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: a state official in his or her official capacity is not a suit against the official but rather is a suit against the official’s office." Will v. Mich. Dep’t of State Police, 491 U.S. 58, 71, 109 S.Ct. 2304, 105 L.Ed.2d 45 (1989); Atchinson v. District of Columbia, 73 F.3d 418, 424 (D.C.Cir.1996) ("When sued in their official capacities, government officials are not personally liable for damages.") (citing Kentucky v. Graham, 473 U.S. 159, 166, 105 S.Ct. 3099, 87 L.Ed.2d 114 (1985)); Jefferies v. District of Columbia, 917 F.Supp.2d 10, 29 (D.D.C.2013) ("A suit against a District of Columbia official in her official capacity is equivalent to a suit against the municipality itself.”) (citations and internal quotation marks omitted); Kranz v. Gray, 842 F.Supp.2d 13, 16 n. 1 (D.D.C.2012 (<HOLDING>). This order, commonly referred to as a Fox/ Options: A. recognizing that the allegations of the complaint must be accepted as true on a threshold motion to dismiss B. holding that a pro se party must be advised of consequences of failing to respond to a dispositive motion including an explanation that the failure to respond may result in the district court granting the motion and dismissing the case C. holding that pro se plaintiffs should be advised of their right to file responsive material to a motion for summary judgment D. holding that a pro se party must be advised when motion to dismiss may be converted to motion for summary judgment that any factual assertion in the movants affidavits will be accepted by the district judge as being true unless the opposing party submits his own affidavits or other documentary evidence contradicting the assertion quoting lewis v faulkner 689 f2d 100 102 7th cir1982 E. holding that party may not rely on conclusory statements or an argument that the affidavits in support of the motion for summary judgment are not credible

assistant: The best answer is D. holding that a pro se party must be advised when motion to dismiss may be converted to motion for summary judgment that any factual assertion in the movants affidavits will be accepted by the district judge as being true unless the opposing party submits his own affidavits or other documentary evidence contradicting the assertion quoting lewis v faulkner 689 f2d 100 102 7th cir1982
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Committee may provide, to the extent permitted by Code Section 162(m) and at the time of establishing the Performance Measures for a Plan Year, that the Performance Measures for the Plan Year will be determined without regard to (i) a change in accounting standards or principles, (ii) a significant acquisition or divestiture, (iii) a significant capital transaction, (iv) other unusual, nonrecurring items, (v) any other extraordinary items or events, or (v) any objectively determinable adjustments to the Performance Measures.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: by the Forfeiture Act to file a motion to vacate the forfeiture. See, e.g., People v. $30,700 United States Currency, 199 Ill.2d 142, 262 Ill.Dec. 781, 766 N.E.2d 1084 (2002) (analyzing motion to vacate for lack of notice); In re Forfeiture of $2,354.00 United States Currency, 326 Ill.App.3d 9, 260 Ill.Dec. 148, 760 N.E.2d 565 (2001) (affirming decision of trial court to vacate forfeiture); People v. Smith, 275 Ill.App.3d 844, 212 Ill.Dec. 200, 656 N.E.2d 797, 801 (1995) (listing cases in which a decision by a unit of government was declared void by Illinois courts for lack of notice). The motion to vacate would have given Robinson the chance to argue for the return of his property, and therefore was a fully suitable remedy. Cf. Lindsey v. Storey, 936 F.2d 554, 561 (11th Cir.1991) (<HOLDING>). Robinson does not deny that the motion to Options: A. recognizing cause of action for wrongful discharge B. holding postdeprivation remedy is adequate even when deprivation was intentional C. recognizing cause of action for wrongful death D. holding that deprivation of property does not violate due process if a meaningful postdeprivation remedy is available and explaining that state tort actions are meaningful postdeprivation remedies E. holding that a civil cause of action for wrongful conversion of personal property is an adequate postdeprivation remedy for drugrelated property forfeitures

assistant: The best answer is E. holding that a civil cause of action for wrongful conversion of personal property is an adequate postdeprivation remedy for drugrelated property forfeitures
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: date of filing the claim required under such section unless the Secretary renders a decision thereon within that time, nor after the expiration of 2 years from the date of mailing by certified mail or registered mail by the Secretary to the taxpayer of a notice of the disallowance of the part of the claim to which the suit or proceeding relates. 26 U.S.C. § 6532(a)(1). Because Congress has explicitly provided for suits against the IRS for refunds only if the claimant files a complaint within two years of the agency’s decision to deny a refund claim, courts do not have jurisdiction to entertain challenges brought later. The jurisdictional nature of the two-year time limit has been recognized by this and other courts. See, e.g., Compagnoni v. United States, 173 F.3d 1369 (11th Cir.1999) (<HOLDING>); Ohio Nat. Life Ins. Co. v. United States, 922 Options: A. holding that full payment of the assessment is also required for tax refund suits brought in the united states court of federal claims B. recognizing federal constitutional claim against the united states C. holding that in statute authorizing suits against united states limits time period in which such suits may be brought united states retains its sovereign immunity as to any suits brought outside of that time period therefore court does not have subject matter jurisdiction over suit against united states that is barred by statute of limitations D. holding that sovereign immunity bars an attorneys lien against the united states E. holding that sovereign immunity does not bar extinguishment of united states junior lien in proceeding in which united states was not a party

assistant: The best answer is C. holding that in statute authorizing suits against united states limits time period in which such suits may be brought united states retains its sovereign immunity as to any suits brought outside of that time period therefore court does not have subject matter jurisdiction over suit against united states that is barred by statute of limitations
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 Board may amend, alter, suspend, discontinue, or terminate the Plan or any portion thereof at any time; provided that no such amendment, alteration, suspension, discontinuation or termination shall be made without stockholder approval if (i) such approval is necessary to comply with any regulatory requirement applicable to the Plan (including as necessary to comply with any rule or regulation of any securities exchange or inter-dealer quotation system on which the securities of the Company may be listed or quoted) or for any change in GAAP, (ii) it would increase the number of securities that may be issued under the Plan (except for increases pursuant to Section 5 or 12 of the Plan), or (iii) it would materially modify the requirements for participation in the Plan; provided , further , that any such amendment, alteration, suspension, discontinuance or termination that would materially and adversely affect the rights of any Participant or any holder or beneficiary of any Award theretofore granted shall not to that extent be effective without the consent of the affected Participant, holder or beneficiary. Notwithstanding the foregoing, no amendment shall be made to the last proviso of Section 13(b) of the Plan without stockholder approval.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each Assignee hereby makes represents and warrants to the Assignor that (a) such Assignee has full limited liability company power and authority to enter into this Agreement and to consummate the transaction contemplated hereby, and (b) this Agreement has been duly and validly executed and delivered by such Assignee and constitutes the legal, valid and binding obligation of such Assignee, enforceable in accordance with its terms, except as such enforceability may be limited by applicable bankruptcy, insolvency, moratorium, reorganization or similar laws from time to time in effect that affect creditors’ rights generally, and by legal and equitable limitations on the availability of specific remedies.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: should change its format from hip hop to country and western to bring a better crowd.” The comments made by Officer Morto and the unidentified police officers are offensive, but they are also stray and isolated. Random racial remarks by three officers do not signify that a force of approximately 75 to 78 officers is infected with racial animus. Cf. Harris v. Forklift Sys., Inc., 510 U.S. 17, 114 S.Ct. 367, 126 L.Ed.2d 295 (1993) (conduct merely offensive is not actionable under Title VII); Johnson v. Bunny Bread Co., 646 F.2d 1250, 1257 (8th Cir.1981) (no violation of Title VII from infrequent use of racial slurs). Furthermore, these remarks are utterly unconnected to any of the alleged incidents of harassment. Cf. Boyd v. State Farm Ins. Cos., 158 F.3d 326, 330 (5th Cir.1998) (<HOLDING>). Indeed, other than being quoted, neither Options: A. holding that without a link to the challenged decision stray remarks did not constitute indirect evidence of discrimination sufficient to satisfy the final prong of the mcdonnell douglas framework B. holding that repeated remarks about need to bring in new blood or young blood by one of the decisionmakers were not stray remarks and may permit inference of discrimination C. holding that absent a casual link between supervisors isolated racial remarks and employers decision to promote stray remarks cannot support a verdict for race discrimination D. holding that isolated remarks are insufficient to prove discriminatory intent E. holding causal link between alleged discriminatory remarks and adverse employment action insufficient

assistant: The best answer is C. holding that absent a casual link between supervisors isolated racial remarks and employers decision to promote stray remarks cannot support a verdict for race discrimination
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: At the time of the grant of a Restricted Stock Unit Award, the Board may impose such restrictions on or conditions to the vesting of the Restricted Stock Unit Award as it, in its sole discretion, deems appropriate .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall be subject to and governed by the laws of the State of Texas, excluding any conflicts-of-law rule or principle that might refer the construction or interpretation of this Agreement to the laws of another state. Each Party hereby submits to the jurisdiction of the state and federal courts in the State of Texas and to venue in San Antonio, Texas. EACH OF THE PARTIES IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY.

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: Upon (A) the date of the issuance or increase of a Letter of Credit, and (B) the date hereof as to the deemed issuance of the Existing Letters of Credit under Section 2.07(h), the applicable Issuing Lender shall be deemed to have sold to each other Lender having a Commitment and each other Lender having a Commitment shall have been deemed to have purchased from such Issuing Lender a participation in the related Letter of Credit Obligations equal to such Lender’s Pro Rata Share at such date and such sale and purchase shall otherwise be in accordance with the terms of this Agreement. The applicable Issuing Lender shall promptly notify each such participant Lender having a Commitment by telephone or telecopy of each Letter of Credit issued, increased, or extended or converted and the actual dollar amount of such Lender’s participation in such Letter of Credit.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: to the child is exacerbated by their cireulation"); United States v. Sherman, 268 F.3d 539, 545 (7th Cir.2001) (even a "passive consumer who merely receives or possesses the images directly contributes to this continuing victimization."). Moreover, "the recipient may be considered to be invading the privacy of the children depicted, directly victimizing these children." United States v. Norris, 159 F.3d at 930. Each time Brown viewed and/or disseminated an image of child pornography, he violated each child's "individual interest in avoiding the disclosure of personal matters." United States v. Sherman, 268 F.3d at 546. Finally, it seems clear that the child pornography industry would not exist but for patrons such as Brown. See United States v. Boos, 127 F.3d 1207, 1210 (9th Cir.1997) (<HOLDING>); United States v. Tillmon, 195 F.3d 640, 644 Options: A. holding that although the father did not have physical custody of his children at the time they were removed the children were nonetheless effectively removed from both their parents when they were removed from the physical custody of the mother and placed in another home pursuant to the dispositional decree B. holding that the transferee provided sufficient evidence that its transfer comported with industry standards the transferee proved that probably eight to ten percent of its accounts were on a similar pay schedule as the debtors and that working with delinquent customers as long as some type of payment was forthcoming was common industry practice C. holding that police lawfully entered defendants residence to assist children after defendant admitted that the children were not his and that he had been arrested for indecency with a child previously D. recognizing that children were injured both physically and psychologically as a result of the defendants patronage of the porn industry E. holding that the plaintiffs liability to the defendant was absolved as a result of the bankruptcy order and the defendants were barred from collecting debts from property of the plaintiffs

assistant: The best answer is D. recognizing that children were injured both physically and psychologically as a result of the defendants patronage of the porn industry
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 Amendment No. 5 sets forth the entire agreement between the parties with respect to the matters set forth herein. There have been no additional oral or written representations or agreements. Except as herein modified or amended, the provisions, conditions and terms of the Lease shall remain unchanged an in full force and effect. In the case of any inconsistency between the provisions of the Lease and this Amendment No.5, the provisions of this Amendment No.5 shall govern and control. Each signatory of this Amendment No.5 .represents hereby that he or she has the authority to execute and deliver the same on behalf of the party hereto for which such signatory is acting. This Amendment No. 5 may be executed in multiple counterparts each of which is deemed an original but together constitute one and the same instrument. This Amendment .No. 5 may be executed in so-called “PDF” format, and each party has the right to rely upon a PDF counterpart of this Amendment No. 5 signed by the other party to the same extent as if such party had received an original counterpart.

assistant: Miscellaneous
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: from the entity whose real interests are at stake in the proceedings, thereby giving rise to a possible conflict of interest. Id. A collection agency may file suit in its own name only when it has become the legal and equitable owner of the debt through an assignment that satisfies all of the requirements set forth in Ohio Revised Code § 1319.12. See Ohio Rev.Code § 1319.12(C). The collection agency need not adhere to the assignment requirements in § 1319.12(C) if it restricts its collections methods to exclude legal action. See Ohio Rev.Code § 1319.12(B). When a collection agency engages in the unauthorized practice of law, it constitutes an “action that cannot legally be taken” within the meaning of the FDCPA. See, e.g., Poirier v. Alco Collections, Inc., 107 F.3d 347 (5th Cir.1997)' (<HOLDING>); Marchant v. U.S. Collections West, Inc., 12 Options: A. holding that collections agency violated 1692e5 when it engaged in the unauthorized practice of law by instituting a lawsuit against a debtor since the debt had not been properly assigned B. holding that a lawsuit against a corporation that purchased assets from a bankrupt is not a claim against the debtor C. holding that debt collector violated fdcpa when it held debtor liable for court costs that had not yet been awarded D. holding that college violated stay by not delivering transcript to chapter 7 debtor when debt had not yet been determined dischargeable E. holding that an answer that asserts a counterclaim against a plaintiff who then becomes a bankruptcy debtor is an action or proceeding against the debtor within the meaning of 362a1 notwithstanding the fact that the debtor initiated the lawsuit

assistant: The best answer is A. holding that collections agency violated 1692e5 when it engaged in the unauthorized practice of law by instituting a lawsuit against a debtor since the debt had not been properly assigned
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: an agreement to arbitrate employment discrimination claims. Benefits Communication Corp. v. Klieforth, 642 A.2d 1299, 1304 (D.C.1994). The District of Columbia Court of Appeals has consistently said, however, that it would adopt in DCHRA cases federal civil rights precedents “when appropriate,” not indiscriminately. Wallace v. Skadden, Arps, Slate, Meagher & Flom, 715 A.2d 873, 889 n. 31 (D.C.1998) (quoting Klie-forth, 642 A.2d at 1301); see also Arthur Young & Co. v. Sutherland, 631 A.2d 354, 371-72 (D.C.1993) (permitting, given the text of the DCHRA and its legislative history, punitive damages awards despite their unavailability under Title VII, and noting that “Title VII is not the only source of the DCHRA”). And in Wallace, the court hel l, 355 F.Supp.2d 223, 227-228 (D.D.C.2005) (<HOLDING>). This result was unremarkable since the DCHRA, Options: A. holding that a supervisor was not similarly situated to another supervisor with the same title where the former could not perform the latters duties B. holding plaintiffs supervisor subject to suit C. holding individual defendants subject to suit D. holding that notice to supervisor is notice to city E. holding that the plaintiffs claims arose from a certain contract because the subject matter of the plaintiffs suit was intertwined with requirements referred to in the contract

assistant: The best answer is B. holding plaintiffs supervisor subject to suit
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: Grantee is responsible for the payment of any and all taxes that arise with respect to the Award. Grantee agrees to tender sufficient funds to satisfy any applicable taxes arising in connection with the vesting of the Restricted Stock Units under the Award.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: this website is offered to you conditioned upon your acceptance without modification of any/all the terms , conditions , and notices set forth below ( collectively , the `` agreement '' ) .

assistant: None
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Subsidiary Guaranty may be executed in any number of counterparts each of which when so executed and delivered shall be deemed an original, and it shall not be necessary in making proof of this Subsidiary Guaranty to produce or account for more than one such counterpart executed by the Guarantors against whom enforcement is sought. Without limiting the foregoing provisions of this Section 20 , the provisions of Section 10.10 of the Credit Agreement shall be applicable to this Subsidiary Guaranty.

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: THIS AGREEMENT SHALL BE GOVERNED BY, AND CONSTRUED AND ENFORCED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK APPLICABLE TO CONTRACTS EXECUTED, AND TO BE FULLY PERFORMED, IN SUCH STATE, AND WITHOUT REGARD TO CONFLICT OF LAWS PRINCIPLES.

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 case excerpt and choose the best holding from the options. Case excerpt: that failure to do so would result in revocation. In United States v. Salas-Camacho, 859 F.2d 788 (9th Cir.1988), this court held that a false statement remains material when a declarant recants it only after he is confronted with suspicion on the part of a government agent and is faced with an imminent inspection that would reveal the truth. Id. at 791-92. Bound by that precedent, we affirm Johnson’s conviction on Count Five. For similar reasons, we hold that the jury instructions regarding Count Five adequately reflected the law as set forth in Salas-Camacho and, therefore, were not erroneous. The prosecutor’s statements in closing argument regarding the officers’ lack of motivation to lie constituted improper vouching. See United States v. Combs, 379 F.3d 564, 574-76 (9th Cir.2004) (<HOLDING>). However, we conclude that in this case such Options: A. holding that the prosecutors question to the defendant about a prior unrelated offense was improper B. holding that while not reversible error a prosecutors vouching for a witness was improper and should be avoided on retrial C. holding that prosecutors remark vouching for credibility of government agent was certainly improper D. holding the prosecutors argument if it was there they can bring it to you was not an improper jury argument E. holding that a prosecutors argument about the special agents disincentive to lie was impermissible vouching

assistant: The best answer is E. holding that a prosecutors argument about the special agents disincentive to lie was impermissible vouching
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: S.Ct. 1355, 79 L.Ed.2d 604 (1984). Prior challenges to the creche have been unsuccessful. See Citizens Concerned for Separation of Church & State v. City & County of Denver, 508 F.Supp. 823 (D.Colo.1981) (rejecting challenge under the Establishment Clause of the U.S. Constitution), aff’d, No. 82-1022 (10th Cir. May 14, 1984) (unpublished order) (upholding district court’s decision on basis that challenged display was indistinguishable from display upheld in Lynch v. Donnelly, 465 U.S. 668, 104 S.Ct. 1355, 79 L.Ed.2d 604 (1984)); see also Conrad v. City & County of Denver, 724 P.2d 1309 (Colo. 1986) (rejecting challenge under the Preference Clause of the Colorado Constitution); Citizens Concerned for Separation of Church & State v. City & County of Denver, 628 F.2d 1289 (10th Cir.1980) (<HOLDING>). 4 . As shown in the Addendum, the text of the Options: A. holding that organizational plaintiff failed to establish standing to challenge creche B. holding summary judgment appropriate where plaintiff failed to establish product identification C. holding that the plaintiff failed the second and third prongs of standing D. holding that organizational standing is proper where the challenged conduct has directly harmed an organizations ability to provide services E. holding that the organizational plaintiff has representative standing to assert ada violations only in so far as the named member has standing

assistant: The best answer is A. holding that organizational plaintiff failed to establish standing to challenge creche
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 other (non-PSR) sealed documents in John Doe’s criminal case, particularly those that refer to Doe’s cooperation, should be enjoined.” Roe, 428 Fed.Appx. at 68-69. That procedure was ultimately modified when the Clerk’s Office in the Eastern District of New York inadvertently unsealed the docket sheet, revealing that Safer was “John Doe” and a cooperator. Judge Glasser then held a series of hearings, with only the Government and Sa-ter’s counsel present, and went through the entire docket to determine which documents should be unsealed. Thereafter, he issued two orders—one sealed, one unsealed—detailing which documents were to be kept sealed. Movants first object that they were not allowed to attend these proceedings, although they were parties to the case. See Aref, 533 F.3d at 81 (<HOLDING>). This argument fails. Judge Glasser’s sealed Options: A. holding that a motion to intervene to assert the publics first amendment right of access to criminal proceedings is proper B. holding that there is a qualified first amendment right of access to proceedings and documents relating to disqualification of a judge in a criminal case and to conflicts of interest between attorneys in a criminal case C. holding that the first amendment right of access applies to a summary judgment motion in a civil case D. recognizing a right of access to civil proceedings E. holding that the first amendment secures for the public and the press a right of access to civil proceedings

assistant: The best answer is A. holding that a motion to intervene to assert the publics first amendment right of access to criminal proceedings is proper
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: tying the defendants together in order to prove conspiracy.”). 11 . See Old Chief v. United States, 519 U.S. 172, 180, 117 S.Ct. 644, 136 L.Ed.2d 574 (1997) ("The term 'unfair prejudice' ... speaks to the capacity of some concededly relevant evidence to lure the factfinder into declaring guilt on a ground different from proof specific to the offense charged.”) (emphasis added). 12 .Rule 704(b) prohibits an expert witness from ‘'stat[ing] an opinion about whether the defendant did or did not have a mental state or condition that constitutes an element of the crime charged or of a defense.” 13 . E.g., United States v. Morin, 627 F.3d 985, 995 (5th Cir. 2010). 14 . Id. at 998 (quoting United States v. Gonzalez-Rodriguez, 621 F.3d 354, 367 (5th Cir. 2010)). 15 . See id. at 999-1000 (<HOLDING>); Gonzalez-Rodriguez, 621 F.3d at 367-68 Options: A. holding that defendants substantial rights were not affected by allegedly erroneous accomplice liability jury instruction because there was considerable evidence of the defendants intent that the victim be murdered B. holding that a substantial right is affected when the error had a substantial and injurious effect or influence in determining the jurys verdict C. holding that defendant waived argument as to evidence of his prior convictions for habitualoffender purposes by not objecting below despite defendants argument that his substantial rights had been affected D. holding that a defendant had not shown that drugcourierprofile evidence affected his substantial rights because the government produced a substantial volume of additional evidence demonstrating the defendants guilty knowledge E. holding that where the district courts sentencing decision was amply supported by the evidence and the defendant thus received a sentence merited by the evidence the defendant could not show the error affected his substantial rights

assistant: The best answer is D. holding that a defendant had not shown that drugcourierprofile evidence affected his substantial rights because the government produced a substantial volume of additional evidence demonstrating the defendants guilty knowledge
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: Your benefits, including Paid Time Off (“PTO”) and seniority date, will not change. You will be eligible for a tax and financial planning reimbursement of up to $15,000 per year, travel insurance, and LifeLock identity protection coverage paid for by Gannett, and you will continue to be eligible for a grant of up to $10,000 from the Gannett Foundation to donate to eligible organizations. Such executive benefits are subject to modification or termination by the Executive Compensation Committee at any time and for any reason.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: None of the officers or directors of the Company and, to the knowledge of the Company, none of the employees of the Company is presently a party to any transaction with the Company or its subsidiary (other than for services as employees, officers and directors), including any contract, agreement or other arrangement providing for the furnishing of services to or by, providing for rental of real or personal property to or from, providing for the borrowing of money from or lending of money to or otherwise requiring payments to or from any officer, director or such employee or, to the knowledge of the Company, any entity in which any officer, director, or any such employee has a substantial interest or is an officer, director, trustee or partner, in each case in excess of $500,000 other than for: (i) payment of salary or consulting fees for services rendered, (ii) reimbursement for expenses incurred on behalf of the Company and (iii) other employee benefits, including stock option, restricted stock or other compensation-related agreements under any equity plan of the Company.

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

user:  A "representative" is an employee, contractor, advisor or consultant of one of us or one of our respective affiliates.  Each of us may disclose the other's confidential information to our representatives (who may then disclose that confidential information to other of our representatives) only if those representatives have a need to know about it for purposes of our business relationship with each other.

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: did not see his mother after she came out of surgery ipso facto means that he could not have cared for her during this time. Nor did Fioto testify, for example, that he visited the hospital in order to discuss with doctors his mother’s course of treatment or recuperation. Fioto also failed to testify about prior hospital visits that he made in order to provide care for his mother such that the jury could have reasonably inferred that the visit at issue in this appeal was made with the aim of caring for his mother. In short, Fioto provided’ no facts from which the jury could have reasonably inferred that he intended to provide care for his mother at the hospital or actually gave her such support during his visit. Cf. Scamihorn v. Gen. Truck Drivers, 282 F.3d 1078, 1087-88 (9th Cir.2002) (<HOLDING>). At best, plaintiffs trial testimony only Options: A. holding that plaintiff had cared for his father who suffered severe depression after murder of his daughter within meaning of fmla interim regulation because inter alia he discussed with his father grief associated with murder and provided reassuring physical presence to his father B. holding that police chiefs son who alleged that he was denied an interview for a position because his father had criticized the local officials did not have standing to assert the first amendment rights of his father C. holding that plaintiff has satisfied the elements of standing because he alleges to have personally suffered emotionally as a result of defendants failure to vigorously investigate and prosecute several suspects for the murder of his father and his request for damages and an independent inquiry into defendants investigation will likely redress his suffering D. holding that the presumption of legitimacy shifts the burden of persuasion to the putative father to establish that he did not father the child E. holding that the natural father who was incarcerated failed without justifiable cause to communicate significantly with his daughter and noting that he called his daughter once and that he did not attempt mail communication with her despite his awareness that the adoptive parents were represented by counsel and therefore he could have initiated contact through their counsel or the court to communicate with her

assistant: The best answer is A. holding that plaintiff had cared for his father who suffered severe depression after murder of his daughter within meaning of fmla interim regulation because inter alia he discussed with his father grief associated with murder and provided reassuring physical presence to his father
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 the distinction between loss occurring from repairable vehicles and totally destroyed vehicles is based upon the realization “that the economic loss to the owner who is deprived of a vehicle because it has been totally demolished is the same as the loss to the owner who is deprived of a vehicle during the period required for repair.” Damages in Tort, supra § 37.54[1], at 169; see also New York Cent., 218 N.E.2d at 376 (“We fail to see any valid reason for the distinction between repairable and irreparable damage which would justify loss of use for the former and not the latter.... Have not both property owners lost the same thing, i.e., the use of such property?”); Remedies, supra §. 5.11, at 385. We agree with this reasoning and, therefore, adopt the ru 259 S.W. 711 (1924) (<HOLDING>); Menard v. Prejean, 374 So.2d 1275 Options: A. holding that plaintiffs who were in the car during car accident could recover for emotional damages because they were within zone of danger B. holding that a plaintiff who did not replace a destroyed tractortrailer due to lack of funds and failure to find a suitable replacement could recover for loss of use of the vehicle limited to a reasonable time C. holding plaintiff who did not purchase an available replacement because of financial inability could nonetheless recover for loss of use of a totally destroyed car D. holding that the driver of a car who had permission to use the car had standing to challenge its search E. holding that where the owner of a tractor knew immediately after the accident that the tractor was a total loss damages for loss of use were not recoverable beyond a reasonable time limited to 30 days notwithstanding the owners financial inability to replace the property for eight months

assistant: The best answer is C. holding plaintiff who did not purchase an available replacement because of financial inability could nonetheless recover for loss of use of a totally destroyed car
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 Participant acknowledges, subject to the last sentence of this Section 4.5, that (i) no later than the date on which any Restricted Stock shall have become vested, the Participant shall pay to the Company, or make arrangements satisfactory to the Company regarding payment of, any Federal, state or local taxes of any kind required by law to be withheld with respect to any Restricted Stock which shall have become so vested, including by electing to reduce the number of shares of Common Stock otherwise deliverable to the Participant or by delivering shares of Common Stock already owned; (ii) the Company shall, to the extent permitted by law, have the right to deduct from any payment of any kind otherwise due to the Participant any Federal, state or local taxes of any kind required by law to be withheld with respect to any Restricted Stock which shall have become so vested, including that the Company may, but shall not be required to, sell a number of shares of Common Stock sufficient to cover applicable withholding taxes; and (iii) in the event that the Participant does not satisfy (i) above on a timely basis, the Company may to the extent permitted by law, but shall not be required to, pay such required withholding and treat such amount as a demand loan to the Participant at the maximum rate permitted by law, with such loan, at the Company’s sole discretion and provided the Company so notifies the Participant within thirty (30) days of the making of the loan, secured by the Common Stock and any failure by the Participant to pay the loan upon demand shall entitle the Company to all of the rights at law of a creditor secured by the Common Stock. The Company may hold as security any certificates representing any Common Stock and, upon demand of the Company, the Participant shall deliver to the Company any certificates in his or her possession representing the Common Stock together with a stock power duly endorsed in blank. The Participant also acknowledges that it is his or her sole responsibility, and not the Company’s, to file timely and properly any election under Section 83(b) of the Code, and any corresponding provisions of state tax laws, if the Participant wishes to utilize such election.

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: feet leave the ground, drives extended distance (including 32 to 36 hours without an overnight stop from Houston, Texas to Monterrey, California), shops, works out in a gym (including riding a-stationary bicycle), lifts 70 pounds easily and can lift 90 pounds, can study and learn new skills, and regularly works 10 to 12 hours per day for his current employer. In light of case law from the United States Court of Appeals for the Fifth Circuit which establishes that even serious impairments do not necessarily rise to the level of a “disability,” Plaintiffs impairment does not, as a matter of law, rise to the level required to fall within the ADA’s definition of a substantial impairment of a major life activity. See, e.g., Talk v. Delta Airlines, Inc., 165 F.3d 1021, 1025 (5th Cir.1999) (<HOLDING>); Bridges v. City of Bossier, 92 F.3d 329, 334 Options: A. recognizing sleeping as major life activity B. holding that restrictions on bending stooping and squatting do not significantly restrict a major life activity C. holding that a leg deformity which caused moderate difficulty in walking and a limp resulting in walking at a significantly slower pace than the average person were not substantial limitations in the major life activity of walking D. holding that a plaintiffs ability to walk was not substantially limited simply because she walked with a limp moved slower than other people and was required to wear special orthopedic shoes E. holding that reproduction is not a major life activity

assistant: The best answer is C. holding that a leg deformity which caused moderate difficulty in walking and a limp resulting in walking at a significantly slower pace than the average person were not substantial limitations in the major life activity of walking
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 Amendment may be executed by each of the parties hereto on any number of separate counterparts (including by facsimile or .pdf), each of which shall be an original and all of which taken together shall constitute one and the same instrument.

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: Your annualized base salary will be $400,000, less applicable taxes, deductions and withholdings, paid semi-monthly in accordance with the regular payroll practices of the Company. Your base salary is intended to compensate you for all hours worked and is subject to annual review. The Company’s regularly scheduled pay days are currently on the 15 th and the last day of each month.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: any dispute or claim relating in any way to your use of any amazon service , or to any products or services sold or distributed by amazon or through amazon.com will be resolved by binding arbitration , rather than in court , except that you may assert claims in small claims court if your claims qualify .

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: we are also not responsible for any damage , loss or offense caused or alleged to be caused by , or in connection with , the use of or reliance on such websites or services .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Subject to earlier termination as provided below, this Agreement will be in effect from and after the Original Effective Date until September 30, 2021 (the “ Term ”). Thereafter, the Term may be renewed by mutual written agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: To receive the consideration described in Section 2(b) of this Agreement, the Executive must sign a Separation of Employment and General Release Agreement, substantially in the form attached hereto as Annex A (the " Release "), deliver the signed Release to CONSOL’s General Counsel and the General Partners’s General Counsel within thirty (30) days after the Termination Date (unless a longer period is required by law), and not revoke the Release within the seven-day revocation period provided for in the Release. In the event that CONSOL elects to reemploy the Executive as contemplated in Section 2(e), then the payment of compensation, incentive pay and benefits contemplated under Sections 2(b) and 2(e) shall be subject, at CONSOL's election, to the Executive's execution and non-revocation of a Release at the time the Reemployment Period commences and the Executive's renewal of such Release, and non-revocation of such renewal, at the time of any subsequent termination during the Reemployment Period.

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 legal provision and list the applicable contract clause categories. Provision: Employee understands that this Agreement shall be null and void if not executed by him within 21 days. Each Party has 7 days after that Party signs this Agreement to revoke it. This Agreement will become effective on the 8th day after Employee signed this Agreement so long as it has been signed by the Parties and has not been revoked by either Party before that date (the " Effective Date ").

assistant: Effective Dates