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: by our predecessor court that had, in turn, relied on earlier decisions, such as Application of Musgrave, 57 C.C.P.A. 1352, 431 F.2d 882, 893 (CCPA 1970), suggesting that a process of human thinking in and of itself could be patentable. 12 . Of course, process clai that the transformation of data ... by a machine through a series of mathematical calculations into a final share price, constitutes a practical application of a mathematical algorithm.” (emphases added)); Alappat, 33 F.3d at 1544 ("This is not a disembodied mathematical concept which may be characterized as an 'abstract idea,' but rather a specific machine to produce a useful, concrete, and tangible result." (emphases added)); Arrhythmia Research Tech., Inc. v. Corazonix Corp., 958 F.2d 1053, 1058-59 (Fed.Cir.1992) (<HOLDING>). 15 . In Musgrave, our predecessor court Options: A. holding patentable a method for analyzing electrocardiograph signals for the detection of a specific heart condition that used electronic equipment programmed to perform mathematical computation B. holding electronic home monitoring is not time spent in custody because there is a difference in restrictions between electronic home monitoring and jail C. holding trial court lacked authority to impose electronic monitoring condition and deleting the provision as a condition of applicants deferred adjudication probation D. holding that receiving advice or treatment during the exclusionary period for a condition which proves to be the same condition the claimant seeks benefits for qualifies as a preexisting condition regardless of whether there was an accurate diagnosis E. holding patentable a process for curing rubber that used a mathematical algorithm to determine when to open the molding press

assistant: The best answer is A. holding patentable a method for analyzing electrocardiograph signals for the detection of a specific heart condition that used electronic equipment programmed to perform mathematical computation
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: If Executive timely elects to convert his company life or disability insurance policies that exist at the Separation Date into individual policies, the Company will reimburse the Executive for payment of any premiums for such coverage by the Executive for the lesser of the first twelve (12) months of such coverage or such earlier date as he ceases to maintain such coverage.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: at the time the action arose. See State ex rel. Pittman v. Ladner, 512 So.2d 1271, 1275 (Miss.1987); Stone v. Independent Linen Serv. Co., 212 Miss. 580, 55 So.2d 165, 168 (1951); Stone v. McKay Plumbing Co., 200 Miss. 792, 26 So.2d 349, 350 (1946); Deposit Guaranty Bank & Trust Co. v. Williams, 193 Miss. 432, 9 So.2d 638, 639 (1942). There may be merit in the appellants’ contention that the new law creates a properly interest by lying the hospital’s power to hire and fire employees to promotion of the public interest and to promotion of hospital efficiency. Cf. Roth, 408 U.S. at 566, 92 S.Ct. at 2703 (noting that contract providing for continued employment “during efficiency and good behavior” creates a property interest); Russell v. Harrison, 736 F.2d 283, 287 (5th Cir.1984) (<HOLDING>); Sartin v. City of Columbus Utilities Options: A. holding that any constitutionally protected property interest employee had as a result of his employment contract has been satisfied by payment of full compensation including salary and benefits due under the contract B. holding that employee may claim contract created based on employer promise of severance pay to employee C. holding that any constitutionally protected property interest an employee has as a result of his employment contract is satisfied by payment of the full compensation due under the contract D. holding that contract providing the power to terminate employment for malfeasance inefficiency or contumacious conduct by the employee created a property interest E. holding that contract of employment providing that professor could be terminated only for cause constituted property right protected by fourteenth amendment

assistant: The best answer is D. holding that contract providing the power to terminate employment for malfeasance inefficiency or contumacious conduct by the employee created a property interest
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: circumstances, the “continuing wrong” doctrine may apply: In most federal causes of action, when a .defendant’s conduct is part of a continuing practice, an action is timely so long as the last act evidencing the continuing practice falls within the limitations period.... Brenner v. Local 514, United Bhd. of Carpenters and Joiners of Am., 927 F.2d 1283, 1295 (3d Cir.1991). The focus is on the defendant’s “affirmative[ ] aet[s].” Id. at 1296. The Township has not committed an affirmative act since 1985. The facts of the alleged taking stabilized almost ten years before Associates filed its lawsuit. Associates is unable to allege facts which might bring it under the “continuing wrong” doctrine. See United States v. Dickinson, 331 U.S. 745, 749, 67 S.Ct. 1382, 1385, 91 L.Ed. 1789 (1947) (<HOLDING>). 2. Associates’ Cause of Action was Not Options: A. holding that city may by ordinance require abutting landowner to repair sidewalk but that the abutting landowner is not liable in an action in tort for injuries B. holding that the twoyear time limitation of rule 3850 does not commence until the sentence becomes final C. holding that a landowner may postpone suit until the situation becomes stabilized D. holding that a court may not change the term of sentence by subsequent amendment after the sentence becomes final E. holding that a landowner owed no duty of care to a contractors employee in the situation posed by the parties

assistant: The best answer is C. holding that a landowner may postpone suit until the situation becomes stabilized
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 and the legal relations between the Parties shall be governed by and construed in accordance with the laws of the State of Texas, without regard to principles of conflicts of laws that would direct the application of the laws of another jurisdiction .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The covenants contained herein shall be binding upon and inure to the benefit of Mortgagor and Mortgagor's heirs, executors, administrators, and personal representatives and Mortgagee and its successors and assigns. Whenever used herein, unless the context otherwise requires, the singular number shall include the plural, and the use of any gender shall be applicable to all genders. The headings to the various paragraphs hereof have been inserted for convenient reference only and shall to no extent have the effect of amending or changing the express provisions of this Mortgage. This Mortgage shall be terminated and released when the Mortgagor’s obligations under the Note are satisfied, and Mortgagee shall execute any and all documentation requested by Mortgagor to accomplish such termination or release.

assistant: Miscellaneous
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: Strickland, 466 U.S. at 687-88, 104 S.Ct. 2052). Nonetheless, under Strickland, “counsel has a duty to make reasonable investigations or to make a reasonable decision that makes particular investigations unnecessary.” Strickland, 466 U.S. at 691, 104 S.Ct. 2052. A key prosecution witness’s prior criminal history and resultant parole status clearly constitute important impeachment evidence. It is beyond the range of professionally reasonable judgment to forego investigation of, and impeachment based upon, such evidence absent some apparent strategic reason that might explain or excuse counsel’s failure. “Thus, viewed objectively, [Grant’s] counsel unreasonably failed to introduce such impeachment evidence.” Ross v. Dist. Att’y of the Cnty. of Allegheny, 672 F.3d 198, 210 (3d Cir.2012) (<HOLDING>). Counsel’s failure to make reasonable efforts Options: A. holding that trial counsels failure to introduce evidence of prosecution witnesss crimen falsi conviction constituted deficient performance B. holding that the failure to recognize every possible legal argument did not render counsels performance constitutionally deficient C. recognizing that defendant must show 1 that counsels performance was deficient and 2 that counsels errors prejudiced the defense D. holding that failure to object to properly admitted evidence was not deficient performance by trial counsel E. holding that counsel could have reasonably determined that the trial court would not sustain a rule 403 objection therefore counsels failure to object to this evidence was not deficient performance

assistant: The best answer is A. holding that trial counsels failure to introduce evidence of prosecution witnesss crimen falsi conviction constituted deficient performance
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Grantee acknowledges and agrees that the Company has the right to deduct from payments of any kind otherwise due to the Grantee any federal, state, local or other taxes of any kind required by law to be withheld with respect to the grant or vesting of the Deferred Stock and/or payment of dividend equivalents thereon under Paragraph 5. The Grantee shall satisfy such tax withholding obligations on the Deferred Stock by transferring to the Company, on each date on which such tax liability shall arise, such number of shares of Stock or Deferred Stock as have a Fair Market Value equal to the amount of the Company’s tax withholding obligation in connection with such shares of Stock or Deferred Stock. Such delivery of Stock or Deferred Stock to the Company shall be deemed to happen automatically, without any action required on the part of the Grantee, and the Company is hereby authorized to take such actions as are necessary to effect such delivery. With respect to the dividend equivalents, the Grantee authorizes the Company to withhold from any cash payments thereof, the amount of all required tax withholdings.

assistant: Tax 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 legal provision and list the applicable contract clause categories. Provision: This Agreement, and any Action arising out of or relating to this Agreement or the transactions contemplated by this Agreement or by the Purchase Agreement, shall be governed by, and construed in accordance with, the Laws of the State of Delaware, without regard to choice or conflict of Law principles thereof; provided , that, notwithstanding the foregoing, any matters concerning or implicating the Company directors’ fiduciary duties shall be governed by and construed in accordance with the applicable fiduciary duty Laws of The Netherlands.

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: the company trademarks , service marks , and logos ( the `` company trademarks '' ) used and displayed on the service are the company 's registered and unregistered trademarks or service marks .

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: As to the subject matter of this Agreement, this Article VII supersedes any confidential disclosure agreements between the Parties, including the Confidentiality Agreement. Any confidential information of a Party under such agreement relating to the subject matter of this Agreement shall be treated as Confidential Information of such Party hereunder, subject to the terms of this Article VII.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: 3 . Prior to the 1991 amendments, there was conflict within this court concerning whether all settlement agreements were "stipulations” covered by Rule 4-504(8), and whether a settlement agreement must be in writing to be enforceable, thus meeting the procedural requirements of Rule 4-504(8). Compare Zions First Nat’l Bank v. Barbara Jensen Interiors, Inc., 781 P.2d 478, 480 n. 1 (Utah App.1989) (plurality decision) (affirming order to compel settlement and hold-big that settlement agreements need not be in writing to be enforceable) with Brown v. Brown, 744 P.2d 333, 335 (Utah App.1987) (finding stipulations must be in writing or submitted in open court to be enforceable, relying in part on predecessor to Rule 4-504(8)) and Bagshaw v. Bagshaw, 788 P.2d 1057, 1059 n. 1 (Utah App.1990) Options: A. holding that property settlement agreements may be specifically enforced B. recognizing disagreement that settlement agreements must meet procedural requirements of rule 45048 to be enforceable C. holding that an agreement to delay in effecting service must meet the requirements of texas rule of evidence 11 D. recognizing the confidentiality ordinarily afforded to settlement agreements E. recognizing exceptions in rule 408 as applying to settlement agreements and the occurrence of settlement talks

assistant: The best answer is B. recognizing disagreement that settlement agreements must meet procedural requirements of rule 45048 to be enforceable
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: further , skype may in its sole discretion remove such content and/or terminate these terms and your user account if you use any content that is in breach of these terms .

assistant: Content removal, Unilateral termination
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: Catchers did not receive a fixed rate of remuneration, but rather the Joint Venture determined compensation on a job-by-job basis depending upon the number ure did not exercise control over the manner in which the Catchers divided the work to be accomplished or performed the task of catching the chickens and loading them into cages and/or onto trucks. The Joint Venture was interested in the end result only — the catching and loading of live chickens. Finally, and of great significance, it appears from the record that the Catchers were free to decline or accept any chicken catching job that was made available by the Joint Venture without repercussions. See Danielle Viktor, Ltd. v. Dep’t of Labor and Indus., Bureau of Employer Tax Operations, 586 Pa. 196, 229, 892 A.2d 781, 801 (2006) (<HOLDING>). Moreover, we note that there is no evidence Options: A. holding that the transfer of all rights interests and control in property assigned was an effective assignment occurring at the time the assignment was perfected not later when proceeds paid B. holding that because drivers provided services to company on jobbyjob basis and each assignment was taken or rejected strictly at drivers prerogative drivers were independent contractors gjiven the fluidity of these arrangements C. holding that even if the individual who signed the mortgage assignment lacked the authority to do so the assignment would still be binding on mers because he purported to be authorized D. holding assignment of a mortgage was not subject to article 9 E. holding plaintiff did not have standing to challenge the validity of an assignment from mers to bac because she was not a party to the assignment and the assignment did not affect her underlying obligation to make timely payments

assistant: The best answer is B. holding that because drivers provided services to company on jobbyjob basis and each assignment was taken or rejected strictly at drivers prerogative drivers were independent contractors gjiven the fluidity of these arrangements
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: (i) PMC is a corporation duly organized, validly existing and in good standing under the laws of Delaware . POP is a limited partnership duly organized, validly existing and in good standing under the laws of Delaware. (ii) Each Seller (x ) has all requisite corporate or other power, and has all governmental licenses, authorizations, consents and approvals necessary to own its assets and carry on its business as now being or as proposed to be conducted; (y ) is qualified to do business and is in good standing in all other jurisdictions in which the nature of the business conducted by it makes such qualification necessary; and (z ) has full power and authority to execute, deliver and perform its obligations under the Facility Documents. (ii) Guarantor is a real estate investment trust duly organized, validly existing and in good standing under the laws of Maryland . Guarantor (x ) has all requisite corporate or other power, and has all governmental licenses, authorizations, consents and approvals necessary to own its assets and carry on its business as now being or as proposed to be conducted; (y ) is qualified to do business and is in good standing in all other jurisdictions in which the nature of the business conducted by it makes such qualification necessary; and (z ) has full power and authority to execute, deliver and perform its obligations under the Facility Documents.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The proceeds of the Loans will be used (a) (i) on the Closing Date, to refinance amounts outstanding under the Existing Credit Agreement and (ii) on the Amendment Effective Date, to refinance amounts outstanding under the 2015 Credit Agreement, (b) to provide for working capital and (c) for general corporate purposes (including, without limitation, for Permitted Business Acquisitions) and will not be used to finance the purchase of Accounts pursuant to the ARPA.

assistant: Use Of Proceeds
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: forth in 18 U.S.C. § 3553(a).” United States v. Tristan-Madrigal, 601 F.3d 629, 632-33 (6th Cir. 2010). “A sentence may be considered substantively unreasonable when the district court selects a sentence arbitrarily, bases the sentence on impermissible factors, fails to consider relevant sentencing factors, or gives an unreasonable amount of weight to any pertinent factor.” United States v. Conatser, 514 F.3d 508, 520 (6th Cir. 2008). We apply a rebuttable presumption of substantive reasonableness to Cosper’s within-guidelines sentence. United States v. Vonner, 516 F.3d 382, 389-90 (6th Cir. 2008) (en banc). Cosper acknowledges that the district court’s denial of a downward departure is generally not cognizable on appeal. See United States v. Heath, 525 F.3d 451, 459 (6th Cir. 2008) (<HOLDING>). Cosper instead contends that the district Options: A. holding that district court may not depart downward to preserve defendants ability to make restitution B. holding that a circuit court has no jurisdiction to review a district courts discretionary decision not to depart downward from the guidelines but would have jurisdiction if the district court based its decision on the belief that it did not have the authority to depart C. holding that this court does not review decisions of a district court not to depart downward unless the record reflects that the district court was not aware of or did not understand its discretion to make such a departure D. holding that this court laeks the authority to review a sentencing courts denial of a downward departure unless the court failed to understand its authority to do so E. holding that we will not review such a decision unless the record reflects that the district court was not aware of or did not understand its discretion

assistant: The best answer is C. holding that this court does not review decisions of a district court not to depart downward unless the record reflects that the district court was not aware of or did not understand its discretion to make such a departure
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 necessary to effect the intent of the Parties. The Parties shall use all reasonable efforts to replace such void or unenforceable provision of this Agreement with a valid and enforceable provision that shall achieve, to the greatest 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 legal provision and list the applicable contract clause categories. Provision: The execution and delivery of this Amendment by each Loan Party, and the performance of the Loan Agreement, as amended hereby, (i) have been duly authorized by all necessary action, (ii) do not and will not contravene (A) any of its Governing Documents, (B) any applicable material Requirement of Law or (C) any material Contractual Obligation binding on or otherwise affecting it or any of its properties, (iii) do not and will not result in or require the creation of any Lien (other than pursuant to any Loan Document) upon or with respect to any of its properties, and (iv) do not and will not result in any default, noncompliance, suspension, revocation, impairment, forfeiture or nonrenewal of any permit, license, authorization or approval applicable to its operations or any of its properties, except, in the case of this subclause (iv), to the extent where such contravention, default, noncompliance, suspension, revocation, impairment, forfeiture or nonrenewal could not reasonably be expected to have a Material Adverse Effect.

assistant: Authorizations
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 RSUs shall vest 100 % on ( Insert Vesting Date ); provided that the Grantee continues to be employed by the Company through the applicable vesting date. Except as otherwise provided below, if a Grantee terminates employment prior to the applicable vesting date, any unvested RSUs shall be forfeited and all rights of the Grantee to the unvested RSUs shall terminate.

assistant: Vesting
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 shall use the proceeds of the Credit Extensions for refinancing certain existing Indebtedness, working capital, acquisitions, investments, capital expenditures, Restricted Payments, and other lawful corporate purposes not in contravention of any Loan Document.

assistant: Use Of Proceeds
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: Employee agrees that he will not disparage Company, or any of Company’s parents, subsidiaries and/or affiliates, and their managers, supervisors, officers, directors, employees, shareholders, and agents, in any manner likely to be harmful to them or their business, business reputation or personal reputation. This agreement not to disparage includes, but is not limited to, publishing disparaging statements (whether anonymously or for ascription) on the web, in blogs, in chat rooms, in e-mails or in any other electronic means of transmitting information.

assistant: Non-Disparagement
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 set forth in the Company Disclosure Schedule, none of the officers or directors of the Company and, to the knowledge of the Company, none of the employees of the Company is presently a party to any transaction with the Company (other than for services as employees, officers and directors), including any contract, agreement or other arrangement providing for the furnishing of services to or by, providing for rental of real or personal property to or from, or otherwise requiring payments to or from any officer, director or such employee or, to the knowledge of the Company, any entity in which any officer, director, or any such employee has a substantial interest or is an officer, director, trustee or partner.

assistant: Transactions With Affiliates
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 insurable fee simple title to the real property comprising part of the Property and good title to the balance of the Property, free and clear of all Liens whatsoever except the Permitted Encumbrances, such other Liens as are permitted pursuant to the Loan Documents and the Liens created by the Loan Documents. The Permitted Encumbrances in the aggregate do not materially and adversely affect the value, operation or use of the Property (as currently used) or Borrower’s ability to repay the Loan. The Security Instrument and the Assignment of Leases, when properly recorded in the appropriate records, together with any UCC-1 financing statements required to be filed in connection therewith, will create (a) a valid, perfected first priority lien on the Property, subject only to Permitted Encumbrances and the Liens created by the Loan Documents, and (b) perfected security interests in and to, and perfected collateral assignments of, all personalty (including the Leases), all in accordance with the terms thereof, in each case subject only to any applicable Permitted Encumbrances, such other Liens as are permitted pursuant to the Loan Documents and the Liens created by the Loan Documents. There are no claims for payment for work, labor or materials affecting the Property which are or may become a Lien prior to, or of equal priority with, the Liens created by the Loan Documents.

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 legal provision and list the applicable contract clause categories. Provision: No broker, finder or financial advisor has acted for the Seller in connection with this Agreement or the transactions contemplated hereby, and no broker, finder or financial advisor is entitled to any broker’s, finder’s or financial advisor’s fee or other commission in respect thereof based in any way on any contract with Seller.

assistant: Brokers
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: Duly file on a timely basis all tax returns required to be filed by them, and duly and punctually pay all business, goods and services, income, capital and/or profits taxes and other governmental charges levied or assessed against the Loan Parties or their Property.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each Grantee shall be provided with an agreement specifying the terms of an Award. In addition, a certificate shall be issued to each Grantee in respect of Restricted Stock subject to an Award. Such certificate shall be registered in the name of the Grantee and shall bear an appropriate legend referring to the terms, conditions and restrictions applicable to such Award. The Company may require that the certificate evidencing such Restricted Stock be held by the Company until all restrictions on such Restricted Stock have lapsed. The Company may, in lieu of issuing such a certificate, arrange for the recording of Grantee’s ownership of the Restricted Stock on a book entry recordkeeping system maintained on behalf of the Company.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Utica was to aid potentially injured victims. Tr. at 61 (Rinaldo), 119 (Schulz), 15 (Biggs). Therefore, the correct analysis as to the legality of the warrantless entry into Defendant’s apartment should be based on caselaw applicable to whether exigent circumstances to aid an injured victim were present. A. The Officers’ Warrantless Entry The Fourth Amendment, as relevant, protects the right of the people to be secure in their houses and effects against unreasonable searches and seizures. Arizona v. Evans, 514 U.S. 1, 10, 115 S.Ct. 1185, 131 L.Ed.2d 34 (1995). Generally, a warrant is required before a search and seizure may be conducted, unless an exception to the Fourth Amendment’s warrant requirement exists. Arizona v. Hicks, 480 U.S. 321, 326, 107 S.Ct. 1149, 94 L.Ed.2d 347 (1987) (<HOLDING>). One well-established exception to the warrant Options: A. recognizing the searchincidenttoarrest exception to the warrant requirement B. holding that accident investigation by itself is not exigent circumstance C. recognizing exigent circumstance exception to warrant requirement D. recognizing hot pursuit exception as one example of exigent circumstances exception E. recognizing exception

assistant: The best answer is C. recognizing exigent circumstance exception to warrant requirement
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: did not expressly note the officers’ purpose in knocking on the defendant’s door, but it is fairly clear from our description of the facts that they intended to arrest him. Although the defendant was standing inside the doorway of his room, we held that the officers lawfully arrested him because he “ ‘voluntarily exposed himself to warrantless arrest’ by freely opening the door of his motel room to the police.” Id. at 1426 (quoting United States v. Johnson, 626 F.2d 753, 757 (9th Cir.1980)). Unlike the officers in Jardines and in this case, the officers in Vaneaton were standing in the common space of a motel when they knocked, rather than in the curtilage of a home. We therefore have no need to overrule Vaneaton. See Miller v. Gammie, 335 F.3d 889, 899-900 (9th Cir.2003) (en banc) (<HOLDING>). Whether Vaneaton remains good law after Options: A. holding that a three judge panel is free to reexamine the holding of a prior panel when the supreme court has undercut the theory or reasoning underlying the prior circuit precedent in such a way that the cases are clearly irreconcilable B. holding that a threejudge panel may depart from circuit precedent that has not been expressly overruled when an intervening en banc or supreme court decision has undercut the theory or reasoning underlying the prior circuit precedent in such a way that the cases are clearly irreconcilable C. holding that where the relevant court of last resort has undercut the theory or reasoning underlying the prior circuit precedent in such a way that the cases are clearly irreconcilable then a threejudge panel of this court and district courts should consider themselves bound by the intervening higher authority and reject the prior opinion of this court as having been effectively overruled D. holding that a three judge panel is not bound by prior circuit precedent if an intervening decision of a higher authority undercuts the theory or reasoning underlying the prior circuit precedent in such a way that the cases are clearly irreconcilable E. holding a threejudge panel may not reexamine normally controlling circuit precedent in the face of an intervening united states supreme court decision unless the reasoning or theory of our prior circuit authority is clearly irreconcilable with the reasoning or theory of intervening higher authority

assistant: The best answer is A. holding that a three judge panel is free to reexamine the holding of a prior panel when the supreme court has undercut the theory or reasoning underlying the prior circuit precedent in such a way that the cases are clearly irreconcilable
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 No. 4 represents the entire agreement and understanding concerning the subject matter hereof among the parties hereto, and supersedes all other prior agreements, understandings, negotiations and discussions, representations, warranties, commitments, proposals, offers and contracts concerning the subject matter hereof, whether oral or written.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: one thing for a private party to subject a principal to suit in a state’s courts. It is entirely another for the state or one of its municipalities to subject the principal— where the principal has not entered the state, but has instead merely entered into a contract formed entirely outside the state, under whose terms the principal’s performance also occurs entirely outside the state — to wholesale regulation. The former is permissible under the Due Process clause; the latter is impermissible under the Commerce Clause. Cf. Quill Corp., 504 U.S. at 305-313, 112 S.Ct. 1904 (discussing differing scope of and concerns animating the Due Process and Commerce Clauses). Even a de minimis regulation of extraterritorial commerce may violate the Commerce Clause. Cf. Abrams, 720 F.Supp. at 287-88 (<HOLDING>). But the regulatory requirements that New York Options: A. holding 13981 constitutional under the commerce clause B. holding that 16913a violates the commerce clause C. holding that the statute as applied violates the commerce clause D. holding that notice requirement for malfunctioning vehicles innocuous as it is violated the commerce clause E. holding rational basis as standard for commerce clause inquiries

assistant: The best answer is D. holding that notice requirement for malfunctioning vehicles innocuous as it is violated the commerce clause
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement represents the entire agreement and understanding between the Company and Executive concerning the subject matter of this Agreement and Executive’s employment with and separation from the Company and the events leading thereto and associated therewith, and supersedes and replaces any and all prior agreements and understandings concerning the subject matter of this Agreement and Executive’s relationship with the Company, with the exception of the Proprietary Rights Agreement, the Termination Agreement, the Indemnification Agreement, and Executive’s written equity compensation agreements with the Company.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: CR 26(c). In Dreiling, we noted that article I, section 10 “does not speak” to the disclosure of information surfacing during pretrial discovery that does not otherwise come before the court because it “does not become part of the court’s decision-making process.” 151 Wn.2d at 909-10. Thus, because there is not yet a public right of access with respect to these materials, “[m]ere discovery may be sealed Tor good cause shown.’ ” Id. at 909 (quoting CR 26(c)). ¶17 Trial proceedings and records attached to dispositive motions, on the other hand, are presumptively open absent an “ ‘overriding interest.’ ” Dreiling, 151 Wn.2d at 910 (quoting Rushford v. New Yorker Magazine, Inc., 846 F.2d 249, 252 (4th Cir. 1988)); Cohen v. Everett City Council, 85 Wn.2d 385, 388-89, 535 P.2d 801 (1975) (<HOLDING>). The open administration of justice is more Options: A. recognizing inherent power of courts of appeals B. holding that our constitution mandates an open public trial in a civil case absent any of the statutory exceptions or compelling rea sons calling for exercise of the courts inherent power to control its proceedings C. holding that district courts have inherent power to control their dockets as long as its exercise is not inconsistent with a rule or statute D. recognizing the inherent power of the courts to issue warrants E. recognizing use of ancillary jurisdiction in subsequent proceedings for the exercise of the courts inherent power to enforce its judgments

assistant: The best answer is B. holding that our constitution mandates an open public trial in a civil case absent any of the statutory exceptions or compelling rea sons calling for exercise of the courts inherent power to control its proceedings
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 contained in this Agreement is found by a court of competent jurisdiction to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby.

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: there is presently a justiciable controversy before the Court. C. Governing Law Under the New York rules that govern choice-of-law questions in diversity actions in this Court, see Klaxon Co. v. Stentor Elec. Mfg. Co., 313 U.S. 487, 498, 61 S.Ct. 1020, 85 L.Ed. 1477 (1941), a contractual choice-of-law provision is generally binding on a party claiming rights under a contract. See, e.g., Hartford Fire Ins. Co. v. Orient Overseas Containers Lines (UK) Ltd., 230 F.3d 549, 556 (2d Cir.2000). Both the Merger Agreement and the Escrow Agreement choose New York law. (See Merger Agreement § 14.08; Escrow Agreement § 7.1.) The Court will rely on New York contract law to resolve the issues raised in this case. D. Notice as a Condition Preceden ., 84 A.D.3d 464, 927 N.Y.S.2d 320 (1st Dep’t 2011) (<HOLDING>). “In determining whether a particular Options: A. holding under california law that a set of general terms and conditions that included an arbitration agreement and that were not provided to plaintiff but were available upon request were properly incorporated by reference into a purchase agreement B. holding that because the indemnification clause contained no clear statement that would give the contractors notice of the harsh burden that complete indemnification imposes indemnification was inappropriate C. holding that the court should review de novo the administrators decision that a property settlement agreement constituted a qdro because it involves interpretation of a settlement agreement and statutory construction not interpretation of the plan D. holding language in a stock purchase agreement making demand for indemnification contingent upon compliance with notice and consent to settlement provisions were express conditions susceptible to only one reasonable interpretation E. holding that trial court may consider circumstances surrounding making of agreement in determining whether agreement is ambiguous and noting that ambiguity exists when language of agreement in and of itself supports reasonable interpretation distinct from reasonable interpretation reached when language is read in light of surrounding circumstances

assistant: The best answer is D. holding language in a stock purchase agreement making demand for indemnification contingent upon compliance with notice and consent to settlement provisions were express conditions susceptible to only one reasonable interpretation
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 Lottery argues that Plaintiffs’ referring to the Lottery as “an agency of the State of New Mexico” in their complaint and issuing their summons and complaint on the State of New Mexico refute their own claims. We are not persuaded. {16} Section 57-12-10(C) states that “[t]he court shall award attorney fees and costs to the party charged with an unfair or deceptive trade practice ... if it finds that the party complaining of such trade practice brought an action that was groundless.” This Court interpreted Section 57-12-10(C) in G.E.W. Mechanical Contractors, Inc. v. Johnston Co., 115 N.M. 727, 733, 858 P.2d 103, 109 (Ct.App.1993), and stated to the lottery as a “state-operated lottery”); see also Bretton v. State Lottery Comm’n, 41 Mass.App.Ct. 736, 673 N.E.2d 76, 78 (1996) (<HOLDING>). Further, as demonstrated in our discussion Options: A. holding that the lottery commission as part of the commonwealth is not liable under the unfair practices act B. holding that a similar statutory provision in kentuckys whistleblowerprotection act was not surplusage because it ensured that the commonwealth will be liable if managers take actions later to be found a violation of the act but also to ensure that the commonwealth cannot avoid liability by arguing that a manager acted outside the scope of his or her employment C. holding that the government is liable under the ftca in the same respect as a private person under the law of the place where the act occurred D. holding that the commission is a commonwealth agency entitled to sovereign immunity E. holding that a cause of action exists under the connecticut unfair trade practices act for violations of the cuipa

assistant: The best answer is A. holding that the lottery commission as part of the commonwealth is not liable under the unfair practices act
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: little mitigating weight in tijis case. ¶ 47 Appellant further contends the trial court erred when it failed to regard the giving of a felony murder instruction at trial as a non-statutory mitigating circumstance. We disagree. This court has held that a felony murder instruction “may be mitigating where there is some doubt as to a defendant’s specific intent to' kill.” State v. Henry, 189 Ariz. 542, 552, 944 P.2d 57, 67 (1997). Appellant’s actions in savagely beating and strangling the victim to death, however, undermine any argument that he did not intend to kill the victim. Moreover, the jurors unanimously found Appellant guilty of first-degree premeditated murder as well as felony murder, indicating that they found" intent to kill. See Atwood, 171 Ariz. at 648-49, 832 P.2d at 665-66 (<HOLDING>). We therefore conclude that the giving of a Options: A. holding that when the evidence shows that the defendant is guilty of premeditated and felony murder a jury instruction on unanimity is irrelevant B. holding that reversal of conviction for felony murder was required where jury failed to find the defendant guilty of the underlying felony as essential element of the felony murder offense C. holding that where both firstdegree and felony murder were possible bases for a murder conviction a jury instruction that suggested the jury could rely on felony murder as the predicate offense for a conviction for conspiracy to commit murder was improper because under arizona law a conviction for conspiracy to commit firstdegree murder requires a specific intent to kill D. holding that the eighth amendment requires finding that a felony murder defendant killed or attempted to kill E. holding that the giving of a felony murder instruction is not a relevant mitigating circumstance when the defendant acted alone to kill the victim

assistant: The best answer is E. holding that the giving of a felony murder instruction is not a relevant mitigating circumstance when the defendant acted alone to kill the victim
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 Board shall have the power to accelerate the time at which an Award may first be exercised or the time during which an Award or any part thereof will vest in accordance with the Plan, notwithstanding the provisions in the Award stating the time at which it may first be exercised or the time during which it will vest.

assistant: Vesting