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 Borrower will use the proceeds of the Loans and the Letters of Credit solely to (a) pay closing costs in connection with this Agreement; (b) to finance Borrower’s direct and indirect investments in Real Estate and Mortgage Receivables; and (c) for general working capital purposes.

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 case excerpt and choose the best holding from the options. Case excerpt: of these circumstances, the trial court reasonably concluded that the police officers were lawfully on Rush’s premises to investigate the suspected underage drinking party. As a result, neither the police officers’ warrantless entry into Rush’s yard or their subsequent observation of the beer and liquor containers through the basement window violated Rush’s Fourth Amendment rights. Thus, we reject Rush’s argument that the police officers’ actions were improper. See Trimble, 842 N.E.2d at 801 (recognizing that a police officer’s observation or inspection of contraband during the course of a legitimate investigation does not necessarily result in an unconstitutional search); see also Kendall v. State, 825 N.E.2d 439 (Ind.Ct.App.2005), ajfd in part and vacated in part on other grounds (<HOLDING>). II. Search of the Residence In a related Options: A. holding that the defendants consent to allow the officer to search her purse by way of holding it open for the officer was for consent to a limited view of the purses interior not to surrender possession for an unrestricted search and thus the officer exceeded the scope of the defendants consent B. holding that no search occurred when police officers entered an open business C. holding that the observation of evidence in plain view is not a search for purposes of the fourth amendment and does not require a warrant D. holding that when a police officer observes something from an area where the officer is lawfully entitled to be anything that is in open view may be observed without having to obtain a search warrant because making such open view observations does not constitute a search in the constitutional sense E. holding that officer lawfully in any place may without obtaining warrant seize from motor vehicle any item which he observes in plain or open view if he has probable cause to believe item is contraband or evidence of crime

assistant: The best answer is D. holding that when a police officer observes something from an area where the officer is lawfully entitled to be anything that is in open view may be observed without having to obtain a search warrant because making such open view observations does not constitute a search in the constitutional sense
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 review is the usual standard for mandamus petitions, as set forth in In re Dean, 527 F.3d 391 (5th Cir.2008). “A writ of mandamus may issue only if (1) the petitioner has ‘no other adequate means’ to attain the desired relief; (2) the petitioner has demonstrated a right to the issuance of a writ that is ‘clear and indisputable;’ and (3) the issuing court, in the exercise of its discretion, is satisfied that the writ is ‘appropriate under the circumstances.’ ” Id. at 394 (quoting In Re United States, 397 F.3d 274, 282 (5th Cir.2005)). In this case, the first requirement is fulfilled because the petitioner likely has no other means for obtaining review of the district court’s decision not to order restitution. See United States v. Hunter, 548 F.3d 1308, 1311-16 (10th Cir.2008) (<HOLDING>). However, we are not persuaded that the second Options: A. holding a deferred judgment is not a final judgment of sentence from which a defendant may appeal under iowa code section 8146 B. holding that an order not denominated a judgment is not final for purposes of appeal C. holding that a victim may not bring an appeal from a final judgment in a criminal case asserting that her rights under 3771 were violated D. holding that final judgment in a criminal case means sentence E. recognizing that a final judgment may provide for a particular standard upon which to modify a final judgment

assistant: The best answer is C. holding that a victim may not bring an appeal from a final judgment in a criminal case asserting that her rights under 3771 were violated
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: ratified, the Supreme Court famously declared: the preservation of the States, and the maintenance of their governments, are as much within the design and care of the Constitution as the preservation of the Union and the maintenance of the National government. The Constitution, in all its provisions, looks to an indestructible Union composed of indestructible States. Id., 74 U.S. (7 Wall.) at 725. Well' over a century later, the nation continues to adhere to the same principle of both state and national sovereignty. 2. Current Views The continuing potency of the states has recently been emphasized by the Supreme Court in a series of cases demonstrating an increased sensitivity to state independence. See, e.g., Printz v. United States, 521 U.S. 98, 117 S.Ct. 2365, 138 L.Ed.2d 914 (1997) (<HOLDING>); id. at --, 117 S.Ct. at 2383 (“[T]he whole Options: A. holding that law enforcement commission was a benefit of employment B. holding unconstitutional the enforcement provisions of the brady handgun violence prevention act requiring local chief law enforcement officers to perform background checks on gun purchasers C. recognizing that the public is certainly interested in the prevention of enforcement of ordinances which may be unconstitutional D. holding that nigcs individual background files are law enforcement records subject to exemption 7c and that in the absence of a waiver disclosure is not required by foia because individuals mentioned in law enforcement investigatory reports have a presumptive privacy interest in keeping their names undisclosed E. holding corrections officers are not law enforcement officers under 41412

assistant: The best answer is B. holding unconstitutional the enforcement provisions of the brady handgun violence prevention act requiring local chief law enforcement officers to perform background checks on gun purchasers
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 notices and other communications provided for hereunder (a) shall be given in the form and manner set forth in the Note and (b) shall be delivered (i) in the case of notice or other communications to the Grantors, by delivery of such notice to the Grantors at their address, facsimile number or e-mail address specified in the Note or at such other address, facsimile number or e-mail address as shall be designated by a Grantor in a written notice to the Secured Party in accordance with the provisions thereof or (ii) in the case of notice or other communications to the Secured Party, by delivery of such notice to the Secured Party to its address, facsimile number or e-mail address set forth below or at such other address as shall be designated by the Secured Party in a written notice to the Grantors.

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: purchaser” is “[o]ne who buys something for value without notice of another’s claim to the property and without actual or constructive notice of any defects in or infirmities, claims, or equities against the seller’s title; one who has in good faith paid valuable consideration for property without notice of prior adverse claims.” Black’s Law Dictionary 1271 (8th ed.1999). Whether an event is enough to put a purchaser on notice so that a bona fide purchaser “cannot acquire an interest that is superior to the interest of the transferee” is determined, the statute tells us by “applicable law,” 11 U.S.C. § 547(e)(1)(A), which is to say the law of the state where the property is located. See Gen. Motors Acceptance Corp. v. Busenlehner (In re Busenlehner), 918 F.2d 928, 930 (11th Cir. 1991) (<HOLDING>), overruled on other grounds by Fid. Fin. Options: A. recognizing that granting of a security interest in real property is a preference under 547 of the bankruptcy code B. holding that state law determines when perfection occurs for purposes of the preference avoidance provision of the bankruptcy code C. holding for 1983 actions that although state law determines the limitations period federal law determines when the claim arises D. holding that state law determines when an interest is perfected when interpreting the preference avoidance provision of the bankruptcy act E. holding that while state law determines the existence of a claim federal law determines when a claim arises for bankruptcy purposes

assistant: The best answer is B. holding that state law determines when perfection occurs for purposes of the preference avoidance provision of the bankruptcy code
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: avoid , bypass , remove , deactivate , impair , descramble , or otherwise attempt to circumvent any technological measure implemented by airbnb or any of airbnb 's providers or any other third party to protect the airbnb platform ;

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Commencing as of the Effective Date, Officer shall continue to receive an annual salary of $775,000.00 (the “ Base Salary ”), payable in accordance with the regular payroll practices applicable to senior executives of the Bank generally, but no less frequently than monthly, and less required deductions for state and federal withholding tax, social security and all other employment taxes and payroll deductions. With respect to Base Salary for the period beginning on October 1, 2017, the Base Salary shall be $813,750. For each fiscal year thereafter, the Committee will review Officer’s Base Salary and make such increases (but not decreases) to Base Salary as determined by the Committee and consistent with Section 4(a) of this Agreement. Base Salary increases will be retroactive to the first day of the applicable fiscal year.

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: must comply with that section. Statutory provisions creating rights and remedies are mandatory and exclusive and must be complied with in all respects. Id. at 937. The court held that the notice requirements of section 42.21 are jurisdictional and affirmed the trial court’s dismissal. The court in Poly-America distinguished its holding from the decision in Corchine Partnership v. Dallas County Appraisal District, 695 S.W.2d 734 (Tex.App.—Dallas 1985, writ ref’d n.r.e.) in that the plaintiffs in Corchine had failed to give notice to the review board as required by section 42.06. However, the court in Corchine found that section 42.06(b) notice requirements were jurisdictional as well. See also Rockdale I.S.D. v. Thorndale I.S.D., 681 S.W.2d 225 (Tex.App.—Austin 1984, writ ref’d n.r.e.) (<HOLDING>). The property owner in Herndon Marine Options: A. holding that regulatory requirements are not jurisdictional in nature B. holding that notice requirements of 4206a are jurisdictional C. holding service requirements under fedrcivp 4 to be jurisdictional D. holding that notice requirements under former rule 40b1 are jurisdictional E. holding that notice requirements under rule 252b3 are jurisdictional

assistant: The best answer is B. holding that notice requirements of 4206a are jurisdictional
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of the debtor on the date of the filing of the petition, and that the debtor acquires or becomes entitled to acquire within 180 days after such date- — • (A) by bequest, devise, or inheritance. .. There is no dispute among the parties that the Debtor’s interest in the trust was acquired within 180 days after the filing of the petition. The issue the parties have brought before the Court is whether the Debtor acquired the property by way of “bequest, devise, or inheritance.” As noted above, in the absence of controlling federal law, “property” and “interests in property” are questions of state law. In re Doughman, 263 B.R. 905, 907 (Bankr.D.Kan.1999). As recognized by the parties, the Bankruptcy Code provides no definition of the terms “bequest,” “devise” or “inheritance,” thus re (<HOLDING>); In re Crandall, 173 B.R. 836 Options: A. holding that distributions from an inter vivos trust do not qualify as bequests and 541a5a does not operate to bring such distributions into the bankruptcy estate B. holding appeal not moot when court could order debtor to return to the estate postconfirmation distributions of pension plan assets C. holding that defendants met the test for individual liability under 3713 and were personally liable for distributions made from decedents estate and trust D. holding that ijnter vivos trust distributions are not considered interest obtained by bequest devise or inheritance E. holding that income distributions derived from an intervivos trust do not fit within the definition of 541a5a and therefore escape the pale of the 180 day dragnet

assistant: The best answer is A. holding that distributions from an inter vivos trust do not qualify as bequests and 541a5a does not operate to bring such distributions into the bankruptcy estate
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: Provided that Colleague has: (i) complied in all respects with the requirements of this Agreement, specifically including Section 2, above, (ii) executed and not revoked this Agreement; and (iii) executed and not revoked, within the timeframe specified therein following the Separation Date, an additional General Release containing terms and conditions substantially identical to this Agreement (“Appendix A”), Energizer will provide Colleague with the payments and benefits described below, in consideration and in exchange for Colleague’s promises and obligations herein. Colleague acknowledges that the payments and other benefits set forth below are more than he would otherwise be eligible to receive.

assistant: Payments
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: First Lien Agent may demand specific performance of this Intercreditor Agreement. Each Junior Lien Collateral Agent, for itself and on behalf of the other Junior Lien Secured Parties for whom it is acting as agent, hereby irrevocably waives any defense based on the adequacy of a remedy at law and any other defense which might be asserted to bar the remedy of specific performance in any action which may be brought by First Lien Agent.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: in the equipment; (4) Segundo did not assist Monson in retrieving the equipment from law enforcement; and (5) Segundo did not adequately protect its collateral. But these excuses do not make Monson’s own conduct any less willful or malicious. The collapse of the business did not relieve Monson of the contractual obligations which he entered into or give him carte blanche to make off with equipment he bought with someone else’s money. Demonstrably, Monson knew his actions were wrongful and without just cause. Further, Monson’s behavior falls outside of the sort of reckless or unfortunate but non-malicious acts that this Court have previously held do not rise to the standard of a willful and malicious injury under § 523(a)(6). See In re Walker, 48 F.3d 1161, 1163-65 (11th Cir. 1995) (<HOLDING>); Ikner, 883 F.2d at 987-91 (affirming the Options: A. holding that there must be proof of both a willful act and malicious injury to establish nondischargeability under section 523a6 B. holding that the debtors knowing act of failing to obtain workers compensation insurance so that the employer owed an employee a debt after the employee suffered a workplace injury was not the sort of willful and malicious injury required for nondischargeability under 523a6 because it cannot not be said that the employer intended for the employee to suffer a fall or that there was an unbroken chain of events leading from the employers intentional act to the employees physical injury C. holding that an injury is not within the scope of employment after the employee has left work unless the injury was caused by the employers negligence D. holding that an employer who commits an intentional tort against his employee cannot claim that the act was accidental so that workers compensation is the employees exclusive remedy E. holding that when an employee suffers an injury from an unexplained fall while the employee is on the job and performing the duties of his employment that injury is eligible for compensation under the workers compensation act

assistant: The best answer is B. holding that the debtors knowing act of failing to obtain workers compensation insurance so that the employer owed an employee a debt after the employee suffered a workplace injury was not the sort of willful and malicious injury required for nondischargeability under 523a6 because it cannot not be said that the employer intended for the employee to suffer a fall or that there was an unbroken chain of events leading from the employers intentional act to the employees physical injury
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: While the First Amendment preserves the non-exclusive right to express political speech, the Copyright Act preserves the exclusive right to use one’s fixed ' expressions of political speech. Id. (stating that “[c]opyright laws are not restrictions on freedom of speech as copyright protects only form of expression and not the ideas expressed.”) (internal citations and quotations omitted). Therefore, Plaintiff Galvin’s exclusive right to use his Photograph (under the Copyright Act) can coexist with Defendants’ right to criticize Mr. Yingling’s policies (under thé First Amendment). Contrary to the Defendants’ intimation, the nature of the Flyer as. political criticism does not in and of itself override the copyright protection accorded to the Photograph. See id. at 557, 105 S.Ct. 2218 (<HOLDING>) (internal citations and quotations omitted). Options: A. holding that the application of the fair use doctrine at the pleading stage is appropriate B. holding that the fair use doctrine is not a license for corporate theft empowering a court to ignore a copyright whenever it determines the underlying work contains material of possible public important C. holding that where some radio scripts from aradio show had entered the public domain and others were protected by copyright plaintiff was entitled to use the public domain material without a license D. holding that the more transformative the new work the more likely the use of the old work is a fair one E. holding that while the computer program at issue was within the subject matter of copyright the right sought under state law pursuant to a license was not equivalent to the exclusive rights under copyright as such copyright preemption did not apply

assistant: The best answer is B. holding that the fair use doctrine is not a license for corporate theft empowering a court to ignore a copyright whenever it determines the underlying work contains material of possible public important
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 455 U.S. 676 102 S.Ct. 1744 71 L.Ed.2d 546 AMERICAN MEDICAL ASSOCIATION, et al., petitioners,v.FEDERAL TRADE COMMISSION No. 80-1690 Supreme Court of the United States March 23, 1982 Rehearing Denied May 3, 1982. See 456 U.S. 966, 102 S.Ct. 2048. On writ of certiorari to the United States Court of Appeals for the Second Circuit. PER CURIAM. 1 The judgment is affirmed by an equally divided Court. 2 Justice BLACKMUN took no part in the consideration or decision of this case.

assistant: 8
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 be given to the Company hereunder shall be deemed sufficient if addressed to the Company and delivered to the office of the Company 600 East Greenwich Avenue, West Warwick, Rhode Island 02893 or such other address as the Company may hereafter designate. Any notice to be given to the Holder hereunder shall be deemed sufficient if addressed to and delivered in person to the Holder at his or her address furnished to the Company or when deposited in the mail, postage prepaid, addressed to the Holder at such address.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: denying immunity is therefore “effectively unreviewable on appeal from a final judgment.” Id. at 526-27, 105 S.Ct. 2806. But this exception to § 1291’s jurisdictional final order requirement depends on a summary judgment decision that actually denies an absolute or qualified immunity defense. See, e.g., Bines v. Kulaylat, 215 F.3d 381, 385-86 (3d Cir.2000) (dismissing for lack of appellate jurisdiction defendant’s interlocutory appeal from denial of summary judgment; refusing to entertain qualified immunity argument raised for first time on appeal). An interlocutory appeal may also of course be taken from a decision that fails or refuses to decide a claim of immunity that has been squarely presented to the district court. See Workman v. Jordan, 958 F.2d 332, 334-36 (10th Cir.1992) (<HOLDING>). Here, however, the defendants did not move Options: A. holding sanctions order pursuant to district courts inherent powers not immediately appealable B. holding that this court lacked preliminary authority to review the district courts jurisdiction because there was no immediately appealable order before the court C. holding that the issue of whether the attorney general was entitled to qualified immunity is immediately appealable under the collateral order doctrine D. holding district courts order postponing ruling on defendants qualified immunity defense was immediately appealable E. holding that a district courts order is final and immediately reviewable under mitchell if the appellants properly raised a claim of qualified immunity in the district court

assistant: The best answer is D. holding district courts order postponing ruling on defendants qualified immunity defense was immediately appealable
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: Employee will be entitled to paid vacation of 4 weeks per calendar year, prorated the first calendar year of employment and holidays in accordance with the holiday policies of AXOGEN in effect for its employees from time to time. Vacation must be taken by Employee at such time or times as reasonably approved by AXOGEN.

assistant: Vacations
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: all usable lanes of traffic — to violate the Ordinance. Nothing in the Ordinance’s language supports such an interpretation, though such an interpretation is possible under the plain language of the Ordinance. See Albuquerque, N.M., Rev. Ordinances § 8-2-1-33 (prohibiting the placing of a vehicle in a manner that “obstruct[s] the free use of [a] public way”). The functional repercussions of Defendant’s interpretation, however, lead to an absurd result. We can easily see that obstructing the only lane of traffic save those reserved for oncoming traffic or turns is possible. Without deciding the matter, the single lane of through traffic is, in our view of this case, capable of being obstructed by a single vehicle. See May v. Baklini, 1973-NMCA-043, ¶ 14, 85 N.M. 150, 509 P.2d 1345 (<HOLDING>). Though May is distinguishable from this case Options: A. holding that no one factor is determinative and the weakness of one factor may be overborne by the strength of the others B. holding that obstruction can occur in one lane irrespective of the availability of others C. holding that the availability of the icrp is but one factor to be considered in determining undue hardship but it is not determinative D. holding that the power to produce a change in a given legal relation may exist irrespective of the consent or knowledge either of the one subject to it or of the one holding it E. holding that no one factor is determinative and the weakness of one factor may be overborne by the strength of the others

assistant: The best answer is B. holding that obstruction can occur in one lane irrespective of the availability of others
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: Either Party may terminate this Agreement for any reason at any time upon at least fourteen (14) days’ prior written notice to the other Party. In addition, either Party may terminate this Agreement upon twenty-four (24) hours’ prior written notice to the other Party in the event the other Party has materially breached this Agreement.

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: If any provision of this Plan or of any Option would otherwise frustrate or conflict with the intents expressed above, that provision to the extent possible shall be interpreted so as to avoid such conflict. If the conflict remains irreconcilable, the Committee may disregard the provision if it concludes that to do so furthers the interest of the Company and is consistent with the purposes of this Plan as to such persons in the circumstances.

assistant: Interpretations
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 payments and benefits provided to Employee under Paragraph 3(b) (other than the payments and benefits provided under Paragraph 3(b)(i)(A)) above are conditioned on Employee executing and not revoking a release of claims against the Company, in substantially the form set forth as Exhibit B hereto, which release must be executed, not be revoked and have become irrevocable within sixty (60) days of Employee's termination or resignation. All payments and benefits provided under Paragraph 3(b) (other than the payments and benefits provided under Paragraph 3(b)(i)(A)) above shall be forfeited if the Employee does not timely execute (or subsequently revokes) the release within the aforementioned sixty (60) day period.

assistant: Releases
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: Inc. v. Dickinson, 598 S.W.2d 714, 717 (Tex.Civ.App.-Corpus Christi 1980, writ refd n.r.e.)). 66 . Tex.R. Civ. P. 279. 67 . Id. 68 . Tex.R. Civ. P. 299; see also Wisdom v. Smith, 146 Tex. 420, 209 S.W.2 1, pet. granted) (same). 72 .The jury was instructed only that "[t]he same ten or more of you must agree upon all of the answers made and to the entire verdict.” As can be seen from the S.W.2d 729, 734-35 (Tex.App.-Dallas 1986, writ ref'd n.r.e.). 78 . In re J.M.S., 43 S.W.3d 60, 62-63 (Tex.App.-Houston [1st Dist.] 2001, no pet.). 79 . Tex Fam.Code § 107.103. 80 . In re B.L.D., 56 S.W.3d 203, 211-12 (Tex.App.-Waco 2001, pet. granted). 81 . In re Oghenekevebe, 123 N.C.App. 434, 473 S.E.2d 393, 396 (Ct.App.1996) (basing right on a statute); In re A.R.S., 480 N.W.2d 888, 891 (Iowa 1992) (<HOLDING>); In re Adoption of T.M.F., 392 Pa.Super. 598, Options: A. holding that pennsylvanias test for ineffective assistance of counsel is not contrary to strickland B. holding that in parental termination proceedings the parent is entitled to effective assistance of counsel C. holding that the test for ineffective assistance of counsel in termination cases is generally the same as in criminal proceedings D. holding that ineffective assistance of counsel claims should be brought in collateral proceedings not on direct appeal E. recognizing a constitutional claim for ineffective assistance of counsel

assistant: The best answer is C. holding that the test for ineffective assistance of counsel in termination cases is generally the same as in criminal proceedings
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: Rock Area School District v. Unemployment Compensation Board of Review, 603 Pa. 374, 983 A.2d 1231, 1236 (2009). 6 . ■ Section-301(e)(2) also addresses redetermi-nations for downward revisions based on an employer’s application for review. 43 P.S, § 781(e)(2). 7 . We concluded the issue was waived because the employer did not raise the issue at the administrative hearing or in its appeal. Glidden, 700 A.2d at 559. 8 . Prior to the creation of Commonwealth Court, the Court of Common Pleas of Dauphin County served some functions akin to those served by the present Commonwealth Court, and we view those decisions as established precedent of this Court. See Vlasic Farms, Inc. v. Pennsylvania Labor Relations Board, 734 A.2d 487, 491 (Pa. Cmwlth. 1999), aff'd, 565 Pa. 555, 777 A.2d 80 (2001) (<HOLDING>); Common Cause of Pennsylvania v. Commonwealth, Options: A. recognizing the transfer of jurisdiction to the commonwealth court of those classes of cases previously heard by the court of common pleas of dauphin county as the court wherein the seat of state government is located B. recognizing the court of common pleas of dauphin county as the predecessor to the commonwealth court C. holding in considering a writ of prohibition that the court of common pleas lacked authority to dictate to the county public defenders office criteria for representation of applicants seeking its services D. holding that district courts of appeal have jurisdiction to review by common law certiorari decision of circuit court upholding county court conviction obtained in violation of constitution E. holding a de novo statutory appeal hearing in the court of common pleas cures any defects in the departments notice of suspension

assistant: The best answer is B. recognizing the court of common pleas of dauphin county as the predecessor to the commonwealth court
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 Administrative Agent and the Lenders shall hold confidentially all non-public and proprietary information and all other information designated by the Borrower as confidential, in each case, obtained from the Borrower or its Affiliates pursuant to the requirements of this Agreement in accordance with their customary procedures for handling confidential information of this nature and in accordance with safe and sound lending practices; provided , however , that the Administrative Agent and the Lenders may make disclosure of any such information (a) to their examiners, Affiliates, outside auditors, counsel, consultants, appraisers, agents, other professional advisors, any credit insurance provider relating to the Borrower and its obligations and any direct or indirect contractual counterparty in swap agreements or such counterparty’s professional advisor in connection with this Agreement or as reasonably required by any proposed syndicate member or any proposed transferee or participant in connection with the contemplated transfer of any Note or participation therein (including, without limitation, any pledgee referred to in Section 11.4(e) hereof), in each case, so long as any such Person (other than any examiners) receiving such information is advised of the provisions of this Section 11.18 and agrees to be bound thereby, (b) as required or requested by any governmental authority or self-regulatory body or representative thereof or in connection with the enforcement hereof or of any Loan Document or related document or (c) pursuant to legal process or with respect to any litigation between or among the Borrower and any of the Administrative Agent or the Lenders. In no event shall the Administrative Agent or any Lender be obligated or required to return any materials furnished to it by the Borrower. The foregoing provisions shall not apply to the Administrative Agent or any Lender with respect to information that (i) is or becomes generally available to the public (other than through the Administrative Agent or such Lender), (ii) is already in the possession of the Administrative Agent or such Lender on a non-confidential basis, or (iii) comes into the possession of the Administrative Agent or such Lender from a source other than the Borrower or its Affiliates in a manner not known to the Administrative Agent or such Lender to involve a breach of a duty of confidentiality owing to the Borrower or its Affiliates.

assistant: Confidentiality
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 Member (a) represents and warrants to the other Member that neither it nor its Affiliates have dealt with any brokers of any type, investment bankers, consultants or other third parties, who are entitled to receive a commission or other compensation in connection with the (i) acquisition of the Property, (ii) obtaining the initial Loan (other than as may be privately agreed to by TWC Member or TWC Principal and not an LLC obligation or Condor Member obligation), (iii) entering into of the Operating Agreement or (iv) forming and capitalizing the LLC (including obtaining or arranging the Capital Contributions) or the negotiation or completion of this Agreement, which shall be compensated by the LLC pursuant to a separate Agreement, and (b) agrees to indemnify, defend and hold the LLC, its Subsidiaries and the other Member harmless from and against any actual losses for or relating to any claims for commissions or any other fees due in connection with the transactions described in this Agreement, and arising or resulting from the actions of such Member or the Affiliates of any of them. In the event of a breach of this Section 15.17, any amounts paid to cure such breach by the breaching party shall not constitute Capital Contributions, Member Loans or loans to the LLC or any Member and shall not increase the Capital Account of such Member. The terms of this Section 15.17 shall survive the termination of this Agreement.

assistant: Brokers
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: Alnylam shall maintain insurance during the Term and for a period of at least [***] years after the last commercial sale of any Licensed Product, with a reputable, solvent insurer in an amount appropriate for its business and products of the type that are the subject of this Agreement, and for its obligations under this Agreement. Specifically, Alnylam shall maintain product liability insurance and clinical trial liability insurance with limits of at least [***] U.S. Dollars [***] per occurrence and in annual aggregate. Upon request, Alnylam shall provide Genzyme with evidence of the existence and maintenance of such insurance coverage.

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: This Release is enforceable by the Company and its affiliates and may be assigned or transferred by the Company to, and shall be binding upon and inure to the benefit of, any parent, subsidiary, or other affiliate of the Company or any person which at any time, whether by merger, purchase, or otherwise, acquires all or substantially all of the assets, stock or business of the Company or of any division thereof. The Executive may not assign any of his rights or obligations under this Release.

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: The SEC Reports contain a complete and accurate list of all material contracts relating to the Company’s Intellectual Property Rights to which the Company is a party or by which the Company is bound, except for any license implied by the sale of a product and perpetual, paid-up licenses for commonly available software programs with a value of less than $10,000 under which the Company is the licensee. There are no outstanding and, to Company’s knowledge, no threatened disputes or disagreements with respect to any such agreement.

assistant: 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: 14, 2007, that he was employed by the City and entitled to his salary and benefits until that time, and that he did not waive his right to the salary and benefits he sought. He also contends that he is entitled to costs and reasonable attorney fees permitted under the Act. The Retroactive Cure Issue {9} We review questions of interpretation of statutes de novo. State v. Rivera, 2004-NMSC-001, ¶ 9, 134 N.M. 768, 82 P.3d 939. Public entities can cure violations of the Act. See, e.g., Bd. of Educ. of Santa Fe Pub. Sch. v. Sullivan, 106 N.M. 125, 125, 740 P.2d 119, 119-20 (1987) (stating that the board was entitled to correct the procedural defect of failing to comply with the Act); Kleinberg v. Bd. of Educ. of Albuquerque Pub. Sch., 107 N.M. 38, 44, 751 P.2d 722, 728 (Ct. App. 1988) (<HOLDING>). But no authority in New Mexico supports the Options: A. holding that if the states criminal complaint against defendant had a jurisdictional defect the prosecution had the right to attempt to correct the defect and a motion to dismiss is one method of doing this B. holding that because the pending eviction proceedings do not give plaintiffs an adequate forum to challenge termination of their section 8 assistance under the exceptions to the doctrine of younger abstention and the antiinjunction act the court may stay housing court proceedings until the validity of the termination of plaintiffs assistance can be decided C. recognizing that the procedural defect could be corrected through a reinstatement of the termination proceedings D. holding while there may be some case law to support plaintiffs argument the majority approach is that the failure to attach process defect is merely procedural and that this particular procedural defect may be cured E. holding that notice of a defect could not be imputed to a defendant inasmuch as it created the defect

assistant: The best answer is C. recognizing that the procedural defect could be corrected through a reinstatement of the termination proceedings
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: To the extent reasonably possible, the parties hereto shall cooperate with and assist each other, as requested, in carrying out the purposes of this Agreement. MSR Owner shall cooperate as reasonably required by Subservicer in Subservicer’s efforts to obtain Agency approvals and final certifications and recertifications as required hereunder. The Subservicer shall cooperate in good faith with the MSR Owner in responding to any inquiries from any the MSR Owner’s regulators or examiners regarding the origination or prior servicing of the Defended Loans (including, if not limited by confidentiality limitations, providing copies of audits, documents and other information requested by any regulator or examiner); provided that, if (i) prohibited by Applicable Requirements from providing any such requested information or (ii) the underlying contract or other document or record prohibits disclosure of the requested information, the Subservicer shall give the MSR Owner prompt notice thereof and shall cooperate with the MSR Owner in responding to the applicable regulator or examiner’s request and/or in seeking exemption from such prohibition; provided further that Subservicer shall not be obligated to provide any requested information to the extent constituting confidential or privileged communications with any Governmental Entity or subject to attorney-client privilege. The Subservicer shall be reimbursed by the MSR Owner for any reasonable out of pocket costs or expenses incurred in connection with the foregoing.

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: Whenever possible, each provision of this Agreement will be interpreted in such manner as to be effective and valid under applicable law. If any provision of this Agreement is held to be invalid, illegal or unenforceable in any respect under any applicable law or rule in any jurisdiction, (a) the parties agree that such provision(s) will be enforced to the maximum extent permissible under the applicable law, and (b) any invalidity, illegality or unenforceability of a particular provision will not affect any other provision of this Agreement.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: i. is illegal , threatening , defamatory , abusive , harassing , degrading , intimidating , fraudulent , deceptive , invasive , racist , or contains any type of suggestive , inappropriate , or explicit language ;

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: Supreme Court unanimously outlined the following framework for the initial evaluation of a claim brought under the Contract Clause: Generally, we first ask whether the change in state law has “operated as a substantial impairment of a contractual relationship.” Allied Structural Steel Co. v. Spannaus, 438 U.S. 234, 244, 98 S.Ct. 2716, 57 L.Ed.2d 727 (1978); Energy Reserves Group, Inc. v. Kansas Power & Light Co., 459 U.S. 400, 411, 103 S.Ct. 697, 74 L.Ed.2d 569 (1983). This inquiry has three components: whether there is a contractual relationship, whether a change in law impairs that contractual relationship, and whether the impairment is substantial. Id. at 186, 112 S.Ct. 1105; accord Reliable Tractor, Inc. v. John Deere Constr. & Forestry Co., 376 Fed.Appx. 938, 941 (11th Cir.2010) (<HOLDING>). Federal law ultimately controls the analysis Options: A. recognizing that statements admissible under an exception to the hearsay rule may be inadmissible when tested against the confrontation clause because confrontation clause analysis differs from hearsay rule analysis B. holding for purposes of contract clause analysis a statute can be said to impair a contract when it alters the reasonable expectations of the contracting parties C. holding confrontation clause violations subject to harmless error analysis D. recognizing three components of contract clause analysis set out in romein E. holding that a single cause of action arises out of the same set of facts

assistant: The best answer is D. recognizing three components of contract clause analysis set out in romein