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: of his case, but simply assumed “inexplicably” that his attorney’s failure to respond to his inquiries meant that the attorney “was working on his case.” Id. at 817. The court contrasted that conduct with another prisoner’s attempts to contact the court to determine if his attorney had filed his § 2255 Motion, which the court described as “an action that certainly would fall under ‘reasonable diligence’ in th[at] case.” Id. (citing Anjulo-Lopez, 541 F.3d at 819). The court noted that, even after learning of his deadline, the prisoner in Muhammad did not file his § 2255 Motion “immediately” and that the time for filing expired in the interim between his learning of the deadline and his submission of the motion. Id.; see also Deroo v. United States, 709 F.3d 1242, 1246 (8th Cir.2013) (<HOLDING>); AnjuloLopez, 541 F.3d at 818-19 (finding that Options: A. holding that a petitioner must act with due diligence when pursuing an ineffective assistance of counsel claim to benefit from equitable tolling of deadlines B. holding that the defendant failed to demonstrate legitimate expectation of privacy where he could not show that he had the owners permission to use the car or demonstrate prior use or control of the car C. holding that in order to warrant equitable tolling alien claiming ineffective assistance of counsel must demonstrate due diligence in pursuing the case during the period the alien seeks to toll internal quotation marks omitted D. holding that a grant of equitable relief requires diligence by the claimant E. holding that a prisoner had failed to demonstrate diligence for purposes of equitable tolling for the same reason that he had failed to show diligence to invoke the statute of limitations under 2255f4 where he had waited several years before pursuing expungement of his disciplinary actions

assistant: The best answer is E. holding that a prisoner had failed to demonstrate diligence for purposes of equitable tolling for the same reason that he had failed to show diligence to invoke the statute of limitations under 2255f4 where he had waited several years before pursuing expungement of his disciplinary actions
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Article, Section, paragraph or clause references not attributed to a particular document shall be references to such parts of this Agreement, and all exhibit, annex and schedule references not attributed to a particular document shall be references to such exhibits, annexes and schedules to this Agreement. All references to instruments, documents, contracts, and agreements are references to such instruments, documents, contracts, and agreements as the same may be amended, supplemented, and otherwise modified from time to time. The word “ or ” is not exclusive unless the context clearly requires otherwise. The words “ including ,” “ includes ,” “ included ” and “ include ” are deemed to be followed by the words “ without limitation .” Definitions in this Agreement apply equally to both the singular and plural forms of the defined terms. References to the masculine gender include the feminine gender. The section, paragraph, clause and article headings contained in this Agreement are inserted for convenience of reference only and will not affect the meaning or interpretation of this Agreement. The terms “ herein ,” “ hereof ” and “ hereunder ” and other words of similar import refer to this Agreement as a whole and not to any particular article, section, paragraph or subdivision.

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 case excerpt and choose the best holding from the options. Case excerpt: do not extend to suits for injunctive relief under Section 1983. However, injunctions are an extraordinary remedy, to be granted only when a party is threatened with injury for which he cannot obtain a sufficient legal remedy. As explained at great length above, plaintiffs constitutional challenges to Chapter 14 of the Texas Civil Practice and Remedies Code are wholly without merit. It is undisputed that plaintiffs submissions to the defendant in July and August, 1996 faded to comply with the statutory prerequisites to prisoner In Forma Pauperis filings in the Texas courts. Pl Chapter 14 specifically excludes actions brought under the Texas Family Code. See Section 14.002(b), Texas Civil Practice' and Remedies Code Annotated (Vernon Supp.1997h 77 . See Ayo v. Bathey, 106 F.3d at 100, (<HOLDING>); Strickland v. Rankin County Correctional Options: A. holding that the plras three strikes provision applied to an appeal pending prior to the effective date of the plra and authorized denial of in forma pauperis status based on lawsuits and appeals dismissed as frivolous prior to the effective date of the plra B. holding that dismissal of a complaint pursuant to former 1915d now 1915e is not appropriate where a plaintiff has made a partial payment of filing fees and that in such cases the court must treat the complaint in the same manner as one for which in forma pauperis status has not been granted C. holding that the financial responsibility provisions of the plra require a prisoner seeking leave to proceed in forma pauperis to file an affidavit listing his assets and to submit a certified copy of his inmate trust fund account statement or an institutional equivalent reflecting the sixmonth period immediately preceding the filing of the complaint even with regard to a case in which in forma pauperis status was granted prior to the effective date of the plra ie april 26 1996 D. holding that a motion to proceed in forma pauperis is dispositive because it is the functional equivalent of an involuntary dismissal E. holding with respect to another part of the plra that the court must determine the prisoners status on the date the suit or appeal is brought rather than at some other time

assistant: The best answer is C. holding that the financial responsibility provisions of the plra require a prisoner seeking leave to proceed in forma pauperis to file an affidavit listing his assets and to submit a certified copy of his inmate trust fund account statement or an institutional equivalent reflecting the sixmonth period immediately preceding the filing of the complaint even with regard to a case in which in forma pauperis status was granted prior to the effective date of the plra ie april 26 1996
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: a connection of logical relationship rather than immediateness.” United States v. Carmichael, 685 F.2d 903, 910 (4th Cir.1982). In Carmichael, the two defendants were charged together with conspiracy to buy votes in a federal election and with obstruction of justice for separately urging witnesses before a federal grand jury to give false testimony. Id. at 905-06. The Fourth Circuit affirmed, holding that it was proper under Rule 8 to jointly try the defendants because the obstruction charges arose out of their efforts to conceal their vote buying conduct. Id. at 910. Other courts have specifically held that perjury may be part of the same series of acts or transaction “as the underlying conduct which was misrepresented.” United States v. Curry, 977 F.2d 1042, 1050 (7th Cir.1992) (<HOLDING>) (citing cases). It is clear that the perjury Options: A. holding that defendants charged with conspiracy to grow marijuana could be tried with defendant who attempted to cover up scheme by false testimony before grand jury nearly four years after conspiracy ended B. holding that defendant charged with conspiracy to manufacture marijuana and possessing marijuana with intent to distribute was not entitled to specific buyerseller instruction even though support for such instruction existed because court gave a complete instruction reciting all the elements of conspiracy C. holding that the notion of enterprise conspiracy has largely rendered the old distinction between single conspiracy and multiple conspiracy irrelevant to rico conspiracy charges D. holding that because it is axiomatic that the defendants could have been prosecuted for conspiracy without ever having committed a substantive crime they could be charged with felony conspiracy and misdemeanors E. 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

assistant: The best answer is A. holding that defendants charged with conspiracy to grow marijuana could be tried with defendant who attempted to cover up scheme by false testimony before grand jury nearly four years after conspiracy ended
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: If any provision of this Agreement is held to be illegal, invalid or unenforceable under any present or future law, (a) such provision shall be fully severable, (b) this Agreement shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part hereof, and (c) the remaining provisions of this Agreement shall remain in full force and effect and shall not be affected by the illegal, invalid or unenforceable provision or by its severance herefrom.

assistant: Severability
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 to be governed by, and construed and enforced in accordance with, the laws of the State of Ohio, without regard to its rules of conflict of laws that would require the application of laws other than those of the State of Ohio.

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

user: You and your representatives will keep the Evaluation Materials completely confidential; provided, however, that (i) such information may only be disclosed to those of your directors, officers, employees, affiliates, agents, representatives (including attorneys, accountants and financial advisors), and lenders (collectively, “your representatives”) who need to know such information for the purpose of evaluating a Possible Transaction between you and the Company (it being understood that your representatives shall be informed by you of the confidential nature of such information and shall be directed by you, and shall each expressly agree (in writing, if requested by the Company or its advisors), to treat such information confidential in accordance with the agreement) and

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 legal provision and list the applicable contract clause categories. Provision: During the Employment Term, the Executive shall serve as the President of Nomac Drilling LLC, reporting to the COO of the Company or, if none, the CEO of the Company. In such position, the Executive shall have such duties, authority and responsibility as shall be determined from time to time by the COO of the Company or, if none, the CEO of the Company, which duties, authority and responsibility are consistent with the Executive’s position. The Executive shall, if requested, also serve as a member of the Company’s Board of Directors (the “ Board ”) or as an officer or director of any affiliate of the Company and shall provide services to affiliates of the Company consistent with his position and duties, in each case for no additional compensation.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Amendment shall be construed in accordance with and governed by the laws of the State of New York. Each Borrower hereby submits to the exclusive jurisdiction of any United States federal or New York State court sitting in the City of New York in any action or proceeding arising out of or relating to this Amendment and each Borrower hereby irrevocably agrees that all claims in respect of such action or proceeding may be heard and determined in any such court and irrevocably waives any objection it may now or hereafter have as to the venue of such suit, action or proceeding brought in such a court or that such court is an inconvenient forum.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Borrower shall make, and cause each of its Subsidiaries to make, due and timely payment or deposit of all material federal, state, and local taxes, assessments, or contributions required of it by law, including, but not limited to, those laws concerning income taxes, F.I.C.A., F.U.T.A. and state disability, and will execute and deliver to Lender, on demand, proof satisfactory to Lender indicating that the Borrower or a Subsidiary of the Borrower has made such payments or deposits and any appropriate certificates attesting to the payment or deposit thereof; provided that the Borrower or a Subsidiary of the Borrower need not make any payment if the amount or validity of such payment is contested in good faith by appropriate proceedings and is reserved against (to the extent required by GAAP) by the Borrower or its Subsidiary, as applicable.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Paul Court Neighborhood Ass’n v. Paster, 437 N.W.2d 52, 56 (Minn.1989); Tuma v. Commissioner of Economic Sec., 386 N.W.2d 702, 706 (Minn.1986) (citing Beck v. City of St. Paul, 304 Minn. 438, 445, 231 N.W.2d 919, 923 (1975)); Arcadia Dev. Corp. v. County of Hennepin, 528 N.W.2d 857, 860 (Minn.1995), reh’g denied (Minn. Apr. 12, 1995). Commonwealth does not contend that subdivision 2 is susceptible to more than one interpretation. Instead, Commonwealth contends subdivision 2 “is ambiguous because it provides absolutely no guidance to trial courts in determining when compensatory damages must be multiplied.” This court, in a slightly different context, has said that failure of expression does not give rise to ambiguity. See State v. Moseng, 254 Minn. 263, 269, 95 N.W.2d 6, 11-12 (1959) (<HOLDING>); see also State v. Wetsch, 511 N.W.2d 490, 492 Options: A. holding that for purposes of statutory construction expression of one thing is the exclusion of the other B. holding that school officials may not limit the first amendment rights of students and teachers to freedom of speech and expression C. holding that the us supreme courts interpretation of 18 usc 924c in an earlier case was not an expression of a new rule because the court merely interpreted a substantive criminal statute using rules of statutory construction D. holding where failure of expression rather than ambiguity of expression concerning the elements of the statutory standard is the vice of the enactment courts are not free to substitute amendment for construction and thereby supply the omissions of the legislature E. holding that matters of statutory construction are questions of law for the court to decide rather than issues of fact

assistant: The best answer is D. holding where failure of expression rather than ambiguity of expression concerning the elements of the statutory standard is the vice of the enactment courts are not free to substitute amendment for construction and thereby supply the omissions of the legislature
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: Digital Technologies Corp., 306 B.R. 505, 509 (Bankr.D.Del.2004) ("In fact an overwhelming majority of courts have concluded that liability insurance policies fall within § 541(a)(l)’s definition of estate property.”) (internal quotations omitted) (citing In re Matter of Vitek, Inc., 51 F.3d 530, 533 (5th Cir.1995)). 30 . In re Allied Digital, 306 B.R. at 509; see In re SN Liquidation, 388 B.R. at 584 ("Who owns the proceeds of an insurance policy presents a more complicated issue and requires a more careful analysis.”); In re CyberMedica, Inc., 280 B.R. 12, 16 (Bankr.D.Mass.2002) (observing that "courts are in disagreement on whether or not insurance proceeds are property of the estate.”) (emphasis in original); e.g., In re Adelphia Communications Corp., 298 B.R. 49 (S.D.N.Y.2003) (<HOLDING>); In re First Central Financial Corp., 238 B.R. Options: A. holding that where the policy names only the directors or officers as insured the proceeds are not property of the estate B. holding the real estate sale proceeds C. holding directors and officers liability policy was not property of the estate because it did not increase or decrease the worth of the bankruptcy estate D. holding that because proceeds of a letter of credit were not secured by estate collateral the proceeds were not property of the estate E. holding that the proceeds of a liability insurance policy were not property of the estate

assistant: The best answer is E. holding that the proceeds of a liability insurance policy were not property of the estate
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: knowingly and voluntarily waived his right to counsel. The case was based upon the sixth amendment right to assistance of counsel prior to being convicted and punished by imprisonment. -In Indiana, it is also a requirement that a defendant be found to have knowingly, intelligently, and voluntarily waived his right to assistance of counsel prior to proceeding pro se in a criminal trial See Dowell v. State (1990), Ind.App., 557 N.E.2d 1063. Post-conviction relief is not generally regarded as a criminal proceeding, however. Baum v. State (1989), Ind., 533 N.E.2d 1200. Our supreme court has stated: "The right to counsel in post-conviction proceedings is guaranteed by neither the Sixth Amendment of the United States Constitution nor art. 1, § 18 of the Constitution of Indiana." Id. at 1201 (<HOLDING>). See also Medlock v. State (1989), Ind.App., Options: A. holding that ineffectiveness of postconviction counsel could establish cause to reopen judgment but ineffectiveness of postconviction appellate counsel could not B. holding that a ground for relief not pled in a motion for postconviction relief is waived and cannot be raised on appeal C. holding that misadvice of counsel as to the length of a sentence is a basis for postconviction relief if not refuted by the record D. holding statute of limitations for filing petition for postconviction relief not tolled by general savings statute tolling limited to reasons enumerated in state postconviction relief act E. holding the constitutional standards for judging the performance of counsel need not be employed at the postconviction relief level

assistant: The best answer is E. holding the constitutional standards for judging the performance of counsel need not be employed at the postconviction relief level
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.2005). Gloria and Terry do not defend their actions on the basis that they were responding to an emergency, with no time to reflect, but on the basis that even if their conduct fell short of regulatory requirements, it did not come close to shocking the conscience. Plaintiffs’ evidence did not show the defendants acted even with deliberate indifference. Though other circuits have varied in their formulations of when “deliberate indifference” rises to conscience-shocking conduct in the foster care context, state officials must have been at least aware of known or likely injuries or abuse and have chosen to ignore the danger to the child. See Nicini v. Morra, 212 F.3d 798, 810 (3d Cir.2000) (listing cases); see also Waubanascum v. Shawano County, 416 F.3d 658, 666-67 (7th Cir.2005) (<HOLDING>). Even when the evidence is viewed in the light Options: A. holding that a state had no affirmative duty to a child placed voluntarily by his parents into foster care since he was in the custody of his foster parents who were not state actors rather than in the states custody B. holding that a child has a 1983 action against the state while in foster care where the state is deliberately indifferent to the likelihood that a foster home is unsafe yet places the child there or allows the child to remain there C. holding foster parents not liable for willful act of their foster child D. holding that plaintiffs must present evidence that the state actor knows or suspects that the foster parents with whom a child is placed are likely to abuse the child to show deliberate indifference E. holding that in order to support a termination of parental rights based on prospective abuse it is necessary to show that the behavior of the parent was beyond the parents control likely to continue and placed the child at risk and citing as an example the parents mental illness

assistant: The best answer is D. holding that plaintiffs must present evidence that the state actor knows or suspects that the foster parents with whom a child is placed are likely to abuse the child to show deliberate indifference
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 Parent Borrower will not, and will not permit any of its Subsidiaries to, directly or indirectly enter into any agreement or arrangement providing for the sale or transfer by it of any property (now owned or hereafter acquired) to a Person and the subsequent lease or rental of such property or other similar property from such Person, except for agreements and arrangements with respect to property (a) the fair market value (as determined in good faith by the chief financial officer of the Parent Borrower) of which does not exceed the greater of (x) $150,000,000 and 4.0% Total Tangible Assets in the aggregate following the Closing Date or (b) the term of which is less than one year; provided that, in each case, the Net Disposition Proceeds of such agreements and arrangements are applied pursuant to Sections 3.1.1 and 3.1.2 .

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: order transaction” requires the sales transaction to be for consumer goods “not carried by the seller, either in the seller’s showroom or warehouse,” and “ordered from a manufacturer or supplier.” § 14 — 1101(k)(l)(ii), (iii). Accordingly, while the Legislature’s use of the term “includes” in subsection (g)(2) may appear to introduce “special order transaction” as an illustration of a “layaway agreement,” the mutual exclusivity of the respective elements when read in conjunction with each other, introduces an element of ambiguity that requires judicial interpretation of the term “includes” as it is used in subsection (g)(2). Admittedly, the term “includes,” by itself, is not free from ambiguity. See Housing Auth. of Balt. City v. Bennett, 359 Md. 356, 371, 754 A.2d 367, 375 (2000) (<HOLDING>). “Includes” has various shades of meaning, and Options: A. holding exclusion was not ambiguous B. recognizing that the term including is somewhat ambiguous C. holding that parol evidence is admissible to resolve a contractual term that is ambiguous D. holding that when a term is not defined in a contract the presumption is that the term is to be given its ordinary meaning and significance E. holding that contract terms were ambiguous where the specific term that appellant argued should control a more general term was itself susceptible of two reasonable interpretations

assistant: The best answer is B. recognizing that the term including is somewhat ambiguous
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Any Funding Notice or Letter of Credit Application shall be executed by an Authorized Officer in a writing delivered to the Applicable Agent. In lieu of delivering a Funding Notice, the Applicable Lead Borrower may give the Applicable Agent telephonic notice by the required time of any proposed borrowing or conversion or continuation of any Advance; provided each such notice shall be promptly confirmed in writing by delivery of the applicable Funding Notice to the Applicable Agent on or before the applicable date of any such borrowing, conversion, continuation or issuance. Neither any Agent nor any Lender shall incur any liability to any Borrower in acting upon any telephonic notice referred to above that the Applicable Agent believes in good faith to have been given by an Authorized Officer of the Lead Borrower or European Lead Borrower or other person authorized on behalf of any Borrower or for otherwise acting in good faith.

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: by corporation and thus was a “participant” in ERISA plan), with Agrawal v. Paul Revere Life Ins. Co., 205 F.3d 297 (6th Cir.2000) (following earlier case law that sole shareholder/surgeon is neither a participant nor beneficiary and has no standing to sue under ERISA); Fugarino v. Hartford Life & Acc. Ins. Co., 969 F.2d 178 (6th Cir.1992) (finding the health cov erage of sole proprietor of a restaurant and his dependents not subject to ERISA, although coverage for other employees under the same group health plan was); Kwatcher v. Mass. Serv. Employees Pension Fund, 879 F.2d 957 (1st Cir.1989) (sole shareholder was “employer,” not “employee” of corporation and was thus barred from collecting a pension under the corporation’s benefit plan); Giardono v. Jones, 867 F.2d 409 (7th Cir.1989) (<HOLDING>); Peck-ham v. Bd. of Trustees of Int’l Bhd. of Options: A. holding that plan administrator of an erisa health plan did not have to anticipate the confusion of a plan participant B. holding that erisas definition of employer does not include persons other than signatory employers C. holding the employer breached the duty owed to its employee by erroneously advising the employee he would continue to have coverage for 30 days following his termination of employment under the employers group policy D. holding that a plan participant may have article iii standing to obtain injunctive relief related to erisas disclosure and fiduciary duty requirements without a showing of individual harm to the participant E. holding that erisas definition of participant does not include a former employee who became an employer and was allowed to continue purchasing plan coverage

assistant: The best answer is E. holding that erisas definition of participant does not include a former employee who became an employer and was allowed to continue purchasing plan coverage
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: further , you and linden lab agree to submit to the exclusive personal jurisdiction and venue of the courts located in the city and county of san francisco , california , except as provided in section 10 regarding arbitration .

assistant: 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: weighs in favor of Horton. 2. Reasons for the Delay ¶23. The Mississippi Supreme Court has held that once the delay is found to be presumptively prejudicial, “the burden shifts to the prosecutor to produce evidence justifying the delay and to persuade the trier of fact of the legitimacy of the reasons.” State v. Ferguson, 576 So.2d 1252, 1254 (Miss.1991). The State has shown and the lower court found that the overwhelming majority of the delay in this case was caused by Horton and his co-defendant Berry. After thirteen months as co-indictees, Horton made a motion for severance. Until then, the ease was delayed because of two continuances proposed by Berry, the withdrawal of attorneys for Berry, and bumped because of a congested docket. Taylor v. State, 672 So.2d 1246, 1259 (Miss.1996)(<HOLDING>); see also Herring, 691 So.2d at 953 (holding Options: A. holding that change of defense attorneys is beyond control of state and therefore any resulting delay is charged against defendant B. holding that the state could not under any circumstances be charged for the delay during the period the defendant was held after his arrest for and until his conviction on felony charges in another jurisdiction C. holding that the delay is presumptively prejudicial does not necessarily mean the first factor weighs against the state but requires further consideration of the extent of the delay beyond this period D. holding a suit against an agency of the state is a suit against the state E. holding that when determining whether a delay in prosecution violates a defendants right to a speedy trial courts must consider the length of the delay the reason for the delay whether the defendant asserted his rights and the resulting prejudice to the defendant

assistant: The best answer is A. holding that change of defense attorneys is beyond control of state and therefore any resulting delay is charged against defendant
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: (quoting Am. Pelagic Fishing Co. v. United States, 379 F.3d at 1372). To the extent plaintiff alleges that a violation of due pr Federal Claims has never been granted general authority to issue declaratory judgments, and to hold that the Court of Federal Claims may issue a declaratory judgme Act that did not involve a pre-award protest, once the Court of Federal Claims determined that it did not have jurisdiction to hear a plaintiffs claims for money damages, it necessarily followed that the court did not have authority to hear that plaintiffs claims for injunctive relief. See Kanemoto v. Reno, 41 F.3d 641, 645 (Fed.Cir.1994); see also Taylor v. United S tates, 88 Fed.Cl. 759, 762. appeal dismissed, 375 Fed.Appx. 4 (Fed.Cir.2009); Hufford v. United States, 87 Fed.Cl. 696, 702 (2009) (<HOLDING>); Matthews v. United States, 72 Fed.Cl. 274, Options: A. holding that claims arising under the sixth amendment fall outside the jurisdiction of the court of federal claims B. holding that because it fell within the exclusive jurisdiction of the united states court of international trade the united states court of federal claims lacked jurisdiction over a matter that was protested or protestable C. holding that the federal district courts dismissal of the plaintiffs federal claims deprived the court of its jurisdiction over the remaining state law claims arising from the same incident D. holding that the united states court of federal claims lacked jurisdiction over claims arising from the violation of a criminal statute E. holding that the united states court of federal claims lacks jurisdiction over claims sounding in tort including fraud

assistant: The best answer is D. holding that the united states court of federal claims lacked jurisdiction over claims arising from the violation of a criminal statute
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 documents referred to in it) are made for the benefit of the parties and their successors and permitted assigns, and the rights and obligations of the parties under this Agreement shall continue for the benefit of, and shall be binding on, their respective successors and permitted assigns.

assistant: Successors
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) On the Closing Date, the Borrower will use all of the proceeds of the Term Loans A-2 and up to $175,000,000 of proceeds of Revolving Loans to (i) finance the Closing Date Acquisition and (ii) pay a portion of the transaction costs and expenses arising in connection with the Related Transaction Documents. After the Closing Date, the proceeds of all Revolving Loans shall be utilized for working capital needs and other general corporate purposes of Holdings and its Subsidiaries.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Any notice required or permitted hereunder shall be given (a) with respect to the Company or any other Grantor, at the address for the giving of notice to the Company then in effect under the Credit Agreement, and (b) with respect to the Administrative Agent or a Lender, at the Administrative Agent’s address indicated in Schedule 10.02 of the Credit Agreement. All such addresses may be modified, and all such notices shall be given and shall be effective, as provided in Schedule 10.02 of the Credit Agreement for the giving and effectiveness of notices and modifications of addresses thereunder.

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: symbolism is located] and are directly affronted by the presence of [this symbolism]” certainly “have more than an abstract interest in seeing that [the government] observes the Constitution.” Saladin, 812 F.2d at 693. Thus, where there is a personal connection between the plaintiff and the challenged display in his or her home community, standing is more likely to lie. The spiritual affront of unwelcome contact with religious symbolism may also be compounded when the display that causes this distress is located within a public facility. Religious displays in public buildings may seem more in the nature of endorsements and may potentially impair the use of the affected facilities by individuals who harbor strong objections to a religious message. See Washegesic, 33 F.3d at 682 (<HOLDING>); Hawley v. City of Cleveland, 773 F.2d 736, Options: A. recognizing that picture of jesus christ in public school impaired use of school by students and visitors B. holding that a school district was not required to move a nurse to a students neighborhood school to comply with the idea C. 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 D. holding that a school district was not liable for sexual molestation of plaintiffs daughter by a teacher even though the acts occurred on school property and during school hours E. 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

assistant: The best answer is A. recognizing that picture of jesus christ in public school impaired use of school by students and visitors
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: as "extreme” any argument (not made by the government in that case) that the federal statute proscribed firearms possession by “even a person whose predicate conviction in the interim had been finally reversed on appeal and thus no longer was outstanding.” 445 U.S. at 61 n. 5, 100 S.Ct. at 918 n. 5; see also Dickerson v. New Banner Inst., Inc., 460 U.S. 103, 115, 103 S.Ct. 986, 993, 74 L.Ed.2d 845 (1983); State v. Gomez, 212 Ariz. 55, ¶ 16, 127 P.3d 873, 876 (2006). In other words, the prohibited possessor charge in Lewis presumably would not have stood had the underlying, predicate conviction been reversed or vacated before the defendant committed the weapons offense. That, however, is not the situation presented in this case. 7 . See People v. Quintana, 707 P.2d 355, 360 (Colo.1985) (<HOLDING>); State v. Portsche, 258 Neb. 926, 606 N.W.2d Options: A. holding district court lacked discretion to permit defendant to stipulate to prior conviction in prosecution for being a felon in possession of a firearm B. holding that prior indiana felony was conviction for purposes of defendants 922g1 prosecution and noting that although state law determines whether there is a predicate statelaw conviction once the conviction is established federal law dictates that the convicted felon may not possess any firearm C. holding that a prior nonarizona conviction to be used as a prior felony conviction under the statute must both be for an offense that would constitute a felony in arizona and be classified as a felony in the other jurisdiction D. 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 E. holding that a prior conviction obtained in violation of a defendants constitutional rights cannot be used as the underlying conviction in a prosecution under colorados felon with a gun statute

assistant: The best answer is E. holding that a prior conviction obtained in violation of a defendants constitutional rights cannot be used as the underlying conviction in a prosecution under colorados felon with a gun statute
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 action, suit, inquiry, notice of violation, proceeding or investigation pending or, to the knowledge of the Company, threatened against or affecting the Company, any Subsidiary or any of their respective properties before or by any court, arbitrator, governmental or administrative agency or regulatory authority (federal, state, county, local or foreign) (collectively, an “ Action ”) which (i) adversely affects or challenges the legality, validity or enforceability of any of the Transaction Documents or the Securities or (ii) could, if there were an unfavorable decision, have or reasonably be expected to result in a Material Adverse Effect. Neither the Company nor any Subsidiary, nor any director or officer thereof, is or has been the subject of any Action involving a claim of violation of or liability under federal or state securities laws or a claim of breach of fiduciary duty within the last fifteen years. There has not been, and to the knowledge of the Company, there is not pending or contemplated, any investigation by the Commission involving the Company or any current or former director or officer of the Company. The Commission has not issued any stop order or other order suspending the effectiveness of any registration statement filed by the Company or any Subsidiary under the Exchange Act or the Securities Act.

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 Plan shall become effective upon the earlier to occur of its adoption by the Board or its approval by the stockholders of the Company. It shall continue in effect for a term of ten (10) years unless sooner terminated. Subject to Section 17, below, and Applicable Laws, Awards may be granted under the Plan upon its becoming effective.

assistant: Effective Dates
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.App.2000). As the court explained in Bohls v. Oakes, “[p]laintiffs establish their standing as consumers by their relationship to the transaction, not by a contractual relationship with the defendant.” Bohls v. Oakes, 75 S.W.3d 473, 479 (Tex.App.2002) (citing Kennedy v. Sale, 689 S.W.2d 890, 892-93 (Tex.1985)). “A third party beneficiary may qualify as a consumer of goods or services, as long as the transaction was specifically required by or intended to benefit the third party and the good or service was rendered to benefit the third party.” Bohls, 75 S.W.3d at 479; see also Bynum v. Prudential Residential Servs., L.P., 129 S.W.3d 781, 793 (Tex.App.2004) (acknowledging that third-party beneficiaries of a contract have standing to sue under the DTPA); Kennedy, 689 S.W.2d at 892-93 (<HOLDING>); Wellborn v. Sears, Roebuck & Co., 970 F.2d Options: A. holding claims for negligent procurement of insurance accrued on date the insured purchased the insurance policies B. holding employee could proceed against employer in action for fraudulent misrepresentation where employees complaint alleged inter alia employee was regularly exposed to lead fumes and dust at place of employment employer tested employees blood to monitor lead levels employer willfully and intentionally withheld employees test results which showed employee had developed leadrelated diseases and employer subsequently altered those results to induce employee to continue working for employer employee further alleged employers concealment of employees condition prevented employee from reducing his exposure to lead and obstructed him from receiving appropriate medical treatment and that delay in treatment resulted in aggravation of employees injury C. holding that employee was consumer of medical insurance purchased by employer for employees benefit D. holding that a plaintiff who purchased a crane for business use is a consumer E. holding injured employee who asked his employer for medical assistance and employer refused and employee then went to physician of his own choice employee could recover medical benefits

assistant: The best answer is C. holding that employee was consumer of medical insurance purchased by employer for employees benefit
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: concurrence's third case addressed whether a party lacked a justiciable interest in the relief sought and thus lacked constitutional standing, a separate issue I address in footnote 6 below. See In re John G. & Marie Stella Kenedy Mem’l Found., 315 S.W.3d 519, 522-23 (Tex.2010) (citing DaimlerChrysler Corp. v. Inman, 252 S.W.3d 299, 304 (Tex.2008) (discussing constitutional standing)). And the concurrence’s fourth case is consistent with Kazi: although it held that a step-grandfather lacked standing under the Family Code to sue for access to a child, the court did not characterize his failure to meet the statutory prerequisites as a jurisdictional defect. See In re Derzapf, 219 S.W.3d 327, 331-33 (Tex.2007) (orig. proceeding). Further, un .App.-Houston [1st Dist.] 2004, pet. denied) (<HOLDING>). 6 . I note that neither defendants nor my Options: A. holding that district court had subjectmatter jurisdiction and yet that judgment void for lack of jurisdiction to render the particular judgment B. holding that standing is component of subjectmatter jurisdiction and subjectmatter jurisdiction is essential to courts authority to hear case C. holding that party may not appeal summary judgment in favor of opponent when grounds opposing summary judgment asserted on appeal were not raised before trial court D. holding that when the district court improperly purported to transfer to the circuit court an action over which the circuit court lacked subjectmatter jurisdiction the circuit court was without jurisdiction to enter its judgment which was void and dismissing the appeal from that void judgment E. holding that voidness of summary judgment in defamation case could be asserted for first time on appeal only if trial court lacked subjectmatter jurisdiction to render judgment and concluding court had jurisdiction

assistant: The best answer is E. holding that voidness of summary judgment in defamation case could be asserted for first time on appeal only if trial court lacked subjectmatter jurisdiction to render judgment and concluding court had 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 legal provision and list the applicable contract clause categories. Provision: Provided that the Participant is actively employed by the Company and/or one of its Subsidiaries or Affiliates on each such vesting date and except as otherwise provided in this Section 3, RSUs subject to this grant shall vest as follows: 25% on [Insert Date], 25% on [Insert Date] and 50% on [Insert Date].

assistant: General