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: of service, which would have been prima facie evidence of proper service. See Tex.R. Crv. P. 21a. Upon careful examination of the two petitions, we note that the amended petition reflects that JenCra was being served with citation under the authority of section 17.044 of the Texas Civil Practice and Remedies Code, a Texas long-arm statute. See Tex. Crv. PRAC. & Rem.Code Ann. § 17.044 (Vernon 1997). In its original petition, Drewery alleged that JenCra was being served with citation through its registered agent, Craig Harris. No other changes were made. The amendment did not assert new claims or request a more onerous judgment against Fidelity or Jen-Cra. See Weaver, 570 S.W.2d at 370; Palomin v. Zarsky Lumber Co., 26 S.W.3d 690, 693-94 (Tex.App.-Corpus Christi 2000, pet. denied) (<HOLDING>). Therefore, we conclude that failure to serve Options: A. holding that a 2255 petition seeking only reinstatement of the right to a direct appeal does not render any later petition a second or successive petition under the aedpa B. holding that because the petitioner had already filed a rule 371 petition he was barred from submitting a subsequent petition under that rule and his petition was subject to dismissal on that basis regardless of the label he placed on it C. holding that after original petition had been properly served on defendant failure to serve amended petition was not error since it contained only insignificant changes D. holding that the filing of an amended petition in the same cause in which a final judgment had already been entered was like an original petition sufficient to invoke the trial courts jurisdiction E. holding that even where postconviction petitioner reserved the option to file an amended petition in his opening petition simply filing an amended petition is insufficient to request leave to file an amended petition a motion for leave to file an amended petition was required before it was necessary for the district judge to consider the amended petition

assistant: The best answer is C. holding that after original petition had been properly served on defendant failure to serve amended petition was not error since it contained only insignificant changes
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 with respect to the material terms and conditions of the transactions contemplated by this Agreement and the transactions contemplated pursuant to the Prospectus, the Company confirms that neither it nor any other Person acting on its behalf has provided any of the Investors or their agents or counsel with any information that it believes constitutes or might constitute material, non-public information which is not otherwise disclosed in the Preliminary Prospectus, any Company Free Writing Prospectus or the Prospectus. The Company understands and confirms that the Investors will rely on the foregoing representation in effecting transactions in securities of the Company. All of the disclosure furnished by or on behalf of the Company to the Investors regarding the Company and, its Subsidiaries, their respective businesses and the transactions contemplated hereby, including the Disclosure Schedules to this Agreement, is true and correct and does not contain any untrue statement of a material fact or omit to state any material fact necessary in order to make the statements made therein, in light of the circumstances under which they were made, not misleading. The press releases disseminated by the Company during the twelve months preceding the date of this Agreement taken as a whole do not contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary in order to make the statements therein, in light of the circumstances under which they were made and when made, not misleading.

assistant: Disclosures
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: hearing, we review his sentence for plain error.”). Here, the district court found by a preponderance of the evidence that Waller murdered his wife. This act constitutes criminal misconduct. Like other prior criminal conduct, whether or not related to the offense of conviction, it is part of ‘the history and characteristics of the defendant’ that the district court ‘shall consider’ in imposing an appropriate sentence, 18 U.S.C. § 3553(a)(1), and it may be relevant in a particular case to the factors enumerated in § 3553(a)(2). United States v. Loaiza-Sanchez, 622 F.3d 939, 942 (8th Cir.2010) (citing United States v. Jenners, 537 F.3d 832, 835-36 (8th Cir.2008) (noting that a court may consider uncharged criminal conduct)); United States v. Comer, 93 F.3d 1271, 1284 (6th Cir.1996) (<HOLDING>); United States v. Aideyan, 11 F.3d 74, 76 (6th Options: A. holding sentencing courts may consider evidence of conduct or charges of which a defendant was acquitted B. holding that district court may treat acquitted conduct as relevant conduct at sentencing C. holding that the district court could constitutionally consider the acquitted conduct in rico sentencing D. holding that a sentencing court may consider acquitted conduct or uncharged criminal conduct E. holding that uncharged conduct may be considered at sentencing when that conduct is proven by a preponderance of the evidence

assistant: The best answer is D. holding that a sentencing court may consider acquitted conduct or uncharged criminal conduct
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 addition to reimbursement for business expenses incurred by Menzel in the normal and ordinary course of his employment by the Company pursuant to the Company’s standard business expense reimbursement policies and procedures, the Company shall reimburse Menzel for the full amount of his medical insurance costs should he elect to participate in the Company’s medical insurance program(s).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: (a) Each of the First Lien Secured Parties hereby irrevocably appoints and authorizes the Applicable Authorized Representative to take such actions on its behalf and to exercise such powers as are delegated to the Applicable Authorized Representative by the terms hereof or thereof, including for purposes of acquiring, holding and enforcing any and all Liens on Collateral granted by any Grantor to secure any of the First Lien Obligations, together with such powers and discretion as are reasonably incidental thereto. In this connection, the Applicable Authorized Representative and any co-agents, sub-agents and attorneys-in-fact appointed by the Applicable Authorized Representative pursuant to Section 4.05 for purposes of holding or enforcing any Lien on the Collateral (or any portion thereof) granted under any of the First Lien Security Documents, or for exercising any rights and remedies thereunder at the direction of the Applicable Authorized Representative, shall be entitled to the benefits of all provisions of this Article IV and Section 8 of the Credit Agreement and the equivalent provision of any Additional First Lien Document (as though such co-agents, sub-agents and attorneys-in-fact were the “Applicable Authorized Representative” named therein) as if set forth in full herein with respect thereto.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: beyond outlining the method of proof. Instead, Garza proceeds to discuss his retaliation claim using a pretext analysis. (See PL’s Resp. Br. at 2-9.) Garza either expects this court to parse the record on his behalf for evidence of discriminatory intent, or he concedes that he lacks evidence to support a race or national origin discrimination claim. The court may treat Garza’s failure to delineate his discrimination argument as a waiver of his discrimination claim. See Palmer v. Marion Cnty., 327 F.3d 588, 597-98 (7th Cir.2003) (finding that plaintiff abandoned his negligence claim because he did not delineate the claim in his district court brief in opposition to summary judgment or his appellate brief); Laborers’ Int’l Union of N. Am. v. Caruso, 197 F.3d 1195, 1197 (7th Cir.1999) (<HOLDING>). Second, even if this court were inclined to Options: A. holding that arguments not raised before the trial court are waived B. holding court will not read between the lines in determining what grounds are presented to the trial court in motion for summary judgment C. holding that arguments not raised in district court are waived D. holding that arguments not presented to the district court in response to a motion for summary judgment are waived E. holding that arguments not raised in opposition to a motion for summary judgment are waived

assistant: The best answer is D. holding that arguments not presented to the district court in response to a motion for summary judgment are waived
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Each Note Party and each Holder hereby acknowledge and agree that Agent and/or its Affiliates and their respective Related Funds from time to time may hold investments in, and make loans to, or have other relationships with any of the Note Parties and their respective Affiliates, including the ownership, purchase and sale of Equity Interest in any Note Party and their respective Affiliates and each Holder hereby expressly consents to such relationships.

assistant: Disclosures
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 authority to reopen that closed proceeding unless we first recall the mandate that affirmed the 1995 Order. Moreover, the Commission continues, we may not issue such a recall except in "exceptional circumstances,” upon a "showing of ‘good cause’ and the need to ‘prevent injustice.' " Greater Boston, 463 F.2d at 277-78. To resolve this case, however, there is no need to decide whether ACC's appeal must be styled as a request to recall our mandate, rather than as one to review a refusal to reopen. Compare Greater Boston, 463 F.2d at 291 (denying an FCC request to recall the court's mandate to permit the agency to hear argument regarding whether to reopen a comparative licensing proceeding), with Standard Oil Co. v. United States, 429 U.S. 17, 18, 97 S.Ct. 31, 50 L.Ed.2d 21 (1976) (<HOLDING>). As just discussed, our standard of review for Options: A. holding that district courts do not have appellate jurisdiction over state courts B. holding that a claim is not properly before the appellate court because it is axiomatic that arguments not raised below are waived on appeal C. holding that although district courts have discretion to deny leave to amend they may only do so for a substantial reason D. holding that although the district court was not required to discuss each of the factors on the record a decision to dismiss stands a better chance on appeal if the appellate court has the benefit of the district courts reasoning E. holding that although courts of appeals have required appellate leave before the district court could reopen a case which had been reviewed on appeal the arguments in favor of requiring appellate leave are unpersuasive

assistant: The best answer is E. holding that although courts of appeals have required appellate leave before the district court could reopen a case which had been reviewed on appeal the arguments in favor of requiring appellate leave are unpersuasive
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: RCA Corp. v. Data Gen. Corp., 887 F.2d 1056, 1061 (Fed.Cir.1989)). In short, Defendant met its burden in demonstrating that no genuine issue would preclude summary judgment. Sparton simply has not established that any material issue of fact requires a resolution at trial, thus summary judgment is appropriate. Vivid Technologies, Inc., 200 F.3d at 806-07. B. The Commercial Offer for Sale Whether a commercial offer for sale or sale has occurred depends on traditional contract law principles. “[T]he offer must meet the level of an offer for sale in the contract sense, one that would be understood as such in the commercial community.” Group One, Ltd. v. Hallmark Cards, Inc., 254 F.3d 1041, 1046 (Fed.Cir.2001); Linear Tech. Corp. v. Micrel, Inc., 275 F.3d 1040, 1048 (Fed.Cir.2001) (<HOLDING>). “Only an offer which rises to the level of a Options: A. recognizing the effective overruling of bankes B. recognizing implicit overruling of wehr C. recognizing the overruling of milford township D. recognizing the overruling of rca corp v data gen corp 887 f2d 1056 fedcir1989 E. recognizing prandinis overruling

assistant: The best answer is D. recognizing the overruling of rca corp v data gen corp 887 f2d 1056 fedcir1989
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’s employment shall be “at-will” and may be terminated at any time, by either party, for any reason whatsoever (the “ Term ”). Executive’s employment with the Company commences on September 11, 2017 (the “Effective Date”).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed in one or more counterparts, all of which shall be considered one and the same agreement, and shall become a binding agreement when one or more counterparts have been signed by each of the parties and delivered to the other party. Signatures on this Agreement which are transmitted electronically shall be valid for all purposes, however any party shall deliver an original signature on this Agreement to the other party upon request.

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: against whom a claim is asserted if the foregoing provision (2) is satisfied and, within the period provided by Rule 4(m) for service of the summons and complaint, the party to be brought in by amendment (A) has received such notice of the institution of the action that the party will not be prejudiced in maintaining a defense on the merits, and (B) knew or should have known that, but for a mistake concerning the identity of the proper party, the action would have been brought against the party.” Fed.R.Civ.P. 15(c). Fed.R.Civ.P. 4(m), which is mentioned, provides for a 120-day period. Nobles and Hales’s proposed amended complaint could relate back if it met the requirements of either Rule 15(c)(1) or Rule 15(c)(3). Saxton v. ACF Industries, Inc., 254 F.3d 959, 966 n. 11 (11th Cir.2001) (<HOLDING>). Rule 15(c)(3) sets forth the federal rule for Options: A. recognizing strictness of maryland rule in a diversity case B. holding that a proposed amendment seeking to change a defendant in a diversity case could relate back under either rule 15c1 or 15c3 C. holding that in order for a defendant to remove a case to federal court based upon diversity jurisdiction there must be complete diversity of citizenship both at the time that the case is commenced and at the time that the notice of removal is filed D. holding that state law provides the standard of review for a denial of a rule 50 motion in a diversity case E. holding that statutory change in diversity requirements is not other paper

assistant: The best answer is B. holding that a proposed amendment seeking to change a defendant in a diversity case could relate back under either rule 15c1 or 15c3
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Each Loan Party has complied in all material respects with all applicable Legal Requirements, including consumer protection laws but not including Environmental Laws which are addressed under Section 4.1(v) or Anti-Bribery and Anti-Corruption Laws, Anti-Terrorism and Money Laundering Laws and Regulations or Sanctions, which are addressed under Section 4.1(u) , except to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect.

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 legal provision and list the applicable contract clause categories. Provision: The Subscriber understands and agrees that this Subscription Agreement is not binding upon the Company until the other terms and conditions have been met, including the Offering Amount having been obtained, and the Company accepts the subscription, which acceptance is at the sole discretion of the Company and is to be evidenced by the Company’s completion, execution and delivery of this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Lenders and the Administrative Agent shall have received all fees required to be paid on or prior to the Closing Date (including pursuant to the Fee Letter), and all reasonable and documented fees and expenses for which invoices have been presented (including the reasonable and documented fees and expenses of legal counsel to the Administrative Agent) for payment on or before the Closing Date. All such amounts will be paid with proceeds of Loans made on the Closing Date.

assistant: Fees
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: withdrawal.” The trial court fails to specify what kind of “legal or other action” Mary Blomdahl could have taken to enforce her interest in the retirement benefits. She clearly could not have sent a certified copy of the divorce judgment to Piper Jaffray or Aid Association Lutherans demanding payment of ninety percent of Russell Blomdahl’s retirement benefits. See, e.g., Jordan, 147 S.W.3d at 261 (stating the divorce judgment created wife’s right to receive benefits under the plan, but explaining wife could not receive benefits under the plan until the plan administrator approves a proposed QDRO). Neither could she bring an action to receive her share of Russell Blomdahl’s retirement benefits before he actually retired and those benefits became due. See, e.g., Weber, 95 P.3d at 698 (<HOLDING>). Moreover, nothing in the record indicates Options: A. holding that military retirement benefits are current pay and thus significantly different than other retirement benefits B. holding that retirement benefits are accrued benefits under erisa C. holding in postamendment case that offsetting social security retirement benefits against permanent total disability payments rationally related to reducing wagereplacement benefits for retired workers D. holding wife could not have moved to enforce payment of husbands retirement benefits before husband actually retired and began receiving benefits E. holding that federal law does not prohibit a marital settlement agreement which provides for indemnification if husband takes voluntary action to reduce wifes share of military retirement benefits as along as the disability benefits are not specified as the source of the payments to wife

assistant: The best answer is D. holding wife could not have moved to enforce payment of husbands retirement benefits before husband actually retired and began receiving benefits
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: argument that first-filed qui tam complaints must meet a heightened pleading standard under Rule 9(b) in order to bar later-filed complaints. C. Dismissal with Prejudice Batiste argues that because Zahara’s complaint was dismissed before Batiste’s complaint was dismissed, his complaint should not have been dismissed with prejudice (implying that Batiste would like the opportunity to amend his complaint and bring this case again). Batiste, however, waived this argument. Zahara was dismissed eighteen months prior to the Batiste dismissal. During that time, Batiste never asked for leave to amend his complaint in the district court; thus, he has waived his opportunity to file a new suit on these same grounds now. See Confederate Mem’l Ass'n v. Hines, 995 F.2d 295, 299 (D.C.Cir.1993) (<HOLDING>). III. Conclusion For the reasons set forth Options: A. holding the district court is not required to grant a plaintiff leave to amend his complaint sua sponte when the plaintiff who is represented by counsel never filed a motion to amend nor requested leave to amend before the district court B. holding that dismissal with leave to amend should be granted even if no request to amend was made C. holding that although district courts have discretion to deny leave to amend they may only do so for a substantial reason D. recognizing that although leave to amend generally should be freely granted that decision is left to the district courts discretion and as in the present case not only was there no abuse of discretion it appears that appellants never properly requested an opportunity to amend in the district court E. holding district court did not abuse its discretion in not granting plaintiffs leave to amend complaint for a third time

assistant: The best answer is D. recognizing that although leave to amend generally should be freely granted that decision is left to the district courts discretion and as in the present case not only was there no abuse of discretion it appears that appellants never properly requested an opportunity to amend in the district court
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: crime based upon his bad character, as evidenced by his alleged gang membership. When a prosecutor “dwells on a defendant’s bad character” to argue that the defendant committed the crime or had the propensity to commit the crime, the prosecutor has engaged in misconduct. See Washington v. Hofbauer, 228 F.3d 689, 699 (6th Cir.2000). To be sure, the prosecutor’s final words to the jury were: “I don’t know anything about this gang stuff and I can be naive. That’s in this case. That’s what this case is about.” Yet the evidence indicated that the shooting concerned a domestic situation unrelated to gang activity. The prosecutor had no right to suggest that the shooting was gang-related when no evidence was presented to support his claim. See Berger, supra, 295 U.S. at 84-85, 55 S.Ct. 629 (<HOLDING>). Moreover, as discussed in detail supra, Options: A. holding it is improper for prosecutor to suggest that evidence which was not presented at trial provides additional grounds for finding the defendant guilty B. holding that statements to the jury made by the prosecutor asserting that a defense witness was lying was improper but considering all the facts and circumstances revealed in the record which showed overwhelming evidence against the defendant such statements did not constitute a prejudicial error C. holding that erroneous admission of improper and prejudicial evidence did not require reversal because the jury would have returned a verdict of guilty against the defendant even without the prejudicial testimony D. holding that it is improper for prosecutor to comment on accuseds postarrest silence E. holding that it is improper for a prosecutor to assume the existence of prejudicial facts not in evidence

assistant: The best answer is E. holding that it is improper for a prosecutor to assume the existence of prejudicial facts not in evidence
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: support for Brentwood’s position that the recruiting rule is a content-based regulation designed by TSSAA out of fear of what prospective students would learn about the athletic programs at independent secondary schools. If TSSAA had been motivated by a fear of the impact that information regarding athletic programs would have on students, it would presumably have banned recruiting and communications altogether. This it did not do. Finally, we reject Brentwood’s contention that the recruiting rule is unconstitutional because it controls who can speak for Brentwood. The recruiting rule is not an unconstitutional regulation that “dic-tat[es] ... the speakers who may address a public issue.” First Nat’l Bank of Boston v. Bellotti 435 U.S. 765, 784-85, 98 S.Ct. 1407, 55 L.Ed.2d 707 (1978) (<HOLDING>). Although the rule emphasizes that coaches and Options: A. holding that a state statute prohibiting expenditures by banks and business corporations for the purpose of influencing the vote on any question other than one materially affecting the business interests of the corporation unconstitutionally infringed on their first amendment rights B. holding that a florida statute requiring a foreign corporation to obtain a certificate of authority prior to transacting business in the state was preempted as it applied to national banks C. holding that the actual amount of capital employed in the state by a foreign corporation was to be based on the property of the corporation that was within the state and that was used in business transacted within the state D. holding that where first amendment freedoms are not infringed by the statute a vagueness claim must be evaluated as the statute is applied to the facts of the case E. holding that an iowa statute requiring a foreign corporation to hold a certificate of authority to transact business in the state was preempted by the nba as the statute pertained to national banks because it infringed on the powers provided to national banks by the nba

assistant: The best answer is A. holding that a state statute prohibiting expenditures by banks and business corporations for the purpose of influencing the vote on any question other than one materially affecting the business interests of the corporation unconstitutionally infringed on their first amendment rights
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company has informed the Purchasers that it requires additional time to deliver its (a) audited consolidated financial statements for the fiscal year ended December 31, 2016 and other related information required by Sections 7.1(a) of the Purchase Agreement, as well as the related officer’s certificate required by Section 7.2 of the Purchase Agreement and (b) its unaudited financial statements for the fiscal quarters ended March 31, 2017, June 30, 2017 and September 30, 2017 and other related information required by Section 7.1(b) of the Purchase Agreement, as well as the related officer’s certificate required by Section 7.2 of the Purchase Agreement (collectively, the “ Required Financial Deliverables ”). Subject to the conditions to effectiveness set forth in Section 4 below, the Purchasers hereby consent to the delivery by or on behalf of the Company of the Required Financial Deliverables by no later than December 30, 2017, in lieu of the date for delivery thereof specified in such Sections 7.1(a) and 7.2; provided that it shall be an Event of Default under the Purchase Agreement if the Company fails to deliver any of the Required Financial Deliverables by December 30, 2017.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: In the event any provision of the Plan or of any Award Agreement shall be held illegal or invalid for any reason, the illegality or invalidity shall not affect the remaining parts of the Plan or the Award Agreement, and the Plan and/or the Award Agreement shall be construed and enforced as if the illegal or invalid provision had not been included.

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: This Agreement may be executed and delivered (including by facsimile transmission) in one or more counterparts, and by the different parties hereto in separate counterparts, each of which when executed shall be deemed to be an original, but all of which taken together shall constitute one and the same agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Executive understands and agrees that, to the fullest extent permitted by applicable law and except as provided for in Section 8 above, the amounts and types of Severance Benefits provided for in this Agreement shall be maintained as strictly confidential by Executive and his agents and representatives and shall not be disclosed except to his immediate family, financial advisors, accountants, taxing authorities, unemployment office, mortgage lenders/bank personnel and/or attorney, and to the extent required by federal or state law, including a subpoena, or as otherwise agreed to in writing by Cimpress.

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 legal provision and list the applicable contract clause categories. Provision: (a) Withholding of Taxes ; Gross-Up . Each payment by or on behalf of any Loan Party under any Loan Document shall be made without withholding for any Taxes, unless such withholding is required by any law. If any Withholding Agent determines, in its sole discretion exercised in good faith, that it is so required to withhold Taxes, then such Withholding Agent may so withhold and shall timely pay the full amount of withheld Taxes to the relevant Governmental Authority in accordance with applicable law. If such Taxes are Indemnified Taxes, then the amount payable by such Loan Party shall be increased as necessary so that, net of such withholding (including such withholding applicable to additional amounts payable under this Section), the applicable Recipient receives the amount it would have received had no such withholding been made.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Court accepts as true all of the evidence favorable to the state, including all favorable inferences drawn from the evidence and disregards all evidence and inferences to the contrary.’ ” Id. (citation omitted). Finally, “the court neither weighs the evidence, nor determines the credibility or reliability of the witnesses.” State v. Daleske, 866 S.W.2d 476, 478 (Mo.App.1993) (citing State v. Middleton, 854 S.W.2d 504, 506 (Mo.App.1993)). The appellant concedes in his brief that our appellate courts have routinely recognized the fact that a fingerprint at the scene of the crime may in and of itself be sufficient to convict. See State v. Grim, 854 S.W.2d 403, 413 (Mo. banc 1993); State v. Bland, 757 S.W.2d 242, 245 (Mo.App.1988) (citing State v. Thomas, 452 S.W.2d 160, 163 (Mo.1970)) (<HOLDING>). However, he contends that “a partial palm Options: A. holding that information of criminal activity given by a known reliable informant is enough to sustain a terry stop B. holding that evidence was sufficiently reliable because there was corroboration C. holding that due to the reliable and unique quality of an individuals fingerprint fingerprint evidence by itself is enough to support a criminal conviction D. holding that it was sufficient that the government submitted unchallenged certified records of conviction and other clearly reliable evidence E. holding that a judicial confession in a guilty plea is itself sufficient evidence to support the crime charged

assistant: The best answer is C. holding that due to the reliable and unique quality of an individuals fingerprint fingerprint evidence by itself is enough to support a criminal conviction
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: and implied warranty claims is that Defendants made representations that the Products were proven to be effective weight-loss supplements and were safe. However, according to the FAC, the Products were not effective and were unsafe. Even if any of the Plaintiffs lost weight while taking the drug, it cannot be assumed that the weight loss was due to the Products’ effectiveness since in a study commissioned by Iovate, the subjects using Hydroxycut actually lost less weight than the placebo group. Furthermore, even if Plaintiffs did not suffer any physical injury, the FAC alleges that the product is not safe for consumption. Therefore, Plaintiffs allege that they did not get what they paid for and have sufficiently alleged breach of warranty. See In re Bayer, 701 F.Supp.2d at 383-84 (<HOLDING>); Rikos, 782 F.Supp.2d at 541-42, 2011 WL Options: A. recognizing products liability and products actions based on negligence as part of the general maritime law B. holding that fifra preempts breach of warranty claims based on labeling C. holding that plaintiffs had stated a claim for breach of warranty by alleging that the combination products could not fulfill the promises bayer made on the labeling and that bayer had falsely implied that the combination products had been fdaapproved D. holding that an implied warranty of merchantability does not create a labeling requirement different from or in addition to those mandated by fifra because the implied warranty of merchantability arises from the sale itself not from a state labeling regulation citation omitted E. holding plaintiff had to commence his breach of implied warranty action under the dtpa within two years because tjhis special statute of limitations denies plaintiffs alternative proposal of entitlement to recover for breach of the common law implied warranty

assistant: The best answer is C. holding that plaintiffs had stated a claim for breach of warranty by alleging that the combination products could not fulfill the promises bayer made on the labeling and that bayer had falsely implied that the combination products had been fdaapproved
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 internal quotation marks omitted); see also United States v. Messina, 806 F.3d 55, 66 (2d Cir. 2015) (discussing “broad range of permissible decisions available to the district court”). Kalume’s 14-month sentence was at the high end of her 8-14 month Sentencing Guidelines range. “[I]n the overwhelming majority of cases, a Guidelines sentence will fall comfortably within the broad range of sentences that would be reasonable in the particular circumstances.” United States v. Fernandez, 443 F.3d 19, 27 (2d Cir. 2006). This case presents no exception. The district court was entitled to rely on Kalume’s lack of remorse, a factor informing her Guidelines range, to explain its decision as to where to sentence within that range. See United States v. Jacobson, 15 F.3d 19, 23 (2d Cir. 1994) (<HOLDING>); accord United States v. Broxmeyer, 699 F.3d Options: A. holding that lack of justiciable interest resulted in lack of standing to pursue claim and that lack of standing deprived the trial court of jurisdiction to act B. recognizing lack of remorse as factor that can inform sentence C. recognizing generally if the ultimate sentence is reasonable and the sentencing judge did not commit procedural error in imposing that sentence we will not second guess the weight or lack thereof that the judge accorded to a given factor or to a specific argument made pursuant to that factor internal quotation marks and alteration omitted D. recognizing temporal proximity as important factor E. holding that evidence that defendant robbed the victim after killing him showed a lack of remorse

assistant: The best answer is B. recognizing lack of remorse as factor that can inform sentence
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: premises, and the owner or occupant is under no duty to reconstruct or alter the premises so as to obviate known and obvious dangers. Dixon v. General Grocery Co., 293 S.W.2d 415, 418 (Mo.1956) (citations omitted). Thus, “[a possessor] is under no duty to protect an invitee who is in an equal position to protect himself [or herself]. Where the danger is obvious or known to the invitee he [or she] consents to the risk and the [possessor] owes no duty.” Sellens v. Christman, 418 S.W.2d 6, 8 (Mo.1967). The possessor’s liability is based upon its superior knowledge of the dangerous condition of the premises which results in injury. E.g., Ward v. Temple Stephens Co., 418 S.W.2d 935, 938 (Mo.1967), abrogated in part by Sheil v. T.G. & Y. Stores Co., 781 S.W.2d 778, 780-81 (Mo.1989) (banc) (<HOLDING>); White v. Kroger Co., 573 S.W.2d 375, 376 Options: A. holding that speculative theory of possible injury insufficient to establish injury in fact under article ills case or controversy requirement B. holding general allegations of injury satisfy requirements of article iii and a plaintiff need not allege each specific subsidiary fact that supports its general claim of injury C. holding that foreseeability of causing injury in texas though not determinative is important consideration in establishing minimum contacts D. holding that the time to disposition is more important than time to trial E. holding method of merchandising and nature of article causing injury more important than length of time dangerous article has been in area in which injury occurs

assistant: The best answer is E. holding method of merchandising and nature of article causing injury more important than length of time dangerous article has been in area in which injury occurs
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 execution, delivery and performance of this Agreement, and the Exchange Note and the consummation by the Company of the transactions contemplated hereby and thereby (including, without limitation, the issuance and reservation for issuance, as applicable, of the Conversion Shares will not, (i) result in a violation of the articles of incorporation of the Company, as amended (the “ Certificate of Incorporation ”) or the bylaws of the Company (the “ Bylaws ”) or (ii) result in a violation of any law, rule, regulation, order, judgment or decree (including United States federal and state securities laws and regulations and rules or regulations of any self-regulatory organizations to which either the Company or its securities are subject) applicable to the Company or by which any property or asset of the Company is bound or affected. The Company is not in violation of its Certificate of Incorporation, Bylaws or other organizational documents.

assistant: No Conflicts
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: Notwithstanding any other provision of this Agreement, Parent and Surviving Corporation and its Subsidiaries shall be entitled to deduct and withhold, or cause to be deducted and withheld, from any amounts payable or otherwise deliverable pursuant to this Agreement or in connection with the re-allocation of Shares under Non-Company Warrants such amounts as are required to be withheld with respect to the making of such payment under any provision of U.S. federal, state, local, or other Tax Law, and to request any necessary Tax forms, including Form W-9 or the appropriate series of Form W-8, as applicable, or any similar information for the purpose of determining whether such withholding is required. In such event, Parent shall notify the Representative of its intention to deduct or withhold and the Parties shall cooperate in good faith to minimize to the extent permissible under Applicable Law the amount of any such deduction or withholding, including by providing any certificates or forms that are reasonably requested to establish an exemption from (or reduction in) any deduction or withholding; provided that nothing in this sentence shall require Parent to incur any expense or take any tax position with which it in good faith disagrees. To the extent that amounts are so withheld, such withheld amounts shall be treated for all purposes of this Agreement as having been paid to the Person to whom such amounts would otherwise have been paid.

assistant: Withholdings
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: litigation conduct_” Id. at 916. Nevertheless, other courts have recognized that the procedural straight jacket imposed by the mandatory dismissal approach tends to advance form over substance and, in some cases, may produce unjust or prejudicial consequences. See, e.g., In re Benny, 842 F.2d at 1147 (overruling an objection based on lack of jurisdiction when the issue was not raised until 18 months after commencement of the involuntary chapter 7 case and more than one year after the voluntary conversion to a chapter 11 case); Bank of America, N.A. v. Weese, 277 B.R. at 242 (reversing an order of dismissal where dismissal of the joint involuntary petition would have jeopardized recovery of millions of dollars fraudulently transferred to an offshore trust); In re Gale, 177 B.R. at 536 (<HOLDING>). The same concerns noted in these cases are Options: A. holding that the beneficiary of a form 1130 visa petition did not have standing to challenge a denied petition B. holding that utility customers mailing of a petition did not constitute the filing of the petition as filing was not effectuated until the petition was received by the clerk C. holding that because the petitioner had already filed a rule 371 petition he was barred from submitting a subsequent petition under that rule and his petition was subject to dismissal on that basis regardless of the label he placed on it D. holding that the the reluctance to honor form over substance should be particularly acute when dealing with a bankruptcy petition as dismissal and the subsequent filing of a new petition could have a significant impact on the trustees ability to challenge prepetition property transactions E. holding that the right of the debtor to claim property as exempt is generally determined on the facts as they exist on the date of the filing of the petition

assistant: The best answer is D. holding that the the reluctance to honor form over substance should be particularly acute when dealing with a bankruptcy petition as dismissal and the subsequent filing of a new petition could have a significant impact on the trustees ability to challenge prepetition property transactions
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 door after Bushor had opened the store at 6 a.m. on the 30th of June. Meyer could have then walked to a phone booth, called, waited until 6:25 a.m., and then walked into the store to collect his personal belongings. This is entirely consistent with Meyer failing to mention the note, with Bushor and Pickett not seeing it, and with the note being dated June 30. It is true that a defendant need not present evidence to establish his innocence, but if he takes the stand, denies guilt and offers an improbable explanation for his actions, he does not thereby raise a reasonable doubt. (People v. Delp (1980), 85 Ill. App. 3d 463, 406 N.E.2d 903.) The jury could have reasonably disregarded the note and found defendant guilty. See People v. Stringer (1972), 52 Ill. 2d 564, 289 N.E.2d 631 (<HOLDING>). SENTENCE Meyer’s second allegation of error Options: A. holding that evidence was not so improbable as toraise a reasonable doubt and require reversal of defendants conviction B. holding that a potential conflict was present necessitating reversal of defendants conviction C. holding that the sixth amendment confrontation clause violation in that case was harmless beyond a reasonable doubt and therefore did not require the conviction to be overturned D. holding that failure of trial court to instruct jury that state must prove beyond reasonable doubt killing was not committed in heat of passion required reversal of murder conviction even though there was general charge that state was required to prove each element of offenses beyond reasonable doubt E. holding potential prejudice caused by equating reasonable doubt with a substantial doubt mitigated by providing an alternate definition of reasonable doubt as a doubt that would cause a reasonable person to hesitate to act

assistant: The best answer is A. holding that evidence was not so improbable as toraise a reasonable doubt and require reversal of defendants conviction