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: 22. An agency must show “beyond material doubt” that it conducted a search reasonably calculated to uncover all relevant documents in response to a FOIA request. Id. (quoting Weisberg v. U.S. Dep’t of Justice, 705 F.2d 1344, 1351 (D.C.Cir.1983)). The adequacy of an agency’s search for responsive records is measured by “the reasonableness of the, effort in light of the specific request.” McKinley v. F.D.I.C., 807 F.Supp.2d 1, 4 (D.D.C. 2011) (quoting Larson v. Dep’t of State, 565 F.3d 857, 869 (D.C.Cir.2009)). An agency is not obligated to search every record system. See Meeropol v. Meese, 790 F.2d 942, 952-53 (D.C.Cir.1986) (noting a search is not presumed unreasonable simply because it fails to produce all relevant material); see also Perry v. Block, 684 F.2d 121, 128 (D.C.Cir.1982) (<HOLDING>). Here, EPIC’s only argument challenging the Options: A. holding that where the relevance and resulting prejudice from destruction of documents cannot be clearly ascertained because the documents no longer exist the culpable party can hardly assert any presumption of irrelevance as to the destroyed documents B. holding that where original documents were illegally seized those documents as well as all copies had to be returned C. holding that the documents contents supported a finding of authenticity since these documents were addressed to the defendants coconspirator and several were responsive to the coconspirators faxes D. holding that pursuant to the best evidence rule trial testimony relying on documents was inadmissible without submission of such documents or an explanation as to why the documents were unavailable E. holding an agency need not demonstrate that all responsive documents were found and that no other relevant documents could possibly exist

assistant: The best answer is E. holding an agency need not demonstrate that all responsive documents were found and that no other relevant documents could possibly exist
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 Agreement comprises the final and complete integration of all prior expressions by Servicer on the one hand and the Lender on the other hand with respect to the subject matter hereof as of the date hereof and shall constitute the entire agreement between Servicer on the one hand and the Lender on the other hand with respect to such subject matter, superseding all prior oral or written understandings.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: “have been proximately caused by the operation or use of a motor-driven vehicle or motor-driven equipment or by a condition or use of tangible real or personal property.” Holland v. City of Houston, 41 F.Supp.2d 678, 710-11 (S.D.Tex.1999). Tangible property is property that is capable of being handled, touched, or seen. Id. The plaintiffs allege that the City negligently trained and supervised Thompson, including by implementing the policies and procedures that led to the shooting. These claims do not involve motor-driven vehicles or tangible property. The City’s immunity is not waived for these claims. Id. at 712. To the extent the plaintiffs claim that the City is liable for Thompson’s negligent use of a firearm, that is an intentional tort claim, not a negligence claim. See id. (<HOLDING>). The TTCA does not waive the City’s sovereign Options: A. holding that when the essence of the claim is either negligent or intentional misrepresentation the claim could lie in tort B. holding that a negligence claim is not a personal injury tort claim C. holding that a ttca claim based on an officers allegedly negligent use of his service weapon was a claim for intentional tort not negligence D. holding economic loss doctrine bars negligence claim based on service contract E. holding comparative negligence not defense to intentional tort

assistant: The best answer is C. holding that a ttca claim based on an officers allegedly negligent use of his service weapon was a claim for intentional tort not negligence
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: No failure by any party to insist upon the strict performance of any covenant, duty, agreement, or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute a waiver of any such breach or any other covenant, duty, agreement, or condition.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The NCLC Group have complied with all taxation laws in all jurisdictions in which it is subject to Taxation and has paid all material Taxes due and payable by it; no material claims are being asserted against it with respect to Taxes, which might, if such claims were successful, have a material adverse effect on the ability of any Credit Party to perform its obligations under the Credit Documents or could otherwise be reasonably expected to have a Material Adverse Effect. As at the Effective Date all amounts payable by the Parent and the Borrower hereunder may be made free and clear of and without deduction for or on account of any Taxation in the Parent and the Borrower’s jurisdiction.

assistant: Payments
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: do not violate the Ex Post Facto Clause. 5 . In his habeas petition, Bailey advanced several legal theories. One of them relied on the same Ex Post Facto Clause argument he advances here. The government asserts the present action is therefore barred on res judi-cata and collateral estoppel grounds. However, we need not decide this issue to resolve the case before us because neither collateral estoppel nor res judicata deprives the court of subject-matter jurisdiction. See Smalls v. United States, 471 F.3d 186, 189 (D.C.Cir.2006) ("[T]he defense of res judicata, or claim preclusion, while having a somewhat jurisdictional character, does not affect the subject matter jurisdiction of the district court.''): cf. Nat'l Treasury Emps. Union v. IRS, 765 F.2d 1174, 1176 n. 1 (D.C.Cir.1985) (<HOLDING>). ROGERS, Circuit Judge, concurring in part and Options: A. holding that laches is an affirmative defense B. holding that fair use is an affirmative defense C. holding that the time bar imposed by bankruptcy rule 4007c is an affirmative defense subject to waiver estoppel and equitable tolling D. recognizing that collateral estoppel or issue preclusion is an affirmative defense under fedrcivp 8c that is subject to waiver and forfeiture and therefore holding implicitly that this defense is not an attack on the courts subjectmatter jurisdiction E. holding that the assertion that a plaintiff prisoner failed to exhaust all available administrative remedies as required under the plra is an affirmative defense under fedrcivp 8c it is the burden of the defendant asserting this affirmative de fense to plead and prove it

assistant: The best answer is D. recognizing that collateral estoppel or issue preclusion is an affirmative defense under fedrcivp 8c that is subject to waiver and forfeiture and therefore holding implicitly that this defense is not an attack on the courts subjectmatter jurisdiction
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: In consideration of the agreements of Lender contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, each Credit Party, voluntarily, knowingly, unconditionally and irrevocably, with specific and express intent, for and on behalf of itself and all of its respective parents, subsidiaries, affiliates, members, managers, predecessors, successors, and assigns, and each of their respective current and former directors, officers, shareholders, agents, and employees, and each of their respective predecessors, successors, heirs, and assigns (individually and collectively, the “ Releasing Parties ”) does hereby fully and completely release, acquit and forever discharge Lender, and each its respective parents, subsidiaries, affiliates, members, managers, shareholders, directors, officers and employees, and each of their respective predecessors, successors, heirs, and assigns (individually and collectively, the “ Released Parties ”), of and from any and all actions, causes of action, suits, debts, disputes, damages, claims, obligations, liabilities, costs, expenses and demands of any kind whatsoever, at law or in equity, whether matured or unmatured, liquidated or unliquidated, vested or contingent, choate or inchoate, known or unknown that the Releasing Parties (or any of them) has against the Released Parties or any of them (whether directly or indirectly), based in whole or in part on facts, whether or not now known, existing on or before the Effective Date, that relate to, arise out of or otherwise are in connection with: (i) any or all of the Financing Documents, or (ii) any aspect of the dealings or relationships between or among any or all of the Credit Parties, on the one hand, and any or all of the Released Parties, on the other hand, relating to any or all of the documents, transactions, actions or omissions referenced in clause (i) hereof. Each Credit Party acknowledges that the foregoing release is a material inducement to Lender’s decision to enter into this Agreement and agree to the modifications contemplated hereunder, and has been relied upon by Lender in connection therewith.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: No Individual Borrower nor Equity Owner will cause or permit any change to be made in its name, identity (including its trade name or names), or its corporate or partnership or other structure unless it shall have first notified Lender in writing of such change at least thirty (30) days prior to the effective date of such change, and shall have first taken all reasonable action required by Lender for the purpose of perfecting or protecting the lien and security interests of Lender pursuant to this Agreement, and the other Loan Documents and, in the case of a change in its structure, without first obtaining the prior written consent of Lender, which consent may be given or denied in Lender’s sole discretion. Upon Lender’s request, each Borrower and Equity Owner (as applicable) shall, at its sole cost and expense, execute and deliver additional security agreements and other instruments which may be necessary to effectively evidence or perfect Lender’s security interest in the Collateral as a result of such change. Each Borrower’s and Equity Owner’s principal place of business and chief executive office, and the place where Borrower and Equity Owner keeps its books and records, including recorded data of any kind or nature, regardless of the medium or recording, including software, writings, plans, specifications and schematics, has been for the preceding four months (or, if less, the entire period of the existence of Borrower and Equity Owner) and will continue to be the address of Borrower or Equity Owner set forth at the introductory paragraph of this Agreement (unless Borrower or Equity Owner (as applicable) notifies Lender in writing at least thirty (30) days prior to the date of such change). Each Borrower and Equity Owner shall promptly notify Lender of any change in its organizational identification number. If each Borrower or Equity Owner does not now have an organizational identification number and later obtains one, it shall promptly notify Lender of such organizational identification number.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: seizure, should be effectuated and no evidence resulting from such a search and seizure should be considered unless there has been a sufficient showing of a particularized and focused suspicion, amounting to probable cause, that the place or individual to be searched was involved in criminal activity. Kyllo v. United States, 533 U.S. 27, 31, 121 S.Ct. 2038, 2041, 150 L.Ed.2d 94, 100 (2001); See Generally, Wayne LaFave, Search And Seizure: A Treatise On The Fourth Amendment, 2 Search & Seizure § 3.1(a). From its inception, “the Fourth Amendme 4, 122 S.Ct. at 2559, 153 L.Ed.2d at 744 (urine testing of students engaged in extracurricular activities to prevent health and safety risks of drug use); Vernonia School Dist. 47J, 515 U.S. at 661-64, 115 S.Ct. at 2394-2396, 132 L.Ed.2d at 579-82 (<HOLDING>). These changes do not indicate, however, that Options: A. holding the error harmless in light of the overwhelming evidence of guilt B. holding that school district policy requiring that students obtain the review and approval of school officials prior to distributing any written material violated free speech rights of students C. holding that school districts requirement that all students who wished to participate in interscholastic sports submit to random urinalysis testing was reasonable in light of the overwhelming interest in ensuring that youth are drug free D. recognizing application of sovereign immunity to school districts E. holding that the admission of a family photo was harmless error in light of the overwhelming evidence in support of the conviction

assistant: The best answer is C. holding that school districts requirement that all students who wished to participate in interscholastic sports submit to random urinalysis testing was reasonable in light of the overwhelming interest in ensuring that youth are drug free
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: Word of Faith Christian Center Church. Plaintiff seeks to avoid summary judgment on this claim, arguing that because defendant failed to plead the exemption as an affirmative defense, it has waived the defense. See Fed. R. Civ. Proc. 8(c) (“In responding to a pleading, a party must affirmatively state any avoidance or affirmative defense.... ”). Defendant responds that it was not required to affirmatively plead that it is a religious institution “because religious institution status is not a defense, but a statutorily granted exemption.” Contrary to defendant’s position, the courts have consistently held that statutory exemptions, particularly from remedial statutes, must be pled as affirmative defenses. See Oden v. Oktibbeha County, Miss., 246 F.3d 458, 467 (5th Cir.2001) (<HOLDING>); Suiter v. Mitchell Motor Coach Sales, Inc., Options: A. holding that defendants waived defense of personal staff exception to title vii by failing to plead same B. holding that a title vii plaintiff need not plead the elements of a mcdonnell douglas prima facie case to survive a motion to dismiss C. holding that the defense of lack of venue must be made at the earliest opportunity to plead or it is waived D. holding that the plaintiff waived an objection to the defendants failure to plead qualified immunity as an affirmative defense E. holding that the defendants waived their affirmative defense of unenforceability by failing to raise the defense in response to the plaintiffs motion for summary judgment which the trial court granted

assistant: The best answer is A. holding that defendants waived defense of personal staff exception to title vii by failing to plead same
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: There are no actions, suits, proceedings or investigations pending or, to the knowledge of the Company, threatened against the Company, or affecting the Company or its properties, at law or in equity, before any court or other governmental agency or instrumentality, domestic or foreign, or before any arbitrator of any kind except as disclosed in the Company Schedule 5.07 . The Company is not in default with respect to any judgment, order, writ, injunction, decree, award, rule or regulation of any court, arbitrator, or governmental agency or instrumentality.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement contains the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior agreements, understandings, discussions, negotiations and undertakings, whether written or oral, between the parties with respect thereto, including without limitation the Severance Agreement. No waiver, modification or change of any provision of this Agreement shall be valid unless in writing and signed by both parties.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: No Loan Party will, nor will it permit any Subsidiary to, enter into any arrangement, directly or indirectly, whereby it shall sell or transfer any property, real or personal, used or useful in its business, whether now owned or hereafter acquired, and thereafter rent or lease such property or other property that it intends to use for substantially the same purpose or purposes as the property sold or transferred (a “Sale and Leaseback Transaction”).

assistant: Sales
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: from Ridgely’s harassment.” Pl.’s Opp’n at 22. She notes her doctor’s statement from the May 2007 letter that “it may be possible for [the plaintiff] to return to a position within DHHS in a part time capacity in 6-8 months,” but “she may not be able to to [sic] return to the office in which she is currently employed.” Def.’s Mot., Ex. 40. Given the doctor’s prognosis, the plaintiff potentially could have returned to work 13-14 months after she first went on leave, but the doctor offered no guarantee that she would return in that time. Furthermore, the letters .C. May 24, 2006) (stating that “[a]n employer is not required to provide an indefinite leave of absence”). Therefore, the plaintiffs request for an accommodation that would allow her to “complete her treatment 74 (2d Cir.1997) (<HOLDING>). Because the plaintiff argued to the OPM that Options: A. holding parent entitled to credit for any social security disability benefits paid to child as a result of parents disability B. holding that similarity between florida workers compensation disability law and social security disability law require that the alj give great weight to the florida determination C. holding that an evidentiary hearing is not required prior to the termination of social security disability benefits D. holding a social security number is not private E. holding that a social security disability determination is a legal proceeding

assistant: The best answer is E. holding that a social security disability determination is a legal proceeding
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: If any provision of this Agreement or any other document delivered under this Agreement is prohibited or unenforceable in any jurisdiction, it shall be ineffective in such jurisdiction only to the extent of such prohibition or unenforceability, and such prohibition or unenforceability shall not invalidate the balance of such provision to the extent it is not prohibited or enforceable nor the remaining provisions hereof, nor render unenforceable such provision in any other jurisdiction, unless the effect of rendering such provision ineffective would be to substantially deviate from the expectations and intent of the respective parties in entering into this Agreement. In the event any provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the parties hereto shall use reasonable best efforts to substitute a valid, legal and enforceable provision which, insofar as practical, implements the purposes hereof.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Executive agrees that Executive will not, directly or indirectly, use, copy, disclose, distribute or otherwise make use of on his own behalf or on behalf of any other person or entity (i) any Confidential Information for a period of five (5) years after the Termination Date or (ii) any Trade Secret at any time such information constitutes a trade secret under applicable law.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: the site will take reasonably security precautions when using the internet , telephone or other means to transport date or other communications , but expressly disclaims any and all liability for the accessing of any such data communications by unauthorized persons or entities .

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 supersedes and replaces any prior oral or written agreements or understandings in respect of the matters addressed hereby; provided, however, that for the avoidance of doubt, any non-competition, non-solicitation, confidentiality or other restrictive covenants in any other current or future agreement shall remain in full force and effect.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: No Grantor has consented to the filing of any financing statement or other public notice with respect to all or any part of the Collateral except such as have been filed in favor of the Administrative Agent, for the ratable benefit of the Secured Parties, or to evidence Permitted Encumbrances.

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

user: Read the following U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 376 U.S. 650 84 S.Ct. 982 11 L.Ed.2d 979 Mary HAMILTONv.ALABAMA. No. 793. Supreme Court of the United States March 30, 1964 Jack Greenberg, James M. Nabrit III and Oscar W. Adams, Jr., for petitioner. Richmond M. Flowers, Atty. Gen. of Alabama, and Bernard F. Sykes and Owen Bridges, Asst. Attys. Gen., for respondent. 1 PER CRIAM. 2 On Petition for Writ of Certiorari to the Supreme Court of Alabama. 3 The petition for writ of certiorari is granted. The judgment is reversed. Johnson v. Virginia, 373 U.S. 61, 83 S.Ct. 1053, 10 L.Ed.2d 195. 4 Mr. Justice BLACK concurs in rever al of the judgment of contempt for reasons discussed in In re Murchison, 349 U.S. 133, 75 S.Ct. 623, 99 L.Ed. 942; In re Oliver, 333 U.S. 257, 68 S.Ct. 499, 92 L.Ed. 682, and Thompson v. City of Louisville, 362 U.S. 199, 80 S.Ct. 624, 4 L.Ed.2d 654. Cf. Offutt v. United States, 348 U.S. 11, 75 S.Ct. 11, 99 L.Ed. 11. 5 Mr. Justice CLARK, Mr. Justice HARLAN and Mr. Justice WHITE are of the opinion that certiorari should be denied.

assistant: 2
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: fee award, Defendants do not dispute the district court’s calculation of the lodestar— the number of hours reasonably expended on the litigation multiplied by a reasonable hourly rate. See Hensley v. Eckerhart, 461 U.S. 424, 433-34, 103 S.Ct. 1933, 1939, 76 L.Ed.2d 40 (1983); Norman v. Hous. Auth. of City of Montgomery, 836 F.2d 1292, 1299-1302 (11th Cir.1988). Rather, Defendants contend that the district court was required to reduce the lodestar in proportion to the “partial and extremely limited” success achieved by Quainoo at trial. We disagree. Because Quainoo’s successful and unsuccessful claims were related, as they arose from a common core of facts, the district court was not required to reduce the lodestar. See Popham v. City of Kennesaw, 820 F.2d 1570, 1578-79 (11th Cir.1987) (<HOLDING>). And, although the district court had the Options: A. holding despite not finding undue hardship that it would be equitable to reduce the amount of nondischargeable liability by the amount of the accrued interest B. holding that claims are related if they involve a common core of facts or they are based on related legal theories C. holding that a liquidated damages amount set by contract is enforceable where the amount bears a reasonable relation to the damages actually sustained D. holding that where claims involve a common core of facts or are based on related legal theories and the plaintiff obtained only partial or limited success the court may reduce the lodestar amount if it believes that amount is excessive in relation to the plaintiffs relief emphasis added E. holding that the presumptive amount is rebuttable and that the court may deviate from the presumptive amount if such amount is determined to be unjust or inappropriate in consideration of any relevant evidence pertaining to the factors set forth in code 201072 and 201081

assistant: The best answer is D. holding that where claims involve a common core of facts or are based on related legal theories and the plaintiff obtained only partial or limited success the court may reduce the lodestar amount if it believes that amount is excessive in relation to the plaintiffs relief emphasis added
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: 9gag , inc makes no representations concerning any content contained in or accessed through the site , and 9gag , inc will not be responsible or liable for the accuracy , copyright compliance , legality or decency of material contained in or accessed through the site .

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: underlying proceeding, he “will not be permitted to prove that newly discovered evidence has shown his conviction to be unjust or even that the conviction was obtained by fraud or perjury." Restatement (Second) of Torts § 658 comment c (1977). 12 . This authority is codified at Va.Code § 53.1-229. 13 . For cases in which the Supreme Court of Virginia decided questions regarding pardons without reference to the reason for the pardon, see Prichard v. Battle, 178 Va. 455, 17 S.E.2d 393, 397 (1941) (finding pardon of motor vehicle offense does not restore driver's license revoked upon conviction); Puryear v. Commonwealth, 83 Va. 51, 58, 1 S.E. 512 (1887) (upholding jury’s verdict in case where juror with felony convic tion had been pardoned); Edwards v. Commonwealth, 78 Va. 39, 44 (1883) (<HOLDING>); Ball v. Commonwealth, 35 Va. (8 Leigh) 726, Options: A. holding that the plaintiffs action was ripe where the plaintiff who had received a pardon for three felony drug convictions in georgia and had his firearm rights expressly restored by the pardon asked the court to determine whether a tennessee criminal statute prohibiting anyone convicted of a felony drug offense from possessing a firearm applied to him in light of a tennessee attorney generals opinion stating that the criminal statute applied to pardoned felony drug offenders B. holding that an indictment charging one offense during the commission of another crime need not allege the elements of the latter offense C. holding that pardon relieves the recipient upon subsequent conviction of another crime of the additional punishment provided by statute for a second offense D. holding that the determination whether a crime is a necessarily included lesser offense of another crime is made by examining the elements of the crimes that must be proved in order to sustain a conviction E. holding the death penalty excessive punishment for the crime of rape

assistant: The best answer is C. holding that pardon relieves the recipient upon subsequent conviction of another crime of the additional punishment provided by statute for a second offense
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: Urban County Division of Police shall be dismissed as a party. In the remaining Defendants’ motions to dismiss, they argue that Plaintiffs § 1983 claim must be dismissed because it was filed outside of the statute of limitations. “The statute of limitations applicable to a § 1983 action is the state statute of limitations applicable to personal injury actions under the law of the state in which the § 1983 claim arises.” Eidson v. State of Tenn. Dept. of Children’s Servs., 510 F.3d 631, 634 (2007) (citing Kuhnle Bros., Inc. v. Cnty. of Geauga, 103 F.3d 516, 519 (6th Cir.1997)). In Kentucky, the statute requires all personal injury actions to be brought within one year after the cause of action accrues. KRS § 413.140(l)(a); see also Bonner v. Perry, 564 F.3d 424, 430-31 (6th Cir.2009) (<HOLDING>). Although the applicable statute of Options: A. holding that new york statute of limitations for 1983 actions was three years B. holding that one year limitations period in insurance policy was reasonable and therefore enforceable to shorten the fifteen year statute of limitations for breach of contract C. holding that a twoyear statute of limitations period applies to all 1983 actions brought in pennsylvania D. holding that 1522 is the most analogous limitations period for 1983 actions E. holding that kentuckys one year statute of limitations period applies to 1983 actions

assistant: The best answer is E. holding that kentuckys one year statute of limitations period applies to 1983 actions
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 nurse practitioner and a doctor and that both had determined that his vitiligo did not require medical treatment. -Plaintiff was not happy with this response, and he commenced the present lawsuit on August 25, 2010. II. DISCUSSION Defendants move for summary judgment on the ground that plaintiff did not properly exhaust his administrative remedies, as required by 42 U.S.C. § 1997e(a). Defendants concede that plaintiff filed an inmate complaint about the subject matter of this lawsuit and that he appealed the rejection of the complaint to the right reviewing authority; however, they contend that plaintiff did not “properly” exhaust his administrative remedies because his initial complaint was untimely. See Woodford v. Ngo, 548 U.S. 81, 83-84, 126 S.Ct. 2378, 165 L.Ed.2d 368 (2006) (<HOLDING>). As noted, under ICRS rules, an inmate Options: A. holding that proper exhaustion of administrative remedies is necessary under section 1997ea B. holding that proper exhaustion under 42 usc 1997ea is mandatory and requires adherence to administrative procedural rules C. holding that proper exhaustion under 1997ea is mandatory and requires adherence to administrative procedural rules D. holding that 1997ea requires proper exhaustion E. holding that exhaustion under 1997ea must occur prior to commencement of the action

assistant: The best answer is D. holding that 1997ea requires proper exhaustion
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 relating to the subject matter hereof. No modification, alteration or amendment of this Agreement and no waiver of any provision hereof may be made unless such modification, alteration, amendment, or waiver is set forth in writing signed by the parties hereto.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Bank Technology News, March 1, 1997. 26 . Id. 27 . Id. 28 . Id. 29 . Id. 30 . Lawrence M. Ausubel, Credit Card Defaults, Credit Card Profits, and Bankruptcy, 7 65, 98th Cong., 1st Sess. 58 (1985); Citibank South Dakota, N.A. v. Eashai (In re Eashai), 87 F.3d 1082, 1092 (9th Cir.1996); Aetna Finance Co. v. Neal (In re Neal), 113 B.R. 607, 608 (9th Cir. BAP 1990); Sears Roebuck and Co. v. Hernandez (In re Hernandez), 208 B.R. 872, 880 (Bankr.W.D.Tex.1997). 83 . S.Rep. No. 65, 98th Cong., 1st Sess. 58 (1985). 84 . id. 85 . GM Card v. Cox (In re Cox), 182 B.R. 626, 635 (Bankr.D.Mass.1995). See also AT&T Universal Bank v. Hensley (In re Hensley), 201 B.R. 494, 498 (Bankr.S.D.Ohio 1996). But see AT&T Universal Card Serv. Corp. v. Pakdaman (In re Pakdaman), 210 B.R. 886, 886-87 (D.Mass.1997) (<HOLDING>). 86 . S.Rep. No. 65, 98th Cong., 1st Sess. 58 Options: A. holding that at a minimum a credit check must be preformed before a credit card is issued in order to have any resulting debt declared nondischargeable B. recognizing need to balance interests of debt or and creditor in determining nature of protection to be afforded creditor C. holding that the cox bankruptcy court struck a balance too harshly against a creditor when it found that credit card debt could not be found nondischargeable under section 523a2a D. holding intent to preclude can be found by language contained with the stipulated judgment indicating the debt is nondischargeable in bankruptcy E. holding the assumption of a credit card debt to be nondischargeable based on a waiver of alimony and a significant disparity of income

assistant: The best answer is C. holding that the cox bankruptcy court struck a balance too harshly against a creditor when it found that credit card debt could not be found nondischargeable under section 523a2a
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: was accomplished by force, threats, or use of fear. In other words, the wrongful use of otherwise valid official power may convert dutiful actions into extortion. So, if a public official threatens to take or withhold official action for the wrongful purpose of inducing a victim to part with property, such a threat would constitute extortion, even though the official was already duty bound to take or withhold the action in question. 7 . Certainly these otherwise admissible expressions of a witness’s state of mind on hearing Dozier’s demands did not become inadmissible merely because they embraced an ultimate issue in the trial. See Fed.R.Evid. 704. 8 . See, e.g., United States v. Brown, 555 F.2d 407, 416 (5th Cir. 1977), cert. denied, 435 U.S. 904, 98 S.Ct. 1448, 55 L.Ed.2d 494 (1978) (<HOLDING>). See also United States v. Welch, 656 F.2d Options: A. holding that the complaint stated a claim under the flsa where it alleged that parties were an employer and employees within meaning of act and that the defendantemployers operation constitutes an enterprise engaged in commerce within the meaning of the act B. holding that the court had hobbs act jurisdiction to review transportation department rules addressing certain safety requirements because the agencys power to issue those requirements derived in part from its transferred authority and because actions taken pursuant to that transferred authority were subject to hobbs act review C. holding municipal police department to be an enterprise within meaning of hobbs act D. holding the meaning of commerce element in a different federal statute the hobbs act to be a question of law E. holding that a police department is not a person within the meaning of section 1983

assistant: The best answer is C. holding municipal police department to be an enterprise within meaning of hobbs act
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: Mot. at 3. Finish Line does not assert that it would have negotiated the terms of its Arbitration Agreement with Capili — a retail sales associate — or that Finish Line’s unequal bargaining power was mitigated by Capili’s sophistication. See Haisha Corp. v. Sprint Solutions, Inc., No. 14-cv-2773-GPC MDD, 2015 WL 224407, at *5 (S.D.Cal. Jan. 15, 2015) (finding that the fact that’the parties to the arbitration agreement were “two sophisticated corporate entities” mitigated against a finding of procedural unconscionability). Although the Court notes that the fact that Finish Line’s automated process specifically called out the Arbitration Agreement reduces the level of unfairness, see Molina v. Scandinavian Designs, Inc., No. 13-cv-4256 NC, 2014 WL 1615177, at *7 (N.D.Cal. Apr. 21, 2014) (<HOLDING>), the Court finds that the circumstances of,the Options: A. holding that the plaintiff had failed to establish procedural unconscionability since he had a reasonable opportunity to consider the agreement and the arbitration clause was clearly set forth in the contract B. holding the amount of procedural unconscionability was limited by the fact that the arbitration agreement was presented as a separate two page document C. holding that courts should address a procedural unconscionability defense to the enforcement of an arbitration provision D. holding that an arbitration agreement that was invalid due to unconscionability was not enforceable E. holding that although signing arbitration agreement was condition of employment agreement was not void for unconscionability

assistant: The best answer is B. holding the amount of procedural unconscionability was limited by the fact that the arbitration agreement was presented as a separate two page document
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: is a substantial probability that he will attain that capacity in the foreseeable future,” Jackson, 406 U.S. at 738, 92 S.Ct. 1845. Accordingly, it is ORDERED as follows: (1) A guardian ad litem will be appointed for defendant Kevin L. King. (2) The Bureau of Prisons’ request to commit defendant King for an additional period of time (doc. no. 62) will be set for an additional hearing where the court will hear from defendant King’s guardian ad litem as to whether defendant King waives the statutory four-month limit under 18 U.S.C. § 4241(d). * The court draws no conclusion, however, as to the waivability of the constitutional reasonableness limit under the due process clause that § 4241(d) aims to protect. See Jackson v. Indiana, 406 U.S. 715, 738, 92 S.Ct. 1845, 32 L.Ed.2d 435 (1972) (<HOLDING>); Do-nofrio, 896 F.2d at 1303 ("The due process Options: A. holding that the time to disposition is more important than time to trial B. holding that a criminal defendant committed solely on account of his incapacity to proceed to trial cannot be held more than the reasonable amount of time necessary to determine whether there is a substantial probability that he will attain that capacity in the foreseeable future C. holding that an alien may be held in confinement until it has been determined that there is no significant likelihood of removal in the reasonably foreseeable future D. holding that the ins lacks authority under 1231a6 to detain a resident alien for more than a reasonable time beyond the removal period if there is no reasonable likelihood that the alien will be removed in the reasonably foreseeable future E. holding that the purpose of a preliminary examination is to determine whether there is probable cause to believe that a crime was committed and whether there is probable cause to believe that the defendant committed it

assistant: The best answer is B. holding that a criminal defendant committed solely on account of his incapacity to proceed to trial cannot be held more than the reasonable amount of time necessary to determine whether there is a substantial probability that he will attain that capacity in the foreseeable future
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: to the poisonous tree”) (quoting Olivares-Rangel, 458 F.3d at 1117). To be able to object to the police conducting an illicit protective sweep of the Gonzalez residence, Defendant would have to have some basis to claim that the sweep violated his rights. He does not. We conclude, therefore, that his subsequent detention was lawful. 2. Defendant’s detention occurred after the police had conducted the sweep of Gonzalez’s residence, and only an individual with a legitimate expectation of privacy in the residence could object to the sweep. After entering the garage, officers acted reasonably in detaining Defendant when they caught him red handed with large quantities of marijuana, cuttings tools, and scales in plain sight. See United States v. Turner, 553 F.3d 1337, 1344 (10th Cir.2009) (<HOLDING>). We reject any contention that the officers Options: A. holding that the standard of probable cause applies to all arrests without the need to balance the interests and circumstances involved in particular situations thus an officer may without violating the fourth amendment arrest an offender if probable cause exists to believe that an individual has committed even a very minor criminal offense in his presence B. holding that the purpose of a preliminary examination is to determine whether there is probable cause to believe that a crime was committed and whether there is probable cause to believe that the defendant committed it C. holding that warrantless arrest based on probable cause did not violate the fourth amendment D. holding a warrantless arrest by a law officer is reasonable under the fourth amendment where there is probable cause to believe that a criminal offense has been or is being committed E. holding that a warrantless arrest does not violate the fourth amendment if at the time of the defendants arrest police had probable cause to believe that an offense has been is being or will be committed

assistant: The best answer is D. holding a warrantless arrest by a law officer is reasonable under the fourth amendment where there is probable cause to believe that a criminal offense has been or is being committed
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 one side wins. This is not a ground for disqualification. 63 . R & R at 568. 64 . See id. at 591-98. 65 . Id. at 598. 66 . See id. at 599-600. 67 . See id. at 600. See also Louis Vuitton, 340 F.Supp.2d at 442-45, 449-51. 68 . R & R at 602. See also Louis Vuitton, 340 F.Supp.2d at 444. 69 . R& Rat 603. 70 .See id. at 603-04. 71 . See id. at 604 (“Indeed, the question [of whether defendant required permission or a license from plaintiff] asked the respondents the very question that this litigation seeks to answer.”). 72 . Id. 73 . See id. at 609-11. 74 . Id. at 612. 75 . Louis Vuitton, 340 F.Supp.2d at 451 n. 196. See also R & R at 612-13. 76 . R& Rat 639. 77 . Id. at 641. 78 . See id. at 643-44. See also Price v. Fox Entm’t Group, Inc., et al., 499 F.Supp.2d 382, 389 (S.D.N.Y.2007) (<HOLDING>). 79 . R& Rat 643. 80 . See id. at 680 n. 355. Options: A. holding expert testimony was not required where jury is capable of determining existence of duty B. holding that the district courts decision to discount expert testimony was appropriate where the expert deemphasized dissimilarities between the works and compared scenes a faire C. recognizing auditory similarities between two marks at summary judgment where the plaintiff had linguistic expert evidence that the marks were pronounced similarly D. recognizing similarities between illinois and federal law on relation back E. holding expert testimony on probative similarities between works is unnecessary where the works are not highly technical and the jury is capable of recognizing and understanding the similarities between the works without the help of an expert

assistant: The best answer is E. holding expert testimony on probative similarities between works is unnecessary where the works are not highly technical and the jury is capable of recognizing and understanding the similarities between the works without the help of an expert
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: Neither execution nor delivery of this Agreement nor fulfillment of or compliance with the terms and provisions hereof will conflict with, or result in a breach of the terms or conditions of, or constitute a default under, any agreement or instrument to which any Borrower is a party or by which any Borrower may be bound. No consents, approvals or authorizations are required for the execution and delivery of this Agreement by any Borrower or for any Borrower’ s compliance with its terms and provisions.

assistant: No Conflicts