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: Black’s Law Dictionary 831 (6th ed.1990)). At common law, threats of harm to a dwelling and certain accusations of criminality could satisfy the intimidation element. See generally 3 Wayne R. LaFave, supra § 20.3(d), at 187. The present case presents no occasion for examining the contours of these particular common law doctrines, and thus, we offer no opinion on the subject. 6 . See also Wilson v. Commonwealth, 40 Va.App. 250, 254, 578 S.E.2d 831, 833 (2003) (because a prior conviction can be "proven by any competent evidence,” the defendant’s guilty plea was sufficient); Harris v. Commonwealth, 26 Va.App. 794, 806, 497 S.E.2d 165, 170 (1998) (using out-of-court statements of the probation and parole officer); Brooks v. Commonwealth, 24 Va.App. 523, 533, 484 S.E.2d 127, 131 (1997) (<HOLDING>); Miller v. Commonwealth, 22 Va.App. 497, 501, Options: A. holding that trial judge did not err in refusing to transfer to another judge defendants motion for substitution of judge for cause where defendants motion was not made in good faith B. holding district court did not err in admitting reports that were merely cumulative of evidence already in the record C. holding that the trial court did not err by granting defendants motion for summary judgment D. holding that the trial judge did not err by admitting copies of the indictments as part of the defendants record of conviction E. holding that trial court did not err

assistant: The best answer is D. holding that the trial judge did not err by admitting copies of the indictments as part of the defendants record of conviction
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 constitutes the entire agreement between the parties with respect to the subject matter herein and specifically supersedes any existing severance benefits under any plans, program, policy or agreements to which the Executive may be entitled, as well as any change in control, stay bonus, severance or similar agreements previously entered into by, or for the benefit of, the Executive and by the Company and/or the Bank (whether oral or written), its predecessors or their affiliates. The Executive hereby acknowledges that he has received sufficient consideration for substitution of this Agreement for any prior such agreement.

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

user: Title or the right to possess Confidential Information as between the parties will remain in the disclosing party. (b) Both parties understand and acknowledge that no license under any patent, copyright, trade secret, or other intellectual property right is granted to or conferred upon, either party in this Agreement or by the disclosure of any Confidential Information by one party to the other party as contemplated hereunder, either expressly, by implication, inducement, estoppel or otherwise, and that any license under such intellectual property rights must be express and in writing.

assistant: Yes
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 diligence that is exercised by pastoral care providers. Pastoral care provider can only mean one thing. Some jurisdictions have attempted to characterize the tort of clergy malpractice as an action for breach of a fiduciary relationship. The allegation of a breach of fiduciary duty, however, is “simply an elliptical way to state a clergy malpractice claim.” Dausch, supra, 52 F.3d at 1428. Plaintiffs third count for breach of fiduciary duty is explicit that it is only in Reverend MacDonell’s capacity “as pastoral care provider and pastoral counselor to her” that he breached any fiduciary duty. The authorities cited by the Court, ante at 563-64, 696 A.2d at 703-04 concern the law of wills, trusts, and property. See Gray v. Ward, 929 S.W.2d 774, 1996 WL 364794 at *8 (Mo.Ct.App.1996) (<HOLDING>). Absent such interests, analyzing and defining Options: A. holding general fiduciary duties of confidence trust loyalty and good faith insufficient to establish the necessary fiduciary relationship for purposes of 523a4 B. holding that to establish an exception to the statute of frauds it must first be shown that an agreement to convey was actually reached that an oral contract must be established by clear and convincing evidence and that the chapter 7 trustee failed to establish that there was any parol contract for conveyance of property from debtors parents to the debtor C. holding that the end of a conspiracy must be affirmatively shown D. holding that to establish a fiduciary relationship under restatement of torts and missouri law it must be shown that the cleric possessed or managed things of value E. holding that missouri law applied to the plaintiffs breach of fiduciary duty claim because it is corporate law that defines the contours of that duty

assistant: The best answer is D. holding that to establish a fiduciary relationship under restatement of torts and missouri law it must be shown that the cleric possessed or managed things of value
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 TRANSACTION DOCUMENT TO WHICH THE SERVICER IS A PARTY CONSTITUTES THE LEGAL, VALID AND BINDING OBLIGATION OF THE SERVICER ENFORCEABLE AGAINST THE SERVICER IN ACCORDANCE WITH ITS TERMS, EXCEPT AS SUCH ENFORCEABILITY MAY BE LIMITED BY APPLICABLE BANKRUPTCY, INSOLVENCY, REORGANIZATION, MORATORIUM, RECEIVERSHIP, CONSERVATORSHIP OR OTHER SIMILAR LAWS AFFECTING CREDITORS’ RIGHTS GENERALLY AND, IF APPLICABLE, THE RIGHTS OF CREDITORS OF CORPORATIONS FROM TIME TO TIME IN EFFECT OR BY GENERAL PRINCIPLES OF EQUITY.

assistant: Binding Effects
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 hereby waives, unless otherwise provided for in this Note, demand, notice of presentment, protest, notice of dishonor and protest, rights or extension and any defense by reason of extension of time or other indulgences granted by the Lender.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: examined Rebolla-Sanchez’s statute of conviction, it would have been bound by this precedent to come to the same conclusion it already reached. Because remand to the district court to examine the statute underlying Rebolla-Sanchez’s felony conviction would only “be delaying] the inevitable,” we grant the government’s motion for judicial notice and affirm Rebolla-Sanchez’s sentence. See United States v. Black, 482 F.3d 1035, 1041 (9th Cir.2007). AFFIRMED. ** This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. 1 . Plain error review, rather than harmless error review applies to this claim because Rebolla-Sanchez did not raise the issue before the district court. See United States v. Charles, 581 F.3d 927, 932 (9th Cir.2009) Options: A. holding that plain error review applies when a party fails to raise a claim before the district court B. holding that plain error review applies to objections that were not raised when the district court asked the appropriate question at the conclusion of the sentencing hearing C. holding that when a district court fails to provide reasons for imposing special conditions and the defendant fails to object we review for plain error D. holding that where a defendant fails to challenge his plea in district court he must establish plain error E. holding that plain error review applies where the defendant fails to object to the lack of an opportunity to allocute

assistant: The best answer is A. holding that plain error review applies when a party fails to raise a claim before the district court
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: States v. Cohen, 99 F.3d 69 (2d Cir.1996); United States v. Hurst, 78 F.3d 482 (10th Cir.1996). Although Bellamy is correct to note that the Sentencing Commission expressed its intent that the Chapter 7 policy statements would only be the first step in a process that would ultimately lead to the promulgation of binding revocation guidelines, see U.S. Sentencing Guidelines Manual ch. 7, pt. A, introductory cmt. 3(a) (2002), the Commission has not yet moved beyond this first step. Thus, absent any official action by the Commission, we are left with the policy statements and our law interpreting them. Applying our existing view of Chapter 7 to t f appeals have applied this reasoning in reaching the same conclusion. See, e.g., United States v. Garcia, 323 F.3d 1161, 1164 (9th Cir.2003) (<HOLDING>); United States v. Shaw, 180 F.3d 920, 922-23 Options: A. holding that an error was not harmless when the district court chose the lowest end of the improper sentencing range after stating that even if the court isnt correct the court believes it is necessary to sentence at this very high range B. holding that no notice is necessary when a court exceeds a range recommended by chapter 7 C. holding tort action accruing after original chapter 7 petition not part of estate when case converted to chapter 13 and then back to chapter 7 D. holding that only general rather than specific reasons must be stated when a court strays from the chapter 7 range E. holding that the district court did not err by failing to specify a final adjusted sentencing range because we apply a presumption of reasonableness only to sentences falling within the initial sentencing range recommended under the guidelines and there is no intrinsic need to specify an adjusted sentencing range to aid our appellate review

assistant: The best answer is B. holding that no notice is necessary when a court exceeds a range recommended by chapter 7
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: spotify 's products may be subject to u.s. export and re-export control laws and regulations or similar laws applicable in other jurisdictions , including the export administration regulations ( `` ear '' ) maintained by the u.s. department of commerce , trade and economic sanctions maintained by the treasury department 's office of foreign assets control ( `` ofac '' ) , and the international traffic in arms regulations ( `` itar '' ) maintained by the department of state .

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: (a) The Borrower agrees to pay to the Administrative Agent for the account of each Lender a commitment fee, which shall accrue at the Applicable Rate on the average daily difference between the Revolving Commitment of such Lender and the Revolving Credit Exposure (excluding Swingline Exposure) of such Lender during the period from and including the Closing Date to but excluding the date on which such Revolving Commitment terminates. Accrued commitment fees shall be payable in arrears on the last day of March, June, September and December of each year and on the date on which the applicable Commitments terminate, commencing on the first such date to occur after the Closing Date. All commitment fees shall be computed on the basis of a year of 360 days and shall be payable for the actual number of days elapsed (including the first day but excluding the last day).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company carries the insurance set forth on Schedule 10(x) to protect against various risks as outlined. Each insurance policy currently held by the Company is in full force and effect and the Company is not in material breach of or in default under any such policy, except where any such breach or default could not be reasonably be expected to have a material adverse effect. Neither the Sellers nor the Company have received any notice of or any reason to believe that there is or has been any actual, threatened, or contemplated termination or cancellation of any insurance policy. The Company has not failed to give any notice or to present any claim under any insurance policy in a due and timely fashion.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: To the best knowledge of the Borrowers, all written information (other than projections, budgets, other forward-looking information, historical financial information, reports prepared by third party consultants or information of a general economic nature) provided directly or indirectly by or on behalf of the Borrowers to any Agent or Lender Party in connection with the transactions contemplated hereunder is, when taken as a whole and as of the Closing Date, correct in all material respects and does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements contained therein, when taken as a whole, not materially misleading in light of the circumstances under which such statements were made (giving effect to supplements and updates thereto).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed in counterparts (and by different parties hereto in different counterparts), each of which shall constitute an original, but all of which when taken together shall constitute a single contract. Delivery of an executed counterpart of a signature page of this Agreement or any document or instrument delivered in connection herewith by facsimile transmission or electronic transmission (in pdf format) shall be effective as delivery of a manually executed counterpart of this Agreement or such other document or instrument, as applicable.

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: Inc., 511 U.S. 863, 867-68, 114 S.Ct. 1992, 128 L.Ed.2d 842 (1994). The collateral order doctrine, however, “entitles a party to appeal not only from [ordinary final judgments] ... but also from a narrow class of decisions that do not terminate the litigation, but must, in the interest of achieving a healthy legal system, ... nonetheless be treated as final.” Digital Equip. Corp., 511 U.S. at 867, 114 S.Ct. 1992 (internal citations and quotation marks omitted). We have held that denials of special motions to strike under California’s anti-SLAPP statute fall into this narrow class. Batzel v. Smith, 333 F.3d 1018, 1024-26 (9th Cir.2003) (noting that anti-SLAPP motions to strike assert a form of immunity from suit); but cf. Englert v. MacDonell, 551 F.3d 1099, 1106-07 (9th Cir.2009) (<HOLDING>). Thus, we are satisfied that we have Options: A. holding that the denial of a motion to disqualify counsel in a civil case is not appealable B. holding that the denial of a motion to remand is interlocutory and not immediately appealable C. holding such denial to be an immediately appealable collateral final order D. holding that the denial of an antislapp motion under thencurrent oregon law is not an appealable collateral order while recognizing that the denial of a california antislapp motion is E. holding that denial of a postconviction motion without prejudice and with leave to amend is not a final appealable order

assistant: The best answer is D. holding that the denial of an antislapp motion under thencurrent oregon law is not an appealable collateral order while recognizing that the denial of a california antislapp motion is
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: Or they could have asked the district court to strike the defense, and mustered arguments at. that time in favor of exclusive federal jurisdiction. The difficulty for the Davises was compounded by the fact that no court, so far as I can tell, had ever held that RCRA cases could be brought in state court, and that numerous courts had either held or assumed that jurisdiction was exclusively federal. Nor do we find any report of a RCRA citizen action ever being brought in an Ohio court. The district court’s holding on this matter is at least plausible, but I cannot say that resolution of that question is sufficiently plain under Yellow Freightand Holmes to have put the Davises fairly on notice that they could bring the RCRA allegation in Ohio court. See Diversified Foods, 985 F.2d at 31 (<HOLDING>) Indeed, if the district court held strong Options: A. holding that federal courts have exclusive jurisdiction over securities act class actions B. holding that federal jurisdiction over rico claims is concurrent and not exclusive C. recognizing that a goodfaith belief in exclusive federal jurisdiction might excuse a failure to bring a federal claim as part of a previous statecourt action but rejecting that excuse where the belief in exclusive federal jurisdiction was formed in the face of two circuit decisions to the contrary D. holding that the state law of preclusion must be followed even when federal jurisdiction over the subject matter of a claim is exclusive E. holding that the clause at issue granted jurisdiction but not exclusive jurisdiction

assistant: The best answer is C. recognizing that a goodfaith belief in exclusive federal jurisdiction might excuse a failure to bring a federal claim as part of a previous statecourt action but rejecting that excuse where the belief in exclusive federal jurisdiction was formed in the face of two circuit decisions to the contrary
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: that the district court’s mention of having considered the “entire lengthy record” indicates that the court, in concluding that amendment would be both untimely and futile, relied in part upon the overall history of the dispute, including the ease CBS had previously initiated in Florida. Whether the court meant to encompass that history within the reason for its decision is not clear,- however; the “lengthy record” in question may well refer only to the present litigation, which alone had been going on for more than three years at the time. In either event, the district court erred; the prolonged nature of a case does not itself affect whether the plaintiff may amend its complaint. See, e.g., Security Ins. Co. of Hartford v. Kevin Tucker & Assoc., Inc., 64 F.3d 1001 (6th Cir.1995) (<HOLDING>); Buder v. Merrill Lynch, Pierce, Fenner & Options: A. holding that a district court abuses its discretion in denying a motion to amend when the opposing partys case for prejudice is stated only in the most conclusory of terms and no particular witnesses or documents are identified to support the argument that a delay would prejudice a party B. holding that district court had not abused its discretion in denying plaintiffs motion to amend complaint C. holding district court abused discretion in denying leave to amend complaint to add count when no prejudice resulted from two and onehalf year delay and facts underlying new and old counts were similar D. holding district court abused discretion in denying leave to amend complaint to add claim when party opposing motion made no showing of prejudice from delay E. holding that the district court abused its discretion in denying leave to amend after a delay of eight months

assistant: The best answer is D. holding district court abused discretion in denying leave to amend complaint to add claim when party opposing motion made no showing of prejudice from delay
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 could not, either individually or in the aggregate, reasonably be expected to result in a Material Adverse Effect, the Borrower and its Restricted Subsidiaries have filed all Tax returns and reports required to be filed, and have paid all Taxes levied or imposed upon them or their properties, income or assets that have become due and payable, except (a) those which are not overdue by more than thirty (30) days or (b) Taxes which are being contested in good faith by appropriate proceedings diligently conducted and for which adequate reserves have been provided in accordance with GAAP.

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 legal provision and list the applicable contract clause categories. Provision: The grant of RSUs is subject to all laws, regulations and orders of any governmental authority which may be applicable thereto and, notwithstanding any of the provisions hereof, the Participant acknowledges that the Company will not be obligated to issue any Shares hereunder if the grant or vesting thereof or the issuance of such Shares, as the case may be, would constitute a violation by the Participant or the Company of any such law, regulation or order or any provision thereof. The Company shall not be obligated to take any affirmative action in order to cause the vesting of the RSUs or the issuance of Shares pursuant hereto to comply with any such law, regulation, order or provision. Any issuance or delivery of Shares hereunder shall occur at the earliest date the Company reasonably anticipates that the distribution shall not cause a violation.

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: The 2018-A Lease was fully and properly executed by the parties thereto and such 2018-A Lease represents the legal, valid and binding full-recourse payment obligation of the related Lessee, enforceable against such Lessee in accordance with its terms, except as enforceability is subject to or limited by bankruptcy, reorganization, insolvency, fraudulent conveyance, moratorium and other similar laws affecting the enforcement of creditors’ rights in general or principles of equity (whether considered in a suit at law or in equity).

assistant: Enforceability
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: 24 . Webb, 24 P. at 618. 25 . Id.; see also Chilton v. Union Pac. Ry., 8 Utah 47, 29 P. 963, 964 (Terr.1892) ("Human capacity can make but vague and indefinite estimates of [the] value in dollars and cents [of the loss of the society, the advice, the kindness, and good treatment of a husband and father], but justice demands that it shall be done."); Brack's Law Dic. tionary 315 (2d ed.1910) (defining "[plecuniary damages" as damages "[sluch as can be estimated in and compensated by money; not merely the loss of money or salable property or rights, but all such loss, deprivation or injury as can be the subject of calculation and of recompense in money"). 26 . Webb, 24 P. at 618. 27 . Id. 28 , Pool v. S. Pac. RR., 7 Utah 303, 26 P. 654, 656 (Terr.1891). 29 . See Webb, 24 P. at 618 (<HOLDING>); see also Jones v. Carvell, 641 P.2d 105, 107 Options: A. holding a complaint sufficiently raises a claim even if it points to no legal theory or even if it points to the wrong legal theory as a basis for that claim B. recognizing that survivors may recover for the loss of expected services even if the deceased was under no legal or moral obligation to render service or support but the circumstances shown render it probable it would have been rendered C. holding that it may not D. holding that a person may regularly render debt collection services even if these services are not a principal purpose of his business E. holding that even if contract lacks mutuality at time it is made whole or partial performance may render it enforceable

assistant: The best answer is B. recognizing that survivors may recover for the loss of expected services even if the deceased was under no legal or moral obligation to render service or support but the circumstances shown render it probable it would have been rendered
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: interfere with a witness’s decision to testify for a defendant. Such conduct, even if motivated by good faith, cannot be toleratedL.]” Id. at 262, 877 A.2d 229. The Court has also found such constitutionally prohibited interference in plea agreements that required co-defendants not to testify for defendants. State v. Fort, 101 N.J. 123, 131, 501 A.2d 140 (1985) (noting the “search for truth” is not well served when the State attempts to fortify its case “by sealing the lips of witnesses”). Our courts’ holdings and analyses mirror those in federal eases where government action has thrown roadblocks to the testimony of witnesses who would be favorable to the defendant. See, e.g., Washington v. Texas, 388 U.S. 14, 17-18, 87 S.Ct. 1920, 1922-23, 18 L.Ed.2d 1019, 1022-23 (1967) (<HOLDING>); Newell v. Hanks, 283 F.3d 827, 837-838 (7th Options: A. holding that the fourteenth amendment incorporated the sixth amendment right to counsel B. holding two state statutes that prohibited coindictees from testifying for one another violated the sixth amendment C. holding that the court lacks jurisdiction over sixth amendment claims because the sixth amendment is not moneymandating D. holding the sixth amendment applicable to the states through the fourteenth amendment E. recognizing that the sixth amendment is not violated every time the public is excluded from a courtroom an unjustified closure may on its facts be so trivial as not to violate the sixth amendment guarantee

assistant: The best answer is B. holding two state statutes that prohibited coindictees from testifying for one another violated the sixth amendment
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: If the transactions contemplated herein are not consummated, or following the occurrence of a Termination Date, if applicable, nothing herein shall be construed as a waiver by any Party of any or all of such Party’s rights, other than as provided in Section 17 , and the Parties expressly reserve any and all of their respective rights. The Parties acknowledge that this Agreement, the Plan, and all negotiations relating hereto are part of a proposed settlement of matters that could otherwise be the subject of litigation. Pursuant to Rule 408 of the Federal Rules of Evidence, any applicable state rules of evidence, and any other applicable law, foreign or domestic, the Plan Term Sheet, this Agreement, the Plan, any related documents, and all negotiations relating thereto shall not be admissible into evidence in any proceeding, or used by any party for any reason whatsoever, including in any proceeding, other than a proceeding to enforce its terms.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Agent shall not have any duties except those expressly set forth in the Loan Documents. The conferral upon the Agent of any right shall not imply a duty to exercise such right, unless instructed to do so by Lenders in accordance with this Agreement.

assistant: Duties
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 Compensation and Management Development Committee of the Board may amend or terminate the Plan at any time. Notwithstanding the foregoing, the Administrative Committee may adopt any amendment to the Plan as it shall deem necessary or appropriate to (i) maintain compliance with current laws and regulations, (ii) correct errors and omissions in the Plan document, and (iii) facilitate the administration and operation of the Plan. The Administrative Committee shall notify the Management Development Committee of the Board of any such amendments to the Plan within a reasonable period of time following such amendment.

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: F.3d at 379. Deering’s argument that the district court lacked subject matter jurisdiction over him because his crime did not take place on federally-owned land and the Tenth Amendment reserves drug prosecutions such as his to the states is without merit. See United States v. Owens, 996 F.2d 59, 61 (5th Cir.1993) (per curiam) (prosecution under 21 U.S.C. §§ 841(a) and 846 did “not run Cir.1996) (where defendant did not object below, this court reviews for plain error only), cert. denied, 519 U.S. 1133, 117 S.Ct. 998, 136 L.Ed.2d 877 (1997). Accordingly, we affirm the judgment of the district court. 1 . The Honorable Michael J. Melloy, Chief Judge, United States District Court for the Northern District of Iowa. 2 . Brady v. Maryland, 373 U.S. 83, 87, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963) Options: A. holding that suppression by the prosecution of evidence favorable to an accused upon request violates due process where the evidence is material either to guilt or to punishment irrespective of the good faith or bad faith of the prosecution B. holding that suppression of evidence by the prosecution of evidence favorable to the defendant upon request violates the defendants right to due process where the evidence is material C. holding that suppression of evidence favorable to an accused upon request violates due process when evidence is material either to guilt or to punishment irrespective of the good faith or bad faith of the prosecution D. holding prosecutions suppression of favorable material evidence violates due process E. holding that suppression by government of evidence favorable to accused upon request violates due process when evidence is material to guilt

assistant: The best answer is E. holding that suppression by government of evidence favorable to accused upon request violates due process when evidence is material to guilt
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: a claim for interest or court costs and attorney fees available under section 8371. I note the Seventh Amendment does not grant a party the right to submit equitable claims to a jury merely because legal claims also are present. See Billing v. Ravin, Greenberg & Zackin, P.A., 22 F.3d 1242, 1245 (3d Cir.1994) (no jury right attaches to equitable claims), petition for cert. denied — U.S. Corp., — , 115 S.Ct. 508, 130 L.Ed.2d 416 (1994); see, e.g., Beacon Theaters, Inc. v. Westover, 359 U.S. 500, 508, 79 S.Ct. 948, 955, 3 L.Ed.2d 988 (1959) (instructing that a district court should permit a jury to resolve legal claims presented in an action prior to the court ruling on the equitable claims); but cf., Fitzgerald v. United States Lines Co., 374 U.S. 16, 83 S.Ct. 1646, 10 L.Ed.2d 720 (1963) (<HOLDING>). In its brief, plaintiff concedes — and I Options: A. holding in the context of admiralty law that when a suit would become unnecessarily complicated if part is tried by a jury and part by a judge only one trier of fact should be used for the trial of what is essentially one lawsuit to settle one claim split conceptually into separate parts because of historical developments B. holding in action involving single claim that if claim sounded only in admiralty there would be no right to a jury trial but if federal question was present as a separate and independent basis for federal jurisdiction then the jury demand must be honored C. holding the question of necessity is one of mixed law and fact and accordingly one for the fact finder in the ordinary case D. holding that if there is only one construction that will permit all parts of the deed to be given effect it should be followed E. holding that the defendants burden at this stage is one of production not one of persuasion

assistant: The best answer is A. holding in the context of admiralty law that when a suit would become unnecessarily complicated if part is tried by a jury and part by a judge only one trier of fact should be used for the trial of what is essentially one lawsuit to settle one claim split conceptually into separate parts because of historical developments
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 defect “was justified,” the court was “not willing to punish Dow Brands for what [was], after all, a technicality that [did not] go to the heart of jurisdiction”); Eltman v. Pioneer Communications of America, Inc., 151 F.R.D. 311, 316 (N.D.Ill.1993) (even though the removal petition was “defective as a result of [defendant’s] failure to join in,” the defendant’s “formal consent, untimely as it was, cure[d] the defect”); Glover v. W.R. Grace & Co., Inc., 773 F.Supp. 964, 965 (E.D.Tex.1991) (denying motion to remand on ground that consent was four days late); Hernandez v. Six Flags Magic Mountain, Inc., 688 F.Supp. 560, 562 (C.D.Cal.1988) (denying motion to remand on ground that consent was one day late). Sicinski v. Reliance Funding Corp., 461 F.Supp. 649, 652 (S.D.N.Y.1978) (<HOLDING>). Barring extraordinary circumstances, this Options: A. holding that the failure of all defendant to join in the petition for removal mandated remand to state court B. holding that any defect in removal procedure must be cured within the 30day removal period or it is fatal to the removal and defendants failure to attach exhibits to the notice of removal within that time required remand C. holding that the defendants motion to amend their notice of removal was proper due to plaintiffs waived objections to the sufficiency of the notice of removal by failing to seek remand within thirty days of removal D. holding that affidavit submitted to the court after the plaintiffs motion to remand was sufficient to cure the defect in the removal petition E. holding that the failure to join all the defendants in a removal petition is not a jurisdictional defect

assistant: The best answer is D. holding that affidavit submitted to the court after the plaintiffs motion to remand was sufficient to cure the defect in the removal petition
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: (b) Nothing in this Agreement will prohibit Receiving Party from disclosing Confidential Information of Disclosing Party if legally required to do so by judicial or governmental order or in a judicial or governmental proceeding (“Required Disclosure”); provided that Receiving Party shall: (i) give Disclosing Party reasonable notice of such Required Disclosure prior to disclosure;

assistant: Yes
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 authorization, approval, or consent of, and no filing or registration with, any Governmental Authority or third party is or will be necessary for the execution, delivery or performance by Borrower of this Agreement and the other Loan Documents to which Borrower is or may become a party or the validity or enforceability thereof, except (i) such as have been obtained or made and are in full force and effect and (ii) the filing of any required documents with the SEC after the Closing Date.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: that defendant already had two DUI convictions. ¶ 6. Indeed, defendant’s challenge t gh Rule 35 because it was correct when entered and — as a conviction, not a sentence — is not subject to Rule 35. ¶ 7. Similarly, the correction of record provision of Rule 36 does not apply because the authorization in the rule is limited to clerical mistakes. Amending defendant’s conviction from a DUI-3 to a DUI-1 is a substantive amendment dependent on the underlying facts, not a mere correction of a clerical mistake. Compare State v. Cornell, 2014 VT 82, ¶ 9, 197 Vt. 294, 103 A.3d 469 (“Under Criminal Rule 36, the court has discretion to correct clerical mistakes arising by omission or oversight”) with Greenmoss Builders, Inc. v. Dun & Bradstreet, Inc., 149 Vt. 365, 367, 543 A.2d 1320, 1322 (1988) (<HOLDING>) and State v. Champlain Cable Corp., 147 Vt. Options: A. holding that error in method by which interest from damages award was calculated was an error in substantive law not a clerical or mathematical error B. holding at the governments urging that a similar error was an error in sentencing C. holding that district court error was not clear error in denying petition for mandamus D. holding that any error was harmless and thus not plain error E. holding that constitutional error cannot be premised on error in a charge unless the error violated some right which was guaranteed to the defendant by the fourteenth amendment

assistant: The best answer is A. holding that error in method by which interest from damages award was calculated was an error in substantive law not a clerical or mathematical error
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, the Deed of Indemnification dated as of DATE and the Employee Agreement with respect to Inventions and Proprietary Information dated DATE between the Company and Executive, constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior agreements between the parties with respect to any related subject matter. Notwithstanding the foregoing, except to the extent in conflict therewith, this Agreement does not supersede the Employee Agreement with respect to Inventions and Proprietary Information dated DATE between Executive and the Company.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Executive shall receive a base salary (the “Base Salary”) paid by the Company at the annual rate of $318,000 (Three Hundred Eighteen Thousand Dollars), payable in accordance with the Company’s general payment practices, but no less frequently than monthly, in substantially equal installments, with the opportunity for increases from time to time thereafter in accordance with the Company’s regular executive compensation practices.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company represents and warrants that the undersigned has the authority to act on behalf of the Company and to bind the Company and all who may claim through it to the terms and conditions of this Agreement. Employee represents and warrants that he has the capacity to act on his own behalf and on behalf of all who might claim through him to bind them to the terms and conditions of this Agreement. Each party warrants and represents that there are no liens or claims of lien or assignments in law or equity or otherwise of or against any of the claims or causes of action released herein.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: [risks] before they become historical fact” and that it has supplied a “reasoned chronicle of its risk assessment.” In sum, we hold that the Corps’s decision to issue the MATOC solicitation “evince[es] rational reasoning and consideration of relevant factors.” Were we to conclude otherwise, we would be second-guessing the Corps’s action. That is something we are not permitted to do. “ ‘If the court finds a reasonable basis for the agency’s action, the court should stay its hand even though it might, as an original proposition, have reached a different conclusion as to the proper administration and application of the procurement regulations.’ ” Honeywell, Inc. v. United States, 870 F.2d 644, 648 (Fed.Cir.1989) (quoting M. Steinthal & Co. v. Seamans, 455 F.2d 1289, 1301 (D.C.Cir.1971)) (<HOLDING>). In this case, the Corps has demonstrated a Options: A. holding that as a matter of law where the procurement decision was rational a reviewing court may not award injunctive relief despite the presence of procedural irregularities in the procurement process B. holding that in bid protest cases a bid award may be set aside if either 1 the procurement officials decision lacked a rational basis or 2 the procurement procedure involved a violation of regulation or procedure C. holding a bid award may be set aside if either 1 the procurement officials decision lacked a rational basis or 2 if the procurement procedure involved a violation of regulation or procedure D. holding that a bid award may be set aside if either 1 the procurement officials decision lacked a rational basis or 2 the procurement procedure involved a violation of regulation or procedure E. holding that the general accounting offices determination that a bid for a procurement contract was responsive and properly disclosed the bidders identity had a rational basis

assistant: The best answer is E. holding that the general accounting offices determination that a bid for a procurement contract was responsive and properly disclosed the bidders identity had a rational basis
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed by facsimile or other electronic means and in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one instrument. Each counterpart may consist of a number of copies each signed by less than all, but together signed by all, the parties hereto.

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 legal provision and list the applicable contract clause categories. Provision: The proceeds of the Loans hereunder shall be used by the Borrower to repay Debt under the 2016 Notes and for working capital and general business purposes of the Borrower and the Subsidiaries to the extent permitted in this Agreement. The Borrower will not (a) directly or indirectly, use any part of such proceeds for the purpose of purchasing or carrying any margin stock within the meaning of Regulation U or to extend credit to any Person for the purpose of purchasing or carrying any such margin stock, or for any purpose which violates, or is inconsistent with, Regulation X or (b) directly or, to its knowledge, indirectly, use any part of such proceeds or otherwise make available such proceeds (x) to any Person, for the purpose of financing the activities of any Person currently subject to any U.S. sanctions administered by OFAC or (y) for any payments to any governmental official or employee, political party, official of a political party, candidate for political office, or anyone else acting in an official capacity, in order to obtain, retain or direct business or obtain any improper advantage, in violation of the U.S. Foreign Corrupt Practices Act of 1977.

assistant: Use Of Proceeds