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: CURIAM. Appellant, Roberto Trejo, was indicted for racketeering and conspiracy to commit racketeering. His predicate offenses included attempted first degree murder, shooting into a building, and three armed robberies with a firearm. He was also charged on substantive counts for the same five offenses. Trejo was acquitted on the racketeering, conspiracy, and shooting into a building charges, but convicted of attempted second degree murder with a firearm and the three armed robberies. We affirm on all issues raised in this appeal, including his fifty-year sentence. The United States Supreme Court’s ruling in Graham v. Florida, 560 U.S. 48, 130 S.Ct. 2011, 176 L.Ed.2d 825 (2010) does not apply to appellant’s sentence. See Guzman v. State, 110 So.3d 480, 483 (Fla. 4th DCA 2013) (<HOLDING>). As we did in Guzman, we certify conflict with Options: A. holding that williams fiftyyear sentence is not a de facto life sentence in violation of graham B. recognizing that njeither graham nor miller explicitly apply to the functional equivalent of life without parole ie de facto life sentences C. holding that the imposition of a life sentence on a juvenile does not violate the holding of roper D. holding that graham which prohibited the imposition of a life without parole sentence on a juvenile offender who did not commit homicide does not apply to a lengthy termofyears sentence that might constitute a de facto life sentence E. holding that double jeopardy clause does not prohibit imposition of death sentence in alabama despite life sentence in georgia in murdertrial arising from same homicide

assistant: The best answer is D. holding that graham which prohibited the imposition of a life without parole sentence on a juvenile offender who did not commit homicide does not apply to a lengthy termofyears sentence that might constitute a de facto life sentence
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 hereto hereby irrevocably waives, to the fullest extent permitted by applicable law, any and all right to trial by jury in any action, proceeding, claim or counterclaim arising out of or relating to this Agreement or the transactions contemplated under this Agreement.

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: Each Party shall treat as confidential and shall not make available or disclose any information or material of the other Party that is or has been (a) disclosed by such other Party under or in connection with this Agreement, whether orally, electronically, in writing or otherwise, including copies or (b) learned or acquired by the other Party in connection with this Agreement (collectively, “ Confidential Material ”) to any person, or make or permit any use of such Confidential Material without the prior written consent of the other Party. (The Party disclosing such information or materials, the “ Disclosing Party ”; the Party receiving such information or materials, the “ Receiving Party ”). Notwithstanding the foregoing, Confidential Material may be disclosed to personnel and third party contractors of the Receiving Party who need to know such information for purposes of performing the Receiving Party’s obligations under this Agreement and who are informed of their obligation to hold such information confidential to the same extent as is applicable to the Receiving Party and in respect of whose failure to comply with such obligation the Receiving Party will be responsible. The provisions of this Section 5.2 shall not apply to any Confidential Material which: (i) is or becomes commonly known within the public domain other than as a result of a disclosure by the Receiving Party in breach of this Agreement; (ii) is obtained from a third party who is lawfully authorized to disclose such information free from any obligation of confidentiality to the Disclosing Party; or (iii) is independently developed by the Receiving Party without use of or reference to any Confidential Material. Notwithstanding any other provision of this Agreement, if the Receiving Party or any of its Representatives is (A) compelled in any legal process or proceeding to disclose any Confidential Material of the Disclosing Party or (B) requested or required by any governmental entity to disclose any Confidential Material, the Receiving Party shall, to the extent not prohibited by law or rule, promptly notify the Disclosing Party in writing of such request or requirement so that the Disclosing Party may seek an appropriate protective order and/or waive in writing the Receiving Party’s compliance with the provisions of this Section 5.2 . If, in the absence of a protective order or the receipt of a waiver hereunder, the Receiving Party is nonetheless compelled to disclose Confidential Material of the Disclosing Party, the Receiving Party, after written notice to the Disclosing Party (to the extent not prohibited by law or rule), may disclose such Confidential Material only to the extent so required by applicable law. Each Party shall exercise reasonable efforts to obtain reliable assurances that confidential treatment will be accorded the Confidential Material so disclosed.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: See id. at -, 116 S.Ct. at 2047-48. A hypothetical illustrates the efficacy of a unitary standard of review. If a district court were to depart upward based upon physical injury pursuant to U.S.S.G. § 5K2.2, p.s., we might conclude that it had abused its discretion if the underlying offense were obstruction of justice, because the guideline applicable to that offense, U.S.S.G. § 2J1.2(b)(1), provides for an eight-level enhancement “[i]f the offense involved caus[es] ... physical injury to a person.” Our review in such a situation would amount to a de novo review of the applicable guideline to determine whether, as a matter of law, it takes physical injury into account. See United States v. Rybicki, 96 F.3d 754, 758 (4th Cir.1996) (noting that when the determinat (4th Cir.1996) (<HOLDING>), cert. denied, — U.S. -, 117 S.Ct. 956, 136 Options: A. holding that downward departure based on defendants restitution was improper because restitution is taken into consideration in assessing whether acceptance of responsibility adjustment should apply and district court abused its discretion in finding defendants restitution was extraordinary B. holding apprendi inapplicable to restitution orders because restitution for harm done is a classic civil remedy C. holding that district court may not depart downward to preserve defendants ability to make restitution D. holding no restitution hearing is mandated when defendant did not object to order of restitution or request a hearing E. holding that equitable restitution is available but that legal restitution is not

assistant: The best answer is A. holding that downward departure based on defendants restitution was improper because restitution is taken into consideration in assessing whether acceptance of responsibility adjustment should apply and district court abused its discretion in finding defendants restitution was extraordinary
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 Servicer is duly organized and validly existing as a corporation in good standing under the laws of the State of New Hampshire, with the requisite corporate power and authority to own its properties as such properties are currently owned and to conduct its business as such business is currently conducted by it, and has the requisite corporate power and authority to service the RRB Property and to hold the RRB Property Records as custodian.

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: State, 695 S.W.2d 93, 96 (Tex.App.—Fort Worth 1985) PDR refused; and also Vessels v. State, 432 S.W.2d 108, 117 (Tex.Cr.App.1968) (On appellant’s motion for rehearing) (rules for admission under former Article 3731a are same for proof of prior convictions under Article 37.07, § 3, supra, and enhancement allegations). Indeed, appellant’s complaint is not that the documents in the pen packet are not authentic copies of the original judgment and sentence. Rather, his complaint is that they are not accurate copies. This complaint goes to the weight of the evidence only and not to its admissibility. See, Evans v. State, 677 S.W.2d 814, 819-820 (Tex.App.—Fort Worth 1984) no PDR; cf. Voss v. Southwestern Bell Telephone Co., 610 S.W.2d 537 (Tex.Civ.App.—Houston [1st] 1980) writ ref’d, n.r.e. (<HOLDING>) In this regard, it is also noteworthy that Options: A. holding that the requirements of title iii apply and must be satisfied B. holdingthat a nurses progress notes were not admissible under the business records exception to the hearsay rule because while the nurses business duty to accurately record plaintiffs behavior ensured the accuracy of her notes it did not guarantee the accuracy of information provided to her by others not under a similar duty C. holding that the introduction of a computer into the claims does not render the idea patenteligible D. holding that once requirements of texrevid rule 806b were satisfied mechanical accuracy of computer and skill of operator went to weight and not admissibility of computer summary of business records E. holding that computer data compiled in the ordinary course of business and presented in computer printouts prepared for trial is admissible under rule 8036

assistant: The best answer is D. holding that once requirements of texrevid rule 806b were satisfied mechanical accuracy of computer and skill of operator went to weight and not admissibility of computer summary of business records
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: No amendment or waiver of any provision of this Guaranty nor consent to any departure by the Guarantor therefrom shall in any event be effective unless such amendment or waiver shall be in writing and signed by the Guarantor and the Administrative Agent (who shall act following the receipt of the consent of all of the Lenders). Such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given.

assistant: Amendments
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: while we work hard to protect the security of your personal data , user-generated content , and account , we can not guarantee that unauthorized third parties will not be able to defeat our security measures .

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: The individuals signing on behalf of Tenant each hereby represents and warrants that he or she has the capacity set forth on the signature pages hereof and has full power and authority to bind Tenant to the terms hereof. Two (2) authorized officers must sign on behalf of the Tenant and this Amendment must be executed by the president or vice-president and the secretary or assistant secretary of Tenant, unless the bylaws or a resolution of the board of directors shall otherwise provide. In such case, the bylaws or a certified copy of the resolution of Tenant, as the case may be, must be furnished to Landlord.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: the language of the terms will seem legal ( basically , because they are ) but we still tried to make them as simple as possible for you to read , so that we are sure that you knowingly choose to enjoy our services under these binding terms ( which actually constitute a binding agreement between viber media s.a r.l. and yourself ) .

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: The guarantee contained in this Article X by the Subsidiary Guarantor will be automatically released without any further action by the Administrative Agent, any Lender, any Loan Party or any other Person if the Subsidiary Guarantor is no longer a guarantor of the Existing Facility or any replacement of the Existing Facility; provided that the such guarantee shall not be released if the Subsidiary Guarantor guarantees any syndicated credit facility or any Indebtedness issued in a Capital Markets Transaction; provided further that if the guarantee hereunder is released pursuant to this Section 10.08 , the guarantee shall automatically and immediately be reinstated without any further action if the Subsidiary Guarantor subsequently guarantees any syndicated credit facility or any Indebtedness issued in a Capital Markets Transactions. The Administrative Agent shall provide any documentation reasonably requested by the Borrower to acknowledge or evidence such release; provided that no such documentation shall be required to effect such release hereunder. In the event that the Subsidiary Guarantor shall be released from the guarantee under the Existing Facility or any replacement of the Existing Facility and in connection with such release the Borrower modifies or amends the Existing Facility or such replacement of the Existing Facility to include any additional covenant or event of default or to make any existing covenant or event of default more restrictive than the correlative covenant or event of default hereunder, then the Agreement shall be deemed to include such additional covenant or event of default or make such correlative covenant or event of default as restrictive as such more restrictive covenant or event of default.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Letter Amendment shall become effective as of the date first above written when, and only when, the Agent shall have received counterparts of this Amendment executed by the undersigned and the Required Lenders. This Letter Amendment is subject to the provisions of Section 8.01 of the Credit Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: No waiver of any provision of this Lease shall be implied by any failure of a party to enforce any remedy on account of the violation of such provision, even if such violation shall continue or be repeated subsequently, any waiver by a party of any provision of this Lease may only be in writing, and no express waiver shall affect any provision other than the one specified in such waiver and that one only for the time and in the manner specifically stated. No receipt of monies by Landlord from Tenant after the termination of this Lease shall in any way alter the length of the Lease Term or of Tenant's right of possession hereunder or after the giving of any notice shall reinstate, continue or extend the Lease Term or affect any notice given Tenant prior to the receipt of such monies, it being agreed that after the service of notice or the commencement of a suit or after final judgment for possession of the Premises, Landlord may receive and collect any Rent due, and the payment of said Rent shall not waive or affect said notice, suit or judgment.

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: The Company has sole title and ownership of, exclusive licenses for, or other valid rights to use, free and clear of all encumbrances, all intellectual property used in the business of the Company as presently conducted. The Company’s use of the intellectual property used in its business does not infringe the intellectual property rights of any third party.

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 legal provision and list the applicable contract clause categories. Provision: This Agreement contains the entire understanding of the parties with respect to the subject matter hereof and supersedes all prior agreements relating thereto, written or oral, between the parties. Amendments to this Agreement must be in writing, signed by the duly authorised officers of the parties.

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 legal provision and list the applicable contract clause categories. Provision: The Company agrees that it will not issue any press release or authorize any person make any official public statement that disparages you; provided however , that nothing in the foregoing shall be deemed to prevent the Company from complying with its disclosure obligations under applicable law, legal process, subpoena, the rules of any stock exchange, or legal requirement or as part of a response to an request for information from any governmental authority with jurisdiction over the party from whom information is sought. You agree that you will not issue any press release or make any other public statements that disparage the Company; provided however , that nothing in the foregoing shall be deemed to prevent you from complying with your disclosure obligations under applicable law, legal process, subpoena, the rules of any stock exchange, or legal requirement or as part of a response to an request for information from any governmental authority with jurisdiction over the party from whom information is sought.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Any Loan Document may be executed in counterparts, each of which shall constitute an original, but all of which when taken together shall constitute a single contract. This Agreement shall become effective when Agent has received counterparts bearing the signatures of all parties hereto. Delivery of a signature page of any Loan Document by telecopy or other electronic means shall be effective as delivery of a manually executed counterpart of such agreement. Any electronic signature, contract formation on an electronic platform and electronic record-keeping shall have the same legal validity and enforceability as a manually executed signature or use of a paper-based recordkeeping system to the fullest extent permitted by Applicable Law, including the Federal Electronic Signatures in Global and National Commerce Act, the New York State Electronic Signatures and Records Act, or any similar state law based on the Uniform Electronic Transactions Act. Upon request by Agent, any electronic signature or delivery shall be promptly followed by a manually executed or paper document.

assistant: Counterparts
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 speaker’s use of “loose, figurative” language can also determine whether his or her statement can reasonably be interpreted as a factual allegation. In Standing Comm. on Discipline of the United States Dist. Court v. Yagman, 55 F.3d 1430 (9th Cir.1995), we held that an attorney could not be sanctioned for accusing a district judge of being “dishonest” because the other terms the attorney used to describe the judge — “ignorant,” “ill-tempered,” “buffoon,” “sub-standard human,” and “right-wing fanatic”- — -made it clear that the attorney intended only to signal his general contempt for the judge, rather than to accuse him of corruption. Id. at 1440; see also Old Dominion Branch No. 196, Nat'l Ass’n of Letter Carriers v. Austin, 418 U.S. 264, 284, 94 S.Ct. 2770, 41 L.Ed.2d 745 (1974) (<HOLDING>); Cochran, 58 F.Supp.2d at 1124-25(holding that Options: A. holding that the use of the word traitor could not be reasonably interpreted as a representation of fact because it was used in a loose figurative sense to demonstrate the unions strong disagreement with the views of those workers who oppose unionization B. holding the word individuals is not the equivalent of the dictionary acts use of the word persons C. holding that the word interest is to be understood in its ordinary senseto hold that congress intended to use the word in the sense of a penalty is contrary to all rules of interpretation and invokes a special definition of the word interest that is unwarranted citations omitted D. holding that a states use of the word shall is mandatory language E. holding that the use of excessive force does not constitute a prison condition in the ordinary sense of the term

assistant: The best answer is A. holding that the use of the word traitor could not be reasonably interpreted as a representation of fact because it was used in a loose figurative sense to demonstrate the unions strong disagreement with the views of those workers who oppose unionization
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: when you post content in connection with the services , it still belongs to you -- however , you 're giving us permission to use that content in certain ways in connection with our services and make the content available to others .

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 Amendment No. 1, together with the Existing Credit Agreement (collectively, the “ Relevant Documents ”), sets forth the entire understanding and agreement of the parties hereto in relation to the subject matter hereof and supersedes any prior negotiations and agreements among the parties relating to such subject matter. No promise, condition, representation or warranty, express or implied, not set forth in the Relevant Documents shall bind any party hereto, and no such party has relied on any such promise, condition, representation or warranty. Each of the parties hereto acknowledges that, except as otherwise expressly stated in the Relevant Documents, no representations, warranties or commitments, express or implied, have been made by any party to any other party in relation to the subject matter hereof or thereof. None of the terms or conditions of this Amendment No. 1 may be changed, modified, waived or canceled orally or otherwise, except in writing and in accordance with Section 9.2 of the Credit Agreement.

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: murder of her twin four year-old sons. She argues that the trial court erred by (1) limiting the scope of her expert testimony regarding her insanity defense; (2) denying her motion to exclude a State expert who had surreptitiously assisted the State during a deposition of one of her experts; and (3) denying her proposed jury instructions on involuntary intoxication and excusable homicide. We affirm. On the first issue, Demeniuk’s contention that her experts’ testimony was not subject to Frye v. United States, 293 F. 1013 (D.C.Cir.1923), is barred by the law of the case doctrine because in State v. Demeniuk, 888 So.2d 655 (Fla. 5th DCA 2004), we held that a Frye hearing was necessary and ordered the lower court to conduct one. See, e.g., State v. Budina, 879 So.2d 16 (Fla. 2d DCA 2004) (<HOLDING>). In addition, the trial court correctly Options: A. holding that an unappealed ruling is the law of the case B. holding that claim preclusion did not apply even though the legal theory at issue in that case was addressed in a previous case because the case at issue was based on a different set of operative facts C. recognizing that a previous panels review of the same habeas petition is the law of the case D. holding in a similar case that certiorari was the proper vehicle for review E. holding that previous legal ruling granting certiorari was law of the case in subsequent proceedings

assistant: The best answer is E. holding that previous legal ruling granting certiorari was law of the case in subsequent proceedings
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Borrower shall maintain in full force and effect all consents of any Governmental Authority that are required to be obtained by it in order for it to perform its obligations under this Agreement and the other Credit Facility Documents and will obtain any that may become necessary in the future.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement and the No Competition and Non-Disclosure Agreement between the Company and Executive effective as of March 1, 2011 (the “NCND Agreement”) contain the entire agreement and understandings by and between the Company and Executive with respect to the covenants herein and therein described, and no representations, promises, agreements or understandings, written or oral, not herein or therein contained shall be of any force or effect. The NCND Agreement shall remain in full force and effect following the execution of this Agreement. No change or modification hereof shall be valid or binding unless the same is in writing and signed by the Parties hereto. Executive represents and agrees that he fully understands his right to discuss all aspects of this Agreement with counsel of his choice, that to the extent he desired, he availed himself of this right, that he has carefully read and fully understands the meaning, intent and consequences of all provisions of this entire Agreement, that he is competent to execute this Agreement, that his decision to execute this Agreement has not been obtained by any duress, and that he freely and voluntarily enters into this Agreement.

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: a writ to sequester a debtor’s property). Whether the Due Process Clause requires pre-de-privation process depends on the “the importance of, and harm.to, the private interest, the likelihood of interim error, and the governmental interest in a delay.” David, 538 U.S. at 716, 123 S.Ct. 1895. Two lines of precedent applying these principles are relevant here. The first, sometimes called the Par liver, 510 U.S. 266, 114 S.Ct. 807, 127 L.Ed.2d 114 (1994), applied' the Parrattr-Hudson doctrine to a suit similar to this one. The plaintiff had been charged with a crime without probable cause; after the charge was dismissed, he brought suit under § 1983 against the police detective who arrested him and caused him to be charged. Citing Parratt, Justice Kennedy r 1173, 3 L.Ed.2d 1217 (1959) (<HOLDING>). Cases like Whitlock and Fields, which allow Options: A. holding that the perjury by a key government witness irrespective of whether the government knew of the perjury at the time of trial infected the trial proceedings and required reversal B. holding that the defendants due process rights were violated when the trial judge singled out the only defense witness and indicated to that witness that he expected the witness to he and would personally ensure that the witness was prosecuted for perjury and thereby effectively drove that witness off the stand C. holding that a conviction violated due process because the prosecutor knowingly allowed a government witness to commit perjury D. recognizing that motion for relief from judgment may be properly filed pursuant to rule 1540b3 where party induced witness to commit perjury E. holding that a conviction violated due process because the prosecutor knowingly refused to disclose crucial exculpatory evidence to the defendant

assistant: The best answer is C. holding that a conviction violated due process because the prosecutor knowingly allowed a government witness to commit perjury
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: claim because they do not suggest how they have preserved an appeal on Rule 60(b)(3) grounds. The plaintiffs noticed an appeal both of the final judgment and of the denial of their “motion for reconsideration.” Neither appeal encompasses Rule 60(b)(3) relief. The plaintiffs’ “motion for reconsideration” never argued in any understandable fashion for Rule 60(b)(3) relief. Rather, the plaintiffs asked the district court to reheve them from the judgment on account of “excusable neglect,” pursuant to Rule 60(b)(1). Having failed to include any direct request for Rule 60(b)(3) relief in their motion for reconsideration, the plaintiffs have waived any right to ask for such relief on appeal from the denial of that motion. See Larch v. Mansfield Mun. Elec. Dep’t, 272 F.3d 63, 76 (1st Cir.2001) (<HOLDING>). See also Toscano v. Chandris, S.A., 934 F.2d Options: A. holding that failure to raise issue at district court forecloses party from raising same issue on appeal B. holding that the court bars a party from raising an issue on remand that was not raised on appeal C. holding where a party failed to raise an issue clearly implicated in the initial decision of the trial court our mandate acted to prevent that party from raising this issue on remand D. holding that failure to raise issue in brief constitutes waiver of appeal of the issue E. holding that a party may not raise an issue for the first time on appeal

assistant: The best answer is A. holding that failure to raise issue at district court forecloses party from raising same issue on appeal
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Investor hereby agrees to indemnify and hold harmless the Company and its affiliates from and against any and all loss, expense, damages or liability (other than any consequential, punitive or exemplary loss, damages or liability unless actually awarded to a third-party) due to or arising out of a breach of any representation or warranty of the Investor contained in this Agreement. The Company hereby agrees to indemnify and hold harmless the Investor and its affiliates from and against any and all loss, expense, damages or liability (other than any consequential, punitive or exemplary loss, damages or liability unless actually awarded to a third-party) due to or arising out of a breach of any representation or warranty of the Company contained in this Agreement.

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

user: (1) Upon the completion of my engagement as an employee, consultant, or subcontractor under the contract, or the completion of my work on the PCII Program, whichever occurs first, I will surrender promptly to the PCII Program Manager or his designee, or to the appropriate PCII officer, PCII of any type whatsoever that is in my possession. I agree that I shall return all information to which I have had access or which is in my possession 2) upon the conclusion of my duties, association, or support to DHS; and/or

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be terminated by the Purchaser, as to the Purchaser’s obligations hereunder only and without any effect whatsoever on the obligations between the Company and the other Purchasers, by written notice to the other parties, if the First Closing has not been consummated on or before January 6, 2017; provided, however, that such termination will not affect the right of any party to sue for any breach by any other party (or parties).

assistant: Terminations
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 contains the entire agreement among the parties concerning the subject matter hereof and supersedes all prior agreements, understandings, discussions, negotiations and undertakings , whether written or oral, between the parties with respect thereto.

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 legal provision and list the applicable contract clause categories. Provision: All notices, requests and other communications hereunder shall be in writing (including facsimile transmission or similar writing) and shall be given (a) to each Guarantor at its address set forth below its signature hereto, (b) to the Administrative Agent or any other Guarantied Party at its address for notices provided for in the Guarantied Documents, as applicable, or (c) as to each such party at such other address as such party shall designate in a written notice to the other parties. Each such notice, request or other communication shall be effective (i) if mailed, when received; (ii) if telecopied, when transmitted; or (iii) if hand delivered or sent by overnight courier, when delivered; provided , however , that in the case of the immediately preceding clauses (i) through (iii), non-receipt of any communication as the result of any change of address of which the sending party was not notified or as the result of a refusal to accept delivery shall be deemed receipt of such communication.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: upon suspension or termination , your right to use the resources we provide will immediately cease , and we reserve the right to remove or delete any information that you may have on file with us , including any account or login information .

assistant: Content removal
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 validity, construction and effect of this Agreement, and of any determinations or decisions made by the Administrator relating to this Agreement, and the rights of any and all persons having or claiming to have any interest under this Agreement, shall be determined exclusively in accordance with the laws of the Commonwealth of Massachusetts, without regard to its provisions concerning the applicability of laws of other jurisdictions. Any suit with respect hereto will be brought in the federal or state courts in Suffolk County, Massachusetts, and Grantee hereby agrees and submits to the personal jurisdiction and venue thereof.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: § 12182(a) and 29 U.S.C. § 794(a)) is applicable to those, like defendant, who receive federal financial assistance, even absent a formal application from a handicapped person. This general prohibition is reflected in 45 C.F.R. § 84.4, which states: “No qualified handicapped person shall, on the basis of handicap, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity which receives Federal financial assistance.” Thus, plaintiffs contention that it was legally impossible for his cause of action to accrue based on defendant’s pre-1999 actions is erroneous. 2. Continuing Violations and Discrete Acts Plaintiff next urges that, even assuming a violation occurred before July 9, 1999, he d 130 (2d Cir.2003) (<HOLDING>). In short, there is no principled basis for Options: A. holding failure to immediately approve request for accommodation even for employee with known disability did not constitute denial of reasonable accommodation where employer was working on solution over several months B. holding that denial of request for accommodation of religion is a discrete act under morgan C. holding that denials of hearingimpaired employees multiple requests for accommodations under the rehabilitation act were each discrete acts of discrimination under morgan D. holding that denial of employees request for respirators under the rehabilitation act was a discrete act of discrimination under morgan E. holding that the protection of the double jeopardy clause does not preclude a defendant from being charged under a statute defining as the criminal offense a discrete act after a prior conviction or acquittal of a distinguishable discrete act that is a separate violation of the statute

assistant: The best answer is B. holding that denial of request for accommodation of religion is a discrete act under morgan
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: Payment by the Borrowers of all reasonable out-of-pocket costs and expenses of the Bank in connection with the negotiation, preparation, execution, delivery and administration of this Amendment (including, without limitation, the reasonable fees and expenses of Moore & Van Allen, PLLC, special counsel to the Bank).

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: we retain the right , in our sole discretion , to implement new elements as part of and/or ancillary to the service , including changes that may affect the previous mode of operation of the service or evernote software .

assistant: Unilateral change
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 terminate and be of no further force or effect whatsoever on such date (the “ Expiration Date ”) as of the earlier of (a) the date and time that the Stock Purchase Agreement has been validly terminated pursuant to its terms or (b) the date of the Closing (as defined in the Stock Purchase Agreement); provided, however, that (i) Section 7 shall survive the termination of this Agreement, and (ii) the termination of this Agreement shall not relieve Stockholder from any liability for any inaccuracy in or breach of any representation, warranty, or covenant contained in this Agreement.

assistant: Terminations
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: testimony was not relevant because she did not have first-hand knowledge of the relationship between Caleb and Misty, nor of the circumstances of Sydney’s birth or Misty’s death as Tadych was not present. This objection at best preserved the issue of the logical relevance of Tadych’s testimony — that is the -extent to which it tended to prove or disprove an issue in dispute. The objection did not preserve a claim of error that Tadych’s testimony was legally irrelevant because it was more prejudicial than probative in its effect, or that Ta-dych’s testimony was improper expert testimony. “[A]n objection to evidence must be sufficiently clear and definite so that the trial court will understand the reason for the objection.” Blount v. Peipers, 864 S.W.2d 392, 393 (Mo.App.E.D.1993) (<HOLDING>). Though all of the claimed bases of error in Options: A. holding that a claim was not preserved for review where the defense failed to object on the specific grounds advanced on appeal B. holding that an issue was not preserved for appellate review because appellants trial objection does not comport with the issue he raised on appeal C. holding that an appellate court cannot consider an issue that was not preserved for appellate review D. holding that objection on the grounds of irrelevancy without explanation for why the evidence was irrelevant preserved nothing for appellate review E. holding that failure to object to prosecutors comment on defendants failure to testify preserved nothing for appellate review

assistant: The best answer is D. holding that objection on the grounds of irrelevancy without explanation for why the evidence was irrelevant preserved nothing for appellate review
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: a law enforcement officer to submit to a strip search. “Physical contact is ... not re quired to demonstrate the unreasonableness of the force used to effect a particular seizure.” Martin v. Board of County Commissioners of the County of Pueblo, 909 F.2d 402, 406-407 (10th Cir.1990) (citing excessive force cases “where the force is expressed by means other than physical contact,” such as the “threatened use of mace”); see also Crosby v. Paulk, 187 F.3d 1339, 1351 (11th Cir.1999) (“[EJxcessive force claims under the Fourth Amendment refer to unreasonable force or physical contact exerted by law enforcement agents in the context of arrests, investigatory stops, and seizures of people.”) (emphasis added); California v. Hodari D., 499 U.S. 621, 626, 111 S.Ct. 1547, 113 L.Ed.2d 690 (1991) (<HOLDING>). Based on the foregoing, the court finds that Options: A. holding that 2241a1 requires actual use of force meaning use of such physical force as is sufficient to overcome restrain or injure a person B. recognizing that an arrest requires either physical force or where physical force is absent submission to the assertion of authority C. holding that congress intended the phrase physical force incorporated into 922g9 to encompass crimes characterized by the application of any physical force D. holding that expert testimony on what constitutes deadly physical force and whether the use of force was justified should have been excluded E. holding iowa common law touching assault met use of physical force required for enhancement under 18 usc 922g9 be cause any physical contact by necessity requires physical force to complete

assistant: The best answer is B. recognizing that an arrest requires either physical force or where physical force is absent submission to the assertion of 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: (a) For purposes of this Agreement, all notices and other communications required or permitted hereunder shall be in writing and shall be deemed to have been duly given when delivered or five days after deposit in the United States mail, certified and return receipt requested, postage prepaid, addressed (1) if to the Employee, to the Employee's address of record with the Company, and if to the Company, to Madison Gas and Electric Company, P. O. Box 1231, Madison, WI 53701-1231, attention Mr. Gary J. Wolter, or (2) to such other address as either party may have furnished to the other in writing in accordance herewith, except that notices of change of address shall be effective only upon receipt.

assistant: Notices