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: As of the July 2017 Amendment Effective Date, Schedule 4.01(o) to the Disclosure Letter sets forth each of the Subsidiaries of each Loan Party, its jurisdiction of organization, the classes of its Equity Securities, the number of Equity Securities of each such class issued and outstanding, the percentages of Equity Securities of each such class owned directly or indirectly by each Loan Party and whether such Loan Party owns such Equity Securities directly or, if not, the Subsidiary of such Loan Party that owns such Equity Securities and the number of Equity Securities and percentages of Equity Securities of each such class owned directly or indirectly by such Loan Party. As of the July 2017 Amendment Effective Date, all of the outstanding Equity Securities of each such Subsidiary indicated on Schedule 4.01(o) to the Disclosure Letter as owned by each Loan Party are owned beneficially and of record by such Loan Party free and clear of all adverse claims.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All representations and warranties made under the Original Credit Agreement (as in effect on the Closing Date or any amendment, restatement or other modification thereto prior to the Second Restatement Effective Date), this Agreement and in any other Loan Document or other document delivered pursuant hereto or thereto or in connection herewith or therewith shall survive the execution and delivery of the Original Credit Agreement (as in effect on the Closing Date or any amendment, restatement or other modification thereto prior to the Second Restatement Effective Date), this Agreement or such other document, as applicable, and the making of the Loans under the Original Credit Agreement. Such representations and warranties have been or will be relied upon by the Administrative Agent and each Lender, regardless of any investigation made by the Administrative Agent or any Lender or on their behalf and notwithstanding that the Administrative Agent or any Lender may have had notice or knowledge of any Default at the time of any borrowing of Loans, and shall continue in full force and effect as long as any Loan or any other Obligation hereunder shall remain unpaid or unsatisfied.

assistant: Warranties
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 Employer may terminate the Employee’s employment if the Employee is disabled and, because of the disability, is unable to perform the essential functions of the Employee’s then existing position or positions under this Agreement with or without reasonable accommodation for a period of at least three consecutive (3) months in any twelve-month period. This provision is not intended to reduce any rights the Employee may have pursuant to any law, including without limitation the California Family Rights Act, the Family and Medical Leave Act, the California Fair Employment and Housing Act and the Americans with Disabilities Act.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: you may not use , sell , copy , modify , distribute , redistribute , license , publicly perform or display , publish , edit , create derivative works from , or otherwise make unauthorized use of the materials , without the company 's prior explicit written consent .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement constitutes the entire agreement and understanding between you and the Company concerning the compensation to be paid to you and all of the terms and conditions of your employment and supersedes all prior agreements concerning same, whether written or oral. Each party agrees to pay reasonable attorney’s fees and costs incurred by the other if the other party is successful in enforcing its rights under this Agreement in any court action, arbitration or other proceeding. This Agreement may not be modified or amended except by written instrument duly executed by each of the parties. A waiver by either party of any term or condition of this Agreement or the breach thereof shall not be deemed to constitute a waiver of any other term or condition of this Agreement or of any subsequent breach of any term or condition hereof.

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

user: Read the following U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 378 U.S. 577 84 S.Ct. 1909 12 L.Ed.2d 1035 GROVE PRESS, INC.,v.Richard E. GERSTEIN, State Attorney et al. No. 718. Supreme Court of the United States June 22, 1964 Edward de Grazia and Richard Yale Feder, for petitioner. James W. Kynes, Atty. Gen. of Florida, Leonard R. Mellon, Asst. Atty. Gen., and Glenn C. Mincer, for respondents. On Petition for Writ of Certiorari to the District Court of Appeal of Florida. PER CURIAM. 1 The petition for a writ of certiorari is granted, and the judgment is reversed. Mr. Justice BLACK and Mr. Justice DOUGLAS would reverse for the reasons stated in the opinion of MR. JUSTICE BLACK in Jacobellis v. Ohio, 378 U.S. 196, 84 S.Ct. 1682. Mr. Justice BRENNAN and Mr. Justice GOLDBERG would reverse for the reasons stated in the opinion of Mr. Justice Brennan in Jacobellis, 378 U.S. 184, 84 S.Ct. 1677. Mr. Justice STEWART would reverse for the reasons stated in his opinion in Jacobellis, 378 U.S. 197, 84 S.Ct. 1683. THE CHIEF JUSTICE, Mr. Justice CLARK, Mr. Justice HARLAN, and Mr. Justice WHITE are of the opinion that certiorari should be denied.

assistant: 3
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: In the event Executive is made party or threatened to be made a party to any action, suit or proceeding, whether civil, criminal, administrative or investigative (a “ Proceeding ”), by reason of Executive’s employment with or serving as an officer or director of the Company, whether or not the basis of such Proceeding is alleged action in an official capacity, the Company shall indemnify, hold harmless and defend Executive to the fullest extent authorized by Maryland law, as the same exists and may hereafter be amended, against any and all claims, demands, suits, judgments, assessments and settlements including all expenses incurred or suffered by Executive in connection therewith (including, without limitation, all reasonable legal fees incurred using counsel reasonably acceptable to Executive) and such indemnification shall continue as to Executive even after Executive is no longer employed by the Company and shall inure to the benefit of his heirs, executors, and administrators. Expenses incurred by Executive in connection with any Proceeding shall be paid by the Company in advance upon request of Executive that the Company pay such expenses; but, only in the event that Executive shall have delivered in writing to the Company an undertaking in form and substance reasonably acceptable to the Company to reimburse the Company for expenses with respect to which Executive is not entitled to indemnification. The provisions of this Section shall remain in effect after this Agreement is terminated irrespective of the reasons for termination. The indemnification provisions of this Section shall not supersede or reduce any indemnification provided to Executive under any separate agreement, or the by-laws of the Company since it is intended that this Agreement shall expand and extend Executive’s rights to receive indemnity.

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 legal provision and list the applicable contract clause categories. Provision: There are no actions, suits or other proceedings at law or in equity by or before any Governmental Authority now pending or threatened against or affecting Borrower or the Project, which, if adversely determined, might materially adversely affect the condition (financial or otherwise) or business of Borrower (including the ability of Borrower to carry out its obligations under the Loan Documents), or the use, value, condition or ownership of the Project.

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 case excerpt and choose the best holding from the options. Case excerpt: to defense counsel” must be disclosed to the defendant when no request has been made, but it limited that holding to evidence “obviously of such substantial value to the defense that elementary fairness requires it to be disclosed even without a specific request.” Id. at 110, 96 S.Ct. 2392. The courts of appeals, including the Sixth Circuit, have attached an additional gloss to the Brady rule. “ ‘[T]here is no Brady violation if the defendant knew or should have known the essential facts permitting him to take advantage of the information in question, or if the information was available to him from another source.’ ” Jones v. Bagley, 696 F.3d 475, 487 (6th Cir.2012) (quoting Carter v. Bell, 218 F.3d 581, 601 (6th Cir.2000)); see also Doan v. Carter, 548 F.3d 449, 460 (6th Cir.2008) (<HOLDING>). To be entitled to a new trial under Brady, Options: A. holding as brady violation prosecutions failure to disclose to defense that prosecution had agreed not to prosecute key witness in exchange for his testimony at trial B. holding that the failure to disclose evidence known to the defense cannot form the basis of a brady violation C. holding failure of prosecution to disclose evidence that may be favorable to the accused is a violation of the due process clause of the fourteenth amendment D. holding that the brady rule encompasses evidence known only to police investigators but not the prosecutor E. holding that the prosecution must disclose to the defense all exculpatory evidence known to the state or in its possession

assistant: The best answer is B. holding that the failure to disclose evidence known to the defense cannot form the basis of a brady violation
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 capitalized terms used, but not otherwise defined, herein, including in the introductory and recital paragraphs above, shall have the meanings assigned thereto in Annex A of the Credit Agreement. The rules of interpretation contained in Annex B of the Credit Agreement shall apply to this Waiver as if set forth herein. References in the Credit Agreement (including references in the Credit Agreement as amended hereby) to “this Agreement” (and indirect references such as “hereunder”, “hereby”, “herein” and “hereof”) shall be deemed to be references to the Credit Agreement, as amended hereby.

assistant: Definitions
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: could not file chapter 11 because the prevailing law at the time was that a debtor had to be engaged in business to be eligible for chapter 11 relief, citing Wamsganz v. Boatmen’s Bank of De Sota, 804 F.2d 503 (8th Cir.1986). Individual debtors, according to Price, were then limited to filing chapter 13, which required them to contribute all disposable income to a plan for three years. Thus, he asserts, a debtor’s decision to file under chapter 7 to avoid the chapter 13 disposable income requirement is not substantial abuse, because he could have kept post-petition income had he filed chapter 11. Second, Price notes that § 707(b) requires a finding of “a substantial abuse of the provisions of this chapter,” (emphasis added) and that there is no requirement in chapter Cir.1985) (<HOLDING>). Further, the logic of Price’s chapter 11 Options: A. holding that notwithstanding a debtors inability to obtain a chapter 13 discharge a debtor is nonetheless eligible to file a chapter 13 case B. holding that an individual debtor not engaged in business is eligible for chapter 11 C. holding that individual debtors may use chapter 11 to save the family home from foreclosure D. holding denial of motion to convert from chapter 11 to chapter 7 is interlocutory E. holding consumer debtors may be eligible for chapter 11 under certain circumstances

assistant: The best answer is E. holding consumer debtors may be eligible for chapter 11 under certain circumstances
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: recognizes that the rights of unborn children are protected from third-party actors, criminalizing murder, manslaughter, negligent homicide, aggravated assault, and assault against an unborn child. Geiser, at ¶ 17; see also N.D.C.C. §§ 12.1-17.1-02 to 12.1-17.1-06. Under N.D.C.C. ch. 12.1-17.1, the legislature defined unborn child as, “ ‘the conceived but not yet born offspring of a human being, which, but for the action of the actor would beyond a reasonable doubt have subsequently been born alive.’ ” Geiser, at ¶ 17 (quoting N.D.C.C. § 12.1-17.1-01(3)). Therefore, as stated in Geiser, “[t]his makes it clear that when the Legislature wants to cover unborn children, it does so expressly” and, if the legislature “intended N.D.C.C. § 19-03.1-22.2(l)(b) to include unborn (2005) (<HOLDING>); Commonwealth v. Welch, 864 S.W.2d 280 Options: A. holding that the definition of person in the hawaii manslaughter statute did not include a fetus and thus did not apply when a woman caused the death of her fetus by smoking crystal methamphetamine B. holding that fetus was not a human being for purposes of attempted firstdegree intentional homicide and firstdegree reckless injury statutes C. holding for purposes of establishing the offense of reckless manslaughter against a pregnant woman a fetus is not a person D. holding a fetus is not a child person or individual for purposes of criminal prosecution under the reckless injury to a child statute E. holding that a woman possessed immunity from criminal prosecution for causing injury or death to her fetus

assistant: The best answer is C. holding for purposes of establishing the offense of reckless manslaughter against a pregnant woman a fetus is not a person
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: Midlock v. Apple Vacations W., Inc., 406 F.3d 453, 455 (7th Cir.2005), and Boyd v. Phoenix Funding Corp., 366 F.3d 524, 530 (7th Cir.2004)). The Court need not decide whether to apply a “first-served defendant” or “last-served defendant” rule in this case. Plaintiffs’ challenge to the timeliness of the removal of this case was not raised in Plaintiffs’ motion for remand and therefore is waived. See 28 U.S.C. § 1447(c); Fields v. Jay Henges Enters., Inc., Civil No. 06-323-GPM, 2006 WL 1875457, at *2 (S.D.Ill. June 30, 2006). The Court finds no procedural defect in the removal of this ease. 2. Fraudulent Joinder In this case, Plaintiffs, like Pierce & Associates, are Illinois citizens, while U.S. Bank is an Ohio citizen. See Firstar Bank, N.A. v. Faul, 253 F.3d 982, 994 (7th Cir.2001) (<HOLDING>). Thus, complete diversity of citizenship is Options: A. holding that if a domestic corporations principal place of business is abroad the foreign principal place of business cannot be considered for diversity jurisdiction purposes B. holding that the location of a corporations principal place of business for diversity purposes is the state where the corporation has its headquarters or nerve center C. holding that wells fargo is also a citizen of california where it has its principal place of business D. holding that a national bank is a citizen of the state in which its main office as set forth in its articles of association is located E. holding that for diversity purposes a national bank is a citizen of the state of its principal place of business and the state listed in its organizational certificate

assistant: The best answer is E. holding that for diversity purposes a national bank is a citizen of the state of its principal place of business and the state listed in its organizational certificate
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: into the advisory agreement with Intermarket and the payment of fees to Intermarket for the Oak Tree transaction) and the PCA lawsuit. 7 . Appellees assert that Crimson has failed to preserve this issue because Crimson did not make a specific challenge in either its response to the motion for summary judgment or its motion for reconsideration to the lack of evidence of the reasonableness of the attorney’s fees sought as damages. However, Crimson was not required to object in the trial court to the insufficiency of appellees' summary judgment proof supporting the award of attorney’s fees as damages in order to preserve this challenge for appellate review; such a complaint may be raised for the first time on appeal. See Rhone-Poulenc, Inc. v. Steel, 997 S.W.2d 217, 223 (Tex. 1999) (<HOLDING>); City of Houston v. Clear Creek Basin Options: A. holding that on appeal a nonmovant need not have answered or responded to the motion for summary judgment to contend that the movants summaiy judgment proof is insufficient as a matter of law to support summary judgment B. holding that nonmovants failure to except or respond cannot supply by default the grounds for summary judgment or the summary judgment proof necessary to establish the movants right C. holding that district court should not have granted summary judgment solely on basis that a motion for summary judgment was not opposed D. holding that trial court may not grant summary judgment by default when the movants summary judgment proof is legally insufficient E. holding that the parly opposing summary judgment must do more than merely suggest possible error in the movants summary judgment evidence he must submit facts which demonstrate that the movants summary judgment evidence is questionable or that the movants allegations are not properly supported

assistant: The best answer is A. holding that on appeal a nonmovant need not have answered or responded to the motion for summary judgment to contend that the movants summaiy judgment proof is insufficient as a matter of law to support summary judgment
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 declared illegal, invalid, or otherwise unenforceable by a court of competent jurisdiction, such provision shall be reformed, if possible, to the extent necessary to render it legal, valid, and enforceable, or otherwise deleted, and the remainder of the terms of this Agreement shall not be affected except to the extent necessary to reform or delete such illegal, invalid, or unenforceable provision.

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 case excerpt and choose the best holding from the options. Case excerpt: Cleveland v. North Am. Van Lines, Inc., 154 F.R.D. 37, 38-39 (N.D.N.Y.1994); Bd. of Dirs., Water’s Edge v. Anden Group, 135 F.R.D. 129, 137 (E.D.Va.1991). Accordingly, Defendant’s requests for photocopying and photograph expenses are taxable as long as they are necessarily obtained for use in the case, and Plaintiffs do not assert that these expenses were not necessary to the case. The Court will therefore allow Defendant’s costs for photocopying and photograph expenses, as reported in its Bill of Costs. C. Travel Reimbursement Plaintiffs also challenge Defendant’s request for $128.68 as reimbursement 17 (7th Cir.1975) (finding that charges for telephone calls and postage are not ordinarily recoverable as costs); Hollenbeck v. Falstaff Brewing Corp., 605 F.Supp. 421, 439 (E.D.Mo.1984) (<HOLDING>); El-Fadl v. Central Bank of Jordan, 163 F.R.D. Options: A. holding that the costs of computerized research should be characterized not as taxable costs but as attorneys fees B. holding that postage charges and telecopy charges are not taxable costs C. holding that courier and messenger costs are not taxable costs D. holding that federal express costs telephone expenses and postage expenses did not qualify as taxable costs E. holding that expenses refers to costs

assistant: The best answer is D. holding that federal express costs telephone expenses and postage expenses did not qualify as taxable costs
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: INA, the predicate conviction under § 922(g)(1) is not of an “aggravated felony,” nor even a “felony.” Instead, the predicate conviction under § 922(g)(1) is of any “crime punishable by imprisonment for a term exceeding one year.” Further, such conviction may be in “any court,” and what “constitutes a conviction of such a crime shall be determined in accordance with the law of the jurisdiction in which the proceedings were held.” 18 U.S.C. § 921(a)(20). Case law interpreting Lope 798, at *4 (W.D.La. Sept.11, 2007) (“Further, since the resolution of petitioner’s predicament does not turn on an interpretation of the ‘aggravated felony’ provisions of the INA, the holding of Lopez, supra, does not apply.”); Maxwell v. Warden, No. 4:06 CV 2844, 2007 WL 546366, at *3 (ND.Ohio Feb.16, 2007) (<HOLDING>). Accordingly, I conclude Lopez does not apply Options: A. holding the apprendi rule does not apply retroactively in the context of a 2241 petition B. holding lopez did not apply to csa crimes outside of the ina context C. holding that the attachment statute which did not expressly reach property beyond territorial limits of state would not be construed to apply to property outside state D. holding that the fifth amendment did not apply to tribal government E. holding for crimes committed on or after october 1 1988 the sentencing guidelines do not apply to habitual offender sentences

assistant: The best answer is B. holding lopez did not apply to csa crimes outside of the ina context
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: on direct appeal also invoked the Sixth Amendment. Raising this additional ground on direct appeal, rather ed by this Court. Lance, supra, 275 Ga. at 13-14 (2). Thus, it is now barred. C. Combined Effect of Trial Counsel’s Deficiencies Above, we have commented on the prejudicial effect arising from each of trial counsel’s deficiencies that we either have found to exist or have assumed to exist, and we have found each separately not to have been significantly prejudicial. Considering now the combined effect of those deficiencies, we conclude that the absence of those deficiencies would not in reasonable probability have affected the verdict at either phase of Lance’s trial. Compare Porter v. McCollum, supra,_U. S_(III) (130 SC at 453-456). See also Holsey, supra, 281 Ga. at 812, n. 1 (<HOLDING>). III. Claims that are Barred as Previously Options: A. holding that the combined effect of trial counsels various professional deficiencies should be considered B. holding that the combined effect of trial counsels errors should be considered C. holding that courts should be mindful of the location of witnesses and counsel in weighing the relative accessibility of the place of trial D. holding that the cumulative impact of multiple deficiencies in defense counsels performance prejudiced the defendant in a capital trial E. holding that the combined effect of trial counsels deficiencies should be considered in weighing prejudice

assistant: The best answer is E. holding that the combined effect of trial counsels deficiencies should be considered in weighing prejudice
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 agreements and other provisions in this Article VII shall survive, and remain in full force and effect regardless of, the resignation or removal of the Collateral Agent or the Collateral Agent or the replacement of any Lender.

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: guilt with respect to the charged murder. Indeed, in view of the finding instruction’s provision that the Commonwealth must prove that appellant either “acted as an accessory before the fact or conspired with ... Hulbert in the commission of the killing” (emphasis added), it is clear that proof of the referenced conspiracy is not the sole basis upon which appellant’s liability as an accomplice in the murder could rest. Proof that appellant participated in the murder as an accessory before the fact would also suffice to establish appellant’s guilt. Hence, we cannot say, viewing the applicable legal elements of murder in the abstract, that proof of the referenced conspiracy is “required” in this context to prove the charged murder. See Coleman, 261 Va. at 200, 539 S.E.2d at 734 (<HOLDING>); cf. Taylor, 11 Va.App. at 653, 400 S.E.2d at Options: A. holding proof of racially discriminatory intent or purpose required to show equal protection violation B. holding that the only showing of intent required for a vcea claim is the intent to do the act involved C. holding that in the context of a bloekburger double jeopardy analysis proof of the specific intent to kill is not required in a malicious wounding case because code 18251 which requires proof that the accused had the intent to maim disfigure disable or mu uses the disjunctive or in its description of the required intent for that offense D. holding no offense of attempted seconddegree murder where statute allows conviction without proof of intent to kill E. holding that proof of some or even all of the badges may not show intent

assistant: The best answer is C. holding that in the context of a bloekburger double jeopardy analysis proof of the specific intent to kill is not required in a malicious wounding case because code 18251 which requires proof that the accused had the intent to maim disfigure disable or mu uses the disjunctive or in its description of the required intent for that offense
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: immigration detainer because that status will cause him to be ineligible for desirable prison programs that might otherwise be available. However, the district court was aware of Arroyo’s status as a Colombian national, was not required to discuss each § 3553(a) factor, and was within its discretion to assign weight to each factor. See Amedeo, 487 F.3d at 832; Talley, 431 F.3d at 786. As for Arroyo’s argument that his sentences are unreasonably disparate when compared to other “boat cases,” the statistics that Arroyo points to and the circumstances of these unrelated cases are not part of this record. We therefore cannot determine whether the circumstances of those cases bear relation to the circumstances of this case. See United States v. Campbell, 491 F.3d 1306, 1317 (11th Cir.2007) (<HOLDING>). Moreover, we will not substitute our judgment Options: A. holding that plaintiffs were injured by defendants collection and publication of highly sensitive personal information including credit card numbers social security numbers financial account numbers and information regarding plaintiffs personal issues including sexuality mental illness alcoholism incest rape and domestic violence B. holding that imposition of lengthy sentences did not show prejudice where sentences were warranted by facts shown in the evidence C. holding that amendment 706 did not have the effect of lowering the applicable guideline range where the defendants received statutory mandatory minimum sentences and thus the defendants were not eligible for relief under 3582 D. holding that the statistics cited by campbell regarding other defendants sentences were merely bare numbers without context and thus were unpersuasive E. holding that the operative provision in determining the defendants applicable sentencing range is the statutory minimum not the crack cocaine guideline and that the defendants were still subject to the mandatory minimum upon which their substantial assistance departures and thus them ultimate sentences were based

assistant: The best answer is D. holding that the statistics cited by campbell regarding other defendants sentences were merely bare numbers without context and thus were unpersuasive
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: look behind a state conviction in federal sentencing .... is limited to instances where the judgment of conviction and the statute are ambiguous.”). In this case, even if we were to assume that the statute and judgment of conviction are ambiguous, Howard would still be unable to show that her previous conviction was not a violent crime. The presentence investigative report (“PSI”) provides that Howard was at an elementary school, pulled out a firearm, and began firing several rounds at an unknown male who had stolen her bicycle. (PSI ¶ 33.) She chased the unknown male across the physical education field while discharging the firearm. Id. Because Howard failed to object to the facts set forth in the PSI, she admitted them. United States v. Bennett, 472 F.3d 825, 833-34 (11th Cir.2006) (<HOLDING>); see also United States v. Glaseo, 223 Options: A. holding that because the defendant did not object to the factual recitations in the psi he effectively admitted the facts in the psi B. holding that where defendant failed to object to facts in psi relating to prior conviction the failure to object constituted an admission C. holding that the failure to object to an instruction constitutes a waiver of error D. holding that the defendant waived the issue on appeal when he failed to contemporaneously object to the admission of such evidence at trial E. holding that the defendant conceded the accuracy of his prior convictions in his psi report by failing to object to the report

assistant: The best answer is B. holding that where defendant failed to object to facts in psi relating to prior conviction the failure to object constituted an admission
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall be for the benefit of, and shall be binding upon, Carmike and Executive and their respective heirs, personal representatives, legal representatives, successors and assigns, subject, however, to the provisions in § 6.1 of this Agreement.

assistant: Binding Effects
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 become effective as of the first date (the “ Amendment Effective Date ”) on which the Administrative Agent (or its counsel) shall have received (a) from the Borrower and the Lenders constituting the Required Lenders either (A) counterparts of this Amendment signed on behalf of the Borrower and such Lenders or (B) written evidence satisfactory to the Administrative Agent (which may include a facsimile or other electronic transmission of a signed counterpart of the Amendment) that such parties have signed counterparts of the Amendment, (b) from the Borrower payment of all fees and expenses required to be paid or reimbursed hereunder and (c) from the Borrower true and correct copies of the Landmark Credit Agreement and the Landmark Acquisition Agreement as in effect on the date hereof, in each case in form and substance reasonably satisfactory to the Administrative Agent.

assistant: Effectiveness
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 representations and warranties made hereunder and in any other Loan Document or other document delivered pursuant hereto or thereto or in connection herewith or therewith shall survive the execution and delivery hereof and thereof. Such representations and warranties have been or will be relied upon by the Administrative Agent and each Lender, regardless of any investigation made by the Administrative Agent or any Lender or on their behalf and notwithstanding that the Administrative Agent or any Lender may have had notice or knowledge of any Default at the time of any Loan, and shall continue in full force and effect as long as any Loan or any other Obligation hereunder shall remain unpaid or unsatisfied.

assistant: Warranties
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 2017-A Lease is in full force and effect and not satisfied, subordinated or rescinded and no provision of the 2017-A Lease has been waived in any manner that causes or could cause such 2017-A Lease to not qualify with the other criteria set forth herein.

assistant: No Waivers
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: The Receiving Party agrees (ii) not to divulge any such Proprietary Information or any information derived therefrom to any third person (except consultants or agents, subject to the conditions stated below), Any employee, consultant or agent given access to any such Proprietary Information must have a legitimate "need to know" and shall be similarly bound in writing.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: this restriction applies to any use that interferes or attempts to interfere with the normal operations of the services , including by hacking , deleting , augmenting or altering the services or any content .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: 126 S.Ct. 786, 163 L.Ed.2d 609 (2005). Accordingly, we hold Selby has failed to demonstrate the district court erred in using 405 months as the starting point for applying the substantial-assistance departure. We further hold that Selby’s reliance on section 3582(c)(l)(A)(ii) is misplaced because that provision does not set the definitive standard as to what is meant by a life sentence under the statutory sentencing framework. Rather, it applies to the discretionary modification of a sentence for a defendant who is at least 70 years old, has served at least 30 years in prison, and is no longer considered dangerous. Selby’s reliance on Prevatte likewise is misplaced because Prevatte does not involve the application of a mandatory minimum sentence of life. See Prevatte, 66 F.3d at 843 (<HOLDING>). For the foregoing reasons, we affirm. 1 . The Options: A. holding unconstitutional defendants sentence of death based upon the holding in roper supra and remanding for the montgomery circuit court to set aside the defendants death sentence and to sentence him to the only other sentence available life in the penitentiary without the possibility of parole B. holding 636month sentence was abuse of discretion in light of seventh circuits prior holding that where legislatively enacted sentencing scheme has expressly deprived court of possibility of imposing life sentence sentence for term of years exceeding defendants approximate life expectancy would ordinarily constitute abuse of discretion quotation omitted C. recognizing that we review the sentence imposed by a district court under the abuse of discretion standard D. holding that an effective life sentence of fortyfive years for seconddegree forgery was excessive and that a life sentence was cruel and unusual in violation of the eighth amendment E. holding that in order to aid the appellate review of whether an abuse of discretion has occurred at sentencing the trial court is required to articulate on the record reasons for imposing a particular sentence

assistant: The best answer is B. holding 636month sentence was abuse of discretion in light of seventh circuits prior holding that where legislatively enacted sentencing scheme has expressly deprived court of possibility of imposing life sentence sentence for term of years exceeding defendants approximate life expectancy would ordinarily constitute abuse of discretion quotation omitted
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: No provision of this Agreement affecting Agent in its capacity as such shall be amended, modified or waived without the consent of Agent. No provision of this Agreement relating to the rights or duties of the Fronting Lender in its capacity as such shall be amended, modified or waived without the consent of the Fronting Lender. No provision of this Agreement relating to the rights or duties of the Swing Line Lender in its capacity as such shall be amended, modified or waived without the consent of the Swing Line Lender.

assistant: Duties
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: After discussing the law that applies generally to each canon that the Commission concluded the Judge had violated, we will consider each of the Commission’s conclusions in turn. STANDARDS FOR REVIEW AND DISCIPLINE Article VII (Amended), section 8(l)(e), of the Oregon Constitution, provides in part: “(1) In the manner provided by law, and notwithstanding section 1 of this Article, a judge of any court may be removed or suspended from his judicial office by the Supreme Court, or censured by the Supreme Court, for: “(e) Wilful violation of any rule of judicial conduct as shall be established by the Supreme Court * * *[.]” Consistent with this constitutional recognition of its authority, the Supreme Court has adopted the Code. See In re Fadeley, 310 Or 548, 560-61, 802 P2d 31 (1990) (<HOLDING>). The canons of the Code at issue in this case Options: A. holding that the federal expert witness compensation rules are in direct conflict with the state rules even when the state rules allow for a greater recovery B. holdingthat the constitutional provision carried with it the acknowledgement of preexisting rules regulating judicial conduct C. holding that a violation of the rules of professional conduct may not be used as evidence and citing terry cove north for the proposition that the sole remedy for a violation of the rules of professional conduct was the imposition of disciplinary measures D. holding that a provision of the constitution is to be construed in the sense in which it was understood by the framers and the people at the time of its adoption but that if new products or circumstances that did not exist at the time the constitutional provision was enacted fall within the meaning of the provision the constitutional provision applies to them E. holding that interpretation of a constitutional provision begins with examination of the provisions explicit language and that a court must endeavor to construe the provision in a manner consistent with the intent of the framers and voters

assistant: The best answer is B. holdingthat the constitutional provision carried with it the acknowledgement of preexisting rules regulating judicial conduct
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: or lawsuit. Id. at 1553-54. However, the subcontract also included a disputes clause that gave the subcontractor a direct right of appeal. Id. at 1554. The government argued that the disputes clause was included for “informational” purposes. Id. The court concluded that the disputes clause was in direct conflict with the ABC clause, which had been specially negotiated, and held that the disputes clause had not been included to give the subcontractor a right to a direct appeal or to bring a lawsuit. Id. at 1555. Common among the cases cited by the plaintiff in which courts found privity between the subcontractor and the government is the government’s manifestation of intent to waive sovereign immunity and allow the subcontractor to sue it. See, e.g., RMI Titanium Co., 78 F.3d at 1140-41 (<HOLDING>); Arntz Contracting Co., EBCA No. 187-12-81, Options: A. holding that the governments attorney had the implicit authority to bind the government although the contracting officer had the express authority B. holding that a subcontractors previous contractual relationship with the government the subcontracts assignment back to the government and a disputes clause expressly authorizing and directing the subcontractor to bring claims to the doe contracting officer manifested intent C. holding that an assignment was recognized by the government because the government issued a check made payable to the assignee as payment under the contract D. holding that the contracting officer effectively made a final decision on the government claim for set off by declining to pay the contractor the balance due on the contract E. holding that government approval of a subcontract terms giving subcontractor a right to a direct appeal to the department of energy board of contract appeals among other things manifested intent

assistant: The best answer is B. holding that a subcontractors previous contractual relationship with the government the subcontracts assignment back to the government and a disputes clause expressly authorizing and directing the subcontractor to bring claims to the doe contracting officer manifested intent
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: As of the Agreement Date, the Borrower has furnished or caused to be furnished to the Administrative Agent and the Lenders as of the Agreement Date, the audited financial statements for the Borrower and its Subsidiaries on a consolidated basis for the fiscal year ended December 31, 2017, which present fairly in all material respects the financial position of the Borrower and its Subsidiaries on a consolidated basis, on and as at such date and the results of operations for the period then ended. As of the date of this Agreement, none of the Borrower or its Subsidiaries has any liabilities, contingent or otherwise, on the Agreement Date, that are material to the Borrower and its Subsidiaries on a consolidated basis other than as disclosed in the financial statements referred to in the preceding sentence or in the reports filed by the Borrower with the Securities and Exchange Commission prior to the Agreement Date or the Obligations.

assistant: Financial Statements
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: Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure or other obligations shall be released promptly following (i) the elimination of the applicable Fronting Exposure or other obligations giving rise thereto (including by the termination of Defaulting Lender status of the applicable Revolving Lender (or, as appropriate, its assignee following compliance with Section 11.06(b)(vi) )) or (ii) the determination by Agent and the L/C Issuer that there exists excess Cash Collateral; provided however , (A) any such release shall be without prejudice to, and any disbursement or other transfer of Cash Collateral shall be and remain subject to, any other Lien conferred under the Loan Documents and the other applicable provisions of the Loan Documents, and (B) the Person providing Cash Collateral and the L/C Issuer may agree that Cash Collateral shall not be released but instead held to support future anticipated Fronting Exposure or other obligations.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Failure of either Party to insist, in one or more instances, upon performance of any of the terms of this Agreement, or the waiver by either Party of any term or right of the other Party hereunder, will not be deemed or construed as a waiver or a relinquishment of any such term or right.

assistant: Waivers