flwrlabs/fed-legal huggingface dataset:
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Parties shall conduct business in a lawful manner and in compliance with all applicable federal, state, and local laws, rules, regulations and orders. This Agreement shall be governed by and construed in accordance with the laws of Texas, excluding any choice of law provisions that would otherwise require application of laws of any other jurisdiction. In the event it becomes necessary for either Party to enforce its rights under this Agreement, then with or without litigation, the prevailing Party shall be entitled to recover all reasonable expenses, including attorney fees and costs, arising out of the enforcement of its rights.

assistant: Applicable 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: Upon the occurrence of a Change in Control (as hereinafter defined), the Employee shall have the right to terminate this Agreement within 30 days of the occurrence of such Change in Control. Upon the termination of this Agreement by the Employee due to the occurrence of a Change in Control, the Employee shall be entitled to receive three (3) months Base Salary or $60,000.00 in one lump sum within five (5) days of the effective date of such termination, subject to withholding for applicable taxes and other amounts and all granted but unvested stock options held by the Employee shall immediately vest. For purposes of this Agreement, a “Change in Control” of the Company shall be deemed to have occurred in the event that: (i) individuals who, as of the date hereof, constitute the Board cease for any reason to constitute at least a majority of the Board; provided , however , that any individual becoming a director subsequent to the date hereof whose election, or nomination for election by the Company’s stockholders, was approved by a vote of at least a majority of the directors then comprising the Board shall be considered as though such individual was a member of the Board as of the date hereof; (ii) the Company shall have been sold by either (A) a sale of all or substantially all its assets, or (B) a merger or consolidation, other than any merger or consolidation pursuant to which the Company acquires another entity, or (C) a tender offer, whether solicited or unsolicited; or (iii) any party, other than the Company, is or becomes the “beneficial owner” (as defined in Rule 13d-3 under the Securities Exchange Act of 1934, as amended), directly or indirectly, of voting securities of the Company representing 50% or more of the total voting power of all the then- outstanding voting securities of the Company.

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: Authorize the Administrative Agent to prepare and file such financing statements (including renewal statements), amendments and supplements or such other instruments as the Administrative Agent may from time to time reasonably deem necessary in order to perfect and maintain the security interests granted hereunder in accordance with the UCC.

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: (a) Except as otherwise specified herein or if the context may otherwise require, capitalized terms not defined in this Agreement shall have the respective meanings assigned such terms set forth in Appendix A to the Sale and Servicing Agreement, dated as of the date hereof (the “ Sale and Servicing Agreement ”), by and among the Depositor, as seller, AHFC, as servicer, RPA seller and sponsor, and Honda Auto Receivables 2018-2 Owner Trust, as issuer.

assistant: Definitions
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 security interest granted hereunder shall terminate when all the Obligations have been fully, finally and indefeasibly paid and performed and the Facility has been terminated. Thereupon, the Notes Collateral Agent will, subject to the terms of the Intercreditor Agreement, return to the Pledgors the Pledged Securities and execute and deliver, at each Pledgor’s expense, UCC termination statements reasonably requested from time to time by such Pledgor evidencing the release of the security interest hereunder, all without recourse to or warranty by the Notes Collateral Agent.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: criminal activity on the suspect’s part.” United States v. Sawyer, 224 F.3d 675, 679 (7th Cir.2000). Investigators had observed Wilson meet a heavy-set black male immediately before and after selling crack to the undercover detective on July 17, and after Wilson’s arrest on July 24 he received unsolicited calls demanding to know where he was and why he was delayed. In the officers’ presence Wilson agreed to meet the caller at the restaurant, and it was Black — who fit the description of the man driving the Lumina on July 17 — who showed up at the restaurant. In light of Wilson’s identification of Black as his supplier and the investigators’ own observations corroborating Wilson’s statement, probable cause was established. See United States v. Funches, 327 F.3d 582, 586 (7th Cir.2003) (<HOLDING>); United States v. Hayes, 236 F.3d 891, 894 Options: A. holding that probable cause existed to arrest for trespassing under state law B. holding testimony of officer and narcotics investigator who both witnessed drug transaction coupled with audio recording of transaction constituted sufficient corroboration C. holding that probable cause existed when trained narcotics officers observed what they believed to be a drug transaction D. holding that probable cause existed to arrest for a seatbelt violation under state law E. holding that if the application for a warrant contains probable cause apart from the improper information then the warrant is lawful and the independent source doctrine applies providing that the officers were not prompted to obtain the warrant by what they observed during the initial entry

assistant: The best answer is C. holding that probable cause existed when trained narcotics officers observed what they believed to be a drug transaction
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: Wherever possible, each provision of this Agreement and every other Loan Document shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement or any other Loan Document shall be prohibited by or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement or any other Loan Document, as applicable.

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: United States v. United States Gypsum, 333 U.S. 364, 395, 68 S.Ct. 525, 542, 92 L.Ed. 746 (1948). It is with this standard in mind that we review Ms. Bobkoski’s objections. B. The Deliberative Process Privilege The Federal Rules of Civil Procedure govern discovery disputes in civil actions brought in federal court. Rule 26(b)(1) states that “parties may obtain discovery regarding any matter, not privileged, which is relevant.” Fed.R.Civ.P. 26(b)(1). Federal Rule of Evidence 501 provides that federal common law governs any privilege question in this case. See Fed. R.Evid. 501. We are also free, however, to consider state law to determine whether a state privilege should be recognized as a matter of federal law. See Memorial Hospital v. Shadur, 664 F.2d 1058, 1061 (7th Cir.1981) (<HOLDING>). Accordingly, when a “state holds out the Options: A. holding that a strong policy of comity between state and federal sovereignties impels federal courts to recognize state privileges where this can be accomplished at no substantial cost to federal substantive and procedural policy B. holding that federal courts should apply state substantive law C. holding that federal courts presiding over causes of action created by state law should apply state substantive law but federal procedural law D. holding that in diversity cases federal courts are to apply state substantive law and federal procedural law E. holding that a federal court may resort to state law analogies for the development of a federal common law of privileges in instances where the federal rule is unsettled

assistant: The best answer is A. holding that a strong policy of comity between state and federal sovereignties impels federal courts to recognize state privileges where this can be accomplished at no substantial cost to federal substantive and procedural policy
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The execution, delivery and performance by the Borrower and the Guarantors of this Amendment and any other agreements contemplated hereby and the transactions contemplated hereby and thereby do not require the approval or consent of, or filing or registration with, or the giving of any notice to, any court, department, board, governmental agency or authority other than those already obtained.

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 legal provision and list the applicable contract clause categories. Provision: Unless sooner terminated as provided in this Agreement, the term of this Agreement (the “ Term ”) shall consist of three (3) years commencing on the Effective Date of this Agreement and terminating on the third Anniversary of the Effective Date at which time the terms of this Agreement shall expire and shall not apply to any continued employment of Employee by Employer, except for those obligations under Sections 9, 10, 11 and 21. Following the Term, unless the parties enter into a new written contract of employment, (a) any continued employment of Employee shall be at-will, (b) any or all of the other terms and conditions of Employee’s employment may be changed by Employer at its discretion, with or without notice, and (c) the employment relationship may be terminated at any time by either party, with or without cause or notice.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed in any number of counterparts, and by the different parties hereto in separate counterparts, each of which when executed shall be deemed to be an original, but all of which together shall constitute one and the same 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 case excerpt and choose the best holding from the options. Case excerpt: agreement, complications will arise. But as long as courts attend t Class Members" to include the members of all three subclasses. 25 . See In re Cendant Corp. Prides Litig., 233 F.3d 188, 194 (3d Cir.2000) ("In a class action settlement, a court retains special responsibility to see' to the administration of justice.”). 26 . Mirfasihi v. Fleet Mortg. Corp., 356 F.3d 781, 784 (7th Cir.2004). 27 . The members of Subclass C suffered economic injury: damage to and loss of the value of property. These liquidated claims were fully compensated under the terms of settlement. Accordingly, none contends that the claimants in Subclass C have a persuasive equitable claim to the unused medical-moni toning funds. See supra note 16 and accompanying text. 28 . E.g., Masters, 473 F.3d at 436 (<HOLDING>). 29 . Thus, this is not a case where it was Options: A. holding that it is an abuse of discretion for a district court to order a cy pres distribution when any party to or participant in a class action including the defendant and class counsel has a valid equitable interest in the unclaimed settlement funds B. holding that the district court abused its discretion by ordering a cy pres distribution where neither side contended that each class members recovery would be so small as to make an individual distribution economically impracticable C. holding that joinder is impracticable where the class consisted of at least fifty members D. holding that the district court abused its discretion by decertifying the class without permitting class counsel reasonable time to determine whether a new class representative could be substituted E. holding that class action was superior to individual suits where class members had relatively small interests and might not have the wherewithal to bring suit to protect their individual rights

assistant: The best answer is B. holding that the district court abused its discretion by ordering a cy pres distribution where neither side contended that each class members recovery would be so small as to make an individual distribution economically impracticable
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: would start. The district court concluded in relevant part that a mistake in filing dates made by Petitioner’s attorney did not create an extraordinary circumstance that would warrant equitable tolling. Because the district court dismissed the petit e statutory provision regarding the limitation period, with nothing more, does not rise to the level of misconduct that would justify equitable tolling. See Lawrence v. Florida, 549 U.S. 327, 336-37, 127 S.Ct. 1079, 166 L.Ed.2d 924 (2007) (“Lawrence argues that his counsel’s mistake in miscalculating the limitations period entitles him to equitable tolling. If credited, this argument would essentially equitably toll limitations periods for every person whose attorney missed a deadline.”); Rouse v. Lee, 339 F.3d 238, 248-49 (4th Cir.2003) (<HOLDING>). Petitioner devotes much of his brief to Options: A. holding that where a third partys conduct is closely related to the contractual relationship or the contractual dispute and where the third party enjoys financial benefit from the contract the forum selection clause applies to the third party B. recognizing limitations existence in other circuits C. holding that a mistake by a partys counsel in interpreting a statute of limitations does not present the extraordinary circumstance beyond the partys control where equity should step in to give the party the benefit of his erroneous understanding and noting a majority of other circuits agree citing cases from the second third fifth seventh eighth ninth eleventh and federal circuits D. holding that when our circuits law is unsettled and other federal circuits have reached divergent conclusions the claimed error could not be clear or obvious under the second prong of the plain error test E. recognizingthat the fifth and seventh circuits have adopted the application approach whereas the tenth and eleventh circuits have adopted the registration approach

assistant: The best answer is C. holding that a mistake by a partys counsel in interpreting a statute of limitations does not present the extraordinary circumstance beyond the partys control where equity should step in to give the party the benefit of his erroneous understanding and noting a majority of other circuits agree citing cases from the second third fifth seventh eighth ninth eleventh and federal circuits
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: placed most of the blame for the murders on Huerstel. As discussed earlier, admission of such a statement directly implicates the Confrontation Clause. Consequently, neither of the State’s arguments for avoiding the application of the Confrontation Clause is convincing. ¶ 41 Because Prasertphong’s hearsay statement to the police blaming Huerstel for the murders neither fell within a firmly rooted hearsay exception nor bore sufficient indicia of reliability, its admission violated Huerstel’s Confrontation Clause rights. 2. ¶42 At retrial, if the State again seeks to admit Prasertphong’s statement to the police, the trial court may admit the statement only for the limited purpose of impeachment. See, e.g., Tennessee v. Street, 471 U.S. 409, 414, 417, 105 S.Ct. 2078, 85 L.Ed.2d 425 (1985) (<HOLDING>); Martinez v. McCaughtry, 951 F.2d 130, 133 Options: A. recognizing that other crimes evidence may be admissible if offered for any nonpropensity purpose and identifying the need to provide necessary background information about the relationships among the players as a proper purpose B. holding that any confrontation right is found in the fourteenth amendments due process clause not the confrontation clause of the sixth amendment C. holding that certain outofcourt statements offered to explain the course of police conduct may be admissible because they are not offered for the truth of the matters asserted but rather to show the information upon which the police acted the trial court must balance the prosecutions need for the statements against any prejudice arising therefrom D. holding that evidence of a defendants prior criminal convictions could be introduced for the purpose of sentence enhancement if the jury was instructed that the evidence could not be used for the purposes of determining guilt E. holding testimony that would violate the confrontation clause if introduced for the truth may nonetheless be admissible if offered for the limited purpose of impeachment

assistant: The best answer is E. holding testimony that would violate the confrontation clause if introduced for the truth may nonetheless be admissible if offered for the limited purpose of impeachment
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 to the Company provided for in this instrument shall be addressed to the Company in care of the Secretary at the corporate headquarters of the Company, and any notice to the Grantee shall be addressed to such Grantee at the current address shown on the payroll of the Employer, or to such other address as the Grantee may designate to the Employer in writing. Any notice shall be delivered by hand, sent by telecopy or enclosed in a properly sealed envelope addressed as stated above, registered and deposited, postage prepaid, in a post office regularly maintained by the United States Postal Service.

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: conflicts concerning alternative uses of available resources.” An agency must follow § 4332(2)(E) even when it prepares an EA. 40 C.F.R. § 1508.9(b) (“[EAs][s]hall include brief discussions of the need for the proposal, of alternatives as required by [§ 4332(2)(E) ], of the environmental impacts of the proposed action and alternatives, and a listing of agencies and persons consulted.”). CFV contends that the Forest Service violated NEPA by failing to consider the as-of-yet-unadopted revised Forest Plan in the EAs for the Flatwoods and George Creek projects. But NEPA requires that EISs (and EAs) address the environmental impacts of proposed projects, not their legal status or consistency with proposed policy changes. See Sierra Club v. U.S. Forest Serv., 46 F.3d 835, 840 (8th Cir.1995) (<HOLDING>); Swanson v. U.S. Forest Serv., 87 F.3d 339, Options: A. holding that the agency failed to provide for any public participation in the ea process and ordering 45 day period for public comment on ea B. holding that failure to identify the defendant in the information is an omission of an essential element because the primary purpose of the charging document is to inform the defendant of the nature of the accusations brought against him C. holding the touchstone of determining existence of erisa plan is whether an administrative scheme is required D. holding that an ea did not need to assess the effects of correcting an error in the applicable forest plan because the purpose of an ea is to provide information for determining whether prospective projects may have significant environmental impacts E. holding five day public comment period on a portion of an ea insufficient remanding for further public comment

assistant: The best answer is D. holding that an ea did not need to assess the effects of correcting an error in the applicable forest plan because the purpose of an ea is to provide information for determining whether prospective projects may have significant environmental impacts
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 Employer to WCJ Kutz (December 14, 2009), R.R. at 87a.) The next day, in correspondence dated December 15, 2009, Employer notified WCJ Kutz that the Bureau had informally advised Employer “that there was nothing that could be done to correct” the miscalculation of when Claimant had received 104 weeks of temporary total disability that resulted in the premature filing of Employer’s Initial Request for Designation and that, if Employer filed a second, timely Form LIBC-766, Request for Designation, it would be denied.' (Letter from Employer to WCJ Kutz at 1 (December 15, 2009 Letter), R.R. at 88a-89a.) Employer believed this denial would be contrary to the Supreme Court’s decision in Dowhower v. Workers’ Compensation Appeal Board (CAPCO Contracting), 591 Pa. 476, 919 A.2d 913 (2007) (<HOLDING>). (December 15, 2009 Letter at 1, R.R. at Options: A. holding that the burden of proof is on the claimant B. holding claimant suffered permanent total disability where functional disability was only twentyfive or thirty percent claimant was fiftynine years of age claimant had little or no education and the injury kept the claimant from performing physical work C. holding that a request for the designation of an ire physician is premature which renders any ire conducted on the claimant void if filed before the claimant has reached 104 weeks of total disability D. holding that because a suspension admittedly is a concession that disability is continuing claimant need only show that the work provided by the employer on which the suspension is based is no longer available to claimant whereupon total disability payments must be reinstated as of the date of termination of that employment E. holding that the delivery of an eeoc decision to the former attorney of a claimant did not constitute notice to the claimant

assistant: The best answer is C. holding that a request for the designation of an ire physician is premature which renders any ire conducted on the claimant void if filed before the claimant has reached 104 weeks of total disability
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: name before the Agents entered. The Court finds that no knock-and-announce violation occurred. Agent Beck-man testified that the entry team knocked on the garage door, announced their presence, and waited before entering. Although she did not hear what the Agents were saying and thought someone was calling her name, Mrs. Thompson’s testimony was consistent with the Agents’ having announced their presence prior to entry. Moreover, even if the Court found that the executing agents failed to knock-and-announce their presence before executing the warrant, Thompson is not entitled to suppression because “[suppression is not a remedy for violation of the knock-and-an-nounee rule.” United States v. Roberge, 565 F.3d 1005, 1010 (6th Cir.2009); see also Hudson, 547 U.S. at 594, 126 S.Ct. 2159 (<HOLDING>). Therefore, Thompson’s request for suppression Options: A. holding that the exclusionary rule generally does not apply to immigration proceedings B. holding that the exclusionary rule does not apply to proceedings other than criminal trials C. holding that a violation of 6103 does not require the application of the exclusionary rule D. holding that the exclusionary rule does not apply to knockandannounce violations E. holding that exclusionary rule does apply to civil forfeiture proceedings

assistant: The best answer is D. holding that the exclusionary rule does not apply to knockandannounce violations
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: amendment, or upon the commencement of the next 10-year automatic extension period. We conclude that the trial court erred by determining that the amendment took immediate effect. In reviewing the language of restrictive covenants, this Court recognizes that “[b]uilding and use restrictions in residential deeds are favored by public policy.” Rofe v Robinson (On Second Remand), 126 Mich App 151, 157; 336 NW2d 778 (1983). Judicial policy requires that we seek to protect property values as well as “aesthetic characteristics considered to be essential constituents of a family environment.” Webb v Smith (After Second Remand), 224 Mich App 203, 211; 568 NW2d 378 (1997), quoting Rofe, 126 Mich App at 157 (quotation marks and citation omitted). This Court summarized the general rules for co (<HOLDING>). If, however, every then lot owner voted to Options: A. holding that a second extended term cannot be imposed on an offense occurring before the imposition of the first extended term under njsa 2c445b1 B. holding that restrictive covenants were extended for automatic 10year extension when the attempted amendment oc curred two days after the original term expired C. holding that amendments of the restrictive covenants passed during the initial 20year term would not take effect until the beginning of the automatic 10year extension period D. holding that an amendment of restrictive covenants passed during the running of an automatic 10year extension period was not effective until the end of the 10year extension period E. holding that an amendment passed two years into a 10year automatic extension period was not effective until the 10year extension period expired and stating that to hold otherwise would render the extension provision meaningless

assistant: The best answer is B. holding that restrictive covenants were extended for automatic 10year extension when the attempted amendment oc curred two days after the original term expired
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 year before. Based on that evidence, Defendant was charged with two counts of first-degree murder. {7} Defendant moved to suppress the evidence, claiming that the search of his home did not commence until after 10:00 p.m. and was therefore illegal. After a hearing, the trial court granted the motion. The court agreed with Defendant that APD had not entered the home to gather evidence until after 10:00 p.m. Although, as we have seen, the search process had begun earlier that afternoon, the court concluded that APD needed a nighttime warrant. The prosecutor then moved the court to reconsider its ruling. After another hearing, the trial court again ruled in Defendant’s favor. This interlocutory appeal followed. See State v. Smallwood, 2007-NMSC-005, ¶ 11, 141 N.M. 178, 152 P.3d 821 (<HOLDING>). DISCUSSION {8} We review a trial court’s Options: A. holding that this court has jurisdiction to hear interlocutory appeals in cases involving a sentence of life imprisonment or death B. holding that this court has jurisdiction over interlocutory appeals in situations where a defendant may possibly be sentenced to life imprisonment or death C. holding that a statute providing for interlocutory appeals to be heard in the court where appellate jurisdiction may be vested by law means that this court has appellate jurisdiction over interlocutory appeals in cases where the sentence of life imprisonment or death may be imposed D. holding that the trial court may not retain jurisdiction over a sentence when the defendant is sentenced under the guidelines E. holding that 18 usc 1959a1 which provides for a punishment of death or life imprisonment or a fine under this title or both id emphases added provides a mandatory minimum sentence of life imprisonment

assistant: The best answer is B. holding that this court has jurisdiction over interlocutory appeals in situations where a defendant may possibly be sentenced to life imprisonment or death
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Borrowers agree to pay to Lender (a) all reasonable expenses, including without limitation attorney fees, incurred by the Lender in connection with the preparation, execution, and enforcement of this Amendment; and (b) a $25,000.00 amendment fee, which is fully earned and non-refundable on the date hereof.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: prepared by each defendant involved in the incident are consistent with one another. Each correctional officer’s written incident report concludes the amount of force used was necessary and reasonable in light of the situation. There is nothing to suggest force was applied with a sadistic and malicious intent rather than in a legitimate attempt to avoid further conflict. The use of force plus a small amount of pepper spray in this particular context appear to have been appropriate. There is nothing to suggest Defendants used force or pepper spray on Plaintiff for any reason other than to get him to stop struggling. Under such circumstances, the use of force was reasonable and did not amount to a violation of the Eighth Amendment. See Spain v. Procunier, 600 F.2d 189, 195 (9th Cir.1979) (<HOLDING>). Plaintiff has failed to show any genuine Options: A. holding that insufficient evidence supported the defendants conviction for possession of cocaine when officers executed a warrant on a small oneroom apartment and found large quantities of crackcocaine in plain view although the defendant supplied police with a false name when they questioned him at the apartment there was no evidence that the defendant had drugs on his person or that he had ever used cocaine B. holding that the use of tear gas might legitimately be used in small quantities for preventing small disturbances from becoming dangerous to other inmates or prison personnel C. holding that the sale of drugs in small quantities is inadequate without additional evidence to support a finding of conspiracy to distribute drugs to others because the seller could reasonably believe that such purchases are intended for the buyers personal use D. holding that where challenged decision is based on experience of prison administrators and where the states interest implicates the safety of other inmates and prison personnel due process is satisfied by informal nonadversary procedures E. holding that a defendant proves his or her affirmative defense of medical use if inter alia the marijuana was found in an other place open to the public where transportation for medical use might legitimately occur emphasis added

assistant: The best answer is B. holding that the use of tear gas might legitimately be used in small quantities for preventing small disturbances from becoming dangerous to other inmates or prison personnel
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 Plan contains provisions covering the treatment of Shares in a number of contingencies such as stock splits and mergers. Provisions in the Plan for adjustment with respect to the Granted Shares and the related provisions with respect to successors to the business of the Company are hereby made applicable hereunder and are incorporated herein by reference.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: to calculate (or improperly calculating) the Guidelines range, treating the Guidelines as mandatory, failing to consider the § 3553(a) factors, selecting a sentence based on clearly erroneous facts, or failing to adequately explain the chosen sentence.” Gall, 552 U.S. at 51, 128 S.Ct. 586. After we determine that the district court’s sentencing decision is procedurally sound, we then review the substantive reasonableness of the sentence for abuse of discretion. Id. A district court’s unjustified reliance on a single factor “may be a symptom of an unreasonable sentence.” United States v. Pugh, 515 F.3d 1179, 1191 (11th Cir.2008). But significant reliance on a single factor does not necessarily make the sentence unreasonable. Id. at 1192; see Gall, 552 U.S. at 56-57, 128 S.Ct. 586 (<HOLDING>). We have held that “[t]he weight to be Options: A. holding that trial court did not commit error when it allowed state to reopen evidence to establish venue B. holding that a district court did not commit reversible error because it attached great weight to one factor C. holding that a trial court does not commit plain error unless the error is clear under current law D. holding that trial court did not commit reversible error when it submitted admissibility of evidence question to jury because the trial court had independently decided the question E. holding the trial judge did not commit reversible error through the chosen method of remedying the batson violation

assistant: The best answer is B. holding that a district court did not commit reversible error because it attached great weight to one factor
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 involuntary protective custody were similar to those in administrative protective custody and disciplinary segregation. See Sandin, 515 U.S. at 486, 115 S.Ct. at 2301 (inmate’s confinement “did not exceed similar, but totally discretionary, confinement in either duration or degree”). In sum, we affirm the district court’s conclusion that Arce’s confinement did not “present a dramatic departure from the basic conditions of [Arce’s] ... sentence.” Sandin, 515 U.S. at 485, 115 S.Ct. at 2301; Griffin v. Vaughn, 112 F.3d 703, 708. (3d Cir.1997) (fifteen months of administrative segregation not atypical when “inmates in a myriad of circumstances [would] find themselves exposed to the [same], conditions to which [the inmate] was subjected”); Mackey v. Dyke, 111 F.3d 460, 463 (6th Cir.1997) (<HOLDING>), cert. denied, —— U.S.-, 118 S.Ct. 136, 139 Options: A. holding that a state statutory framework and the punitive nature of segregation created a liberty interest B. holding that the inmate had no cognizable due process claim because he had no liberty interest in being free from disciplinary segregation C. holding that 12 days of prehearing confinement in the shu did not implicate a statecreated liberty interest D. holding that 117 days in administrative segregation due to lack of bed space did not implicate a statecreated liberty interest E. holding that placement in disciplinary segregation does not implicate a liberty interest because it falls within the terms of confinement ordinarily contemplated by a sentence

assistant: The best answer is D. holding that 117 days in administrative segregation due to lack of bed space did not implicate a statecreated liberty interest
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: In the event of a Qualifying Termination prior to the earlier of (x) the Vesting Date or (y) a Change in Control (as defined in the Management Agreement): (a) the effective date of such Qualifying Termination shall serve as the vesting date for all Time-Based Units hereunder, and all such Time-Based Units shall vest as of such date; (b) the effective date of such Qualifying Termination shall serve as the vesting date for all TSR Performance-Based Units hereunder and the given date for purposes of the Measurement Price, and the number of such TSR Performance-Based Units that shall vest as of such date shall be calculated in accordance with Section B(i) above based upon the Percentile Rank through the effective date of such Qualifying Termination; and (c) the effective date of such Qualifying Termination shall serve as the vesting date for all Recurrent Consumer Spending Performance-Based Units and IP Performance-Based Units hereunder, and the target number of such Recurrent Consumer Spending Performance-Based Units and IP Performance-Based Units (as set forth in Sections B(ii) and B(iii), as applicable) shall vest as of such date without regard to the application of the Applicable Vesting Percentage.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as otherwise provided herein, the term of any Award of Performance Shares, Performance Stock Units, Restricted Stock Units and any other Award granted pursuant to this Article 8 shall be set by the Committee in its discretion.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: No failure on the part of either Party to exercise, and no delay in exercising, any right, power or remedy under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of such right, power or remedy by such Party preclude any other or further exercise thereof or the exercise of any other right, power or remedy.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Directly or indirectly, use any Credit Extension or the proceeds of any Credit Extension for any purpose which would breach the United States Foreign Corrupt Practices Act of 1977, the UK Bribery Act 2010 and other similar applicable 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 legal provision and list the applicable contract clause categories. Provision: All material consents, licenses, approvals or authorizations of, or registrations or declarations with, any Governmental Authority required to be obtained, effected or given by the originator of such 2016-2 Lease Agreement in connection with (a) the origination or acquisition of such 2016-2 Lease Agreement, (b) the execution, delivery and performance of such 2016-2 Lease Agreement by the Titling Trust, and (c) the acquisition of such 2016-2 Lease Agreement and the related 2016-2 Leased Vehicle by the Titling Trust, were duly obtained, effected or given and were in full force and effect as of such date of origination or acquisition.

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 legal provision and list the applicable contract clause categories. Provision: The Company shall not, and shall use its best efforts to ensure that no affiliate of the Company shall, after the date hereof, sell, offer for sale or solicit offers to buy or otherwise negotiate in respect of any security that would be integrated with the offer or sale of the Units in a manner that would require the registration under the Securities Act of the sale of the Units to the Subscribers.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: if a court or arbitrator holds that we ca n't enforce a part of these terms as written , we may replace those terms with similar terms to the extent enforceable under the relevant law , but the rest of these terms wo n't change .

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: 529 U.S. at 390, 120 S.Ct. 1495 (finding that petitioner met his burden under § 2254 where he claimed ineffective assistance of counsel, the merits of which were “squarely governed by ... Strickland ”). Thus, the Court may evaluate the substance of Petitioner’s claim that the New Jersey Supreme Court’s determination that he “was provided effective assistance of counsel at the penalty phase of his capital trial was contrary to, and an unreasonable application of, Strickland v. Washington,” requiring habeas relief. Pet’r. Br. at 47. IV. A. The Sixth Amendment to the Constitution recognizes that defendants in criminal trials have a right to counsel in order to ensure that those trials are fundamentally fair. See U.S. v. Cronic, 466 U.S. 648, 653, 104 S.Ct. 2039, 80 L.Ed.2d 657 (1984) (<HOLDING>); Powell v. Alabama, 287 U.S. 45, 69, 53 S.Ct. Options: A. recognizing a defendants constitutional right to be represented by counsel of his own choice B. recognizing that a criminal defendants right to a fair trial is fundamental C. recognizing that a criminal defendants right to counsel is the right to the effective assistance of counsel D. recognizing that the accuseds right to be represented by counsel is a fundamental component of our criminal justice system E. holding right to be fundamental

assistant: The best answer is D. recognizing that the accuseds right to be represented by counsel is a fundamental component of our criminal justice system
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: reason it does not apply retroactively is “because aliens would not otherwise receive notice that the filing of their motions would automatically terminate their voluntary departure.” 73 Fed.Reg. at 76,936. In other words, retroactive application would be unfair for those aliens who did not want to forfeit their right to voluntarily depart. This concern is not relevant to Patel who has indicated a strong intention to forgo the benefit. Given the confusion around the Rule discussed above and the lack of guidance, it was reasonable for someone in Patel’s position to think that the BIA — consistent with the proposed Rule given “respectful consideration” by the Supreme Court — would construe her motion to reopen as an automatic termination of a voluntary departure grant. The BIA 9) (<HOLDING>); In re Maknojiya, 2008 WL 5181789 (BIA Nov. Options: A. holding the bia did not err in denying aliens motion to stay voluntary departure period pending determination on the motion to reopen B. holding that aliens must be permitted to unilaterally withdraw voluntary departure requests in order to pursue motions to reopen C. holding the respondent implicitly exercised his right to withdraw his voluntary departure request and instead elected to remain to pursue his motion D. holding respondents motion to reopen and her decision to remain while it was adjudicated reflects an election to pursue the underlying application for relief rather than voluntary departure E. holding motion to reopen seeking adjustment of status constituted a withdrawal of the request for voluntary departure and the adjustment motion was therefore not barred based on failure to depart within the voluntary departure time allowed

assistant: The best answer is D. holding respondents motion to reopen and her decision to remain while it was adjudicated reflects an election to pursue the underlying application for relief rather than voluntary departure