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: in the United States.” 8 U.S.C. § 1158(a)(2)(B). An untimely application may be considered “if the alien demon-strafes ... either the existence of changed circumstances which materially affect the applicant’s eligibility for asylum or extraordinary circumstances relating to the delay in filing an application within the period specified in subparagraph (B).” Id. at § 1158(a)(2)(D). The IJ and BIA found that Kemur filed his application after the one-year period had lapsed and that there was nothing to excuse the late filing. Thus, this Court lacks jurisdiction to review these findings. 8 U.S.C. § 1158(a)(3) (“No court shall have jurisdiction to review any determination of the Attorney General under paragraph (2).”); see Mendoza v. U.S. Att’y Gen., 327 F.3d 1283, 1287 (11th Cir.2003) (<HOLDING>) (citation omitted). We must also affirm the Options: A. holding that federal courts lack jurisdiction to review the attorney generals decision as to timeliness of an asylum request pursuant to 8 usc 1158a3 the attorney generals decision regarding whether an alien complied with the oneyear time limit or established extraordinary circumstances such that the time limit should be waived is not reviewable by any court B. holding that 1158a3 divests the court of jurisdiction to review decisions of whether an alien complied with the oneyear time limit or whether extraordinary circumstances were present to justify untimely filing of the asylum application citing mendoza v us atty gen 327 f3d 1283 1287 11th cir2003 C. holding that the alien in that case had not established such circumstances D. holding that section 1158a3 divests our court of jurisdiction to review a decision regarding whether an alien complied with the oneyear time limit or established extraordinary circumstances that would excuse his untimely filing E. holding that certification of a remand order divests federal court jurisdiction

assistant: The best answer is D. holding that section 1158a3 divests our court of jurisdiction to review a decision regarding whether an alien complied with the oneyear time limit or established extraordinary circumstances that would excuse his untimely filing
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: must have an ownership right in the property sought and must come into the transaction with “clean hands.” Howell, 425 F.3d at 973-75. “The court must receive evidence on any factual issue necessary to decide the motion.” • Fed. R.Crim.P. 41(g); see also United States v. Potes Ramirez, 260 F.3d 1310, 1314 (11th Cir.2001) (concluding the district judge incorrectly denied a criminal defendant’s Rule 41(e) motion based on the government’s unsupported allegation that the property at issue had been destroyed). Herrera-Contreras has cited no binding precedent in support of his argument the district judge was required to hold a hearing, where the judge received evidence showing the government did not possess the $2.1 million at issue. See Fed. R.Crim.P. 41(g); Potes Ramirez, 260 F.3d at 1314 (<HOLDING>). The district judge received a declaration Options: A. holding where record fails to establish whether and how appellant presented motion for new trial to the trial court it was not timely presented B. holding that to justify a new trial based upon newly discovered evidence 1 the evidence must have been discovered after trial 2 the failure to discover this evidence must not be attributable to a lack of due diligence on the part of the movant 3 the evidence must not be merely cumulative or impeaching 4 the evidence must be material and 5 the evidence must be likely to produce an acquittal if a new trial is granted C. recognizing the government must submit some evidence of property destruction but it is within the district judges discretion to determine how evidence should be presented D. holding that a defendant owed no duty to a plaintiff with regard to the safekeeping of evidence because there was no promise by the defendant or its employees to inspect or safeguard the evidence for the plaintiffs benefit and destruction of physical evidence was not criminal because destruction was innocent and designed to ensure the safety of the defendants employees E. recognizing that evidence of government knowledge of the defendants conduct could be part of a defendants argument that it did not knowingly submit false claims

assistant: The best answer is C. recognizing the government must submit some evidence of property destruction but it is within the district judges discretion to determine how evidence should be presented
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Tenant shall keep and maintain proper and accurate books and records, in accordance with GAAP (or, with respect to revenues from Gaming Operations, such accounting method as may be required by applicable Laws), and, with respect to hotel operations, the Uniform System of Accounts, reflecting the financial condition and results of operations of Tenant and the Project. Subject to applicable Law, Landlord shall have the right from time to time during normal business hours upon reasonable notice (which may be given verbally) to Tenant to examine such books and records at the office of Tenant or other Person maintaining such books and records on behalf of Tenant and to make such copies or extracts thereof as Landlord shall desire. Upon the occurrence and during the continuance of an Event of Default, Tenant shall pay any costs actually incurred by Landlord to examine such books, records and accounts, as Landlord shall determine to be necessary or appropriate in the protection of Landlord’s interests.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All of the authorized capital stock of the Parent, and the shares (referred to herein as the " Shares ") of the Parent that are issued and outstanding have been validly issued and are fully paid and nonassessable. There are no options, warrants or other rights outstanding to purchase any such Shares to be issued after the Closing Date except as indicated on Schedule 6.1.2 .

assistant: Capitalization
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 jurisdiction over tort claims brought against the State and over damages claims brought against state employees in their official capacities, but not over claims brought against state officials in their individual capacities.”). Rather, the jurisdiction of the Court of Claims is “generally limited to claims for damages against the State, including suits that result from the torts of its officers and employees while acting in such capacities.” Holmes, 782 N.Y.S.2d at 573 (internal citations omitted). For that reason, courts in this Circuit have held that a suit in a forum where state employees may only be sued in their official capacities does not bar an action against those employees in their individual capacities. See, e.g., Gargiul v. Tompkins, 790 F.2d 265, 272-73 (2d Cir.1986) (<HOLDING>) (internal citations omitted); Pack, 348 Options: A. holding that in a suit against state officials in their official capacities monetary relief unlike prospective injunctive relief is generally barred by the eleventh amendment B. holding that since damage claims in an article 78 proceeding may only be asserted against individuals in their official capacities the plaintiff could not have recovered damages against the education officials in their individual capacities and therefore cannot be barred by res judicata C. holding that states and state officials acting in their official capacities are not persons subject to liability under 1983 D. holding that such claims however cannot be brought directly against the state or a state agency but only against state officials in their official capacities E. holding that an action brought against the state officials in their official capacities was not properly removed to federal court because the district court lacked jurisdiction

assistant: The best answer is B. holding that since damage claims in an article 78 proceeding may only be asserted against individuals in their official capacities the plaintiff could not have recovered damages against the education officials in their individual capacities and therefore cannot be barred by res judicata
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: PURCHASER ACKNOWLEDGES THAT IT HAS HAD SUFFICIENT OPPORTUNITY TO PERFORM, AND HAS PERFORMED, APPROPRIATE DUE DILIGENCE REGARDING THE PATENTS AND PATENT APPLICATIONS TO THE SATISFACTION OF PURCHASER, AND ACCORDINGLY, ALL SALES ARE FINAL AFTER EXECUTION OF THIS AGREEMENT, PROVIDED THAT THE FOREGOING SHALL NOT LIMIT ANY LIABILITY RESULTING FROM A BREACH OF THIS AGREEMENT.

assistant: Sales
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: not in any supervisory capacity with these girls. However, in the present case, appellant is a thirty-seven-year-old man who repeatedly raped his daughter and raped her friend while both were in his care. Based upon the foregoing analysis, appellant meets the criteria for relevancy in our pedophile-exception cases. For these reasons, Clay, supra is distinguishable, and appellant’s argument on this point fails. Thus, we conclude that such evidence would be independently admissible under Rule 404(b). Because each victim’s testimony would be admissible in the trial of the other to show appellant’s intent, motive, or common scheme or plan, the trial court did not abuse its discretion in refusing to sever the two cases. See Lukach v. State, 310 Ark. 119, 123, 835 S.W.2d 852, 854-55 (1992) (<HOLDING>). Accordingly, we affirm the trial court on Options: A. holding that trial court did not abuse discretion in denying motion to sever because trial of three defendants would not create confusion B. holding district court did not abuse its discretion by refusing to sever numerous substantively unconscionable terms from arbitration agreement C. holding that trial court did not abuse discretion in denying motion to sever because codefendants defenses were not antagonistic D. holding that the trial court did not abuse its discretion in refusing to allow the withdrawal of the juiy trial waiver E. holding that the trial court did not abuse its discretion in refusing a motion to sever separate charges of rape committed against the appellants two nieces

assistant: The best answer is E. holding that the trial court did not abuse its discretion in refusing a motion to sever separate charges of rape committed against the appellants two nieces
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement and the other documents delivered pursuant hereto constitute the full and entire understanding and agreement between the parties with regard to the subjects hereof and thereof and they supersede, merge, and render void every other prior written and/or oral understanding or agreement among or between the parties hereto.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement is subject to the terms and conditions of the Plan. In the event of any inconsistent provisions between this Agreement and the Plan, the provisions of the Plan control. Capitalized terms used in this Agreement without definitions have the meanings assigned to them in the Plan. References to Sections are to Sections of this Agreement unless otherwise noted.

assistant: Interpretations
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 Subtenant shall comply in all material respects with all governmental laws, ordinances and regulations applicable to the use by the Subtenant of the Subleased Premises and shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of any public or private nuisance under California law or unpermitted use in or upon, or connected with, the Subleased Premises, all at the Subtenant’s sole expense. The Subtenant shall furnish the Sublandlord with evidence of all required licenses and permits for operation of the Subtenant’s business at the Subleased Premises. The Subtenant shall not permit at the Subleased Premises any action that would constitute a public or private nuisance under California law.

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: Cir. 1993) (Breyer, C.J.). Other courts of appeals have enumerated comparable requirements. See, e.g., United States v. Sloan, 505 F.3d 685, 697 (7th Cir.2007); United States v. Mandanici, 205 F.3d 519, 524 (2d Cir.2000); United States v. Walgren, 885 F.2d 1417, 1420 (9th Cir.1989). Beyond these generalities, the case law has been uneven. For example, several courts have indicated that something more than the stain of conviction is needed to show continuing collateral consequences. See, e.g., Fleming v. United States, 146 F.3d 88, 90-91 & n. 3 (2d Cir.1998) (per curiam); United States v. Dyer, 136 F.3d 417, 429-30 & n. 33 (5th Cir.1998); Hager, 993 F.2d at 5; United States v. Osser, 864 F.2d 1056, 1059-60 (3d Cir.1988); see also United States v. Keane, 852 F.2d 199, 203 (7th Cir.1988) (<HOLDING>). Other courts have indicated that continuing Options: A. holding that defendants have a federal constitutional right to make a collateral attack on a prior conviction only when that conviction was obtained without the assistance of counsel B. holding that once the sentence imposed for a conviction has completely expired the collateral consequences of that conviction are not themselves sufficient to render an individual in custody for the purposes of a habeas attack upon it C. holding that the exception is applied only in exceptional situations D. holding that continuing collateral consequences arise only in situations where the disability is unique to a criminal conviction E. holding the petitioners challenge of his conviction is not rendered moot by the expiration of the underlying sentence because collateral consequences flowing from the conviction give the petitioner a substantial stake in the judgment of conviction which survives the satisfaction of the sentence imposed on him

assistant: The best answer is D. holding that continuing collateral consequences arise only in situations where the disability is unique to a criminal conviction
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: From and after the Effective Date, the Administrative Agent shall make all payments in respect of [ the ] [ each ] Assigned Interest (including payments of principal, interest, fees and other amounts) to the Assignor for amounts which have accrued to but excluding the Effective Date and to [ the ] [ the relevant ] Assignee for amounts which have accrued from and after the Effective Date. Notwithstanding the foregoing, the Administrative Agent shall make all payments of interest, fees or other amounts paid or payable in kind from and after the Effective Date to [the][the relevant] Assignee.

assistant: Payments
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: argues that Weber’s proffered reasons for not passing on Ms. Tesser’s name are incredible, and therefore the only rational conclusion is that he is trying to hide his discriminatory motives. In particular, Plaintiff points to the fact that Weber continued to employ and approve of Ms. Tesser’s work during the same period of time he claims that she began acting irrationally and incapable of taking on the position of principal. (Id. at 16-17.) As a matter of law, Plaintiffs suggestion that a clear showing of pretext establishes discrimination in this case is wrong. While proof of pretext combined with circumstantial evidence may be sufficient to prove discriminatory intent, it does not require such a finding. See Zimmermann v. Associates First Capital, 251 F.3d 376, 381-82 (2d Cir.2001) (<HOLDING>). In other words, the jury might have Options: A. holding on interlocutory appeal that expert testimony not always required by the terms of the louisiana product liability act to prove prima facie design defect B. holding the plaintiff satisfies the burden of a prima facie case by a preponderance of the evidence C. holding that a prima facie case is subject to independent review D. holding combination of prima facie case and evidence of pretext is neither always sufficient nor always insufficient E. holding that an employees attempt to prove actual discrimination requires more substantial evidence than a prima facie case because evidence of pretext and discrimination is viewed in light of the employers justification

assistant: The best answer is D. holding combination of prima facie case and evidence of pretext is neither always sufficient nor always insufficient
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 given under this Amended Agreement shall be in writing and shall be deemed to have been duly given (a) when delivered personally, (b) three business days after being mailed by first class certified mail, return receipt requested, postage prepaid, (c) one business day after being sent by a reputable overnight delivery service, postage or delivery charges prepaid, or (d) on the date on which a facsimile is transmitted to the parties at their respective addresses stated below. Any party may change its address for notice and the address to which copies must be sent by giving notice of the new addresses to the other parties in accordance with this Section 9.01, except that any such change of address notice shall not be effective unless and until received.

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: Subject to Section 2.19(a), the Borrower shall give the Administrative Agent and the applicable LC Issuer notice prior to 1:00 p.m. (Chicago time) at least five (5) Business Days prior to the proposed date of issuance or Modification of each Facility LC, specifying the beneficiary, the proposed date of issuance (or Modification) and the expiry date of such Facility LC, and describing the proposed terms of such Facility LC and the nature of the transactions proposed to be supported thereby. Upon receipt of such notice, the Administrative Agent shall promptly notify each Revolving Lender of the contents thereof and of the amount of such Lender’s participation in such proposed Facility LC. The issuance or Modification by any LC Issuer of any Facility LC shall, in addition to the conditions precedent set forth in Article IV, be subject to the conditions precedent that such Facility LC shall be reasonably satisfactory to such LC Issuer and that the Borrower shall have executed and delivered such application agreement and/or such other instruments and agreements relating to such Facility LC as such LC Issuer shall have reasonably requested (each, a “Facility LC Application”). No LC Issuer shall have any independent duty to ascertain whether the conditions set forth in Article IV have been satisfied; provided, however , that no LC Issuer shall issue a Facility LC if, on or before the proposed date of issuance, such LC Issuer shall have received notice from the Administrative Agent or the Required Lenders that any such condition has not been satisfied or waived. In the event of any conflict between the terms of this Agreement and the terms of any Facility LC Application, the terms of this Agreement shall control.

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: Employee acknowledges that her failure to abide by the Trade Secrets and Confidential Information, Bank Property or Competitive Business Activities provisions of this Agreement would cause irreparable harm to the Bank for which legal remedies would be inadequate. Therefore, in addition to any legal or other relief to which the Bank may be entitled by virtue of Employee’s failure to abide by these provisions, the Bank may seek legal and equitable relief, including, but not limited to, preliminary and permanent injunctive relief, for Employee’s actual or threatened failure to abide by these provisions without the necessity of posting any bond, and Employee will indemnify the Bank for all expenses including attorneys’ fees in seeking to enforce these provisions.

assistant: Remedies
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: made an outright sexual comment or contact with the plaintiff. See e.g., United States v. Lanier, 520 U.S. 259, 267-71, 117 S.Ct. 1219, 1226-28, 137 L.Ed.2d 432, 442-46 (1997) (involving the sexual assault by a state judge); McWilliams v. Fairfax County Bd. of Supervisors, 72 F.3d 1191, 1197 (4th Cir.1996), cert. denied, 519 U.S. 819, 117 S.Ct. 72, 136 L.Ed.2d 32 (1996) (discussing abusive sexual conduct in a state facility); Doe v. Taylor Indep. Sch. Dist., 15 F.3d 443, 450-52 (5th Cir.1994) (finding liberty interest in bodily integrity in a case involving sexual abuse of school children by a teacher); Sepulveda v. Ramirez, 967 F.2d 1413, 1415-16 (9th Cir.1992) (establishing right to bodily privacy case where parolee observed while providing urine sample); Haberthur, 119 F.3d at 723 (<HOLDING>). Only one case could be found that contained Options: A. holding fourth amendment protects right to be free from arrest without probable cause B. holding that dchra requires plaintiff to establish that he has been subjected to unwelcome harassment in the workplace C. recognizing that an alleged deprivation of the right to be free from prosecution without probable cause might be judged under the fourth amendment D. holding that a students right to bodily integrity under the fourteenth amendment encompasses a students right to be free from sexual assaults by his or her teachers E. recognizing the right to be free from unwelcome sexual fondling touching or other egregious contact where a police officer had fondled a womans breasts

assistant: The best answer is E. recognizing the right to be free from unwelcome sexual fondling touching or other egregious contact where a police officer had fondled a womans breasts
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: for their criminal conduct than those who have attained the age of 18. Consequently, the legislature has prescribed lesser penalties for those who commit serious offenses as juveniles. While the legislature has provided the means to treat specified juvenile offenders as adults for purposes of prosecution and punishment, the legislature has not similarly chosen to provide for treatment of certain adults as juveniles. See K.S.A. 38-1636. Because the legislature has not deemed appropriate the consideration of adults as juveniles for purposes of prosecution and sentencing, the sentencing court’s attempt to circumvent the legislature’s policy decisions by so regarding the adult codefendants’ offenses is inappropriate. See State v. Heath, 21 Kan. App. 2d 410, 418, 901 P.2d 29 (1995) (<HOLDING>). However, in Roper, the United States Supreme Options: A. holding that a statutory right is a creature of the legislature and does not exist where the legislature has not acted B. holding that disagreement with the classification of a crime by the legislature is not a substantial and compelling reason to depart from the presumptive sentence C. holding that a circuit court has no jurisdiction to review a district courts discretionary decision not to depart downward from the guidelines but would have jurisdiction if the district court based its decision on the belief that it did not have the authority to depart D. holding that where the district court was able to estimate drug quantity there is no reason to depart from 2d11 E. recognizing that a defendant may appeal a district courts refusal to depart downward if the sentence was imposed in violation of law because the district court misconstrued its authority to depart

assistant: The best answer is B. holding that disagreement with the classification of a crime by the legislature is not a substantial and compelling reason to depart from the presumptive sentence
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 hereby explicitly and unambiguously consents to the collection, use and transfer, in electronic or other form, of the Participant’s personal data as described in this Agreement and any other Option grant materials by and among, as applicable, the Participant’s employer or contracting party (the “ Employer ”) and the Company for the exclusive purpose of implementing, administering and managing the Participant’s participation in the Plan. The Participant understands that the Company may hold certain personal information about the Participant, including, but not limited to, the Participant’s name, home address, email address and telephone number, work location and phone number, date of birth, social insurance number, passport or other identification number, salary, nationality, job title, hire date, any shares of stock or directorships held in the Company, details of all awards or any other entitlement to shares awarded, cancelled, exercised, vested, unvested or outstanding in the Participant’s favor, for the purpose of implementing, administering and managing the Participant’s participation in the Plan (“ Personal Data ”).

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: v. Mayden, 413 U.S. 665, 668, 93 S.Ct. 2926, 37 L.Ed.2d 873 (1973); Byrd v. State, 995 So.2d 1008, 1011 (Fla. 1st DCA 2008). The Sixth Amendment states, in pertinent part: “[I]n all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed ... and to be informed of the nature and cause of lent the accusation.” U.S. Const. Amend. VI. The states would have a constitutional obligation to include Apprendi-type factors in their charging instruments only if the notice requirement of the Sixth Amendment, which does apply to the states via Fourteenth Amendment due process, imposed such a requirement. Duncan v. Louisiana, 391 U.S. 145, 149, 88 S.Ct. 1444, 20 L.Ed.2d 491 (1968) (<HOLDING>). A state legislature is “vested,” subject to Options: A. holding that the second amendment fully applies to state and local regulation through the fourteenth amendment B. holding that the fourteenth amendment incorporated the sixth amendment right to counsel C. holding that the confrontation clause is applicable to the states through the fourteenth amendment D. holding second amendment right is incorporated against the states through fourteenth amendment E. holding the sixth amendment right to a jury trial applies to the states through the fourteenth amendment

assistant: The best answer is E. holding the sixth amendment right to a jury trial applies to the states through the fourteenth amendment
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Confidential Information: means all confidential information (however recorded, preserved or disclosed) disclosed by a Party or its Representatives to the other Party and that Party's Representatives including but not limited to: (a) the fact that discussions and negotiations are taking place concerning the Purpose and the status of those discussions and negotiations; (b) the existence and terms of this Agreement;

assistant: No
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 multiple conspiracies instruction that he seeks, which allows a jury to find a defendant not guilty if the charged conspiracy did not exist or the defendant was not a member. 12 . We reject the defendants’ argument that Baker was overruled by Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000). Though Apprendi did overrule portions of Baker permitting the district court to find drug quantities for sentencing purposes, it did not address the use of prior state convictions to enhance federal sentences. See Nordby, 225 F.3d at 1059, overruled on other grounds by United States v. Buckland, 289 F.3d 558 (9th Cir. 2002) (en banc). 13 . Two of our sister circuits have reached the same conclusion. See United States v. Smith, 451 F.3d 209, 224-25 (4th Cir. 2006) (<HOLDING>); see also United States v. Fink, 499 F.3d 81, Options: A. holding that defendants prior felony convictions in georgia state court for drugrelated conspiracy and simple possession qualified as predicate prior felony drug offenses for 841b1a because under the plain language of the statute felony drug offense includes any criminal conduct relating to narcotics including simple possession which a state has proscribed as a felony B. holding that prior felony drug convictions that fall within the conspiracy period may be used to enhance the defendants sentence if the conspiracy continued after his earlier convictions were final C. holding that due to statute defendant cannot collaterally attack prior convictions used to enhance sentence unless in violation of the right to counsel D. holding that once a defendant becomes associated with a conspiracy he is responsible for all of the acts of the conspiracy even those which occurred before or after his association with the conspiracy E. holding amended language gives district courts discretion to permit collateral attack on prior convictions used to enhance sentence

assistant: The best answer is B. holding that prior felony drug convictions that fall within the conspiracy period may be used to enhance the defendants sentence if the conspiracy continued after his earlier convictions were final
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: OCGA § 16-6-11 (5) (“Aperson commits the offense of pimping when he or she... [ajids or abets, counsels, or commands another in the commission of prostitution or aids or assists in prostitution where the proceeds or profits derived therefrom are to he divided on a pro rata basis.”); OCGA § 16-6-4 (c) (“Aperson commits the offense of aggravated child molestation when such person commits an offense of child molestation which act physically injures the child or involves an act of sodomy.”); OCGA § 16-6-5 (a) (“A person commits the offense of enticing a child for indecent purposes when he or she solicits, entices, or takes any child under the age of 16 years to any pl ate, 276 Ga. 736, 739 (2) (585 SE2d 616) (2003). 8 See Phillips v. State, 289 Ga. App. 281, 282 (1) (656 SE2d 905) (2008) (<HOLDING>). 9 See Character v. State, 285 Ga. 112, 120 Options: A. holding that a violation of the hearsay rule was harmless B. holding that any error in admitting results of breath test through admission of breathalyzers certificate of inspection which defendant claimed constituted inadmissible testimonial hearsay was harmless when the jury acquitted defendant of driving under the influence with an unlawful bloodalcohol concentration C. holding that admission of hearsay constituted harmless error when there was more than sufficient other evidence in the record to support the verdict D. holding that defendant waived error of admission of hearsay testimony when he elicited it himself E. holding 1 that administering a breath test is not a critical stage of the proceedings to which a sixth amendment right to counsel attaches and 2 that the results of a breath test are physical evidence not testimonial and thus no fifth amendment right to counsel attaches

assistant: The best answer is B. holding that any error in admitting results of breath test through admission of breathalyzers certificate of inspection which defendant claimed constituted inadmissible testimonial hearsay was harmless when the jury acquitted defendant of driving under the influence with an unlawful bloodalcohol concentration
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: 7(C) are categorically exempt from disclosure' unless disclosing such information is necessary in order to confirm or refute compelling evidence that the agency is engaged in-illegal activity.” See Pinson, 202 F.Supp.3d at 102, ECF No. 306 (quoting SafeCard Servs., Inc. v. SEC, 926 F.2d 1197, 1206 (D.C. Cir. 1991)). Because Pinson does not allege illegal activity by the BOP, much less present compelling evidence of the same, the names of the co-defendants and third-parties are categorically exempt from disclosure. See Reporters Committee, 489 U.S. at 774-75, 109 S.Ct. 1468 (“[I]n none of our cases construing the FOIA have we found it appropriate to order a Government agency to honor a FOIA request for information about a particular private citizen.”); SafeCard, 926 F.2d at 1206 (<HOLDING>); Pinson, 202 F.Supp.3d at 102 (holding that Options: A. holding that names and address of private individuals appearing in files within the ambit of exemption 7c are exempt from disclosure B. holding that the names of thirdparty inmates within memoranda were categorically exempt from disclosure absent compelling evidence of illegal activity by the bop C. holding that exemption 7c protects the privacy interests of all persons mentioned in law enforcement records whether they be investigators suspects witnesses or informants and their names are generally exempt from disclosure D. holding that names of private individuals appearing in files within the ambit of exemption 7c are categorically exempt from disclosure unless disclosing such information is necessary in order to confirm or refute compelling evidence that the agency is engaged in illegal activity E. holding that exemption 7c protects the privacy interests of all persons mentioned in law enforcement records whether they be investigators suspects witnesses or informants and their names are generally exempt from disclosure

assistant: The best answer is D. holding that names of private individuals appearing in files within the ambit of exemption 7c are categorically exempt from disclosure unless disclosing such information is necessary in order to confirm or refute compelling evidence that the agency is engaged in illegal activity
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: authorizes this Court to transfer Taxpayers complaint to the proper tribunal. Section 5103(d) of the Judicial Code specifies what constitutes a proper tribunal by defining a tribunal to be a court or magisterial district judge or other judicial officer of this Commonwealth vested with the power to enter an order in a matter, the Board of Claims, the Board of Property, the Office of Administrator for Arbitration Panels for Health Care and any other similar agency. 42 Pa.C.S. § 5103(d) (emphasis added). To be a similar agency, the tribunal must be a Commonwealth agency with statewide jurisdiction, and its jurisdiction must involve subjects traditionally identified with the judiciary. Barner v. Board of Supervisors of South Middleton Township, 113 Pa.Cmwlth. 444, 537 A.2d 922, 925 (1988) (<HOLDING>). The Board is such an agency. It has statewide Options: A. holding that a police department is not a person within the meaning of section 1983 B. holding that where a zoning board had no authority under state law to take certain actions with respect to a protected property interest a trier of fact could conclude that there was no rational basis for the towns zoning boards actions and that as a result the zoning board violated appellants rights to substantive due process C. holding that the llupa does not provide for judicial review of requests to change zoning or comprehensive zoning plans D. holding that a zoning hearing board was not a tribunal within the meaning of section 5103d of the judicial code 42 pacs 5103d E. holding that the director of the office of domestic relations was a judicial agency pursuant to the rtkl because the director was administrative staff of the unified judicial system as defined in the judicial code 42 pacs 102

assistant: The best answer is D. holding that a zoning hearing board was not a tribunal within the meaning of section 5103d of the judicial code 42 pacs 5103d
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: Tex. Fam.Code. Ann. § 52.025 (emphasis added); see Baptist Vie Le, 993 S.W.2d at 653. A “juvenile processing office” is “little more that a temporary stop for completing necessary paperwork pursuant to the arrest.” Baptist Vie Le, 993 S.W.2d at 654. Under the plain language of section 52.025(b), it may be used only for (1) the return of the child to a parent or guardian; (2) the completion of forms or records; (3) photographing and fingerprinting if the child; (4) the issuance of warnings; and (5) the receipt of a statement in compliance with section 51.095(a)(1), (2), (3), or (5) of the Family Code. Tex. Fam.Code. Ann. § 52.025(b). Moreover, under the plain language of section 52.025(a), while a “designated juvenile processing office” may be a room located in a police 0 S.W.3d at 907 (<HOLDING>); In re D.Z., 869 S.W.2d at 564 (holding that Options: A. holding that statement of child that meets admissibility requirements of section 51095 may be nonetheless inadmissible when provisions in sections of family code dictating the necessary procedures for taking the childs statement are violated specifically section 52025b B. holding that section 20 claims are governed by section 1658b bjecause section 20 merely creates a derivative liability for violations of other sections of the act C. holding same for family code section 105001a5 D. holding that section 5601c does not authorize appeals from juvenile courts transferring a child to district court for criminal proceedings under section 5402 of the family code E. holding that section 105 grants statutory contempt powers in the bankruptcy context that may be used to award monetary and other forms of relief for automatic stay violations to the extent such awards are necessary and appropriate to carry out the provisions of the bankruptcy code

assistant: The best answer is A. holding that statement of child that meets admissibility requirements of section 51095 may be nonetheless inadmissible when provisions in sections of family code dictating the necessary procedures for taking the childs statement are violated specifically section 52025b
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: (a) Prior to the Discharge of Priority Lien Obligations, if any Second Lien Secured Party, contrary to this Agreement, commences or participates in any action or proceeding against any Grantor or the Collateral, such Grantor, with the prior written consent of the Priority Lien Agent, may interpose as a defense or dilatory plea the making of this Agreement, and any Priority Lien Secured Party may intervene and interpose such defense or plea in its or their name or in the name of such Grantor.

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 case excerpt and choose the best holding from the options. Case excerpt: should be voided for lack of mutuality] and the [Conservation Service’s] obvious disregard [of its] terms.”). Declaratory relief is available in Tucker Act suits when it is an “incident of and collateral to” a money judgment, meaning it must be “subordinate to a money judgment.” James v. Caldera, 159 F.3d 573, 580 (Fed. Cir. 1998). For example, this court has jurisdiction to determine, as a prerequisite to a claim for back pay, that a soldier’s discharge was erroneous, even if the court then holds that the soldier is not entitled to back pay. Id. In the Telzrows’ case, a declaration that the easement deed is invalid could be subordinate to a judgment for the government, because the Telzrows then would have no basis for a claim of breach of contract. See Gould, 67 F.3d at 929-30 (<HOLDING>). But a determination that the easement deed is Options: A. holding in a breach of contract action brought by a government contract surety under the tucker act that the tucker act contains an unequivocal expression waiving sovereign immunity as to claims not particular claimants B. holding that a state court judgment that modifies a discharge in bankruptcy is void ab initio and the rookerfeldman doctrine would not bar federal court jurisdiction C. holding that the tucker act confers jurisdiction to hear claims for alleged breach of contract and that jurisdiction is not lost if the court later determines on the merits that the alleged contract is in fact void ab initio or invalid D. holding that court of claims has jurisdiction over actions for breach of standard contract E. holding that an action taken in violation of the automatic stay is void ab initio

assistant: The best answer is C. holding that the tucker act confers jurisdiction to hear claims for alleged breach of contract and that jurisdiction is not lost if the court later determines on the merits that the alleged contract is in fact void ab initio or invalid
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 construed and enforced exclusively pursuant to the laws of the State of Texas applicable to contracts to be performed wholly within the State. The Parties also agree that the venue of any action to enforce the provisions of this Agreement, or any document executed in connection with this Agreement, shall be in Dallas County, Texas. The Parties agree they will not contest the choice of law and venue provisions in this Paragraph.

assistant: Venues
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 terminated by the Purchaser, as to the Purchaser’s obligations hereunder only and without any effect whatsoever on the obligations between the Company and the other Purchaser, by written notice to the other parties, if the Closing has not been consummated on or before April 30, 2018; provided, however, that such termination will not affect the right of any party to sue for any breach by any other party (or parties).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: TO THE EXTENT PERMITTED BY APPLICABLE LAW, AND FOR THE PURPOSE OF REDUCING THE TIME AND EXPENSE OF LITIGATION, INDEMNITOR AND INDEMNITEE WAIVE TRIAL BY JURY IN ANY ACTION BROUGHT ON, UNDER OR BY VIRTUE OF THIS AGREEMENT.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Other than as set forth on Schedule 7.1(h) hereto, the Company does not have any Subsidiaries. Except as set forth in the immediately preceding sentence, neither the Company nor any of its Subsidiaries, directly or indirectly, owns any equity or similar interest in, or any interest convertible or exchangeable or exercisable for, at any time, any equity or similar interest in any Person. There are no outstanding preemptive rights or other outstanding rights, options, warrants, conversion rights or agreements or commitments of any character relating to the equity interests of any of the Company’s Subsidiaries, and none of the Company’s Subsidiaries have issued any debt securities, other securities, rights or obligations that are currently outstanding and convertible into or exchangeable for, or giving any Person a right to subscribe for or acquire, equity securities of any such Subsidiaries.

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: The term of Executive's employment hereunder shall commence on June 16, 2015 and shall continue until June 16, 2016, unless sooner terminated or extended as hereinafter provided (the "Employment Term").

assistant: Terms