flwrlabs/fed-legal huggingface dataset:
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: All notices, requests and other communications to any party hereunder shall be given in the manner prescribed in Section 13.1. of the Loan Agreement with respect to the Administrative Agent at its notice address therein and, with respect to any Guarantor, in the care of the Borrower at the address of the Borrower set forth in the Loan Agreement, or such other address or telecopy number as such party may hereafter specify for such purpose in accordance with the provisions of Section 13.1. of the Loan Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All notices, requests, demands, waivers and other communications required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given if ( a ) delivered personally with receipt acknowledged, ( b ) mailed by first-class, registered or certified mail, return receipt requested, postage prepaid, or ( c ) sent by next-day or overnight mail or delivery.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: explanation that any such discrepancy was a result of miscommunication with his lawyer. See Majid,i v. Gonzales, 430 F.3d 77, 80-81 (2d Cir.2005). Hariyanto argues that he corrected the error regarding his religion with the asylum officer during his asylum interview, but he failed to exhaust this contention before the BIA and the Government has raised this failure to exhaust in its brief; we therefore decline to consider this issue. See Lin Zhang v. U.S. Dep’t of Justice, 480 F.3d 104, 119-20 (2d Cir.2007) (describing the issue exhaustion requirement as an “affirmative defense subject to waiver”). The adverse credibility finding was also based on Hariyanto’s failure to submit sufficient evidence corroborating his claim. See Biao Yang v. Gonzales, 496 F.3d 268, 273 (2d Cir.2007) (<HOLDING>); see also Maladho Djehe Diallo v. Gonzales, Options: A. recognizing that an applicants failure to corroborate his or her testimony may bear on credibility because the absence of corroboration in general makes an applicant unable to rehabilitate testimony that has already been called into question B. recognizing distinction made in maynard that one accomplices outofcourt statement may corroborate the incourt testimony of another accomplice but outofcourt testimony of a testifying accomplice cannot be used to corroborate his own testimony C. holding that a failure to corroborate ones testimony with supporting evidence cannot form the sole basis for an adverse credibility determination D. holding that when the ij has reason to question an aliens credibility material and easily available corroboration may be required E. holding that an ij may not use general information contained in a state department report to discredit specific testimony regarding an applicants personal experience

assistant: The best answer is A. recognizing that an applicants failure to corroborate his or her testimony may bear on credibility because the absence of corroboration in general makes an applicant unable to rehabilitate testimony that has already been called into question
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement constitutes the final, entire, and integrated agreement between the Parties with respect to the subject matter hereof, and supersedes any and all other agreements or communications, whether prior or contemporaneous, and whether written or oral, regarding the terms of the settlement set forth herein.

assistant: Integration
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: best to appropriate FMLA monies. Cf. Gonzaga Univ. v. Doe, 536 U.S. 273, 280, 122 S.Ct. 2268, 153 L.Ed.2d 309 (2002) (explaining that “unless Congress speaks with a clear voice, and manifests an unambiguous intent to confer individual rights, federal funding provisions provide no basis for private enforcement” (internal brackets and quotations omitted)). The right which Plaintiffs assert and which § 191 purportedly protects is so indeterminate that any effort to enforce it by essentially telling the State legislature to “pass a statute” — Plaintiffs requested remedy — would strain judicial competence and represent an unwarranted intrusion upon State sovereignty in tension with the Tenth Amendment. Cf. New York v. United States, 505 U.S. 144, 162, 112 S.Ct. 2408, 120 L.Ed.2d 120 (1992) (<HOLDING>). An array of legislative decisions might Options: A. holding that a state agency created under state law was a state actor B. holding that where a conflict between state and federal law is alleged it must be reasonable to conclude that congress would have intended to preclude the state law in question since it would make little sense to preempt state law in order to serve the purposes underlying federal legislation if congress itself would not require or admit of preemption of state authority C. holding that the federal due process clause protects a state employee who under state law has a legitimate claim of entitlement to state employment D. holding congress may not commandeer the state legislative process by requiring a state legislature to enact a particular kind of law E. holding that congress may not direct a state to enact or enforce a particular law or type of law

assistant: The best answer is D. holding congress may not commandeer the state legislative process by requiring a state legislature to enact a particular kind of law
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the future because she continues to own and operate Helping Hands and intends to remain in the childcare services profession. Docket No. 17 at ¶ 112. She posits no other basis for establishing her standing to seek prospective relief against the Secretary. Docket No. 26 at 6-9. Her status as the owner and operator of a child-care facility does not provide her with standing to seek the declaratory and injunctive relief that she seeks. Mosby v. Ligon, 418 F.3d 927, 933-934 (8th Cir.2005) (recognizing that an attorney’s status as a member of the bar does not afford him or her standing to prospectively attack the implementation of the professional disciplinary procedures applicable to attorneys practicing in a particular jurisdiction); Brown v. Fauver, 819 F.2d 395, 400, n. 5 (3d Cir.1987) (<HOLDING>). Burns does not allege that she has been Options: A. holding that counsel cannot raise his or her own ineffectiveness B. holding that plaintiff must on his or her own initiative prove that the product reached him or her without substantial change C. holding that for a legal malpractice claim to accrue a plaintiff need not know the precise extent of his or her damages or even have suffered all of the damages attributable to his or her attorneys negligence D. holding that a prisoner cannot establish his or her standing to prospectively challenge the validity of a facilitys disciplinary procedures simply by referring to his or her status as an individual incarcerated in that facility E. holding that an expert can comply with the timing requirement if an experts research even after his or her deposition revealed that the standard of care in his or her community was the same or similar to the standard of care in the community in which he or she is testifying when the injury occurred

assistant: The best answer is D. holding that a prisoner cannot establish his or her standing to prospectively challenge the validity of a facilitys disciplinary procedures simply by referring to his or her status as an individual incarcerated in that facility
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: 22, 2011, prior to the Legislature’s revision of section 1700(a)(1), we address the elements of the crime in effect at that time of the act. See Collins v. Youngblood, 497 U.S. 37, 45-46, 110 S. Ct. 2715, 111 L. Ed. 2d 30 (1990) (the United States Constitution prohibits imposing punishment for an act that was not punishable at the time it was committed). 6 Although Melendez testified that J.J. was not married at the time of the first trial, there was no direct evidence that J.J. was not married at the time of the offense. 7 Although this Court has previously held the first charging phrase of section 505 — “[a]ny person who abuses a child” — to be unconstitutionally vague as applied, section 505 is not vague as applied to Rawlins. LeBlanc v. People, 56 V.I. 536, 544-45 (V.I. 2012) (<HOLDING>). In this case, there can be no doubt that oral Options: A. holding that attorney disciplinary rule was unconstitutionally vague as applied B. holding that the illinois statutory definitions of sexual penetration and sexual conduct cover clearly distinct conduct and that therefore the statute was not unconstitutionally vague C. holding that the first charging phrase of section 505 is unconstitutionally vague as applied where it was not clear whether touching a minors genitals through her pants constituted sexual conduct as defined by the statute D. holding factor b is not unconstitutionally vague E. holding that statute which defined sexual contact as any touching of the anus breast or any part of the genitals of another person with intent to arouse or gratify the sexual desire of any person was not vague

assistant: The best answer is C. holding that the first charging phrase of section 505 is unconstitutionally vague as applied where it was not clear whether touching a minors genitals through her pants constituted sexual conduct as defined by the statute
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: we may ask you to agree to additional terms for certain of our services in the future , which will govern to the extent there is a conflict between our terms and such additional terms .

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: Each of the parties hereto shall, and shall cause their respective Affiliates to, execute and deliver such additional documents, instruments, conveyances and assurances and take such further actions as may be reasonably required to carry out the provisions hereof and give effect to the Contemplated Transactions.

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: citations and quotations omitted). Thus, the Court does not view evidence of racial discrimination in hiring practices at Budco as irrelevant to Wilson’s claim that he was discriminated against by being transferred back to DCXOM and by not being hired for a job ultimately given to Page. 5. Many of the black temps within the company quit because they were discouraged with Budco’s hiring practices. Defendants assert that the Court should strike paragraph 5 for lack of personal knowledge. In his supplemental affidavit, Wilson explained that he knew this information because he was told by the employees why they were quitting. Wilson lacks personal knowledge of information that he received from these employees. See Sperle v. Mich. Dep’t of Corr., 297 F.3d 483, 495-96 (6th Cir.2002) (<HOLDING>); Weberg v. Franks, 229 F.3d 514, 526 n. 13 Options: A. holding that fourth amendment did not prohibit the obtaining of information revealed to a third party and conveyed by him to government authorities B. holding that a third party has authority to consent to a search if the third party is a coinhabitant C. holding that statements even when made to a third party which are appropriately determined to be threatening can constitute obstruction of justice D. holding exculpatory statements by a third party should have been admitted in the punishment phase notwithstanding the hearsay rule E. holding that plaintiffaffiant did not have personal knowledge of statements made to him by a third party

assistant: The best answer is E. holding that plaintiffaffiant did not have personal knowledge of statements made to him by a third party
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 Pledgors waive any right to require the Lender to proceed against any person, to proceed against or exhaust any collateral, or to pursue any other remedy in the power of the Lender. The Pledgors further waive any defense arising by reason of any disability or other defense of any other person. Until all of the Pledgors' Obligations are paid or performed in full, the Pledgors shall have no right of subrogation, and the Pledgors waive any right to enforce any remedy that the Lender now has or hereafter may have against any other person and waive any benefit of and any right to participate in any collateral whatsoever now or hereafter held by the Lender.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: for purposes of these terms of use , the term `` content '' includes , without limitation , prices , any location information , wine spottings , videos , comments , likes , ratings , information and data generated , provided , or otherwise made accessible by vivino on or through the service .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall be binding upon, and shall inure to the benefit of, the Members, and their respective heirs, executors, administrators, successors and assigns. There shall be no third party beneficiaries of this Agreement.

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: F.3d 1007, 1011 (9th Cir. 1994) (a defendant commits “two wrongs” when defendant’s actions violate both the Copyright Act and the Lanham Act; to “effectuate the purposes of both statutes, damages may be awarded under both”) affin’d 51 F.3d 281 (9th Cir.1995). See also Microsoft Corporation v. Compusource Distributors, Inc., 115 F.Supp.2d 800, 812 (E.D.Mich.2000) and Microsoft Corporation v. Logical Choice Computers, Inc., 2001 WL 58950 at *10 (N.D.Ill. Jan.22, 2001). Although the Second Circuit has yet to address the issue, at least one district court within the Second Circuit has held that a successful plaintiff may be awarded damages under both the Lanham Act and the Copyright Act. Viacom International Inc. v. Fanzine International, Inc., 2001 WL 930248, * 5 (S.D.N.Y. Aug.16, 2001) (<HOLDING>); Lyons Partnership, L.P. v. AAA Entertainment Options: A. holding that in order to recover damages under the lanham act plaintiff must prove that there was a violation that plaintiff has been damaged and that there is a causal connection between the violation and those damages B. recognizing that copyright offices interpretation of copyright act should ordinarily receive deference C. holding that a plaintiff may recover damages under both the lanham act and the copyright act provided the copyright damages serve a purpose other than compensation D. holding that the copyright act distinguishes between employees and independent contractors for copyright possession E. holding that plaintiff could recover damages under both the lanham act and the copyright act because the profits awarded under the federal trademark statute constitute compensation rather than a penalty while statutory damages are awarded under the copyright act are designed to serve a variety of purposes other than compensation including deterrence and punishment

assistant: The best answer is C. holding that a plaintiff may recover damages under both the lanham act and the copyright act provided the copyright damages serve a purpose other than compensation
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: reenter the O’Neills’ home without a warrant, the district court relied on the consent-once-removed doctrine. This doctrine allows government agents to enter a suspect’s premises to arrest the suspect without a warrant if [undercover agents]: 1) entered at the express invitation of someone with authority to consent; 2) at that point established the existence of probable cause to effectuate an arrest or search; and 3) immediately summoned help from other officers. United States v. Yoon, 398 F.3d 802, 806 (6th Cir.2005) (emphasis added) (applying the doctrine to the sale of illegal drugs). The O’Neills argue that this doctrine does not apply in the present case, where the undercover officers left the premises and then attempted to make a second entry. This court has previous ir.1987) (<HOLDING>). Akinsanya and Diaz, however, do not stand for Options: A. holding that initial consent was not withdrawn where the undercover officer momentarily stepped out to obtain help from other officers located in the room across the hall in making the arrest B. holding that the defendants unlawful arrest in his hotel room rendered his subsequent consent to the search of his room invalid even though he signed a consent form allowing the search after his arrest because the government completely failed to address whether there was a break in the causal relationship between the unlawful arrest and the subsequent search C. holding that defendants consent was involuntary where defendant consented to search following a warrantless entry and officers explained that absent consent the officers would obtain a warrant D. holding exigent circumstances demonstrated because officers knew defendant stored drugs in room across from the bathroom making destruction particularly easy E. holding that the implied consent law allows law enforcement officers to obtain blood in circumstances in which a warrant or actual consent may otherwise be required

assistant: The best answer is A. holding that initial consent was not withdrawn where the undercover officer momentarily stepped out to obtain help from other officers located in the room across the hall in making the arrest
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: applying Old § 1-201(37) developed percentage tests to determine whether the option price contained in a purported lease is nominal (“Percentage Tests”). Percentage Tests compare: (1) the option price contained in the agreement with the original purchase price of the “leased” goods; (2) the option price with the total stream of rental payments made under the contract; and (3) the original cost of the “leased” goods with the total payment stream. See, e.g., Orix Credit Alliance, Inc. v. Pappas, 946 F.2d 1258, 1261-62 (7th Cir.1991) (stating that an option price that represents 12% of total rental payments, while not dispositive, indicates a secured sale rather than true lease); Fruehauf Corp. v. Int’l Plastics, Inc. (In re Int’l Plastics, Inc.), 18 B.R. 583, 587 (Bankr.D.Kan.1982) (<HOLDING>); Equilease Corp. v. AAA Mach. Co. (In re AAA Options: A. holding that under an option requiring renewal at the expiration of the lease the lessee was required to exercise the option on or before the last day of the lease B. holding that the measure of damages for the breach of a contract of sale where no fraud is shown is the difference between the contract price and the market price of the goods on the date of the breach C. holding that option amount that is 53 of cash sale price on the date agreement was executed reflected a true lease D. holding that under an option requiring renewal at the expiration of the lease but providing no more specific time requirement the lessee had a reasonable time to exercise the option within the term of the lease E. holding that the question of whether a bankruptcy trustee or a putative lessor was entitled to the proceeds of an equipment sale depended on whether a true lease was involved when the lease is intended as a security interest article 9 applies however a bona fide lease is not affected by article 9

assistant: The best answer is C. holding that option amount that is 53 of cash sale price on the date agreement was executed reflected a true lease
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 delay on the part of Secured Party in exercising any power of sale, option or other right hereunder, and no notice or demand which may be given to or made upon the Grantor by the Secured Party, shall constitute a waiver thereof, or limit or impair the Secured Party’s right to take any action or to exercise any other power of sale, option or any other right hereunder, without notice or demand, or prejudice the Secured Party’s rights as against Grantor in any respect.

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: If any term or other provision of this Agreement is invalid, illegal or incapable of being enforced by any rule of Law or public policy, all other conditions and provisions of this Agreement shall nevertheless remain in full force and effect, insofar as the foregoing can be accomplished without materially affecting the economic benefits anticipated by the parties to this Agreement. Upon such determination that any term or other provision is invalid, illegal or incapable of being enforced, 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 to the fullest extent permitted by applicable Law in an acceptable manner to the end that the transactions contemplated hereby are fulfilled to the greatest extent possible.

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: Except for (i) $500,000 to cover Carbon’s expenditures of time, effort and money incurred in connection with its diligence review of the proposed initial acquisitions made by the Company, (ii) the Transaction Expenses incurred by Carbon in connection with (A) the negotiation and preparation of this Agreement and all agreements and documents ancillary thereto and (B) the negotiation and preparation of the Purchase and Sale Agreements with CRC and Mirada (such amounts to be paid to Carbon within 30 days following the date hereof) and (iii) the Transaction Expenses incurred by Prudential, Yorktown and their respective Affiliates in connection with the preparation and negotiation of this Agreement (as well as expenses incurred in connection with the private placement of the Senior Subordinated Notes) as provided in that certain letter agreement between the Company and PGIM, Inc. dated December 29, 2016 with respect to Prudential, unless Approved by the Board of Directors as a Company expense, each Member shall be responsible for the payment of all reasonable fees and expenses incurred by such Member in connection with the negotiation and preparation of this Agreement and all agreements and documents ancillary thereto (“ Transaction Expenses ”). Transaction Expenses shall include all fees, costs, and expenses of legal counsel, accountants and all other third party consultants and advisors engaged by such Member to assist with the due diligence reviews conducted by it or the negotiation or preparation of this Agreement or other agreements and all direct out-of-pocket expenses for travel and similar matters.

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: This Agreement is binding upon and shall inure to the benefit of the parties hereto, together with their respective executors, administrators, successors, personal representatives, heirs, and assigns. Notwithstanding the foregoing, the rights, duties and benefits to Employee hereunder are personal to Employee, and no such right or benefit may be assigned by it. The Company shall have the right to assign or transfer this Agreement to its successors or assigns. The terms "successors" and "assigns" shall include any person, corporation, partnership or other entity that buys all or substantially all of Company’s assets or all of its stock, or with which Company merges or consolidates. Any purported assignment of this Agreement, other than as provided above, shall be void.

assistant: Assignments
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 parties agree that irreparable damage would occur in the event that any of the provisions of this Settlement Agreement were not performed in accordance with their specific terms or were otherwise breached and that monetary damages would not be an adequate remedy therefor. Accordingly, each party agrees that in the event of any breach or threatened breach by any other party of any covenant or obligation contained in this Settlement Agreement, the non-breaching party shall be entitled (in addition to any other remedy that may be available to it whether at law or in equity, including monetary damages) to (i) a decree or order of specific performance to enforce the observance and performance of such covenant or obligation and (ii) an injunction restraining such breach or threatened breach. In the event that any action is brought in equity to enforce the provisions of this Settlement Agreement, no party shall allege, and each party hereby waives the defense or counterclaim, that there is an adequate remedy at law or an award of specific performance is not an appropriate remedy for any reason at law or in equity.

assistant: Specific Performance
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: LXRT does not own, directly or indirectly, any equity or other ownership interest in any corporation, partnership, joint venture or other entity or enterprise. There are no Contracts or other obligations (contingent or otherwise) of LXRT to retire, repurchase, redeem or otherwise acquire any outstanding shares of capital stock of, or other ownership interests in, any other Person or to provide funds to or make any investment (in the form of a loan, capital contribution or otherwise) in any other Person.

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 case excerpt and choose the best holding from the options. Case excerpt: (quoting United States v. McCaskill, 676 E2d 995, 1002 (4th Cir.), cert. denied, 459 U.S. 1018, 103 S. Ct. 381 (1982)). Generally speaking, the rule provides that a criminal defendant is entitled to a new trial if the defendant demonstrates that the jury probably would have returned a different verdict had the error not occurred. State v. Walker, 316 N.C. 33, 39, 340 S.E.2d 80, 83 (1986). Since that time, our appellate courts have applied the plain error standard using several different formulations. See, e.g., State v. Towe, _ N.C. App. _, _, 707 S.E.2d 770, 775 (finding plain error because “it [was] highly plausible that the jury could have reached a different result”), disc. rev. allowed, 365 N.C. 202, 709 S.E.2d 599 (2012); State v. Wright, _ N.C. App. _, _, 708 S.E.2d 112, 121 (<HOLDING>), disc. rev. denied, 365 N.C. 200, 710 S.E.2d Options: A. holding that inadmissible testimony did not rise to level of plain error because the overwhelming evidence against defendant leads us to conclude that the error committed did not cause the jury to reach a different verdict than it otherwise would have reached B. holding that any error was harmless and thus not plain error C. holding there was not plain error because a different result probably would not have been reached absent the trial courts alleged error D. holding that party asserting plain error must show a reasonable probability that but for the error claimed the result of the proceeding would have been different E. holding that omission was not plain error

assistant: The best answer is C. holding there was not plain error because a different result probably would not have been reached absent the trial courts alleged error
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: question, it fairly can be asked whether an appellate court properly may find an error to be “plain” in the same case in which it first declares the change in the law that enables it to find error at all. We think a finding that the error is “plain,” or obvious, is as mandatory in these circumstances as it was in Johnson. The rationale of Johnson — that a defendant should not be required to raise “useless” objections at trial in order to benefit on appeal from a post-trial reversal of settled law, see 520 U.S. at 468, 1 e is plain at this time, and that the second prong of the plain error test therefore is satisfied. C. Did the Unconstitutional Admission of the Chemist’s Report Affect Appellant’s Substantial Rights? In order to show that the nonstruetural error in this cas Cir.2004) (<HOLDING>). The third prong of the test for plain error Options: A. holding that defendants substantial rights were affected by unconstitutional admission of outofcourt testimonial statements that established elements of the charged offenses B. holding that a defendants statements regarding offenses for which he had not been charged were admissible notwithstanding the attachment of his sixth amendment right to counsel on other charged offenses C. holding that when defendants plead not guilty the government is required to prove all elements of charged offenses including intent D. holding that when declarant is unavailable outofcourt statements that are testimonial are inadmissible even if they meet an exception to the hearsay rules E. holding that the admission of an accomplices outofcourt confession violated the petitioners confrontation clause rights

assistant: The best answer is A. holding that defendants substantial rights were affected by unconstitutional admission of outofcourt testimonial statements that established elements of the charged offenses
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 Borrower fails to execute and deliver such documents to Lender within ten (10) Business Days following such request by Lender, Borrower hereby absolutely and irrevocably appoints Lender as its true and lawful attorney, coupled with an interest, in its name and stead to make and execute all documents necessary or desirable to effect such transactions, Borrower hereby ratifying all that such attorney shall do by virtue thereof. It shall be an Event of Default under this Agreement, the Note, the Mortgage and the other Loan Documents if Borrower fails to comply with any of the terms, covenants or conditions of this Section 9.37 after expiration of ten (10) Business Days after notice thereof.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All notices required by this Agreement must be in writing and shall be effective when delivered in person, consigned to a reputable national courier service or deposited in the United States mail, postage prepaid, registered or certified, and addressed to the Executive at his last known address on the books of the Company or, in the case of the Company, at its principal place of business, attention of the Legal Department or to such other address as any Party may specify by notice to the other actually received.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: driving privileges for the fixed period of time specified under this section.” I.C. § 9-30-5-10(a). Thus, the trial court’s only duty is to review the evidence before recommending the suspension. See id. We find that the trial court had sufficient opportunity to weigh the evidence presented at the sentencing hearing before it made a recommendation. Just as the evidence of Dixon’s four previous substance related offenses supported the four year sentence enhancement, we find that the same evidence also supports the recommendation of the maximum five-year suspension. Furthermore, because a license to drive is a privilege and not a right, a subsequent hearing, in addition to a full sentencing hearing, is not required by due process. Mitchell v. State, 659 N.E.2d 112, 116 (Ind.1995) (<HOLDING>). Therefore, we find that the trial court did Options: A. holding that driving privileges are not a fundamental right and a statute requiring a license suspension after a conviction for possession of cocaine did not violate substantive due process B. holding right to be fundamental C. holding that doctrine does not violate due process D. holding that a twoyear suspension of visitation privileges did not violate either the first amendments right to freedom of association E. holding that plaintiff state employees contractual right to promotion was not protected by constitutional guarantee of substantive due process because right was not fundamental

assistant: The best answer is A. holding that driving privileges are not a fundamental right and a statute requiring a license suspension after a conviction for possession of cocaine did not violate substantive due process
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: By its execution of this Agreement, the Loan Parties and Agent agree to release and discharge Freddie Mac from any claims, losses, obligations and liabilities arising out of or in connection with, in whole or in part, any event, act, omission or transaction relating in any way to the transactions contemplated herein, other than due to a breach by Freddie Mac of its agreements under this Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: see also Hotel Emps. & Rest. Emps. Union v. City of N.Y. Dep’t of Parks & Recreation, 311 F.3d 534, 543-44 (2d Cir.2002). Even if the hospital permitted members of the public to use the steps, it was not unlawful for the hospital to expel Kalfus for failure to comply with hospital policy requiring members of the media to obtain prior authorization before entering the premises. See Lloyd Corp. v. Tanner, 407 U.S. at 569, 92 S.Ct. 2219 (stating that private property does not “lose its private character merely because the public is generally invited to use it for designated purposes”). Nor was the hospital’s order transformed into state action merely because the special patrolmen subsequently acted under color of state law when they arrested Kalfus. Cf. id. at 554, 556, 570, 92 S.Ct. 2219 (<HOLDING>). People v. Leonard, 62 N.Y.2d 404, 477 Options: A. holding that no private right of action exists B. holding that the state is obligated to pay property owners when it regulates private property under its police power in such a manner that the regulation effectively deprives the owner of the economically viable use of that property C. recognizing private right of action D. holding that if an individual is possessed of state authority and purports to act under that authority his action is state action E. holding no state action in private property owners prohibition on handbill distribution despite involvement of mall security officers invested with police authority in communicating prohibition

assistant: The best answer is E. holding no state action in private property owners prohibition on handbill distribution despite involvement of mall security officers invested with police authority in communicating prohibition
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 shall be adjudged by any court of competent jurisdiction to be invalid or unenforceable for any reason, such judgment shall not affect, impair or invalidate the remainder of this Agreement. Furthermore, if the scope of any restriction or requirement contained in this Agreement is too broad to permit enforcement of such restriction or requirement to its full extent, then such restriction or requirement shall be enforced to the maximum extent permitted by law, and the Executive consents and agrees that any court of competent jurisdiction may so modify such scope in any proceeding brought to enforce such restriction or requirement. Nothing herein shall be construed as requiring the Bank to make any payment which would be prohibited under 12 C.F.R. 359. In the event a payment required under the terms of this Agreement cannot lawfully be made because of the limitations of 12 C.F.R. 359, the obligation to make such payment shall be deferred until such time as the limitations of 12 C.F.R. 359 shall no longer apply. Upon deferring any payment required under this Agreement due to the limitations of 12 C.F.R. 359, the Bank shall provide the Executive with a legal opinion of counsel addressing the exact provisions of 12 C.F.R. 359 which pose the barrier to payment.

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: Employee shall be entitled to fringe benefits, including vacation days, sick and personal days and company holidays pursuant to the Employer's paid time off plan as per the Employer's employee handbook, and insurance (health, disability and life), and Employee shall be entitled to participate, subject to all conditions of eligibility, in any employee benefit plans which may be adopted by Employer, including without limitation, qualified retirement plan(s), deferred compensation plans, and salary continuation, disability insurance, hospitalization insurance, major medical insurance, medical reimbursement and life insurance benefit plans. Also, Employer shall continue Employee's monthly salary for a period of up to ninety (90) continuous days during any period of Employee's sickness or disability.

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: Notices : each notice of grant of Security Agreement: each trademark security interest in trademarks, notice of grant of agreement , patent security interest in patents and notice of grant of agreement and copyright security interest in copyrights , agreement substantially in the forms attached as exhibits to the Guarantee and Collateral Agreement, required to be executed and delivered by an Obligor under the terms of the Guarantee and Collateral Agreement.

assistant: Intellectual Property
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 (2) (c) (718 SE2d 135) (2011) (physical precedent only) (explaining that expert witness “was allowed to opine that the security measures at the complex were inadequate and deficient”); Birge v. Dollar Gen. Corp., No. 04-2531 BP, 2006 WL 5179319, at *3 (II) (W.D. Tenn. 2006) (excluding proffered expert testimony when witness did not “have any expertise or training that qualifie[d] him to provide expert testimony concerning the deterrent effect of security measures on criminal defendants”); B discretion by excluding the testimony of a witness who was listed as a “may call” witness in pretrial order because appellees “could no longer claim they were surprised by appellants’ decision to call” the witness); see also Foster v. Morrison, 177 Ga. App. 250, 250-51 (2) (339 SE2d 307) (1985) (<HOLDING>); Kamensky v. Stacey, 134 Ga. App. 530, 532 (1) Options: A. holding that trial court impliedly ruled on motion for continuance by granting motion for summary judgment when appellant filed motion for continuance two days before summary judgment hearing B. holding that the defendants motion for discharge was premature and thus properly denied by the trial court C. holding trial court has jurisdiction to reconsider new trial order as long as case is pending D. holding that trial court properly denied motions for continuance and mistrial when counsel was notified of new witnesses within five days of trial as specified by pretrial order E. holding that trial court erred in considering pro se motion for new trial filed when defendant was represented by counsel

assistant: The best answer is D. holding that trial court properly denied motions for continuance and mistrial when counsel was notified of new witnesses within five days of trial as specified by pretrial order
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: You will be entitled to paid vacation of not less than four (4) weeks per year in accordance with the Company’s vacation policy in effect from time to time. Your vacation will be planned consistent with your duties and obligations as Chief Financial Officer.

assistant: Vacations
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 example, we have no way of knowing whether the disclosure to appellants of only four digits would cause substantial harm to the competitive position of the importers. It is perfectly within our remedial authority, however, to remand to the District Court so that a record can be made on this issue, particularly when agency counsel conceded that nobody’s interests would be served by forcing appellants to pursue their request again at the administrative level. As noted above, our disposition in this case is fully consistent with previous FOIA eases in which this court has remanded for further development of the record in light of matters that did not arise until the case was in this court on appeal. See, e.g., Sinito v. United States Dep’t of Justice, 176 F.3d 512, 514 (D.C. Cir.1999) (<HOLDING>). In Sinito the court noted the government’s Options: A. holding that the burden is upon the state under the applicable federal rules of evidence B. holding that discovery under the federal rules of civil procedure is broad in scope and freely permitted C. holding that a cause of action under foia survives the death of the original requestor as long as the substitute requestor is found to be the original requestors legal representative under rule 25 of the federal rules of civil procedure D. holding that amendment of condemnors original complaint to substitute a new and different easement route was tantamount to abandonment of the original proceeding E. holding that a shotgun pleading is in no sense the short and plain statement of a claim required by rule 8 of the federal rules of civil procedure

assistant: The best answer is C. holding that a cause of action under foia survives the death of the original requestor as long as the substitute requestor is found to be the original requestors legal representative under rule 25 of the federal rules of civil procedure
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 Lender shall maintain an account or accounts evidencing the indebtedness of the Borrower to the Lender resulting from each Advance made by the Lender, including (i) the amount of each Advance, (ii) the amount of any principal or interest due and payable or to become due and payable from the Borrower to the Lender hereunder and (iii) the amount of any payment received by the Lender hereunder. The Lender shall record such amounts on the Grid, but in the event of any conflict between the Grid and Lender’s records concerning the size of such Advance, and other amounts related thereto, the records deemed most accurate by the Lender shall govern and control, absent manifest error.

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: 5. The Receiving Party agrees for the period specified in Section 13 that it will: a. Restrict disclosure of the Confidential Information to the minimum required number of people (such as employees, directors, officers, legal counsels, accountants or consultants who shall also be personally bound to maintain the Information in confidence);

assistant: Yes