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: claim is a substantial one, which is to say that the prisoner must demonstrate that the claim has some merit — not that the prisoner will ultimately prevail on his claim. See Martinez, 132 S.Ct. at 1318-19 (citations omitted). Here, Abdur’Rahman met these requirements. 1. Petitioner alleges trial counsel was ineffective Abdur’Rahman argues that his trial counsel was ineffective in failing to address cumulative errors and correct the accomplice jury instruction. (See Pet’r State ment, R. 367, Page1D 520-23.) This is sufficient to meet the first prong of the Martinez/Trevino test. 2. Petitioner alleges post-conviction counsel was ineffective Martinez does not apply to claims of ineffective assistance of appellate counsel. See Atkins, 792 F.3d at 661 (<HOLDING>). However, as evidenced by the briefs in this Options: A. holding that review of counsel ineffectiveness claims should be deferred until collateral review B. holding that counsel cannot raise his or her own ineffectiveness C. holding that the appellate standard of review of ineffectiveness claim is de novo D. holding that ineffectiveness of postconviction counsel could establish cause to reopen judgment but ineffectiveness of postconviction appellate counsel could not E. holding that where trial counsel was not ineffective appellate counsel was not ineffective for failing to raise claim of ineffectiveness of trial counsel

assistant: The best answer is D. holding that ineffectiveness of postconviction counsel could establish cause to reopen judgment but ineffectiveness of postconviction appellate counsel could not
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: fraudulent under CPLR § 276. The Court evaluates each type of transfer in turn. Management Fees Regarding management fees, AFTC failed to establish — even under the preponderance standard — that the A & M companies’ payments to GFIM lacked fair consideration under CPLR §§ 273 or 273-a. As an initial matter, AFTC offered no evidence that the management fees were disproportional to the value of GFIM’s management services. Indeed, during an exchange with the Court, AFTC’s counsel expressly declined to contend that the management fees were disproportional. (Trial Tr. at 225:6-14). AFTC thus failed to prove that the management fee payments were not transferred for “fair equivalent” value. DCL § 272. Cf. In re White Metal Rolling & Stamping Corp., 222 B.R. 417, 430 (Bankr.S.D.N.Y.1998) (<HOLDING>). As AFTC emphasizes in its post-trial Options: A. holding that the plaintiffs breach of contract claim was properly a statutory claim under the personnel management act B. holding that management fees lacked fair consideration because the recipient never ren dered corresponding management services C. holding that the puc does not have the authority to regulate or control the management decisions of a utility absent a finding that the management decision would adversely affect the public D. holding that statements such as that the defendant had risk management processes that are highly disciplined and designed to preserve the integrity of its risk management process are too general to be actionable internal quotation omitted E. holding that attorney who simply provided legal services to corporation did not participate in operation or management of enterprise regardless of whether he performed those services well or poorly properly or improperly

assistant: The best answer is B. holding that management fees lacked fair consideration because the recipient never ren dered corresponding management services
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 rights, powers and remedies provided in this Agreement may be exercised only to the extent that the exercise thereof does not violate any applicable law, and are intended to be limited to the extent (but only to the extent) necessary so that they will not render this Agreement invalid or unenforceable. If any term, covenant, condition, or provision of this Agreement or the application thereof to any person or circumstances shall, to any extent, be invalid or unenforceable, the remaining terms, covenants, conditions and provisions of this Agreement, or the application of such term, covenant, condition or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term, covenant, condition and provision of this Agreement shall be modified and/or limited to the extent necessary to render the same valid and enforceable to the fullest extent permitted by law.

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: the district court therefore considered the matter de novo. The court adopted the report and recommendation in its entirety and entered judgment dismissing his action with prejudice. We review de novo a district court’s dismissal of a claim under Rule 12(b)(6). See Peterson v. Grisham, 594 F.3d 723, 727 (10th Cir.2010). The court’s function is “to assess whether the plaintiffs ... complaint alone is legally sufficient to state a claim for which relief may be granted.” Id. (quotation omitted). In doing so, we accept all well-pleaded allegations as true and construe them in the light most favorable to Mr. Hill. See id. And because Mr. Hill is proceeding pro se, we liberally construe both his complaint and his arguments on appeal. See Hall v. Bellmon, 935 F.2d 1106, 1110 (10th Cir.1991) (<HOLDING>); Cummings v. Evans, 161 F.3d 610, 613 (10th Options: A. holding that the allegations in a pro se complaint are held to less stringent standards than formal pleadings drafted by lawyers B. recognizing pro se litigants pleadings are held to a less stringent standard C. holding that pro se pleadings are held to less stringent standards than those drafted by lawyers D. holding that allegations of pro se complaint are held to less stringent standards than formal pleadings drafted by lawyers E. holding pro se litigants to less stringent standards than parties with the aid of counsel

assistant: The best answer is B. recognizing pro se litigants pleadings are held to a less stringent standard
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 expresses the entire understanding with respect to the subject matter hereof and supersedes and terminates any prior oral or written agreements with respect to the subject matter hereof. Any term of this Agreement may be amended and observance of any term of this Agreement may be waived only with the mutual written consent of the parties. Waiver of any term or condition of this Agreement by any party shall not be construed as a waiver of any subsequent breach or failure of the same term or condition or waiver of any other term or condition of this Agreement. The failure of any party at any time to require performance by any other party of any provision of this Agreement shall not affect the right of any such party to require future performance of such provision or any other provision of this Agreement. If any provision of this Agreement is found to be invalid, the parties agree that such invalidity shall not affect the validity of the remaining portions of this Agreement. This Agreement may be executed in separate counterparts each of which will be an original and all of which taken together will constitute one and the same agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: EACH PARTY ACKNOWLEDGES AND AGREES THAT ANY CONTROVERSY WHICH MAY ARISE UNDER THIS AGREEMENT IS LIKELY TO INVOLVE COMPLICATED AND DIFFICULT ISSUES AND, THEREFORE, EACH SUCH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LEGAL ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT. EACH PARTY TO THIS AGREEMENT CERTIFIES AND ACKNOWLEDGES THAT (A) NO REPRESENTATIVE OF ANY OTHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PARTY WOULD NOT SEEK TO ENFORCE THE FOREGOING WAIVER IN THE EVENT OF A LEGAL ACTION, (B) SUCH PARTY HAS CONSIDERED THE IMPLICATIONS OF THIS WAIVER, (C) SUCH PARTY MAKES THIS WAIVER VOLUNTARILY, AND (D) SUCH PARTY HAS BEEN INDUCED TO ENTER INTO THIS AGREEMENT BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION 14.

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 legal provision and list the applicable contract clause categories. Provision: Any notice required to be given hereunder to the Company shall be in writing. If by regular mail, any required notice shall be addressed to: CVS Health Corporation, Attention: Senior Director, Executive Compensation, One CVS Drive, Woonsocket, RI 02895. If by electronic mail, any notice required shall be sent to: equityadministration@cvshealth.com, with “Retirement Notice” in the subject line. Any notice required to be given hereunder to Participant shall be addressed to Participant at his or her address as shown on the records of the Company, subject to the right of either party hereafter to designate in writing to the other some other address.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: 234 (D.C.Cir.2007); United States v. Smith, 424 F.3d 992, 1000 (9th Cir.2005); United States v. Chipps, 410 F.3d 438, 447-48 (8th Cir.2005); United States v. Goodine, 400 F.3d 202, 207-08 (4th Cir.2005). 13 . Powell also makes a collateral estoppel claim related to his Double Jeopardy claim. Because this claim was found procedurally barred during state habeas proceedings, it will be discussed with his other defaulted claims, infra Part VIII.A. 14 . ''J.A.” refers to the Joint Appendix of Powell’s direct appeal of his second conviction. "H.A.,” cited elsewhere in this Memorandum Opinion, refers to the Appendix submitted with Powell’s petition for state habeas corpus relief. 15 . Va.Code § 8.01-358 (emphasis added); see LeVasseur v. Commonwealth, 225 Va. 564, 304 S.E.2d 644, 653 (1983) (<HOLDING>). 16 .See also Thomas v. Davis, 192 F.3d 445, Options: A. holding that if a voir dire question would necessarily disclose or clearly lead to the disclosure of the statutory factors of relationship interest opinion or prejudice it must be permitted B. holding questions meant to expose jurors bias and tendencies permitted during voir dire C. holding that defendants have a right to be present at voir dire D. holding that the defendant must renew a motion for a change of venue after voir dire to preserve the issue for appeal E. holding that the jurors failure to remember particular facts inquired about on voir dire and the jurors misunderstanding of voir dire questions do not constitute probable prejudice

assistant: The best answer is A. holding that if a voir dire question would necessarily disclose or clearly lead to the disclosure of the statutory factors of relationship interest opinion or prejudice it must be permitted
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: Neither this Agreement nor any other document, certificate or statement furnished to the Agent or any Lender by or on behalf of the Borrowers in connection herewith, when taken together with all other written information furnished, contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained herein and therein, in light of the circumstances under which they were made, not misleading; provided that with respect to projections and other pro forma financial information included in such information, each Borrower only represents that such information was based upon good faith estimates and assumptions believed by the preparer thereof to be reasonable at the time made, it being recognized by the Agent and the Lenders that such financial information as it relates to future events is not to be viewed as a fact and that actual results during the period or periods covered by such financial information may differ from the projected results set forth therein by a material amount.

assistant: Disclosures
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 represent that you are entitled to disclose your third party account login information to academia.edu and/or to grant academia.edu access to your third party account ( including , but not limited to , for use for the purposes described herein ) , without breach by you of any of the terms and conditions that govern your use of the applicable third party account and without obligating academia.edu to pay any fees or making academia.edu subject to any usage limitations imposed by such third party service providers .

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: All financial statements relating to Borrower, any Subsidiary or any Affiliate that have been delivered by Borrower to Collateral Agent or Lender present fairly in all material respects Borrower’s Consolidated financial condition as of the date thereof and Borrower’s Consolidated results of operations for the period then ended.

assistant: Financial Statements
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: was not considered improper for a judge to testify in the same proceeding over which he was presiding. A judge presiding over a trial could testify as a witness in the case so long as he was sworn like any other witness. See Howell v. State, 146 Tex.Crim. 454, 455, 176 S.W.2d 186, 187 (Tex.Crim.App.1943). The current rules of evidence expressly forbid this practice. Rule 605 provides: The judge presiding at the trial may not testify in that trial as a witness. No objection need be made in order to preserve the point. Tex.R. Evid. 605. Whether Rule 605 is applicable at a motion for new trial hearing is not clear. The rule seems, on its face, to have no application outside of a “trial.” See Orion Enterprises, Inc. v. Pope, 927 S.W.2d 654, 660 (Tex.App.-San Antonio 1996, orig. proceeding) (<HOLDING>). The Court of Criminal Appeals has on two Options: A. holding that venue in the district identified in 9 was mandatory B. holding the rule was not applicable in a pretrial venue hearing C. holding a pretrial hearing on the waiver of counsel conducted three weeks before trial was the start of the trial stage where there were no changes between the pretrial hearing and the trial D. holding rule applicable to witness E. recognizing that special venue statutes are supplemented by the 28 usc 1391 venue provisions applicable to all civil cases

assistant: The best answer is B. holding the rule was not applicable in a pretrial venue hearing
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 and any documents pursuant hereto may be separately executed by the Parties in two (2) or more counterparts and all such counterparts shall be deemed an original, but all of which together shall constitute one and the same instrument and will be binding on the Parties as if they had originally signed one copy of the 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 legal provision and list the applicable contract clause categories. Provision: (a) each Seller has full power and authority to execute and deliver this Agreement and all other documents to be executed and delivered by such Seller pursuant to this Agreement (the “ Sellers’ Documents ”), and to perform all obligations required of it under this Agreement and each of the Sellers’ Documents; (b) the execution and delivery by each Seller of this Agreement and, when executed and delivered, each of the Sellers’ Documents, and the performance by each Seller of its obligations under this Agreement and, when executed and delivered, each of the Sellers’ Documents, have been, or will have been, duly and validly authorized by all necessary action by such Seller; and (c) this Agreement and, when executed and delivered, the Sellers’ Documents constitute, or will constitute, legal, valid, and binding obligations of each Seller enforceable against such Seller in accordance with its and their terms.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All material tax returns, reports and statements, including information returns, required by any Governmental Authority to be filed by any Borrower and its Subsidiaries have been filed with the appropriate Governmental Authority (and all such returns, reports and statements accurately reflect in all material respects all liabilities of such Persons for the periods covered thereby) and all taxes required to have been paid by any Borrower and its Subsidiaries have been paid prior to the date on which any fine, penalty, interest or late charge may be added thereto for nonpayment thereof (or any such fine, penalty, interest, late charge or loss has been paid), excluding taxes or other amounts that are (i) subject to a Permitted Protest or (ii) in the aggregate would not reasonably be expected to result in a Material Adverse Change. As of the Closing Date and except as set forth on Schedule 4.21 , there is no action, suit, proceeding, investigation, audit or claim now pending or threatened in writing by any Governmental Authority regarding any taxes relating to any such Person, which, either individually or in the aggregate, would reasonably be expected to cause a Material Adverse Change.

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 businesses of each of the Company and the Subsidiaries have not been, and are not being, conducted in violation of any Laws, except for violations that, individually or in the aggregate, would not reasonably be expected to be material. Except with respect to routine examinations of patent, trademark and copyright applications filed or to be filed with U.S. and non-U.S. patent offices, no investigation or review by any Governmental Entity with respect to the Company or any of the Subsidiaries is pending or, to the knowledge of the Company, threatened, nor has any Governmental Entity indicated an intention to conduct the same . To the knowledge of the Company, no material change is required in the Company’s or any of the Subsidiaries’ processes, properties or procedures in connection with any such Laws, and the Company has not received any notice or communication of any material noncompliance with any such Laws that has not been cured as of the date hereof.

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: This Second Amendment may be executed in counterparts. Each counterpart shall be deemed an original, and all counterparts shall be deemed the same instrument with the same effect as if all parties hereto had signed the same signature page.

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: The Buyer is a Delaware limited liability company duly incorporated, validly existing and in good standing under the applicable Laws of Delaware and has all requisite corporate power and authority to carry on its business as it is now being conducted in all material respects. The Buyer is duly licensed or qualified and (where applicable) in good standing as a foreign corporation in each jurisdiction in which the ownership of its property or the character of its activities is such as to require it to be so licensed or qualified, except where the failure to be so licensed or qualified would not reasonably be expected to have a material adverse effect on the Buyer’s ability to timely complete the transactions contemplated herein.

assistant: Existence
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 Creditor other than Administrative Agent shall bear (and promptly reimburse Administrative Agent for) its respective Ratable share of any reasonable expenses (including reasonable fees and charges of counsel, accountants, experts and advisors) incurred by Administrative Agent in taking action on behalf of Lender Parties and Secured Swap Counterparties in connection with its investigation, evaluation or enforcement of any Rights under the Security Instruments or the performance of its duties under this Agreement, but only to the extent Administrative Agent does not receive reimbursement for such expenses from Credit Parties or from Proceeds from Enforcement within 30 days after such expenses are invoiced; provided, that, to the extent any Creditor reimburses Administrative Agent for such expenses, such Creditor will be entitled to receive its Ratable share of any reimbursement subsequently received by Administrative Agent from Credit Parties or from Proceeds from Enforcement. The expense and indemnity provisions of Sections 9.1 and 9.2 of the Credit Agreement shall be incorporated herein as is specifically set forth herein, mutatis mutandis .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Subsidiary Guarantee represents the entire agreement of each Subsidiary Guarantor with respect to the subject matter hereof and there are no promises or representations by the Administrative Agent, the Issuing Lender or any Lender relative to the subject matter hereof not reflected herein.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: By the issuance of a Letter of Credit (or an amendment to a Letter of Credit increasing the amount thereof) and without any further action on the part of the relevant Issuing Bank or the Lenders, the relevant Issuing Bank hereby grants to each Lender, and each Lender hereby acquires from the relevant Issuing Bank, a participation in such Letter of Credit equal to such Lender’s Applicable Percentage of the aggregate amount available to be drawn under such Letter of Credit. In consideration and in furtherance of the foregoing, each Lender hereby absolutely and unconditionally agrees to pay to the Administrative Agent, for the account of the relevant Issuing Bank, such Lender’s Applicable Percentage of each LC Disbursement made by such Issuing Bank and not reimbursed by the Borrower on the date due as provided in paragraph (e) of this Section, or of any reimbursement payment required to be refunded to the Borrower for any reason. Each Lender acknowledges and agrees that its obligation to acquire participations pursuant to this paragraph in respect of Letters of Credit is absolute and unconditional and shall not be affected by any circumstance whatsoever, including any amendment, renewal or extension of any Letter of Credit or the occurrence and continuance of a Default or reduction or termination of the Commitments, and that each such payment shall be made without any offset, abatement, withholding or reduction whatsoever.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: in the district court, we may in our discretion afford him some latitude because he was then incarcerated and proceeding pro se. See, e.g., Raineri v. United States, 233 F.3d 96, 97 (1st Cir.2000); Prou v. United States, 199 F.3d 37, 42 (1st Cir.1999). Because the outcome is clear, we elect to address the merits of this argument. Our analysis begins and ends with the language of the AEDPA’s tolling provision. By its terms, that provision applies to state post-conviction filings directed to “the pertinent judgment or claim.” 28 U.S.C. § 2244(d)(2). In a typical habeas case, then, the tolling provision applies only to those state post-conviction filings that seek reexamination of the relevant state-court conviction or sentence. See Rodríguez v. Spencer, 412 F.3d 29, 37 (1st Cir.2005) (<HOLDING>); Voravongsa v. Wall, 349 F.3d 1, 6-7 (1st Options: A. holding that federal habeas relief is not available to correct errors of state law B. holding that errors in state law cannot support federal habeas relief C. holding that the filing of a motion for reconsideration does not toll the period for seeking judicial review of the underlying order D. holding for the same reason that motion for appointment of counsel does not toll the period for filing a federal habeas petition E. holding that motion addressed to state appellate courts supervisory powers did not toll the period for seeking federal habeas relief because under state law that motion could not affect the judgment of conviction

assistant: The best answer is E. holding that motion addressed to state appellate courts supervisory powers did not toll the period for seeking federal habeas relief because under state law that motion could not affect the judgment of conviction
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: are minimal is not arbitrary and capricious. 2. Reliance on NMFS’s BiOp NEDC contends that the Corps’ reliance on NMF S’s BiOp caused its cumulative impacts analysis to be arbitrary and capricious and that the Corps’ EA falls short of the “quantified or detailed information” that is necessary for a cumulative impact analysis. Bark v. U.S. Bureau of Land Mgmt., 643 F.Supp.2d 1214, 1224 (D.Or.2009) (citations omitted). First, NEDC argues that the BiOp itself is flawed. As I have already determined that the BiOp was proper under Claims 1, 2, 3, 4, and 6, this argument needs no further analysis. Second, NEDC contends that the BiOp is not a NEPA document, therefore the Corps may not tier to it as a substitute for the Corps’ own analysis. See League of Wilderness Defenders, 549 F.3d at 1219 (<HOLDING>) (citations omitted). It was proper for the Options: A. holding that nsf must comply with procedural requirements of nepa when considering incineration of food waste in antarctica because 1 the presumption against extraterritoriality does not apply because nepa is designed to regulate conduct occurring within the territory of the united states 2 the united states exercises legislative control over antarctica 3 any concerns about nepa interference with foreign policy were overstated because when foreign policy interests outweighed benefits of nepa compliance nepas requirements must yield and 4 broad language of the statute supports broad application of nepa requirements B. holding an agency need not demonstrate that all responsive documents were found and that no other relevant documents could possibly exist C. recognizing that nepa merely prohibits uninformed rather than unwise agency action D. holding that an agency carries its burden of proof by providing affidavits to explain why documents are subject to an exemption E. holding that an agency may only tier to documents subject to nepa review and citing cases

assistant: The best answer is E. holding that an agency may only tier to documents subject to nepa review and citing cases
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: accept as true that its water rights are rendered sufficiently without value as to satisfy the second prong of M & J Coal, 47 F.3d at 1153-54 (Fed.Cir.1995) (setting forth the nature of the loss that is necessary to constitute a taking), its claim fails because, under the first prong, grazing is not a stick in the bundle of rights that it has ever acquired, id. at 1154 (citing Lucas, 505 U.S. at 1027, 112 S.Ct. 2886). Colvin’s related claim for a taking of its ranch also fails. That the ranch may have lost value by virtue of losing the grazing lease is of no moment because such loss in value has not occurred by virtue of governmental restrictions on a constitutionally cognizable property interest. See also United States v. Fuller, 409 U.S. 488, 493, 93 S.Ct. 801, 35 L.Ed.2d 16 (1973) (<HOLDING>). Next, Colvin’s argument that the government’s Options: A. holding that the fifth amendment did not apply to tribal government B. holding that the fifth amendment does not require the government to pay for that element of value based on the use of respondents fee lands in combination with the governments permit lands C. holding that multifaceted approach to amending provisions in article 10 regarding state trust lands did not violate separate amendment rule D. holding the same with respect to violations of the fifth amendment E. holding that whether the public invitee may have some commercial purpose in mind was irrelevant to recreational immunity instead by opening up the lands for recreational use without a fee the landowner brought itself under the protection of the immunity statute

assistant: The best answer is B. holding that the fifth amendment does not require the government to pay for that element of value based on the use of respondents fee lands in combination with the governments permit lands
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: Wage and Hour Administrator. As discussed above, however, when assessing the deference to give an opinion letter, a court must look to Skidmore in evaluating the agency’s position. See Christensen, 529 U.S. at 587, 120 S.Ct. 1655. Because it provides no other rationale for its conclusion, Torreblanca is not persuasive. Marshall v. Glassboro Service Ass’n and Brock v. Glassboro Service Ass’n are opinions arising from the same litigation but at different times. See Marshall v. Glassboro Serv. Ass’n, 1979 WL 1989, *2-*3 (D.N.J. Oct.19, 1979) (finding that the transportation costs do not constitute other facilities); Brock v. Glassboro Serv. Ass’n, No. 78-0377, 1987 WL 25334, at *5-*6 (D.N.J. July 23, 1987), aff'd sub. nom. McLaughlin v. Glassboro Serv. Ass’n, 841 F.2d 1119 (3d Cir.1988) (<HOLDING>). The facts and analyses in these cases are Options: A. holding that a challenge to part b determinations in an order involving both part a and part b must begin in district court B. holding that risk is measured at the point when the attorneys time was committed to the case C. holding that care of the grounds was part of the business of the hospital D. recognizing the same point E. holding that the cost of transportation from the point of recruitment to the point of hire puerto rico to new jersey was part of the employers recruitment cost and thus could not be considered part of the employees wage

assistant: The best answer is E. holding that the cost of transportation from the point of recruitment to the point of hire puerto rico to new jersey was part of the employers recruitment cost and thus could not be considered part of the employees wage
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: No consent, approval, authorization or order of, or filing, registration or qualification with any Governmental Authority is required for the consummation of the transactions contemplated by this Agreement, except for (i) such as have been, or prior to the Closing Date, will be, obtained or made, (ii) such consents, approvals, authorizations, orders, filings, registrations or qualifications as may be required under state securities or Blue Sky laws in connection with the purchase and distribution of Purchased Shares, each of which has been obtained and is in full force and effect and (iii) for such consents that, if not obtained, have not or would not, in the aggregate reasonably be expected to have a Material Adverse Effect.

assistant: Approvals
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: Mr. Baptiste attempted to impeach Detective Sanchez's explanation by asking whether he had selected ten kilograms in order to increase his sentence. The District Court barred the line of questioning, ruling that sentencing was not an issue for the jury to consider. Mr. Baptiste correctly argues that even if the sentence that he was facing was not generally admissible as evidence at trial, the line of questioning could have impeached Sanchez’s proffered reason for selecting ten kilograms of cocaine. See Ellis v. Capps, 500 F.2d 225, 227 (5th Cir.1974) (“Facts wholly immaterial, or prejudicial to one of the parties on the main issue, may be material as affecting the credibility of a witness.”); see also Bonner v. City of Prichard, Ala., 661 F.2d 1206, 1209 (11th Cir.1981) (<HOLDING>). Nonetheless, even if this ruling rose to the Options: A. holding as binding decisions rendered by the former fifth circuit prior to the close of business on september 30 1981 B. holding that all fifth circuit cases decided before the close of business on september 30 1981 are binding on the eleventh circuit C. holding that the expanded definition of aggravated felony applies retroactively in actions taken on or after september 30 1996 D. holding that all decisions of the old fifth circuit handed down prior to the close of business on september 30 1981 are binding precedent in the eleventh circuit E. holding that decisions by prior panels are binding

assistant: The best answer is A. holding as binding decisions rendered by the former fifth circuit prior to the close of business on september 30 1981
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 represents to 9gag , inc that subscriber is the authorized account holder or an authorized user of the chosen method of payment used to pay for the paid aspects of the 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: For the services to be performed hereunder during the Period of Employment, Tyson shall pay you at a base salary of $356,745.00 , which may be adjusted by Tyson from time to time within the range paid to other employees in your Band. Such base salary shall be paid in accordance with Tyson's payroll practice.

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: The provisions of this Article 10 are expressly made for the benefit of the holders from time to time of the Senior Obligations, and may not be amended or modified without the written consent of the representatives of the holders of all Senior Obligations.

assistant: Amendments
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: Borrower shall have taken all appropriate corporate action to authorize, and its directors, if and as required by Borrower’s Organizational Documents, shall have adopted resolutions authorizing the execution, delivery and performance of this Amendment and the taking of all other action contemplated by this Amendment, and Lender shall have been furnished with copies of all such corporate action, certified by an authorized officer of Borrower as being true and correct and in full force and effect without amendment on the First Amendment Date, and such other corporate documents as Lender may request.

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: The Company shall be entitled to withhold from amounts payable or benefits accorded to Executive under this Agreement all federal, state and local income, employment and other taxes, as and in such amounts as may be required by applicable law.

assistant: Withholdings
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 of the parties hereto represents and warrants, as to itself, that it has duly authorized, executed and delivered this Agreement and that this Agreement is the legal, valid and binding obligation of such party, enforceable against such party in accordance with its terms, except to the extent that enforceability may be limited by applicable bankruptcy, insolvency, moratorium, reorganization or other similar laws affecting the enforcement of creditor’s rights and subject to general equitable principles.

assistant: Representations
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: a costly and burdensome environmental analysis that might take many years. This is especially true given that it took the EPA approximately 11 years before it finally issued its 632 page study, which, in many respects, touches upon many matters a NEPA environmental impact study would examine. In addition, if the Court found that NEPA was applicable and it compelled the EPA to conduct an additional notice and commentary period based on its requirements the same concerns of delay which Congress sought to avoid when it enacted section 9613(h) would be implicated. This is not to say that Plaintiffs’ arguments regarding NEPA’s notice and commentary requirements or the EPA’s need to conduct a NEPA environmental impact statement before vtl. Prot. Agency, 681 F.Supp. 1244, 1252 (E.D.Mich.1988) (<HOLDING>). The rationale behind these opinions rests on Options: A. holding that district courts are without jurisdiction to review preenforcement orders issued under the clean water act B. holding that section 9613h bars judicial review over constitutional challenges to cercla C. holding that case law from other circuits squarely precluded jurisdiction over preenforcement ruling under the clean air act D. holding that section 9613h precluded preenforcement judicial review of plaintiffs constitutional challenge cercla E. holding where challenge was waived that appellate review is precluded

assistant: The best answer is D. holding that section 9613h precluded preenforcement judicial review of plaintiffs constitutional challenge cercla
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. 368 78 S.Ct. 363 2 L.Ed.2d 352 Jeremiah REEVES, Jr., petitioner,v.STATE OF ALABAMA. No. 66. Supreme Court of the United States January 13, 1958 Messrs. Peter A. Hall and Orzell Billingsley, Jr., for petitioner. Messrs. William F. Thetford and Robert B. Stewart (Messrs. John Patterson, Atty. Gen. of Alabama and Bernard F. Sykes, Asst. Atty. Gen., on the brief), for respondent. On writ of certiorari to the Supreme Court of Alabama. PER CURIAM. 1 The writ of certiorari is dismissed as improvidently granted. 2 Mr. Justice DOUGLAS dissents.

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 case excerpt and choose the best holding from the options. Case excerpt: of custody on the basis of a lack of jurisdiction. Affirmed. 1 See <http://www.law.uperm.edu/bU/ulc/uccjea/flnalI997act.htin>. 2 Id. 3 The concerns and issues expressed by the nccusl regarding the creation and need for the uccjea were raised before the Michigan Legislature. House Legislative Analysis, HB 4855, October 31, 2001. With the adoption of the uccjea, the uccja was repealed. 4 Plaintiff does not challenge whether the Ontario order is in substantial conformity with the jurisdictional provisions of the uccjea, MCL 722.1105(2), or Canada’s principles regarding human rights. MCL 722.1105(3). 5 Plaintiff does not allege that the emergency jurisdiction exception to modification is invoked in this case. See MCL 722.1204. 6 See also Rector v Kimes, 60 P3d 1068, 1070 (Okla App 2002) (<HOLDING>). 7 See Options: A. holding that when district court has continuing and exclusive jurisdiction over sapcr matter judge of another district court in same county may rule in matter so long as record is clear that judge is acting on behalf of court with continuing and exclusive jurisdiction B. holding that there was no question that the full and fair opportunity element was met where there was no indication that such an opportunity was unavailable C. holding that an initial custody evaluation or homestate residency was irrelevant when there was no indication that the decreeing court concluded whether it maintained exclusive continuing jurisdiction or remained a convenient forum D. holding that the question is not whether the party opposing abstention can demonstrate that the federal forum is a better or more convenient forum but whether the inconvenience of the federal forum is so great that this factor points towards abstention E. holding that the failure to attach a custody order was not reversible error because there was no showing of prejudice where there was no indication that the respondent was unaware of the placement or custody of the children at any time the motion to terminate stated that dss was given legal custody of the minor children and the record included a copy of an order in effect when the motion was filed that awarded dss custody of the children

assistant: The best answer is C. holding that an initial custody evaluation or homestate residency was irrelevant when there was no indication that the decreeing court concluded whether it maintained exclusive continuing jurisdiction or remained a convenient 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 AGREEMENT AND THE OTHER LOAN DOCUMENTS, UNLESS OTHERWISE SPECIFIED, SHALL BE GOVERNED BY THE LAWS OF THE STATE OF NEW YORK, WITHOUT GIVING EFFECT TO ANY CONFLICT OF LAW PRINCIPLES (BUT GIVING EFFECT TO SECTION 5-1401 OF THE NEW YORK GENERAL OBLIGATION LAW AND FEDERAL LAWS RELATING TO NATIONAL BANKS) .

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: if your primary account payment method is determined to be expired , invalid or otherwise not able to be charged , you agree that uber may , as the third party provider 's limited payment collection agent , use a secondary payment method in your account , if available .

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: You will be reimbursed for your actual, necessary and reasonable business expenses pursuant to Company policy, subject to the provisions of Exhibit A , Section 3. You will be promptly reimbursed for the reasonable legal fees incurred by you in connection with this agreement up to a maximum of $5,000.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: If you die while employed by the Company, the Company will continue to pay an amount equal to your then current Base Salary to your beneficiary designated in writing to the Company prior to your death (or to your estate, if you fail to make such designation) for six months after your death, with such payments to be made on the same periodic dates as salary payments would have been made to you had you not died. If a timely election for COBRA coverage is made, for twelve (12) months following your death your qualified dependents will receive benefits under the Company’s group health and dental plans at the same rates as immediately prior to your death, and the Company will continue to pay its portion of such health and dental premiums.

assistant: Death