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 Common Stock of the Company is registered pursuant to Section 12(g) of the Exchange Act. During the year preceding this Agreement, the Company has timely filed all reports, schedules, forms, statements and other documents required to be filed by it with the Commission pursuant to the reporting requirements of the Exchange Act (the foregoing materials, including the exhibits thereto and documents incorporated by reference therein being collectively referred to as the “ SEC Documents ”). At the times of their respective filing, all such reports, schedules, forms, statements and other documents complied in all material respects with the requirements of the Exchange Act and the rules and regulations of the Commission promulgated thereunder. At the times of their respective filings, such reports, schedules, forms, statements and other documents did not contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary in order to make the statements therein, in light of the circumstances under which they were made, not misleading. As of their respective dates, the financial statements of the Company included in the SEC Documents complied in all material respects with applicable accounting requirements and the published rules and regulations of the Commission or other applicable rules and regulations with respect thereto. Such financial statements have been prepared in accordance with United States generally accepted accounting principles applied on a consistent basis (“GAAP”) during the periods involved (except (i) as may be otherwise indicated in such financial statements or the notes thereto or (ii) in the case of unaudited interim statements, to the extent they may not include footnotes or may be condensed or summary statements), and fairly present in all material respects the consolidated financial position of the Company as of the dates thereof and the results of operations and cash flows for the periods then ended (subject, in the case of unaudited statements, to normal year-end audit adjustments).

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: rejecting Djigo’s explanations. See Majidi v. Gonzales, 430 F.3d 77, 80 (2d Cir.2005). Because the only evidence of a threat to Djigo’s life or freedom depended upon his credibility, his failure to exhaust precludes success on his claims for asylum, withholding of removal, and CAT relief where all three claims were based on the same factual predicate. See Paul v. Gonzales, 444 F.3d 148, 156 (2d Cir.2006). For the foregoing reasons, the petition for review is DENIED. 2 . Djigo challenges the IJ's adverse credibility finding in his brief to this Court, but did not do so before the BIA. We nonetheless address the adverse credibility determination because the government does not argue that the issue is unexhausted. See Lin Zhong v. U.S. Dep’t of Justice, 461 F.3d 101, 119-20 (2d Cir.2006) Options: A. holding that exhaustion of issues is waived if not raised by the government B. holding that exhaustion of issues is jurisdictional C. holding that issue exhaustion is not jurisdictional and thus waived if not raised by the government D. holding issues not raised in appellate brief are waived E. holding that issues not raised before a district court are waived on appeal

assistant: The best answer is A. holding that exhaustion of issues is waived if not raised by the government
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: result: An actor who makes a misrepresentation is subject to liability to another for physical harm which results from an act done by the other or a third person in reliance upon the truth of the representation, if the actor (a) intends his statement to induce or should realize that it is likely to induce action by the other, or a third person, which involves an unreasonable risk of physical harm to the other, and (b) knows (i) that the statement is false, or (ii) that he has not the knowledge which he professes. Restatement (Second) of Torts § 310 (1965) (emphasis supplied). Though cited to in passing by the Court of Appeals in a small number of cases, § 310 has not been expressly adopted by Maryland courts. But see Gourdine v. Crews, 405 Md. 722, at 791 n. 14, 955 A.2d 769 (2008) (<HOLDING>); see also Virginia Dare Stores v. Schuman, 175 Options: A. holding the plaintiff failed to make a prima facie case that the defendants failure to promote him was discriminatory where the plaintiff failed to that show he was qualified for the relevant position B. holding that plaintiff had failed to state a claim for relief under section 1983 C. holding that the plaintiff had failed to produce sufficient evidence to establish constructive notice because the plaintiff did not present any evidence to establish that the oil was on the floor for any length of time D. holding that a constitutional violation by the individual defendants is required in order to sustain a claim against the municipality E. recognizing that although the plaintiff attempted to make a claim under section 310 the plaintiff failed to establish the element of duty required to sustain that claim

assistant: The best answer is E. recognizing that although the plaintiff attempted to make a claim under section 310 the plaintiff failed to establish the element of duty required to sustain that claim
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: Your base salary (the “ Base Salary ”) shall be at an annualized rate of Seven Hundred Seventy-Five Thousand Dollars ($775,000.00) and shall be paid in accordance with the Company’s regular payroll practices in effect from time to time.

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 case excerpt and choose the best holding from the options. Case excerpt: — the standard we must apply here — than for a statutory claim under Title VII. We believe the fact that verbal harassment is gender-specific gives it no greater claim as a constitutional violation than verbal harassment generally. Thus, we must look at this claim as one for psychological abuse. B We next consider whether plaintiffs allegation of psychological abuse states an actionable claim. Defendant argues that psychological abuse absent physical contact or a threat to bodily integrity is not a deprivation of constitutional rights. No published authority addresses this particular issue in a school context. In other contexts, however, even extreme verbal abuse typically is insufficient to establish a constitutional deprivation. Cf. Collins v. Gundy, 603 F.2d 825, 827 (10th Cir.1979) (<HOLDING>). We have decided one substantive due process Options: A. holding that title 42 usc 1997ee requires proof of a physical injury before a prisoner can recover for emotional or mental distress and that verbal abuse is not actionable under section 1983 B. holding that verbal abuse where sheriff laughed at prisoner and threatened to hang him did not state constitutional deprivation actionable under 1983 C. holding that title 42 usc 1997ee requires proof of a physical injury before a prisoner can recover for emotional or mental distress holding that verbal abuse is not actionable under section 1983 and also recognizing a de minimus standard for 8th amendment excessive force claims D. holding that under 1983 violations of constitutional rights are actionable for nominal damages without proof of actual injury E. holding state is not a proper defendant under 1983

assistant: The best answer is B. holding that verbal abuse where sheriff laughed at prisoner and threatened to hang him did not state constitutional deprivation actionable under 1983
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: immigration judge’s (“IJ”) denial of her motion to reopen. Because the transitional rules apply, Kalaw v. INS, 133 F.3d 1147, 1150 (9th Cir.1997), we have jurisdiction pursuant to former 8 U.S.C. § 1105a(a). We review for abuse of discretion the denial of a motion to reopen. See Konstantinova v. INS, 195 F.3d 528, 529 (9th Cir.1999). We deny the petition for review. The IJ did not abuse his discretion in denying Matoosian’s motion to reopen based on changed country conditions in Iran where the reports on religious freedom Matoosian submitted concerned events that occurred prior to her merits hearing, and Matoosian failed to demonstrate that evidence of those events was unavailable at the time of that hearing. See INS v. Doherty, 502 U.S. 314, 323, 112 S.Ct. 719, 116 L.Ed.2d 823 (1992) (<HOLDING>). Furthermore, the IJ properly determined that Options: A. holding that a motion to reopen seeking only to apply for a form of relief which was unavailable to the movant at the time of the hearing is subject to the regulatory requirements governing motions to reopen B. recognizing that failure to offer new previously unavailable evidence establishing a prima facie case for the underlying relief sought is a proper ground on which the bia may deny a motion to reopen C. recognizing that in an untimely motion to reopen based on changed country conditions the movant must submit previously unavailable evidence demonstrating his prima facie eligibility for relief D. holding that a motion to reopen may be denied for failure to introduce previously unavailable evidence E. recognizing that there are at least three independent grounds on which the bia may deny a motion to reopen 1 failure to establish a prima facie case 2 failure to introduce evidence that was material and previously unavailable and 3 a determination that despite the aliens statutory eligibility for relief he or she is not entitled to a favorable exercise of discretion

assistant: The best answer is D. holding that a motion to reopen may be denied for failure to introduce previously unavailable evidence
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: During the Employment Period, the Employee shall be entitled to participate in all of the Company’s employee benefit plans and programs (excluding severance plans, if any) as the Company generally maintains from time to time during the Employment Period for the benefit of its similarly-situated employees, in each case subject to the eligibility requirements and other terms and provisions of such plans or programs. The Company may amend, modify or rescind any employee benefit plan or program and change employee contribution amounts to benefits costs without notice in its discretion.

assistant: Benefits
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: $20,000 note pursuant to paragraph eleven of the 1980 divorce decree. On October 3, 1988, plaintiff filed a motion to bring forward and modify the alimony order and requested the court to rule on whether the three-year limitation in RSA 458:19 (1983) was applicable to this divorce. In response, defendant filed an objection to her motion and moved that plaintiff be found in contempt for failing to execute the will pursuant to the 1984 stipulation. On April 14,1989, counsel for both parties argued about the applicability of RSA 458:19 (1983). The Master’s (Peter J. Bourque, Esq.) recommendation, which the Superior Court (Dalianis, J.) subsequently approved, was that the three-year provision in RSA 458:19 was inapplicable, reasoning that Henry v. Henry, 129 N.H. 159, 525 A.2d 267 (1987) (<HOLDING>) was distinguishable on its facts. On May 10, Options: A. holding that the penalty is applicable B. holding new statute applicable only prospectively C. holding that the act applies prospectively to complaints filed after its effective date D. holding that the colloquy requirement established shall only apply prospectively to cases in which the trial is not completed until after the date of the decision E. holding that lake only overruled st julien prospectively

assistant: The best answer is B. holding new statute applicable only prospectively
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 21 U.S.C. § 841(a)(1), and illegal entry, in violation of 8 U.S.C. § 1325. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we review de novo, United States v. Sumner, 226 F.3d 1005, 1009 (9th Cir.2000). We affirm. Lopez-Serrato contends that the district court erred by concluding that it lacked the inherent power, under equitable principles, to expunge criminal records and subsequently denying his motion to expunge his prior convictions. This contention is unpersuasive as we have previously held that federal courts do not have ancillary jurisdiction “in a criminal case to expunge [a] ... conviction record where the sole basis alleged by the defendant is that he or she seeks equitable relief.” See id. at 1015; see also United States v. Smith, 940 F.2d 395, 396 (9th Cir.1991) (<HOLDING>). AFFIRMED. ** This disposition is not Options: A. holding that the effects of a conviction including limitations on future employment were not adequate grounds for expunction but were instead the natural consequence of having been convicted B. holding that where a witness had been convicted seventeen years earlier but had been given probation and had not been confined the date of the conviction controlled C. holding that an enhancement in a future sentence based on the present conviction is a collateral consequence and need not be advised of by the district court in its plea colloquy D. holding evidence insufficient for conviction for possession of controlled dangerous substances when the drugs were not found on the person of or in the same room as the defendant but were only found on other persons on the premises E. holding that the court had no duty to warn defendants about the possibility of deportation as a collateral consequence of conviction

assistant: The best answer is A. holding that the effects of a conviction including limitations on future employment were not adequate grounds for expunction but were instead the natural consequence of having been convicted
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: Agent shall receive certificates of insurance or policies of insurance evidencing that all insurance required by the Declarations related to Associations managed by the Vacation Club Manager or this Agreement is in force and will not be canceled without the notice as more specifically provided in and subject to Section 8.8 .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Seller may retain, at Seller’s sole cost and expense, copies of any and all Records. Purchaser shall preserve and keep a copy of all Records in Purchaser’s or the Company’s possession for a period of at least four (4) years after the Closing Date. After such four (4) year period, before Purchaser shall dispose of any such Records, Purchaser shall give Seller at least ninety (90) days’ Notice to such effect, and Seller shall be given an opportunity, at Seller’s cost and expense, to remove and retain all or any part of such Records as Seller may select. From and after Closing, Purchaser shall provide to Seller, at Seller’s cost and expense, reasonable access to such books and records as remain in Purchaser’s possession and reasonable access to the Assets and other properties and employees of Purchaser in connection with matters relating to the ownership or operations of the Assets on or before the Closing Date, or any claims or disputes relating to this Agreement or with any Third Parties, upon reasonable prior notice during normal business hours.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Borrower’s use of the proceeds of the Loans shall be for working capital and other general corporate purposes (including, without limitation, share repurchases permitted hereby) of the Companies and for the refinancing of existing Indebtedness and for Acquisitions permitted hereunder and for certain fees and expenses associated with the closing of the facilities contemplated by the Agreement; provided that the Borrower’s use of the proceeds of the DDTL Loans shall only be for the purposes set forth in subpart (c) of the definition of DDTL Draw Loan Funding Date. The Borrower will not, directly or indirectly, use the proceeds of the Loans, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other Person, to fund any activities or business of or with any Person, or in any country or territory, that, at the time of such funding, is, or whose government is, the subject of Sanctions.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Ninth Amendment may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. One or more counterparts of this Ninth Amendment may be delivered by facsimile, with the intention that delivery by such means shall have the same effect as delivery of an original counterpart thereof.

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: award plaintiff more than $18,513 and that it was to subtract from that amount any income actually earned by plaintiff after he left defendant. Defendant’s position at trial was that it fired plaintiff for just cause, i.e., his continual inability to get along with his coworkers. The jury was presented with a jury verdict form that permitted it to award the verdict to defendant and, instead, it rendered a verdict for plaintiff and awarded damages. Our examination of the evidence and the parties’ positions at trial in light of the jury’s verdict persuades us that it is more likely than not that the court’s instruction created an erroneous impression of the law in the minds of the jury that affected its award. ORS 19.125(2). See also Baker v. English, 324 Or 585, 590, 932 P2d 57 (1997) (<HOLDING>). Reversed and remanded. 1 Three of those Options: A. recognizing under plain error review that the burden to show that substantial rights have been prejudiced is on the party that failed to raise the issue below and for an error to have affected substantial rights the error must have affected the outcome of the district court proceedings B. holding that the affecting substantial rights language of rule 52b means that the error must have been prejudicial it must have affected the outcome of the district court proceedings C. holding that the outcome of the case could have been different if the trial court had imposed the appropriate burden D. holding that a petitioner must show that the outcome of his appeal would have been different had counsel raised the issue E. holding that the rights of an aggrieved party are substantially affected if the outcome either would have or may have been different had the error not occurred

assistant: The best answer is E. holding that the rights of an aggrieved party are substantially affected if the outcome either would have or may have been different had the error not occurred
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 Borrower and its Subsidiaries has timely filed or caused to be filed all Tax returns and reports required to have been filed and has paid or caused to be paid all Taxes required to have been paid by it, except (a) Taxes that are being contested in good faith by appropriate proceedings and for which the Borrower or such Subsidiary, as applicable, has set aside on its books adequate reserves in accordance with GAAP or (b) to the extent that the failure to do so could not reasonably be expected to result in a Material Adverse Effect. The charges, accruals and reserves on the books of the Borrower and its Subsidiaries in respect of Taxes and other governmental charges are, in the reasonable opinion of the Borrower, adequate. No Tax Lien has been filed and, to the knowledge of the Borrower, no claim is being asserted with respect to any such Tax or other such governmental charge.

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 Term shall terminate in the event of Executive’s death. In such event, the Company shall provide to Executive’s executors, legal representatives or administrators, as applicable, payment in the amount and at the time contemplated by Section 4(b)(z). In addition, Executive’s estate shall be entitled to (i) any other amounts earned, including, if applicable, earned but unpaid Base Salary, accrued or owing but not yet paid, within sixty (60) days of the date of Executive’s termination of employment; and (ii) any other benefits to which Executive is entitled in accordance with the terms of the applicable plans and programs of the Company. The Company shall have no further liability or obligation under this Agreement to Executive’s executors, legal representatives, administrators, heirs or assigns or any other person claiming under or through Executive.

assistant: 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: Each party to this IP Security Agreement irrevocably consents to service of process in the manner provided for notices in Section 9.2 of the Guarantee and Collateral Agreement. Nothing in this IP Security Agreement or any other Loan Document will affect the right of any party to this Agreement to serve process in any other manner permitted by law.

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: charges. When reviewing a defendant’s motion to dismiss for insufficiency of the evidence, “the evidence must be considered in a light most favorable to the State and the State must be given the benefit of every reasonable inference arising therefrom.” State v. Davis, 97 N.C. App. 259, 264, 388 S.E.2d 201, 204, aff’d per curiam, 327 N.C. 467, 396 S.E.2d 324 (1990) (citations omitted). We must determine “whether there is substantial evidence of each essential element of the crime charged and that the defen E.2d 174, 178-79 (2001) (finding no evidence the defendants voluntarily released the victims in a safe place where the evidence showed that the defendants fled after shooting one victim and chasing another victim); State v. Raynor, 128 N.C. App. 244, 251, 495 S.E.2d 176, 180 (1998) (<HOLDING>). Other cases, which do address whether a place Options: A. holding the evidence sufficient to permit the jury to infer the victim escaped from the defendant at a convenience store as opposed to being released in a safe place B. holding the evidence established the victim was released in a safe place when the victim was taken to a motel near a major shopping center in the middle of the afternoon was voluntarily dropped off with change to make a phone call and received assistance from hotel employees in the office C. holding the evidence supported a finding that the handicapped victim was not in a safe place where the victim was tied and undressed in the wintertime and left in an unfamiliar area D. holding that evidence the victim tried to keep defendant from fleeing the scene of a crime and defendant killed victim in order to escape supported the finding that murder was committed to avoid arrest E. holding the evidence supported the inference that the victim was not released in a safe place where the victim overpowered the defendants and effected his own escape

assistant: The best answer is E. holding the evidence supported the inference that the victim was not released in a safe place where the victim overpowered the defendants and effected his own escape
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 not be assigned without the express prior written consent of the other parties hereto, and any attempted assignment, without such consents, will be null and void; provided , however , that, without the prior written consent of any other party hereto, a Stockholder may assign its rights and obligations under this Agreement, in whole or in part, to any Affiliate, so long as such Affiliate, if not already a party to this Agreement, executes and delivers to the Company a joinder to this Agreement evidencing its agreement to be become a party to and to be bound by this Agreement as a Stockholder hereunder, whereupon such Affiliate shall be deemed a “Stockholder” hereunder. This Agreement will inure to the benefit of and be binding on the parties hereto and their respective successors and permitted assigns.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: (a) Wherever pursuant to this Agreement (i) Indemnitee exercises any right given to it to approve or disapprove, (ii) any arrangement or term is to be satisfactory to Indemnitee, or (iii) any other decision or determination is to be made by Indemnitee, the decision of Indemnitee to approve or disapprove, all decisions that arrangements or terms are satisfactory or not satisfactory, and all other decisions and determinations made by Indemnitee, shall be in the sole and absolute discretion of Indemnitee and shall be final and conclusive, except as may be otherwise expressly and specifically provided herein.

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: Programs . You may choo se to participate in any and all benefit programs that the Company establishe s and makes avai l able to its employees from time to time, provided you are eligible under (and subject to all provisions of) the plan documents governing those programs. The Company reserves the right to change , add, or cease any particular benefit without notice, in its sole discretion. At present , the Company offers eligible employees health insurance , dental in s urance , and a 401(k) savings program.

assistant: Benefits
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: fail to meet the elements of 11 U.S.C. § 523(a)(6) because the jury finding in connection with exemplary damages was not based solely on debtor’s intentional and malicious conduct but in the alternative on debtor’s heedless and reckless conduct, which, debtor urges, is insufficient to meet the willful and malicious standard of 11 U.S.C. § 528(a)(6). The Court finds that regardless of whether heedless and reckless conduct satisfies the elements of 11 U.S.C. § 523(a)(6), the exemplary damages were awarded because of debt- or’s breach of fiduciary duty and, therefore, are non-dischargeable under 11 U.S.C. § 523(a)(4), along with the compensatory damages which are non-dischargeable under that section. See e.g. St. Laurent v. Ambrose (In re St. Laurent), 991 F.2d 672 (11th Cir.1993) (<HOLDING>). Although the St. Laurent court limited its Options: A. holding that regardless of dischargeability of exemplary damages under section 523a6 punitive damages flowing from the same course of fraudulent conduct necessitating an award of compensatory damages are not dischargeable in bankruptcy under section 523a2a B. holding that conduct must be beyond the fraud which supported compensatory damages to award punitive damages C. holding punitive damages nondischargeable under 523a6 when such damages are based on the same conduct as the underlying nondischargeable judgment D. holding that when compensatory damages are nominal a much higher ratio of punitive damages to compensatory damages can be contemplated E. holding that a plaintiff may receive both treble damages under rico and state law punitive damages for the same course of conduct

assistant: The best answer is A. holding that regardless of dischargeability of exemplary damages under section 523a6 punitive damages flowing from the same course of fraudulent conduct necessitating an award of compensatory damages are not dischargeable in bankruptcy under section 523a2a
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: 851 (requiring petitioner to present new reliable evidence, such as exculpatory scientific evidence, trustworthy eyewitness accounts, or critical physical evidence, to establish actual innocence), and Harvey has offered no such evidence in support of his claim of actual innocence. Harvey does not claim that new evidence shows he is factually innocent of killing Wilbert Reid. Rather, he claims that he is innocent under our decision in Barker because the jury was erroneously instructed on self-defense and we have no way of knowing what effect the erroneous instruction had on the verdict. However, Harvey’s challenge to the jury instructions rests upon asserted legal innocence. See Ellis v. d. Jan.10, 2003), rev’d in part on other grounds, Canaan v. McBride, 395 F.3d 376 (7th Cir.2005) (<HOLDING>); Fleming v. Olson, 1998 WL 34093762, at *5 Options: A. holding that because the jury instructions were not improper the failure of petitioners trial counsel to object or request an additional instruction was not objectively unreasonable B. holding that the ninth circuit erred because the state appellate courts conclusion that one incorrect statement in jury instructions did not render the instructions likely to mislead the jury was not unreasonable C. holding that petitioners challenge to jury instructions did not demonstrate his actual innocence because it rested upon asserted legal error D. holding that petitioners challenge to jury instructions in light of some new cases did not demonstrate his actual innocence because petitioner only asserts legal innocence not actual innocence E. holding that if jury instructions viewed as a whole fairly state the applicable law to the jury the failure to give particular instructions will not be error

assistant: The best answer is C. holding that petitioners challenge to jury instructions did not demonstrate his actual innocence because it rested upon asserted legal error
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, together with the Confidentiality Agreement, the CIC Severance Agreement (except as amended by this Agreement), the Bonus Plan (except as amended by this Agreement) and the Equity Agreements (except as amended by this Agreement), represents the entire agreement and understanding between the Company and Employee concerning the subject matter of this Agreement and Employee's employment with and separation from the Company and the events leading thereto and associated therewith, and supersedes and replaces any and all prior agreements and understandings concerning the subject matter of this Agreement and Employee's relationship with the Company.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: 2674, 57 L.Ed.2d 667 (1978). In Franks, the Supreme Court held that a facially sufficient search warrant could be invalid and evidence suppressed if the affidavit in support of the warrant contained materially false or misleading allegations. A defendant challenging the veracity of an affidavit must show deliberate falsity or reckless disregard; allegations of innocent mistake or negligence are insufficient. Id. at 171, 98 S.Ct. at 2684. In other words, evidence seized pursuant to a search warrant that was based on a misleading or incomplete affidavit will not be suppressed if the affiant acted in good faith. Thus, Leon’s good faith analysis is an integral part of a Franks analysis. See United States v. Leon, 468 U.S. 897, 923, 926, 104 S.Ct. 3405, 3421, 3422, 82 L.Ed.2d 677 (1984) (<HOLDING>). Title III requires that each application for Options: A. holding that consequence of deliberate violation of parental notification statute is suppression of statements made by defendant B. holding that only deliberate clear and unambiguous statements are judicial admissions C. holding that deliberate or reckless omissions of facts that tend to mislead are false statements for franks purposes D. holding that only reckless or deliberate police conduct will trigger suppression E. holding that technical violations of fedrcrimp 41 d require suppression if there was a deliberate disregard of the rule or if the defendant was prejudiced

assistant: The best answer is D. holding that only reckless or deliberate police conduct will trigger suppression
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: alleges that she, Rutledge, and Knapp generally performed similar jobs, and that the fact that her supervisors provided various explanations to her of why she could not be promoted demonstrates that those explanations are pretext. See EEOC v. Sears Roebuck & Co., 243 F.3d 846, 852-53 (4th Cir.2001) (“Indeed, the fact that Sears has offered different justifications at different times for its failure to hire Santana is, in and of itself, probative of pretext.”). Neither of these allegations creates a genuine issue of material fact concerning pretext. It is undisputed that Rutledge and Knapp had different job titles than Baldwin, and Baldwin offers no evidence other than her unsupported allegation to permit a conclusion that their duties were nonetheless similar. See Evans, 80 F.3d at 960 (<HOLDING>). Absent proof that their duties were the same, Options: A. holding that temporal proximity is insufficient in and of itself to establish that the employers nondiscriminatory reason for discharging an employee was in fact pretextual B. holding that a plaintiffemployees unsubstantiated allegations and bald assertions are insufficient to rebut the employers nondiscriminatory justification for an employment decision C. recognizing that even a personal grudge can constitute a legitimate nondiscriminatory reason for an adverse employment decision D. holding that unsubstantiated assertions are not competent summary judgment evidence E. recognizing that an employers decision to eliminate a position is a legitimate nondiscriminatory reason for terminating a position or employee

assistant: The best answer is B. holding that a plaintiffemployees unsubstantiated allegations and bald assertions are insufficient to rebut the employers nondiscriminatory justification for an employment decision
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 cross-appeal. See Iowa Admin. Code r. 876 — 4.27. Although issues are viewed broadly, see Iowa Admin. Code r. 875 — 4.28(7), and once raised, any issue can be resolved in favor of the non-appealing party, IBP limited the issues raised to what are essentially affirmative defenses and did not challenge whether and to what extent Burress was disabled by his injury. The rule providing a mechanism for a cross-appeal conflicts with the rule for defining issues by the briefs because Burress would have been required to file a cross-appeal before learning of the issues designated in IBP’s brief. When faced with a procedural situation the agency rules do not clearly address, this court has been guided by general provisions. See Aluminum Co. of Am. v. Musal, 622 N.W.2d 476, 478-79 (Iowa 2001) (<HOLDING>). The commissioner has broad authority in Options: A. recognizing that the essential requisites of procedural due process are notice and meaningful opportunity to be heard B. holding that the propriety of an order modifying child support without proper pleading notice and opportunity to be heard may be raised for the first time on appeal C. holding basic elements of due process are notice and a right to be heard D. holding that procedural due process requires adequate notice and a meaningful opportunity to be heard E. holding when parties appeal but fail to file briefs commissioner may define issues without following timely notice provision as long as parties are given notice and an opportunity to be heard

assistant: The best answer is E. holding when parties appeal but fail to file briefs commissioner may define issues without following timely notice provision as long as parties are given notice and an opportunity to be heard
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: 2. Except as expressly permitted herein, Recipient shall not disclose Confidential Information and shall prevent the disclosure of such information by Recipient or its affiliates and their respective employees, directors, counsel, advisors, agents and independent contractors (all of which collectively "Representatives") by using the same degree of care to keep confidential the Confidential Information as it uses to keep confidential its own confidential information. 4. Recipient shall disclose Confidential Information only to those of its Representatives who have a need to know such information for the Permitted Purpose.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Whenever possible each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement 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. All obligations of the Loan Parties and rights of the Agents and the Lenders expressed herein or in any other Loan Document shall be in addition to and not in limitation of those provided by applicable 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: settled that the finding of an indictment, fair upon its face, by a properly constituted grand jury, conclusively determines the existence of probable cause.” Barnes v. Wright, 449 F.3d 709, 716 (6th Cir. 2006) (internal citations and quotation marks omitted). A grand-jury witness has absolute immunity from § 1983 claims predicated on the witness’s testimony. Rehberg v. Paulk, 566 U.S. 356, 132 S.Ct. 1497, 1506, 182 L.Ed.2d 593 (2012). Absolute immunity “[cannot] be circumvented by claiming that a grand jury witness conspired to present false testimony or by using evidence of the witness’ testimony to support [a] § 1983 claim concerning the initiation or maintenance of a prosecution.” Id.; see also Briscoe v. LaHue, 460 U.S. 325, 326-27, 341-45, 103 S.Ct. 1108, 75 L.Ed.2d 96 (1983) (<HOLDING>). Absolute immunity does not protect “all Options: A. holding that the considerations underlying absolute prosecutorial immunity at common law dictate the same absolute immunity under 1983 B. recognizing that absolute immunity is immunity from charges of either constitutional or statutory violations C. holding that while a witness and prosecutor were protected by absolute immunity for their participation in judicial proceedings they were not entitled to absolute immunity on a 1983 claim that they conspired to present false testimony D. holding that prosecutors have absolute immunity E. holding that absolute immunity applies to claims of perjured testimony

assistant: The best answer is E. holding that absolute immunity applies to claims of perjured testimony
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: count, specifying the charge title, degree of offense, and maximum penalty defined by statute; (3) state general and specific conditions or sanctions; (4) make all findings of fact required by law; (5) state the date and time when issued and the county and court where issued; and (6) be signed by the court with the title of office. In N.C.’s case, a copy of the written disposition was provided to N.C. and the other relevant parties. This disposition and its contents provided sufficient notice of the court’s findings and the court’s action. Furthermore, N.C. was provided an opportunity to challenge the disposition order under Florida Rule of Juvenile Procedure 8.135. Therefore, we conclude that due process was adequately satisfied through the issuance of a written disposition CA 1994) (<HOLDING>); and L.M. v. State, 610 So.2d 1314, 1317 (Fla. Options: A. holding that disposition order be remanded to the trial court for revision to conform to the trial courts oral pronouncement B. holding that unsegregated attorneys fees must be remanded C. holding that disposition order be vacated and the cause remanded for correction thereof D. holding void judgment must be vacated E. holding that where the trial courts determination that the defendant was mentally capable to proceed with trial was not supported by the evidence the verdict and judgment must be vacated and the cause remanded for further proceedings against the defendant

assistant: The best answer is C. holding that disposition order be vacated and the cause remanded for correction thereof
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Executive shall continue to make himself available at reasonable times, so as not to unreasonably interfere with his ongoing business activities, to the Company Group and to advise the Company Group, at their request, about disputes with third parties as to which Executive has knowledge, and Executive agrees to cooperate fully with the Company Group in connection with litigation, arbitration and similar proceedings (collectively “ Dispute Proceedings ”) and to provide testimony with respect to Executive’s knowledge in any such Dispute Proceedings involving the Company or any member of the Company Group, in all cases without additional compensation or consideration from the Company.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The initial press release concerning this Agreement and the transactions contemplated hereby will be in a form previously agreed by the Parties. Neither of the Parties will issue any press release or public announcement concerning this Agreement or the transactions contemplated hereby without obtaining the prior written approval of the other Party, which approval will not be unreasonably withheld or delayed, unless disclosure or filing are otherwise required by applicable Law, provided , however , that the Party intending to make such release uses its reasonable best efforts consistent with such applicable Law to consult in advance with the other Party with respect to the text thereof.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: you may reject any change skype makes to paragraph 20.3 ( other than address changes ) by sending us notice within 30 days of the change by u.s. mail to the address in paragraph 20.3 ( b ) .

assistant: None