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: checkpoint. He asserts that the defendants unconstitutionally retaliated against his exercise of that right when they arrested him for doing so. The district court dismissed this claim after finding it was reasonable to restrict filming at an airport security checkpoint, a nonpublic forum. The defendants add that they are entitled to qualified immunity because they reasonably believed they had probable cause to arrest Mocek, and at the time of the arrest, it was not clearly established that plaintiffs could maintain retaliation claims for arrests supported by probable cause. We agree. To state a First Amendment retaliation claim, a plaintiff must allege “(1) he was engaged in constitutionally protected activity, (2) the government’s actions caused him injury that w (3d Cir.2010) (<HOLDING>); McCormick v. City of Lawrence, 130 Fed.Appx. Options: A. holding that police officer may order passengers to remain in vehicle with hands up during traffic stop B. holding police officers making a traffic stop could order passengers out of the stopped car C. holding that police officers may stop vehicles when they observe minor traffic violations D. holding there was no clearly established right to videotape police officers during a traffic stop E. holding the right to record police activity on public property was not clearly established

assistant: The best answer is D. holding there was no clearly established right to videotape police officers during a traffic stop
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: Such Warrantholder has sole dispositive and voting authority over the Warrants held by it, and has all requisite legal authority to execute and deliver this Agreement, to sell and deliver such Warrants, and to carry out and perform all of such Warrantholder’s obligations under this Agreement. This Agreement has been duly executed and delivered by such Warrantholder, constitutes such Warrantholder’s valid and binding obligation, and is enforceable in accordance with its terms. Such Warrantholder has the capacity to act on such Warrantholder’s own behalf and on behalf of all who might claim through such Warrantholder to bind them to the terms and conditions of this Agreement. Such Warrantholder has never filed any petition under applicable bankruptcy laws, no such petition has ever been filed involuntarily against such Warrantholder, no custodian or receiver has ever been appointed with respect to such Warrantholder’s assets, and such Warrantholder is not now insolvent (before giving effect to the sale of such Warrants). The execution, delivery and performance of this Agreement by such Warrantholder will not result in a violation of, or constitute a default under, any will, trust, agreement or other instrument to which such Warrantholder is a party or is bound. There is no pending or threatened litigation involving such Warrantholder’s Warrants or to which such Warrants may be subject.

assistant: Authority
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 representation or warranty made by any Loan Party in this Agreement or in any financial statement, report, certificate or any other document furnished in connection herewith or therewith contains any untrue statement of a material fact or omits to state any material fact necessary to make the statements herein or therein not misleading. There is no fact known to any Loan Party or any Subsidiary or which reasonably should be known to such Loan Party or Subsidiary which such Loan Party has not disclosed to each Agent in writing with respect to the transactions contemplated by this Agreement which could reasonably be expected to have a Material Adverse Effect.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: During the Employment Period, except as specifically provided herein, (i) the Executive shall be entitled to participate in all savings and retirement plans, practices, policies and programs of the Company that are made available generally to other senior executive officers of the Company, including the IMS Health Retirement Plan, the IMS Health Savings Equalization Plan, and the IMS Health Retirement Excess Plan (in each case, or any successor plan), but excluding the IMS Health Defined Contribution Executive Retirement Plan and those plans maintained for legacy employees of Quintiles Transnational Holdings Inc., (ii) the Executive shall be entitled to be reimbursed up to $50,000 per year in the aggregate for home security and financial and estate planning expenses, tax preparation services and executive physical exams, (iii) the Executive shall be entitled to use a Company-leased automobile and be reimbursed for operating expenses relating to such automobile, (iv) the Executive shall be entitled to use the Company’s aircraft for business use and for up to 150 hours per year of personal use, subject, in the case of personal use, to the business needs of the Company, and the Executive’s family may accompany the Executive on any such travel, and (v) the Executive and/or the Executive’s family, as the case may be, shall be eligible for participation in, and shall receive all benefits under, all of the Company’s welfare benefit plans, practices, policies and programs, including, but not limited to, its disability and health insurance plans and vacation/sick/personal days provided by the Company, which are made available generally to other senior executive officers of the Company (for the avoidance of doubt, such plans, practices, policies or programs shall not include any plan, practice, policy or program which provides benefits in the nature of severance or continuation pay), subject, in each case, to the terms and conditions of the applicable Company plan, practice, policy or program and subject, in the case of any reimbursement, to the Company’s policies and procedures now in force or as such policies and procedures may be modified with respect to all senior executive officers of the Company.

assistant: Benefits
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 division of this Agreement into Articles, Sections and other subdivisions and the insertion of headings are for convenience of reference only and shall not affect or be utilized in construing or interpreting this Agreement. All references in this Agreement to any “Article”, “Section” or other subdivision are to the corresponding Article, Section or other subdivision of this Agreement unless otherwise specified.

assistant: Headings
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: Grp., Inc., 529 U.S. 803, 816, 120 S.Ct. 1878, 146 L.Ed.2d 865 (2000)). 12 . 558 U.S. at 359, 130 S.Ct. 876; see also McCutcheon, 134-S.Ct. at 1441; Lair, 798 F.3d at 746-47 n.7 ("But to the extent Citizens United left that question open, McCutcheon confirmed that quid pro quo corruption of its appearance are the only interests that can support contribution restrictions.”). 13 . McCutcheon, 134 S.Ct. at 1441 (citing Citizens United, 558 U.S. at 359, 130 S.Ct. 876). 14 . Id. (quoting FEC v. Nat’l Conservative Political Action Comm., 470 U.S. 480, 497, 105 S.Ct. 1459, 84 L.Ed.2d 455 (1985)). 15 . McCutcheon, 134 S.Ct. at 1441 (quoting Arizona Free Enter. Club's Freedom Club PAC v. Bennett, 564 U.S. 721, 131 S.Ct. 2806, 2826, 180 L.Ed.2d 664 (2011)); see also Thaiheimer, 645 F.3d at 1119 (<HOLDING>). 16 . Alaska Stat. 15.13.070(b)(1). 17 . See Options: A. holding citizens lacked standing to challenge statute when all citizens affected in the same way B. recognizing that citizens united narrowed the scope of the anticorruption rationale to cover quid pro quo corruption only as opposed to money spent to obtain influence over or access to elected officials quoting another source C. holding that it is always appropriate to assume that our elected representatives like other citizens know the law D. holding that the right to associate with others as a military company is not a privilege of citizens of the united states E. holding that the government has a substantial interest in requiring candidates to disclose the sources of campaign contributions to provide the electorate with information about the interests to which a candidate is most likely to be responsive to deter actual corruption and avoid the appearance of corruption and to detect violations of the contribution limitations

assistant: The best answer is B. recognizing that citizens united narrowed the scope of the anticorruption rationale to cover quid pro quo corruption only as opposed to money spent to obtain influence over or access to elected officials quoting another source
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: Axiom is a corporation duly organized, validly existing, and in good standing under the laws of the State of Nevada and has the corporate power and is duly authorized under all applicable laws, regulations, ordinances, and orders of public authorities to carry on its business in all material respects as it is now being conducted. Horizon is a company duly organized and existing in good standing under the laws of the Cayman Islands. The execution and delivery of this Agreement does not, and the consummation of the transactions contemplated hereby will not, violate any provision of Axiom’s or Horizon’s certificate of incorporation or bylaws. Axiom and Horizon have taken all action required by law, its certificate of incorporation, its bylaws, or otherwise to authorize the execution and delivery of this Agreement, and Axiom has full power, authority, and legal right and has taken all action required by law, its certificate of incorporation, bylaws, or otherwise to consummate the transactions herein contemplated.

assistant: Organizations
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: omitting any lengthy recitation of various types of successors in interest and containing the additional phrase “who are or might be liable.” In our own case of Hodges v. United States Fidelity & Guaranty Co., 91 A.2d 473, 476 (D.C.1952), we were interpreting a Maryland release of the "Payer [released party] and all other persons, firms, and corporations, both known and unknown.” None of the other release forms appear to have contained the instruction in parentheses contained the Gordon release form. Thus, it is possible that a Maryland court would find the language of the release form before us not to be conclusive, despite its acknowledged strictness of approach. Cf. Stefan v. Chrysler Corp., 472 F.Supp. 262 (D.Md.1979), aff’d without published opinion, 622 F.2d 587 (4th Cir.1980) (<HOLDING>). 8 . We have applied this general principle in Options: A. recognizing rule B. recognizing strictness of maryland rule in a diversity case C. holding in the context of a diversity case that the evidentiary effect accorded the violation of a safety rule is a matter of state law D. holding that a maryland court could exercise jurisdiction over an outofstate hospital that provided services to maryland residents and registered as a maryland provider designating itself as a liver transplant referral center E. holding that state law provides the standard of review for a denial of a rule 50 motion in a diversity case

assistant: The best answer is B. recognizing strictness of maryland rule in a diversity case
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: No waiver by a Party of any breach by the other Party of any provision of this Agreement shall be deemed a waiver of any preceding or succeeding breach of the same or any other provisions hereof. No such waiver shall be effective unless in writing and then only to the extent expressly set forth in writing.

assistant: 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: Read the legal provision and list the applicable contract clause categories. Provision: In the event that any provision of this Agreement, the Note, the Warrant or any other agreement or instrument delivered in connection herewith is invalid or unenforceable under any applicable statute or rule of law, then such provision shall be deemed inoperative to the extent that it may conflict therewith and shall be deemed modified to conform with such statute or rule of law. Any such provision which may prove invalid or unenforceable under any law shall not affect the validity or enforceability of any other provision of this Agreement, the Note, or any other agreement, certificate, instrument or document contemplated hereby or thereby.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: No waiver of the provisions hereto shall be effective unless in writing and signed by the Party to be charged with such waiver. No waiver shall be deemed to be a continuing waiver in respect of any subsequent breach or default either of similar or different nature unless expressly so stated in writing. No failure or delay on the part of either Party in exercising any power or right under this Agreement shall be deemed to be a waiver, nor does any single or partial exercise of any power or right preclude any other or further exercise, or the exercise of any other power or right.

assistant: 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: Read the legal provision and list the applicable contract clause categories. Provision: No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions of this Agreement (whether or not similar) nor shall such a waiver constitute a continuing waiver.

assistant: 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: Read the legal provision and list the applicable contract clause categories. Provision: The representations, warranties and covenants of Buyer set forth in this Agreement are remade as of the Closing Date and shall not be deemed to be merged into or waived by the instruments of Closing and shall survive after the Closing Date.

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 Seller represents that there is no pending proceeding against it that involves the Shares or that challenges, or may have the effect of preventing, delaying or making illegal, or otherwise interfering with, any of the transactions contemplated by this Agreement, and, to the Knowledge of the Seller, no such proceeding has been threatened.

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: extensively. On voir dire, Timmons and Allen testified that the State had not offered and that they did not expect leniency in exchange for their testimony. They denied any expectation of leniency in return for their testimony and there was no basis for any expectation of leniency. The trial judge ruled Ebb’s proposed cross-examination inadmissible. On the other hand, the judge allowed Ebb to cross-examine House-Bowman about his pending charges because he had some subjective expectation of leniency. Applying the principles of Watkins to the instant case, we conclude that the trial judge did not abuse his discretion in precluding the Petitioner from cross-examining the witnesses about their pending charges before the jury. See Gutierrez v. State, 681 S.W.2d 698, 705-07 (Tex.Ct.App.1984) (<HOLDING>); State v. Grace, 648 So.2d 1306, 1307-09 Options: A. holding that the trial judge retains the discretion to exclude dna evidence if errors in the laboratory procedures render it so unreliable that it would not be helpful to the trier of fact but that trial court did not abuse its discretion by admitting that evidence B. holding that a trial judge has discretion to exclude evidence of pending charges and that where the defendant was given a full opportunity outside the presence of the jury to develop a foundation for bias but failed to do so the trial judge did not abuse its discretion C. holding it was not an abuse of discretion to exclude testimony D. recognizing the range of discretion of the trial judge E. holding that the trial court did not abuse its discretion by denying the appellants motion for change of judge where the appellant failed to demonstrate actual bias

assistant: The best answer is B. holding that a trial judge has discretion to exclude evidence of pending charges and that where the defendant was given a full opportunity outside the presence of the jury to develop a foundation for bias but failed to do so the trial judge did not abuse its discretion
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: Company shall pay Executive an annual salary of U.S. Five Hundred Twenty Five Thousand and 00/100 Dollars ($525,000) (“Base Salary”), less all applicable legal deductions and/or withholding. Base Salary shall be payable in accordance with Company’s policies or practices in effect from time to time, but in any event no less frequently than monthly. The Base Salary shall be reviewed annually by the Human Resources Committee of the Company’s Board of Directors (the “Board”) for possible increase (but not decrease); the Human Resources Committee may, in its sole discretion, choose to increase the Base Salary during the Employment Period. If the Base Salary is increased by the Company, such Base Salary then constitutes the Base Salary for all purposes of this Agreement.

assistant: Base Salary
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 term or provision of the Award Documentation is or becomes or is deemed to be invalid, illegal or unenforceable in any jurisdiction or under any applicable law, rule or regulation, then such provision shall be construed or deemed amended to conform to applicable law (or if such provision cannot be so construed or deemed amended without materially altering the purpose or intent of the Award Documentation and the grant of Stock Units hereunder, such provision shall be stricken as to such jurisdiction and the remainder of the Award Documentation and the Award hereunder shall remain in full force and effect).

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: Inc., 575 F.2d 62, 66 (3d Cir.1978); Novelty Textile Mills v. Joan Fabrics Corp., 558 F.2d 1090, 1093 n. 3 (2d Cir.1977). 7 .The rationale for this rule, as Judge Aldrich stated, is that "to permit copyrighting [in that case] would mean that a party or parties, by copyrighting a mere handful of forms [of expression], could exhaust all possibilities of future use of the substance ... [and thus] the subject matter would be appropriated by permitting the copyrighting of its expression. We cannot recognize copyright as a game of chess in which the public can be checkmated.” Morrissey v. Procter & Gamble Co., 379 F.2d 675, 678-79 (1st Cir.1967). 8 . As an example of where dissection was improperly used, see Apple Barrel Productions Inc. v. Beard, 730 F.2d 384, 387-88 (5th Cir.1984) (<HOLDING>). 9 .For example, the court may find that the Options: A. holding that consideration supports the agreement as a whole B. holding that the district court erred when it failed to consider the presumption of irreparable harm C. holding district court erroneously failed to consider copyrighted show as a whole D. holding that district court did not abuse its discretion in denying a motion to strike when movant failed to show prejudice E. holding appellate courts must consider the trial courts jury charge as a whole

assistant: The best answer is C. holding district court erroneously failed to consider copyrighted show as a whole
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: At the Closing, the Company shall reimburse Buyer for expenses incurred by them in connection with the negotiation, preparation, execution, delivery and performance of this Agreement and the other agreements to be executed in connection herewith ( “ Documents ” ), including, without limitation, reasonable attorneys ’ and consultants ’ fees and expenses, transfer agent fees, fees for stock quotation services, fees relating to any amendments or modifications of the Documents or any consents or waivers of provisions in the Documents, fees for the preparation of opinions of counsel, escrow fees, and costs of restructuring the transactions contemplated by the Documents. When possible, the Company must pay these fees directly, otherwise the Company must make immediate payment for reimbursement to the Buyer for all fees and expenses immediately upon written notice by the Buyer or the submission of an invoice by the Buyer. It is understood that at Closing, the only expenses shall be as indicated in the disbursement memo, however, the Company shall be responsible for post-closing expenses relating to the issuing and delivering of shares issuable upon conversion of the Note.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: As used in the Agreement, the Appendices and the Award Communication, the following terms will have the respective meanings set forth below, and other capitalized terms used in the Agreement, the Appendices or the Award Communication will have the respective meanings given such capitalized terms in the Agreement, the Appendices, the Award Communication or the Plan.

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 legal provision and list the applicable contract clause categories. Provision: Each party agrees that, should any court or other competent Governmental Entity hold any provision of this Agreement or part hereof to be invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such other term or provision in any other jurisdiction. Upon such determination that any term or other provision is invalid, illegal or unenforceable, the parties hereto shall negotiate in good faith to modify this Agreement so as to effect the original intent of the parties as closely as possible in a mutually acceptable manner in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible. Except as otherwise contemplated by this Agreement, in response to an order from a court or other competent Governmental Entity for any party to take any action inconsistent herewith or not to take an action consistent herewith or required hereby, to the extent that a party hereto took an action inconsistent with this Agreement or failed to take action consistent with this Agreement or required by this Agreement pursuant to such order, such party shall not incur any liability or obligation unless such party did not in good faith seek to resist or object to the imposition or entering of such order.

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: (footnotes omitted). Despite the strictness of this rule, our Court has recognized that the district court’s failure to provide notice may be harmless error. Nowlin v. Resolution Trust Corp., 33 F.3d 498, 504 (5th Cir.1994). Nowlin held that error arising from the district court’s sua sponte grant of summary judgment may be harmless when the “nonmovant has no additional evidence or if all of the nonmovant’s additional evidence is reviewed by the appellate court and none of the evidence presents a genuine issue of material fact.” Id. In this case, Ross’ allegation that Briner’s and Gaertner’s compensation practices deprived him of Due Process does not state a cognizable constitutional claim. Dorsett v. Board of Trustees for State Colleges & Universities, 940 F.2d 121, 123 (5th Cir.1991) (<HOLDING>).. Similarly, and by analogy to our Title VII Options: A. holding that complaints challenging teaching assignments pay increases administrative matters and departmental procedures do not rise to the level of a constitutional deprivation B. holding that a violation of a state statute regarding the swearing of criminal complaints does not give rise to constitutional liability C. holding that conduct actionable as state claim for defamation does not rise to level of liberty deprivation simply because government officials are involved D. holding that harassment or discrimination does not rise to the level of persecution under the ina unless it is accompanied by physical punishment infliction of harm or significant deprivation of liberty E. holding that state statutes which merely establish procedures and do not mandate any particular substantive result do not give rise to a statecreated liberty interest

assistant: The best answer is A. holding that complaints challenging teaching assignments pay increases administrative matters and departmental procedures do not rise to the level of a constitutional deprivation
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 Administrator may not, without first obtaining stockholder approval: (A) modify or amend an Option or Stock Appreciation Right to reduce the exercise price of such Option or Stock Appreciation Right after it has been granted (except for adjustments made pursuant to Section 16), or (B) cancel any outstanding Option or Stock Appreciation Right and immediately replace it with a new Option or Stock Appreciation Right with a lower exercise price. This will include, without limitation, a repricing of the Option or Stock Appreciation Right as well as an exchange program whereby the Participant agrees to cancel an existing Option or Stock Appreciation Right in exchange for an Option, Stock Appreciation Right or other Award.

assistant: Modifications
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 failure on the part of a party hereto to exercise and no delay in exercising any right hereunder shall operate as a waiver thereof nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. Remedies herein provided are cumulative and not exclusive of any remedies provided by law.

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: Read the legal provision and list the applicable contract clause categories. Provision: No Person will have, as a result of the transactions contemplated by the Transaction Documents, any valid right, interest or claim against or upon the Company, any Subsidiary thereof or any Investor for any commission, fee or other compensation pursuant to any agreement, arrangement or understanding entered into by or on behalf of such Investor.

assistant: Brokers
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: 398 U.S. 434 90 S.Ct. 1884 26 L.Ed.2d 385 Donald P. WALKERv.OHIO. No. 1470. Supreme Court of the United States June 15, 1970 PER CURIAM. 1 The judgment of the Supreme Court of Ohio is reversed. Redrup v. New York, 386 U.S. 767, 87 S.Ct. 1414, 18 L.Ed.2d 515 (1967). 2 Mr. Chief Justice BURGER, dissenting. 3 The trial court, endeavoring to apply the standards articulated by this Court, held that the materials in question are obscene within the meaning of the relevant Ohio statute. This conclusion rested on findings that the materials are patently offensive to contemporary community standards relating to the description or representation of sexual matters; that, when taken as a whole, their dominant theme appeals to the prurient interest of the reader; and that they are utterly without redeeming social value. The Ohio appellate courts declined to disturb that judgment. Yet today the Court reverses citing only Redrup. 4 I dissent from such a summary disposition, not only for the reasons expressed in my dissenting opinion in Cain v. Kentucky, 397 U.S. 319, 90 S.Ct. 1110, 25 L.Ed.2d 335 (1970), but also because I find no justification, constitutional or otherwise, for this Court's assuming the role of a supreme and unreviewable board of censorship for the 50 States, subjectively judging each piece of material brought before it without regard to the findings or conclusions of other courts, state or federal. That is not one of the purposes for which this Court was established. 5 Mr. Justice HARLAN, for reasons expressed in his opinions in Roth v. United States, 354 U.S. 476, 496, 77 S.Ct. 1304, 1 L.Ed.2d 1498 (1957); Jacobellis v. Ohio, 378 U.S. 184, 203, 84 S.Ct. 1676, 12 L.Ed.2d 793 (1964); and A Book Named 'John Cleland's Memoirs of a Woman of Pleasure' v. Attorney General or Com. of Massachusetts, 383 U.S. 413, 455, 86 S.Ct. 975, 16 L.Ed.2d 1 (1966), would leave the judgment of the state court undisturbed. 6 Mr. Justice MARSHALL and Mr. Justice BLACKMUN took no part in the consideration or decision of this case.

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 case excerpt and choose the best holding from the options. Case excerpt: 1. A person commits the crime of murder in the first degree if he knowingly causes the death of another person after deliberation upon the matter. 2. Murder in the first degree is a class A felony, and the punishment shall be either death or imprisonment for life without eligibility for probation or parole, or release except by act of the governor; except that, if a person has not reached his sixteenth birthday at the time of the commission of the crime, the punishment shall be imprisonment for life without eligibility for probation or parole, or release except by act of the governor. § 565.020, RSMo Cum.Supp.1992. At the time of trial in 2011, Williams was not eligible for the death penalty due to his age, see Roper v. Simmons, 543 U.S. 551, 125 S.Ct. 1183, 161 L.Ed.2d 1 (2005) (<HOLDING>). Therefore, the only other punishment Options: A. holding that the death penalty was categorically prohibited for juvenile offenders B. recognizing that virtually all of the studies show that relatively few juvenile sex offenders are charged with a subsequent sex crime and sexual recidivism of juvenile sexual offenders posttreatment was very rare C. holding that the death penalty is unconstitutional as applied to juvenile defendants D. holding that leaning towards the death penalty is not the same as an automatic vote for the death penalty E. holding that defendant may be subject to death penalty on resentencing

assistant: The best answer is A. holding that the death penalty was categorically prohibited for juvenile offenders
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: construed, however, the record is clear that the district court was fully aware of both Jones’s role in the conspiracy and his arguments regarding the proper effect of his prior incarceration on his sentence when it denied resentencing. See Crosby, 397 F.3d at 113 (finding no “rigorous requirement of specific articulation by the sentencing judge” of its consideration of the § 3553(a) sentencing factors). Jones argues that the district court erred proeedurally by failing to consider his post-sentencing rehabilitation. A district court on a Crosby remand, however, is obligated to consider whether to resentence based on “the circumstances existing at the time of the original sentence.” Crosby, 397 F.3d at 117 (emphasis added); United States v. Ferrell, 485 F.3d 687, 688-89 (2d Cir.2007) (<HOLDING>). Jones’s argument that the district court Options: A. holding district courts may consider rehabilitation when deciding whether to impose a more lenient sentence at a defendants resentencing B. holding that the district court did not abuse its discretion in excluding hearsay evidence and evidence that violated the best evidence rule in deciding a summary judgment motion C. holding that a district court is not to consider evidence of postconviction rehabilitation in deciding whether to resentence under crosby D. holding that resentencing should consider all sentencing arguments and remanding for court to consider defendants argument for downward departure based on postconviction rehabilitation E. holding that the district court may consider evidence of a defendants postsentence rehabilitation and that such evidence may support a downward variance from the federal sentencing guidelines

assistant: The best answer is C. holding that a district court is not to consider evidence of postconviction rehabilitation in deciding whether to resentence under crosby
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: Yagman, Thomas’s attorney. See United States v. Jacobs, 855 F.2d 652, 656 n.2 (9th Cir. 1988) (per curiam) (citing United States v. Burt, 765 F.2d 1364, 1368 (9th Cir. 1985)). 2. Thomas also contends that the district court erred when it dismissed the FAC, which alleged constitutional claims and civil RICO claims. But, Thomas’s opening brief presented no argument or record citations to support his contention that the court erred when it dismissed his constitutional claims. Therefore, Thomas waived these claims on appeal. See Nilsson, Robbins, Dalgarn, Berliner, Carson & Wurst v. La. Hydrolec, 854 F.2d 1538, 1548 (9th Cir. 1988) (per curiam); Ninth Circuit Rule 28—1(b); Fed. R. App. P. 28(a)(8)(A); see also Ashcroft v. Iqbal, 556 U.S. 662, 687, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009) (<HOLDING>). And, the district court did not err when it Options: A. holding that mere recitation of bare elements of a cause of action is insufficient to survive dismissal B. holding that the bare assertion that a dismissal without prejudice was favorable to the plaintiff was insufficient to survive a motion to dismiss C. holding that a mere allegation of fraud is insufficient to survive a motion to dismiss pursuant to the pslra D. holding that mere continuity of employment is insufficient to prolong the life of a cause of action E. holding that dismissal is proper for a derivative cause of action but not for a direct cause of action

assistant: The best answer is A. holding that mere recitation of bare elements of a cause of action is insufficient to survive dismissal
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: in no event shall rovio 's , rovio 's affiliates ' , rovio 's licensors ' or channel partners ' liability for all damages ( except as required by applicable law ) exceed the actual price paid by you for use of the rovio services or five euros ( eur 5 ) , whichever less .

assistant: Limitation of liability
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: Executive shall be entitled to participate in the Company employee benefit plans and programs, subject to applicable eligibility and enrollment requirements, as made available to other executives of the Company. During the Term, the Company shall pay for and provide Executive access to a yearly thorough executive health screen at the Cooper Clinic in Dallas, Texas, or its equivalent of Executive’s choice located elsewhere.

assistant: Benefits
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: forth in paragraph (2). (2) Except as otherwise prescribed by general rules, or by order of the United States court, such transfer may be effected by filing a certified transcript of the final judgment of the United States court and the related pleadings in a court ... of this Commonwealth. The pleadings shall have the same effect as under the practice in the United States court, but the transferee court ... may require that they be amended to conform to the practice in this Commonwealth. 42 Pa.C.S.A. § 5103(a), (b)(1) — (2) (emphasis added). 9 .We also reject any assertion that Appellant’s effort to have the transcripts from the federal proceedings admitted wholesale by the PCRA court constitutes proper transfer under the statute. Appellant’s request was made to avoid the App.1999) (<HOLDING>); Martinez v. State, 130 Idaho 530, 944 P.2d Options: A. holding trial court did not abuse its discretion in finding the date of filing the petition for dissolution as the valuation date for equitable distribution B. holding statute of limitations for filing petition for postconviction relief not tolled by general savings statute tolling limited to reasons enumerated in state postconviction relief act C. holding that the limitations period in section 1640e runs from the date of consummation of the transaction D. holding limitations period for filing petition for postconviction relief runs from date of final judgment not from date of subsequent order revoking appeal bond E. holding fiveyear limitation period in 28 usc 2462 runs from date of predicate violation not from date of administrative assessment of sanction

assistant: The best answer is D. holding limitations period for filing petition for postconviction relief runs from date of final judgment not from date of subsequent order revoking appeal bond
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF RELATED TO THIS AGREEMENT OR THE TRANSACTIONS.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Plan, the Notice of Grant, and the Stock Option Agreement are incorporated herein by reference. This Agreement, the Plan, the Notice of Grant, the Stock Option Agreement, and the Investment Representation Statement constitute the entire agreement of the parties and supersede in their entirety all prior undertakings and agreements of the Corporation and the Optionee with respect to the subject matter hereof.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: termination decision is a viable alternative that would conform with the routine functioning of the Department and the district court. See, e.g., § 32A-4-22(C); NMSA 1978, § 32A-4-25 (2009); NMSA 1978, § 32A-4-25.1 (2009). Mother’s Due Process Argument Is Unpersuasive Under the facts in this case, we are not persuaded that the district court’s aggravated circumstances finding, while a prior termination was pending on appeal, engendered a risk of an erroneous deprivation of Mother’s parental rights. The aggravated circumstances finding did not condemn her to failure or lay the ground work for the inevitable termination of her parental rights to Child. Mother was free, on her own behalf, to engage in efforts toward reunification, yet she failed to do so. See Amy B., 2003-NMCA-017, ¶ 5 (<HOLDING>). For example, among other things, Mother Options: A. holding in termination of fathers rights that evidence was sufficient to support finding children were removed for abuse or neglect when previous decree reflected trial court made findings that children were removed from mother under chapter 262 for abuse or neglect B. holding that fundamental error occurred in the prosecution of a mother for aggravated manslaughter of her child when the prosecutor commented on the fact that the mother had contemplated having an abortion during the course of her pregnancy with the child C. recognizing that notwithstanding a finding of aggravated circumstances the mother was not precluded from making efforts on her own behalf in an attempt to alleviate the conditions that led to the abuse and neglect D. holding that evidence was sufficient to support trial courts best interest finding where mother allowed child to be in contact with individual who had physically abused her mother was not capable of caring for child on her own mother admitted at trial she had not found stable employment and child was doing well in her current placement E. holding a mother on appeal must successfully challenge a trial courts finding that there was no substantial and continuing change of circumstances of the children or mother before she can succeed on her claim that the trial court erred in overruling her motion to modify custody

assistant: The best answer is C. recognizing that notwithstanding a finding of aggravated circumstances the mother was not precluded from making efforts on her own behalf in an attempt to alleviate the conditions that led to the abuse and neglect
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 the Aggregate Revolving Commitments are increased or any tranche of Incremental Term Loans is extended in accordance with this Section, the Administrative Agent and the Borrower shall determine the effective date (the “ Increase Effective Date ”) and the final allocation of such increase or tranche, as the case may be. The Administrative Agent shall promptly notify the Borrower and the Lenders of the final allocation of such increase or tranche, as the case may be, and the Increase Effective Date.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: you will not use , copy , adapt , modify , decompile , reverse-engineer , disassemble , decrypt , attempt to derive the source code of , prepare derivative works based upon , distribute , license , sell , rent , transfer , publicly display , publicly perform , transmit , stream , broadcast or otherwise exploit the software and content , except as expressly permitted by oculus or as permitted under applicable law .

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: No Seller Party nor any Subsidiary of any Seller is a party to any agreement, instrument, or indenture or subject to any restriction materially and adversely affecting its business, operations, assets or financial condition, except as disclosed in the financial statements described in Section 13(a)(5) hereof. No Seller Party nor any Subsidiary of any Seller Party is in default in the performance, observance or fulfillment of any of the obligations, covenants or conditions contained in any agreement, instrument, or indenture which default could have a material adverse effect on the business, operations, properties, or financial condition of any Seller Party as a whole. No holder of any indebtedness of any Seller Party or of any of its Subsidiaries has given notice of any asserted default thereunder.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Option shall not be assignable by Optionee without the express written consent of Company or in accordance with the Plan. The Company will maintain records of all stock option grants and exercises. In the event this Grant Certificate and such records do not agree, such records shall control.

assistant: Assignments