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: every reason to believe that he had complied with the requirement to file with that agency within 300 days.” Id., 225 F.Supp.2d at 489. We further reasoned that “Plaintiff would know that he was protected from exceeding the 300-day statutory period as of the date he learned that a charge number had been assigned to his case.” Id., 225 F.Supp.2d at 490. In Zysk, then, we spoke of the docketing of the charge not as that which rendered the complaint effective, but rather as an indicator to the plaintiff that the charge had in fact been timely filed. Although the assigning of a charge number within the limitations period is a fairly good indicator that an effective charge has been received on time, but see Michelson v. Exxon Research and Eng. Co., 808 F.2d 1005, 1010-11 (3d Cir., 1987) (<HOLDING>) , it is not, and Zysk does not stand for the Options: A. holding an intake questionnaire to constitute a charge under the adea upon application of the manifestation of intent test although the eeoc did not consider the questionnaire to be a charge and the aggrieved person subsequently filed a formal charge B. holding that a general release covered plaintiffs claim even though he had already filed an eeoc charge C. holding that where the writings on file were insufficient to constitute an effective charge a charge had not been effectively filed despite the fact that the eeoc had assigned the case a charge number D. holding that failure of eeoc to transmit charge to phrc within limitations period was subject to equitable tolling where plaintiff requested crossfiling in the cover letter attached to the eeoc charge on the first page of the charge itself and on an official form used by the eeoc for requests for dualfiling E. holding that the felonymurder charge must be submitted to the jury in a capital case where the evidence clearly indicates the appropriateness of the charge

assistant: The best answer is C. holding that where the writings on file were insufficient to constitute an effective charge a charge had not been effectively filed despite the fact that the eeoc had assigned the case a charge number
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: were not legally entitled to lost profits. We will address each of these contentions in turn. A. The Serletics first assert that the law of the case doctrine required the trial judge entering the award of damages to follow a previous judge’s ruling concerning the measurement of damages. However, their understanding of the law of the case doctrine is incorrect. • Generally, until a judgment is entered, a trial court can amend, modify or change an earlier decision. Wisconics Engineering, Inc. v. Fisher, 466 N.E.2d 745, 752 (Ind.Ct.App.1984), reh’g denied, trans. denied. Our supreme court has held: “It often happens that the-judge who originally has jurisdiction.-is required to rule upon a question of law, presented by demurrer or other pleading, and that 5 F.3d 155, 160 (7th Cir.1995) (<HOLDING>), cert. denied, 515 U.S. 1103, 115 S.Ct. 2248, Options: A. holding that an exhaustion of appellate remedies is required to make a trial courts ruling the law of the case B. recognizing that exhaustion of state administrative remedies is not required as a prerequisite to bringing an action pursuant to 1983 C. holding that an unappealed ruling is the law of the case D. holding that courts have consistently required exhaustion of administrative remedies under foia E. recognizing that issue exhaustion requirement and requirement exhaustion of remedies are different

assistant: The best answer is A. holding that an exhaustion of appellate remedies is required to make a trial courts ruling the law of the case
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 general release containing “all other persons” language are deemed as a matter of law to have expressed their intent to discharge all potential tortfeasors. Flat bar courts thus look only to the four comers of the release document and to adhere to the flat bar rule. As between the remaining two approaches — the intent rule and the specific identity rule — the intent rule has been adopted by a bare majority of courts. See, e.g., McInnis v. Harley-Davidson Motor Co., 625 F.Supp. 943, 956-57 (D.R.I.1986) (predicting Rhode Island would adopt intent rule); General Motors Corp. v. Superior Court, 12 Cal.App.4th 435, 15 Cal.Rptr.2d 622, 625-27 (1993) (applying traditional rules of contract construction and determining that terms of release were facially unambiguous); Neves, 769 P.2d at 1053 (<HOLDING>); Sims, 623 A.2d at 1001-02 (holding that Options: A. holding that extrinsic evidence of the parties course of conduct may be considered where the contract language is ambiguous B. holding that extrinsic evidence admissible to determine intent of parties C. holding that a court may consider extrinsic evidence to determine whether a contract is ambiguous D. holding that court must determine intent of parties by reference to language of release turning to extrinsic evidence only when it determines as a matter of law that terms are ambiguous E. holding that parol evidence is admissible to determine intent of parties

assistant: The best answer is B. holding that extrinsic evidence admissible to determine intent of parties
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 U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 510 U.S. 42 CAVANAUGH, EXECUTIVE DIRECTOR, SOUTH CAROLINA DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES, et al.v.ROLLER No. 92-1510. Supreme Court of United States. Argued November 8, 1993. Decided November 30, 1993. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT Certiorari dismissed. Reported below: 984 F. 2d 120. Carl N. Lundberg argued the cause for petitioners. With him on the briefs were T. Travis Medlock, Attorney General of South Carolina, and Edwin W. Evans, Chief Deputy Attorney General. W. Gaston Fairey, by appointment of the Court, 509 U. S. 920, argued the cause and filed a brief for respondent. PER CURIAM. 1 The writ of certiorari is dismissed as improvidently granted.

assistant: 9
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 1934, and not just the SRA amendments. See § 201(a) (section 201 amends 21D); § 27(b) (section 21D amends "Title I of the Securities Exchange Act of 1934 (78a et seq.)"). Thus, Congress was making the distinction between knowing violators under section 21D of the SRA, and, for example, non-knowing control persons under section 78t of the original Act. 5 . Although the Court initially accepted plaintiffs’ submission and authorized the Clerk to file it under seal, the Court has not reviewed its contents. At plaintiffs’ discretion, the submission shall be returned to them or kept under seal for appellate purposes. 6 . The forms also may be admissible under the business and/or government records exceptions to the hearsay rule. See United States v. Bland, 961 F.2d 123, 127 (9th Cir.1992) (<HOLDING>); United States v. Central Gulf Lines, Inc., Options: A. holding that municipal court records were admissible under official records or public documents exception B. holding that gun shop records kept pursuant to government requirements are admissible business records C. holding that records relating to a student court were not education records D. holding that data pulled from records regularly kept by the montana department of environmental quality was admissible under the public records exception to the hearsay rule E. holding that to the extent medical records may be properly categorized as business records such records are properly categorized as nontestimonial

assistant: The best answer is B. holding that gun shop records kept pursuant to government requirements are admissible business records
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: McAlister, Slycord, and Gavronsky. He would sell at roughly the same rate, between $1000 and $1200 per ounce, and usually sold at least an ounce at a time, and often up to four ounces at once. In one month, Gavronsky alone completed six to eight purchases of methamphetamine, each time obtaining one or two ounces of methamphetamine for resale. Testimony also established that Slycord’s standard purchase from Oleson was an ounce of marijuana and four ounces of methamphetamine. Considering the amount of contraband in these transactions in combination with the testimony of frequent standardized sales, we conclude there is sufficient evidence to support an inference that Oleson was part of the conspiracy to distribute narcotics. See United States v. Trotter, 889 F.2d 153, 156 (8th Cir.1989) (<HOLDING>). To convict Oleson of possession of Options: A. holding anonymous tip that someone at the residence was dealing drugs did not amount to anything the tip was never substantiated and none of the occupants were ever charged with drug dealing B. holding other than location of the drugs state presented evidence establishing direct connection between drugs and accused thereby creating inference of control C. holding even small amount of drugs may support inference of dealing when combined with other evidence consistent with distribution D. holding extraordinary circumstances when considering repeated affirmative misrepresentations combined with plaintiffs diligence over an extended course of dealing E. holding that police district attorney and judge are charged with knowledge of law particularly when dealing with constitutional rights

assistant: The best answer is C. holding even small amount of drugs may support inference of dealing when combined with other evidence consistent with distribution
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 Transition Period, Executive will continue to participate in the group medical, dental and vision plans (as in effect from time to time) sponsored by the Company (each, a “Company Plan”) for which she is eligible. Notwithstanding the foregoing, Executive’s portion of the premiums for participation in the Company’s group health plans for which Executive is eligible will be on a post-tax basis and the Company’s portion of any premiums will be treated as taxable income to Executive if necessary to avoid adverse tax consequences to Executive resulting from the application of Section 105(h) of the Internal Revenue Code of 1986, as amended (the “ Code ”). Executive shall also be eligible to continue participation in any other employee benefit plan sponsored by the Company in which she is eligible to participate by the terms of such plan. Executive shall not be eligible to accrue PTO during the Transition Period. The Company shall also reimburse Executive for the cost of the premium payment due in early 2017 for renewal of Executive’s supplemental life insurance policy with North American Company for Life and Health Insurance to be pro-rated through the end of the Transition Period. The Company shall also pay for the cost of the Executive's annual physical exam conducted on or before January 31, 2017 in accordance with the terms of the Company’s policy on executive annual physicals.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: all trademarks , service marks , logos , trade names and any other proprietary designations of academia.edu used herein are trademarks or registered trademarks of academia.edu .

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: Each of GTHC, Avalon and the Shareholders will use its, his or her, as the case may be, best efforts to take all action and to do all things necessary, proper or advisable on order to consummate and make effective the transactions contemplated by this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Employee agrees to cooperate reasonably with the Company in connection with any Company-related matters for which Employee’s involvement or input is requested and, specifically including any attorney or other consultant retained by the Company, pending or future litigation, arbitration, business, or investigatory matter. The Parties acknowledge and agree that such cooperation may include, but shall in no way be limited to, Employee being available for interview by the Company, or any attorney or other consultant retained by the Company, and providing to the Company any documents in Employee’s possession or under Employee’s control. The Company agrees to provide Employee with reasonable notice of the need for assistance when feasible and reimburse Employee for reasonable, agreed-upon expenses (for example, parking, required travel etc.) incurred in association with such cooperation.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: to an audience sympathetic to pornography, and that the “Asshole of the Month” column is an especially frequent vehicle for Hustler’s lampooning of its critics, all will telegraph to a reader that the article presents opinions, not allegations of fact. See Ault, at 881; Fudge v. Penthouse Int’l, Ltd., 840 F.2d 1012, 1017 (1st Cir.1988), cert. denied, — U.S. -, 109 S.Ct. 65, 102 L.Ed.2d 42. Furthermore, the context of the article makes clear that its content is opinion. Even apparent facts must be allowed as opinion “when the surrounding circumstances of a statement are those of a heated political debate, where certain remarks are necessarily understood as ridicule or vituperation, or both, but not as descriptive of factual matters.” Koch v. Goldway, 817 F.2d 507, 509 (9th Cir.1987) (<HOLDING>). As we concluded in Ault, whether Hustler’s Options: A. recognizing that a defendants right to be heard in criminal proceedings prior to sentencing is constitutionally protected B. holding may ors query whether her political opponent was a nazi war criminal bearing the same name to be constitutionally protected opinion C. holding that fathers military service alone was neither political opinion nor sufficient to establish imputed political opinion D. holding that opposition to a gangs criminal activity is not a protected political opinion E. holding that imputed political opinion is a protected ground

assistant: The best answer is B. holding may ors query whether her political opponent was a nazi war criminal bearing the same name to be constitutionally protected opinion
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Borrower will file or cause to be filed all federal and other material tax returns which are required to be filed by it. The Borrower shall pay or cause to be paid all taxes shown to be due and payable on such returns or on any assessments received by it, other than any taxes or assessments, the validity of which are being contested in good faith by appropriate proceedings and with respect to which the Borrower shall have set aside or has caused to be set aside adequate reserves on its books (consolidated or otherwise) 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 case excerpt and choose the best holding from the options. Case excerpt: (“It is immaterial that [the defendant’s] firearm purchase and domestic violence conviction occurred prior to [18 U.S.C.] § 922(g)(9)’s enactment because the conduct prohibited by [18 U.S.C.] § 922(g)(9) is the possession of a firearm .... [Thus,] the application of [18 U.S.C.] § 922(g)(9) to [the defendant] does not run afoul of the ex post facto prohibition.”); United States v. Boyd, 52 F.Supp.2d 1233, 1236-37 (D.Kan.1999), aff'd 211 F.3d 1279 (10th Cir.2000), (concluding the illegal act was not completed until after 18 U.S.C. § 922(g)(9) became effective because the illegal act in 18 U.S.C. § 922(g)(9) is the possession of the firearm, not the misdemeanor domestic violence conviction); United States v. Meade, 986 F.Supp. 66, 69 (D.Mass.1997), aff'd 175 F.3d 215 (1st Cir.1999), (<HOLDING>); NAGE, Inc. v. Barrett, 968 F.Supp. 1564, Options: A. holding that 18 usc 3559c did not violate separation of powers doctrine or ex post facto clause B. holding that revocation of medical license does not violate the ex post facto clause C. holding the use of a 1951 felony conviction as a predicate for a violation of 18 usc 922g1 did not violate the ex post facto clause because the crime of being a felon in possession of a firearm was not committed until after the effective date of the statute under which he was convicted D. holding ex post facto clause barred application of mvra to defendant whose criminal conduct occurred before the effective date of the statute E. holding 18 usc 922g9 penalizes the possession of a firearm after its effective date and therefore does not constitute a violation of the ex post facto clause

assistant: The best answer is E. holding 18 usc 922g9 penalizes the possession of a firearm after its effective date and therefore does not constitute a violation of the ex post facto clause
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: R. 130, Ex. 20 (Zamiara/Berghuis Email). Zamiara also included a copy of the original screen that would have shown the markings from Chaffee that the prisoner had no major misconducts and was “manageable in Level II.” Rather than causing Berghuis to question the increase in security level, she “chewed out” Chaffee and instructed him to fix the screen. R. 171 (Trial Tr. I at 133:11-19; 147:24-148:3; 149:7-11). Although this was hardly an exemplary course of conduct, the record does not establish that this “fix” was necessary to maintain King’s security status at the higher level, or had any impact on his security level. As a result, we cannot say that Warden Berghuis’s actions constituted active participation in maintaining a constitutional violation. See Taylor, 69 F.3d at 81 (<HOLDING>) (citing Hill v. Marshall, 962 F.2d 1209 (6th Options: A. holding triable issue of whether supervisor could be liable for abandoning duties despite actual knowledge of breakdown in proper procedures by department B. holding that a supervisor was not similarly situated to another supervisor with the same title where the former could not perform the latters duties C. recognizing that duty to warn of dangerous conditions could be based on constructive knowledge of that condition as well as actual knowledge D. holding no triable issue of fact existed where employee had not asked for accommodation E. holding that the department of social and rehabilitation services could be held liable for the sexual abuse of the plaintiff by her stepfather

assistant: The best answer is A. holding triable issue of whether supervisor could be liable for abandoning duties despite actual knowledge of breakdown in proper procedures by department
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Any Lender may at any time, without the consent of, or notice to, the Borrower or the Administrative Agent, sell participations to any Person (other than a natural Person, or a holding company, investment vehicle or trust for, or owned and operated for the primary benefit of a natural Person or the Borrower or any of the Borrower’s Affiliates or Subsidiaries) (each, a “ Participant ”) in all or a portion of such Lender’s rights and/or obligations under this Agreement (including all or a portion of its Commitment and/or the Loans owing to it); provided that (i) such Lender’s obligations under this Agreement shall remain unchanged, (ii) such Lender shall remain solely responsible to the other parties hereto for the performance of such obligations and (iii) the Borrower, the Administrative Agent and the Lenders shall continue to deal solely and directly with such Lender in connection with such Lender’s rights and obligations under this Agreement. For the avoidance of doubt, each Lender shall be responsible for the indemnity under Section 10.04(c) without regard to the existence of any participation.

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 legal provision and list the applicable contract clause categories. Provision: BECAUSE DISPUTES ARISING IN CONNECTION WITH COMPLEX TRANSACTIONS ARE MOST QUICKLY AND ECONOMICALLY RESOLVED BY AN EXPERIENCED AND EXPERT PERSON AND THE PARTIES WISH APPLICABLE STATE AND FEDERAL LAWS TO APPLY (RATHER THAN ARBITRATION RULES), THE PARTIES DESIRE THAT THEIR DISPUTES BE RESOLVED BY A JUDGE APPLYING SUCH APPLICABLE LAWS. THEREFORE, TO ACHIEVE THE BEST COMBINATION OF THE BENEFITS OF THE JUDICIAL SYSTEM AND OF ARBITRATION, EACH PARTY TO THIS AGREEMENT (INCLUDING THE COMPANY) HEREBY WAIVES ALL RIGHTS TO TRIAL BY JURY IN ANY ACTION, SUIT, OR PROCEEDING BROUGHT TO RESOLVE ANY DISPUTE BETWEEN OR AMONG ANY OF THE PARTIES HERETO, WHETHER ARISING IN CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF, CONNECTED WITH, RELATED OR INCIDENTAL TO THIS AGREEMENT, THE TRANSACTIONS CONTEMPLATED HEREBY AND/OR THE RELATIONSHIPS ESTABLISHED AMONG THE PARTIES HEREUNDER.

assistant: Waiver Of Jury Trials
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: (i) The Borrower hereby pledges, assigns and grants a Lien to and in favor of the Administrative Agent, for its benefit and the ratable benefit of the Lenders, as security for the payment of all Obligations due in respect of the Loan Documents and the performance of all other terms, conditions and covenants of this Agreement and each other Loan Document, all of Borrower’s right, title and interest in and to each of the Accounts and all other Account Collateral. The Borrower shall not further pledge, assign or grant any security interest in any of the Accounts or the Account Collateral, or permit any Lien or encumbrance to attach thereto, or any levy to be made thereon, or any UCC financing statements, except those naming the Administrative Agent, for the benefit of the Lenders, as the secured party, to be filed with respect thereto.

assistant: Releases
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 Rule 56(f) requires movant to show “how allowing additional discovery would have precluded summary judgment” (internal quotation marks and citation omitted)). . The district court awarded attorney’s fees and costs against Gamage for pursuing a frivolous action under 42 U.S.C. § 1988 and Nevada Revised Statute 18.010(2)(b). The district court also sanctioned Bach under 28 U.S.C. § 1927 after finding that he “recklessly [and] in bad faith” multiplied the proceedings. See United States v. Blodgett, 709 F.2d 608, 610 (9th Cir.1983). The district court did not abuse its discretion in finding that Gamage’s action as a whole was frivolous or that Bach multiplied the proceedings recklessly and in bad faith. See Harris v. Maricopa Cty. Superior Court, 631 F.3d 963, 971 (9th Cir.2011) (<HOLDING>); Blodgett, 709 F.2d at 610 (holding that Options: A. holding that attorneys fees awards are available under 1988 for frivolous actions B. holding that judicial immunity was not a bar to awards of attorneys fees and costs or to demands for injunctive relief C. holding that a case awarding fees under 42 usc 1988 has no application in a private claim for attorneys fees sounding in mississippi contract law D. holding that a law clerks time is recoverable as part of attorneys fees under 1988 E. holding defendant may receive only the portion of his fees under 42 usc 1988 that he would not have paid but for the frivolous claim

assistant: The best answer is A. holding that attorneys fees awards are available under 1988 for frivolous actions
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 agrees that if Executive is made a party to or involved in, or is threatened to be made a party to or otherwise to be involved in, any action, suit or proceeding, whether civil, criminal, administrative or investigative (a “ Proceeding ”), by reason of the fact that he is or was a director, officer or employee of the Company or any of its subsidiaries, Executive shall be indemnified and held harmless by the Company against any and all liabilities, losses, expenses, judgments, penalties, fines and amounts reasonably paid in settlement in connection therewith, and shall be advanced reasonable expenses (including attorneys’ fees) as and when incurred in connection therewith, to the fullest extent legally permitted or authorized by the Company’s By-laws or, if greater, by the laws of the State of Delaware, as may be in effect from time to time. The rights conferred on Executive by this Section 15 shall not be exclusive of any other rights which Executive may have or hereafter acquire under any statute, the By-laws, agreement, vote of stockholders or disinterested directors or otherwise. The indemnification and advancement of expenses provided for by this Section 15 shall continue as to Executive after he ceases to be a director, officer or employee, and shall inure to the benefit of his heirs, executors and administrators.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Borrower and each Obligor, in consideration of the Administrative Agent’s and the undersigned Lenders’ execution and delivery of this Amendment and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, unconditionally, freely, voluntarily and, after consultation with counsel and becoming fully and adequately informed as to the relevant facts, circumstances and consequences, releases, waives and forever discharges (and further agrees not to allege, claim or pursue) any and all claims, rights, causes of action, counterclaims or defenses of any kind whatsoever, in contract, in tort, in law or in equity, whether known or unknown, direct or derivative, which the Borrower, each Obligor or any predecessor, successor or assign might otherwise have or may have against the Administrative Agent, the Lenders, their present or former subsidiaries and affiliates or any of the foregoing’s officers, directors, employees, attorneys or other representatives or agents on account of any conduct, condition, act, omission, event, contract, liability, obligation, demand, covenant, promise, indebtedness, claim, right, cause of action, suit, damage, defense, circumstance or matter of any kind whatsoever which existed, arose or occurred at any time prior to the Amendment Effective Date relating to the Loan Documents, this Amendment and/or the transactions contemplated thereby or hereby. The foregoing release shall survive the termination of this Amendment.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: v. State, 175 Ga. App. 234, 238-39 (4) (333 SE2d 103) (1985) (reversing conviction when there was no evidence that firearm found near defendant was on defendant’s person during commission of the crime). 32 Carswell, 251 Ga. App. at 735 (1) (b) (emphasi at jury could “consider the evidence concerning the small size and crowded conditions within the residence and infer that it was inevitable” that defendant passed even momentarily within arm’s reach of a firearm hidden under a couch that was positioned behind a coffee table containing cocaine). 36 Copeland v. State, 228 Ga. App. 734, 736 (1) (492 SE2d 723) (1997), declined to follow on other grounds, Weems v. State, 269 Ga. 577, 579 (2) & n.2 (501 SE2d 806) (1998). Cf. Ferguson v. State, 307 Ga. App. 232, 233 (1) (704 SE2d 470) (2010) (<HOLDING>). 37 See Martinez v. State, 303 Ga. App. 166, Options: A. holding that evidence in an inadmissible form may be considered at the summary judgment stage as long as the evidence is submitted in an admissible form at trial B. holding inter alia that a jury may consider a defendants appearance at trial in conjunction with the evidence submitted at trial in order to resolve conflicts in the testimony presented C. holding that the trial court properly added a party defendant to conform to the evidence presented at the trial D. holding that the sixth amendments guarantee of a trial by jury requires the jury to base its verdict only on the evidence presented at trial E. holding that the sixth amendments guarantee of a trial by jury requiresthe jury to base its verdict only on the evidence presented at trial

assistant: The best answer is B. holding inter alia that a jury may consider a defendants appearance at trial in conjunction with the evidence submitted at trial in order to resolve conflicts in the testimony presented
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 and (i) the Exhibits and Schedules attached hereto, and (ii) the documents delivered pursuant hereto, including the Transaction Documents, collectively, set forth all the promises, covenants, agreements, conditions and understandings between the parties hereto with respect to the subject matter hereof and thereof, and supersede all prior and contemporaneous agreements, understandings, inducements or conditions, expressed or implied, oral or written.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same agreement providing for a single grant of shares o f Restricted Stock ; and any counterpart may be delivered to another party by e-mail or facsimile transmission. A facsimile (“fax”) signature to this Agreement, or a signature to this Agreement electronically transmitted in “pdf” format or by email, shall be considered a binding signature and shall 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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: for customer support with account-related and payment-related questions ( `` customer support queries '' ) , please submit a ticket to our customer service department using the customer service contact form on the about us section of our website .

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: Participant shall be eligible to receive an Award only if Participant remains employed by the Corporation through the last day of the Performance Period. If Participant ceases to be employed by the Corporation at any time prior to the last day of the Performance Period, then, except as otherwise provided below, this Agreement shall be canceled immediately on the Separation Date and Participant shall cease to have any right or entitlement to receive any payment hereunder. Nothing contained in this Agreement or in the Plan shall confer upon Participant any right to continue in the employment of the Corporation or to continue at the same job level that Participant holds as of the Date of Grant.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: (5th Cir. 2004). 68 . In re Jasper, 559 Fed.Appx. 366, 372 (5th Cir. 2014) (quoting Osborne, 379 F.3d at 283). 69 . Tex Gov’t Code Ann. § 78.054(b) (West). 70 . Cf. Tex. Code Crim. Proc. Ann. art. 11.071 § 2(e) (West) (providing time periods for when state habeas counsel must move to appoint federal habeas counsel after the court of criminal appeals denies relief). 71 . In re Paredes, 587 Fed.Appx. 805, 824-25 (5th Cir. 2014) (per curiam). 72 . Id. 73 . Diaz v. Stephens, 731 F.3d 370, 375 (5th Cir. 2013). 74 . 545 U.S. 524, 531-32, 125 S.Ct 2641, 162 L.Ed.2d 480 (2005). 75 . Id. at 532 n.5, 125 S.Ct. 2641 (citation omitted). 76 . Clark v. Thaler, - U.S. -, 133 S.Ct. 179, 184 L.Ed.2d 90 (2012) (mem.). 77 . See Holland v. Florida, 560 U.S. 631, 649, 130 S.Ct. 2549, 177 L.Ed.2d 130 (2010) (<HOLDING>). 78 . Davis v. Johnson, 158 F.3d 806, 811 (5th Options: A. holding that aedpas statute of limitations is subject to equitable tolling only when an inmate diligently pursues his claims and demonstrates that the failure to timely file was caused by extraordinary circumstances beyond his control B. holding equitable tolling appropriate where a party is prevented in some extraordinary way from exercising his rights C. holding that 2244d is subject to equitable tolling if ae petitioner demonstrates 1 that he has been pursuing his rights diligently and 2 that some extraordinary circumstance stood in his way and prevented timely filling quoting pace v diguglielmo 544 us 408 418 125 sct 1807 161 led2d 669 2005 D. holding equitable tolling available if an inmate diligently pursues his claims and demonstrates that the failure to timely file was caused by extraordinary circumstances beyond his control E. holding that equitable tolling is only available when an inmate diligently pursues his claims and demonstrates that the failure to timely file was caused by extraordinary circumstances beyond his control

assistant: The best answer is C. holding that 2244d is subject to equitable tolling if ae petitioner demonstrates 1 that he has been pursuing his rights diligently and 2 that some extraordinary circumstance stood in his way and prevented timely filling quoting pace v diguglielmo 544 us 408 418 125 sct 1807 161 led2d 669 2005
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: to Miranda warnings. Moreover, the government agreed not to submit to the jury any statements that Ahmad Bey made at the interview and Ahmad Bey does not allege that the government broke their agreement. We can quickly dispose of Ahmad Bey’s remaining arguments. She argues that the district court should not have rejected her claim of privilege and allowed the government to call as witnesses the attorneys she hired to file her bankruptcy petitions. But information provided to an attorney in anticipation of a bankruptcy filing is not intended to be held in confidence and therefore is not privileged. United States v. White, 970 F.2d 328, 334 (7th Cir.1992); United States v. White, 950 F.2d 426, 430 (7th Cir.1991); see also United States v. Frederick, 182 F.3d 496, 500 (7th Cir.1999) (<HOLDING>). Ahmad Bey also argues that the government Options: A. holding defendant liable for intended loss created by filing false tax return for someone else even though intended victim demonstrated to irs that tax return was bogus B. holding that trial court properly refused to permit disclosure of privileged communications in part because use of the privileged information was not essential to the defense C. holding that tax returns are privileged under the statutes that prohibited the tax board and employees from disclosing any information and this privilege should not be nullified by allowing third parties to obtain the information by demanding copies of the returns D. holding that information furnished to preparer of tax return is not privileged E. holding that intentional failure to file an information return is not a willful filing

assistant: The best answer is D. holding that information furnished to preparer of tax return is not privileged
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: Borrower hereby represents that it has dealt with no financial advisors, brokers, underwriters, placement agents, agents or finders in connection with the transactions contemplated by this Agreement. Borrower shall indemnify, defend and hold Lender harmless from and against any and all claims, liabilities, losses, costs and expenses of any kind (including Lender’s reasonable attorneys’ fees and expenses) in any way relating to or arising out of a claim by any Person that such Person acted on behalf of Borrower or Lender in connection with the transactions contemplated herein. The provisions of this Section 10.19 shall survive the expiration and termination of this Agreement and the payment of the Obligations.

assistant: Brokers
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: threat, as long as one does so with a corrupt purpose. See United States v. Shotts, 145 F.3d 1289, 1301 (11th Cir.1998) (sustaining a conviction under § 1512(b) where an employer told an employee not to talk to investigators so that she would not be bothered, finding that a jury could reasonably have inferred that the employer was attempting with improper motive to persuade the employee not to talk to investigators); see also United States v. Tocco, 135 F.3d 116, 126-27 (2d Cir.1998) (sustaining defendant’s conviction of witness tampering based on evidence showing defendant had substantial influence over witness because he was her landlord and her employer, and had paid for an attorney to help her prepare her testimony); United States v. Gabriel, 125 F.3d 89, 102-03 (2d Cir.1997) (<HOLDING>); United States v. Morrison, 98 F.3d 619, Options: A. holding that witness grand jury testimony was admissible when defendant waived his constitutional right of confrontation by making witness unavailable by threats to his life B. holding that where witness refused to take the oath and testify his grand jury testimony should not have been admitted because he was not subject to cross examination before the grand jury C. recognizing that defendants attempt to persuade a witness to make false exculpatory statements is probative of guilty knowledge and intent D. holding that a defendants false grand jury testimony was insufficient to establish perjury where the defendant was called before the grand jury for the mere purpose of laying the foundation for a perjury prosecution such testimony was immaterial to the grand jurys purpose E. holding that defendants attempt to mislead a client by providing it with false information was illegal witness tampering because defendant was trying to corruptly persuade or mislead the client with the intent of influencing its potential testimony before the grand jury

assistant: The best answer is E. holding that defendants attempt to mislead a client by providing it with false information was illegal witness tampering because defendant was trying to corruptly persuade or mislead the client with the intent of influencing its potential testimony before the grand jury
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Each of the other covenants, representations and warranties in this Agreement shall survive the Closing and shall terminate and expire on the first (1 st ) anniversary of the Closing Date; provided , that (i) each of the Fundamental Representations and the Company’s representations in Sections 4.20 (Investment Company Act), 4.23 (General Solicitation), 4.24 (Offering; Exemption), and 4.25 (No Integrated Offering) shall survive until the date that is two (2) years following the Closing and (ii) any covenant contained in this Agreement that, by its terms, provides for performance following the Closing shall survive the Closing and shall terminate and expire on the first (1 st ) anniversary of the date on which such covenants are due to be performed in full. Any claim by a party under this Agreement with respect to a breach of such covenants, representations and warranties shall be brought no later than the applicable survival date.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: if you are under the age of consent in your country to form a binding agreement , you should only use our service if you are either an emancipated minor , or have the legal consent of your parent or guardian for your use of our service .

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: 389 N.W.2d 686. Thus, a “successful claim under the [PWDCRA] requires a finding that plaintiff is physically limited in a way unrelated to his ability to work.” Kerns v. Dura Mechanical Components, Inc., 242 Mich.App. 1, 17, 618 N.W.2d 56 (2000). Where an employee claims that he was not actually disabled but was perceived as being disabled by his employer, an employer has no duty to provide an accommodation. Workman v. Frito-Lay, Inc., 165 F.3d 460, 467 (6th Cir.1999) (“Under the third prong, ‘regarded as’ having a disability, the defendant correctly contends that a finding on this basis would obviate the Company’s obligation to reasonably accommodate Workman.”). See also Baker v. Windsor Republic Doors, No. 1:06-cv-01 137, 2009 WL 1231035 at *9 (W.D.Tenn. May 1, 2009) (unpublished) (<HOLDING>). Where an employee is unable to demonstrate Options: A. holding that regarded as claim was reasonably related to claim of discrimination on the basis of disability B. holding that an employee whose disability is related to his ability to perform the duties of his position is not disabled under the act and therefore an employer has no duty to accommodate C. holding that regarded as claim is reasonably related to claim of discrimination on the basis of disability alleged in eeoc charge D. holding that regarded as disabled plaintiffs are not entitled to reasonable accommodation E. holding that the sixth circuits clear statement in workman that a finding of regarded as disability obviates the obligation to reasonably accommodate is binding precedent and upholding jurys finding that defendant was not liable for failing to accommodate a regarded as disabled employee

assistant: The best answer is E. holding that the sixth circuits clear statement in workman that a finding of regarded as disability obviates the obligation to reasonably accommodate is binding precedent and upholding jurys finding that defendant was not liable for failing to accommodate a regarded as disabled 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: This Agreement shall be governed by and interpreted in accordance with the laws of the Commonwealth of Pennsylvania, without giving effect to any conflict of law provisions and without the aid of any canon, custom or rule of law requiring or suggesting construction against the drafter. Any court action instituted by Executive or on his behalf relating in any way to this Agreement or his employment with the Company shall be filed exclusively in federal or state court in Pennsylvania and Executive consents to the jurisdiction and venue of these courts in any action instituted by the Company against him. The captions of this Agreement are not part of the provisions hereof and shall have no force or effect.

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: In the event that any particular provision or provisions of this Rescission Agreement or the other agreements contained herein shall for any reason hereafter be determined to be unenforceable, or in violation of any law, governmental order or regulation, such unenforceability or violation shall not affect the remaining provisions of such agreements, which shall continue in full force and effect and be binding upon the respective Parties hereto.

assistant: Severability