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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: subpoenas that call for privileged matter or would cause an undue burden.”); Exxon Shipping Co. v. U.S. Dep’t of Interior, 34 F.3d 774 (9th Cir.1994); In re Packaged Ice Antitrust Litig., No. 08-MD-1952, 2011 WL 1790189, at *2 (E.D.Mich. May 10, 2011) (“The Sixth Circuit has not expressly decided this issue. This Court concludes that the Sixth Circuit would join the opinions of those courts, mostly in this century, that have concluded that Federal Rule of Civil Procedure 45 and various available privilege rules provide sufficient limitations on discovery to adequately address legitimate governmental interests in objecting to a motion to compel compliance with a valid federal court subpoena.”); In re PE Corp. Sec. Litig., No. 00-CV-705, 2005 WL 806719 at *6-7 (D.Conn. April 8, 2005) (<HOLDING>). “The Second Circuit has not decided which Options: A. holding if a deposition is taken for discovery only not for use at trial the deposition is not a stage of trial for which the defendant must be present B. holding that the use requirement exists for proposed state law claims and is analyzed in the same manner as under the federal claims C. recognizing privilege under federal rules D. recognizing the abovediscussed circuit split and holding that the agencys refusal to produce an individual for a deposition would be analyzed under the applicable federal discovery rules E. holding that the burden is upon the state under the applicable federal rules of evidence

assistant: The best answer is D. recognizing the abovediscussed circuit split and holding that the agencys refusal to produce an individual for a deposition would be analyzed under the applicable federal discovery rules
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: for a change of venue and the alleged lack of satisfaction he received from the court in response to his motions, filed without prior communication with the Gardners and made orally to the court at various times, to have other counsel appointed to represent him. The court (Cole, J.) ordered a change of venue to Cumberland County for the trial of the charges. Although the court stated it was satisfied that the record of the M.R.Crim.P. 11 proceedings conducted on May 7, 1992, at which Fleming had entered guilty pleas, clearly reflected he had done so knowingly and voluntarily, the court properly allowed Fleming to withdraw those pleas. See M.R.Crim.P. 32(d) (A motion to withdraw a plea of guilty may be made only before sentence is imposed.) See also State v. Malo, 577 A.2d 332 (Me.1990) (<HOLDING>). The court also ordered that on September 9, Options: A. holding criminal defendant does not have constitutional right to have guilty plea accepted by court B. holding that a defendant who is allowed to withdraw his plea must either withdraw his plea to all charges or to none when his plea to all charges was part of an agreement with the state C. holding that coas should be construed liberally D. holding that a defendant may withdraw a guilty plea as a matter of right before it is accepted by the court based on ndr crim p 32d3 which states that a defendant may not withdraw his plea of guilty as a matter of right once the plea has been accepted by the court alteration in original E. holding that although a criminal defendant does not enjoy an absolute right to withdraw a previouslyentered plea relief should be granted liberally

assistant: The best answer is E. holding that although a criminal defendant does not enjoy an absolute right to withdraw a previouslyentered plea relief should be granted liberally
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: At any time during or after the period during which you are performing services for the Company, you will fully cooperate with the Company and its attorneys and agents in the preparation and filing of all papers and other documents as may be required to perfect the Company’s rights in and to any of such Inventions, including, but not limited to, joining in any proceeding to obtain letters patent, copyrights, trademarks or other legal rights with respect to any such Inventions in the United States and in any and all other countries, provided that the Company will bear the expense of such proceedings, and that any patent or other legal right so issued to you personally will be assigned by you to the Company or its designee without charge by you.

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: Subject to Section 3 and Section 5(b), payment for the Common Shares covered by this Agreement that are nonforfeitable will be paid in Common Shares, and any such Common Shares and any Deferred Cash Dividends accumulated with respect thereto will be made within 60 days following the third anniversary of the Date of Grant.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: 116 L.Ed.2d 903 (1992)). In a similar vein, Debtors also maintain rights that were bargained for under the Mortgage. See [Claim No. 11-1, Ex. 1]. The Mortgage allows Debtors to prepay the Mortgage without a prepayment penalty. Id. at 6. Specifically, the Mortgage provides that the payments will be due on or before the first day of each month “continuing consecutively until April 1, 2022 when the entire unpaid balance of principal and interest shall become due ankr. D. Conn. 1991); In re Moran, 121 B.R. 879, 883 (Bankr. E.D. Okla. 1990) (finding that “[i]f [a] mortgage allows pre-payment, the [d]ebtors may exercise this right,” notwithstanding § 1322(b)(2)). As in Gaetje, the Mortgage in this case specifically allows the Debtors to prepay prior to the April 2022 maturity date. Id. at *6 (<HOLDING>). Thus, in the instant case, Debtors proposal Options: A. holding that because a mortgage provides the security for the repayment of the note the person having standing to foreclose a note secured by a mortgage may be either the holder of the note or a nonholder in possession of the note who has the rights of a holder B. holding that where a mortgagee is acting on behalf of the note holder there is no disconnection between note and mortgage and the mortgagee may foreclose C. holding that application note 6 is not mandatory D. holding that there is no impermissible modification of the note because the very terms of the note allow for prepayment without a penalty E. holding that the situs of debt for purposes of the act of state doctrine was not in dubai when the terms of the relevant promissory note provided that the note was payable in united states dollars at the place of the holders designation

assistant: The best answer is D. holding that there is no impermissible modification of the note because the very terms of the note allow for prepayment without a penalty
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The execution, delivery and performance of this Agreement by the Company, the issuance and sale of the Shares and the consummation by the Company of the other transactions contemplated herein do not and will not (i) conflict with or violate any provision of the Company’s or any Subsidiary’s certificate or articles of incorporation, bylaws or other organizational or charter documents, or (ii) conflict with, or constitute a default (or an event that with notice or lapse of time or both would become a default) under, result in the creation of any Lien upon any of the properties or assets of the Company or any Subsidiary, or give to others any rights of termination, amendment, anti-dilution or similar adjustments, acceleration or cancellation (with or without notice, lapse of time or both) of, any agreement, credit facility, debt or other instrument (evidencing a Company or Subsidiary debt or otherwise) or other understanding to which the Company or any Subsidiary is a party or by which any property or asset of the Company or any Subsidiary is bound or affected, or (iii) subject to the Required Approvals, conflict with or result in a violation of any law, rule, regulation, order, judgment, injunction, decree or other restriction of any court or governmental authority to which the Company or a Subsidiary is subject (including federal and state securities laws and regulations), or by which any property or asset of the Company or a Subsidiary is bound or affected, except in the case of each of clauses (ii) and (iii), such as would not, individually or in the aggregate, reasonably be expected to result in a Material Adverse Effect.

assistant: No Conflicts
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: Buyer is duly formed, validly existing and in good standing under the laws of the state of its formation. Buyer has full corporate power and authority to enter into this Agreement and the instruments referenced herein, and to consummate the transactions contemplated hereby. The execution, delivery and performance of this Agreement by Buyer have been duly and validly authorized by all necessary corporate action on the part of Buyer and all required consents and approvals that are required for the execution, delivery and performance of this Agreement by Buyer have been duly obtained. All requisite corporate action has been taken by Buyer in connection with the entering into this Agreement and the instruments referenced herein, and the consummation of the transactions contemplated hereby. The individuals executing this Agreement and the instruments referenced herein on behalf of Buyer have the legal power, right and actual authority to bind Buyer to the terms and conditions hereof and thereof.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: for establishing a “fiduciary capacity” under 11 U.S.C. § 523(a)(4) are generally more narrow than those criteria comprising the broader meaning of fiduciary as a relationship involving trust, good faith, and confidence. See, e.g., Ragsdale v. Haller, 780 F.2d 794, 796 (9th Cir.1986) (stating that the “broad, general definition of fiduciary — a relationship involving confidence, trust and good faith — is inapplicable in the dischargeability context”); In re Gans, 75 B.R. 474, 489 (Bankr.S.D.N.Y.1987) (addressing a concern that the definition of fiduciary for purposes of discharge be narrowly construed to preclude “commercial debtor-creditor transactions in which the debtor merely violated the terms of his agreement with the creditor”); In re Rausch, 49 B.R. 562, 564 (Bankr.D.N.J.1985) (<HOLDING>). However, we do not believe that this Options: A. holding that the general meaning of fiduciary as a person representing confidence trust and good faith is far too broad for the purposes of bankruptcy law B. holding as a general rule of contract law if no other meaning is reasonable the court shall rule as a matter of law that the meaning is established C. holding general fiduciary duties of confidence trust loyalty and good faith insufficient to establish the necessary fiduciary relationship for purposes of 523a4 D. holding that a factor who retains the money of his principal is not a fiduciary within the meaning of the bankruptcy laws E. holding that the defendant did not establish good faith as a matter of law

assistant: The best answer is A. holding that the general meaning of fiduciary as a person representing confidence trust and good faith is far too broad for the purposes of bankruptcy law
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: against AMP and ACB. Huertas has failed to state a claim under the NJCFA because his complaint is not based on AMP or ACB’s marketing or sale of merchandise or services to him. See Del Tufo v. Nat’l Republican Senatorial Comm., 248 N.J.Super. 684, 591 A.2d 1040, 1042 (Ch.Div.1991) (“[T]he reach of the [NJCFA] is intended to encompass only consumer oriented commercial transactions involving the marketing and sale of merchandise or services.”); see also J & R Ice Cream Corp. v. Cal. Smoothie Licensing Corp., 31 F.3d 1259, 1272-73 (3d Cir. 1994). Instead, he seeks to recover for ACB’s transfer of his debt to third parties and AMP’s attempts to collect the account — actions that do not fall within the NJCFA. Cf. Joe Hand Promotions, Inc. v. Mills, 567 F.Supp.2d 719, 723-24 (D.N.J. 2008) (<HOLDING>). Huertas’s CFA claims also fail because the Options: A. holding that even if the trial court erred in excluding a letter from evidence that fell within an exception to the hearsay rule the error was harmless where admission of the letter would not have had a substantial effect on a partys rights B. holding that letter from attorney fraudulently accusing plaintiff of violating defendants exclusive licensing rights was not actionable under the njcfa because letter did not involve a sale of merchandise C. holding that plaintiff had standing where the beneficiary of a letter of credit had assigned to plaintiff its cause of action for wrongful dishonor of the letter of credit D. holding that 1823e does not apply to a claim relating to a letter of credit a letter of credit is a liability not an asset E. holding no enforceable contract where letter specified it was a letter of interest only and is subject to the negotiation and execution of a definitive agreement

assistant: The best answer is B. holding that letter from attorney fraudulently accusing plaintiff of violating defendants exclusive licensing rights was not actionable under the njcfa because letter did not involve a sale of merchandise
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: Notwithstanding any other provision of the Plan, the authority granted pursuant to Articles III, VII and VIII to the Plan Administrator and to persons making determinations on claims for benefits and reviews of claims shall, when exercised (i) during the period of 24 months following a Change in Control or (ii) with respect to any termination of employment that occurs during the period of 24 months following a Change in Control or that is carried out at the request of a person seeking to accomplish a Change in Control or otherwise in anticipation of a Change in Control, shall not be “discretionary,” but shall be subject to de novo review by a court of competent jurisdiction or an arbitrator, as applicable.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: (quotation omitted). To obtain a conviction under the witness tampering statute, the State had to show that the defendant believed Bryar was a potential witness. Kilgus, 125 N.H. at 742, 484 A.2d at 1211. Indictments underlying the case charged the defendant with conspiracy to purchase drugs, with obscenity for showing an explicit film to a minor, and with prostitution for transporting Bryar to engage in sex for consideration. Testimony that Bryar had stated he received drugs and money in exchange for sex made the defendant’s actual belief of Bryar’s status as a witness more probable. Such testimony also rendered more likely the State’s version of why the defendant promised Bryar cash, a car, and a Canadian address. Cf. State v. Whitney, 125 N.H. 636, 638-39, 484 A.2d 1158, 1160 (1984) (<HOLDING>). On these facts, the trial court could find Options: A. holding that motive is circumstantial evidence of intent B. holding that evidence of prior convictions is proof of motive for witness tampering C. holding other crimes evidence admissible to show motive where motive was put in issue by defense at trial D. holding extrinsic evidence of defendants motive to possess gun inadmissible where defendant did not contest the issue of motive E. holding that when a defendant admits prior convictions at a habitual offender hearing he waives any complaints about the validity of the prior convictions

assistant: The best answer is B. holding that evidence of prior convictions is proof of motive for witness tampering
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: 113 S.Ct. 1770; Akpan, 407 F.3d at 377, 2005 WL 852416, at *12; United States v. Munoz, 150 F.3d 401, 413 (5th Cir.1998). Consequently, an error is deemed harmless if it did not affect the outcome of the district court proceedings. Olano, 507 U.S. at 734, 113 S.Ct. 1770; Akpan, 407 F.3d at 377, 2005 WL 852416, at *12; Munoz, 150 F.3d at 413. The government bears the burden of showing that the error was harmless beyond a reasonable doubt. Olano, 507 U.S. at 734, 113 S.Ct. 1770 (noting that the inquiry to determine prejudice is the same between plain error and harmless error, but that the defendant, rather than the government, bears the burden of persuasion with respect to prejudice under plain-error review); Chapman v. California, 386 U.S. 18, 24, 87 S.Ct. 824, 17 L.Ed.2d 705 (1967) (<HOLDING>); Akpan, 407 F.3d at 377, 2005 WL 852416, at Options: A. holding that in order to conclude that federal constitutional error is harmless court must find that error harmless beyond a reasonable doubt B. holding that before a federal constitutional error can be held harmless the court must be able to declare a belief that it was harmless beyond a reasonable doubt C. holding constitutional error may be harmless if court can declare a belief that it was harmless beyond a reasonable doubt quoting state v napeahi 57 haw 365 373 556 p2d 569 574 1976 D. holding that before an error can be held harmless the reviewing court must be satisfied beyond a reasonable doubt that the error did not contribute to the defendants conviction E. holding that a constitutional error is harmless where it can be proved beyond a reasonable doubt that the error complained of did not contribute to the verdict obtained

assistant: The best answer is B. holding that before a federal constitutional error can be held harmless the court must be able to declare a belief that it was harmless beyond a reasonable doubt
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 shall be governed by and construed in accordance with the internal laws of the State of Maryland applicable to contracts made and performed wholly within the State of Maryland, without giving effect to the conflict of law provisions thereof. Any suit, action or proceeding with respect to this Agreement (or any provision incorporated by reference), or any judgment entered by any court in respect of any thereof, shall be brought in any court of competent jurisdiction in the State of New York, and each of the Participant and the Company hereby submits to the exclusive jurisdiction of such courts for the purpose of any such suit, action, proceeding, or judgment. Each of the Participant and the Company hereby irrevocably waives (i) any objections which it may now or hereafter have to the laying of the venue of any suit, action, or proceeding arising out of or relating to this Agreement brought in any court of competent jurisdiction in the State of New York, (ii) any claim that any such suit, action, or proceeding brought in any such court has been brought in any inconvenient forum and (iii) any right to a jury trial.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: If the Employee’s employment ( x ) is terminated by reason of the Employee’s death or Disability or ( y ) terminates by reason of the Employee’s retirement on or after the Employee reaching normal retirement age (as determined by the retirement policy of the Company applicable to the Employee), in either case before the last day of the Performance Cycle, ( 1 ) a pro rata number of the Performance Shares shall be earned and vested based on actual achievement of the Performance Goals during the entire Performance Cycle (as if the Employee’s employment had continued during the entire Performance Cycle), with such resulting number of Performance Shares then multiplied by a fraction representing the elapsed portion of the Performance Cycle through the date of the Employee’s actual date of termination of employment, and ( 2 ) any Performance Shares that do not vest pursuant to this Section 2(b)(i) shall automatically be forfeited and cancelled; provided , that ( x ) at least six (6) months must elapse from the Grant Date to the date of termination of the Employee’s employment for any termination initiated by the Employee to be treated as a retirement, and ( y ) in the case of the Employee’s retirement, such pro rata vesting shall be conditioned on the Administrator’s determination that the Employee remains in material compliance with any restrictive covenants applicable to the Employee.

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 case excerpt and choose the best holding from the options. Case excerpt: But the wisdom of requiring graphic images that depict the health risks of using tobacco products is amply supported by the evidence that the current textual warnings do not effectively convey these risks. More to the point, the required warnings need not be a reasonably tailored solution that materially advances the stated interest; they need only be reasonably related to the government’s interest in preventing consumer deception. Zauderer, 471 U.S. at 651, 105 S.Ct. 2265. The dissent errs by using the wrong test: it evaluates the warnings under Central Hudson, relying on cases that analyze laws restricting commercial speech rather than laws requiring disclosures. (See Dissent at 529) (citing Thompson v. Western States Med. Ctr., 535 U.S. 357, 122 S.Ct. 1497, 152 L.Ed.2d 563 (2002) (<HOLDING>); BellSouth Telecommunications, Inc. v. Farris, Options: A. holding that an ordinance exempting certain signs from a general sign ban was an unconstitutional contentbased restriction on speech B. holding that a law prohibiting advertising and promoting particular compounded drugs was an unconstitutional restriction of commercial speech under the central hudson test C. holding unconstitutional an ordinance prohibiting opprobious language D. recognizing that noncommercial speech is accorded greater protection under the first amendment than is commercial speech and striking down ordinance that imposed a greater restriction on political than on commercial billboards E. holding that restriction on government employee speech was unconstitutionally vague

assistant: The best answer is B. holding that a law prohibiting advertising and promoting particular compounded drugs was an unconstitutional restriction of commercial speech under the central hudson test
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: Buyer is a limited liability company duly organized, validly existing and in good standing under the laws of the State of Utah, and has the corporate power and authority to own, operate and lease its properties and to carry on its business as presently being conducted.

assistant: Organizations
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 BORROWERS AND THE OTHER LOAN PARTIES IRREVOCABLY AND UNCONDITIONALLY SUBMITS, FOR ITSELF AND ITS PROPERTY, TO THE EXCLUSIVE JURISDICTION OF THE COURTS OF THE STATE OF NEW YORK SITTING IN NEW YORK COUNTY AND OF THE UNITED STATES DISTRICT COURT OF THE SOUTHERN DISTRICT OF NEW YORK, AND ANY APPELLATE COURT FROM ANY THEREOF, IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY OTHER CREDIT DOCUMENT, OR FOR RECOGNITION OR ENFORCEMENT OF ANY JUDGMENT, AND EACH OF THE PARTIES HERETO IRREVOCABLY AND UNCONDITIONALLY AGREES THAT ALL CLAIMS IN RESPECT OF ANY SUCH ACTION OR PROCEEDING MAY BE HEARD AND DETERMINED IN SUCH NEW YORK STATE COURT OR, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN SUCH FEDERAL COURT. EACH OF THE PARTIES HERETO AGREES THAT A FINAL JUDGMENT IN ANY SUCH ACTION OR PROCEEDING SHALL BE CONCLUSIVE AND MAY BE ENFORCED IN OTHER JURISDICTIONS BY SUIT ON THE JUDGMENT OR IN ANY OTHER MANNER PROVIDED BY LAW. NOTHING IN THIS AGREEMENT OR IN ANY OTHER CREDIT DOCUMENT SHALL AFFECT ANY RIGHT THAT THE ADMINISTRATIVE AGENT, ANY LENDER OR THE L/C ISSUER MAY OTHERWISE HAVE TO BRING ANY ACTION OR PROCEEDING RELATING TO THIS AGREEMENT OR ANY OTHER CREDIT DOCUMENT AGAINST ANY BORROWER OR ANY OTHER LOAN PARTY OR ITS PROPERTIES IN THE COURTS OF ANY JURISDICTION.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: In the event the Participant’s active service-providing relationship with the Company terminates for any reason (other than death, Early Retirement or Normal Retirement) whether or not in breach of applicable labor laws, all RSUs that are unvested as of termination shall automatically terminate as of the date of termination and Participant’s right to receive further RSUs under the Plan shall also terminate as of the date of termination The Committee shall have discretion to determine whether the Participant has ceased actively providing services to the Company, and the effective date on which such active service-providing relationship terminated. The Participant’s active service-providing relationship will not be extended by any notice period mandated under applicable law ( e.g. a period of “garden leave”, paid administrative leave or similar period pursuant to applicable law). Unless the Committee provides otherwise, termination will include instances in which Participant is terminated and immediately rehired as an independent contractor.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: relevant price is the price at which the government could have bought the tape from other vendors. When Coker herself relies on theory to which the government “switched,” any “switch,” if it was impermissible, was not prejudicial. III Coker also objects to the manner in which her sentence was calculated, and asserts that she suffered ineffective assistance of counsel. We decline to address the merits of either argument because she has withdrawn her ineffective assistance claim and waived her sentencing objections. A In Coker’s first brief, her trial counsel, who continues to represent her on appeal (with Coker’s apparent approval), argued that his own performance at trial was constitutionally deficient. After the government pointed out that claims of ineffective ass 94 (10th Cir.2005) (<HOLDING>). The Fifth Circuit declared an attempt to Options: A. holding that sentencing enhancements and sentencing departures are not synonymous and that a waiver for upward departures imposed by the court does not permit the challenging of sentence enhancements B. holding that sentencing disparity produced by substantial assistance departures was intended by congress and is thus not a proper sentencing consideration under section 3553a6 C. holding that prior convictions are merely sentencing enhancements rather than elements of the offense D. recognizing that sentencing guidelines may provide enhancements for mere possession of firearm during other offense E. holding that adequate notice exists for upward enhancements for factors presently in the guidelines to allow an average defense counsel adequately to prepare for sentencing

assistant: The best answer is A. holding that sentencing enhancements and sentencing departures are not synonymous and that a waiver for upward departures imposed by the court does not permit the challenging of sentence enhancements
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: Based on the dissent, defendants pursued their appeal to this Court as of right, see N.J. Const. art. VI, § 5, ¶ 1(b); R. 2:2-1(a)(2). Because the question before the Court is limited to the issue raised in Judge Stern’s dissent, we need not recite the arguments made by the parties in the briefs they have filed. II. Although there are some suggestions that at common law the burial of bodies was considered to be a duty devolving on certain persons related to the decedent, see Toppin v. Moriarty, 59 N.J.Eq. 115, 118-19, 44 A. 469 (Ch. 1899) (concluding that surviving spouse is charged with duty of burial, exclusive and superior to right of other kin due to intimacy of spousal relationship); see also Lascurain v. City of Newark, 349 N.J.Super. 251, 269-70, 793 A.2d 731 (App.Div.2002) (<HOLDING>); Fidelity Union, supra, 16 N.J.Super. at 290, Options: A. holding right to testify was federal constitutional right B. recognizing quasiproperty right in remains of deceased limited to the right of burial or other lawful disposition C. recognizing the right to counsel on appeal D. recognizing private right of action E. recognizing the right to trial by jury is a constitutional right to be given the same protections as other constitutional rights

assistant: The best answer is B. recognizing quasiproperty right in remains of deceased limited to the right of burial or other lawful disposition
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: exercise of discretion which is protected by FTCA § 2680(a).”). Further, “[u]nder a plain reading of this provision, practicability limits both the extent to which the USFS is required to eliminate safety hazards and the immediacy with which the USFS must correct high-priority hazards.” Tam v. United States, 905 F.Supp.2d 1221, 1230 (W.D.Wash.2012). Specifically, Section 2332.1 “requires the USFS to determine, within the confines of its many other responsibilities, how quickly to address high-priority hazards,” and to use “its discretion and policy judgment to choose which items to treat as ‘high-priority’ from among the nearly limitless category of potential hazards” present in a National Forest area. Id. at 1231; see also Elder v. United States, 312 F.3d 1172, 1178 (10th Cir.2002) (<HOLDING>). Notably, the discretion vested in the Forest Options: A. holding that police officers charge to protect the public differentiated them from the public B. holding that federal law can provide source of state public policy for determining whether discharge of employee violated clear mandate of public policy C. holding that a national park service policy manuals broad mandate to warn the public of and protect it from special hazards involves the exercise of discretion in identifying such hazards D. holding that for public policy reasons the mere filing of a bar complaint by a defendant against his attorney does not mandate removal of the attorney E. holding failure to exercise discretion is abuse of discretion

assistant: The best answer is C. holding that a national park service policy manuals broad mandate to warn the public of and protect it from special hazards involves the exercise of discretion in identifying such hazards
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: treatment center. Id. at 92, 993 P.2d at 1056. The court held hearings every thirty days to review the placement, and at the final hearing, he was released from the center but placed on JIPS. Id. J.G. appealed, arguing inter alia that he did not receive advance notice of the possibility of JIPS. Id. The court recognized that J.G. did not receive specific notice of the possibility of JIPS, but that he did have “notice of both the hearing and its subject.” Id. at 93, 993 P.2d at 1057. The court noted that “[ijndeed, the subject of the hearing had been the ongoing subject of past hearings” and that both “J.G. and his lawyer were given the opportunity to participate fully in these discussions.” Id.; cf. Pinal County Juv. Action No. J-169, 131 Ariz. 187, 189, 639 P.2d 377, 379 (App.1981) (<HOLDING>). ¶25 In the instant eases, the juveniles Options: A. holding that the juvenile received inadequate notice of a hearing modifying his probation because he received no notice of the hearing or the reasons for it B. holding that defendant received requisite notice under rule 11 where inter alia he acknowledged at plea hearing that he had read the information understood it and discussed it with his attorney C. holding that the statute of limitations began to run when the plaintiff first received notice of an alleged deficiency from the irs not when he received a final determination of tax liability D. recognizing that the applicant received notice from the plea form even though such notice was not required E. holding that appearance at the scheduled hearing demonstrates actual notice of the hearing

assistant: The best answer is A. holding that the juvenile received inadequate notice of a hearing modifying his probation because he received no notice of the hearing or the reasons for it
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: nothing in these terms shall limit or exclude our liability for any liability that mandatorily can not be limited or excluded by law , including any rights you may have as a consumer under mandatory consumer law .

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: This Agreement may be signed in any number of counterparts, each of which shall be an original, with the same effect as if the signatures were upon the same instrument. Facsimile or electronic transmission in any portable document format (i.e., pdf) of any signed original document and/or retransmission of any signed facsimile transmission will be deemed equivalent to delivery of an original. Except to the extent contemplated by Section 6.3 , no provision of this Agreement shall confer upon any Person other than the parties hereto any rights or remedies hereunder.

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: fines to community service, we next must address the trial court’s conversion of Lamb’s court costs to community service. As noted above, the trial court ordered Lamb incarcerated for ten days in each case for his failure to perform community service to satisfy his fines and his court costs. {¶ 9} In Swift, we recognized that “a court cannot incarcerate a person for nonpayment of court costs.” Swift, supra, at ¶ 21, citing Strattman v. Studt (1969), 20 Ohio St.2d 95, 103, 49 O.O.2d 428, 253 N.E.2d 749. Indeed, “[a] judgment for costs in a criminal traffic case is a civil, not a criminal obligation, and may be collected only by the methods provided for the collection of civil judgments.” Id.; see, also, State v. Self, Montgomery App. No. 20370, 2005-Ohio-1120, 2005 WL 589887, at ¶ 64 (<HOLDING>). {¶ 10} In the present case, of course, the Options: A. recognizing that courts may not confine defendants to work off court costs in order to satisfy the governments contractual interest B. holding that costs are not fixed until judgment is entered and interest can only run on costs when due C. recognizing that the governments failure to prevail is a factor that may be considered D. recognizing virginias interest in protecting defendants from claims and in holding down insurance costs E. recognizing that the contractor may recover costs when loss of productivity results from the governments actions

assistant: The best answer is A. recognizing that courts may not confine defendants to work off court costs in order to satisfy the governments contractual interest
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: for relief under Fed.R.Crim.P. 35(c) or to timely appeal the judgment. See Fed. R.App. 4(b). Nevertheless, on April 19, 2000, Burress sent a letter to the district court alleging that his outstanding restitution obligation was incorrect because the victim had examination, see United States v. Barany, 884 F.2d 1255, 1259 (9th Cir.1989). This challenge fails. Because Burress did not timely appeal the judgment, this Court lacks jurisdiction over his appeal insofar as it attacks the legality of the district court’s judgment. See 18 U.S.C. § 3664(o); Fed. R.Crim.P. 4(b). Burress next raises several claims of ineffective assistance of counsel. We decline to address these contentions because the record is not sufficiently developed. See United States v. Pope, 841 F.2d 954, 958 (9th Cir.1988) (<HOLDING>). Finally, Burress contends that the district Options: A. holding that the defendant did not show prejudice to support ineffective assistance of counsel because any evidentiary error was harmless B. holding defendant did not show prejudice to support ineffective assistance of appellate counsel claim because any evidentiary error was harmless C. holding that a claim of ineffective assistance of counsel could not be resolved by the facts in the record and must be pursued in an action for habeas corpus D. holding that defendant may raise claim of ineffective assistance of counsel on direct appeal only if ineffective assistance is conclusive from the record E. holding that ineffective assistance claim is better pursued on collateral attack because it permits the defendant to develop a record as to what counsel did why it was done and what if any prejudice resulted

assistant: The best answer is E. holding that ineffective assistance claim is better pursued on collateral attack because it permits the defendant to develop a record as to what counsel did why it was done and what if any prejudice resulted
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 SECURITY AGREEMENT SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK, WITHOUT GIVING EFFECT TO THE CONFLICTS OF LAWS PRINCIPLES THEREOF, BUT INCLUDING SECTION 5-1401 OF THE NEW YORK GENERAL OBLIGATIONS LAW, AND TO THE EXTENT APPLICABLE, THE BANKRUPTCY CODE.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: 7.1.1 when creating a listing through the airbnb platform you must ( i ) provide complete and accurate information about your host service ( such as listing description , location , and calendar availability ) , ( ii ) disclose any deficiencies , restrictions ( such as house rules ) and requirements that apply ( such as any minimum age , proficiency or fitness requirements for an experience ) and ( iii ) provide any other pertinent information requested by airbnb .

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: new affirmative defense remedy under the ECOA that a debtor may use to invalidate the entire underlying debt when no language providing for such a defense is expressly or implicitly contained within the ECOA. See Ami L. Dilorenzo, Regulation B: How Lenders Can Fight Back Against the Affirmative Use of Regula .P., 51 F.3d 28, 32 (3d Cir.1995) (reasoning, at least in part, that a plaintiff could proceed with a defensive ECOA claim after the statutory period had run, by way of the right of recoupment); Integra Bank/Pittsburgh v. Freeman, 839 F.Supp. 326, 330 n. 6 (E.D.Pa.1993) (recognizing an action by way of recoupment, which essentially functions as a defense, will lie where a party possesses an otherwise time-barred ECOA claim); In re Remington, 19 B.R. 718, 721 (Bankr.D.Colo.1982) (<HOLDING>); PNC Bank, Del. v. Turner, 659 A.2d 222, 225 Options: A. holding the recoupment doctrine could allow a spouse to assert an ecoa affirmative defense against a creditor even after the statute of limitations had run B. holding a plaintiff cannot assert a violation of the ecoa as an affirmative defense C. holding that ecoa violation cannot be asserted as affirmative defense D. holding defendant was entitled to assert an ecoa violation as an affirmative defense to avoid only her liability because to do otherwise would be to enforce conduct that is forbidden by the ecoa E. holding even though an affirmative action for damages is barred the debtor may assert an ecoa violation defensively in the nature of recoupment

assistant: The best answer is E. holding even though an affirmative action for damages is barred the debtor may assert an ecoa violation defensively in the nature of recoupment
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: therefore affirm the district court’s denial of qualified immunity on these grounds. IV. The remaining issue is whether the police officers are entitled to qualified immunity. On appeal, the Flatfords advance a Fourth Amendment challenge to the officers’ assistance in effectuating the eviction without a warrant or other court order. The Fourth Amendment, made applicable to the States by the Fourteenth, guarantees the “right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.” U.S. Const, amend. TV. The Fourth Amendment not only protects criminal suspects but also limits governmental intrusions in civil contexts. See Camara v. Municipal Court of San Francisco, 387 U.S. 523, 539, 87 S.Ct. 1727, 1736, 18 L.Ed.2d 930 (1967) (<HOLDING>). Whether officers should be immune from Options: A. holding that a plaintiff stated a fourth amendment claim where consecutive bodycavity searches were unnecessary B. holding that policy requiring strip searches of prisoners prior to transfer did not violate fourth amendment C. holding that inmates fourth amendment protection from unreasonable strip searches survives hudson D. holding that the fourth amendment proscription against unreasonable searches and seizures was applicable to the states under the fourteenth amendment so that evidence seized in violation of the constitution could no longer be used in state courts E. holding that fourth amendment applicable in administrative searches for safety inspections

assistant: The best answer is E. holding that fourth amendment applicable in administrative searches for safety inspections
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: we may discontinue or change the service or its availability to you at any time and you may stop using the service at any time .

assistant: Unilateral change, Unilateral termination
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: credit not only unfairly penalizes the nonsettling party but also allows settling parties to abrogate the one satisfaction rule. See Hess Oil Virgin Islands Corp. v. UOP, Inc., 861 F.2d 1197, 1208 (10th Cir.1988); United States Indus., 854 F.2d at 1262. Settling parties could prevent nonsettling parties from receiving settlement credit by refusing to allocate between actual and punitive damages in settlement agreements. See United States Indus., 854 F.2d at 1262. The better rule is to require a settling party to tender to the trial court, before judgment, a settlement agreement allocating between actual and punitive damages as a condition precedent to limiting dollar-for-dollar settlement credits to settlement amounts representing actual damages. Accord Howard, 674 F.2d at 351 (<HOLDING>). Therefore, we hold that to limit a Options: A. holding that a defendant cannot receive credit for settlement amounts representing punitive damages which are not common damages but are individual in nature B. holding that the insurer was entitled to credit against the owners claim in the amount paid to the mortgagee C. holding that the defendant was entitled to a credit equaling the full amount of the settlement when the plaintiff conceded that the agreement did not indicate whether it covered punitive damages D. recognizing that the plaintiff conceded that the jury presumably awarded the full amount of cure he requested E. holding that a plaintiff could recover actual damages under the tcpa for loss of credit if the plaintiff submitted sufficient proof of the amount damages requested

assistant: The best answer is C. holding that the defendant was entitled to a credit equaling the full amount of the settlement when the plaintiff conceded that the agreement did not indicate whether it covered punitive damages