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: is supported by the weight of authority from other states. Com. v. Dent, 992 A.2d 190, 192 (Pa. Super. 2010), is the most recent and definitive case on the issue. In Dent, the Pennsylvania court was confronted with this question in the specific context of Texas Hold’Em. The court applied the predominate-factor test. 992 A.2d at 192-93. After reviewing the existing case law on whether poker was a game of chance or skill, the court found that “while the outcome of poker may be dependent on skill to some degree, it is predominately a game of chance. . . . [While] skill can determine die outcome in a poker game, players are still subject to defeat at the turn of the cards.” 992 A.2d at 196. See also Plato’s Cave Corp. v. State Liquor Authority, 115 App. Div. 2d 426, 496 N.Y.S.2d 436 (1985) (<HOLDING>). In Joker Club, L.L.C. v. Hardin, 183 N.C. Options: A. holding that deference to the guidelines depends on the thoroughness of the commissions analysis and the validity of its reasoning B. holding that the outcome of the case could have been different if the trial court had imposed the appropriate burden C. holding that the outcome depends materially on the draw of the cards D. holding that the inquiry into whether an employee was acting within the scope of his employment depends on the respondeat superior law of the state in which the tort occurred E. holding that a predominance finding depends on a courts choice of law analysis

assistant: The best answer is C. holding that the outcome depends materially on the draw of the cards
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 costs and expenses incurred in connection with this Agreement and the transactions contemplated hereby shall be paid by the Party incurring such costs and expenses. Notwithstanding the foregoing, the Company shall pay up to $4,000 of the Investor’s legal expenses.

assistant: Expenses
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 section headings contained in this Agreement (including, without limitation, section headings and headings in the exhibits and schedules) are inserted for reference purposes only and shall not affect in any way the meaning, construction or interpretation of this Agreement and the other Transaction Documents. Any reference to the masculine, feminine, or neuter gender shall be a reference to such other gender as is appropriate. References to the singular shall include the plural and vice versa.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The term of this Agreement (“ Term ”) shall commence on the date hereof and continue until terminated (x) by Flextronics for convenience, upon 30 days’ prior written notice to Enphase, (y) by Enphase on or after twenty-four months from the date hereof upon prior written notice to Flextronics, provided however, that if the date of the Initial Sale occurs after the first anniversary from the date hereof but before twenty-four months from the date hereof, then by Enphase on or after the first anniversary the Initial Sale, or (z) by either Party upon prior written notice to the other if the other Party defaults in the performance of any other material term or condition of this Agreement and such default continues unremedied for a period of 30 days after the delivery of written notice thereof by the terminating Party to the other Party.

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: fleeing truck — they engaged in a high speed pursuit of the truck, they set up rolling and stationary roadblocks and they fired shots that struck the truck’s tires, radiator and window. Id. at 1330-31. All these efforts were unsuccessful. The truck finally came to a stop after a police officer, attempting to disable the truck’s engine, fired a shot that struck David Cole in the forehead. Id. at 1331. The court held that the driver was seized only when he was struck by the bullet, concluding that the officers’ pursuit of the truck, the shots fired by the officers that struck the truck and the rolling and stationary roadblocks did not constitute a seizure because these assertions of authority failed to produce a stop. Id. at 1332-33; see also Brower, 489 U.S. at 597, 109 S.Ct. at 1381 (<HOLDING>) (first emphasis added); United States v. Options: A. holding a fourth amendment seizure oceurs when an officer fatally shoots a fleeing suspect B. holding that a fourth amendment seizure of a fleeing suspect occurs only when there is a governmental termination of freedom of movement through means intentionally applied C. holding that fifth amendment custody is a restraint on freedom of movement of the degree associated with a formal arrest D. holding that a fourth amendment violation entails governmental termination of freedom of movement through means intentionally applied E. holding that in the fourth amendment context a seizure of property occurs when there is some meaningful interference with an individuals possessory interests in that property

assistant: The best answer is B. holding that a fourth amendment seizure of a fleeing suspect occurs only when there is a governmental termination of freedom of movement through means intentionally applied
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: does not apply so as to preclude a new evidentiary hearing on the enhancement issue, we have still found no basis in the record to conclude the initial hearing on this issue was inadequate. The State has pointed to no error in the district court proceeding that would entitle the State to a new hearing, nor does the record reveal any other matter that hindered the prosecution’s ability to amend the trial information prior to that hearing in order to rely on other prior convictions. In sum, the State had a full and fair opportunity to support its accusation that the defendant was a habitual offender, but its evidence was insufficient. In view of these circumstances, the prosecution is not entitled to a second bite of the apple to remedy its failure of proof. Cf. Woody, 613 N.W.2d at 218 (<HOLDING>); M-Z Enters., Inc. v. Hawkeye-Sec. Ins. Co., Options: A. holding that addition of charge for crime committed while the defendant was released on bail did not discharge suretys obligation to produce the defendant on original charge B. holding that in conjunction an information with a narrow charge and an abstract of judgment indicating that a defendant pled guilty to that charge prove the precise elements of the offense to which the defendant pled guilty C. holding state was stuck with unenhanced conviction on reduced charge to which defendant pled guilty and prosecution could not reinstate original charge upon remand the state should bear the consequences of a decision that was based on the states wrong assumption that the habitualoffender statute applied D. holding that jurys failure to address first degree murder charge amounted to a verdict of not guilty on that charge E. holding circuit court had subject matter jurisdiction to accept a guilty plea where defendant was not indicted for the charge to which he pled guilty but signed a sentencing sheet which established defendant was notified of the charge to which he pled guilty

assistant: The best answer is C. holding state was stuck with unenhanced conviction on reduced charge to which defendant pled guilty and prosecution could not reinstate original charge upon remand the state should bear the consequences of a decision that was based on the states wrong assumption that the habitualoffender statute applied
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 all of the provisions of the Stock Unit Agreement, upon the last day of the Performance Period, the Participant shall become vested in such number of PSUs, if any, as determined under the schedule below, based on the average annual rate of return on equity attained by the Corporation for the Performance Period, but only if the Participant remains continuously employed by the Corporation or one of its Subsidiaries through the last day of the Performance Period; any PSUs that do not become vested in accordance with this Section 4(b) shall be forfeited and revert to the Corporation. The Committee, in its sole and absolute discretion, shall determine the average annual rate of return on equity attained by the Corporation for the Performance Period and certify the percentage of PSUs vested. If the Participant’s employment with Northern Trust is terminated for any reason prior to the end of the Performance Period then, subject to Sections 4(c) and 4(d), the PSUs in the Participant’s Stock Unit Account that have not yet vested shall be forfeited and revert to the Corporation on such employment termination date. Upon the forfeiture of any PSUs, the Corporation shall have no further obligation to the Participant with respect to such PSUs, including the obligation to credit Dividend Equivalents with respect thereto.

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 case excerpt and choose the best holding from the options. Case excerpt: of review to issues involving the interpretation of NMSA 1978, § 31-20-12 (1977), the statute requiring presentenee credit. The State argues that we should review only for an abuse of discretion due to “the traditional discretion exercised by trial courts in sentencing.” See State v. Irvin, 114 N.M. 597, 600, 844 P.2d 847, 850 (Ct.App.1992) (stating that it was within the trial court’s discretion to treat defendant’s period of incarceration as a period of presentence confinement). The sentencing issue in this case, however, is not merely an issue of discretion. We are required to construe Section 31-20-12 in order to determine whether Defendant had a right to presentence credit. Thus, we review the case de novo. See State v. Rowell, 121 N.M. 111, 114, 908 P.2d 1379, 1382 (1995) (<HOLDING>); Irvin, 114 N.M. at 599, 844 P.2d at 849 Options: A. holding that we review a district courts interpretation of a statute de novo B. holding statutory interpretation is subject to de novo review C. holding that review of the construction of a sentencing statute is de novo D. recognizing that the standard of review for issues of statutory interpretation and construction is de novo E. recognizing de novo standard of review

assistant: The best answer is D. recognizing that the standard of review for issues of statutory interpretation and construction is de novo
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 Guaranty is a continuing and irrevocable guaranty of all Obligations now or hereafter existing and shall remain in full force and effect as expressly provided in Section 13.11 . Notwithstanding the foregoing, this Guaranty shall continue in full force and effect or be revived, as the case may be, if any payment by or on behalf of the Borrower or the Company is made, or any of the Secured Parties exercises its right of setoff, in respect of the Obligations and such payment or the proceeds of such setoff or any part thereof is subsequently invalidated, declared to be fraudulent or preferential, set aside or required (including pursuant to any settlement entered into by any of the Secured Parties in their discretion) to be repaid to a trustee, receiver or any other party, in connection with any proceeding under any Debtor Relief Laws or otherwise, all as if such payment had not been made or such setoff had not occurred and whether or not the Secured Parties are in possession of or have released this Guaranty and regardless of any prior revocation, rescission, termination or reduction. The obligations of the Company under this paragraph shall survive termination of this Guaranty.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The parties to each assignment shall execute and deliver to the Agent an Assignment and Assumption, together with a processing and recordation fee of $3,500; provided that the Agent may, in its sole discretion, elect to waive such processing and recordation fee in the case of any assignment. The Assignee, if it shall not be a Lender, shall deliver to the Agent an Administrative Questionnaire.

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 case excerpt and choose the best holding from the options. Case excerpt: See McConnell & Picker, 60 U. Chi. L.Rev. at 427-29, 450-54 (summarizing the history). Although it had a rocky start, see, e.g., Ashton, 298 U.S. at 530-32, 56 S.Ct. 892 (invalidating the initial act), Congress eventually succeeded in avoiding a Tenth Amendment problem. It did so in part by requiring a state’s consent in the federal municipal bankruptcy regime before permitting municipalities of that state to seek relief under it, and in part by emphasizing that the statute did not effect “ ‘any restriction on the powers of the States or their arms of government in the exercise of their sovereign rights and duties.’ ” See, e.g., United States v. Bekins, 304 U.S. 27, 49-54, 58 S.Ct. 811, 82 L.Ed. 1137 (1938) (quoting H.R.Rep. No. 75-517, at 2 (1937); S.Rep. No. 75911, at 2 (1937)) (<HOLDING>); cf. McConnell & Picker, 60 U. Chi. L.Rev. at Options: A. recognizing that this created a cooperative scheme B. recognizing this presumption C. recognizing that prior decisions created confusion on this point D. recognizing that the regulatory scheme created by the ina is so pervasive as to be consistent with the exclusive federal power over immigration E. recognizing this rule

assistant: The best answer is A. recognizing that this created a cooperative scheme
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 Lender shall have the right at any time to sell one or more participations to any Person (other than Holdings, any of its Subsidiaries or any of its Affiliates) in all or any part of its Commitments, Loans or in any other Obligation. The holder of any such participation, other than an Affiliate of the Lender granting such participation, shall not be entitled to require such Lender to take or omit to take any action hereunder except with respect to any amendment, modification or waiver that would (i) extend the final scheduled maturity of any Loan or Note or reduce the rate or extend the time of payment of interest or fees thereon (except in connection with a waiver of applicability of any post-default increase in interest rates) or reduce the principal amount thereof, or increase the amount of the participant’s participation over the amount thereof then in effect (it being understood that a waiver of any Default or Event of Default or of a mandatory reduction in the Commitment shall not constitute a change in the terms of such participation, and that an increase in any Commitment or Loan shall be permitted without the consent of any participant if the participant’s participation is not increased as a result thereof), (ii) consent to the assignment or transfer by any Credit Party of any of its rights and obligations under this Agreement, or (iii) release all or substantially all of the Collateral, release Holdings from the Guaranty or release all or substantially all of the Companies from the Guaranty except as expressly provided in the Credit Documents, supporting the Loans hereunder in which such participant is participating. Each Company agrees that each participant shall be entitled to the benefits of Sections 2.17(c), 2.18 and 2.19 to the same extent as if it were a Lender and had acquired its interest by assignment pursuant to clause (c) of this Section; provided , (i) a participant shall not be entitled to receive any greater payment under Section 2.18 or 2.19 than the applicable Lender would have been entitled to receive with respect to the participation sold to such participant, unless the sale of the participation to such participant is made with Company Representative’s prior written consent, and (ii) a participant that would be a Non-US Lender if it were a Lender shall not be entitled to the benefits of Section 2.19 unless Company Representative is notified of the participation sold to such participant and such participant agrees, for the benefit of Companies, to comply with Section 2.19 as though it were a Lender. To the extent permitted by law, each participant also shall be entitled to the benefits of Section 10.4 as though it were a Lender, provided such Participant agrees to be subject to Section 2.16 as though it were a Lender.

assistant: Participations
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: 8 S.W.3d at 638. 14 . See id. at 639. 15 . See Texas Ass'n of Bus. v. Texas Air Control Bd., 852 S.W.2d 440, 446 (Tex.1993); City of Saginaw v. Carter, 996 S.W.2d 1, 2 (Tex.App.—Fort Worth 1999, pet. filed). 16 . See Curbo v. State, 998 S.W.2d 337, 341 (Tex.App.—Austin 1999, no pet. h.); Little-Tex Insulation Co. v. General Servs. Comm’n, 997 S.W.2d 358, 360 (Tex.App.—Austin 1999, pet. filed); C Ann. §§ 554.002(a), 554.0035. 27 . Id. § 554.001(4) (emphasis added). 28 . See Thompson v. Travelers Indem. Co., 789 S.W.2d 277, 278 (Tex.1990). 29 . See Bennack Flying Serv., Inc. v. Balboa, 997 S.W.2d 748, 751 (Tex.App.—Corpus Christi 1999, pet. dism’d w.o.j.); Household Credit Servs., Inc. v. Driscol, 989 S.W.2d 72, 86 (Tex.App.—El Paso 1998, pet. denied). 30 . See Curbo, 998 S.W.2d at 344 (<HOLDING>). 31 . See Continental Coffee Prods. Co. v. Options: A. holding that there is no legitimate claim of entitlement to a grievance procedure B. holding that an ineffective grievance procedure bars employers defense based on that procedure C. holding that because plaintiffs were reasonable in interpreting defendants grievance procedure to apply only to active employees plaintiffs did not act in bad faith when they alleged that no applicable grievance procedure existed D. holding that a jail inmate does not have a constitutional entitlement to an adequate grievance procedure and the ineffectiveness or even absence of a grievance procedure does not give rise to a constitutional claim E. holding that inmates have no constitutionallyprotected liberty interest in access to grievance procedure

assistant: The best answer is C. holding that because plaintiffs were reasonable in interpreting defendants grievance procedure to apply only to active employees plaintiffs did not act in bad faith when they alleged that no applicable grievance procedure existed
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: See U.C.C. § l-202(b) (“ ‘Knowledge’ means actual knowledge.”). Case law teaches that the Court must evaluate a purchaser’s actual knowledge at the time of the sale, and any knowledge subsequently gained by the purchaser is irrelevant to the analysis. See, e.g., Gary Aircraft Corp. v. General Dynamics Corp. (In re Gary Aircraft Corp.), 681 F.2d 365, 374 (5th Cir.1982) (stating that knowledge is measured at the time of sale); see also Snap-On Tools Corp. v. Rice, 162 Ariz. 99, 781 P.2d 76, 78 (App.1989) (“The purchaser must have actual knowledge that the security interest exists at the time the collateral is purchased.”). Moreover, a buyer has no duty to inquire into whether a security interest exists. See Clark Oil & Ref. Co. v. Liddicoat, 65 Wis.2d 612, 223 N.W.2d 530, 536 (1974) (<HOLDING>). Finally, and importantly for this case, Options: A. holding that a defendant must have notice that the trial court might sentence him to death B. holding that constructive knowledge satisfies the reason to know standard C. holding tolling appropriate where no aspect of reports should have alerted plaintiffs to irregularities D. holding that a motion to intervene filed after final judgment should have been granted E. holding that whether the judgment creditor had reason to know or might have been alerted to circumstances that should reasonably have impelled him to check beyond the filed record is irrelevant

assistant: The best answer is E. holding that whether the judgment creditor had reason to know or might have been alerted to circumstances that should reasonably have impelled him to check beyond the filed record is irrelevant
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: During the Term, Executive shall be entitled to 20 days paid vacation per year, or such greater amount as may be earned under the Company’s standard vacation policy, to be earned ratably throughout the year. Vacation days may be carried from one year to the next in accordance with the Company vacation policy.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: `` services '' means all services made available by rovio , including but not limited to services accessed through mobile games , by means of a browser or by other online communication method .

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: the issue, and whether the issue was proffered by one and controverted by another. See Gies v. Nissen Corp., 57 Wis.2d 371, 204 N.W.2d 519, 525 (1973). The Wisconsin Supreme Court considers an issue to be “joined” between the parties when one party has served a formal pleading asking for relief against the other party. See id. (first co-defendant who served cross-claim for contribution on second co-defendant had joined the issue of their respective liability to the plaintiff; thus, first co-defendant was bound by judgment in that action, which dismissed second co-defendant). The formal-pleading requirement serves to ensure that the parties joined the issue between them by requesting relief, and that either party can enforce such requested relief. See, e.g., Goldblatt, 417 N.W.2d at 419 (<HOLDING>). The Streitzes and Marshall were not formal Options: A. holding that claim preclusion did not bar fire insurer from bringing a second action against its coplaintiff in first action B. holding claim preclusion did not foreclose plaintiffs second action even though it arose out of the same lease agreement as that of a prior action C. holding that a negligence claim against an insured and a bad faith claim against the insurer are not separate as the first must be proved to prevail on the second D. holding that entire controversy doctrine did not bar second lawsuit against defendant who was not party to first lawsuit in another state E. holding res judicata precluded landlord from bringing second action for damages of unpaid future rents after a final judgment determined tenants damages arising out of the breach of lease in landlords first action

assistant: The best answer is A. holding that claim preclusion did not bar fire insurer from bringing a second action against its coplaintiff in first action
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: class actions and medical malpractice claims, made applicable to pending causes of action. See id. The majority of House Bill 4 did not apply to pending cases, but applied only to those cases filed after its general effective date — September 1, 2003. Id. § 23.02(d), 2003 Tex. Gen. Laws at 899. Even if one accepts the dissent’s view that the Statute is remedial in the sense that it merely deprives Satterfield of a remedy for her accrued and pending claims against Crown Cork, the Statute would still be unconstitutional because it applies retroactively and fails to provide Satterfield, and other potential claimants, a reasonable time to bring suit after the enactment of the new law and preserve their vested rights. See Baker Hughes, Inc. v. Keco R. & D., Inc., 12 S.W.3d 1, 4 (Tex.1999) (<HOLDING>); Mellinger, 3 S.W. at 254-55 (same); see also Options: A. holding that habeas petitions challenging judgments of conviction that became final before the effective date of the aedpa are not time barred if filed within one year from aedpas effective date april 241996 B. holding retroactive application of the act to prosecution that was pending before the effective date of the act was precluded because the act is prospective C. holding that guidelines did not become effective until adopted by the legislature on july 1 1984 and those who committed their offenses before the effective date must affirmatively elect to be sentenced under the guidelines D. holding that procedural or remedial statutes may not be applied to pending suits at the time they become effective if doing so would destroy or impair rights that vested before the statutes effective date E. holding that the commission on remand can set the effective date of a rate to be the effective date of the original commission activity

assistant: The best answer is D. holding that procedural or remedial statutes may not be applied to pending suits at the time they become effective if doing so would destroy or impair rights that vested before the statutes effective date
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’s denial of its motion to dismiss on grounds of Alamo’s Eleventh Amendment immunity. Martin argues that we are precluded from considering the merits of this issue because Alamo did not file a timely notice of appeal. We need not decide whether Alamo’s notice of appeal was timely because Alamo inadequately briefed the issue and, thus, abandoned its Eleventh Amendment arguments. Southwestern Bell Tel. Co. v. City of El Paso, 243 F.3d 936, 940 (5th Cir.2001) (dismissing appeal as abandoned because the Appellant failed to challenge the district court’s application of the applicable test for Eleventh Amendment immunity); Dardar v. Lafourche Realty Co., 985 F.2d 824, 831 (5th Cir.0993); L & A Contracting Co. v. Southern Concrete Servs., 17 F.3d 106, 113 (5th Cir.1994)(<HOLDING>); Fed. R.App. P. 28(a)(9)(A) (requiring Options: A. holding appeal to be abandoned because appellant cited no authority in a onepage argument B. holding the appellant was deemed to have abandoned an issue for which he failed to provide any argument or supporting authority C. holding that an issue is waived where the defendant failed to develop an argument in his appellate brief and cited no authority D. holding an issue is deemed abandoned and will not be considered on appeal if the argument is raised in a brief but not supported by authority E. holding that appellant abandoned argument by failing to argue it in body of brief

assistant: The best answer is A. holding appeal to be abandoned because appellant cited no authority in a onepage argument
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: Id. The first district found that, when viewed in context, the comment did not constitute improper bolstering. Id. Instead, as in this case, “the prosecutor’s isolated comment simply urged the jury to find the victim honest and straightforward ‘on the state of the evidence’ before it.” Id. The prosecutor’s argument in this case was not infected with the expression of personal belief that we found improper in State v. Ramos, 579 So.2d 360 (Fla. 4th DCA 1991). There, the prosecutor argued to the jury: “And Susan [witness] testified, I believe she testified totally truthfully to you.” Id. at 362 (emphasis added). Unlike the prosecutor in Ramos, the prosecutor in this case did not argue credibility by injecting into the case her personal belief in Dingle’s credibility. We close by noting (<HOLDING>). Code of silence testimony may properly be the Options: A. holding that the improper admission of hearsay testimony from two witnesses whose testimony was brief and consistent with the victims testimony did not constitute drumbeat repetition of the victims statements B. holding that the lead detectives testimony that it is not unusual for victims or witnesses of crimes to be reluctant to cooperate with police did not improperly vouch for the truthfulness of victims testimony C. holding that the circuit court properly allowed the victims schoolteacher to testify as to the victims general reputation for truthfulness D. holding that the improper admission of hearsay testimony of two witnesses that confirmed but did not elaborate upon the victims testimony would have had only minor impact on the jury because there was little to undermine the victims credibility E. holding the error harmless due to eyewitness corroboration of the victims testimony

assistant: The best answer is B. holding that the lead detectives testimony that it is not unusual for victims or witnesses of crimes to be reluctant to cooperate with police did not improperly vouch for the truthfulness of victims testimony
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: whether the appeal is taken in good faith or is frivolous. Regardless of whether a defendant’s counsel or the district court determines that an appeal is frivolous, if the appellate court agrees, then no counsel is required to represent the client on the frivolous appeal. Rather, the obligation is upon counsel to withdraw from an appeal that is frivolous. Counsel may even be subject to sanctions for bringing a frivolous appeal. Fed. R.App. P. 38 ("If a court of appeals determines that an appeal is frivolous, it may ... award just damages and single or double costs to the appellee."). See also U.S. v. Spitzer, Case No. 06-CV00479,-Fed.Appx.-, 2007 WL 2376783 (11th Cir. 2007) (granting sanctions under Rule 38 when appeal was frivolous); U.S. v. Cooper, 170 F.3d 691 (7th Cir.1999) (<HOLDING>). 2 . Defendant, in her motion, relies on very Options: A. holding rule 38 applies to frivolous criminal appeals as well as civil appeals B. holding that court of appeals may adopt such waiver rule C. holding that cr 60b applies to criminal as well as civil judgments D. holding that state statute which re quired reimbursement of cost of criminal appeal transcript only by incarcerated persons violated the equal protection clause the statute would burden many appeals that were not frivolous and allow many that were so it did not serve the purpose of deterring frivolous appeals E. holding that the court of appeals may not overrule modify or withdraw language from a previously published decision of the court of appeals

assistant: The best answer is A. holding rule 38 applies to frivolous criminal appeals as well as civil appeals
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 agreements contained in this Section 6 shall survive the transfer of the Registered Securities by any Purchaser and sale of all of the Registrable Securities pursuant to any registration statement and shall remain in full force and effect, regardless of any investigation made by or on behalf of any Purchaser Indemnified Party.

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 legal provision and list the applicable contract clause categories. Provision: This Note shall be governed by and construed in accordance with the laws of the State of New York without regard to principles of conflicts of laws. Any action brought by either party against the other concerning the transactions contemplated by this Note shall be brought only in the state and/or federal courts located in Rockland County, New York. The parties to this Note hereby irrevocably waive any objection to jurisdiction and venue of any action instituted hereunder and shall not assert any defense based on lack of jurisdiction or venue or based upon forum non conveniens . THE BORROWER HEREBY IRREVOCABLY WAIVES ANY RIGHT IT MAY HAVE, AND AGREES NOT TO REQUEST, A JURY TRIAL FOR THE ADJUDICATION OF ANY DISPUTE HEREUNDER OR IN CONNECTION WITH OR ARISING OUT OF THIS NOTE OR ANY TRANSACTIONS CONTEMPLATED HEREBY . The prevailing party shall be entitled to recover from the other party its reasonable attorney's fees and costs. In the event that any provision of this Note or any other agreement delivered in connection herewith is invalid or unenforceable under any applicable statute or rule of law, then such provision shall be deemed inoperative to the extent that it may conflict therewith and shall be deemed modified to conform with such statute or rule of law. Any such provision which may prove invalid or unenforceable under any law shall not affect the validity or enforceability of any other provision of any agreement. Each party hereby irrevocably waives personal service of process and consents to process being served in any suit, action or proceeding in connection with this Agreement or any other Transaction Documents by mailing a copy thereof via registered or certified mail or overnight delivery (with evidence of delivery) to such party at the address in effect for notices to it under this Agreement and agrees that such service shall constitute good and sufficient service of process and notice thereof. Nothing contained herein shall be deemed to limit in any way any right to serve process in any other manner permitted by law.

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 Company shall use the net proceeds hereunder as set forth on Schedule 4.8 attached hereto. To this end, each Company agrees that the net proceeds have been deposited with the Escrow Agent to be held in accordance with the provisions of the Schedule 4.8.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: No Event of Default, or to such Borrower’s knowledge, Default, has occurred and is continuing. No Credit Party is in breach or default under or with respect to any contract, agreement, lease or other instrument to which it is a party or by which its property is bound or affected, which breach or default would reasonably be expected to have a Material Adverse Effect.

assistant: No Defaults
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: inter alia, that the jury could believe or disregard Dr. Fitzgerald’s testimony as it could for any witness. Simmons’ jury-usurpation contention overlooks Dr. Fitzgerald’s related testimony: “I never give testimony as to whether or not a rape did or did not occur”. Simmons also does not mention the district court’s instructing the jury it could discredit any witness’ testimony. Even viewed in isolation, however, Dr. Fitzgerald’s testimony did not impermissibly intrude upon the jury’s determination of Robinson’s credibility. Mental-health experts are permitted to testify that “symptoms and recollections appear[] genuine and that [the expert believes she or] he ha[s] not been ‘duped’” by a fabricated account. Skidmore v. Precision Printing & Pkg., Inc., 188 F.3d 606, 618 (5th Cir.1999) (<HOLDING>). As in Skidmore, Dr. Fitzgerald stated Options: A. holding district court did not abuse its discretion by admitting psychiatrists testimony that plaintiff suffered posttraumatic stress disorder and that he did not think the plaintiff had lied to him or fabricated her psychiatric symptoms B. holding that trial court did not abuse its discretion in admitting a transcript of a recording even though defense counsel did not stipulate to its accuracy C. holding juvenile court did not abuse its discretion in admitting expert testimony D. holding the trial court did not abuse its discretion by admitting gangrelated evidence E. holding that a district court did not abuse its discretion in excluding the testimony of a witness that was not highly probative

assistant: The best answer is A. holding district court did not abuse its discretion by admitting psychiatrists testimony that plaintiff suffered posttraumatic stress disorder and that he did not think the plaintiff had lied to him or fabricated her psychiatric symptoms
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: 1998)). Whether a duty is owed to a party under Florida law is a question of law for the court rather than a jury. Virgilio v. Ryland Group, Inc., 680 F.3d 1329, 1339 (11th Cir.2012) (citing McCain v. Florida Power Corp., 593 So.2d 500, 502 (Fla.1992)); Insua v. JD/BBJ, LLC, 913 So.2d 1262, 1263 (Fla. 4th DCA 2005) (affirming summary judgment for manufacturer who had no duty to warn electrician of danger of electrocution, explaining that “[wjhether a duty exists is a question of law for the pp.3d 854, 864, 2014 WL 905115, *6 (M.D.La. March 7, 2014) (“Louisiana does not hold that a manufacturer is compelled to warn sophisticated purchasers of dangers of which the buyer either knows or should be aware.”) (citation omitted); Duane v. Oklahoma Gas & Elec. Co., 833 P.2d 284, 287 (Okl.1992) (<HOLDING>). Trinity argues (and pled as an affirmative Options: A. holding that an organization had no duty to warn of potential danger from sexual abuse of one of its volunteers where injured child was not associated with organizations programs B. holding that a grocery store employer had no duty to warn an employee that placing his hand in the doorjamb of a customers car is an obvious danger C. holding that oil suppliers had no duty to warn of danger to commercial customer whose negligence or oversight resulted in explosion that injured its employee D. holding that a pharmacist has a duty to warn when he or she knows of a risk to that particular customer E. holding that a general contractor owed no duty to an employee of a subcontractor to warn of dangers of electrocution

assistant: The best answer is C. holding that oil suppliers had no duty to warn of danger to commercial customer whose negligence or oversight resulted in explosion that injured its employee
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: By accepting this Award, Participant expressly warrants that he or she has received an Award of Restricted Stock Units under the Plan, and that he or she has received, read and understood a description of the Plan. Participant understands that the Plan is discretionary in nature and may be modified, amended, suspended or terminated by the Company at any time, to the extent permitted by the Plan.

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 legal provision and list the applicable contract clause categories. Provision: This Multi-Party Agreement may be executed in one or more counterparts, each of which, when taken together, shall constitute one and the same document. A facsimile or portable document format (PDF) signature on this Multi-Party Agreement shall be equivalent to, and have the same force and effect as, an original signature.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: government bears a heavy burden of establishing that disqualification is justified.’ ” United States v. Gearhart, 576 F.3d 459, 464 (7th Cir.2009) (quoting United States v. Diozzi, 807 F.2d 10, 12 (1st Cir.1986)); United States v. Washington, 797 F.2d 1461, 1465 (9th Cir.1986) (“In seeking to disqualify a defendant’s chosen counsel, the government bears a heavy burden of establishing that concerns about the integrity of the judicial process justify the disqualification.”); see also Owen v. Wangerin, 985 F.2d 312, 317 (7th Cir.1993) (“Attorney disqualification is ‘a drastic measure which courts should hesitate to impose except when absolutely necessary.’ ”) (quoting Schiessle v. Stephens, 717 F.2d 417, 419-20 (7th Cir.1983)); Evans v. Artek Systems Corp., 715 F.2d 788, 794 (2d Cir.1983) (<HOLDING>). In evaluating a request for defense counsel’s Options: A. recognizing that the party seeking attorney fees bears the burden of proving entitlement to those fees B. holding that the government bears the burden of proving voluntary consent under the totality of the circumstances C. holding that the moving party for summary judgment bears the initial burden of demonstrating the absence of a genuine issue of material fact for trial D. holding that the moving party bears a heavy burden of proving the facts required for disqualification E. holding that the defendant bears the burden of proving outside contact with the jury

assistant: The best answer is D. holding that the moving party bears a heavy burden of proving the facts required for disqualification
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 Borrower’s public filings or actions or proceedings that could not reasonably be expected to have a Material Adverse Effect, there are no actions or proceedings pending, or to the knowledge of Borrower threatened, against Borrower or any of its Subsidiaries before any court or administrative agency, and Borrower has no knowledge of any pending or threatened governmental investigations or claims, audits, reviews, investigations, complaints, actions or prosecutions involving Borrower or any other Obligor. Neither Borrower nor any other Obligor is in default with respect to any order, writ, injunction, decree or demand of any court or any Governmental Authority. None of the foregoing actions or proceedings, individually or collectively, could 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 case excerpt and choose the best holding from the options. Case excerpt: because the officers had reasonable suspicion when the detention actually occurred. Mitchell’s reliance on United States v. Caruthers, 458 F.3d 459, 462 (6th Cir.), cert. denied, — U.S. -, 127 S.Ct. 752, 166 L.Ed.2d 582 (2006) is misplaced. That case, like this one, involved a dispatch call regarding shots fired at a particular location. The call was an anonymous emergency call, stating simply that a black male in shorts and a red shirt had fired a gun in the air while arguing with a woman at a public housing project and that the gun was in the suspect’s pocket. This Court found that the dispatch description was “even vaguer” than the one in Florida v. J.L., Id. at 465 (quoting Florida v. J.L., 529 U.S. 266, 268, 120 S.Ct. 1375, 146 L.Ed.2d 254 (2000) (“an anonymous call re ir.2007) (<HOLDING>); United States v. Patterson, 340 F.3d 368, Options: A. holding that although officers observation and stop of the defendants vehicle occurred outside of the officers geographical jurisdiction the officer still had jurisdiction where the officer was requested by a state trooper to stop the suspects vehicle B. holding a stop was effected where officers vehicle blocked defendants vehicle from proceeding C. holding reasonable and articulable suspicion existed to support the investigatory stop of a vehicle in view of the time of day and the officers prior knowledge of reports of criminal activity in the area D. holding that officer lacked reasonable suspicion to stop vehicle that was under surveillance on the basis of its making a right turn without signaling E. holding that police officers lacked reasonable suspicion to support the investigatory stop of the defendants vehicle which was based only on a 911 hangup call from a residence in a culdesac and the fact that an officer saw the defendants vehicle turn off the culdesac four minutes later

assistant: The best answer is E. holding that police officers lacked reasonable suspicion to support the investigatory stop of the defendants vehicle which was based only on a 911 hangup call from a residence in a culdesac and the fact that an officer saw the defendants vehicle turn off the culdesac four minutes later