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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Amendment may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same agreement. Receipt by facsimile or electronic transmission (PDF) of any executed signature page shall constitute the effective delivery of such signature page.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Johnston argues, as he did in the postconviction court, that he is exempt from execution under the Eighth Amendment to the United States Constitution because his severe mental illness places him in the same category as those whose executions are barred because they were under the age of eighteen at the time of the murder or are mentally retarded. The court below denied relief, finding Johnston’s claim was procedurally barred for not having been raised on direct appeal or in prior posteonviction proceedings and because, under this Court’s precedents, mental illness is not a per se bar to execution. We agree with both these conclusions. Relying on the reasoning behind the United States Supreme Court’s rulings in Roper v. Simmons, 543 U.S. 551, 125 S.Ct. 1183, 161 L.Ed.2d 1 (2005) (<HOLDING>) and Atkins v. Virginia, 536 U.S. 304, 122 Options: A. holding the death penalty unconstitutional for defendants under age eighteen at the time of the crime B. holding the death penalty unconstitutional for mentally retarded defendants C. holding that mandatory life imprisonment without parole for those under the age of eighteen at the time of their crimes violates eighth amendment D. holding the eighth and fourteenth amendments forbid imposition of the death penalty on offenders who were under the age of eighteen when their crimes were committed E. holding that the death penalty is unconstitutional as applied to juvenile defendants

assistant: The best answer is A. holding the death penalty unconstitutional for defendants under age eighteen at the time of the crime
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 2 hereof, from and after the Effective Date, Executive shall, pursuant to the terms of this Agreement, continue to be employed by the Company and serve as the [Executive Officer], and shall report directly to the . The principal location of Executive’s employment with the Company shall be at the Company’s headquarters in Stamford, Connecticut, although Executive understands and agrees that Executive may be required to travel from time to time for business reasons. During the Term (as defined in Section 2 hereof), Executive shall continue to be a full-time employee of the Company, shall dedicate substantially all of Executive’s working time to the Company, and shall have no other employment or other business ventures which are undisclosed to the Company or which conflict with Executive’s duties under this Agreement. Executive shall (a) have all authorities, duties and responsibilities customarily exercised by an individual serving as chief executive officer of a company the size and nature of Aircastle; (b) be assigned no duties or responsibilities that are materially inconsistent with, or that materially impair his ability to discharge, the foregoing duties and responsibilities; and (c) have such additional duties and responsibilities, consistent with the foregoing, as the Board may from time to time assign to him. Notwithstanding the foregoing, nothing herein shall prohibit Executive from (i) participating in trade associations or industry organizations which are related to the business of the Company or engaging in charitable, civic or political activities, (ii) engaging in personal investment activities for Executive and Executive’s family, or (iii) with the prior approval of the , accepting directorships unrelated to the Company, in the case of the foregoing clauses (i), (ii) and (iii), so long as such interests do not give rise to any conflicts of interest with the Company or its “Affiliates” (as defined in Section 5(f) hereof) or materially interfere, individually or in the aggregate, with the performance of Executive’s duties hereunder. The Company acknowledges and approves the current activities of Executive as set forth on Schedule 1 hereto.

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 legal provision and list the applicable contract clause categories. Provision: Schedule 4.14 sets forth the name of, the ownership interest of the applicable Loan Party in, the jurisdiction of incorporation or organization of, and the organizational type of each Subsidiary of the Borrower and the other Loan Parties and identifies each Subsidiary that is a Subsidiary Loan Party, in each case as of the Closing Date. As of the Closing Date, the Borrower has no Subsidiaries other than those specifically disclosed on Schedule 4.14 and no Loan Party owns any Capital Stock in any Person other than those specifically disclosed on Schedule 4.14 . All of the outstanding Capital Stock in each of the Borrower’s Subsidiaries that is a corporation has been validly issued, is fully paid and non-assessable, and all such Capital Stock owned by any Loan Party is owned by the record owners in the amounts specified on Schedule 4.14 as of the Closing Date, free and clear of all Liens except those created under the Collateral Documents, the Existing Lien Collateral Documents and nonconsensual Liens that arise by operation of law. None of the Loan Parties or any of their Subsidiaries has, as of the Closing Date, any issued and outstanding Disqualified Capital Stock except as otherwise specifically disclosed on Schedule 4.14 .

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: Assignor is the sole and exclusive owner and assignee of all right, title and interest in the Assigned Patents, including all rights to sue for past, present and future infringement thereof, free and clear of all Encumbrances, other than Existing Encumbrances. After giving effect to the assignment as set forth in Section 2 , Assignee shall be the sole and exclusive owner and assignee of, and shall have good and marketable title to, all right, title and interest in the Assigned Patents, including all rights to sue for past, present and future infringement thereof, free and clear of all Encumbrances, other than Existing Encumbrances. All Assigned Patents have been duly filed or registered (as applicable) with the applicable Governmental Authorities, prosecuted and maintained, including the submission of all necessary filings and fees in accordance with all requirements of applicable laws, regulations and administrative requirements of the appropriate jurisdictions.

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 case excerpt and choose the best holding from the options. Case excerpt: action could be barred by res judicata and collateral estoppel). Section 1144 provides a means, within a prescribed time limit, to revoke a confirmation order under limited circumstances. F & M Marquette Nat’l Bank v. Emmer Bros. Co. (In re Emmer Bros. Co.), 52 B.R. 385, 390 (D.Minn.1985). A collateral attack brought outside Section 1144’s strict time limit represents nothing more than an impermissible attempt to enlarge the time limit. See id. at 391 (noting that the Section 1144 time limit cannot be enlarged, and later noting that if an action for fraud is construed as an attempt to revoke the confirmation order, then it is barred by the limitations period in Section 1144). An attempt to revoke a confirmation order in a separate proceeding is a collateral attack on the order. See id. (<HOLDING>). An action which, in effect, attempts to Options: A. holding that petitioner could not collaterally attack his state court conviction on a petition for review of an agency decision B. holding that creditors complaint was not an attempt to revoke or otherwise collaterally attack the confirmation order that is subject to the limitations period of section 1144 C. holding that a habeas petitioner cannot collaterally attack the conviction serving as a predicate for a removal order D. holding an unsecured creditors postconfirmation suit against a secured creditor for fraudulent misrepresentation at a creditors meeting constituted a collateral attack on the confirmation order E. holding after comprehensive analysis that the postconfirmation dismissal of a chapter 11 case does not vacate the order of confirmation or revoke the debtors discharge

assistant: The best answer is B. holding that creditors complaint was not an attempt to revoke or otherwise collaterally attack the confirmation order that is subject to the limitations period of section 1144
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: if you elect to use the features in our services to tell a friend about the services , we will ask you to provide your friend 's email address or social media profile , which we may then use to contact your friend about the services .

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: Change its name or the Borrower State or relocate its chief executive office without thirty (30) days' prior written notification; replace its chief executive officer or chief financial officer (i) without prompt notice to Bank and (ii) unless a replacement for such officer is approved by Borrower's Board of Directors and engaged by Borrower within ninety (90) days of such change; engage in any business, or permit any of its Subsidiaries to engage in any business, other than or reasonably related or incidental to the businesses currently engaged in by Borrower; change its fiscal year end; have a Change in Control; provided that the foregoing clause shall not apply to any Change of Control pursuant to which the Obligations are indefeasibly paid in full in cash contemporaneously with the close or consummation of such transaction and the Bank's obligations to make any Credit Extensions are terminated as of the close or consummation of such transaction.

assistant: Change In Control
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 term or provision of this Lender Joinder Agreement which is invalid or unenforceable in any jurisdiction shall, as to that jurisdiction, be ineffective to the extent of such invalidity or unenforceability without rendering invalid or unenforceable the remaining terms and provisions of this Lender Joinder Agreement or affecting the validity or enforceability of any of the terms or provisions of this Lender Joinder Agreement in any other jurisdiction. If any provision of this Lender Joinder Agreement is so broad as to be unenforceable, the provision shall be interpreted to be only so broad as would be enforceable.

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: Upon the occurrence of an Ownership Change Event, a dividend or distribution to the stockholders of the Company paid in shares of Stock or other property, or any other adjustment upon a change in the capital structure of the Company as described in Section 9, any and all new, substituted or additional securities or other property (other than regular, periodic cash dividends paid on Stock pursuant to the Company’s dividend policy, which shall be treated in accordance with Section 3.3) to which the Participant is entitled by reason of the Participant’s ownership of Unvested Units shall be immediately subject to the Company Reacquisition Right and included in the terms “Units” and “Unvested Units” for all purposes of the Company Reacquisition Right with the same force and effect as the Unvested Units immediately prior to the Ownership Change Event, dividend, distribution or adjustment, as the case may be. For purposes of determining the number of Vested Units following an Ownership Change Event, dividend, distribution or adjustment, credited Service shall include all Service with any corporation which is a Participating Company at the time the Service is rendered, whether or not such corporation is a Participating Company both before and after any such event.

assistant: Adjustments
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: convinced that it would not.” Neither doctor was present at the Gulf Coast Medical Center at the time KE.W. was taken into custody and neither pointed to any specific actions taken by K.E.W. at the center as a basis for rendering an opinion. Stone cited the incident at the center as a behavior by K.E.W. that made him believe that K.E.W. could be a harm to others, but merely described that KE.W. had an MHMR appointment, had met with Pugh, and had been so threatening that Pugh felt that K.E.W. needed to be immediately admitted to the hospital. S psychiatric expert opinion of a potential danger to others is insufficient to support a commitment” and there must be facts in record to justify conclusion that appellant was likely to cause serious harm); see also Broussard, 827 S.W.2d at 622 (<HOLDING>). Thus KE.W.’s beliefs, and his adherence to Options: A. holding that bare psychiatric expert opinion of potential danger to others insufficient to support commitment B. holding bare allegation of social friendship insufficient C. holding that bare baseless opinions will not support a judgment D. holding that an opinion of a potential danger to others is not sufficient to support a commitment under this standard E. holding that a complaints bare assertions alone were insufficient for certification

assistant: The best answer is A. holding that bare psychiatric expert opinion of potential danger to others insufficient to support commitment
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: warrant requirement did not apply. Regardless of whether probable cause existed that Myers's vehicle contained contraband, the ready mobility requirement was not met. When Myers's vehicle was first seized, it was not readily mobile. Myers was not stopped on the highway while driving his vehicle, nor was he inside or near his vehicle when it was seized. Even though Myers possessed the key to his vehicle, he was locked in a classroom during the canine sweep in the parking lot. Additionally, both police officers and school officials surrounded Myers's vehicle after the dog alerted to the presence of narcotics in his vehicle. Therefore, Myers's vehicle was neither readily mobile nor capable of being driven away. See Scott v. State, 775 N.E.2d 1207, 1210-11 (Ind.Ct.App.2002), trans. denied (<HOLDING>). Additionally, it was reasonably practicable Options: A. holding that after making an arrest of the driver of a vehicle the police may search the passenger compartment of the vehicle B. holding warrantless search of vehicle was improper where car was not stopped on a highway but was parked at a residence with no occupants inside or near the vehicle and capable of being driven away by the turn of an ignition key C. holding that no privacy interest was invaded when the officers saw the defendants activities while he was parked in a tavern parking lot and seated in a vehicle with the console light on D. holding a stop was effected where officers vehicle blocked defendants vehicle from proceeding E. holding automobile exeeption did not apply to warrantless search of vehicle where vehicle was not readily mobile because the vehicle was legally parked in parking lot occupants of vehicle were seated on a bench in the playground near the parking lot police officers surrounded the vehicle and the driver of the vehicle was handcuffed for safety purposes

assistant: The best answer is E. holding automobile exeeption did not apply to warrantless search of vehicle where vehicle was not readily mobile because the vehicle was legally parked in parking lot occupants of vehicle were seated on a bench in the playground near the parking lot police officers surrounded the vehicle and the driver of the vehicle was handcuffed for safety purposes
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: 7 (D.R.I.1975). Federal question jurisdiction is available notwithstanding the fact that the defendant is a municipality which could not be sued in a parallel action under § 1983. Gray v. Union County Intermediate Educ. Dist., 520 F.2d 803, 805 (9th Cir. 1975); Maybanks v. Ingraham, 378 F.Supp. 913 (E.D.Pa.1974). (But see Aldinger v. Howard, - U.S. -, 96 S.Ct. 2413, 49 L.Ed.2d 276 (1976), which arguably casts doubt on the future of § 1331 jurisdiction over civil rights actions against municipalities.) Second, there is no question but that the Municipal Defendants’ challenged conduct with respect to PGW’s collection and security deposit policies constitutes “state action.” See page 814, n. 5, supra. * But see Pitrone v. Mercadante, C.A. No. 75-2455 (E.D.Pa. Sept. 30, 1976) (Ditter, J.) (<HOLDING>). 14 . This is an implied, but unmistakable, Options: A. holding second amendment right is incorporated against the states through fourteenth amendment B. holding that there is no fourteenth amendment substantive due process right to be free from malicious prosecution and suggesting that such a cause of action might lie under the fourth amendment C. holding that fourteenth amendment only applies to state action D. holding that there is no implied cause of action against a municipality arising out of the fourteenth amendment and cognizable under 1331a E. holding that the fourteenth amendment only applies to state action

assistant: The best answer is D. holding that there is no implied cause of action against a municipality arising out of the fourteenth amendment and cognizable under 1331a
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: You agree to cooperate with the Company beginning on the Promotion Date and thereafter (including following your termination of employment for any reason) by making yourself reasonably available to testify on behalf of the Company or any of its affiliates in any action, suit, or proceeding, whether civil, criminal, administrative, or investigative, and to assist the Company, or any affiliate, in any such action, suit, or proceeding, by providing information and meeting and consulting with the Board or its representatives or counsel, or representatives or counsel to the Company, or any affiliate as reasonably requested. The Company agrees to reimburse you for all expenses actually incurred in connection with your provision of testimony or assistance, and if you provide testimony or assistance after the one-year anniversary of your termination as an employee and Board member (or during the first year after your termination as an employee and Board member if no severance is being paid with respect to such time), $200 per hour for your time.

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: In the event that any provision of this Agreement, or the application thereof, becomes or is declared by a court of competent jurisdiction to be illegal, void or unenforceable, the remainder of this Agreement shall continue in full force and effect and shall be interpreted so as reasonably to effect the intent of the parties hereto. The parties hereto further agree to replace such void or unenforceable provision of this Agreement with a valid and enforceable provision that shall achieve, to the extent possible, the economic, business and other purposes of such void or unenforceable provision.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: its discretion by denying defense counsel an opportunity to impeach a government witness through cross examination on the matter of the witness’s use of aliases. Because the court properly determined that the witness’s use of the alias was remote in time from the present offense, and because ample evidence was admitted to impeach the witness, we determine that the district court did not abuse its discretion. United States v. Kallin, 50 F.3d 689, 693 (9th Cir.1995) (stating that a reviewing court can only reverse for abuse of discretion if it has a definite and firm conviction that the district court committed a clear error of judgment in reaching its conclusion, or based its decision on an erroneous conclusion of law); Cf. United States v. Jackson, 882 F.2d 1444, 1446 (9th Cir.1989) (<HOLDING>). Next, counsel references the district court’s Options: A. holding that the trial courts error in not allowing defendant to testify on direct examination as to nature and circumstances of prior convictions was not harmless error where credibility of the defendant was critical to the deliberations of the jury B. holding that a trial courts refusal to allow the defendant to attend the jury view was not prejudicial C. holding that defendants right to crossexamine a witness for bias or motivation to lie is not grounds for reversal where the jury had enough information despite the limits placed on otherwise permitted crossexamination to assess the defense theory of bias or improper motive D. holding that a district courts refusal to allow cross examination as to certain prior conduct was not reversible error where the jury had sufficient information to appraise the bias and motives of the witness E. holding that defendant could not claim error in part because he did not request the district court to review the witness reports in question which would allow the district court to review the statements and excise incriminating information

assistant: The best answer is D. holding that a district courts refusal to allow cross examination as to certain prior conduct was not reversible error where the jury had sufficient information to appraise the bias and motives of the witness
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: 1.1 the licensor hereby grants to the licensee a non-exclusive , non-transferable license to use the service on the terms and conditions of these terms of use ( `` license '' ) .

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: such as tax crimes, is a purely legal question that is not to be submitted to the jury. See United States v. Klausner, 80 F.3d 55, 61 (2d Cir.1996) (distinguishing materiality in Gaudin as a mixed law and fact issue). Assuming the duty to disclose is an element of concealment to be charged to the jury under § 1001, the district court’s refusal to use Blackley’s proposed charge would still not be reversible. Under circuit law, the absence of a jury instruction on an element of the crime is not reversible error where it is inconceivable that the jury could have found the defendant guilty of the crime without making a finding as to the omitted element. See United States v. Winstead, 74 F.3d 1313, 1321 (D.C.Cir.1996); see also United States v. Parmelee, 42 F.3d 387, 393 (7th Cir.1994) (<HOLDING>); Redding v. Benson, 739 F.2d 1360, 1363-64 Options: A. holding modified categorical approach unavailable where the statute of conviction was missing an element of the generic definition B. holding that when the jury finds facts that are so closely related to the omitted element that no rational jury could find those facts without also finding the omitted element this exercise amounts to the functional equivalent of the omitted element C. holding that instructional error on missing element is harmless if no rational jury could have found the defendant guilty of violating the statute without also making the proper finding as to the missing element D. holding that error is not harmless if the defendant contested the omitted element and raised evidence to support a contrary finding E. holding that an instructional error is harmless if no rational jury could have made its findings without also finding the omitted fact to be true

assistant: The best answer is C. holding that instructional error on missing element is harmless if no rational jury could have found the defendant guilty of violating the statute without also making the proper finding as to the missing element
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: on his behavior in prison, and Fene-lon did not. present any evidence that he was likely to exhibit such non-compliant behavior, other than to testify that he was diagnosed with depression and had experienced suicidal tendencies. Fenelon has therefore failed to identify any colorable constitutional or legal questions concerning the agency’s denial of CAT relief. See Hui Lin Huang v. Holder, 677 F.3d 130, 134 (2d Cir. 2012). III. Motion to Remand Finally, Fenelon does not raise a constitutional claim or question of law concerning the BIA’s denial of his motion to remand. See Li Yong Cao v. Dep’t of Justice, 421 F.3d 149, 157 (2d Cir. 2005) (A motion to remand based on new evidence is subject to the same standards as motions to reopen.); Durant v. I.N.S., 393 F.3d 113, 114 (2d Cir. 2004) (<HOLDING>). We review the BIA’s denial of a motion to Options: A. holding that discretionary denials of motions to reopen are reviewed only for abuse of that discretion B. holding that bia denials of motions to reopen or reconsider are reviewed for abuse of discretion C. holding that a motion to reopen seeking only to apply for a form of relief which was unavailable to the movant at the time of the hearing is subject to the regulatory requirements governing motions to reopen D. holding that kucana compelled the conclusion that appellate courts have jurisdiction to review denials of motions for a continuance E. holding that the criminal jurisdiction bar applies to the denials of motions to reopen

assistant: The best answer is E. holding that the criminal jurisdiction bar applies to the denials of motions to reopen
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 Indenture may be executed in any number of counterparts (and by different parties on separate counterparts), each of which so executed shall be deemed to be an original, but all such counterparts shall together constitute but one and the same instrument.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: service, program or activity is a public entity. Civic Ass’n of the Deaf of New York City v. Giuliani, 915 F.Supp. 622, 634 (S.D.N.Y.1996) (internal citations omitted). NY-CHA does not dispute, that it is a “public entity” within the meaning'of the statute. Because the standards for discrimination against the disabled are interpreted similarly in the Rehabilitation Act, ADA, and FHAA, Plaintiffs’ Disability Rights Statutes claims can be analyzed together. See Toyota Motor Manuf., Ky. Inc. v. Williams, 534 U.S. 184, 193-94, 122 S.Ct. 681, 151 L.Ed.2d 615 (2002); Shapiro v. Cadman Towers, Inc., 51 F.3d 328, 334 (2d Cir.1995) (noting that Congress relied on Rehabilitation Act standards in drafting the FHAA); Lincoln Cercpac v. Health and Hosp. Corp., 977 F.Supp. 274, 279-80 (S.D.N.Y.1997) (<HOLDING>); see also 42 U.S.C.A. § 12133 (West 1995) Options: A. holding that secrecy is essential to establishing a violation of massachusetts wiretap act B. holding that neither the ada nor the rehabilitation act applies to prison employment C. holding that the requirements for establishing a rehabilitation act violation are similar to those for establishing an ada violation D. holding that the same standards apply to claims under the ada and under the rehabilitation act E. holding the ada and the rehabilitation act applicable

assistant: The best answer is C. holding that the requirements for establishing a rehabilitation act violation are similar to those for establishing an ada violation
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: In exchange for a favorable plea, Edens apparently could have provided valuable testimony undermining Lemons’ defense. Edens had witnessed the conspiratorial conversation that took place between Lemons and Rider and arguably could have testified that Lemons was not forced to participate in the robbery, contrary to Lemons’ claim. It appears that Edens was the least culpable defendant in this case and his observations regarding his more culpable codefendant Lemons might have been offered in exchange for a plea agreement with the government. No such effort was made on Edens’ behalf because such an arrangement would have been in direct conflict with Lemons’ defense. See Baty v. Balkcom, 661 F.2d 391, 397 (5th Cir.1981), cert. denied, 456 U.S. 1011, 102 S.Ct. 2307, 73 L.Ed.2d 1308 (1982) (<HOLDING>). Finally, Edens contends that Schultz failed Options: A. recognizing a potential conflict when defense counsel is currently representing in another matter either the victim of the crime or a prosecution witness B. holding that it was immaterial for conflict of interest purposes whether one attorney or two attorneys in the same firm represented the witness and the defendant C. holding the existence of a possible conflict required remand for a determination of whether an actual conflict of interest existed and holding a new trial would be required if an actual conflict existed D. holding that defense counsel suffered from an actual conflict of interest in representing two codefendants because had the attorney not been facing a conflict of interest he might have been able to negotiate a plea agreement on one defendants behalf in return for becoming a prosecution witness against the eodefendant E. recognizing the conflict

assistant: The best answer is D. holding that defense counsel suffered from an actual conflict of interest in representing two codefendants because had the attorney not been facing a conflict of interest he might have been able to negotiate a plea agreement on one defendants behalf in return for becoming a prosecution witness against the eodefendant
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Upon the occurrence of any Event of Default, Factor shall have all the rights and remedies of a secured party under the UCC (as defined in Section 10.1 below) and other applicable laws with respect to all Collateral, such rights and remedies being in addition to all of Factor’s other rights and remedies provided for herein. Factor may sell or cause to be sold any or all of such Collateral, in one or more sales or parcels, at such prices and upon such terms as Factor shall elect, for cash or on credit or for future delivery, without assumption of any Credit Risk, and at a public or private sale as Factor may deem appropriate. Unless the Collateral is perishable or threatens to decline speedily in value or is of a type customarily sold on a recognized market, Factor will give Client reasonable notice of the time and place of any public sale thereof or of the time after which any private sale or any other intended disposition thereof is to be made. At any such sale, Factor may disclaim warranties of title, possession, quiet enjoyment, merchantability and the like and any such disclaimer shall not effect the commercial reasonableness of the sale. The requirements of reasonable notice shall be met if any such notice is mailed, postage prepaid, to Client’s address set forth on the signature page hereto, at least five (5) days before the time of the sale or disposition thereof. Factor may invoice any such sale in Factor’s name or in Client’s name, as Factor may elect, as the seller, and in such latter event such invoice shall be marked payable to Factor as provided in Section 1.4 of this Agreement. Factor may be the purchaser at any such public sale and thereafter hold the property so sold at public sale, absolutely, free from any claim or right of any kind, including any equity of redemption. The proceeds of sale shall be applied first to all costs and expenses of, and incident to, such sale, (including attorneys’ costs, fees and expenses), and then to the payment (in such order as Factor may elect in its sole discretion) of all other Obligations. After application of the proceeds of any Collateral to the Obligations, Client shall remain liable for any deficiency.

assistant: Remedies
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 provisions of this Plan shall be construed, interpreted, and governed in all respects in accordance with applicable federal law and, to the extent not preempted by such federal law, in accordance with the laws of the State of Washington.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: if you purchase an item on an ebay site other than ebay.com , you are subject to the user agreement of that other ebay site with respect to that particular purchase .

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: Borrower has duly observed, conformed and complied in all material respects with all laws, decisions, judgments, rules, regulations and orders of all courts, governmental and regulatory authorities relating to the conduct of their business, or its properties and assets, except those being contested in good faith by appropriate proceedings diligently pursued with adequate reserves established.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: ORDER Petitioner Li Juan Zheng, a native and citizen of the People’s Republic of China, seeks review of the October 8, 2008, order of the BIA denying her motion to reconsider and reopen. In re Li Juan Zheng, No. A098 971 281 (B.I.A. Oct. 8, 2008). We assume the parties’ familiarity with the underlying facts and procedural history of the case. In denying Zheng’s motion to reconsider, the BIA did not err in finding that she failed to identify any legal or factual error in its reversal of the IJ’s decision granting asylum. See Jin Ming Liu v. Gonzales, 439 F.3d 109, 111 (2d Cir.2006). Indeed, rather than asserting any error in the BIA’s prior decision, Zheng’s motion merely restated the arguments she had made on appeal to the BIA. See id. (<HOLDING>); Jie Chen v. Gonzales, 436 F.3d 76, 78-79 & n. Options: A. holding that merely reiterating arguments previously presented to the bia does not constitute specifying errors of fact or law as required for a successful motion to reconsider alteration omitted B. holding that the bia does not abuse its discretion by denying a motion to reconsider when the motion merely repeats arguments that the bia has previously rejected C. holding the finality of a bia order is not affected by a subsequent motion to reconsider D. holding that bia abused its discretion in denying motion to reopen E. holding that the timely filing of a motion to reopen or reconsider with the bia does not toll the time period for seeking appellate court review and that the mere act of filing the motion does not render nonfinal the underlying bia decision

assistant: The best answer is B. holding that the bia does not abuse its discretion by denying a motion to reconsider when the motion merely repeats arguments that the bia has previously rejected
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: From and after the date hereof and so long as any Notes remain outstanding, the Company shall continue to engage in business of the same general type as conducted by the Company on the Effective Date, and preserve, renew and keep in full force and effect its corporate existence and take all reasonable action to maintain all rights, privileges and franchises necessary or desirable in the normal conduct of the business of the Company. From and after the date hereof and so long as any Notes remain outstanding, the Company shall do or cause to be done all things necessary to ensure compliance by the Company in all material respects with all creditors, applicable statutes, regulations and orders of, and all applicable restrictions imposed by, any Governmental Authority (including those with jurisdiction over matters pertaining to the environment and hazardous materials).

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: The Prosecution intends this fact to support Investigator Fletcher’s objective reasonableness in relying on the warrant. I, on the other hand, view it as an indication that the unreasonable has become too common. In other words, it seem that when improper procedures become common place, they become something a reasonable officer can rely upon. 64 . Leon, 468 U.S. at 922, 104 S.Ct. 3405. 65 . United. States v. Novak, 870 F.2d 1345, 1353 (7th Cir.1989). 66 . Id. 67 . Doc. No. 94-2. 68 . Id. 69 . At the suppression hearing, the Prosecution conceded that this affidavit’s inference would allow the search of Swift's second home (if he had one) in New York City, New York, as well as a third (if he had it) in Memphis, Tennessee. 70 . See United States v. Ross, 487 F.3d 1120, 1 8th Cir.2003) (<HOLDING>); United States v. Marion, 238 F.3d 965, 969 Options: A. holding that executing officers reasonably relied on judges determination that there was probable cause to search motel room even though search warrant affidavit failed to mention a connection between motel room and criminal activity B. holding that a party failed to present any evidence to rebut inference that delay was unreasonable and inexcusable C. holding that it is permissible under the fourth amendment to detain occupants of a residence while executing a search warrant of the residence D. holding that an affidavit failed to establish a connection between a residence and contraband but that it was not entirely unreasonable for the executing officer to believe that such an inference was permissible E. holding anticipatory warrant for search of defendants home was invalid because contraband was picked up by defendant rather than being delivered to his home and affidavit failed to provide facts establishing a nexus between contraband and defendants home

assistant: The best answer is D. holding that an affidavit failed to establish a connection between a residence and contraband but that it was not entirely unreasonable for the executing officer to believe that such an inference was permissible
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 motivated by a legitimate penological interest.”). While the individual corrections officers who confiscated Barnes’s Tsalot-Kob may very well have been acting reasonably when following DOCS policy, a different analysis may apply to those responsible for the policy. On this record, it is not apparent whether there was a legitimate penological reason to limit only Tsal-ob-Kobs to inmates registered as Rastafarian. Therefore, we cannot say as a matter of law that it was objectively reasonable for those defendants to believe that denying a Tsalot-Kob to an inmate registered as Jewish was constitutional. Moreover, because defendants have not identified any penological interests supporting the policy, we cannot assess the reasonableness of their actions. See Salahuddin, 467 F.3d at 276 (<HOLDING>). Accordingly, we remand to the district court Options: A. holding that record did not show voluntary or intelligent waiver B. holding that it could not review the district courts rulings on the admissibility of exhibits since they were not included in the record on appeal C. holding that this line of cases was not on point and that no error was apparent on the face of the record due to lack of reporters record from defaultjudgment hearing because the judgment reflected that it was based only on the pleadings and affidavits that were in the record D. holding trial court did not err in failing to define manufacture E. holding that where prison officials did not point to anything in the record to show that they relied on legitimate penological justifications court could not manufacture facts out of thin air

assistant: The best answer is E. holding that where prison officials did not point to anything in the record to show that they relied on legitimate penological justifications court could not manufacture facts out of thin air
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 amount payable hereunder by Licensee, which is not paid when due in accordance this Section 4, shall bear a pro rata monthly interest rate of one percent (1%) subject to any necessary approvals that may be required.

assistant: Interests
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: It is the intent of the parties hereto that this Agreement not constitute a novation of the obligations and liabilities existing under the Existing Credit Agreement or evidence repayment of any such obligations and liabilities and that this Agreement amend and restate in its entirety the Existing Credit Agreement and re-evidence the obligations of the Borrowers and the other Loan Parties outstanding thereunder.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: There is no action, suit, proceeding or investigation pending, or to its knowledge threatened, against such Originator before any Governmental Authority: (i) asserting the invalidity of this Agreement or any of the other Transaction Documents, (ii) seeking to prevent the consummation of any of the transactions contemplated by this Agreement or any other Transaction Document or (iii) seeking any determination or ruling that could materially and adversely affect the performance by it of its obligations under, or the validity or enforceability of, this Agreement or any of the other Transaction Documents.

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: Any claim or controversy arising out of, or relating to, this Agreement or its breach, shall be settled by arbitration in Palm Beach County, Florida in accordance with the governing rules of the American Arbitration Association. Judgment upon the award rendered may be entered in any court of competent jurisdiction. In the event one of the parties hereto requests an arbitration proceeding under this Agreement, such proceeding shall commence within 30 days from the date of such request. The prevailing party shall be entitled to reasonable attorney’s fees and costs.

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 legal provision and list the applicable contract clause categories. Provision: The Guarantor irrevocably waives acceptance hereof, presentment, demand, protest and, to the fullest extent permitted by law, any notice not provided for herein, as well as any requirement that at any time any action be taken by any Person against any Debtor, any other guarantor of any of the Guaranteed Obligations, or any other Person.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as may be required by Law or to enforce an award, neither a Party nor an arbitrator may disclose the existence, content or results of any arbitration hereunder without the prior written consent of the Parties.

assistant: Confidentiality