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 legal provision and list the applicable contract clause categories. Provision: The Obligors jointly and severally agree to reimburse each of the Secured Creditors for all reasonable costs and expenses incurred by them (including the reasonable fees and expenses of one legal counsel for the Secured Creditors in each relevant jurisdiction or of more than one such legal counsel to the extent any Secured Creditor reasonably determines that there is an actual conflict of interest requiring the employment of separate legal counsel) in connection with (a) any enforcement of their rights hereunder, or, during the continuation of an Event of Default, protection of its rights in connection with this Agreement or collection proceeding resulting therefrom, including, without limitation, all manner of participation in or other involvement with (i) performance by the Administrative Agent of any obligations of the Obligors in respect of the Collateral that the Obligors have failed or refused to perform, (ii) bankruptcy, insolvency, receivership, foreclosure, winding up or liquidation proceedings, or any actual or attempted sale, or any exchange, enforcement, collection, compromise or settlement in respect of any of the Collateral, and for the care of the Collateral and defending or asserting rights and claims of the Administrative Agent in respect thereof, by litigation or otherwise, including expenses of insurance, (iii) judicial or regulatory proceedings and (iv) workout, restructuring or other negotiations or proceedings (whether or not the workout, restructuring or transaction contemplated thereby is consummated), (b) the enforcement of this Section 7.05 , (c) the administration of this Agreement and (d) the custody, preservation, use or sale of any of the Collateral, and all such costs and expenses shall be Secured Obligations entitled to the benefits of the collateral security provided pursuant to Section 4 .

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: Each Obligor agrees that any suit, action or proceeding with respect to this Amendment or any other Loan Document to which it is a party or any judgment entered by any court in respect thereof may be brought initially in the federal or state courts in New York, New York or in the courts of its own corporate domicile and irrevocably submits to the non-exclusive jurisdiction of each such court for the purpose of any such suit, action, proceeding or judgment. This Section 5 is for the benefit of Administrative Agent and the Lenders only and, as a result, neither Administrative Agent nor any Lender shall be prevented from taking proceedings in any other courts with jurisdiction. To the extent allowed by applicable Laws, Administrative Agent and the Lenders may take concurrent proceedings in any number of jurisdictions.

assistant: Submission To Jurisdiction
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: maximum sentence of life imprisonment. The plea petition also shows that he was advised by his attorney that the applicable guideline range would be from 180 months to life imprisonment. At the plea hearing, the Court also advised Petitioner that he faced a mandatory minimum of fifteen years imprisonment. Transcript of Plea Hearing at 11. As noted above, the Court confirmed that Petitioner had read and understood the contents of the plea petition. Id. at 27. Further, the Court informed Petitioner that probation was not available as an opt ey had not so informed him, the Court took care during the plea colloquy to ensure that Petitioner was fully aware of the nature of the plea agreement and of the possible sentence he could receive. See Ramos v. Rogers, 170 F.3d 560, 565 (6th Cir.1999)(<HOLDING>). Thus, Petitioner is not entitled to relief Options: A. holding that the defendants guilty plea was valid where the district court carefully questioned the defendant about whether he understood the consequences of his guilty plea B. holding that a defendant must have knowledge of the likely consequences of entering the guilty plea in order for a plea to be voluntary and knowing C. holding that the courts proper colloquy can be said to have cured any misunderstanding petitioner may have had about the consequences of his plea D. holding that plea colloquy did not refute defendants claim that counsel was ineffective for failing to investigate his competency because defendants competency was never addressed at the plea colloquy E. holding that defendants guilty plea could not be said to have been entered with full knowledge of the consequences of such a plea when the trial court clearly did not advise him that his prior convictions could influence either the decision to impose the maximum oneyear penalty on each count or the decision to order the terms to be served consecutively

assistant: The best answer is C. holding that the courts proper colloquy can be said to have cured any misunderstanding petitioner may have had about the consequences of his plea
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: challenging the payment orders on the grounds that such payments exceed the amounts authorized by West Virginia Code § 49-7-33, DHHR raises additional objections to those orders stemming from the preapproval procedure established in Trial Court Rule 27.02. While the parties did not provide us with specifies, some of the underlying payment orders at issue were not preapproved by the trial court regarding the amount of the expert witness fee to be awarded for the evaluative services to be performed by Dr. Hewitt. However, by failing to appeal any of the underlying orders that collectively comprise the subject of the August 16, 2001, order, DHHR has waived its right to challenge the enforceability of those orders. See Syl. Pt. 3, State v. Asbury, 187 W.Va. 87, 415 S.E.2d 891 (1992) (<HOLDING>); see also Hustead on Behalf of Adkins v. Options: A. holding party must make timely and specific objection at trial to preserve issue for appellate review B. holding that although the issue of waiver as to the appellants allegation of trial court error had not been addressed by either party this court could raise the issue of waiver sua sponte C. holding that fjailure to make timely and proper objection constitutes a waiver of the right to raise the question thereafter either in the trial court or in the appellate court D. holding that failure to raise pretrial objection to alleged duplicitous counts in the indictment constitutes waiver of the defense E. holding that by fading to timely raise the issue before the trial court the defendant had waived the right to raise the issue on appeal that the trial court failed to consider less severe sanctions

assistant: The best answer is C. holding that fjailure to make timely and proper objection constitutes a waiver of the right to raise the question thereafter either in the trial court or in the appellate court
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Parent shall promptly (and, in any event, within twenty-four (24) hours) notify the Company if (i) any written or other bona fide inquiries, proposals or offers with respect to a Parent Acquisition Proposal are received by Parent, (ii) any non-public information is requested in connection with any Parent Acquisition Proposal from Parent, or (iii) any discussions or negotiation with respect to a Parent Acquisition Proposal are sought to be initiated or continued with Parent, indicating, in connection with such notice, the name of such Person and the material terms and conditions of any proposals or offers (including, if applicable, copies of any written requests, proposals or offers, including proposed agreements) and thereafter shall keep the Company informed, on a current basis, of the status and terms of any such proposals or offers (including any amendments thereto) and the status of any such discussions or negotiations.

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: Buyer is in compliance in all material respects, and at all times has conducted and operated in material compliance with all applicable Laws. No notice, action, suit, proceeding, hearing, investigation, charge, complaint, claim, demand or notice has been filed or commenced against Buyer alleging any failure to so comply or, to the knowledge of Buyer, is threatened.

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: point, its admonition that "to obtain collateral relief a prisoner must clear a significantly higher hurdle than would exist on direct appeal under the plain error standard," Frady, 456 U.S. at 166, indicates that a prisoner must, at a minimum, satisfy all of the requirements of the plain error standard in order to succeed in a collateral attack. 14 . In Cotton itself, drug quantity was omitted from the jury instructions as well as from the indictment, although the Court did not discuss the relevance of the former omission. See Cotton, 535 U.S. at 628, 122 S.Ct. 1781. In Pettigrew’s case, although the issue of drug quantity was omitted from the juiy instructions, each count of the indictment alleged the distribution of 50 grams or more of cocaine base. 15 . See Dale, 140 F.3d at 1057 (<HOLDING>) (citation omitted); cf. Neder v. United Options: A. holding that the harmlesserror rule of chapman v california applies to the failure of a trial judge to submit an element of the offense to the jury B. holding that failure to submit an element of the offense to the jury is subject to harmless error analysis C. holding that a jury instruction directing the verdict on one element deprived defendant of the right to a jury determination on every element of the charged offense and thus constituted structural error D. holding omission in the jury instruction of element of offense requires a new trial E. holding that the cause and prejudice standard applies on collateral review when an element of an offense has been decided by a court rather than a jury and rejecting the contention that the failure to submit an element to the jury is necessarily prejudicial merely because it requires speculation about what a hypothetical jury could have decided had it been allowed to do so

assistant: The best answer is E. holding that the cause and prejudice standard applies on collateral review when an element of an offense has been decided by a court rather than a jury and rejecting the contention that the failure to submit an element to the jury is necessarily prejudicial merely because it requires speculation about what a hypothetical jury could have decided had it been allowed to do so
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 Buyer and the Seller hereby agree to, severally and not jointly (on a 50/50 basis by the Buyer, on the one hand, and the Seller, on the other hand), indemnify the Escrow Agent, its directors, officers, employees and agents (collectively, the “ Indemnified Parties ”), and hold the Indemnified Parties harmless from any and against all liabilities, losses, actions, suits or proceedings at law or in equity, and any other expenses, fees or charges of any character or nature, including, without limitation, reasonable attorney’s fees and expenses, which an Indemnified Party may incur by reason of acting as or on behalf of the Escrow Agent under this Escrow Agreement or arising out of the existence of the escrow account, except to the extent the same shall be caused by such Indemnified Party’s gross negligence or willful misconduct. The terms of this paragraph shall survive termination of this Escrow Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: fair opportunity to obtain the assistance of counsel of his choice to prepare and conduct his defense,” that "constitutional mandate is satisfied so long as the accused is afforded a fair or reasonable opportunity to obtain particular counsel, and so long as there is no arbitrary action prohibiting the effective use of such counsel." United States ex rel. Carey v. Rundle, 409 F.2d 1210, 1215 (3d Cir.1969). The record shows that Jackson had ample opportunity to retain counsel of his choice, and the District Court's refusal to further postpone his trial date was not arbitrary. 3 . Some cases add a requirement to the first prong o'f the test that the purpose is "at issue,” though others have not incorporated this requirement. Compare United States v. Brown, 765 F.3d 278, 291 (3d Cir.2014) (<HOLDING>), and United States v. Caldwell, 760 F.3d 267, Options: A. holding that the federal action at issue must be authorized B. holding that deposition testimony offered in opposition to a motion for summary judgment in a medical malpractice case must reveal that the witness is competent to testify as to the matters at issue C. holding that evidence must be offered for a proper nonpropensity purpose that is at issue in the case D. holding that proponent of 404b evidence must identify a proper 404b purpose for admission that is at issue in the case E. recognizing that other crimes evidence may be admissible if offered for any nonpropensity purpose and identifying the need to provide necessary background information about the relationships among the players as a proper purpose

assistant: The best answer is C. holding that evidence must be offered for a proper nonpropensity purpose that is at issue in the case
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The representations, warranties, covenants and agreements made in this Agreement (in each case other than the representations and warranties relating to Taxes) shall survive the Closing solely for purposes of Section 11.03 , Section 11.04 and Section 15.04 and shall terminate at the close of business on the date that is sixteen (16) months after the Closing Date (but in no event past August 15, 2017), except that (a) the Seller Fundamental Representations and the Buyer Fundamental Representations shall terminate at the close of business on the date that is sixty (60) months after the Closing Date, (b) representations and warranties relating to Taxes shall terminate sixty (60) days after the expiration of the applicable statutes of limitations, (c) the covenants set forth in Sections 5.01, 5.03, 8.05 and 8.08 shall not survive the Closing, (d) all covenants relating to Taxes shall terminate sixty (60) days after the expiration of the applicable statute of limitations and (e) the covenants set forth in Article VII and Article VIII (other than the covenants set forth in Sections 8.05 and 8.08) (i) for which performance is required prior to or on the Closing shall survive until sixteen (16) months (but in no event past August 15, 2017) following the date on which such covenant is to be fully and finally performed and (ii) for which performance is required after the Closing shall survive until three (3) years following the date on which such covenant is to be fully and finally performed. Any claim for indemnification pursuant to this Article XI that is made in accordance with the requirements of this Article XI prior to the expiration of the applicable survival period set forth in this Section 11.02 with respect to such claim shall survive, subject to the limitations set forth in this Article XI , until such claim is finally resolved. Clause (iii) of Section 11.03(a) shall survive for three years after Closing.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: highway and road design standards generally accepted at the time the road or highway was designed and constructed.” 4 . From the record, it is apparent that the trial court rested it ruling on MHTC’s argument that the PSC had exclusive jurisdiction over the placement of both the railroad crossing and the bridges. 5 . All statutory references are to RSMo 1994 unless otherwise noted. 6 . By the adoption of § 622.015, RSMo 1986, the legislature transferred all powers, duties, and functions relating to transportation activity within the State from the PSC to the Division of Transportation of the Department of Economic Development. Coon v. Atchison, Topeka & Santa Fe, 826 S.W.2d 66, 69 (Mo.App. W.D.1992). 7 . See also Walker v. St. Louis-Southwestern Ry., 835 S.W.2d 469 (Mo.App. E.D.1992) (<HOLDING>). 8 . See § 386.550, RSMo 1986 ("In all Options: A. holding that where evidence shows that federal funds were expended for installation for warning devices or signs at railroad crossing state law claims based on adequacy of those warning devices are preempted by the federal railroad safety act B. holding that in a personal injury action against a railroad a report containing the conclusions of a hearing examiner of the public utilities commission regarding an alleged hazardous railroad crossing was obvious hearsay C. holding the state law claims were not preempted D. holding claims that a railroad crossing was extrahazardous that warning devices were inadequate and that the train was not operating at a speed commensurate with the hazardous nature of the crossing were all preempted by federal law E. holding that the old common law duty to moderate train speed at an extra or ultrahazardous crossing is preempted

assistant: The best answer is D. holding claims that a railroad crossing was extrahazardous that warning devices were inadequate and that the train was not operating at a speed commensurate with the hazardous nature of the crossing were all preempted by federal law
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 execution, delivery and performance of the Transaction Documents by the Company and the consummation by the Company of the transactions contemplated hereby and thereby (including, without limitation, the issuance of the Common Shares and the grant and perfection of the security interest in the Collateral) will not (i) result in a violation of any certificate of incorporation, certificate or articles of formation or organization, memorandum of association, certificate of designations, bylaws, articles of association, operating agreements or other constituent or organizational documents of the Company or any of its Subsidiaries, (ii) conflict with, constitute a default (or an event which with notice or lapse of time or both would become a default) in any respect under, give to others any rights of termination, amendment, acceleration or cancellation of, or result in the creation of any Lien on any of the properties or assets of the Company pursuant to, any agreement, indenture, mortgage, note, bond, license, government registration or instrument to which the Company or any of its Subsidiaries is a party, or (iii) result in a violation of any law, rule, regulation, order, judgment or decree (including federal and state securities laws and regulations and the rules and regulations of the Financial Industry Regulatory Authority (“ FINRA ”) and applicable laws of the State of Delaware and any other state laws) applicable to the Company or any of its Subsidiaries or by which any property or asset of the Company or any of its Subsidiaries is bound or affected, all except to the extent that any such violation would not reasonably be expected to have a Material Adverse Effect.

assistant: No Conflicts
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 following provisions will survive any termination of your relationship with whatsapp : `` licenses , '' `` disclaimers , '' `` limitation of liability , '' `` indemnification , '' `` dispute resolution , '' `` availability and termination of our services , '' `` other , '' and `` special arbitration provision for united states or canada users . ''

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: Upon the occurrence of any Change of Control, unless the Required Lenders of the respective Class shall elect otherwise with respect to such Class, the Borrower shall prepay the Loans hereunder in full (and provide cover for LC Exposure as specified in Section 2.04(i)) plus any accrued and unpaid interest and fees thereon and any other amounts outstanding under the Loan Documentation, and the Commitments hereunder of such Class shall be automatically terminated.

assistant: Change In Control
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: There are (a) no lawsuits, actions, investigations, examinations or other proceedings pending or, to the knowledge of the Companies, threatened against any Company, or in respect of which any Company may have any liability, in any court or before or by any Governmental Authority, arbitration board, or other tribunal that could reasonably be expected to have a Material Adverse Effect, (b) no orders, writs, injunctions, judgments, or decrees of any court or Governmental Authority to which any Company is a party or by which the property or assets of any Company are bound that could reasonably be expected to have a Material Adverse Effect, and (c) no grievances, disputes, or controversies outstanding with any union or other organization of the employees of any Company, or threats of work stoppage, strike, or pending demands for collective bargaining, that could reasonably be expected to have a Material Adverse Effect.

assistant: Litigations
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 Shares may be offered and sold (i) in privately negotiated transactions (if and only if the parties hereto have so agreed in writing) or (ii) by any other method or payment permitted by law deemed to be an “at the market” offering as defined in Rule 415 under the Securities Act, including sales made directly on the Principal Market or sales made to or through a market maker or through an electronic communications network. Nothing in this Agreement shall be deemed to require either party to agree to the method of offer and sale specified in the preceding sentence, and the method of placement of any Shares by the Agent shall be at the Agent’s discretion. The parties acknowledge and agree that in effecting the “at the market” transactions under this Agreement, the Agent will make the sales on an agency basis and not take ownership of the shares sold or otherwise act on a principal basis.

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: v. Nicolau, 951 S.W.2d 444, 451 (Tex.1997). For an instruction to be proper, it must (1) assist the jury, (2) accurately state the law, and (3) find support in the pleadings and the evidence. Owens-Corning Fiberglas Corp. v. Martin, 942 S.W.2d 712, 721 (Tex.App. —Dallas 1997, no writ). As discussed in section H.B., TDPRS provided adequate evidence that it developed numerous service plans to help Kristin get K.M.B. returned. The trial court properly determined that TDPRS presented sufficient evidence to instruct the jury on constructive abandonment under section 161.001 of the family code. Tex. Fam.Code Ann. § 161.001(1)(N). The instruction assisted the jury in reaching its verdict and accurately tracked the language of the statute. See Tex. Dept. of Human Servs., 802 S.W.2d at 649 (<HOLDING>). Given the broad latitude that trial courts Options: A. holding that the court did not abuse its discretion by tracking the statutory language in the instruction B. holding that trial court did not abuse its discretion by granting such a temporary injunction C. holding that the district court did not abuse its discretion in its ruling whether to proceed with a declaratory judgment action D. holding that a district court did not abuse its discretion in refusing to give a mere inspection instruction in a firearm possession case E. holding trial court did not abuse its discretion by ruling based only on affidavits

assistant: The best answer is A. holding that the court did not abuse its discretion by tracking the statutory language in the instruction
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 intent rule. The Court went on to hold that “an absolute bar will be presumed to be the intent of the parties to a general release unless an ambiguity is shown to exist by extrinsic evidence.” Id at 779, 877 P.2d at 585. Ford relies extensively on the Court of Appeals’ analysis in Perea to support the trial court’s entry of summary judgment. Hansen replies that the district court’s decision is erroneous under Perea. Because the arguments in support of and against the Court of Appeals’ reasoning and conclusions have been fuHy briefed, we take this opportunity to review the Perea decisio , 903 & n. 3 (1992) (noting that rule that only specifically identified tortfeasors are released eliminates need to inquire into intent); Saranillio v. Silva, 78 Hawai'i 1, 889 P.2d 685, 700 (1995) (<HOLDING>); Alsup v. Firestone Tire & Rubber Co., 101 Options: A. holding that release discharges only persons named in or sufficiently described by terms of release B. holding that release discharges only those tortfeasors specifically named in the release agreement C. holding that inclusion of a general release was merely a suggestion of how to terminate the lawsuit and that acceptance was not qualified on use of the specific release and party was willing to discuss the terms of a release D. holding that a release of unknown claims has no effect in the absence of evidence apart from the words of the release E. holding that a release between two parties cannot bind a thirdparty who was a stranger to the release

assistant: The best answer is A. holding that release discharges only persons named in or sufficiently described by terms of release
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 500 U.S. 172 111 S.Ct. 2049 114 L.Ed.2d 232 FORD MOTOR CREDIT COMPANY, INC., appellant,v.DEPARTMENT OF REVENUE, STATE OF FLORIDA No. 88-1847 Supreme Court of the United States May 20, 1991 PER CURIAM. 1 The judgment of the District Court of Appeal of Florida, First District, is affirmed by an equally divided Court. 2 Justice O'CONNOR took no part in the decision of this case.

assistant: 8
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: There is no pending Proceeding against the Shareholder that involves the Shares or that challenges, or may have the effect of preventing, delaying or making illegal, or otherwise interfering with, any of the transactions contemplated by this Agreement and, to the knowledge of the Shareholder, no such Proceeding has been threatened, and no event or circumstance exists that is reasonably likely to give rise to or serve as a basis for the commencement of any such Proceeding.

assistant: Litigations
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, demands, requests, consents, approvals, and other communications required or permitted hereunder shall be in writing and, unless otherwise specified herein, shall be (i) personally served, (ii) deposited in the mail, registered or certified, return receipt requested, postage prepaid, (iii) delivered by reputable air courier service with charges prepaid, or (iv) transmitted by hand delivery or facsimile, addressed as set forth on the signature pages hereto or to such other address as such party shall have specified most recently by written notice. Any notice or other communication required or permitted to be given hereunder shall be deemed effective (a) upon hand delivery or delivery by facsimile, with accurate confirmation generated by the transmitting facsimile machine, at the address or number designated on the signature page hereto (if delivered on a business day during normal business hours where such notice is to be received), or the first business day following such delivery (if delivered other than on a business day during normal business hours where such notice is to be received) or (b) on the second business day following the date of mailing by express courier service, fully prepaid, addressed to such address, or upon actual receipt of such mailing, whichever shall first occur.

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 case excerpt and choose the best holding from the options. Case excerpt: Sch. Bd., 927 F.2d 146, 153 (4th Cir.), cert. denied, 502 U.S. 859, 112 S.Ct. 175,116 L.Ed.2d 138 (1991); White v. Ascension Parish Sch. Bd., 343 F.3d 373, 380 (5th Cir.2003) (school districts have disere tion on the location of special education services); see also AW v. Fairfax Cnty. Sch. Bd., 372 F.3d 674, 682 (4th Cir.2004) (finding no mandate that the student must be assigned to the closest school). School districts are permitted to centralize services and the preference for neighborhood schooling is one of many factors which the school district is entitled to consider. See Barnett, supra, 927 F.2d at 153. Further, the school district is not required to move a program or service to a child’s neighborhood school. See Kevin G. v. Cranston Sch. Comm., 130 F.3d 481, 482 (1st Cir.1997) (<HOLDING>), cert. denied, 524 U.S. 956, 118 S.Ct. 2377, Options: A. holding that a school district was not required to make dramatic changes to its program in order for a child to attend his neighborhood school B. holding that school district policy requiring that students obtain the review and approval of school officials prior to distributing any written material violated free speech rights of students C. holding the tlo standard governs school searches when school resource officers who although employed by the local police department are primarily responsible to the school district are acting in conjunction with school officials D. holding that a students private school tuition should be reimbursed where parent did not unilaterally place student in private school because the school district tacitly consented to the private school attendance before proposing a different placement E. holding that a school district was not required to move a nurse to a students neighborhood school to comply with the idea

assistant: The best answer is E. holding that a school district was not required to move a nurse to a students neighborhood school to comply with the idea
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: States Bureau of Prisons, 413 F.3d 1225, 1238 (10th Cir.2005); see also 28 U.S.C. § 1915A (directing district court to screen prisoner cases early and dismiss defective claims). Second, Mr. Tauer is correct that the administrative-exhaustion requirement is not jurisdictional; failure to exhaust does not divest this court of the power to (10th Cir.2005) (applying applicable state statute of limitations to § 1983 action); Kan. Stat. Ann. § 60-513(a)(3) & (4) (supplying two-year limitations for actions based on fraud or injury to the rights of another). Mr. Tauer maintains that as long as he filed his grievance within two years after his constitutional rights were denied, federal litigation is not foreclosed. This court has specifically rejected this position. Ross, 365 F.3d at 1186 (<HOLDING>). Mr. Tauer also challenges the regulation Options: A. holding cases are not authority for propositions not considered B. holding that consequential damages are not to be considered C. holding that an issue not presented to the trial court will not be considered on appeal D. holding timebarred grievance is not considered exhausted E. holding that where issues were not considered by the bia remand is appropriate

assistant: The best answer is D. holding timebarred grievance is not considered exhausted
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: arid mandatory right originating outside of the CBA. see e.g., Rabe v. United Air Lines, Inc., 636 F.3d 866, 873 (7th Cir.2011) (“A state law claim is preempted only when it asserts rights or obligations arising under a collective bargaining agreement or when its resolution is substantially dependent on the terms of the collective bargaining agreement.”); Detabali v. St. Luke’s Hospital, 482 F.3d 1199, 1203 (9th Cir.2007) (“[T]he need to interpret the [collective bargaining agreement] must inhere in the nature of the plaintiffs claim.. If the claim is plainly based on state law, § 301 preemption is not mandated simply because the defendant refers to the [collective bargaining agreement] in mounting a defense.”); Harper v. AutoAlliance Int’l, Inc., 392 F.3d 195, 209 (6th Cir.2004) (<HOLDING>); Trevino v. Ramos, et al., 197 F.3d 777, 781 Options: A. holding that plaintiffs state law claim against a nonsignatory to the cba was preempted by 301 B. holding that an employees retaliation claim was not preempted by section 301 because he was exercising his rights under the states antidiscrimination laws and the terms of the cba were at most relevant background for the employees termination C. holding that a company exercising substantial control of the terms and conditions of the work of the employees is an employer under the flsa D. holding that plaintiffs negligence claim was preempted by section 301 because employers duty to provide a safe workplace was expressly created by the cba E. holding that both plaintiffs discrimination and retaliation claims were beyond the preemptive scope of section 301 because they involved purely factual questions and asserted rights independent of the cba

assistant: The best answer is B. holding that an employees retaliation claim was not preempted by section 301 because he was exercising his rights under the states antidiscrimination laws and the terms of the cba were at most relevant background for the employees termination
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 execution, delivery and performance of this Amendment and the other documents executed in connection herewith and the transactions contemplated hereby and thereby do not require the approval or consent of any Person or the authorization, consent, approval of or any license or permit issued by, or any filing or registration with, or the giving of any notice to, any court, department, board, commission or other governmental agency or authority other than those already obtained and any disclosure filings with the SEC as may be required with respect to this Amendment.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: It was not until July 2, 2001, eleven months later still, that Baylor filed his motion for relief under 28 U.S.C. § 2255, arguing his conviction and his sentence were unconstitutional under Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435, which had been decided on June 26, 2000. In order to be timely, Bay 1998) (“the court’s equitable power to toll the statute of limitations will be exercised only in extraordinary and carefully circumscribed instances”). Counsel is under an obligation to check with reasonable frequency on the status of a pending case, a duty the discharge of which in Baylor’s case was never more than a phone call away, and which now may be discharged over the Internet as well. Cf. Fox v. American Airlines, Inc., 389 F.3d 1291, 1294 (D.C.Cir.2004) (<HOLDING>). Baylor’s petition for rehearing was filed on Options: A. holding that a claim filed after the last date fixed for the filing of claims was not a covered claim and noting that the requirement in the statute that claims be presented before the filing deadline evidences an intent on the part of the legislature to provide a cutoff date after which the association is no longer obligated to accept claims B. holding that ordinarily courts are not obligated to review evidence presented for the first time on appeal C. holding that the timely filing of an administrative charge of discrimination is a prerequisite to bringing suit D. holding that attorneys are obligated to monitor the courts docket and the failure to do so will not excuse the lack of a timely filing E. holding that the timely filing of a motion to reopen or reconsider with the bia does not toll the time period for seeking appellate court review and that the mere act of filing the motion does not render nonfinal the underlying bia decision

assistant: The best answer is D. holding that attorneys are obligated to monitor the courts docket and the failure to do so will not excuse the lack of a timely 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 legal provision and list the applicable contract clause categories. Provision: After giving effect to the consummation of the transactions contemplated by this Agreement and other Loan Documents, each Credit Party will be solvent, able to pay its indebtedness as it matures and will have capital sufficient to carry on its businesses and all business in which it is about to engage. This Agreement is being executed and delivered by the Borrower to Agent and the Lenders in good faith and in exchange for fair, equivalent consideration. The Credit Parties do not intend to nor does management of the Credit Parties believe the Credit Parties will incur debts beyond their ability to pay as they mature. The Credit Parties do not contemplate filing a petition in bankruptcy or for an arrangement or reorganization under the Bankruptcy Code or any similar law of any jurisdiction now or hereafter in effect relating to any Credit Party, nor do the Responsible Officers (or any one of them) of Borrower have any Knowledge of any threatened bankruptcy or insolvency proceedings against a Credit Party.

assistant: Solvency
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: request an issue. This rule applies, however, only where the defense has not been conclusively established. Texas Reserve Life Ins. Co. v. Security Title Co., 352 S.W.2d 347, 351 (Tex.Civ.App.-San Antonio 1961, writ ref’d n.r.e.); 3 McDonald Texas Civil Practice, § 12.36.2 at 433 (1970). In the instant case, the dates of the conveyances have been conclusively established. Moreover, the appellee’s pleadings conclusively demonstrate that he had full knowledge of the tortious act by April 26, 1974, when he instituted suit against O. C. Cooper. Based on these dates, which were undisputed and conclusively established, there was no material issue of fact to be submitted to the jury for determination. See Neuhaus v. Kain, 557 S.W.2d 125 (Tex. Civ.App.-Corpus Christi 1977, writ ref’d n.r.e.) (<HOLDING>). Under these circumstances, the question was Options: A. holding that under ohio law fraud claim failed because there was no evidence of reliance B. holding that defense of fraud was waived where no special issue was submitted and there was disputed evidence C. holding that where an objection was made and trial courts ruling was treated as conclusive by state and defense counsel there was no need for further objections when evidence was presented to jury D. holding that the disputed issue with respect to the state law bar was properly submitted to the jury E. holding that counsel was ineffective for failing to assert an entrapment defense that was legally available and where there was no other viable defense to present

assistant: The best answer is B. holding that defense of fraud was waived where no special issue was submitted and there was disputed evidence
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 stay a person’s release and trigger a hearing on civil commitment, the IDRA requires only that the warden certify that “suitable arrangements for State custody and care of the person are not available.” The warden here certified as follows: “[W]e believe that suitable arrangements for state custody and care over inmate Wigren are not currently available.” The certificate was sufficient on its face, and facial sufficiency is all the statute requires. Cf. United States v. Belknap, 26 Fed.Appx. 600, 601 (8th Cir.2002) (per curiam). The IDRA does not provide for judicial review of the certification, or establish standards by which a court could determine whether “suitable arrangements for State custody” are available. Cf. United States v. Vanci er, 515 F.2d 1378, 1380-81 (2d Cir.1975) (<HOLDING>). Wigren also contends that the district court Options: A. holding that post conviction hearing act is not available to juvenile proceeding since the child is not convicted of a crime B. holding that court leave under 6322 is not available to a federal employee summoned to appear in juvenile court in her capacity as the juveniles parent as a party to the proceedings C. holding that there was adequate opportunity when state court judicial review of an administrative proceeding was available D. holding that judicial review is not available of the governments certification under 18 usc 5032 as required to initiate a juvenile delinquency proceeding that inter alia an appropriate court of a state does not have available programs and services adequate for the needs of juveniles E. holding juvenile court under statutes then in effect could not acquire jurisdiction in delinquency proceeding in the absence of a delinquency petition filed by the probation officer under an order of the court authorizing the same

assistant: The best answer is D. holding that judicial review is not available of the governments certification under 18 usc 5032 as required to initiate a juvenile delinquency proceeding that inter alia an appropriate court of a state does not have available programs and services adequate for the needs of juveniles
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: owned the property in question. Mary Leek, “a corporate officer of Coun-trymark, LLP” was seated at the defense table during the trial. Transcript at 16-17. We conclude that the issue of the property’s ownership was raised at the trial by Countrymark and was tried by implied consent. Countrymark, LLP, presented no argument that it was prejudiced in maintaining a defense upon the merits, and the trial court’s amendment to conform to the evidence subserves the presentation of the merits of the action. Consequently, we conclude that the trial court did not abuse its discretion by amending the pleadings to conform to the evidence that Countrymark, LLP, rather than Country-mark, Inc. owned the property in question. See, e.g., AB.C. Home & Real Estate Inspection, 500 N.E.2d at 1260-1261 (<HOLDING>). Moreover, we note that Countrymark, LLP, does Options: A. holding that the trial court properly added a party defendant to conform to the evidence presented at the trial B. holding that a party may not raise a claim on appeal that was not presented to the trial court C. holding that disposition order be remanded to the trial court for revision to conform to the trial courts oral pronouncement D. holding that the trial courts oral pronouncement must conform to the written judgment E. holding that we cannot properly receive and consider evidence that was not presented to and considered by the trial court

assistant: The best answer is A. holding that the trial court properly added a party defendant to conform to the evidence presented at the trial
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 described in Section 16.3 of the Plan, the Company shall have the right to deduct or withhold, or to require the Optionee to remit to the Company, the minimum amount necessary to satisfy any federal, state or local taxes (including the Optionee’s FICA obligation) as are required by law to be withheld with respect to the Options granted pursuant this Agreement.

assistant: Withholdings