’s comments constituted fundamental error. See Crump v. State, 622 So.2d 963, 972 (Fla.1993) (<HOLDING>); Pacifico v. State, 642 So.2d 1178, 1182 (Fla. Options: A. recognizing exception to preservation rules for fundamental error that is highly prejudicial B. holding that lack of appellate jurisdiction is fundamental error C. holding that appellate review is precluded when the error is invited D. holding that since prosecutorial comments did not constitute fundamental error absence of preservation of issue by defense counsel precluded appellate review E. recognizing fundamental error as an exception to the general rule of preservation

assistant: The best answer is D. holding that since prosecutorial comments did not constitute fundamental error absence of preservation of issue by defense counsel precluded appellate review
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Upon the terms and subject to the conditions set forth herein, at the Closing, the Company hereby agrees to issue and sell to Purchaser, and Purchaser agrees to purchase from the Company, the Shares in exchange for $500 and Purchaser’s performance of its obligations under the Acquisition Agreement, including accepting the Purchased Assets and replacing the Company as the permittee and operator of the WTP.

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: The term “or” when used in this Agreement is not exclusive. The words “hereof,” “herein” and “hereunder” and words of similar import when used in this Agreement will refer to this Agreement as a whole and not to any particular provision of this Agreement, and section and subsection references are to this Agreement unless otherwise specified. The headings in this Agreement are included for convenience of reference only and will not limit or otherwise affect the meaning or interpretation of this Agreement. Whenever the words “include,” “includes” or “including” are used in this Agreement, they will be deemed to be followed by the words “without limitation.” The phrases “the date of this Agreement,” “the date hereof” and terms of similar import, unless the context otherwise requires, will be deemed to refer to the date set forth in the first paragraph of this Agreement. The meanings given to terms defined herein will be equally applicable to both the singular and plural forms of such terms. All matters to be agreed to by any party hereto must be agreed to in writing by such party unless otherwise indicated herein. Except as otherwise specified herein, references to agreements, policies, standards, guidelines or instruments, or to statutes or regulations, are to such agreements, policies, standards, guidelines or instruments, or statutes or regulations, as amended or supplemented from time to time (or to successors thereto). All references herein to the Subsidiaries of a Person shall be deemed to include all direct and indirect Subsidiaries of such Person, unless otherwise indicated or the context otherwise requires. The parties hereto agree that they have been represented by counsel during the negotiation and execution of this Agreement and the Certificate of Designation, therefore, waive the application of any Law, holding or rule of construction providing that ambiguities in an agreement or other document will be construed against the party drafting such agreement or document.

assistant: Interpretations