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: and the letter from the Department to the Sentencing Commission ... [the] brief controls and [the] brief represents the official position of the Justice Department on this issue in the case of people like the ones here who have their money stolen from their accounts by debit and who from our perspective do suffer [a] pecuniary harm, albeit it a temporary one.” 13 . Other circuits that have found that temporary losses do not constitute actual pecuniary harm and do not bring their bearers within section 2Bl.l’s definition of "victim” have nonetheless concluded that secondary financial harms, such as the cost of time spent seeking reimbursement, can render reimbursed individuals "victims” within the meaning of the guideline. See United States v. Abiodun, 536 F.3d 162, 169 (2nd. Cir.2008) (<HOLDING>); Pham, 545 F.3d at 721 (same). In addition to Options: A. holding that the cost of time spent seeking reimbursement can render reimbursed individuals victims within the meaning of section 2b11 so long as time cost losses are included in the subsection b1 loss calculation B. holding that the district court was correct in dismissing the section 1782 application as moot because at that time there were no foreign proceedings within the meaning of the statute in which the discovery could be used C. holding that the plaintiff could not recover fees for time spent on unsuccessful motions D. holding time spent on electronic monitoring while on bail release does not constitute custody within meaning of sentencing credit statute E. holding that the relevant time is the time of the employment decision

assistant: The best answer is A. holding that the cost of time spent seeking reimbursement can render reimbursed individuals victims within the meaning of section 2b11 so long as time cost losses are included in the subsection b1 loss calculation
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of its revisory power to afford a party relief from an enrolled judgment is thus in the nature of an equitable remedy. By amending F.L. § 5-1038(a) to add a new basis on which the court may exercise its power to grant relief from an enrolled judgment of paternity, the General Assembly affected a remedy by broadening it. So long as by doing so it did not create a new substantive right or disturb a preexisting substantive right, the statutory amendment is remedial and is presumed to apply retrospectively. We will return to that topic shortly. An enactment also may be regarded as “remedial in nature” if its object is to correct existing law, “to redress existing grievances[,] and to introduce regulations conducive to the public good.” State v. Barnes, 273 Md. 195, 208, 328 A.2d 737 (1974)(<HOLDING>). As such, remedial statutes “are to be Options: A. recognizing that the interstate nexus requirement is satisfied by proof of a probable or potential impact on interstate commerce B. holding that the government can satisfy the hobbs act interstate commerce requirement by showing that the robbery resulted in the closure of a business engaged in interstate commerce C. holding remedial in nature the interstate agreement on detainers act of 1965 D. holding after lopez that the interstate nexus element of the hobbs act still requires the government to show only a minimal connection to interstate commerce E. holding that in the context of hobbs act prosecutions an indictment need not set forth facts alleging how interstate commerce was affected nor otherwise state any theory of interstate impact

assistant: The best answer is C. holding remedial in nature the interstate agreement on detainers act of 1965
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 every meeting of the Members, the presiding officer shall be the Manager or, in the event of his, her or its absence or disability, a presiding officer chosen by those Members present in person or by proxy holding in the aggregate a majority of the Company Interests. The Manager or any other person appointed by him, her or it shall act as secretary of the meeting. The order of business and all other matters of procedure at every meeting of Members may be determined by such presiding officer.

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: This Agreement shall be governed and construed in accordance with the internal laws of the State of Texas without resort to choice of law principles. The provisions of Paragraphs 7(D), 8, 9, and 10 shall survive the termination of this Agreement for any reason whatsoever.

assistant: Survival
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: Leocal v. Ashcroft, 543 U.S. 1, 10, 125 S.Ct. 377, 160 L.Ed.2d 271 (2004) (“The reckless disregard in [18 U.S.C.] § 16 relates not to the general conduct or to the possibility that harm will result from a person’s conduct, but to the risk that the use of physical foi'ce against another might be required in committing a crime. The classic example is burglary. A burglary would be covered under § 16(b) not because the offense can be committed in a generally reckless way or because someone may be injured, but because burglary, by its nature, involves a substantial risk that the burglar will use force against a victim in completing the crime.”) (footnote omitted). Leocal addressed a generic burglary, but in United States v. Becker, 919 F.2d 568 (9th Cir. 1990), we held that Ca Cir.2011) (<HOLDING>); United States v. M.C.E., 232 F.3d 1252, 1255 Options: A. holding that the texas offense of possession of a prohibited weapon could only qualify as a crime of violence under the residual clause of 4b12a2 B. holding that california residential burglary is categorically a crime of violence under the residual clause of ussg 4b12a2 which requires the criminal conduct to present a serious potential risk of physical injury to another C. holding that begay rejected that circuits earlier approach under which an offense presented a serious potential risk of physical injury to another if the offense conduct had the potential for serious physical injury to another D. holding that attempted burglary under florida law qualified as a crime of violence under the armed career criminal act 18 usc 924e2biihereinafter acca because it involves conduct that presents a serious potential risk of physical injury to another E. holding that 459 is categorically a crime of violence under guidelines 4b12a2 because the usual or ordinary firstdegree burglary in california involves conduct that presents a serious risk of physical violence and injury to others

assistant: The best answer is B. holding that california residential burglary is categorically a crime of violence under the residual clause of ussg 4b12a2 which requires the criminal conduct to present a serious potential risk of physical injury to another
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Each Party agrees (i) to execute and deliver, or to cause to be executed and delivered, all such other and further agreements, documents and instruments and (ii) to take or cause to be taken all such actions as the other Party may reasonably request to effectuate the intent and purposes, and to carry out the terms, of this Agreement.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: if you reside outside the united states , you are entering into this contract with linkedin ireland u.c. and your personal data provided to , or collected by or for , our services is controlled by linkedin ireland u.c.

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: The Partnership shall terminate when all of the assets of the Partnership, after payment of or due provision for all debts, liabilities and obligations of the Partnership, shall have been distributed to the holders of Units in the manner provided for in this Article IX, and the relevant declaration has been filed under the Act.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: erroneous deprivation is "primarily temporal,” as “there is little concern that in the Article 78 proceeding a plaintiff who is legally entitled to the return of confiscated longarms will ultimately be denied a proper remedy.” Razzano, 765 F.Supp.2d at 188 (emphasis added). But a lengthy deprivation can be enough to violate the Fourteenth Amendment right to due process. Cf. Fusari v. Steinberg, 419 U.S. 379, 389, 95 S.Ct. 533, 42 L.Ed.2d 521 (1975) ("[T]he possible length of wrongful depriva tion ... is an important factor in assessing the impact of official action on the private interests.... the rapidity of ... review is a significant factor in assessing the sufficiency of the entire process.”); Cty. of Nassau v. Canavan, 1 N.Y.3d 134, 770 N.Y.S.2d 277, 802 N.E.2d 616, 623-24 (2003) (<HOLDING>). 10 . In any event, the hearing ordered by the Options: A. recognizing the potential length of the deprivation in evaluating whether a procedure is adequate B. holding that idea administrative procedures provided an adequate post deprivation remedy C. holding that deprivation of personal property does not violate the constitution if there are adequate state remedies available D. holding that a prior hearing is not required where the potential length or severity of the deprivation does not indicate a likelihood of serious loss and where the procedures are sufficiently reliable to minimize the risk of erroneous determination E. holding postdeprivation remedy is adequate even when deprivation was intentional

assistant: The best answer is A. recognizing the potential length of the deprivation in evaluating whether a procedure is adequate
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: NuLeaf Production has filed all required state, federal and local income tax returns and has paid all taxes which are due and payable and knows of no basis for any additional assessment of taxes, including an audit or other proceeding by any taxing authority, the existence of an encumbrance or lien for unpaid taxes, and taxes deriving from related entities or other ownership interests of NuLeaf Production.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: CURIAM. Michael Adrian Thomas appeals from the district court’s order denying his 28 U.S.C.A. § 2255 (West Supp.2000) motion. On appeal, Thomas argues only issues not raised in district court. We decline to consider these claims for the first time on appeal. See First Va. Banks, Inc. v. BP Exploration & Oil Inc., 206 F.3d 404, 407 n. 1 (4th Cir.2000) (declining to consider issues raised for the first time on appeal); Muth v. United States, 1 F.3d 246, 250 (4th Cir .1993) (<HOLDING>). Therefore, we deny a certificate of Options: A. holding that issues raised for the first time on appeal are generally waived absent exceptional circumstances B. holding claims raised for first time on appeal will not be considered absent exceptional circumstances C. holding that issues raised for the first time on appeal will not be considered D. recognizing that issues raised for first time on appeal generally are not considered absent exceptional circumstances E. holding that issues raised for the first time on appeal will not be considered absent exceptional circumstances of plain error or fundamental miscarriage of justice

assistant: The best answer is E. holding that issues raised for the first time on appeal will not be considered absent exceptional circumstances of plain error or fundamental miscarriage of justice
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 Buyer nor the Seller shall issue any press release or public announcement concerning this Agreement or the transactions contemplated hereby without obtaining the prior written approval of the other party hereto, which approval will not be unreasonably withheld or delayed, unless disclosure is otherwise required by applicable Law or by the applicable rules of any stock exchange on which the Buyer or its Affiliates lists securities.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Ed., Charleston Reorganized School Dist. No. 1, 599 S.W.2d 254, 255-56 (Mo.App.1980). There is no requirement, however, that any board member actually sign the written decision. See Willis v. School Dist. of Kansas City, 606 S.W.2d 189, 196 (Mo.App.1980) (applying this rule to the termination of a tenured teacher rendered pursuant to §§ 168.118-.120); Brown v. Weir, 675 S.W.2d 135, 138-40 (Mo.App.1984) (applying the same rule to the termination of a teacher pursuant to § 168.221). The relevant question is simply whether the document containing the findings of fact, conclusions of law and decision signed by Board President Riffle represents the written decision of the Board. See, e.g., Moesch v. Moniteau County R-1 School District Board of Education, 257 S.W.3d 661, 662-64 (Mo.App.2008) (<HOLDING>); Willis, 606 S.W.2d at 196 (holding that the Options: A. holding that petitioners status as school board members does not permit them to step into the shoes of the school board and invoke its right to appeal B. holding that an associations president who was not a party before the board of appeals was not entitled to appeal the boards decision granting a zoning application that his association had opposed in the board proceedings C. holding that a reviewing court is not to substitute its decision for that of the board D. holding that the district court was authorized to remand the proceedings to the board where the board failed to make required findings E. holding that the findings of fact conclusions of law and decision signed by the school board president constituted the decision of the board

assistant: The best answer is E. holding that the findings of fact conclusions of law and decision signed by the school board president constituted the decision of the board
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 for matters covered under paragraph 11, in the event of any dispute or difference between the Company and the Executive with respect to the subject matter of this Agreement and the enforcement of rights hereunder, either the Executive or the Company may, by written notice to the other, require such dispute or difference to be submitted to arbitration. The arbitrator or arbitrators shall be selected by agreement of the parties or, if they cannot agree on an arbitrator or arbitrators within 30 days after the date arbitration is required by either party, then the arbitrator or arbitrators shall be selected by the American Arbitration Association (the “AAA”) upon the application of the Executive or the Company. The determination reached in such arbitration shall be final and binding on both parties. Execution of the determination by such arbitrator may be sought in any court of competent jurisdiction. The arbitrators shall not be bound by judicial formalities and may abstain from following the strict rules of evidence and shall interpret this Agreement as an honorable engagement and not merely as a legal obligation. Unless otherwise agreed by the parties, any such arbitration shall take place in Stamford, Connecticut.

assistant: Arbitration
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 pledgor under the Pledge Agreement is the record and beneficial owner of, and has good title to, the Collateral pledged thereunder, free and clear of all Liens whatsoever except the Permitted Encumbrances, such other Liens as are permitted pursuant to the Loan Documents and the Liens created by the Loan Documents. The Permitted Encumbrances in the aggregate do not have a Material Adverse Effect. The Pledge Agreement, together with the UCC Financing Statements relating to the Collateral when properly filed in the appropriate records and Borrower’s delivery of the certificates as set forth in Section 2(b) of the Pledge Agreement to Collateral Agent, will create a valid, perfected first priority security interest in and to the Collateral, all in accordance with the terms thereof, in each case subject only to any applicable Permitted Encumbrances, such other Liens as are permitted pursuant to the Loan Documents and the Liens created by the Loan Documents. No creditor of Borrower other than Collateral Agent (on behalf of the Lenders) has in its possession any certificates or other documents that constitute or evidence the Collateral or the possession of which would be required to perfect a security interest in the Collateral.

assistant: Titles
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: v Martin, 367 Mass 404; 326 NE2d 12 (1975) (necessary means "wise in the light of facts known at the time rendered”); and Group Hospitalization, Inc v Levin, 305 A2d 248 (DC App, 1973) ("necessary” means "reasonably calculated to shorten and relieve an ordeal of agonizing pain and thereby effectuate the most rapid recovery possible”). Reference to McLaughlin v Connecticut General Life Ins Co, 565 F Supp 434 (ND Cal, 1983), illustrates that Free’s list of definitions was not exhaustive. McLaughlin cites, inter alia, Fassio v Montana Physician’s Service, 170 Mont 320; 553 P2d 998 (1976) (finding that the language "necessary services” requires only that services be prescribed and performed by a licensed physician), and Aetna Life Ins Co v Sanders, 127 Ga App 352; 193 SE2d 173 (1972) (<HOLDING>). Moreover, McLaughlin provides a new Options: A. holding that the language necessary to the treatment should be construed to accord great weight to a physicians recommendation B. holding 362h should be construed more broadly than its literal language and should be read in conjunction with all of 362 C. holding that if a document is facially clear it will be construed according to its language D. holding that railroad immunity act should be strictly construed E. holding that criminal statutes of limitation should be construed in favor of the accused

assistant: The best answer is A. holding that the language necessary to the treatment should be construed to accord great weight to a physicians recommendation
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as otherwise provided in Sections 4 and 5 of this Award Agreement, [Percentage] of the Restricted Shares will vest on each of [ ], [ ], [ ], [ ] and [ ] (each date, a “ Vesting Date ”), provided that, in the event the applicable date occurs during a Firmwide Blackout Period (as defined in the Company’s Code of Ethics), the Vesting Date shall be the first trading day following such period. There shall be no proportionate or partial vesting in the period prior to a Vesting Date and vesting shall occur only on a Vesting Date, provided that the Grantee remains continuously in the Employment of the Company through such Vesting Date. If the percentage of the aggregate number of Restricted Shares scheduled to vest on a Vesting Date is not a whole number, then the amount of Restricted Shares vesting shall be rounded down to the nearest whole number of Restricted Shares for each Vesting Date, except that the amount of Restricted Shares vesting on the final Vesting Date shall be such that 100% of the aggregate number of Restricted Shares shall be cumulatively vested as of the final Vesting Date.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: you acknowledge that third party transportation providers providing transportation services requested through some request brands may offer ridesharing or peer-to-peer transportation services and may not be professionally licensed or permitted .

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: multiple qualifying drug offenses as the result of a single criminal episode would still be eligible for treatment under this amendment upon reof-fending a second time. However, the summary, when considered alone, gives voters the impression that a first-time offender who committed two qualifying offenses as the result of a single criminal episode (e.g., a defendant charged with possession of cocaine and possession of drug paraphernalia resulting from a single lawful search of her pocket), would only qualify once for treatment under this amendment. Thus, the summary’s use of “first two offenses” does not accurately describe the wide scope of the amendment’s text. See Advisory Opinion to the Attorney Gen. re Casino Authorization, Taxation and Regulation, 656 So.2d 466, 469 (Fla.1995) (<HOLDING>). Second, the term “legislative implementation” Options: A. holding that it may not B. holding that the courts grant of summary judgment did not violate the plaintiffs seventh amendment right to a jury trial and describing the plaintiffs argument that it did as very misleading C. holding that no jury could reasonably fail to find that it was objectively reasonable for the officers to take the actions they did when the only invasion of privacy that occurred was entry and an emergency sweep a search of the premises was not conducted until the magistrate informed of what the officers had learned on the scene prior to entry explicitly authorized a search of the third house D. holding that the amendments summary was misleading because it could lead voters to believe that only operational floating vessels may house casinos when the amendment authorized casinos on stationary and nonstationary riverboats and us registered commercial vessels E. holding that defendant staying in abandoned house had no legitimate expectation of privacy in the house despite having a key to the house and the ability to let people in and out of it

assistant: The best answer is D. holding that the amendments summary was misleading because it could lead voters to believe that only operational floating vessels may house casinos when the amendment authorized casinos on stationary and nonstationary riverboats and us registered commercial vessels
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 Lenders severally agree to indemnify the Designated Agent (to the extent not reimbursed by the Borrower but without affecting the Borrower’s obligations with respect thereto), ratably according to the respective principal amounts of Advances then owing to each of them (or, if no Advances are at the time outstanding or if any Advances are then owing to Persons which are not Lenders, ratably according to the respective amounts of their Commitments), from and against any and all liabilities, obligations, losses, damages, penalties, actions, judgments, suits, costs, expenses or disbursements of any kind or nature whatsoever which may be imposed on, incurred by or asserted against the Designated Agent in any way relating to or arising out of this Agreement or any action taken or omitted by the Designated Agent under this Agreement in its capacity as such; provided that no Lender shall be liable for any portion of such liabilities, obligations, losses, damages, penalties, actions, judgments, suits, costs, expenses or disbursements resulting from the Designated Agent’s gross negligence or willful misconduct. Without limitation of the foregoing, each Lender agrees to reimburse the Designated Agent promptly upon demand for its ratable share of any out-of-pocket expenses (including reasonable counsel fees) incurred by the Designated Agent in connection with the preparation, execution, delivery, administration, modification, amendment or enforcement (whether through negotiations, legal or bankruptcy proceedings or otherwise) of, or legal advice in respect of rights or responsibilities under, this Agreement, to the extent that the Designated Agent is not reimbursed for such expenses by the Borrower.

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 case excerpt and choose the best holding from the options. Case excerpt: should be credited against his sentence. A magistrate judge recommended that his petition be denied, and the district court adopted that recommendation. This appeal ensued. Dawson has completed his term of incarceration; he currently resides in Birmingham, Alabama, and is serving his period of supervised release. II. DISCUSSION A. Statutory Interpretation “The judiciary is the final authority on issues of statutory construction,” Chevron, U.S.A., Inc. v. National Resources Defense Council, Inc., 467 U.S. 837, 843 n. 9, 104 S.Ct. 2778, 2781 n. 9, 81 L.Ed.2d 694 (1984); “[w]e review a district court’s interpretation and application of a statute de novo,” F.D.I.C. v. S & I 85-1, Ltd., 22 F.3d 1070, 1071 (11th Cir.1994). See James v. United States, 19 F.3d 1, 2 (11th Cir.1994) (per curiam) (<HOLDING>). To interpret a statute administered by an Options: A. holding that whether a statute affects sentencing is a question of law subject to de novo review B. holding that whether a statute has been properly construed is a question of law subject to de novo review C. recognizing that the constitutionality of a statute is a question of law subject to de novo review D. holding that review of the construction of a sentencing statute is de novo E. holding statutory interpretation is subject to de novo review

assistant: The best answer is A. holding that whether a statute affects sentencing is a question of law subject to de novo review
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: must have a reasonable belief that the officer’s safety, or the safety of others, is in danger before ordering a driver out of a motor vehicle. The fact that we do not follow Mimms [II] in this type of case necessarily leads to the conclusion that we shall not follow Wilson either, because Wilson extends Mimms [II] in a manner incompatible with the rights guaranteed Massachusetts citizens under art. 14.”); State v. Smith, 134 N.J. 599, 637 A.2d 158, 166 (1994) (concluding that under Article I, Paragraph 7 of the New Jersey Constitution, an officer must have “some quantum of individualized suspicion” before asking a passenger to step out of a vehicle, because the request, although not a major intrusion, is nevertheless an intrusion); State v. Kim, 68 Haw. 286, 711 P.2d 1291, 1294 (1985) (<HOLDING>). In general, these decisions provide broader Options: A. holding that under article i section 7 of the hawaii constitution a police officer must have at least a reasonable basis of specific articulable facts to believe a crime has been committed to order a driver out of a car after a traffic stop B. holding that a traffic stop is valid under the fourth amendment if the stop is based on an observed traffic violation or if the police officer has reasonable articulable suspicion that a traffic or equipment violation has occurred or is occurring C. holding that a police officer may stop a driver where the officer has a reasonable and articulable suspicion regarding the commission of a civil traffic violation D. holding that a traffic stop is reasonable under the fourth amendment when police have probable cause to believe a traffic infraction has occurred E. holding that when a police communique has been issued on the basis of articulable facts supporting a reasonable suspicion any authorized officer may make an investigatory stop on the basis of that bulletin even though the officer making the stop is not aware of the underlying facts

assistant: The best answer is A. holding that under article i section 7 of the hawaii constitution a police officer must have at least a reasonable basis of specific articulable facts to believe a crime has been committed to order a driver out of a car after a traffic stop
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 rates exceeding the statutory cap under the EAJA. The Court reasoned that the factor of “the results obtained” is “applicable to a broad spectrum of litigation” and is “little more than routine reasons why market rates are what they are.” Id. Likewise, “the result obtained” here is too “generally applicable” as a factor to constitute a “special” reason for exceeding the statutory cap. The circuit court also relied on the fact that the Division vigorously pursued Cooling and opposed payment of attorney’s fees, resulting in prolonged litigation and repeated appearances in courts. However, that is relevant to the number of hours expended and whether they are reasonable under the statute, not the rate of attorney’s fees. See Estate of Cervin v. C.I.R., 200 F.3d 351, 357 (5th Cir. 2000) (<HOLDING>). Cooling fails to demonstrate why the Options: A. holding that with respect to the eaja the local or national market rate for legal services cannot be a special factor used to increase the rate beyond the statutory rate B. holding under special circumstances exception that where one or more ineligible parties are willing and able to pursue the litigation against the united states the parties eligible for eaja fees should not be able to take a free ride through the judicial process at the governments expense C. holding res judicata did not bar current litigation when prior litigation between the parties involved one breach of obligation under a joint venture agreement and instant litigation was based upon a different cause of action from a subsequent interference with the same agreement D. holding that the governments litigation position which allegedly prolonged the litigation cannot be a special factor warranting an increase above the statutorily allowed 75 per hour under the eaja E. holding that to qualify for a special factor increase the attorney must have some distinctive knowledge or specialized skill needful for the litigation in question

assistant: The best answer is D. holding that the governments litigation position which allegedly prolonged the litigation cannot be a special factor warranting an increase above the statutorily allowed 75 per hour under the eaja
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: may initiate a separate suit, in federal court pursuant to 28 U.S.C. § 1345, to foreclose on its lien on the attached property. Note that the United States’ lien, if senior, may be preserved even if the United States does not withdraw from the state proceedings, and even if those proceedings end in a judgment against the United States, unless the plaintiff can point to some statutory authority for waiver of the United States’ sovereign immunity. The United States’ voluntary intervention would not appear to constitute a waiver, because the United States Attorney has no power, in the absence of statutory authority, to waive the United States’ sovereign immunity. Armstrong v. United States, 283 F.2d 122 (3rd Cir.1960); contrast United States v. Brosnan, 363 U.S. at 252, 80 S.Ct. at 1117 (<HOLDING>). As a second alternative ground for removal, Options: A. holding that sovereign immunity does not bar extinguishment of united states junior lien in proceeding in which united states was not a party B. holding that the ats does not waive the united states sovereign immunity C. holding that the united states is liable for interest only in the event of a clear statutory waiver of sovereign immunity D. holding that in statute authorizing suits against united states limits time period in which such suits may be brought united states retains its sovereign immunity as to any suits brought outside of that time period therefore court does not have subject matter jurisdiction over suit against united states that is barred by statute of limitations E. holding that sovereign immunity bars an attorneys lien against the united states

assistant: The best answer is A. holding that sovereign immunity does not bar extinguishment of united states junior lien in proceeding in which united states was not a party
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: read to give these words effect in light of the law in certain states, under the plain meaning rule, Green Tree’s position must fail. Herrin, 2007 WL 1975573, at *3. The debtor’s position is also supported by the leading commentators on the Bankruptcy Code. Collier on Bankruptcy states, “[o]nly if a mobile home or cooperative is real property under applicable non-bankruptcy law would the limitations on modification apply, even though the mobile home or cooperative is considered the debtor’s principal residence.” 8 Collier on Bankruptcy ¶ 1322.06[1][a][ii] (Lawrence P. King et al. eds., 15th ed. Revised 2005). Moreover, ignoring the term “real property” within § 1322(b)(2) is contrary to the rules of statutory interpretation. See Discover Bank v. Vaden, 396 F.3d 366, 369 (4th Cir.2005) (<HOLDING>) This Court does not believe that the result in Options: A. recognizing courts must interpret statutes to give effect to all language used rendering no portion meaningless or superfluous B. holding courts must give effect to every provision and word in a statute and avoid any interpretation that may render statutory terms meaningless or superfluous C. holding that effect must be given if possible to every clause and word of a statute D. holding that courts must give effect to every word when interpreting a statute E. holding principle of statutory construction is to give effect to every clause and word of a statute

assistant: The best answer is B. holding courts must give effect to every provision and word in a statute and avoid any interpretation that may render statutory terms meaningless or superfluous
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: Use the proceeds of the Loans hereunder for capital expenditures, working capital and other general corporate purposes, including refinancing of existing indebtedness and not request any Borrowing, nor use, and shall procure that its Subsidiaries and its or their respective directors, officers, employees and agents shall not use, the proceeds of any Borrowing directly or indirectly (i) for the purpose of funding, financing or facilitating any acquisition for which the Board of Directors of the Person to be acquired (or whose assets are to be acquired) shall have indicated publicly its opposition to the consummation of such acquisition (which opposition has not been publicly withdrawn), (ii) in furtherance of an offer, payment, promise to pay, or authorization of the payment or giving of money, or anything else of value, to any Person in violation of any Anti-Corruption Laws, (iii) for the purpose of funding, financing or facilitating any activities, business or transaction of or with any Sanctioned Person, or in any Sanctioned Country or (iv) in any manner that would result in the violation of any Sanctions applicable to any party hereto.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: ignoring the “series of events” that occurred between May 2006 and January 2007, and that those events establish the requisite causal connection. The anti-retaliation provision of the FCRA prohibits an employer from discriminating against a person for opposing an unlawful employment practice or for making a charge of discrimination. Fla. Stat. § 760.10(7). The district court correctly found that Jiles had not put forth any evidence to show a causal connection between the protected activity of his administrative charge of race discrimination in May 2006 and his January 2007 termination. Further, the district court did not err when it reasoned that the time-frame of eight months does not sufficiently proximate to establish a causal connection. Doc. 72 at 12; see Thomas, 506 F.3d at 1364 (<HOLDING>). We therefore find no error in the district Options: A. holding that a three to four month period between the protected activity is not enough to show very close temporal proximity B. holding that a three and onehalf month temporal proximity is insufficient to create a jury issue on causation C. recognizing temporal proximity when agency had knowledge of employees protected activity D. holding in a discrimination case that a close temporal proximity sufficient to survive summary judgment existed where the challenged employment action occurred one month after the protected activity E. holding that a temporal proximity of one month between the plaintiffs protected activity and adverse employment action was sufficient to establish a causal connection

assistant: The best answer is A. holding that a three to four month period between the protected activity is not enough to show very close temporal proximity
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 Volkswagen’s papers was reasonable. We acknowledge at the outset that, although the district court did not explicitly consider whether the request to see the Volkswagen’s papers was reasonable in context, our conclusion that it was may conflict with the court’s dicta that Rugen had no basis to detain Hornbecker for reasons unrelated to the traffic stop. After all, the request came after Rugen learned that there was no outstanding warrant for Hornbecker and that Horn-becker’s license and registration were valid; it thus prolonged the detention beyond the point at which it might otherwise be expected to have concluded. But we are obliged in these circumstances to reach our own, independent judgment about the reasonableness of the request. Ornelas, 517 U.S. at 697-98, 116 S.Ct. 1657 (<HOLDING>). In assessing the reasonableness of Rugen’s Options: A. holding that credibility determinations are for the jury B. holding that determinations of reasonable suspicion for investigative stops and probable cause to perform warrantless searches should be reviewed de novo by appellate courts C. holding that a prima facie case is subject to independent review D. holding that ultimate determinations of reasonable suspicion are subject to independent appellate review E. holding that appellate review of an administrative agencys factual determinations is circumscribed

assistant: The best answer is D. holding that ultimate determinations of reasonable suspicion are subject to independent appellate review
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as otherwise provided in this Agreement, each Party reserves to itself all rights, counterclaims, other remedies and defenses that such Party is or may be entitled to arising from or out of this Agreement or as otherwise provided by Applicable Law.

assistant: Remedies
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: no applicable county ordinance, order, or rule regulating noise exists. Appellants, in their fourth issue, argue that “Texas recently signed into law the Gun Range Protection Act, which prohibits [the homeowners] from suing High Noon for injunc- tive relief or abatement of a nuisance relating to the discharge of firearms.” Appellants’ second, third, and fourth issues are in fact unresolved contested issues in the underlying case. The state of the law on these matters, and how the law applies to the particular facts of this case, is unclear, especially at the temporary injunction stage of the proceedings. These issues are best left to be determined at a full trial on the merits. See Tex. Dep’t of State Health Servs. v. Holmes, 294 S.W.3d 828, 333-34 (Tex.App.-Austin 2009, pet. denied) (<HOLDING>) (citing In re Newton, 146 S.W.3d at 651; City Options: A. holding that trial court did not commit reversible error when it submitted admissibility of evidence question to jury because the trial court had independently decided the question B. holding that the trial court did not abuse its discretion in denying defendants motion for mistrial where the trial court sustained defendants objections to a question by the prosecutor containing improper information and instructed the jury to disregard the question C. holding that trial court does not abuse discretion in issuing temporary injunction when question of whether challenged activity constitutes illegal conduct is the central question of the suit and should be determined with a full trial on the merits D. holding in part that the trial court abused its discretion in granting a temporary injunction in the absence of a showing that the plaintiff did not have an adequate remedy at law E. holding that trial court did not abuse its discretion by granting such a temporary injunction

assistant: The best answer is C. holding that trial court does not abuse discretion in issuing temporary injunction when question of whether challenged activity constitutes illegal conduct is the central question of the suit and should be determined with a full trial on the merits
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Any provision of this Third Amendment that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.

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: The Borrower will maintain and preserve and, subject to the provisions of clauses (w) , (x) , (y) , and (z) of Section 10.11 , cause each Restricted Subsidiary to maintain and preserve, its existence as a limited liability company, partnership or corporation, as the case may be, and keep in force and effect all rights, privileges, licenses, patents, patent rights, copyrights, trademarks, trade names, franchises and other authority to the extent material and necessary for the conduct of its business in the ordinary course as conducted from time to time.

assistant: Existence
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 with respect to any such time as Tenant is a corporation whose shares are traded on a US public securities exchange, Tenant shall within 30 days after receipt of written request from Landlord but, so long as no Event of Default exists, not more frequently than once within any twelve-month period, provide to Landlord, for the benefit of Landlord, Mortgagee and any prospective investors, Mortgagee or purchaser of the Premises (i) a balance sheet and profit and loss statement of Tenant for Tenant’s most recent fiscal year, and (ii) a detailed operating statement of the Premises for the most recent calendar year (collectively, “ Financial Statements ”).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Employee understands that this Agreement shall be null and void if not executed by Employee, and returned to the Company, within the twenty-one (21) day period set forth above. Each Party has seven (7) days after that Party signs this Agreement to revoke it. This Agreement will become effective on the eighth (8th) day after Employee signed this Agreement, so long as it has been signed by the Parties and has not been revoked by either Party before that date (the “Effective Date”).

assistant: Effective Dates