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: lender knew there were some consignment goods for sale, there is absolutely no record evidence as to whether the gallery was “generally known by its creditors to be substantially engaged in selling the goods of others.” § 679.1021(l)(t)lc. Consignor presented no evidence as to who or how many creditors the gallery had when he placed his painting there for sale in 2006. Similarly there is no evidence that lender knew this paint consignor must show that a majority of the consignee’s creditors were aware that the consignee was substantially engaged in selling the goods of others by consignment sales, and the majority is determined by the number of creditors, not by the amount of their claims. See Valley Media, 279 B.R. at 126; In re Wicaco Mach. Corp., 49 B.R. 340, 344 (E.D.Pa.1984) (<HOLDING>). Again, here the consignor had no idea who or Options: A. holding that 567203 did not exempt life insurance proceeds paid to the debtor spouse against the claims of her own creditors B. holding that debtor did not prove that defendant creditors violated automatic stay under 11 usc 362a with respect to their actions in a state court lawsuit because the creditors actions involved a counterclaim that debtor asserted and were in response to that counterclaim C. holding that a creditors security was preserved notwithstanding the bankruptcy of the debtor D. holding that general creditors do not have standing to contest forfeitures E. holding that 20 of creditors knowing of consignment relationship does not satisfy general knowledge requirement notwithstanding that such creditors represented 63 of claims against debtor

assistant: The best answer is E. holding that 20 of creditors knowing of consignment relationship does not satisfy general knowledge requirement notwithstanding that such creditors represented 63 of claims against debtor
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 effective as of the Effective Date and, unless terminated earlier by mutual written agreement of the Parties or pursuant to Sections 9.2, 9.3 or 9.4 below, shall continue in effect, on a country-by-country and Product-by-Product basis, until the expiration of the Royalty Term for such Product (the “ Term ”). Subject to the applicable terms of any Upstream Agreement, upon expiration of each Term with respect to a Product in a particular country in the Licensed Territory , Licensee’s license pursuant to Section 2.1 shall become fully paid-up, irrevocable, perpetual and sublicensable without restriction.

assistant: Terms
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 Mortgagor will execute and deliver such other and further instruments and will do such other and further acts as in the opinion of the Mortgagee may be necessary or desirable to carry out more effectively the purposes of this Mortgage.

assistant: Further Assurances
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: Mr. Henry was a death row inmate who filed a request for stay of execution just four days before his scheduled execution, along with an emergency application for leave to file a second or successive federal habeas petition under 28 U.S.C. § 2244(b). Henry, 757 F.3d at 1152-53. Mr. Henry expressly requested “expedited consideration of’ his application to file a second or successive motion based on the then-recent decision in Hall v. Florida, — U.S. —, 134 S.Ct. 1986, 188 L.Ed.2d 1007 (2014). He emphasized that his application would be “moot if not ruled on” before his scheduled execution. Notably, Mr. Henry’s application did not ask for full briefing or oral argument. Rather, he requested a prompt ruling and an “order authorizing the United States Distric t. 1604, 140 L.Ed.2d 828 (1998) (<HOLDING>); O’Dell v. Netherland, 521 U.S. 151, 117 S.Ct. Options: A. holding that the supreme courts decision in bailey v united states 516 us 137 116 sct 501 133 led2d 472 1995 effected a material change in the law because the circuit previously held that accessibility of a firearm was enough to support an inference that a firearm was used in a drug crime whereas bailey required active employment of the firearm B. holding that the supreme courts decision in bailey v united states 516 us 137 116 sct 501 133 led2d 472 1995 effected a material change in the law because the circuit previously held that accessability of a firearm was enough to support an inference that a firearm was used in a drug crime whereas bailey required active employment of the firearm C. holding that the rule announced in simmons v south carolina 512 us 154 114 sct 2187 129 led2d 133 1994 doesnt apply retroactively on collateral review D. holding that the rule announced in bailey v united states 516 us 137 116 sct 501 133 led2d 472 1995 applies retroactively on collateral review E. holding that the rule announced in crawford v washington 541 us 36 124 sct 1354 158 led2d 177 2004 applies retroactively on collateral review

assistant: The best answer is D. holding that the rule announced in bailey v united states 516 us 137 116 sct 501 133 led2d 472 1995 applies retroactively on collateral review
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: for the sale. Generally speaking, “[a]n escrow agent owes a fiduciary duty to both parties to [an escrow] contract.” Trevino v. Brookhill Capital Resources, Inc., 782 S.W.2d 279, 281 (Tex.App.-Houston [1st Dist.] 1989, writ denied) (emphasis added). Likewise, “[t]he title insurance agent may not inten-tionaHy or recklessly deceive the parties to a real estate transaction.” Zimmerman v. First Am. Title Ins. Co., 790 S.W.2d 690, 695 (Tex.App.-Tyler 1990, writ denied) (emphasis added). An escrow agent and closer like HTC does not owe a duty — and thus has no negligence HabiHty — to the non-party creditor of a party to the escrow agreement. Cf. Rove v. First Am. Title Ins. Co., No. 05-96-01783-CV, 1998 WL 696880, at *4 (Tex.App.-DaHas Oct.8, 1998, no pet.) (not designated for pubHcation) (<HOLDING>). Compare Zimmerman, 790 S.W.2d at 694-95 Options: A. holding that if the trial court would have had no discretion to deny summary judgment on an alternative ground the appellate court can on that alternative ground sustain the order granting summary judgment B. holding that summary judgment against escrow agent to closing was properly granted when fraud was alleged basis of conspiracy and when nothing in the noevidence summary judgment record supports the borrowers claim that american title was a party to a plan to defraud them C. holding that escrow agent owed duty only to parties to escrow agreement not to party to tangential contract further holding that trial court correctly rendered summary judgment on neghgence claim against escrow agent on this ground D. holding that trial court may not grant summary judgment on ground not presented by movant in writing E. holding that the trial court may not grant summary judgment on a ground not raised in the motion

assistant: The best answer is C. holding that escrow agent owed duty only to parties to escrow agreement not to party to tangential contract further holding that trial court correctly rendered summary judgment on neghgence claim against escrow agent on this ground
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) Schedule 3.12(a) and Schedule 3.12(b) set sets forth as of the Third Restatement Amendment No. 3 Effective Date a list of all Subsidiaries and , Excluded Subsidiaries other than the inactive Subsidiaries listed on Schedule 3.12(b) , , and the percentage ownership (directly or indirectly) of Parent Holdings therein.

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: During the term of this Agreement, the Executive shall serve as Chief Operating Officer, of each of the Company and Parent, with such authority and duties, consistent with this Agreement, as shall from time to time be delegated to him by the board of directors of Parent (the “Board”).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Executive shall serve as the Vice President, Licensing, with such duties, responsibilities and authority as are commensurate and consistent with his position, as may be, from time to time, assigned to him by the Chief Executive Officer of the Corporation (the “ Chief Executive Officer ”). The Executive shall report directly to the Chief Executive Officer. During the Term (as defined in Section 3 ), the Executive shall devote his full business time and efforts to the performance of his duties hereunder unless otherwise authorized by the Board. Notwithstanding the foregoing, the expenditure of reasonable amounts of time by the Executive for the making of passive personal investments, the conduct of business affairs and charitable and professional activities shall be allowed, provided such activities do not materially interfere with the services required to be rendered to the Corporation hereunder and do not violate the restrictive covenants set forth in Section 9 below.

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: not have been patentable, or partially patentable, because a patent application contained a final step indicating that the formula, when solved, could be usefully applied to existing surveying techniques.”). Plaintiffs argument that the claims “improve the functioning of the computer” also falls short, as the patents do not claim an improvement to the computer, but rather describe how to apply the abstract idea of cataloguing to pre-existing, conventional computers. Here, as in Bancorp, “without the computer limitations nothing remains in the claims but the abstract idea.” Bancorp, 687 F.3d 1266 at 1279-80. The pre-emption inquiry focuses on whether the patent “would risk disproportionately tying up the use of the underlying ideas.” Alice, 134 S.Ct. at 2354; Mayo, 132 S.Ct. at 1294 (<HOLDING>). Plaintiff argues that the claims at bar do Options: A. holding that because a valid arbitration clause existed the parties had to arbitrate all disputes when the subject matter of the dispute has a reasonable relationship to the subject matter of the contract B. holding that the complaint placed the defendant on notice when it alleged ownership of the asserted patent named the individual defendants cited the patents that are allegedly infringed described the means by which the defendants allegedly infringed the patents and pointed to specific sections of the patent law invoked C. recognizing that in patent infringement eases a finding of noninfringement prevents a court from reaching an affirmative defense asserting the patents invalidity because the validity issue becomes immaterial to the disposition of the case and that any determination of the patents validity by the district court in such a case should be vacated D. holding a procedure for molding rubber that included a computer program is within patentable subject matter E. holding that patents that would disproportionately tie up the use of the underlying natural laws are invalid for lacking patentable subject matter

assistant: The best answer is E. holding that patents that would disproportionately tie up the use of the underlying natural laws are invalid for lacking patentable subject matter
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) Comply, and cause each other Loan Party and each of their respective Subsidiaries to comply, with all applicable laws, rules, regulations, decrees, orders, judgments, licenses and permits, except where failure to comply could not reasonably be expected to have a Material Adverse Effect; (b) without limiting clause (a) above, ensure, and cause each other Loan Party to ensure, that no person who owns a controlling interest in or otherwise controls a Loan Party is or shall be (i) listed on the Specially Designated Nationals and Blocked Person List maintained by the OFAC, Department of the Treasury, and/or any other similar lists maintained by OFAC pursuant to any authorizing statute, Executive Order or regulation or (ii) a person designated under Section 1(b), (c) or (d) of Executive Order No. 13224 (September 23, 2001), any related enabling legislation or any other similar Executive Orders, (c) without limiting clause (a) above, comply, and cause each other Loan Party to comply, with all applicable Bank Secrecy Act and anti-money laundering laws and regulations and (d) pay, and cause each other Loan Party to pay, prior to delinquency, all taxes and other governmental charges against it or any of its property, as well as claims of any kind which, if unpaid, could become a Lien on any of its property; provided that the foregoing shall not require any Loan Party to pay any such tax or charge so long as it shall contest the validity thereof in good faith by appropriate proceedings and shall set aside on its books adequate reserves with respect thereto in accordance with GAAP and, in the case of a claim which could become a Lien on any collateral, such contest proceedings shall stay the foreclosure of such Lien or the sale of any portion of the collateral to satisfy such claim.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All action on the part of the Seller, its officers, directors, and shareholders necessary for the authorization, execution and delivery of this Agreement, the performance of all obligations of the Seller hereunder, and the sale of the Transferred Units being sold hereunder has been taken, and this Agreement constitutes a valid and legally binding obligation of the Seller, enforceable in accordance with its terms, except (i) as limited by applicable bankruptcy, insolvency, reorganization, moratorium, and other laws of general application affecting enforcement of creditors’ rights generally and (ii) as limited by laws relating to the availability of specific performance, injunctive relief or other equitable remedies.

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

user: (i) all data and information, in whatever form communicated or maintained, whether orally, in writing, electronically, in computer readable form or otherwise, that the Receiver or any of its Representatives (in each case on behalf of the Company) and/or the Company or any of the Company's Representatives discloses or has disclosed to, or that is gathered by inspection by, the Recipient or any of the Recipient's Representatives, whether provided before or after the date of this Agreement, including, information that contains or otherwise reflects information concerning the Company, the Assets, the business or affairs, operations, prospects, activities, and intellectual property rights of the Company and specifically includes, without limitation, all data, records, reports, studies, projections, knowledge, patents, theories, information (financial, corporate, business or otherwise), intellectual property, designs, drawings, plans, opportunities, prototypes, specifications, manuals, photographs, software, hardware, equipment, printouts, reports, market research, business plans, customer lists, supply sources, trade secrets, information relating to existing and potential financiers and investors, trade lists, processes, techniques, ideas, improvements, innovations, know-how, research and development, calculations, opinions, and documents, and any information provided to the Receiver, the Company or any of their Representatives by third parties under circumstances in which the Receiver, the Company or any of their respective Representatives has an obligation to protect the confidentiality of such information, including all information received by the Receiver and/or the Receiver's Representatives (on behalf of the Company) or the Company in connection with the Company, the Assets, or its business and disclosed and communicated to, or gathered by, the Recipient or any of the Recipient's Representatives; 4. The Recipient may disclose Confidential Information only to the limited group of the Recipient's Representatives, who are actually engaged in and need to know the Confidential Information for the Permitted Purpose, who have been informed of the confidential nature of the Confidential Information, and who agree to keep such information confidential and not use such Confidential Information for any purpose other than the Permitted Purpose.

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 legal provision and list the applicable contract clause categories. Provision: The Company has not issued any capital stock since its most recently filed periodic report under the Exchange Act, other than pursuant to the exercise of employee stock options under the Company’s stock option plans, the issuance of shares of Common Stock to employees pursuant to the Company’s incentive stock plan and pursuant to the conversion and/or exercise of Common Stock Equivalents outstanding as of the date of the most recently filed periodic report under the Exchange Act. No Person has any right of first refusal, preemptive right, right of participation, or any similar right to participate in the transactions contemplated by the Transaction Documents except for any such rights that have been waived. The issuance and sale of the Shares and Warrants will not obligate the Company to issue shares of Common Stock or other securities to any Person (other than the Purchaser) and will not result in a right of any holder of Company securities to adjust the exercise, conversion, exchange or reset price under any of such securities. All of the outstanding shares of capital stock of the Company are duly authorized, validly issued, fully paid and nonassessable, have been issued in compliance with all federal and state securities laws, and none of such outstanding shares was issued in violation of any preemptive rights or similar rights to subscribe for or purchase securities. No further approval or authorization of any stockholder, the Board of Directors or others is required for the issuance and sale of the Shares and Warrants. There are no stockholders agreements, voting agreements or other similar agreements with respect to the Company’s capital stock to which the Company is a party or, to the knowledge of the Company, between or among any of the Company’s stockholders.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: or special assessment was imposed for Count Eight. Thus, we hold that Shorter stands convicted of only one 18 U.S.C.A. § 922(g) offense. This result is in line with our decision in United States v. Jones, 204 F.3d 541 (4th Cir.2000). In Jones, the defendant had received concurrent sentences for possession of cocaine base and possession of cocaine base with the intent to distribute. Concluding that the possession offense was a lesser included offense of the possession with the intent to distribute charge, we held that the former “should have been merged into the possession with intent to distribute conviction” and therefore ordered that the sentence for the possession conviction be vacated. Jones, 204 F.3d at 544; see United States v. Cunningham, 145 F.3d 1385, 1399 (D.C.Cir.1998) (<HOLDING>); United States v. Throneburg, 921 F.2d 654, Options: A. holding that all convictions remain valid for immigration purposes B. holding that defendants sixth amendment right to trial by a jury was not violated by district courts reliance on his prior convictions for purposes of sentencing under the acca even though convictions were neither charged in indictment nor admitted C. recognizing that the district court could merge duplicative convictions after the jury verdicts are recorded D. holding that duplicative 922g convictions should have been merged for sentencing purposes E. holding that trial court apparently merged two robbery offenses before sentencing as it imposed only one 20year sentence

assistant: The best answer is D. holding that duplicative 922g convictions should have been merged for sentencing purposes
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 parole hearing but instead was seeking to be released. See Rather, 973 P.2d at 1267. 7 . We give Fields’s pro se petition the benefit of the doubt by reading it broadly to include an allegation that a recalculation of his parole eligibility date may determine his assignments to work and educational opportunities within the DOC at the present time. Even so, such an allegation does not constitute an immediate practical effect on the restraint of Fields or on any of his fundamental rights. 8 . Fields cites federal authority indicating that the federal writ of habeas corpus is broad enough to entitle him to a hearing on his claims at this time (or at least after he has exhausted his state remedies). See, e.g., Preiser v. Rodriguez, 411 U.S. 475, 487, 93 S.Ct. 1827, 36 L.Ed.2d 439 (1973) (<HOLDING>); Peyton v. Rowe, 391 U.S. 54, 66-67, 88 S.Ct. Options: A. holding that managing conservator while in texas to seek return of child by writ of habeas corpus may not be served with civil process and is subject to jurisdiction of court in which habeas corpus is pending and only for purpose of prosecuting writ of habeas corpus B. holding that a writ of habeas corpus is a state prisoners sole federal remedy for challenging the duration of his imprisonment in order to obtain a speedier release in the future C. holding that it is well settled in this jurisdiction and elsewhere that 2255 will lie only to attack the imposition of a sentence and that an attack on the execution thereof may be accomplished only by way of habeas corpus in the district of confinement D. holding that the district court mischaracterized a state prisoners 1983 claim as a petition for writ of habeas corpus because the prisoner did not attack his conviction challenge the fact or length of his confinement or seek immediate release from prison E. holding that recent cases have established that habeas corpus relief is not limited to immediate release from illegal custody but that the writ is available as well to attack future confinement and obtain future releases

assistant: The best answer is E. holding that recent cases have established that habeas corpus relief is not limited to immediate release from illegal custody but that the writ is available as well to attack future confinement and obtain future 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 case excerpt and choose the best holding from the options. Case excerpt: for money damages, it does not provide for injunctive relief in private actions. See 15 U.S.C. § 1692k. We do not here decide whether the FDCPA permits private plaintiffs to seek injunctive relief because the issue is not squarely presented, but we note that every federal appeals court to have considered the question has held that it does not. See, e.g., Weiss v. Regal Collections, 385 F.3d 337, 342 (3d Cir.2004) ("[Ijnjunctive and declaratory relief are not available to litigants acting in an individual capacity under the FDCPA.’'); Crawford v. Equifax Payment Servs., Inc., 201 F.3d 877, 882 (7th Cir.2000) (noting that "all private actions under the Fair Debt Collection Practices Act are for damages"); Sibley v. Fulton DeKalb Collection Serv., 677 F.2d 830, 834 (11th Cir.1982) (<HOLDING>); Sparkman v. Zwicker & Assocs., P.C., 374 Options: A. holding that equitable relief under rico is available only to the government B. holding that damages are not relief that is available under the idea C. holding that equitable relief is not available to an individual under this section of the fdcpa D. holding that claims for equitable relief under 502a3 are only available when a plaintiff has no other relief under erisa E. holding that neither injunctive nor declaratory relief is available to private litigants under the fdcpa

assistant: The best answer is C. holding that equitable relief is not available to an individual under this section of the fdcpa
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 Trustee shall maintain accurate and detailed records and accounts of all transactions of the Trust, which shall be available at all reasonable times for inspection or audit by any person designated by the Company and which shall be retained as required by applicable law.

assistant: Records
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: that, though addressing facts and legal issues different from the ones here, provide basic insight into the relationship between the insured and insurer under Virginia law. See Autumn Ridge, L.P. v. Acordia of Va. Ins. Agency, Inc., 270 Va. 83, 613 S.E.2d 435, 438 (2005) (“The risk undertaken by the insurer is an essential element of a contract of insurance, and no premium is due from the insured unless the risk attaches."); Ingrams v. Mut. Assur. Soc., 40 Va. 661, 668 (Va.1843) ("For the premium paid by the insured, and the risk which the insurer takes upon himself, are considerations each for the other; they are correlatives, whose mutual operation constitutes the essence of the insurance contract.”); see also Foremost Guar. Corp. v. Meritor Sav. Bank, 910 F.2d 118 (4th Cir.1990) (<HOLDING>). Not surprisingly, the axiom also finds Options: A. holding that an insurance company does not act in bad faith solely because it fails to accept a settlement offer within the deadline set by the injured persons attorney but that a jury question on the reasonableness of the insurers actions arose when an insurance company failed to respond to a deadline to settle a claim within policy limits when the company had knowledge of clear liability and special damages exceeding the policy limits B. recognizing an insurers right to rescind an insurance contract where the insured has made fraudulent or material misrepresentation in insurance application C. holding that insureds failure to list his brother as a member of the household was a material misrepresentation that provided the insurance company with grounds to rescind the policy D. holding an insurance company waived the right to rescind coverage when it continued to accept premiums with knowledge of grounds for rescission E. holding that the employer created an erisa plan when it 1 paid for the employees insurance 2 contracted with the insurance company for coverage and eligibility requirements and 3 collected and remitted the employees dependents premiums

assistant: The best answer is D. holding an insurance company waived the right to rescind coverage when it continued to accept premiums with knowledge of grounds for rescission
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: jury, are so closely related to the ultimate fact to be presumed that no rational jury could find those facts without also finding that ultimate fact, making those findings is functionally equivalent to finding the element required to be presumed. Carella, 491 U.S. at 271,109 S.Ct. at 2423-24 0quoted in Sullivan, 508 U.S. at 281, 113 S.Ct. at 2082); see United States v. Maloney, 71 F.3d 645, 658 (7th Cir.1995) (noting that, although instruction permitted the jury to infer the existence of a judicial proceeding, under the facts of the case, such a finding was so closely related to the finding of obstruction of justice as to render the error harmless), petition for cert, filed, 65 U.S.L.W. 3085 (U.S. July 12, 1996) (No. 96-73); United States v. Parmelee, 42 F.3d 387, 394-95 (7th Cir.) (<HOLDING>), cert. denied, — U.S.-, 116 S.Ct. 63, 133 Options: A. holding that the ins must adhere to the requirements of 8 cfr 24210 which governs the manner in which an alien must be informed of right to counsel at a deportation hearing B. holding that instruction that defendant must have knowingly transported illegal alien sufficiently informed jury that the transportation must also be willful C. holding that the jury instructions taken as a whole sufficiently informed the jury of the states burden of proving that the defendant specifically intended to kill the victim D. holding where defendant challenged jury instruction and also claimed ineffective assistance of counsel based upon his counsels failure to object to instruction because we find no error in the instructions defendants claim for ineffective assistance of counsel must also be rejected E. holding that there was no error where one instruction did not inform the jury that in order to convict defendant of attempted murder the evidence must show that defendant had a specific intent to commit murder but where subsequent instruction did inform jury of this requirement and concluding that the instructions when read as a whole adequately informed the jury of the requirement of specific intent to kill

assistant: The best answer is B. holding that instruction that defendant must have knowingly transported illegal alien sufficiently informed jury that the transportation must also be willful
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: On and after the Closing Date, except for Liens permitted pursuant to Section 5.9 hereof, (a) there is and will be no U.C.C. Financing Statement or similar notice of Lien outstanding covering any personal property of any Company (other than U.C.C. Financing Statements filed in connection with operating leases and bailments of property and any U.C.C. Financing Statement that are filed without authorization and that have not yet become known to the Borrower, in which case the Borrower shall promptly after gaining knowledge thereof, contest such U.C.C. Financing Statement in good faith); (b) there is and will be no mortgage or charge outstanding covering any real property of any Company; and (c) no real or personal property of any Company is subject to any Lien of any kind. The Administrative Agent, for the benefit of the Lenders, upon the filing of the U.C.C. Financing Statements and taking such other actions necessary to perfect its Lien against collateral of the corresponding type as authorized hereunder will have a valid and enforceable first Lien on the collateral securing the Secured Obligations (subject to Liens permitted under this Agreement). No Company has entered into any contract or agreement (other than a contract or agreement entered into in connection with the purchase or lease of fixed assets that prohibits Liens on such fixed assets) that exists on or after the Closing Date that would prohibit the Administrative Agent or the Lenders from acquiring a Lien on, or a collateral assignment of, any of the property or assets of any Company, except as permitted by Section 5.9 hereof.

assistant: Liens
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 further grant tripadvisor the right to pursue at law any person or entity that violates your or tripadvisor 's rights in the submissions by a breach of this agreement .

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: Other than consummating the transactions contemplated hereunder, such Purchaser has not, nor has any Affiliate of such Purchaser or Person acting on behalf of or pursuant to any understanding with such Purchaser, directly or indirectly executed any purchases or sales, including Short Sales, of the securities of the Company during the period commencing as of the time that such Purchaser was first contacted by the Placement Agent regarding the transactions contemplated hereby and ending immediately prior to the execution hereof. Notwithstanding the foregoing, in the case of a Purchaser that is a multi-managed investment vehicle whereby separate portfolio managers manage separate portions of such Purchaser’s assets and the portfolio managers have no direct knowledge of the investment decisions made by the portfolio managers managing other portions of such Purchaser’s assets, the representation set forth above shall only apply with respect to the portion of assets managed by the portfolio manager that made the investment decision to purchase the Securities covered by this Agreement. Other than to such Purchaser or to such Purchaser’s representatives, including, without limitation, its officers, directors, partners, legal and other advisors, employees, agents and Affiliates, such Purchaser has maintained the confidentiality of all disclosures made to it in connection with this transaction (including the existence and terms of this transaction). Notwithstanding the foregoing, for the avoidance of doubt, nothing contained herein shall constitute a representation or warranty, or preclude any actions, with respect to the identification of the availability of, or securing of, available shares to borrow in order to effect Short Sales or similar transactions in the future.

assistant: Confidentiality
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 or the application of any such provision to any person, entity, or circumstance is held invalid, illegal, or unenforceable in any respect by a court of competent jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision of this Agreement or the application of such provision to any other persons, entities, or circumstances and, to the extent permissible under applicable law, any such invalid, illegal, or unenforceable provision shall be deemed amended lawfully to conform with the intent of the Parties and Payor .

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: as in this case acted in a manner that did not comply with the man date of Criminal Rule 5 which requires trial courts to arrange and provide for the recording of objections. Perryman asserts that “possible objections at trial were needlessly lost for direct appeal purposes without counsel’s knowledge, and Perry-man therefore could not have had a fair trial.” Id. at 30. He argues that his “ability to appeal any error regarding objections and trial court rulings at his trial was severely compromised because most of those bench conferences and rulings are nonexistent in his trial record, and [he] could not appeal what does not exist, which is the prejudice to [him] in this matter.” Id. The State argues that this issue is unavailable for post-conviction proceedings because many “ina ) (<HOLDING>), reh’g denied, cert. denied, 534 U.S. 1136, Options: A. holding that claims including constitutional claims must be asserted in trial court to be raised on appeal B. holding that freestanding claim that the trial court committed fundamental error in giving a jury instruction after deliberations had begun was unavailable in postconviction proceedings C. holding claims must be raised on direct appeal or waived D. holding that postconviction procedures do not provide a petitioner with a superappeal or opportunity to consider freestanding claims that the original trial court committed error and that such claims are available only on direct appeal E. holding that only issues not known at the time of the original trial or issues not available on direct appeal may be properly raised through postconviction proceedings

assistant: The best answer is D. holding that postconviction procedures do not provide a petitioner with a superappeal or opportunity to consider freestanding claims that the original trial court committed error and that such claims are available only on direct appeal
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: court. ORDER AND NOW, this 5th day of November, 2010, the Order of the Court of Common Pleas of Luzerne County, dated December 31, 2009, in the above-captioned matter is hereby AFFIRMED. 1 . A Quality Assurance Officer takes vehicles to inspection centers and observes whether emission inspection regulations are followed. Reproduced Record at 40a (R.R_). 2 . Section 177.602(a) establishes a schedule of penalties that can be imposed upon inspection stations. The penalty established for the first violation of "Fraudulent recordkeeping” is "1 year [suspension] and [a] $2,500 fine.” 67 Pa.Code § 177.602(a)(iii). 3 .Generally, participation in a de novo hearing cures any procedural defects regarding notice. See Department of Transportation v. Sutton, 541 Pa. 35, 40, 660 A.2d 46, 48 (1995) (<HOLDING>). However, at the trial court, McCarthy argued Options: A. holding that we review issues of statutory interpretation de novo B. holding we review claim construction de novo on appeal C. holding a de novo statutory appeal hearing in the court of common pleas cures any defects in the departments notice of suspension D. holding statutory interpretation is subject to de novo review E. recognizing de novo standard of review

assistant: The best answer is C. holding a de novo statutory appeal hearing in the court of common pleas cures any defects in the departments notice of suspension
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 such findings “simply do not exist in a fibromyalgia ease.” (PI. Mem., pg. 15.) Indeed, as Judge Posner of the Seventh Circuit explained in Sarchet v. Chater, 78 F.3d 305, 307 (7th Cir.1996), “[fibromyalgia’s] cause or causes are unknown, there is no cure, and, of greatest importance to disability law, its symptoms are entirely subjective. There are no laboratory tests for the presence or severity of fibromyalgia.” Id. Thus, any focus by the Defendant or by ALJ Cohen on the absence of objective evidence is misplaced, because “its absence is no more indicative that the patient’s fibromyalgia is not disabling than the absence of headache is an indication that a patient’s prostate cancer is not advanced.” Id., see also Green-Younger v. Barnhart, 335 F.3d 99, 108 (2d Cir.2003) (<HOLDING>) (citing Lisa v. Sec’y of Dep’t of Health & Options: A. recognizing disagreement among district courts in the second circuit as to whether the standard for vicarious liability is the same under title vii and the nyhrl but interpreting second circuit law including quinn to indicate that nyhrl claims should be analyzed under the framework of title vii B. holding that the terms second circuit and third circuit do not require entirely separate and distinct circuits with each requiring a specific structural requirement C. holding that certificate is required to appeal denial of rule 60b motion challenging denial of habeas application and stating that eight circuit courts including eighth circuit are in accord on this issue 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 a growing number of courts including the second circuit have recognized that fibromyalgia is a disabling impairment and that there are no objective tests which can conclusively confirm the disease

assistant: The best answer is E. holding that a growing number of courts including the second circuit have recognized that fibromyalgia is a disabling impairment and that there are no objective tests which can conclusively confirm the disease
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: that may assist district courts when contemplating what often seem like “no-win” conflict decisions. Specifically, the Court clarifies that only “actual” conflicts are unwaivable and, even then, only if they are so severe as to (a) indicate per se ineffective assistance of counsel or, (b) be analogous to per se ineffectiveness in the conflict’s “breadth and depth.” [See ante at 126] (quoting United States v. Fulton, 5 F.3d 605, 613 (2d Cir.1993)). On the other hand, if an attorney suffers from a “lesser [actual] or only a potential conflict,” the conflict is waivable, provided the defendant’s choice is knowingly and intelligently made. [See ante at 126] (quoting United States v. Levy, 25 F.3d 146, 153 (2d Cir.1994)); of. United States v. Locascio, 6 F.3d 924, 931 (2d Cir.1993) (<HOLDING>); United States v. Arrington, 867 F.2d 122, 129 Options: A. holding that defendants waiver was knowing and intelligent even when police withheld information from defendant that his attorney sought to consult with him B. holding a waiver of a substantial constitutional right must be a voluntary knowing and intelligent act C. recognizing requirement of knowing intelligent waiver D. recognizing courts discretion to reject knowing and intelligent waiver when attorney conflict infects the integrity of judicial proceedings E. holding that a defendants waiver of the right to testify must be knowing informed and intelligent

assistant: The best answer is D. recognizing courts discretion to reject knowing and intelligent waiver when attorney conflict infects the integrity of judicial proceedings
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 error coram nobis. See United States v. Morgan, 346 U.S. 502, 506-07, 512-13, 74 S.Ct. 247, 98 L.Ed. 248 (1954) (noting the continued viability of the writ of error coram nobis under the All Writs Act, 28 U.S.C. § 1651(a) (2006), and affirming a district court’s issuance of a writ of error coram nobis to vacate a conviction after the completion of the petitioner’s term of imprisonment); United States v. Mandel, 862 F.2d 1067, 1075 (4th Cir.1988) (same). The district court’s error was harmless because Hernandez-Monreal’s petition was ultimately meritless. Hernandez-Monreal relied upon the United States Supreme Court’s recent decision in Padilla v. Kentucky to argue ineffective assistance of counsel. See Padilla v. Kentucky, 599 U.S. -, 130 S.Ct. 1473, 1486, 176 L.Ed.2d 284 (2010) (<HOLDING>). The record, however, shows that during his Options: A. holding counsel must inform her client whether his plea carries a risk of deportation B. holding that trial counsel had a duty to inform client who is a resident legal alien whether his guilty plea carries a risk of deportation C. holding statements during voir dire and oral motion in limine were merely opaque references to deportation but silent about whether appellant was actually informed that a guilty plea could result in his deportation and insufficient to support inference appellant knew consequences of his plea D. holding that an attorneys filing a notice of appearance on behalf of his or her client constitute a waiver of service of process by the client E. holding record insufficient to support inference appellant knew consequences of his plea when record is silent about whether appellant was actually informed that a guilty plea could result in his deportation

assistant: The best answer is A. holding counsel must inform her client whether his plea carries a risk of deportation