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: proceeding under article 59.02 of the Texas Code of Criminal Procedure. See Tex.Code Crim. Proc. Ann. art. 59.02 (Vernon 2006). 2 . Because Universal stands in the shoes of Helfman as its assignee and subrogee, this theory, if correct, would also result in forfeiture of Universal’s superior right to possess the property. 3 .In its first issue, Universal asserts that the trial court proceedings were “unnecessary and improperly instigated by the State.” In its third issue, Universal argues that the trial court’s order granting unconditional ownership to the State violates the United States and Texas Constitutions. 4 . The cases cited by the State do not articulate this rule. See National Safe Deposit Sav. & Trust Co. v. Hibbs, 229 U.S. 391, 396, 33 S.Ct. 818, 57 L.Ed. 1241 (1913) (<HOLDING>); Glasscock v. First Nat'l Bank of San Angelo, Options: A. holding that bank was equitably estopped from recovering against stock broker for conversion of stock certificates that were assigned in blank and that broker had sold for a bank employee who misappropriated the stock certificates from the bank B. recognizing that a bank customer may have a tort claim against a bank for the wrongful dishonor of a check C. holding successor national bank liable for punitive damages judgment against bank that merged into successor national bank D. holding that a bank customer did not have a reasonable expectation of privacy in records maintained by the bank E. holding that bank incurred a loss when it made a loan upon the collateral of pledged stock certificates

assistant: The best answer is A. holding that bank was equitably estopped from recovering against stock broker for conversion of stock certificates that were assigned in blank and that broker had sold for a bank employee who misappropriated the stock certificates from the bank
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: tension with the claim that Williams only signed in his corporate capacity. The other provisions noted above, suggesting that Williams — as the sole employee and officer of Williams Environmental — may have personal responsibilities, btittress the conclusion that the agreement is unclear and ambiguous on the corporate/personal capacity issue. We emphasize that Williams’s personal liability under the agreement may or may not be established on remand; it will depend on the evidence presented. Unlike situations where a written agreement unambiguously establishes individual liability, such as where a corporate officer assumes personal liability for a corporate obligation, the agreement at issue is ambigu ous, leaving room for interpretation. Because its language is am (Fla. 5th DCA 2002) (<HOLDING>); Robert C. Malt & Co. v. Carpet World Options: A. holding company president personally liable pursuant to language in contract stating that if companys net worth is reduced in excess of ten percent 10 then it is agreed that the company president shall guarantee the shortfall B. holding that plaintiffs failure to mention vice president of thirdparty company in initial disclosures was harmless because plaintiffs mentioned president of company and defendants conducted no discovery of company C. holding owner of limited liability company may be personally liable to third party if owner acts as agent for company and fails to disclose existence and identity of principal D. holding company president personally liable after he gave a personal guarantee that 250000 will be paid E. holding officer personally liable because he agreed to personally guarantee payment on an account

assistant: The best answer is D. holding company president personally liable after he gave a personal guarantee that 250000 will be paid
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: Following the date hereof, each party shall execute, deliver, acknowledge and file, or shall cause to be executed, acknowledged, delivered and filed, all such further instruments, certificates and other documents and shall take, or cause to be taken, such other actions as may reasonably be requested by any other party in order to carry out the provisions of this Amendment and the transactions discussed herein.

assistant: Further Assurances
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: N.W.2d 41 (Minn.2008). Carlson—decided nearly seven years after Holmstrom v. III. Farmers Ins. Co., 631 N.W.2d 102 (Minn.App.2001), on which Pepper relies—rejected the idea that the statute is intended to define mandatory minimum coverage. 749 N.W.2d at 47. The supreme court therefore concluded that “subdivision 3a(5) constitutes a system of priorities and as such governs the source, not the scope, of coverage.” Id. at 47 n. 4. Because the policy in this case provides coverage when an insured is injured by an underinsured motor vehicle and specifically excludes vehicles that are provided liability coverage under the policy from the definition of an underinsured motor vehicle, I would conclude that Minn. Stat. § 65B.49, subd. 3a(5), does not entitle Pepper to UIM benefits. See id. at 47 (<HOLDING>). Because I believe that the plain language of Options: A. holding location of named driver exclusion in endorsement did not make it ambiguous exclusion applied to all coverage afforded by the policy including the um coverage B. holding that the certificate of selfinsurance filed with the commissioner is the functional equivalent of an insurance policy for purposes of minnesotas nofault statutes minnstat 65b49 subd 31 2002 C. holding that policy limits are not a defense to coverage and that policy limits define the amount of coverage D. holding that because the policy by its terms afforded the injured party no coverage neither does minnstat 65b49 subd 3a5 E. holding that an insurer which insures a tortfeasor under a liability policy has no obligation of good faith and fair dealing to an injured third party even where the injured third party also carries a separate policy with the insurer

assistant: The best answer is D. holding that because the policy by its terms afforded the injured party no coverage neither does minnstat 65b49 subd 3a5
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: Consultant acknowledges and agrees that his post-employment obligations under that certain Employee Confidentiality and Assignment of Inventions Agreement shall be in addition to his obligations under this Agreement. This Agreement together with such Employee Confidentiality and Assignment of Inventions Agreement shall constitute the entire agreement between the parties hereto with respect to the subject matter hereof.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: saw Roberson emerge briefly from the residence. A records check discl nding probable cause to issue a search warrant where the affidavit established that the affiant was an experienced narcotics investigator; the defendant had prior drug trafficking convictions; information from a confidential informant indicated that the defendant engaged in drug trafficking on a regular basis and maintained drugs and weapons at the location to be searched; periodic surveillance corroborated the informant’s information; and marijuana and cocaine residue, and packaging materials, were found inside trash bags left on the defendant’s lawn within twenty-four hours before preparation of the affidavit); United States v. Wingate, 191 F.3d 454, 1999 WL 775917, at *3-4 (6th Cir. Sept.24, 1999) (table decision) (<HOLDING>); see also United States v. Allebach, 526 F.3d Options: A. holding that magistrate had substantial basis for determining that probable cause existed where affidavit which recited information received from anonymous tip from informer in february 2007 regarding narcotic activity on unspecified date included several details about defendant and residence that were later confirmed officer found residue that fieldtested positive for marihuana in garbage can located on street directly in front of residence on march 1 2007 officer found marihuana stems seeds and residue in garbage can on march 5 and search warrant was issued on march 6 and executed on march 7 B. holding that traffic around the searched residence the presence of a known drug dealer and trash pulls that revealed cut straws torn plastic baggies marijuana stems and one baggie with cocaine residue constituted substantial basis for magistrates probable cause determination C. holding that the district court acted within its discretion in not allowing a confidential informant to testify in support of the defendants suppression motion because even if the informants statements regarding drug activity were excised from the search warrant affidavit the remaining information obtained through a trash pull which revealed plastic bags containing wrappers with cocaine residue supplied sufficient probable cause for the search warrant D. holding that defendants collective possession of plastic baggies beepers and scales in conjunction with other evasive action was sufficient evidence for jury to find conspiracy to distribute and possess cocaine beyond reasonable doubt E. holding that large amount of cocaine packaged in individual baggies was one basis for affirming conviction for possession of a firearm in furtherance of a drug trafficking offense

assistant: The best answer is B. holding that traffic around the searched residence the presence of a known drug dealer and trash pulls that revealed cut straws torn plastic baggies marijuana stems and one baggie with cocaine residue constituted substantial basis for magistrates probable cause determination
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: there is no “contract of deposit of funds,” the brokerage account is not an “account” for purposes of the MPAA. Furthermore, DL & F submits that MSDW is not a “financial institution” as that term is defined in the statute. DL & F maintains that courts in other jurisdictions have also come to these same conclusions when construing the Uniform Probate Code, the code on which the Multiple-Party Accounts Act is based. See Union National Bank of Texas v. Ornelas-Gutierrez, 772 F.Supp. 962 (S.D.Tex.1991) (finding that the investment by UNB in book-entry United States Treasury bills on behalf of a depositor was not an “account” as defined by the Texas Probate Code, but rather was a brokerage-custodial agreement between UNB and the depositor); Berg v. D.D.M., 603 N.W.2d 361 (Minn.App.1999) (<HOLDING>). Multiple Party Account The MPAA defines an Options: A. holding that an application containing the statement i hereby request that the defendant open a brokerage account did not create an enforceable contract B. holding that fathers investment account with stock brokerage firm was not a multipleparty account available for payment of child support C. holding bankruptcy courts determination that payment on account was made for new value erroneous as matter of law D. holding that language in a merrill lynch customer account agreement that the plaintiff signed upon opening the first account providing for arbitration of any controversy arising out of its business applied to the disputed second account even though the plaintiff did not sign a separate customer account agreement for the second account E. holding that the court erred in failing to credit fathers child support account for the entire amount that he paid for the mothers mortgage

assistant: The best answer is B. holding that fathers investment account with stock brokerage firm was not a multipleparty account available for payment of child support
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may not be assigned by the Executive. The Employers may assign their rights, together with its obligations, hereunder (i) to any affiliate or subsidiary, provided that the assignor continues to be responsible for the obligations set forth herein until discharged, or (ii) to third parties in connection with any sale, transfer or other disposition of all or substantially all of its business or assets. The Company will require any successor (whether direct or indirect, by Change of Control, or otherwise) to assume expressly and agree to perform this Agreement in the same manner and to the same extent that the Company would be required to perform it if no such succession had taken place.

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: This Agreement shall not be effective until counterparts hereof executed on behalf of each of the Company and the Issuing Bank have been delivered to and accepted by the Administrative Agent. This Agreement may be executed in counterparts (and by different parties hereto on different counterparts), each of which shall constitute an original, but all of which when taken together shall constitute a single contract.

assistant: Effectiveness
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 Option granted under the Plan must be evidenced by an Award Agreement. At the time any Option is granted, the Committee will determine whether the Option is to be an Incentive Stock Option described in Code Section 422 or a Non‑Qualified Stock Option, and the Option must be clearly identified as to its status as an Incentive Stock Option or a Non‑Qualified Stock Option. Incentive Stock Options may only be granted to employees of the Company or any Subsidiary. At the time any Incentive Stock Option granted under the Plan is exercised, the Company will be entitled to legend the certificates (if any) representing the shares of Stock purchased pursuant to the Option to clearly identify them as representing the shares purchased upon the exercise of an Incentive Stock Option. An Incentive Stock Option may only be granted within ten (10) years from the earlier of the date the Plan is adopted or approved by the Company’s stockholders.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the district court, holding that a competitive injury must be shown in order to state a claim under § 192(a) and (b). Because I believe that no such showing is required, I dissent. II Proper statutory analysis begins with the plain text of the statute. See Permanent Mission of India to the United Nations v. City of New York, 551 U.S. 193, 127 S.Ct. 2352, 2356, 168 L.Ed.2d 85 (2007) (“We begin, as always, with the text of the statute.”) (citation omitted); Watt v. Alaska, 451 U.S. 259, 265, 101 S.Ct. 1673, 68 L.Ed.2d 80 (1981) (“The starting point in every case involving construction of a statute is the language itself.”) (quotation omitted); see also In re Rogers, 513 F.3d 212, 225 (5th Cir.2008). “It is well established that when a statut 9, 118 S.Ct. 285, 139 L.Ed.2d 215 (1997) (<HOLDING>). The remaining parts of § 192 further support Options: A. recognizing that undefined words in a statute ordinarily should be interpreted as taking their ordinary contemporary common meaning B. holding that ordinarily courts are not obligated to review evidence presented for the first time on appeal C. holding that ordinarily a statute must be construed in a manner which protects its constitutionality D. holding that courts ordinarily should resist reading words or elements into a statute that do not appear on its face E. holding that courts must avoid adding conditions to the applicability of a statute that do not appear in the provisions text

assistant: The best answer is D. holding that courts ordinarily should resist reading words or elements into a statute that do not appear on its face
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Executive shall be entitled to receive a cash payment equal to two (2) times Executive’s Base Salary in effect immediately prior to the date of termination (the “ Change in Control Payment ”), which shall be paid in twenty-four (24) equal monthly payments commencing on the first business day of the first month following the date of termination. Subject to Section 13 hereof, if a Qualifying Termination of Executive’s employment occurs during the Protection Period, CapStar shall maintain for the remaining duration of the Protection Period Executive’s health insurance coverage under any applicable Employee Benefit Plans, including any insurance policy held by CapStar, and pay CapStar’s portion of such coverage, with the intent of the parties being that Executive shall continue to receive such health insurance coverage for a period of twenty-four (24) months following a Change in Control. Subject to Section 13 hereof, Executive shall have the right to continue COBRA health insurance coverage at the end of the Protection Period.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Unless otherwise specifically provided herein, any notice or other communication required or permitted to be given shall be in writing addressed to the respective party as set forth below and may be personally served, faxed or sent by overnight courier service or certified or registered United States mail and shall be deemed to have been given (a) if delivered in person, when delivered; (b) if delivered by fax, on the date received if received on a Business Day before 4:00 p.m. (Chicago, Illinois time) or, if not, on the next succeeding Business Day; (c) if delivered by overnight courier, one Business Day after delivery to such courier properly addressed; or (d) if by United States mail, four Business Days after deposit in the United States mail, postage prepaid and properly addressed.

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 legal provision and list the applicable contract clause categories. Provision: (a) The Borrower has disclosed to the Lenders all agreements, instruments and corporate or other restrictions to which it or any of its Subsidiaries is subject, and all other matters known to it, that to the knowledge of the Borrower, individually or in the aggregate, could reasonably be expected to result in a Material Adverse Effect. None of the reports, financial statements, certificates or other information (other than general economic or industry information) furnished by or on behalf of the Borrower or any Subsidiary to the Administrative Agent or any Lender in connection with the negotiation of this Agreement or delivered hereunder (as modified or supplemented by other information so furnished), taken as a whole, contains any material misstatement of fact or omits to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not materially misleading; provided that, with respect to projected financial information (including without limitation budgets, estimates and forecasts), the Borrower represents only that such information was prepared in good faith based upon assumptions believed to be reasonable at the time.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: “an ordinary and knowledgeable person will know what he is contracting away.” Id. (quoting Gayon v. Bally’s Total Fitness Corp., 802 So.2d 420 (Fla. 3d DCA 2001)); see also Raveson v. Walt Disney World Co., 793 So.2d 1171 (Fla. 5th DCA 2001). A phrase in a contract is ambiguous when it is of uncertain meaning and may be fairly understood in more than one way. Tatman, 27 So.3d at 110 (citing Nagel v. Cronebaugh, 782 So.2d 436, 439 (Fla. 5th DCA 2001)). The exculpatory clause at issue here did not expressly inform Ereck that he would be contracting away his right to sue UCFAA for its own negligence. This, alone, would be enough to render the clause unenforceable in any District in Florida other than ours. See Give Kids the World, Inc. v. Sanislo, 98 So.3d 759, 759 (Fla. 5th DCA 2012) (<HOLDING>), rev. granted, Sanislo v. Give Kids the World, Options: A. holding that ordinary negligence and gross negligence are not separate causes of action B. holding that indemnification provision did not expressly state the party was seeking indemnity for its own negligence so as to satisfy express negligence test C. holding that negligence does not violate the due process clause but reserving the question whether gross negligence does D. holding that an exculpatory clause need not have an express reference to negligence in order to render it effective as to negligence actions and certifying conflict with the first second third and fourth district courts of appeal as to this issue E. holding that an effective notice of appeal must be filed for this court to have jurisdiction to hear the case

assistant: The best answer is D. holding that an exculpatory clause need not have an express reference to negligence in order to render it effective as to negligence actions and certifying conflict with the first second third and fourth district courts of appeal as to this issue
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: with arbitration ( a ) there is no judge or jury , ( b ) the arbitration proceedings and arbitration outcome are subject to certain confidentiality rules , and ( c ) judicial review of the arbitration outcome is limited .

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, together with the DOG and any changes thereto issued by Case from time to time, is and shall be deemed to be the complete and final expression of the agreement between the Parties as to the matters herein contained and provided for and supersedes all previous agreements between the Parties pertaining to such matters. IT IS CLEARLY UNDERSTOOD THAT NO PROMISE OR REPRESENTATION NOT CONTAINED HEREIN WAS AN INDUCEMENT TO EITHER PARTY OR WAS RELIED UPON BY EITHER PARTY IN ENTERING INTO THIS AGREEMENT.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: 283 Ga. 156, 160 (656 SE2d 814) (2008). 3. In his final enumeration of error, appellant, who is now represented by new appellate counsel, asks this Court to remand his case to the trial court to obtain trial counsel’s testimony with respect to his claim of ineffective assistance of trial counsel, a claim raised by his first appellate counsel on motion for new trial. Claims of trial counsel ineffectiveness must be raised at the earliest practicable opportunity See Lewis v. State, 291 Ga. 273, 281 (731 SE2d 51) (2012); Ruiz v. State, 286 Ga. 146, 148 (1) (b) (686 SE2d 253) (2009). Only where no opportunity existed for the defendant to raise an ineffectiveness claim prior to appeal have cases been remanded for a hearing. See, e.g., Green v. State, 295 Ga. 108, 112 (757 SE2d 856) (2014) (<HOLDING>). Here, appellant not only had the opportunity Options: A. recognizing a constitutional claim for ineffective assistance of counsel B. holding no ineffective assistance of appellate counsel claim for failure to raise as basis for appeal of conviction ineffective assistance of trial counsel where basis for the latter claim was inadequate C. recognizing that the defendant whose trial counsel represented him on motion for new trial had no opportunity to raise an ineffective assistance of counsel claim prior to appeal and remanding the case for a hearing solely on this issue D. holding that where trial counsel was not ineffective appellate counsel was not ineffective for failing to raise claim of ineffectiveness of trial counsel E. holding that res judicata does not bar a defendant from raising a claim of ineffective assistance of trial counsel for the first time in a postcollateral proceeding if the defendant was represented by the same counsel at trial and on direct appeal or if an actual conflict of interest enjoined appellate counsel from raising a claim of ineffective assistance of trial counsel on direct appeal

assistant: The best answer is C. recognizing that the defendant whose trial counsel represented him on motion for new trial had no opportunity to raise an ineffective assistance of counsel claim prior to appeal and remanding the case for a hearing solely on this issue
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: that right, Minnesota law affords greater protection to a suspect invoking his right to counsel than does federal law. Under Minnesota law, when a suspect’s request is “equivocal or ambiguous” but “subject to a construction that the accused is requesting counsel, all further questioning must stop except that narrow questions designed to ‘clarify’ the accused’s true desires respecting counsel may continue.” State v. Risk, 598 N.W.2d 642, 647-48 (Minn.1999) (quoting State v. Robinson, 427 N.W.2d 217, 223 (Minn.1988)). Here, well before he was given a Miranda warning, Ortega asked the interrogating law enforcement agents, “Am I supposed to have a lawyer present?” At a minimum, this statement was an equivocal request for an attorney. See State v. Doughty, 472 N.W.2d 299, 303 (Minn.1991) (<HOLDING>). Indeed, the record indicates that the agent Options: A. holding that the statement i guess you better get me a lawyer then was not an unequivocal invocation of the right to an attorney because the phrase i guess was equivocal B. holding that district comets inquiry do you have anything else for the record failed to satisfy requirement that the court clearly ask for objections to the sentence that have not been previously raised C. holding the statement shouldnt i have an attorney so you dont ask me any illegal questions as an equivocal request for counsel D. holding that an ambiguous mention of an attorney is not a request for counsel E. holding that a suspect made an acceptable request for counsel by stating i dont think i want to talk to you anymore without a lawyer

assistant: The best answer is C. holding the statement shouldnt i have an attorney so you dont ask me any illegal questions as an equivocal request for counsel
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Neither the provisions of this Section including, without limitation, the right of the Port Authority to have the Lessee perform and complete the work recommended or required by the Condition Survey Report, the obligation of the Lessee so to perform and complete such work, nor any such performance thereof by the Lessee, any failure of the parties to select a Condition Survey Contractor, any failure of any Condition Survey Contractor to perform and complete a Condition Survey Contract, nor any failure by the Lessee or the Port Authority to pay the Condition Survey Costs with respect to any Condition Survey Contract or any portion thereof, shall be deemed to release, waive, diminish, limit or impair any of the obligations, duties, responsibilities or liabilities of the Lessee under any term, provision, covenant or condition of this Agreement or to limit, waive, affect, restrict or impair any right or remedy of the Port Authority including, without limitation, any right of the Port Authority to terminate the letting hereunder, whether before or after the Report Date. Without limiting the foregoing, it is expressly understood and agreed that the Lessee shall not postpone or delay any action, maintenance, rebuilding or repair or other item or thing required to be taken by the Lessee under any other section of this Agreement.

assistant: No Waivers
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: and was released around mid-November 2008. See Federal Bureau of Prisons, Inmate Locator, http://www.bop.gov/iloc2/LocateInmate.jsp (last visited Dec. 28, 2008). Furthermore, on September 22, 2008, Mr. Manning sought from this Court a stay of the commencement of his supervised release term, noting that he was "about to be released again to the same probation officer.” No. 08-5057, Doc. 9598259, at 3 (Order of Stay for Supervised Release, dated September 22, 2008). We denied Mr. Manning's request for a stay. If Mr. Manning has in fact been released, as we are inclined to believe under the circumstances outlined above, that portion of his appeal challenging the reasonableness of his sentence is moot. See United States v. Johnson, 529 U.S. 53, 54, 120 S.Ct. 1114, 146 L.Ed.2d 39 (2000) (<HOLDING>); United States v. Ludvigson, 262 Fed. Appx. Options: A. holding that for purposes of revoking supervised release the applicable guidelines are those in effect at the time of the supervised release violations rather than those in effect at the time of initial offense B. holding that excess prison time served by a defendant on invalidated criminal convictions cannot be credited to the supervised release period to reduce its length C. holding that invitederror doctrine precludes defendant from challenging sentence of supervised release where defendant requested sentence of supervised release D. holding that further supervised release may be ordered as a sentence for violation of supervised release E. holding that a former inmates supervised release term may not be credited with undisputed excess time in prison

assistant: The best answer is B. holding that excess prison time served by a defendant on invalidated criminal convictions cannot be credited to the supervised release period to reduce its length
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 construed according to the internal laws, and not the laws pertaining to choice or conflict of laws (to the extent they would permit the application of the laws of any other jurisdiction), of the State of New York.

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: Each representation and warranty of Borrower contained in the Credit Agreement and the other Credit Documents is true and correct in all material respects (unless such representations and warranties are already qualified by materiality, Material Adverse Effect or a similar qualification in which case such representations and warranties shall be true and correct in all respects) with the same effect as though each such representation and warranty had been made on and as of the Third Amendment Effective Date (except where any such representation and warranty expressly relates to an earlier date, in which case each such representation and warranty shall have been true and correct in all material respects as of such earlier date).

assistant: Warranties
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 Subsidiary Guarantors and Unencumbered Property Subsidiaries and each of the Subsidiaries of the Borrower and REIT (i) is a corporation, limited partnership, general partnership, limited liability company or trust duly organized under the laws of its State of organization and is validly existing and in good standing under the laws thereof, (ii) has all requisite power to own its property and conduct its business as now conducted and as presently contemplated and (iii) is in good standing and is duly authorized to do business in each jurisdiction where an Unencumbered Property included in the calculation of Unencumbered Asset Value owned or leased by it is located (to the extent required by applicable law) and in each other jurisdiction where a failure to be so qualified could have a Material Adverse Effect.

assistant: Subsidiaries
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: also places any child under the age of seventeen within the jurisdiction of the South Carolina Family Court. 7 .As Appellants did not raise the issue on appeal, we will not address the District Court’s finding that the level of force used by the arresting officers to retrieve the baggie from Bell's mouth did not violate Bell's Fourth Amendment rights. 8 . The District Court also correctly concluded that Sheriff Cannon cannot be held liable under Section 1983 in his official capacity. See Will v. Michigan Dept. of State Police, 491 U.S. 58, 71, 109 S.Ct. 2304, 105 L.Ed.2d 45 (1989) (“We hold that neither a state nor its officials acting in their official capacities are 'persons’ under § 1983.”); see also Gulledge v. Smart, 691 F.Supp. 947 (D.S.C.1988) aff'd 878 F.2d 379 (4th Cir.1989) Options: A. holding that a newly elected county sheriff was responsible under applicable texas law for the decision not to rehire sheriffs deputies who had campaigned for the ousted incumbent B. holding that in south carolina sheriffs and deputies are state officials C. holding that south carolina waived eleventh amendment immunity where county treasurers empowered to act on behalf of the state litigated state claims in federal court represented by the state attorney general D. holding that 1324 preempted south carolina law creating state crimes for harboring both relating to harborers and aliens themselves E. holding that sheriffs deputies were not employed in the service of marshall county and that the county personnel board therefore had no jurisdiction to review their respective terminations ordered by the sheriff

assistant: The best answer is B. holding that in south carolina sheriffs and deputies are state officials
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 parties agree to maintain the confidentiality of the existence of this Agreement and the transactions contemplated hereunder, unless disclosure is required by law, except that Buyers shall be entitled to disclose the terms of this Agreement to their attorneys, accountants, financing sources, third party agents, investors, and other advisors, provided, such persons agree to keep the terms of this Agreement confidential.

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: Except as otherwise specified in the Perfection Certificate or reported pursuant to Section 6.2( j ), there are no actions or proceedings pending or, to the knowledge of the Responsible Officers, threatened in writing by or against Borrower or any of its Subsidiaries involving more than Fifty Thousand Dollars ($50,000 .00 ) individually or Two Hundred Fifty Thousand Dollars ($250,000 .00 ) in the aggregate at any time .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns permitted hereby (including any Affiliate of any Issuing Bank that issues any Letter of Credit), except that (i) neither the Borrower may assign, delegate or otherwise transfer any of its rights or obligations hereunder without the prior written consent of the Administrative Agent and each Lender (and any attempted assignment, delegation or transfer by the Borrower without such consent shall be null and void) and (ii) no Lender may assign, delegate or otherwise transfer its rights or obligations hereunder except in accordance with this Section. Nothing in this Agreement, expressed or implied, shall be construed to confer upon any Person (other than the parties hereto, their respective successors and assigns permitted hereby (including any Affiliate of any Issuing Bank that issues any Letter of Credit), Participants (to the extent provided in paragraph (c) of this Section), the Arrangers, the Syndication Agents, the Documentation Agents and, to the extent expressly contemplated hereby, the Related Parties of any of the Administrative Agent, any Arranger, any Syndication Agent, any Documentation Agent, any Issuing Bank and any Lender) any legal or equitable right, remedy or claim under or by reason of this Agreement.

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 legal provision and list the applicable contract clause categories. Provision: If any provision of this Agreement is held invalid or unenforceable by any court of competent jurisdiction, the other provisions of this Agreement shall remain in full force and effect. The Parties further agree that if any provision contained herein is, to any extent, held invalid or unenforceable in any respect under the Laws governing this Agreement, they shall take any actions necessary to render the remaining provisions of this Agreement valid and enforceable to the fullest extent permitted by Law and, to the extent necessary, shall amend or otherwise modify this Agreement to replace any provision contained herein that is held invalid or unenforceable with a valid and enforceable provision giving effect to the intent of the Parties to the greatest extent legally permissible.

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 legal provision and list the applicable contract clause categories. Provision: In the event that any dividend or other distribution (whether in the form of cash, Shares, other securities or other property), recapitalization, stock split, reverse stock split, reorganization, merger, consolidation, split-up, spin-off, combination, repurchase or exchange of Shares or other securities of the Company, issuance of warrants or other rights to purchase Shares or other securities of the Company or other similar corporate transaction or event affects the Shares such that an adjustment is necessary in order to prevent dilution or enlargement of the benefits or potential benefits intended to be made available under the Plan, then the Committee shall, in such manner as it may deem equitable, adjust any or all of (i) the number and type of Shares (or other securities or other property) that thereafter may be made the subject of Awards, (ii) the number and type of Shares (or other securities or other property) subject to outstanding Awards, (iii) the purchase price or exercise price with respect to any Award and (iv) the limitations contained in Section 4(d) of the Plan; provided , however , that the number of Shares covered by any Award or to which such Award relates shall always be a whole number. Such adjustment shall be made by the Committee or the Board, whose determination in that respect shall be final, binding and conclusive.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Subject to the limitations in Section 5, to the extent that Indemnitee is or may be, by reason of Indemnitee’s Corporate Status, made a witness or otherwise asked to participate in any Proceeding, whether instituted by the Company or any other party, and to which Indemnitee is not a party, Indemnitee shall be advanced all reasonable Expenses and indemnified against all Expenses actually and reasonably incurred by Indemnitee or on Indemnitee’s behalf in connection therewith within ten days after the receipt by the Company of a statement or statements requesting any such advance or indemnification from time to time, whether prior to or after final disposition of such Proceeding. Such statement or statements shall reasonably evidence the Expenses incurred by Indemnitee.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as disclosed in the Borrower’s ’34 Act Reports, there are no actions, suits or proceedings pending nor, to its knowledge, threatened in writing against the Borrower or any Subsidiary thereof or any of their respective properties in any court or before any arbitrator of any kind or before or by any Governmental Authority that would reasonably be expected to have a Material Adverse Effect.

assistant: Litigations
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 Committee may amend, modify or terminate this Certificate without approval of Grantee; provided, however, that such amendment, modification or termination shall not, without Grantee’s consent, reduce or diminish the value of this award determined as if it had been fully vested (i.e., as if all restrictions onthe Units hereunder had expired) on the date of such amendment or termination.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: linden lab may suspend or terminate your account if you violate this agreement , along with any or all other accounts held by you or otherwise related to you , as determined by linden lab in its discretion , and your violation of this agreement shall be deemed to apply to all such accounts .

assistant: 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 legal provision and list the applicable contract clause categories. Provision: The Company may enter into agreements with the Managing Member or any Officer to provide for indemnification consistent with the terms and conditions set forth in this Section 7.10 . Unless otherwise agreed by the Managing Member, the Company shall maintain insurance, at its expense, on its own behalf and on behalf of the Indemnitees against any liability asserted against him or her and incurred by him or her in any such capacity, whether or not the Company would have the power to indemnify such person against such liability under this Section 7.10 .

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: if we do this , we will post a notice that we have made changes to these terms and conditions on the websites for at least 7 days after the changes are posted and will indicate at the bottom of the terms and conditions the date these terms were last revised .

assistant: None