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: The Company shall indemnify, and advance Expenses to, Indemnitee (a) as provided in this Agreement and (b) otherwise to the maximum extent permitted by Maryland law in effect on the Effective Date and as amended from time to time; provided, however, that no change in Maryland law shall have the effect of reducing the benefits available to Indemnitee hereunder based on Maryland law as in effect on the Effective Date. The rights of Indemnitee provided in this Section 3 shall include, without limitation, the rights set forth in the other sections of this Agreement, including any additional indemnification permitted by the Maryland General Corporation Law (the “MGCL”), including, without limitation, Section 2-418 of the MGCL.

assistant: General
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 co-defendant creates a Confrontation Clause problem. Therefore, evidence admitted under Rule 806 in a criminal case should be admitted only for the limited purpose of impeachment. 10 . See Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966). 11 . At trial, Huerstel claimed he was not involved in the shootings, rather that he lied to the police about his involvement because he feared what Prasertphong might do to him or his family if he told anyone Prasertphong was involved in the murders. Huerstel also claimed the police threatened him and made promises of leniency during his interrogation. 12 . Nor is a request for a parent considered the functional equivalent of a request for counsel. See Fare v. Michael C. 442 U.S. 707, 724, 99 S.Ct. 2560, 61 L.Ed.2d 197 (1979) (<HOLDING>). 13 . The trial court chastised the officers Options: A. holding that juveniles request to call parent is assertion of fifth amendment privilege against selfincrimination B. holding a juveniles request to speak to a probation officer is not a per se invocation of fifth amendment rights C. holding that per se statutory rule is not permissible under fourth amendment D. holding that juveniles request for parent is invocation of fifth amendment rights E. holding that an unequivocal invocation of the fifth amendment right to counsel must be presented in a manner that a reasonable police officer under similar circumstances would understand the statement to be a request for the presence of an attorney

assistant: The best answer is B. holding a juveniles request to speak to a probation officer is not a per se invocation of fifth amendment rights
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: at the same time maintaining “reasonable cost[s] to the employers.” NMSA 1978, Section 52-5-1 (Repl.Pamp.1991). We hold that the legislative goal of maintaining reasonable costs to employers is a legitimate legislative goal and that the time limit prescribed by Section 52-3-10(C) is rationally related to this legislative goal because it lowers employer costs by eliminating all claims arising more than ten years after the last day of employment. We conclude, however, that Section 52-3-10(C) is unconstitutional notwithstanding its rational relationship to the valid legislative goal of lowering employer costs. Rational basis review requires that the challenged legislative classification be based upon some substantial or real distinction, and not ar 545 P.2d 712, 715-16 (1976) (en banc) (<HOLDING>). While, Section 52-3-10(0 probably reduces Options: A. holding that a law survives rational basis review so long as there is any reasonably conceivable state of facts that could provide a rational basis for the classification B. recognizing heightened rational basis scrutiny C. holding a fiveyear silicon dioxide exposure requirement uncon stitutional under the rational basis test D. holding that there is a rational basis for the distinction E. holding rational basis as standard for commerce clause inquiries

assistant: The best answer is C. holding a fiveyear silicon dioxide exposure requirement uncon stitutional under the rational basis test
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: if § 1141 were to take precedence over § 553, then set off would only be allowed if written into the plan and § 553 would be rendered meaningless. Id. at 1277. If the court denied set off, the creditor would be required to fully pay its debt to the debtor while only receiving a fraction of the money it is owed. Id. Since the De Laurentiis decision, a majority of courts considering the issue have extended its reasoning to the chapter 13 context and have held that a creditor’s right to set off is not extinguished by confirmation of the plan under § 1327. See In re Whitaker, 173 B.R. 359, 362-63 (Bankr.S.D.Ohio 1994); In re Womack, 188 B.R. 259, 261-62 (Bankr.E.D.Ark.1995); In re Orlinski, 140 B.R. 600, 603-4 (Bankr.S.D.Ga.1991). See also, In re Wiegand, 199 B.R. 639, 641 (W.D.Mich.1996)(<HOLDING>). As in the De Laurentiis case, set off rights Options: A. holding a party who survives summary judgment should not be subject to sanctions for asserting frivolous claims B. recognizing that a critical safeguard set forth in miranda is a persons right to cut off questioning C. holding that the creditors right to equitable relief constituted a dischargeable claim D. holding that a creditors right to set off survives a final discharge ofdebt E. holding that bank had right to set off funds in a customers account against debt that the bank customer had incurred as a surety or guarantor

assistant: The best answer is D. holding that a creditors right to set off survives a final discharge ofdebt
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 between the parties hereto with respect to the subject matter hereof and supersedes all prior agreements (including the Original Agreement and the Change of Control Agreement) and understandings, oral or written. This Agreement may not be changed, amended, or modified, except by a written instrument signed by the parties; provided, however, that the Company may amend this Agreement from time to time without Employee’s consent to the extent deemed necessary or appropriate, in its sole discretion, to effect compliance with Section 409A of the Code, including regulations and interpretations thereunder, which amendments may result in a reduction of benefits provided hereunder and/or other unfavorable changes to Employee.

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: This Agreement is personal to Executive and shall not be assignable by Executive without the prior written consent of the Company . This Agreement and any rights and benefits hereunder shall inure to the benefit of and be enforceable by Executive’s legal representatives, heirs or legatees . This Agreement and any rights and benefits hereunder shall inure to the benefit of and be binding upon the Company and its successors and assigns, including any corporation with which or into which the Company may be merged or which may succeed to its assets or business.

assistant: Successors
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: Commencing on the Effective Date, (a) the Successor Agent shall be entitled to receive the agency fees as set forth in, and in accordance with, that certain fee letter dated March 9, 2018, between the Borrower and the Successor Agent and (b) the Existing Agent shall cease to be entitled to receive any agency fee as Administrative Agent relating to the Loan Documents; provided that the Existing Agent shall remain entitled to receive from the Borrower any unpaid fees owed to it by the Borrower pursuant to Section 2.05(c) of the Credit Agreement or any unpaid costs or expenses owed to it by the Borrower pursuant to Section 8.04(a) of the Credit Agreement. The Protective Provisions shall remain in full force and effect for the benefit of the Successor Agent while acting as the Administrative Agent.

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: All of the direct and indirect subsidiaries of the Company are set forth in last Annual Report on Form 10-K in the SEC Reports. The Company owns, directly or indirectly, all of the capital stock or other equity interests of each Subsidiary free and clear of any Liens other than Liens securing the Indebtedness disclosed in the SEC Reports, and all of the issued and outstanding shares of capital stock of each Subsidiary are validly issued and are fully paid, non-assessable and free of preemptive and similar rights to subscribe for or purchase securities. If the Company has no subsidiaries, all other references to the Subsidiaries or any of them in the Transaction Documents shall be disregarded.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Any notice under the Plan shall be in writing, or by electronic means, and shall be received when actually delivered, or mailed postage paid as first class U.S. Mail. Notices shall be directed to the Company at its principal business office at 10201 North Loop East, Houston, TX 77029, to a Nonemployee Director at the address stated in his election form, and to a beneficiary entitled to benefits at the address stated in the Participant’s beneficiary designation, or to such other addresses any party may specify by notice to the other parties.

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 obligations of the Company to the Executive and the Executive to the Company shall terminate upon the termination of this Agreement, except as expressly provided herein. The provisions of Sections 8, 9, 10 and 11 shall survive termination of this Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of bad faith, the Court must accept the defendant’s representations that a reasonable search was conducted in good faith, that the system-generated form the plaintiff requested does not exist, and that all responsive documents were released to the plaintiff. See Citizens for Responsibility & Ethics in Wash. v. U.S. Dep’t of Educ., 905 F.Supp.2d 161, 172 (D.D.C. 2012) (finding that the agency did not violate the FOIA requirement to produce documents in the requested format where there was no legitimate basis to suspect the scope or good faith of the agency’s responses, and the acceptance of the plaintiffs argument would require creation of documentation, rather than requiring the production of what already exists); see also SafeCard Servs. v. SEC, 926 F.2d 1197, 1200 (D.C. Cir. 1991) (<HOLDING>). Accordingly, because Hart-mann’s declaration Options: A. holding that the agency did not abuse its discretion in declining to grant a continuance where the petitioner was only at the first step in a long and discretionary process and relief was speculative at best alterations and internal quotation marks omitted B. holding that a foia requester cannot rebut an agencys affidavits with purely speculative claims about the existence and discoverability of other documents internal quotation marks omitted quoting ground saucer watch inc 692 f2d at 771 C. holding that compliance with rule 3 is both a mandatory and jurisdictional prerequisite to appeal internal quotation marks omitted D. holding that state officials cannot have been expected to predict the future course of constitutional law internal quotation marks omitted E. holding that we consider an agencys expertise or special knowledge when application of the regulation is primarily factual and necessarily requires application of the agencys technical knowledge and expertise to the facts presented citation omitted internal quotation marks omitted

assistant: The best answer is B. holding that a foia requester cannot rebut an agencys affidavits with purely speculative claims about the existence and discoverability of other documents internal quotation marks omitted quoting ground saucer watch inc 692 f2d at 771
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 intended to be performed in accordance with, and only to the extent permitted by, all applicable laws, ordinances, rules and regulations of the jurisdictions in which the Partnership does business. If any provision of this Agreement, or the application thereof to any person or circumstance, shall, for any reason and to any extent, be invalid or unenforceable, the remainder of this Agreement and the application of such provision to other persons or circumstances shall not be affected thereby, but rather shall be enforced to the greatest extent permitted by law.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: committee carries its burden, “[t]he plaintiff must . . . provide evidence of an objective, reasonable belief that his statements were true. See Burton v. Mottolese, 267 Conn. 1, 49-52, 835 A.2d 998 (2003), cert. denied, 541 U.S. 1073, 124 S. Ct. 2422, 158 L. Ed. 2d 983 (2004).” The plaintiff has no burden to carry until the committee presents clear and convincing evidence of the violation. Here, after the plaintiff provides evidence that he had an objective, reasonable belief that his statements were true, the burden shifts back to the committee to rebut that evidence and, ultimately, to carry its burden of persuasion and to convince the finder of fact of the truth of the claimed violation. See, e.g., Somers v. Statewide Grievance Committee, 245 Conn. 277, 296-98, 715 A.2d 712 (1998) (<HOLDING>). At this point, I depart from the majority’s Options: A. holding that employer failed to carry its burden to demonstrate that its past payment of maintenance and cure entitled it to an offset against jones act damages award for lost wages B. holding that the defendant failed to carry his burden of proving the invalidity of the waivers of counsel for prior colorado convictions C. holding that defendants failed to carry burden of proof to show that plaintiffs failed to mitigate damages when among other things they offered no evidence contradicting the plaintiffs evidence D. holding that committee failed to carry its ultimate burden E. holding that the utility did not carry its burden of proof by merely opening its books to inspection

assistant: The best answer is D. holding that committee failed to carry its ultimate burden
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 the income related to the Interests for the period up to and including the Closing Date will be reflected on the federal income Tax Return of Seller and that Seller shall bear the liability for any Taxes associated with such income. The Parties further agree that the income related to the Interests for the period after the Closing Date will be reflected on the federal income Tax Return of Buyer and that the partners of Buyer shall bear the liability for any Taxes associated with such income.

assistant: Taxes
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 Credit Party agrees that if this Agreement or any of the other Transaction Documents shall, in the reasonable opinion of the Creditors, at any time be deemed by the Creditors for any reason insufficient in whole or in part to carry out the true intent and spirit hereof or thereof, it will execute or cause to be executed such other and further assurances and documents as in the opinion of the Creditors may be required in order to more effectively accomplish the purposes of this Agreement and/or the other Transaction Documents (including, without limitation, to create, perfect, vest in favor of the Security Trustee or protect the priority of security conferred or intended to be conferred by or pursuant to the Transaction Documents).

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 legal provision and list the applicable contract clause categories. Provision: The respective agreements, representations, warranties, indemnities and other statements of the Partnership Parties or their officers and of each Manager set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by any Manager or any Partnership Party or any of the officers, directors, employees, affiliates, agents or controlling persons referred to in Section 7 hereof, and will survive delivery of and payment for the Offered Units.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: for the purposes of a motion to remand. See Crowe v. Coleman, 113 F.3d 1536, 1538 (11th Cir.1997). 3 . The Eleventh Circuit employs the "unanimity rule,” which requires that all defendants consent to removal. See Tri-Cities Newspapers, Inc. v. Tri-Cities Printing Pressmen and Assistants, Local 349, 427 F.2d 325, 326-27 (5th Cir.1970); Miles v. Kilgore, 928 F.Supp. 1071, 1076 (N.D.Ala.1996). This rule is subject to the following exception: "unless and until the case is remanded it is not necessary that a fraudulently or improperly joined defendant join with the other defendants in a petition for removal.” Erkins v. American Bankers Ins. Co. of Florida, 866 F.Supp. 1373, 1375 (N.D.Ala.1994) (citations omitted); see also Emrich v. Touche Ross & Co., 846 F.2d 1190, 1193 n. 1 (9th Cir.1988) (<HOLDING>); Polyplastics, Inc. v. Transconex, Inc., 713 Options: A. holding that the failure to join all the defendants in a removal petition is not a jurisdictional defect B. holding that a party fraudulently joined to defeat removal need not join in a removal petition and is disregarded in determining diversity of citizenship C. holding that the failure of all defendant to join in the petition for removal mandated remand to state court D. holding that a party fraudulently joined to defeat removal need not join in removal petition E. holding that all properly served defendants must join in petition for removal except for nominal unknown or fraudulently joined parties

assistant: The best answer is E. holding that all properly served defendants must join in petition for removal except for nominal unknown or fraudulently joined parties
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: Upon acceptance of this offer, you will become Chief Financial Officer of the Company, reporting to the Chief Executive Officer and the Board of Directors. You will also serve as Secretary until the company has in house counsel. You will be expected to devote at least forty (40) hours per week to the performance of your duties (except for vacation periods as set forth herein and reasonable periods of illness or other incapacities permitted by Company’s general employment policies) and to give your best efforts to such duties. Your position may require that you travel from time to time as the Company may reasonably request and as shall be appropriate and necessary in the performance of your duties.

assistant: Positions
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: required courts to impose sentencing enhancements based on facts found by the court by a preponderance of the evidence violated the Sixth Amendment. 543 U.S. at 225-28, 233-34, 125 S.Ct. at 746, 750 (Stevens, J., opinion of the Court). The Court remedied the constitutional violation by severing two statutory provisions, 18 U.S.C.A. § 3553(b)(1) (West Supp.2005) (requiring sentencing courts to impose a sentence within the applicable guideline range), and 18 U.S.C.A. § 3742(e) (West 2000 & Supp. 2005) (setting forth appellate standards of review for guideline issues), thereby making the guidelines advisory. Booker, 543 U.S. at 244-65, 125 S.Ct. at 756-67 (Breyer, J., opinion of the Court). The Supreme 25, 2005) (No. 05-7266), and United States v. Cheek, 415 F.3d 349, 350-51 (4th Cir.) (<HOLDING>), cert. denied, — U.S.-, 126 S.Ct. 640, 163 Options: A. holding that the armed career criminal designation based on prior convictions does not violate the sixth amendment under booker B. holding that application of armed career criminal enhancement falls within exception for prior convictions where facts were undisputed making it unnecessary to engage in further fact finding about a prior conviction C. holding a sentence enhancement for two prior convictions must be based on separate criminal episodes D. holding that defendants sixth amendment right to trial by a jury was not violated by district courts reliance on his prior convictions for purposes of sentencing under the armed career criminal act E. holding that a conviction for florida armed robbery is a crime of violence under the armed career criminal act

assistant: The best answer is B. holding that application of armed career criminal enhancement falls within exception for prior convictions where facts were undisputed making it unnecessary to engage in further fact finding about a prior conviction
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: random seizures”). Even with the addition of the own the RV, “property rights are neither the beginning nor the end of [the relevant] inquiry.” United States v. Salvucci, 448 U.S. 83, 91, 100 S.Ct. 2547, 65 L.Ed.2d 619 (1980). The court must inquire “not merely whether the defendant had a possessory interest in the items seized, but whether he had an expectation of privacy in the area searched.” Id. at 92, 100 S.Ct. 2547; see also Minnesota v. Olson, 495 U.S. 91, 96-97, 110 S.Ct. 1684, 109 L.Ed.2d 85 (1990) (finding that an overnight guest has a protected expectation of privacy in the home in which he stays). Generally speaking, persons who borrow cars have standing to challenge searches of the borrowed vehicles. Compare United States v. Baker, 221 F.3d 438, 442-43 (3d Cir.2000) (<HOLDING>) (citing multiple cases from other circuits); Options: A. holding that the driver of a ear owned by his wife who had given him permission to use it had a legitimate expectation of privacy under the fourth amendment B. holding that the driver of a borrowed car had the requisite legitimate expectation of privacy to support standing for fourth amendment purposes C. holding that even a driver not listed as an authorized driver for a rental car could nevertheless have an expectation of privacy if given permission to use the car by an authorized driver D. holding that a defendant who had borrowed a car for a limited period of time had no legitimate expectation of privacy in the cars locked trunk where it was the very person from whom he had borrowed the car who first called the police after he failed to return the car E. holding that the driver of a car who had permission to use the car had standing to challenge its search

assistant: The best answer is B. holding that the driver of a borrowed car had the requisite legitimate expectation of privacy to support standing for fourth amendment purposes
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: THIS AGREEMENT SHALL BE CONSTRUED IN ACCORDANCE WITH AND GOVERNED BY THE LAWS OF THE COMMONWEALTH OF THE BAHAMAS (WITHOUT GIVING EFFECT TO ANY CONFLICTS OR CHOICE OF LAWS PROVISIONS WHICH WOULD CAUSE THE APPLICATION OF THE DOMESTIC SUBSTANTIVE LAWS OF ANY OTHER JURISDICTION).

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 legal provision and list the applicable contract clause categories. Provision: Each Lender as of the Closing Date represents and warrants as of the Closing Date to the Administrative Agent and the Joint Lead Arrangers and their respective Affiliates, and not, for the avoidance of doubt, for the benefit of the Company or any other Loan Party, that such Lender is not and will not be (i) an employee benefit plan subject to Title I of ERISA; (ii) a plan or account subject to Section 4975 of the Code; (iii) an entity deemed to hold “plan assets” of any such plans or accounts for purposes of ERISA or the Code; or (iv) a “governmental plan” within the meaning of ERISA.

assistant: Erisa
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: language, petitioner urges us to entertain jurisdiction on two bases. First he argues that because he challenges the constitutionality of INA § 212(a)(2)(C), resolution of the constitutional claim is a necessary part of the jurisdictional inquiry. Sareang Ye v. INS, 214 F.3d 1128, 1131 (9th Cir.2000) (when determination of the merits is necessary to determine jurisdiction, “the jurisdictional question and the merits collapse into one”). We have held that “the terms of [IIRIRA section 309(c)(4)(G) ] preclude direct appellate review of constitutional issues” and that “[a] literal reading of IIRIRA section 309(c)(4)(G), precluding direct review of constitutional claims, is consistent with one of the central purposes of IIRIRA.” Alfaro-Reyes v. INS, 224 F.3d 916, 921 (9th Cir.2000) (<HOLDING>). Furthermore, because the constitutionality of Options: A. holding that because 28 usc 2241 habeas corpus relief is available to review constitutional claims congress preclusion of direct appeals in iirira see tion 309c4g does not offend the due process clause of the constitution B. holding that iirira 309c4g repealed this courts jurisdiction over petitions for review filed by aliens who are deportable for having committed enumerated criminal offenses but did not repeal 28 usc 2241 C. recognizing that after iirira habeas review remains available to raise substantial constitutional questions D. holding that because the farr act does not expressly mention habeas corpus or 28 usc 2241 it does not eliminate habeas jurisdiction E. holding that jurisdictionstripping provisions of iirira did not preclude aliens convicted of aggravated felonies from pursuing habeas relief pursuant to 28 usc 2241

assistant: The best answer is A. holding that because 28 usc 2241 habeas corpus relief is available to review constitutional claims congress preclusion of direct appeals in iirira see tion 309c4g does not offend the due process clause of the constitution
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 not be amended, modified or supplemented in any manner, whether by course of conduct or otherwise, except by an instrument in writing specifically designated as an amendment hereto, signed by an authorized person on behalf of each of the parties hereto.

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 case excerpt and choose the best holding from the options. Case excerpt: assistance. See also Zheng v. Gonzales, 422 F.3d 98, 106 (3d Cir.2005). The Board also declined to exercise its sua sponte authority to reopen proceedings. Sadiku timely petitioned for review of this Board decision in the Court of Appeals for the Second Circuit, and the matter was transferred here for lack of venue. We will deny the petition. We have jurisdiction to review final orders of removal pursuant to 8 U.S.C. § 1252(a)(1). We are not authorized to review the Board’s February 5, 2003 decision, because the petition for review is timely, see 8 U.S.C. § 1252(b)(1) (providing for thirty period for filing petition for review), only as to the March 28, 2007 decision. See Stone v. Immigration & Naturalization Serv., 514 U.S. 386, 405-06, 115 S.Ct. 1537, 131 L.Ed.2d 465 (1995) (<HOLDING>). Here, Sadiku did not seek review in this Options: A. holding that the evidence supported two separate convictions and punishments for two attempted robberies of two different victims who suffered separate and distinct harms B. holding unanimity requirement not violated when charge stated two separate counts with two separate and distinct offenses in each case C. holding that in context of motion for reconsideration or to reopen congress envisioned two separate timely petitions for review of two separate final orders D. recognizing that orders denying motions to reopen are treated as final orders of removal E. recognizing that both final and nonfinal orders may be the subject of motions for reconsideration

assistant: The best answer is C. holding that in context of motion for reconsideration or to reopen congress envisioned two separate timely petitions for review of two separate final orders
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: because the allegedly false statements plausibly have the capacity to mislead. Finally, Count XII must be dismissed because the FDCPA’s cease communications provisions are not violated where a communication is sent directly to the debtor as required by state law. An appropriate Order will issue. 1 . 15 U.S.C. §§ 1692-1692p(2006). 2 . The facts stated herein are derived from plaintiffs’ second amended complaint and are assumed to be true for the purpose of considering Mancini’s motions to dismiss. See Trulock v. Freeh, 275 F.3d 391, 399 (4th Cir.2001). Also properly considered are the documents referenced by the second amended complaint that are essential to plaintiffs’ claims, as their authenticity is not disputed. See Phillips v. LCI Int’l, Inc., 190 F.3d 609, 618 (4th Cir.1999) (<HOLDING>)- 3 . Although the letter is addressed to Options: A. holding that 1 the complaint is deemed to include any documents incorporated in it by reference and any document upon which it solely relies and which is integral to the complaint and that the court may consider such documents on a motion to dismiss pursuant to fedrcivp 12b6 B. holding that in connection with a motion to dismiss the court may consider a document not attached to the pleadings where the plaintiffs claim depends on the contents of a document the defendant attaches the document to its motion to dismiss and the parties do not dispute the authenticity of the document even though the plaintiff does not explicitly allege the contents of that document in the complaint C. holding that a court ruling on a motion to dismiss may consider a document that is referenced in the complaint and is central to the plaintiffs claims D. holding that although a district court may not consider matters extraneous to the pleadings a document integral to or explicitly relied upon in the complaint may be considered without converting the motion to dismiss in one for summary judgment E. holding that a court may consider a document submitted by a defendant in determining whether to dismiss the complaint because it was integral to and explicitly relied on in the complaint and because the plaintiffs do not challenge its authenticity

assistant: The best answer is E. holding that a court may consider a document submitted by a defendant in determining whether to dismiss the complaint because it was integral to and explicitly relied on in the complaint and because the plaintiffs do not challenge its authenticity
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 Amended Agreement is the product of negotiations among the Consenting Second Lien Creditors and the Consenting Senior Unsecured Creditors and in the enforcement or interpretation hereof, is to be interpreted in a neutral manner, and any presumption with regard to interpretation for or against any Party by reason of that Party having drafted or caused to be drafted this Amended Agreement, or any portion hereof, shall not be effective in regard to the interpretation hereof. The Consenting Second Lien Creditors and the Consenting Senior Unsecured Creditors were each represented by counsel during the negotiations and drafting of this Amended Agreement and continue to be represented by counsel and, therefore, waive the application of any law, regulation, holding or rule of construction (i) providing that ambiguities in an agreement or other document shall be construed against the party drafting such agreement or document or (ii) any Party with a defense to the enforcement of the terms of this Amended Agreement against such Party based upon lack of legal counsel.

assistant: Interpretations
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: To the extent legally required, the Code and ERISA shall govern the Plan and, if any provision hereof is in violation of any applicable requirement thereof, the Company reserves the right to retroactively amend the Plan to comply therewith. To the extent not governed by the Code and ERISA, the Plan shall be governed by the laws of the State of Delaware, without regard to the choice of law principles 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 legal provision and list the applicable contract clause categories. Provision: The term of this Agreement shall be for a period of the earlier of twelve months from the Effective Date or the completion of the Placement (the “ Term ”). In the event of the termination of this Agreement, the Placement Agent’s compensation due under this Agreement will be payable in full and the compensation payable under Section 1(A) will continue for the eighteen (18) month period commencing with such termination as set forth in Section 1(C). The provisions of Sections 1(C), 2, 3, 4, 7, 9, 10 and 11 of this Agreement and Appendix A shall survive this Agreement’s expiration or termination.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Lenders agree to indemnify the Agent (to the extent not reimbursed by the Borrower and without limiting its obligation to do so), ratably according to the respective principal amounts of the Advances then owed to each of them (or if no Advances are at the time outstanding, ratably according to the respective amounts of their Commitments), from and against any and all liabilities, obligations, losses, damages, penalties, actions, judgments, suits, costs, expenses or disbursements of any kind or nature whatsoever that may be imposed on, incurred by, or asserted against the Agent in any way relating to or arising out of this Agreement or any action taken or omitted by the Agent under this Agreement (collectively, the “ Indemnified Costs ”), provided that no Lender shall be liable for any portion of the Indemnified Costs resulting from the Agent’s gross negligence or willful misconduct. Without limitation of the foregoing, each Lender agrees to reimburse the Agent promptly upon demand for its ratable share of any out-of-pocket expenses (including reasonable counsel fees) incurred by the Agent in connection with the preparation, execution, delivery, administration, modification, amendment or enforcement (whether through negotiations, legal proceedings or otherwise) of, or legal advice in respect of rights or responsibilities under, this Agreement, to the extent that the Agent is not reimbursed for such expenses by the Borrower. In the case of any investigation, litigation or proceeding giving rise to any Indemnified Costs, this Section 7.08 applies whether any such investigation, litigation or proceeding is brought by the Agent, any Lender or a third party.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: between the defendant and a person within the personal jurisdiction of the court is not enough.” Stauffacher v. Bennett, 969 F.2d 455, 460 (7th Cir.1992). Therefore, Chiriia failed to make out a prima facie case that the district court could exercise personal jurisdiction over the English defendants. Chirila’s argument that the district court abused its discretion in denying him leave to amend his second amended complaint to address the personal jurisdiction deficiency is also unpersuasive. Although the district court did not grant Chiriia an evidentiary hearing or preliminary discovery on the issue of personal jurisdiction, the court reviewed his complaint under a particularly lenient standard of review. See Data Disc, Inc. v. Sys. Tech. Assocs., 557 F.2d 1280, 1285 (9th Cir.1977) (<HOLDING>). The district court applied the correct Options: A. holding to establish a prima facie case of racial discrimination a plaintiff must show he 1 B. holding that a prima facie case is subject to independent review C. holding plaintiff must make concrete showing of a prima facie claim of actionable harm denying motion to quash subpoena to undercover identity of doe defendants where inter alia plaintiff offered sufficient evidence to show it could establish prima facie claim D. holding that a plaintiff must merely make out a prima facie case to withstand a motion to dismiss for lack of personal jurisdiction where there has been no evidentiary hearing E. holding that a title vii plaintiff need not plead the elements of a mcdonnell douglas prima facie case to survive a motion to dismiss

assistant: The best answer is D. holding that a plaintiff must merely make out a prima facie case to withstand a motion to dismiss for lack of personal jurisdiction where there has been no evidentiary hearing
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: at 555, 557, 127 S.Ct. 1955). 45 . Id. 46 . Contracom Commodity Trading Co. v. Seaboard Corp., 189 F.R.D. 655, 666 (D.Kan.1999). 47 . Kan. Stat. Ann. § 60-1902 (2014). 48 . An heir at law is the person "designated by statute who succeeds to the estate of a deceased person.” Johnson v. McArthur, 226 Kan. 128, 596 P.2d 148, 152 (1979). When a deceased leaves children but no spouse, the children are the heirs at law. Kan. Stat. Ann. § 59-506. Here, William Draughon left children and no spouse. Thus, the heirs at law are his children. 49 . Mo.Rev.Stat. § 537.080.1 (2014). 50 . Whether this case is decided in a federal court sitting in Kansas or Missouri has no bearing on whether Kansas or Missouri law applies. Van Dusen v. Barrack, 376 U.S. 612, 639, 84 S.Ct. 805, 11 L.Ed.2d 945 (1964) (<HOLDING>). 51 . 28 U.S.C. § 1346(b)(1). 52 . Richards v. Options: A. holding that a change of venue has no affect on the applicable state law and that change of venue is but a change of courtrooms B. holding that the defendant waived the issue of change of venue where the trial court denied the motion for a change of venue without prejudice stating that it was willing to reconsider the motion at any time during the jury selection process but the defendant never renewed the motion for a change of venue C. holding that the issue of change of venue was waived where the defendants motion for a change of venue was denied without prejudice to its renewal during jury selection but the motion was not renewed during empanelment of the jury D. holding that where a defendant if given the opportunity to renew a motion for a change of venue immediately prior to trial but fails to do so the right to challenge venue is waived E. holding court cannot change custody without showing that change is in best interests of child

assistant: The best answer is A. holding that a change of venue has no affect on the applicable state law and that change of venue is but a change of courtrooms
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: If the Executive’s employment terminates by reason of the Executive’s death, this Agreement shall terminate without further obligations to the Executive’s legal representatives under this Agreement, other than for payment of Accrued Obligations and any incentive compensation for the year in which the death occurred prorated through the Date of Termination. Accrued Obligations shall be paid to the Executive’s estate or beneficiary, as applicable, in a lump sum in cash within 30 days of the Date of Termination; provided, however, that payment may be deferred until the Executive’s executor or personal representative has been appointed and qualified pursuant to the laws in effect in the Executive’s jurisdiction of residence at the time of the Executive’s death. The Executive’s estate and/or beneficiaries shall be entitled to receive, benefits at least equal to the most favorable benefits provided by the Company and the Bank to the estate and beneficiaries of other executives in comparable positions with the Company and the Bank under such plans, programs, practices and policies relating to death benefits, if any, as in effect on the date of the Executive’s death.

assistant: Death
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 court sufficiently stated on the record the reasons for the sentences it was imposing.”). Accordingly, we hold that the district court’s failure to comply with the “written” statement requirement of § 3553(c)(2) does not render Williams’s sentence procedurally unreasonable. c. Williams also argues that the district court committed procedural error by selecting his sentence based upon the allegedly erroneous and conflicting factual finding that he intended to distribute crack cocaine to his girlfriend. Because Williams failed to raise this issue when the district court asked, “Does either party have any objection to the sentence just pronounced that’s not been previously raised?,” we review the claim for plain error. See United States v. Bostic, 371 F.3d 865, 872-73 (6th Cir.2004) (<HOLDING>). To demonstrate plain error, Williams must Options: A. holding that plain error review applies when a party fails to raise a claim before the district court B. holding that the courts review is conducted under the plain error standard C. holding that we review for plain error whether the government breached its plea obligations when the defendant fails to object at sentencing D. holding that where the government has not presented evidence at the hearing concerning the appropriate amount of restitution the imposition of the restitution order constitutes plain error E. holding that plain error review applies to objections that were not raised when the district court asked the appropriate question at the conclusion of the sentencing hearing

assistant: The best answer is E. holding that plain error review applies to objections that were not raised when the district court asked the appropriate question at the conclusion of the sentencing hearing