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: confrontation right — “physical presence, oath, cross-examination, and observation of demeanor by the trier of fact” — physical presence, or a defendant’s right to confront the witnesses against him face-to-face, forms “the core of the values furthered” by the Clause. Maryland v. Craig, 497 U.S. 836, 846-47, 110 S.Ct. 3157, 111 L.Ed.2d 666 (1990); see also Coy v. Iowa, 487 U.S. 1012, 1016, 108 S.Ct. 2798, 101 L.Ed.2d 857 (1988) (finding a violation of the right to confront witnesses where a screen was placed between the defendant and two child witnesses in a child abuse case). But the physical confrontation right is not absolute, and alternatives such as video-confrontation may be acceptable where “necessary to further an important policy.” See Craig, 497 U.S. at 852, 110 S.Ct. 3157 (<HOLDING>); see also United States v. Bell, 464 F.2d 667, Options: A. holding that the confrontation clause does not categorically prohibit a child witness in a sexual abuse case from testifying against a defendant at trial outside defendants physical presence by means of oneway closed circuit television B. holding that any confrontation right is found in the fourteenth amendments due process clause not the confrontation clause of the sixth amendment C. holding that use of a oneway closed circuit television proce dure where necessary to further an important state interest does not impinge upon the truthseeking or symbolic purposes of the confrontation clause D. holding that hearsay argument for admission of evidence did not preserve confrontation clause challenge on appeal argument could have referred either to rules of evidence or confrontation clause but failed to identify confrontation clause as basis and thus did not put trial court on notice of issue E. holding that the confrontation clause does not apply to the sentencing hearing

assistant: The best answer is C. holding that use of a oneway closed circuit television proce dure where necessary to further an important state interest does not impinge upon the truthseeking or symbolic purposes of the confrontation clause
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: were not argued in the appellant’s initial brief to this Court. See, e.g., Carbino v. West, 168 F.3d 32, 34 (Fed. Cir.1999) (Carbino II) (“improper or late presentation of an issue or argument [i.e., raised in the reply brief for the first time] ... ordinarily should not be considered”) aff'g Carbino v. Gober, 10 Vet.App. 507, 511 (1997) (Carbino I) (declining to review argument first raised in appellant’s reply brief); Ledford v. West, 136 F.3d 776, 781 (Fed.Cir.1998) (stressing importance of raising arguments to BVA pursuant to “doctrine of exhaustion of administrative remedies”); Savage v. Gober, 10 Vet.App. 488, 498 (1997) (Court declines to review matter first raised by amicus curiae subsequent to appellant’s motion for panel review); Horowitz v. Brown, 5 Vet.App. 217, 225 (1993) (<HOLDING>); Tubianosa v. Derwinski, 3 Vet.App. 181, 184 Options: A. holding that the prisoner has the burden of demonstrating he has exhausted his administrative remedies in his complaint B. holding that if adequate administrative remedies are available it is improper to seek relief in court before those remedies are exhausted C. holding that administrative remedies must be exhausted prior to filing a claim in court D. holding that because veteran had never before submitted due process issue to bva he had not exhausted his administrative remedies and court declined to address merits of that claim E. holding that a texas prisoner who had not exhausted his clearly available administrative remedies was properly denied habeas relief in the district court

assistant: The best answer is D. holding that because veteran had never before submitted due process issue to bva he had not exhausted his administrative remedies and court declined to address merits of that claim
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: and State’s Exhibit 10 as cocaine in rock form. When the State offered the exhibits, appellant’s trial counsel stated, “[W]e have no objection, Your Honor.” The court then admitted these exhibits. In general, when a court overrules a pretrial motion to suppress evidence, the defendant need not object to the same evidence in order to preserve the error on appeal. Brown v. State, 183 S.W.3d 728, 741 (Tex.App.-Houston [1st Dist.] 2005, pet. reff) (citing Moraguez v. State, 701 S.W.2d 902, 904 (Tex.Crim.App.1986)). However, when a defendant affirmatively states that he has “no objection” to the admission of the complained of evidence, the defendant waives any error in the admission of the evidence. Brown, 183 S.W.3d at 741; see also Hams v. State, 656 S.W.2d 481, 484 (Tex.Crim.App.1983) (<HOLDING>). Here, the record reflects that appellant Options: A. holding that an objection raised in a motion to suppress evidence preserves the issue for appeal despite the lack of further objection at trial B. holding that waiver by attorney was binding upon the accused when before the state introduced the evidence complained of on appeal counsel for the state in the presence of the accused and his counsel stated the agreement and the evidence of the witness was then read to the jury in the presence of the accused and his counsel without objection C. holding a trial court erred in determining that a motion to suppress was waived by a speedy trial demand D. holding that overruling an objection to evidence will not result in reversal when other such evidence is received without objection E. holding that appellants complaint that trial court erred in overruling his motion to suppress evidence obtained as result of illegal seizures was rendered moot when state offered complained of evidence and defense counsel affirmatively stated no objection

assistant: The best answer is E. holding that appellants complaint that trial court erred in overruling his motion to suppress evidence obtained as result of illegal seizures was rendered moot when state offered complained of evidence and defense counsel affirmatively stated no objection
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: negligence of a physician precludes the manufacturer’s liability for failure to warn of risks of off-label use). Id. at 194-95. Cases from other federal courts applying state law have expressly found that a pharmaceutical manufacturer had a duty to warn of risks associated with off-label use. See, e.g., McNeil v. Wyeth, 462 F.3d 364, 370-71 (5th Cir.2006) (under Texas law, plaintiffs can pursue failure to warn action despite off-label use of drug); Knipe v. SmithKline Beecham, 583 F.Supp.2d 602, 628-29 (E.D.Pa.2008) (con- eluding, under New Jersey law, that manufacturer owed duty to warn of dangers associated with off-label uses of drugs where manufacture knows or should have known of danger of side effects); Southern v. Pfizer, Inc., 471 F.Supp.2d 1207, 1218 (N.D.Ala.2006) (<HOLDING>); Woodbury v. Janssen Pharm., Inc., Civ. A. No. Options: A. holding that a brand manufacturer of prescription drugs cannot be held liable for injuries suffered by consumers who ingested only the generic form of a drug under florida law B. holding that where the adequacy of warnings associated with prescription drugs is at issue the failure of the manufacturer to exercise reasonable care to warn of dangers ie the manufacturers negligence is the only recognized basis of liability C. recognizing under illinois law that pharmaceutical manufacturer has duty to warn of any dangers associated with offlabel use of product if such dangers were reasonably known D. holding that a general contractor owed no duty to an employee of a subcontractor to warn of dangers of electrocution E. recognizing under alabama law that drugs manufacturer owed duty to warn about potential dangers of using prescription drug for an offlabel to patients prescribing physician by drugs manufacturer

assistant: The best answer is E. recognizing under alabama law that drugs manufacturer owed duty to warn about potential dangers of using prescription drug for an offlabel to patients prescribing physician by drugs manufacturer
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: As of the Closing Date, the Loan Parties have no Subsidiaries other than those specifically disclosed in Part (a) of Schedule 5.13 , which Schedule sets forth the legal name, jurisdiction of incorporation or formation and authorized Equity Interests of each such Subsidiary. All of the outstanding Equity Interests in such Subsidiaries have been validly issued, are fully paid and non-assessable and are owned by a Loan Party (or a Subsidiary of a Loan Party) in the amounts specified on Part (a) of Schedule 5.13 free and clear of all Liens other than Permitted Encumbrances. Except as set forth in Schedule 5.13 , there are no outstanding rights to purchase any Equity Interests in any Subsidiary. As of the Closing Date, the Loan Parties have no equity investments in any other corporation or entity other than those specifically disclosed in Part (b) of Schedule 5.13 . All of the outstanding Equity Interests in the Loan Parties have been validly issued, and are fully paid and non-assessable and are owned in the amounts specified on Part (c) of Schedule 5.13 free and clear of all Liens except for those created under the Security Documents. The copies of the Organization Documents of each Loan Party and each amendment thereto provided pursuant to Section 4.01 are true and correct copies of each such document, each of which is valid and in full force and effect.

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: No Loan Party maintains or contributes to any employee pension benefit plan subject to title IV of ERISA, except those set forth in Schedule 7.6 (each, a “Pension Plan”). There is no material unfunded past service liability of any Pension Plan maintained by any Loan Party, and there is no “accumulated funding deficiency” within the meaning of Section 302 of ERISA, or any existing material liability with respect to any Pension Plan owed to the Pension Benefit Guaranty Corporation (“PBGC”) or any successor thereto, except any funding deficiency for which an application to the PBGC for waiver is pending or for which a waiver has been granted by the PBGC.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: a. you agree not to distribute any part of or parts of the website or the service , including but not limited to any content , in any medium without youtube 's prior written authorisation , unless youtube makes available the means for such distribution through functionality offered by the service ( such as the youtube player ) ;

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 SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK WITHOUT REGARD TO THE CONFLICTS OF LAWS PRINCIPLES THEREOF THAT WOULD REQUIRE THE APPLICATION OF LAWS OF ANOTHER JURISDICTION.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All notices and other communications hereunder shall be in writing and shall be delivered personally or by next-day courier or telecopied with confirmation of receipt to the parties at the addresses specified below (or at such other address for a party as shall be specified by like notice; provided that notices of change of address shall be effective only upon receipt thereof). Any such notice shall be effective upon receipt, if personally delivered, or telecopied, or one (1) day after delivery to a courier for next-day delivery.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Borrower shall, and shall cause each Secured Guarantor to, promptly execute any further instruments and take further action as Agent reasonably requests to perfect or better perfect or continue Agent’s Lien in the Collateral or to effect the purposes of this Agreement or any other Financing Document.

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: Each of the Loan Parties owns, or is licensed to use, all the Intellectual Property material to its business, and the use thereof by the Loan Parties does not infringe upon the rights of any other Person except for any such failure to own or license and for any such infringements that, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect.

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: The escrow (the “ Escrow ”) for the consummation of this transaction shall be established with Escrow Holder at the address indicated in Section 15.1 hereof by the deposit of an original signed copy of this Agreement with Escrow Holder contemporaneously with the execution hereof. This Agreement shall constitute both an agreement among Buyer and Seller and escrow instructions for Escrow Holder. If Escrow Holder requires separate or additional escrow instructions which it deems necessary for its protection, Seller and Buyer hereby agree promptly upon request by Escrow Holder to execute and deliver to Escrow Holder such separate or additional escrow instructions (the “ Additional Instructions ”). In the event of any conflict or inconsistency between this Agreement and the Additional Instructions, this Agreement shall prevail and govern, and the Additional Instructions shall so provide. The Additional Instructions shall not modify or amend the provisions of this Agreement unless otherwise agreed to in writing by Seller and Buyer.

assistant: Closings
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 remedies herein provided are cumulative and not exclusive of any remedies provided by law. Without limiting the foregoing, Lamar and each Originator hereby authorizes the Buyer, the Administrative Agent and each Lender (collectively, the “ Set-off Parties ”), at any time and from time to time, to the fullest extent permitted by law, to set off, against any obligations of Lamar or such Originator to such Set-off Party arising in connection with the Transaction Documents (including, without limitation, amounts payable pursuant to Section 9.1 ) that are then due and payable or that are not then due and payable but have accrued, any and all deposits (general or special, time or demand, provisional or final) at any time held by, and any and all indebtedness at any time owing by, any Set-off Party to or for the credit or the account of Lamar or such Originator.

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: Damages in the event of breach of this Agreement by a Party hereto may be difficult, if not impossible, to ascertain. Therefore, each Party, in addition to and without limiting any other remedy or right it may have, will have the right to seek a declaratory judgment and will have the right to an injunction or other equitable relief in any court of competent jurisdiction, enjoining any such breach, and enforcing specifically the terms and provisions hereof, and each of the Parties hereto hereby waives any and all defenses it may have on the ground of lack of jurisdiction or competence of the court to grant such an injunction or other equitable relief. The existence of this right will not preclude any Party from pursuing any other rights and remedies at law or in equity that such Party may have.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: also Michael Powell & Gretchen Morgenson, MERS? It May Have Swallowed Your Loan, N.Y. Times, March 6, 2011, http://www.nytimes.com/ 201 l/03/06/business/06mers.html (describing the “mounting” legal challenges facing MERS). The obvious advantage of the MERS System is that it allows residential lenders to avoid the bother and expense of recording every change of ownership of promissory notes. See, e.g., Phyllis K. Slesinger & Daniel McLaughlin, Mortgage Electronic Registration System, 31 Idaho L.Rev. 805, 808 (1995); About Us, MERS, http:// www.mersinc.org/about-us/about-us (last visited May 5, 2014) (stating that MERS was “created by the mortgage banking industry to streamline the mortgage process”). Critics have pointed out, however, that v. Cin Kham, 278 P.3d 586, 592-93 (Okla.2012) (<HOLDING>); Brandrup v. ReconTrust Co., N.A., 353 Or. Options: A. holding that mers lacked standing to foreclose as the lenders nominee B. holding that the putative noteholder lacked standing to foreclose because mers lacked authority to assign the note though it arguably had authority to assign the mortgage C. holding that because plaintiff failed to assign error to the dismissal of one its claims that issue was not properly before this court D. holding that even if the individual who signed the mortgage assignment lacked the authority to do so the assignment would still be binding on mers because he purported to be authorized E. holding that because a mortgage provides the security for the repayment of the note the person having standing to foreclose a note secured by a mortgage may be either the holder of the note or a nonholder in possession of the note who has the rights of a holder

assistant: The best answer is B. holding that the putative noteholder lacked standing to foreclose because mers lacked authority to assign the note though it arguably had authority to assign the mortgage
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 Participant in the Umpqua Plan on December 31, 2002, who had one or more account balances in the Umpqua Plan on that date automatically became a Participant in the Plan on the Merger Date, and shall continue as a Participant in the Plan until all of the Participant’s vested account balances are distributed, subject to the terms and conditions of the Plan and this Supplement H.

assistant: Participations
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: found in cases where state statutes explicitly made certain arbitration clauses unen-foreeable or placed serious burdens on the enforceability of arbitration provisions. See, e.g., Doctor's Assocs., 517 U.S. at 688, 688, 116 S.Ct. 1652 (finding preemption where Montana law made arbitration clauses unenforceable unless the first page of the contract contained in underlined capital letters a statement that the contract was subject to arbitration); Allied-Bruce Terminix Cos. v. Dobson, 518 U.S. 265, 269, 272-78, 282, 115 S.Ct. 834, 130 L.Ed.2d 758 (1995) (reversing Alabama Supreme Court's denial of arbitration based on a state statute rendering predispute arbitration agreements invalid and unenforceable); Southland Corp. v. Keating, 465 U.S. 1, 10-16, 104 S.Ct. 852, 79 L.Ed.2d 1 (1984) (<HOLDING>). But no such statute is involved here. Nor is Options: A. holding invalid on preemption grounds state statute making agreements to arbitrate franchise claims unenforceable B. holding that court should consider issues relating to making and performance of agreement to arbitrate C. holding that agreements to arbitrate are valid unless grounds exist at law or in equity for revocation including voidness under public policy D. holding on state constitutional grounds that school boards lack authority to arbitrate E. holding removal and preemption are distinct concepts erisa preemption does not allow removal unless complete preemption exists

assistant: The best answer is A. holding invalid on preemption grounds state statute making agreements to arbitrate franchise claims unenforceable
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: Agent may, upon any term or condition it specifies, delegate or exercise any of its rights, powers and remedies under, and delegate or perform any of its duties or any other action with respect to, any Loan Document by or through any trustee, co-agent, employee, attorney-in-fact and any other Person (including any Secured Party). Any such Person shall benefit from this Article VIII to the extent provided by Agent.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: limits” means either the inability to perform a major life activity, or a significant restriction on a major life activity as compared to the general population. 29 C.F.R. § 1630.2(j)(l). The EEOC regulations provide that, in determining whether an individual is substantially limited in a major life activity, a court should consider: 1) the nature and severity of the impairment; 2) the duration of the impairment; and 3) its long term impact. 29 C.F.R. § 1630.2(j)(2). Generally, short term restrictions are not substantially limiting. Roush, 96 F.3d at 843. “[T]emporary, non-chronic impairments of short duration, with little or no long term impact, are usually not disabilities.” 29 C.F.R. Pt. 1630 App.; see also Sanders v. Arneson Prods., Inc., 91 F.3d 1351, 1354 (9th Cir.1996) (<HOLDING>); McDonald v. Pennsylvania Dep’t of Pub. Options: A. holding that there was no employment contract where personnel manual provided that after three months an employee became a permanent employee where there was no additional expression as to duration B. holding that an impairment lasting three and one half months with no residual effects was not of sufficient duration to fall within the protections of the ada C. holding that there was no indication of a continuing scheme because the undisputed facts showed that the alleged scheme was of a relatively short duration between three and eleven months D. holding one and onehalf months establishes causation while three months is too long and does not E. holding that in order to establish liability under the ada the plaintiff must demonstrate that the defendant was an employer within the meaning of the statute

assistant: The best answer is B. holding that an impairment lasting three and one half months with no residual effects was not of sufficient duration to fall within the protections of the ada
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Mortgagor will keep proper books of record and account in which complete correct entries will be made of the Mortgagor’s transactions in accordance with sound accounting principles consistently applied and will furnish or cause to be furnished to the Mortgagee (a) all reports required under the Loan Papers, and (b) such other information concerning the business and affairs and financial condition of the Mortgagor as the Mortgagee may from time to time reasonably request.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed by facsimile signatures and in several counterparts, and by the parties hereto in separate counterparts, and each counterpart, when so executed and delivered, shall constitute an original agreement, and all such separate counterparts shall constitute but one and the same agreement.

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 legal provision and list the applicable contract clause categories. Provision: Contractor acknowledges that Contractor’s employees will not receive benefits from Company either as a Contractor or employee, including without limitation paid vacation, sick leave, medical insurance, and 401(k) participation. If a Contractor employee is reclassified by a state or federal agency or court as an employee of Company, Contractor’s employee will become a reclassified employee and will receive no benefits except those mandated by state or federal law, even if by the terms of Company's benefit plans in effect at the time of the reclassification Contractor’s employee would otherwise be eligible for benefits.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: ( ii ) post or transmit unsolicited or unauthorized advertising , or promotional materials , that are in the nature of `` junk mail , '' `` spam , '' `` chain letters , '' `` pyramid schemes , '' or any other form of solicitation that linden lab considers to be of such nature ;

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement has been validly authorized, executed and delivered by the Buyer and, assuming the due authorization, execution and delivery thereof by the Expense Note Sellers, is a valid and binding agreement enforceable in accordance with its terms, subject to the general principles of equity and to bankruptcy or other laws affecting the enforcement of creditors’ rights generally. The execution, delivery and performance of this Agreement by Buyer does not and will not conflict with, violate or cause a breach of, constitute a default under, or result in a violation of (i) any agreement, contract or instrument to which Buyer is a party which would prevent Buyer from performing its obligations hereunder or (ii) any law, statute, rule or regulation to which Buyer is subject.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: as such , we are not liable for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such third-party applications .

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 case excerpt and choose the best holding from the options. Case excerpt: the plea-agreement-disclosure requirement. Although Wilder did not testify pursuant to a plea agreement, the Court finds that the prosecutor’s repeated reference to the “minimal” benefit afforded Wilder for his testimony was improper. The Court also finds that the prosecutor’s statements tended to mislead the jury, prejudiced Petitioner by hamstringing his efforts to explore fully Wilder’s motives for testifying, and were deliberately placed before the jury by the prosecutor. In addition, considered in the context of the relative weakness of the prosecution’s case, which relied heavily on Wilder’s testimony and the testimony of admitted drug dealers, the prosecutor’s misconduct rendered the trial fundamentally unfair. See Scott v. Foltz, 612 F.Supp. 50, 58 (E.D.Mich.1985) (Cohn, J.) (<HOLDING>). The Court finds that the state court’s Options: A. holding that the prosecutors statement about a witnesss truthfulness was proper because the evidence showed that the witness complied with the plea agreement not that he told the truth simply because he entered into the plea agreement B. holding specific performance of plea agreement proper remedy where defendant testified against all of his coconspirators and where court later unilaterally breached original plea agreement by imposing a ninety day term of incarceration in addition to sentence of probation that had been earlier agreed to without first providing1 defendant with opportunity to withdraw plea on the record C. holding witnesss false testimony regarding plea agreement was reasonably likely to have impacted the jurys judgment where case essentially amounted to a credibility contest between the witness who testified falsely regarding a plea agreement and the defendant D. holding that where judgment and sentence for nonexistent crime had to be vacated upon remand the state shall have the option of withdrawing from the entire plea agreement since the plea agreement was based on a material mistake of law which works to the benefit of the defendant E. holding that a defendant must have knowledge of the likely consequences of entering the guilty plea in order for a plea to be voluntary and knowing

assistant: The best answer is C. holding witnesss false testimony regarding plea agreement was reasonably likely to have impacted the jurys judgment where case essentially amounted to a credibility contest between the witness who testified falsely regarding a plea agreement and the defendant
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 Pennsylvania consumer protection laws are preempted, we must look to the ordinary meaning of the term(s) and consider the then existing federal common law definitions. See, e.g., FMC Corp. v. Holliday, 498 U.S. 52, 111 S.Ct. 403, 112 L.Ed.2d 356 (1990); Perrin v. United States, 444 U.S. 37, 100 S.Ct. 311, 62 L.Ed.2d 199 (1979); Burns v. Alcala, 420 U.S. 575, 95 S.Ct. 1180, 43 L.Ed.2d 469 (1975). “[Wjhere words are employed in a statute which had at the time a well-known meaning at common law or in the law of this country[,] they are presumed to have been used in that sense unless the context compels to the contrary.” Lorillard v. Pons, 434 U.S. 575, 583, 98 S.Ct. 866, 871, 55 L.Ed.2d 40 (1978); see also Evans v. First Nat’l Bank, 251 U.S. 108, 40 S.Ct. 58, 64 L.Ed. 171 (1919) (<HOLDING>). “Interest rate” is defined as “[t]he Options: A. holding that federal law defines fiduciary capacity and fraud or defalcation B. holding that federal law completely defines what constitutes the taking of usury by a national bank referring to state law only to determine the maximum permitted rate C. holding that the plaintiffs state law claims are preempted by federal law D. holding that with respect to the eaja the local or national market rate for legal services cannot be a special factor used to increase the rate beyond the statutory rate E. holding that federal courts presiding over causes of action created by state law should apply state substantive law but federal procedural law

assistant: The best answer is B. holding that federal law completely defines what constitutes the taking of usury by a national bank referring to state law only to determine the maximum permitted rate
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: During the Term until the Specified Expiration Date, the Executive shall continue to (i) serve as a Vice Chairman and Managing Director of Lazard Group and Chief Executive Officer of Lazard Asset Management LLC, with such authority, duties and responsibilities as are consistent with the authority, duties and responsibilities exercised by the Executive on the date hereof, (ii) report directly to the Firm’s Chief Executive Officer and (iii) other than in respect of charitable, educational and similar activities that do not materially affect the Executive’s duties to the Firm (or in respect of directorships, trusteeships, or similar posts, in each case, that are approved by the Firm’s Chief Executive Officer), devote his entire working time, labor, skill and energies to the business and affairs of the Firm. During the Term, the Executive shall comply with the Firm’s professional code of conduct as in effect from time to time and shall execute on an annual basis and at such additional times as the Firm may reasonably request such code as set forth in the Firm’s “Professional Conduct Manual” or other applicable manual or handbook of the Firm as in effect from time to time and applicable to managing directors in the same geographic location as the Executive.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: the notice must ( a ) include your name , residence address and the email address and/or mobile telephone number associated with your account ; ( b ) describe the nature and basis of the claim ; and ( c ) set forth the specific relief sought .

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: Any notice hereunder to IDACORP, Inc. shall be addressed to its office at 1221 West Idaho Street, Boise, Idaho 83702; Attention: Manager of Compensation, and any notice hereunder to the Participant shall be addressed to him or her at the address specified on the Restricted Stock Unit Agreement, subject to the right of either party to designate at any time hereafter in writing some other address.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of the Florida Contraband Forfeiture Act.’ ” Florida v. White, 526 U.S. 559, 562 n. 2, 119 S.Ct. 1555, 143 L.Ed.2d 748 (1999) (quoting Fla. Stat. § 932.703(2)(a)). The Florida statute further provides: Seizing agencies shall make a diligent effort to notify the person entitled to notice of the seizure. Notice provided by certified mail must be mailed within 5 working days after the seizure and must state that a person entitled to notice may request an adversarial preliminary hearing within 15 days after receiving such notice.... The seizing agency shall set and notice the hearing, which must be held within 10 days after the request is received or as soon as practicable thereafter. Fla. Stat. § 932.703(2)(a); see also Cochran v. Harris, 654 So.2d 969, 972 (Fla.Dist.Ct.App.1995) (<HOLDING>); cf. Ariz. Rev.Stat. § 13^4310(B) (providing Options: A. holding the tenday requirement was ministerial and the defendant failed to show he was prejudiced by the delay B. recognizing due process right to notice and informal hearing in school disciplinary process C. holding that no prejudice to the defendant arose from a delay in holding his parole revocation hearing twentyfour hours beyond the ninetyday limit D. holding that a delay of twentythree days beyond the tenday limit for a hearing under 932703 violated the claimants right to due process E. holding that due process requires a hearing appropriate to the nature of the case

assistant: The best answer is D. holding that a delay of twentythree days beyond the tenday limit for a hearing under 932703 violated the claimants right to due process
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Subject to Section 9(e) hereof, any dispute, controversy, or claim arising out of or relating to this Agreement or breach thereof, or arising out of or relating in any way to the employment of Executive or the termination thereof, shall be submitted to arbitration in accordance with the Employment Dispute Arbitration Rules of the American Arbitration Association. The arbitration proceedings shall be held in the either Butler County, Kansas, or Sedgwick County, Kansas. Judgment upon the award rendered by the arbitrator may be entered in any court of competent jurisdiction. In reaching his decision, the arbitrator shall have no authority to ignore, change, modify, add to or delete from any provision of this Agreement, but instead is limited to interpreting this Agreement. The parties specifically acknowledge that the Arbitrator must award fees, including attorneys’ fees, and costs of the arbitration to the prevailing party in any such proceeding.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: that the alleged RICO activity predominantly occurred in New York rather than New Jersey, and was primarily aimed at harming plaintiffs indirectly by damaging their reputation by influencing the mostly New York-based financial markets and financial news media. In those circumstances, the application of New York law would not set a precedent that inhibits New Jersey from providing a civil cause of action for in-state activities that qualify as racketeering under New Jersey’s statute; New Jersey could still protect its domiciliaries and New Jersey commerce from harm that is felt mostly within its borders. In contrast, applying New Jersey’s civil cause of action would nullify New York’s policy of protecting analogous activity from being prosecuted as “rack , 948 A.2d 686 (App. Div. 2008) (<HOLDING>); Almog v. Isr. Travel Advisory Serv., Inc., Options: A. recognizing israel had no interest in denying its citizens the substantive advantages of new jersey defamation law in new jersey residents claims for defamation published in new jersey B. recognizing new jerseys interest in deterrence of tortious misconduct as a relevant factor in choice of law decisions applicable where two of defendants were new jersey residents from whom damages were sought for their negligent acts in new jersey C. holding that a writ of execution under new jersey law is not an action against the consumer D. recognizing that pennsylvania had no interest in denying its residents the greater damages available under new jersey consumer fraud statutes for claims against a new jersey seller E. recognizing that alabama had no interest in denying its residents the procedural and substantive advantages afforded under new jerseys product liability and consumer fraud statutes but not alabamas for claims against a new jersey manufacturer

assistant: The best answer is E. recognizing that alabama had no interest in denying its residents the procedural and substantive advantages afforded under new jerseys product liability and consumer fraud statutes but not alabamas for claims against a new jersey manufacturer
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: Parent and each Subsidiary has filed all federal, state, foreign and local tax returns which were required to be filed (subject to any valid extensions of the time for filing), the failure to file of which would have a material adverse effect on Parent’s or such Subsidiary’s business or financial condition, and has paid, or made provision for the payment of, all taxes owed by it, and no tax deficiencies have been assessed or, to Parent’s knowledge, proposed against Parent or any Subsidiary.

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: HFRM will pay all taxes, import duties, license fees and other charges by any Governmental Authority levied on or with respect to the Products handled by HFRM for transportation, storage and/or loading by HEP Operating. Should either Party be required to pay or collect any taxes, duties, charges and or assessments pursuant to any Applicable Law or authority now in effect or hereafter to become effective which are payable by the any other Party pursuant to this Section 2.10 the proper Party shall promptly reimburse the other Party therefor.

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 case excerpt and choose the best holding from the options. Case excerpt: § 554(d) as overriding § 849.". 15 Also examining the legislative history of section 349, the Second Cireuit determined that Congress intended that dismissal would "undo the bankruptcy case." Crawford, 758F.3d at 485. Accordingly, upon dismissal," there is no longer a bankruptey estate, and there can no longer be any property. of the estate. See id. at 484 ("As there no longer remains any 'property of the estate' after a case has been dismissed, § 554 has no applicability after a dismissal."); see also 11 U.8.C0. § 554 (dealing entirely with property of the estate). 116 Other courts have come to the same conclusion as the Second Cireuit, and have also explicitly rejected the reasoning of Ku-nica and Kilpatrick. See Ass'n Res., Inc. v. Wall, 298 Conn, 145, 2 A.3d 873, 888-90 (Conn.2010) (<HOLDING>); B.N. Realty Assocs. v. Lichtenstein, 21 Options: A. holding that section 554 does not override section 349 because unlike in kunica the bankruptcy court had dismissed debtors petitions prior to their administration B. holding that bankruptcy jurisdiction is not within section 5 of the fourteenth amendment C. holding that because the debtors obligations were not discharged section 524 did not apply D. holding that general statement of intent does not override plain language of statute E. holding that because court had determined immunity had not been waived under section 101021 court did not need to analyze arguments relevant to section 101055

assistant: The best answer is A. holding that section 554 does not override section 349 because unlike in kunica the bankruptcy court had dismissed debtors petitions prior to their administration
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: you acknowledge that when you receive a user content license you receive only licensing and use rights ; therefore , you do not acquire ownership of any copies of the content , or transfer of any copyright or other intellectual property rights in the content .

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 case excerpt and choose the best holding from the options. Case excerpt: original jurisdiction under 5 V.I.Code § 1303 over territorial habeas petitions. The case had nothing to do with the District Court’s appellate jurisdiction under 4 V.I.Code § 33 over territorial habeas petitions. See 48 U.S.C. § 1613a(a) (“[T]he District Court of the Virgin Islands shall have such appellate jurisdiction over the courts of the Virgin Islands established by local law to the extent now or hereafter prescribed by local law_”); 4 V.I.Code § 33 (granting, pursuant to 48 U.S.C. § 1613a(a), appellate jurisdiction to the District Court “to review the judgments and orders of the [Superior Court] in all ... civil cases and criminal cases in which the defendant has been convicted, other than on a plea of guilty”); Gov’t of Virgin Islands v. Warner, 48 F.3d 688, 692 (3d Cir.1995) (<HOLDING>). Nor can Callwood’s holding be extended to Options: A. holding that a bankruptcy court does not have exclusive jurisdiction over third party claims against nondebtor parties as such claims are not cases under title 11 B. holding that the court of appeals has jurisdiction over murder cases under the constitution even if thornton directs such cases to be transferred to the supreme court C. holding that under the revised organic act 4 vicode 33s limitation on cases involving guilty pleas does not preclude appellate jurisdiction over such cases where colorable constitutional claims are raised D. holding that the limitation act does not apply to claims brought under the clean water act E. holding that the tucker act does not provide independent jurisdiction over claims for injunctive relief in contractual dispute cases

assistant: The best answer is C. holding that under the revised organic act 4 vicode 33s limitation on cases involving guilty pleas does not preclude appellate jurisdiction over such cases where colorable constitutional claims are raised