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: Mercer v. Dillon, 19 USCMA 264, 41 CMR 264. Since Schlomann’s convictions became final in 1967 this limited retroactivity does not benefit him. 4 . The opinion of the Court of Military Appeals, United States v. Schlomann, supra, and that of the Board of Review do not discuss these issues. The record and information before us do not otherwise show whether these issues were raised prior to these habeas proceedings at a state cannot deny a jury trial in serious criminal cases announced in Duncan v. Louisiana, 391 U.S. 194, 88 S.Ct. 1444, 20 L.Ed.2d 491 and the rule that there is a right to a jury trial for serious contempts announced in Bloom v. Illinois, 391 U.S. 194, 88 S.Ct. 1477, 20 L.Ed.2d 522, not to be retroactive) ; Stovall v. Denno, 388 U.S. 293, 89 S.Ct. 1967, 18 L.Ed.2d 1199 (<HOLDING>) ; Johnson v. New Jersey, supra (holding the Options: A. holding the right to assistance of counsel as announced in gideon v wainwright 372 us 335 83 sct 792 9 led2d 799 to be retroactive B. holding that although walker v birmingham 388 us 307 87 sct 1824 18 led2d 1210 1967 upheld a rule that barred collateral challenges of contempt citations appellant nevertheless could challenge his contempt citation on habeas because california elected not to adopt a collateral bar rule C. holding the rule that an accused has a right to counsel at any critical confrontation announced in united states v wade 388 us 218 87 sct 1926 18 led2d 1149 and gilbert v california 388 us 263 87 sct 1951 18 led2d 1178 not to be retroactive D. holding that the supreme courts interpretation of 18 usc 924c1 in bailey v united states 516 us 137 116 sct 501 133 led2d 472 1995 has retroactive application to cases on collateral review E. holding that counsel must be appointed to indigents for purposes of appeal as announced in douglas v california 372 us 353 83 sct 814 9 led2d 811 to be retroactive

assistant: The best answer is C. holding the rule that an accused has a right to counsel at any critical confrontation announced in united states v wade 388 us 218 87 sct 1926 18 led2d 1149 and gilbert v california 388 us 263 87 sct 1951 18 led2d 1178 not to be retroactive
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 witness’ subjective motivations. Without an opportunity to observe the witness’ demeanor, we are ill-suited to determine deliberate deception in the first instance. See id. (explaining how the reasonably made findings of the trial court as to the witness’ veracity for truth must be permitted to stand). That is why, for example, our settled practice in attorney discipline cases is to use an attorney’s deliberate deception as an aggravating factor only when the PCC has already determined the lawyer lied. See, e.g., Cohen’s Case, 143 N.H. 169, 171-72 (1998) (disbarring attorney based upon referee’s finding that the attorney had repeatedly engaged in dishonest conduct, including, among other things, falsely answering bar counsel’s interrogatory); Astles’ Case, 134 N.H. 602, 605 (1991) (<HOLDING>). In none of our cases have we, in the first Options: A. holding that the district court lacks personal jurisdiction over a habeas petition when the state official having custody is not named as respondent B. holding that an immigration judges failure to advise the respondent of the availability of free legal services and to ascertain that the respondent has received a list of such programs invalidates a subsequently entered removal order C. holding that the trial court erred in unilaterally modifying pastdue and future childsupport payments where the only petition before the court was a petition for citation alleging that the respondent was in arrears in his child support D. holding that aggravation was warranted where respondent admitted and the referee found that the respondent had lied in correspondence to the pcc E. holding that since the basis for the respondents order of removal and the denial of relief no longer exists the respondent has presented exceptional circumstances justifying reopening

assistant: The best answer is D. holding that aggravation was warranted where respondent admitted and the referee found that the respondent had lied in correspondence to the pcc
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 defendant must prove that (1) the state failed to preserve material and reasonably accessible evidence that could have had a tendency to exonerate the accused, and (2) there was resulting prejudice.” State v. Smith, 158 Ariz. 222, 227, 762 P.2d 509, 514 (1988) (citing State v. Perez, 141 Ariz. 459, 464, 687 P.2d 1214, 1219 (1984)); see also State v. Speer, 221 Ariz. 449, 457 ¶ 40, 212 P.3d 787, 795 (2009). ¶ 9 To show that evidence had a “tendency to exonerate,” the defendant must do more than simply speculate about how the evidence might have been helpful. See, e.g., Speer, 221 Ariz. at 457 ¶ 41, 212 P.3d at 795 (observing that defendant did not show how the evidence would have exonerated him or even mitigated his participation in the crime); Smith, 158 Ariz. at 227, 762 P.2d at 514 (<HOLDING>); Perez, 141 Ariz. at 464, 687 P.2d at 1219 Options: A. holding that speculation as to how the evidence might have been beneficial was not enough B. holding that it was pure speculation that if the preference payment had not been made the vendor would have been included as a critical vendor and the court would have approved it C. holding that speculation that production of requested documents might reveal exculpatory evidence is insufficient to establish good cause for discovery D. holding claim requires showing that additional evidence would have been produced that might have led to a different decision E. holding evidence must rise above mere speculation

assistant: The best answer is A. holding that speculation as to how the evidence might have been beneficial was not enough
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 sets forth the entire understanding between the parties with respect to the terms of Employee's employment. Notwithstanding the forgoing, the terms of the EverBank Profit Sharing and Savings Plan (or any successor plan or plans) and any Option or Restricted Unit Agreements relating thereto to which Employee is a party, and any other benefit plans shall govern the subject matters thereof to the extent not specifically provided otherwise herein. In the event of any inconsistency between any such other agreement and this Agreement, the provisions of this Agreement shall control. This Agreement cannot be amended except by a writing signed by both parties.

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: As of the Effective Date, the Borrower has no Subsidiaries other than those listed on Schedule 4.11. Each Subsidiary of the Borrower (including any such Subsidiary formed or acquired subsequent to the Effective Date) has complied with the requirements of Section 5.6 .

assistant: Subsidiaries
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, all of which will be considered one and the same agreement and will become effective when counterparts have been signed by each of the parties hereto and delivered to each other party hereto (including via facsimile or other electronic transmission), it being understood that each party hereto need not sign the same counterpart.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: In that case, the Eighth Circuit Court of Appeals considered whether an independent expenditure trigger violated the First Amendment. The Day Court held that “[t]he knowledge that a candidate who one does not want to be elected will have her spending limits increased and will receive a public subsidy equal to half the amount of the independent expenditure, as a direct result of that independent expenditure, chills the free exercise of that protected speech.” Id. at 1360. In short, the Eighth Circuit equated responsive speech with an impairment to the initial speaker. All other courts to consider the issue have either questioned Day’s logic outright, or have distinguished Day on its facts. See Daggett v. Commission on Governmental Ethics & Election Practices, 205 F.3d at 465, 465 n. 25 (<HOLDING>); Jackson v. Leake, 476 F.Supp.2d at 529 Options: A. holding that it could not adopt the logic of day which equates responsive speech with an impairment to the initial speaker the continuing vitality of day is open to question B. holding that in computing time to determine whether an act was performed within a specified period of time under the statute of limitations the first day is excluded and the last day of the period is included C. recognizing the open question D. holding that there was no coercion by the trial court where the jury deliberated all day friday and all day saturday E. holding that trial court may modify sentence on the same day as the assessment of the initial sentence and before the court adjourns for the day

assistant: The best answer is A. holding that it could not adopt the logic of day which equates responsive speech with an impairment to the initial speaker the continuing vitality of day is open to question
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: has a question of law or fact in common with the main action. Fed.R.Civ.P. 24(b). In considering a motion for permissive intervention, a court must determine whether the proposed intervention “will unduly delay or prejudice the adjudication of the rights of the original parties.” Id. Timeliness is a threshold question for both permissive intervention and intervention as of right. NAACP v. New York, 413 U.S. 345, 365, 93 S.Ct. 2591, 37 L.Ed.2d 648 (1973). “Whether intervention be claimed of right or as permissive, it is at once apparent, from the initial words of both Rule 24(a) and Rule 24(b), that the application must be ‘timely.’ If it is untimely, intervention must be denied.” Id.; see also United States v. British Am. Tobacco Austl. Servs., Ltd., 437 F.3d 1235, 1238 (D.C.Cir.2006) (<HOLDING>); Acree v. Republic of Iraq, 370 F.3d 41, 49 Options: A. holding that postjudgment application for intervention was timely B. holding that attorneys failure to timely file application for suspension of deportation despite contrary representations to client constituted ineffective assistance C. holding that reasonable reliance upon the old rule is an important factor supporting prospective application of the new rule D. holding that extraordinary circumstances did not include the mere neglect of the professional who was in a position to file a timely application E. holding that as a threshold matter rule 24 requires prospective intervenors to file a timely application

assistant: The best answer is E. holding that as a threshold matter rule 24 requires prospective intervenors to file a timely application
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 we discontinue services in this way before the end of any fixed or minimum term you have paid us for , we 'll refund the portion of the fees you have pre-paid but have n't received services for .

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: You will not use any of the Evaluation Materials for any purpose other than the exclusive purpose of evaluating a Possible Transaction. Without limiting the generality of the foregoing, in the event that a Possible Transaction is not consummated, neither you nor your representatives shall use any of the Evaluation Materials for any purpose. Accordingly, unless required by applicable law or regulatory authority, you agree that prior to the closing of a Possible Transaction, without the prior written consent of the Company, you will not, and you will direct your representatives not to, disclose to any person (including, but not limited to, any customer, employee, supplier, creditor or competitor of the Company) the fact that discussions or negotiations are taking place concerning a possible transaction between you and the Company or any of the terms, conditions or other facts with respect to any such Possible Transaction, including the status thereof, nor will you or any of your representatives make inquiry about the Company’s business to any customer, employee, supplier, creditor or competitor of the Company. You also agree not to discuss with or offer to any third party an equity participation in a Possible Transaction or any other form of joint acquisition by you and such third parry without the prior written consent of the Company.

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: reason to hold the ninety day period in the Massachusetts tolling amendment unreasonable in this federal civil rights action. The Supreme Court has observed that, “... many prisoners are willing and able to file § 1983 suits while in custody thus, a State reasonably could decide that there is no need to enact a tolling statute applicable to such suits.” Hardin v. Straub, 490 U.S. at 544, 109 S.Ct. at 2003. The Massachusetts legislature determined that imprisonment should no longer toll the statute of limitations when it enacted St.1987, c. 198. Its judgment was not inconsistent with federal policy, as expounded by the Supreme Court. Thus, we are bound to apply the present tolling provision. Judgment affirmed. 1 . But see Prather v. Norman, 901 F.2d 915, 919-920 and n. 8 (11th Cir.1990) (<HOLDING>). 2 . This court has borrowed this statute Options: A. holding that where plaintiff sought relief from custody his complaint sounded in habeas corpus not civil rights B. holding the plaintiffs allegation that correction officers either prevented or discouraged him from filing his complaint on the same day the event occurred raises estoppel as a second potential excuse for nonexhaustion C. holding that district court improperly dismissed pro se prisoners civil rights complaint by sua sponte raising statute of limitations defense that was neither patently clear from the face of the complaint nor rooted in adequately developed facts D. recognizing that a district court may sua sponte dismiss a complaint for failure to serve after notice to the plaintiff E. holding sua sponte dismissal of civil rights complaint was error where complaint was treated as habeas corpus petition and dismissed on nonexhaustion grounds although nonexhaustion was waivable defense and not jurisdictional

assistant: The best answer is E. holding sua sponte dismissal of civil rights complaint was error where complaint was treated as habeas corpus petition and dismissed on nonexhaustion grounds although nonexhaustion was waivable defense and not jurisdictional
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: Section 3.15 of the Disclosure Schedules sets forth a true and complete list of all current policies or binders of fire, liability, product liability, umbrella liability, real and personal property, workers’ compensation, vehicular, directors’ and officers’ liability, fiduciary liability, data privacy and cybersecurity, and other casualty and property insurance maintained by Company and relating to the Business (including without limitation as they relate to its employees, officers, managers and directors of the Company), the Purchased Assets and the Assumed Liabilities (collectively, the “ Insurance Policies ”) and true and complete copies of such Insurance Policies have been made available to Newco. Such Insurance Policies are in full force and effect and shall be maintained in full force and effect by the Company through the Closing Date. The Company has not received any written notice of cancellation of, premium increase with respect to, or alteration of coverage under, any of such Insurance Policies. All premiums due on such Insurance Policies have either been paid or, if due and payable prior to Closing, will be paid prior to Closing in accordance with the payment terms of each Insurance Policy. The Insurance Policies do not provide for any retrospective premium adjustment or other experience-based liability on the part of the Company. All such Insurance Policies (a) are valid and binding in accordance with their terms; (b) are provided by carriers who are financially solvent; and (c) have not been subject to any lapse in coverage. Except as set forth in Section 3.15 of the Disclosure Schedules , there are no claims related to the Business, Purchased Assets or Assumed Liabilities pending under any such Insurance Policies as to which coverage has been questioned, denied or disputed or in respect of which there is an outstanding reservation of rights. The Company is not in default under, and has not otherwise failed to comply with, in any material respect, any provision contained in any such Insurance Policy. The Insurance Policies are of the type and in the amounts customarily carried by Persons conducting a business similar to the Business and are sufficient for compliance with all applicable Laws and Contracts to which the Company is a party or by which it is bound.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: CURIAM: Jimmy Nation appeals the district court’s order affirming the Commissioner’s denial of his application for supplemental security income. Nation asserts (1) the administrative law judge (ALJ) failed to fully and fairly develop the record, and (2) the ALJ’s hypothetical was defective because it failed to include all of his severe impairments. We affirm the Commissioner’s Cir. 1988) (<HOLDING>). The Work-Related Form completed by Dr. Legum Options: A. holding the alj must order a consultative exam when it is necessary for an informed decision B. holding that a reviewable final order is necessary for subjectmatter jurisdiction C. holding that an order is not a final appealable order when it does not dispose of the complaints against all of the defendants D. holding that the voluntary entry of an informed and counseled guilty plea constitutes an admission of all facts necessary to convict E. holding that a defendants waiver of the right to testify must be knowing informed and intelligent

assistant: The best answer is A. holding the alj must order a consultative exam when it is necessary for an informed decision
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 Investor has the requisite legal capacity, power and authority to enter into, and perform under, this Agreement. This Agreement has been duly executed and delivered by the Investor, and constitute the legal, valid and binding obligations of the Investor, enforceable against the Investor in accordance with their respective terms, except as such enforceability may be limited by general principles of equity or applicable bankruptcy, insolvency, reorganization, moratorium, liquidation or similar laws relating to, or affecting generally, the enforcement of applicable creditors' rights and remedies and except as rights to indemnification and to contribution may be limited by federal or state securities laws.

assistant: Authorizations
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: 1. The majority’s proposition that the Commission does not exercise a function that “appertains to” the judicial branch is simply wrong. As this Court stated in Young: The Judicial Conduct Commission plays a highly important, albeit not a determinative, role in the administration of judicial discipline by investigating and conducting confidential hearings regarding complaints against justices and judges. Consequently, the Commission exercises a type of judicial authority and operates within the judicial branch. Original op. ¶ 84. We also pointed out in Young that other jurisdictions “have also held judicial conduct commissions with similar authority to be within the judicial branch.” Id. ¶ 85 (citing Whitehead v. Nevada Comm’n on Judicial Discipline, 110 Nev. 874, 878 P.2d 913 (1994) (<HOLDING>)). ¶47 The majority denigrates the important Options: A. holding executive branch prosecution of disciplinary charges against judge before commission violated separation of powers clause in nevada constitution B. holding that lack of notice of charges in disciplinary proceedings violates the due process clause C. recognizing separation of powers doctrine D. holding that where the conviction was final the disciplinary commission was not authorized to assume the roles of both an accusatory tribunal and the ultimate determiner of guilt and that the separation of responsibility between the disciplinary board and the disciplinary commission provides constitutional due process E. holding that the presidential privilege is inextricably rooted in the separation of powers under the constitution

assistant: The best answer is A. holding executive branch prosecution of disciplinary charges against judge before commission violated separation of powers clause in nevada constitution
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: No failure or delay on the part of the Purchaser, the Servicer, VCI, the Issuer or the Indenture Trustee in exercising any power or right hereunder (to the extent such Person has any power or right hereunder) shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on the Purchaser or VCI in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by either party under this Agreement shall, except as may otherwise be stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval under this Agreement shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: utility shall establish and maintain any unreasonable differences as to rates of service either as between localities or as between classes of service. “[This] section does not prohibit variations in rates, nor does it require ‘equal service.’ Rather, it prohibits ‘unreasonable differences’ in rates of service between localities. Section 62-8-6 thus forbids arbitrary variations in rates, while permitting variations due to differing costs of service to different areas.” Albuquerque v. N.M. Pub. Serv. Comm’n, 115 N.M. 521, 531, 854 P.2d 348, 358 (1993) (“Allowing municipalities to contract with utilities for service rates to their inhabitants does not, ipso facto, violate Section 62-8-6.”); see also Albuquerque v. N.M. Pub. Serv. Comm’n, 2003-NMSC-028, ¶ 25, 134 N.M. 472, 79 P.3d 297 (<HOLDING>). {62} John D. Olmstead, Rates Manager for PNM, Options: A. holding in relevant part that a utility properly may apportion undergrounding costs to those customers located within the jurisdiction requiring the undergrounding B. holding that since property is located in foreign jurisdiction it is for that court to decide its fate C. recognizing that detariffmg would result in some increased administrative costs but anticipating those costs to be initial and fixed costs only resulting from the shift to a detariffed environment such as the cost of developing short standard contracts D. recognizing that missing data were located in a laboratory within the constructive control of the state E. holding that state court could regulate the practice of law in federal courts located in the state

assistant: The best answer is A. holding in relevant part that a utility properly may apportion undergrounding costs to those customers located within the jurisdiction requiring the undergrounding
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: All fees and expenses incurred by Manager and its affiliates in respect of the Company, its affiliates and its subsidiaries, in connection with this Agreement and all operations hereunder, including but not limited to any out of pocket expenses incurred by Manager or its legal counsel, accountants and other consultants and advisors in connection with the provision of services hereunder, or the attendance at any meeting of the Company or equivalent governing body of any of its subsidiaries or affiliates or otherwise, shall be borne by Manager, are already reimbursed through the Management Fee, and shall not be an additional charge to or obligation of the Company. The prior sentence shall not apply to reasonable expenses incurred by Manager and its affiliates in connection with a Company Event of Default. Also included in the Management Fees, Manager shall pay Company filing fees, registered agent fees and comparable fees and taxes assessed against the Company.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as otherwise provided in this Agreement with respect to Selling Expenses and Transfer Taxes, each of the Parties shall bear its respective expenses incurred or to be incurred in connection with the execution and delivery of this Agreement and the Ancillary Agreements and the consummation of the transactions contemplated hereby and thereby.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All notices and other communications pertaining to this Agreement shall be in writing and shall be deemed duly to have been given if personally delivered to the other Party or if sent by certified mail, return receipt requested, postage prepaid or by Federal Express, United Parcel or other nationally recognized overnight carrier. All notices or communications between Purchaser and Vendor pertaining to this Agreement shall be addressed to the Vendor at: joekalfa@gmail.com and to the Purchaser at john@riotblockchain.com and to the Escrow Agent at shira@rktaxlaw.com. Either Party may change its notification address by giving written notice to that effect to the other Party in the manner provided herein.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Executive agrees to make herself available to the Company and its officers, if necessary, for consultation on a reasonable basis from time to time as to any matters on which she worked while an employee of the Company. The Company acknowledges that Executive may have other full-time employment and the Company agrees that it will use its reasonable efforts to minimize the amount of time that any such consultation shall require of her. Executive further agrees not to testify for, appear on behalf of, or otherwise assist in any way any individual, company, or agency in any claim against the Company, unless and only pursuant to a lawful subpoena issued to Executive. Executive also agrees to promptly notify the Company upon receipt of any notice or contact (including whether written or oral, and including any subpoena or deposition notice) requesting or compelling information or her testimony or requesting documents related to matters which she worked on while an employee of the Company, and Executive agrees to coordinate with the Company in any response thereto.

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 legal provision and list the applicable contract clause categories. Provision: Neither the business nor any of the activities of any Borrower as presently conducted violates any applicable Law, the result of which violation could have a Material Adverse Effect. The Borrowers possess all licenses, approvals, registrations, permits and other authorizations necessary to enable them to carry on their respective businesses in all material respects as now conducted.

assistant: Compliance With 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: between the United States, Canada and Russia. The EA recognizes that an accident involving the American shipment of MOX might have “transboun-dary effects on Canadian populations,” raising the logical possibility that an accident involving the Russian MOX shipment might also have transboundary effects on American populations. Finally, the Russian shipment is logically and factually connected with the United States’ shipment because only together do they provide the MOX necessary for the Parallex Project. With these rather unique facts, the Court notes that this case deftly evades legal precedent. NEPA case law provides no easy answer to the question of if, and when, NEPA should be applied extraterri-torially. See Environmental Defense Fund Inc. v. Massey, 986 F.2d 528 (D.C.Cir.1993) (<HOLDING>); Natural Resources Defense Council v. NRC, 647 Options: A. holding that nsf must comply with procedural requirements of nepa when considering incineration of food waste in antarctica because 1 the presumption against extraterritoriality does not apply because nepa is designed to regulate conduct occurring within the territory of the united states 2 the united states exercises legislative control over antarctica 3 any concerns about nepa interference with foreign policy were overstated because when foreign policy interests outweighed benefits of nepa compliance nepas requirements must yield and 4 broad language of the statute supports broad application of nepa requirements B. holding that plaintiffs bear the burden of showing by a preponderance of the evidence that defendants have failed to adhere to the requirements of nepa C. holding that the detail that nepa requires in an eis depends upon the nature and scope of the proposed action D. holding that an agency may only tier to documents subject to nepa review and citing cases E. holding that birdwatchers interest in preventing adverse environmental effects from agency action fell squarely within the zone of interests of nepa

assistant: The best answer is A. holding that nsf must comply with procedural requirements of nepa when considering incineration of food waste in antarctica because 1 the presumption against extraterritoriality does not apply because nepa is designed to regulate conduct occurring within the territory of the united states 2 the united states exercises legislative control over antarctica 3 any concerns about nepa interference with foreign policy were overstated because when foreign policy interests outweighed benefits of nepa compliance nepas requirements must yield and 4 broad language of the statute supports broad application of nepa requirements
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 Executive’s initial annual base salary shall be $353,500. The Executive’s base salary shall be reviewed annually by the Board or the Compensation Committee of the Board (the “Compensation Committee”). The base salary in effect at any given time is referred to herein as “Base Salary.” The Base Salary shall be payable in a manner that is consistent with the Company’s usual payroll practices for executive officers, but no less frequently than semi-monthly. The Executive shall not be required to defer any portion of Base Salary.

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 case excerpt and choose the best holding from the options. Case excerpt: a reasonable person would believe that he was not free to leave.” A statement by a law enforcement official that a person is suspected of illegal activity is persuasive evidence that the Fourth Amendment and Article I, Section 8 of the Pennsylvania Constitution have been implicated. Florida v. Royer, 460 U.S. 491, 103 S.Ct. 1319, 75 L.Ed.2d 229 (1983) (White, J., plurality); Wright, supra. We believe that appellant could conclude reasonably that the police suspected him of selling illegal narcotics based on the detective’s recitation of the anonymous tip and that he could conclude reasonably that he was not free to leave. Accordingly, we find that appellant was seized by the police when he was questioned in the parking lot. See Commonwealth v. Lewis, 535 Pa. 501, 636 A.2d 619 (1994) (<HOLDING>); Jermaine, supra (indicating that the Options: A. holding that officers were entitled to qualified immunity where defendant officers could have reasonably believed that they were given sufficient third party consent to search B. holding that when the district court imposed drug testing in connection with a special condition of substance abuse program participation it was not required to specify the number of drug tests a defendant must undergo as a part of the treatment program C. holding that there was no basis for a reasonable inference that the defendants were cut in on the drug deal when the record indicated that they were willing to perform the required crewmember services with no special inducement D. holding that appellant was seized where he was confronted by four officers who indicated that they were working narcotics and were part of a drug interdiction program E. holding that prior drug convictions that were four ten and eleven years old were not so remote from the charged drug offenses as to render them inadmissible

assistant: The best answer is D. holding that appellant was seized where he was confronted by four officers who indicated that they were working narcotics and were part of a drug interdiction program
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: If a statement does not contain any expressly exculpatory material, the Government need not produce that statement to the defense. To hold otherwise would impose an insuperable burden on the Government to determine what facially non-exculpatory evidence might possibly be favorable to the accused by inferential reasoning. We are confident that the Supreme Court did not intend the Brady holding to sweep so broadly. United States v. Comosona, 848 F.2d 1110, 1115 (10th Cir.1988); see also Harris v. Kuba, 486 F.3d 1010, 1016 (7th Cir.2007) {“Brady does not require that police officers or prosecutors explore multiple potential inferences to discern whether evidence that is not favorable to a defendant could become favorable.”); United States v. Marrero, 904 F.2d 251, 261 (5th Cir.1990) (<HOLDING>). The Court finds that just such inferential Options: A. holding that the presentation of a new theory does not constitute the presentation of a new issue on which a jury trial should be granted as of right under rule 38b B. holding that there is no constitutional duty to do a better investigation and that a decision not to conduct a more thorough investigation does not invade an accuseds rights C. holding that the burden is on the plaintiff D. holding that the burden is upon the state under the applicable federal rules of evidence E. holding that brady does not place any burden upon the government to conduct a defendants investigation or assist in the presentation of the defenses case

assistant: The best answer is E. holding that brady does not place any burden upon the government to conduct a defendants investigation or assist in the presentation of the defenses 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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: you also hereby grant each user of the skype website and/or skype 's software or products a non-exclusive license to access your user submission through the skype website and/or software or products and to use , copy , distribute , prepare derivative works of , display , perform and transmit such user submissions solely as permitted through the functionality of the skype websites and/or software or products and pursuant to these terms of use .

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: Any renewal, extension, increase, modification, alteration or rearrangement of all or any part of the Guaranteed Obligations, the Note, the Mortgage, the Loan Agreement, the other Loan Documents or any other document, instrument, contract or understanding between Borrower and Lender or any other parties pertaining to the Guaranteed Obligations or any failure of Lender to notify Guarantor of any such action.

assistant: Modifications
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: the apps are provided `` as is '' without warranties of any kind and the company 's liability to you is limited by the terms herein , the privacy policy and the gift points policy ; .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The parties recognize that irreparable injury will result from a breach of any provision of this Agreement and that money damages will be inadequate to fully remedy the injury. Accordingly, in the event of a breach or threatened breach of one or more of the provisions of this Agreement, any party who may be injured (in addition to any other remedies which may be available to that party) shall be entitled to one or more preliminary or permanent orders without any requirement for a bond or other security (a) restraining and enjoining any act which would constitute a breach, or (b) compelling the performance of any obligation which, if not performed, would constitute a breach.

assistant: Specific Performance
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 closing of this Agreement (the “Closing”) shall be on May, 6, 2016, subject to acceleration or postponement from time to time as the parties hereto may mutually agree. The Closing shall be at time and place selected by the parties. At the time set for closing the seller shall provide the serial numbers for the batch of gaming equipment being purchased and the purchaser shall provide a copy of the share issuance resolution which has been provided to its transfer agent along with irrevocable direction giving the transfer agent instructions to issue the shares as instructed in the issuance resolution.

assistant: Closings
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 your claim does not exceed $ 10,000 , then the arbitration will be conducted solely on the basis of the documents that you and academia.edu submit to the arbitrator , unless you request a hearing or the arbitrator determines that a hearing is necessary .

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: is “an action not founded upon a tort” for purposes of determining the applicable statute of limitations under 28 U.S.C. § 2415. United States. v. Neidorf, 522 F.2d 916, 917-18 (9th Cir.1975) (emphasis added), cert. denied, 423 U.S. 1087, 96 S.Ct. 878, 47 L.Ed.2d 97 (1976). Courts in other districts have held similarly. See, e.g., Desmond v. Moffie, 375 F.2d 742, 743 (1st Cir.1967) (finding a fraudulent conveyance claim under Massachusetts Uniform Fraudulent Conveyance Law not to be a tort for purposes of choosing appropriate statute of limitations); Branch v. F.D.I.C., 825 F.Supp.384, 419-20 (D.Mass.1993) (finding a fraudulent conveyance claim not to be a tort claim for purposes of the Federal Tort Claims Act); F.D.I.C. v. Martinez Almodovar, 671 F.Supp. 851, 871 (D.P.R.1987) (<HOLDING>). Because a fraudulent transfer claim in Options: A. holding that the sixyear statute of limitations on a written contract is applicable to a cause of action based on a um policy B. holding that the applicable statute of limitations in fraudulent conveyance action brought by fdic was a sixyear term for contract actions rather than a threeyear term applicable to actions for money damages founded upon a tort C. holding that an action for consequential damages to property whether the action is brought in contract or in tort is an action for injury to property within the threeyear statute of limitations D. holding the twoyear period for filing a particular tort action such as assault and battery controls over the more general threeyear statute of limitations for tort actions E. holding that the threeyear statute of limitations applicable to 1983 actions in arkansas governed idea claims

assistant: The best answer is B. holding that the applicable statute of limitations in fraudulent conveyance action brought by fdic was a sixyear term for contract actions rather than a threeyear term applicable to actions for money damages founded upon a tort
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 shall (i) perform each of its obligations under this Agreement and the other Related Documents and (ii) comply with all federal, state and local laws and regulations applicable to it and the Transferred Receivables, except, solely with respect to this clause (ii) , where the failure to so comply could not reasonably be expected to have a Material Adverse Effect. The Borrower will maintain in effect and enforce policies and procedures designed to ensure compliance by the Borrower, its Subsidiaries and their respective directors, officers, employees and agents with Anti-Corruption Laws, Anti-Money Laundering Laws and applicable Sanctions.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Executive and the Company acknowledge that the covenants contained in Sections 8, 9 and 10 are reasonable under the circumstances. Accordingly, if, in the opinion of any court of competent jurisdiction, any such covenant is not reasonable in any respect, such court will have the right, power and authority to sever or modify any provision or provisions of such covenants as to the court will appear not reasonable and to enforce the remainder of the covenants as so amended. The Executive further acknowledges that the remedy at law available to the Company Group for breach of any of the Executive’s obligations under Sections 8, 9 and 10 would be inadequate and that damages flowing from such a breach may not readily be susceptible to being measured in monetary terms. Accordingly, in addition to any other rights or remedies that the Company Group may have at law, in equity or under this Agreement, upon proof of the Executive’s violation of any such provision of this Agreement, the Company Group will be entitled to immediate injunctive relief and may obtain a temporary order restraining any threatened or further breach, without the necessity of proof of actual damage or the posting of any bond.

assistant: Remedies