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

user: Read the legal provision and list the applicable contract clause categories. Provision: No part of the proceeds of any Loan, will be used, directly or, to the Borrower’s knowledge, indirectly, (i) in furtherance of an offer, payment, promise to pay or authorization of the payment or giving of money, or anything else of value, to any governmental official or employee, political party, official of a political party, candidate for political office, or anyone else acting in an official capacity, in order to obtain, retain or direct business or obtain any improper advantage, in violation of Anti-Corruption Laws, (ii) to fund any activities or business of or with any Person, that, at the time of such funding, is the subject of Sanctions or in any country that, at the time of such funding, is a Sanctioned Country, or (iii) in any other manner that would result in a violation of Sanctions by any Person (including any Person participating in the Loans, whether as lender, underwriter, advisor, investor, or otherwise).

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: falls within the purview of a personal injury tort claim under the expansive view, yet retaining bankruptcy jurisdiction over the claim if it has “earmarks of a financial, business or property tort claim, or a contract claim.” Ice Cream Liquidation, 281 B.R. at 161; Adelson v. Smith (In re Smith), 389 B.R. 902, 908 (Bankr.D.Nev. 2008). The middle ground encompasses torts involving bodily and reputational harm, without including those personal injury torts designated by statute only. Smith, 389 B.R. at 908. The Smith court found this approach the most appealing because “it is closely aligned with what are traditionally thought of as the ‘common law torts;’ and der claim is a personal injury tort claim). But see Mitan v. Davis (In re Davis), 334 B.R. 874, 878 n. 2 (Bankr.W.D.Ky.2005) (<HOLDING>). These defamation claims lack any financial, Options: A. holding that a libel claim is not a personal injury tort claim B. holding that a claim for violation of the fair debt collection practices act is not a personal injury tort claim C. holding that an embezzlement claim is not a personal injury tort claim D. holding that a negligence claim is not a personal injury tort claim E. holding that a defamation claim is a personal injury tort claim

assistant: The best answer is A. holding that a libel claim is not a personal injury tort claim
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Joinder is governed by and construed and enforced in accordance with the laws of the State of New York, without giving effect to any conflicts of law principles that would result in the application of the laws of any law other than the law of the State of New York.

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: Upon the 30 th day following the Executive’s receipt of notice of the Company’s termination due to Disability (as defined in this Section); provided that , the Executive has not returned to full-time performance of her duties within thirty (30) days after receipt of such notice. If the Company determines in good faith that the Executive’s Disability has occurred during the term of this Agreement, it will give the Executive written notice of its intention to terminate her employment. For purposes of this Agreement, “ Disability ” shall occur when the Board determines that the Executive has become physically or mentally incapable of performing the essential functions of her job duties under this Agreement with or without reasonable accommodation, for ninety (90) consecutive days or one hundred twenty (120) nonconsecutive days in any twelve (12) month period. For purposes of this Section, at the Company’s request, the Executive agrees to make himself available and to cooperate in a reasonable examination by an independent qualified physician selected by the Board.

assistant: Disability
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: not purchase the homes as businesses. The defendants have the better argument. The thrust of the complaint is that the plaintiffs’ investment in rental properties in Detroit resulted in a loss to them, either because the defendants misrepresented the condition of the properties and the likely rate of return or they breached their contracts. Under Michigan law, “if an item is purchased primarily for business or commercial rather than personal purposes, the MCPA does not supply protection.” Zine v. Chrysler Corp., 236 Mich.App. 261, 273, 600 N.W.2d 384, 393 (1999); see also MacDonald v. Thomas M. Cooley Law Sch., 880 F.Supp.2d 785, 792 (W.D.Mich.2012). Moreover, the MCPA does not apply to investors. Quartell v. Great Lakes Bancorp, 183368, 1996 WL 33347624 (Mich.Ct.App. Dec. 17, 1996) (<HOLDING>). The plaintiffs have failed to state a valid Options: A. holding that 10113aa does not alter the requirement that the property in question be real property in order for the antimodification provision to apply B. holding utpa does not apply to real property sales C. holding that 1447c does not apply to counsel D. holding that the mcpa does not apply to property purchased for investment purposes E. holding that title ii does not apply to the states

assistant: The best answer is D. holding that the mcpa does not apply to property purchased for investment purposes
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall terminate upon the payment of all amounts due to be paid to the Adviser under Section 3. The Adviser may terminate this Agreement, with or without cause, upon written notice. The Company shall not be entitled to recoup any monies paid to the Adviser as set forth in Section 3 below should Adviser terminate the Agreement from and after the completion of a Transaction.

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: (a) Wherever pursuant to this Agreement (i) Lender exercises any right given to it to approve or disapprove, (ii) any arrangement or term is to be satisfactory to Lender, or (iii) any other decision or determination is to be made by Lender, the decision of Lender to approve or disapprove, all decisions that arrangements or terms are satisfactory or not satisfactory and all other decisions and determinations made by Lender, shall be in the sole and absolute discretion of Lender, except as may be otherwise expressly and specifically provided herein.

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 legal provision and list the applicable contract clause categories. Provision: The term of the Employee’s employment with the Company under this Agreement will commence on the Start Date and continue until the third (3 rd ) anniversary thereof, unless the Employee’s employment is earlier terminated by the Employee or the Company, in either case with or without “Cause” (as such term is defined in Section 9(c)) or reason (the term of the Employee’s employment, the “ Term ”). After the expiration of the initial Term, the Term shall automatically renew for additional one (1) year periods on each anniversary of the Start Date, unless either party to this Agreement gives written notice of non-renewal to the other party at least sixty (60) days prior to the applicable anniversary of the Start Date. The Employee acknowledges that the Employee’s employment hereunder is terminable at will, subject to the terms and conditions herein.

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: The closing of the transactions contemplated by this Agreement (the “ Closing ”) shall take place at the offices of Corporation, 6135 NW 167 th Street, E-15, Miami Lakes, Florida 33015, or by mutual exchange of facsimile or portable document format (.pdf) signatures, commencing at 10:00 a.m. EST on the Effective Date (the “ Closing Date ”).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company shall (i) indemnify, hold harmless and defend the Key Employee to the extent permitted under applicable law from and against reasonable costs, including reasonable attorney’s fees, incurred by the Key Employee in connection with or arising out of any acts or decisions made by the Key Employee in the course and scope of the Key Employee’s employment hereunder and (ii) pay all reasonable expenses and reasonable attorney’s fees actually incurred by the Key Employee in connection with or relating to the defense of any claim, action, suit or proceeding by any third party against the Key Employee arising out of or relating to any acts or decisions made by the Key Employee in the course and scope of the Key Employee’s employment hereunder; provided, however, that such indemnification shall not apply with respect to the commission of a criminal act or any gross misconduct by the Key Employee. This Section 2.5 shall survive the termination or expiration of this Agreement.

assistant: Indemnifications
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 connection with this Agreement and all transactions contemplated by this Agreement, each signatory party hereto agrees to execute and deliver such additional documents and instruments and to perform such additional acts as may be necessary or appropriate to effectuate, carry out and perform all of the terms, provisions and conditions of this Agreement and all such transactions.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: None of Holdings, the Borrower or any of its Subsidiaries or any of their respective directors or officers is subject to any economic embargoes or similar sanctions administered or enforced by the U.S. Department of State or the U.S. Department of Treasury (including the Office of Foreign Assets Control) or any other applicable sanctions authority (collectively, “ Sanctions ”, and the associated laws, rules, regulations and orders, collectively, “ Sanctions Laws ”). Each of Holdings, the Borrower and its Subsidiaries and their respective officers and directors is in compliance, in all material respects, with (i) all Sanctions Laws, (ii) the United States Foreign Corrupt Practices Act of 1977, as amended, and any other applicable anti-bribery or anti-corruption laws, rules, regulations and orders (collectively, “ Anti-Corruption Laws ”) and (iii) the Patriot Act and any other applicable anti-terrorism and anti-money laundering laws, rules, regulations and orders. No part of the proceeds of the Loans or Letters of Credit will be used, directly or indirectly, (A) for the purpose of financing any activities or business of or with any Person or in any country or territory that at such time is the subject of any Sanctions or (B) for any payments to any governmental official or employee, political party, official of a political party, candidate for political office, or anyone else acting in an official capacity, in order to obtain, retain or direct business or obtain any improper advantage, in violation in any material respect of any Anti-Corruption Law.

assistant: Anti-Corruption 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: however , by submitting user material you hereby grant headspace an irrevocable , perpetual , non-exclusive , royalty free , worldwide license to use , telecast , copy , perform , display , edit , distribute and otherwise exploit the user material you post on the products , or any portion thereof , and any ideas , concepts , or know how contained therein , with or without attribution , and without the requirement of any permission from or payment to you or to any other person or entity , in any manner ( including , without limitation , for commercial , publicity , trade , promotional , or advertising purposes ) and in any and all media now known or hereafter devised , and to prepare derivative works of , or incorporate into other works , such user material , and to grant and authorize sublicenses of the foregoing without any payment of money or any other form of consideration to you or to any third party .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the only major issue was the identity of the robbers.” Id. 21 .Similarly, if the defense indicates that it will present evidence during its case to impeach the testimony of a State witness (as in Milligan and Cobh), there is no concern that the State will not have the "predicate issue” to justify offering further evidence to refute the defense evidence during the State’s rebuttal case. 22 . The legislature has established entrapment as an affirmative defense with the concomitant burden of proof on the defendant rather than as an element of an offense to be negated in the State’s prima facie case. See 11 Del. C. § 432(a). 23 . Arguments by counsel during opening statements and summation are not evidence and thus cannot be said to raise an affirmative defense. Cf. Milligan 761 A.2d at 8 (<HOLDING>). 24 . Cf. United States v. Bailey, D.C.Cir., Options: A. holding that the district court did not abuse its discretion in denying motion for new trial based on newly discovered evidence where the evidence would serve only to impeach testimony B. holding that evidence of a later sexual encounter that triggered the delayed report was admissible only after milligan had in fact introduced evidence of late reporting to impeach the victims testimony C. holding that remedial measures evidence was not admissible to impeach testimony that at the time of the event the measure was not believed to be as practical as the one employed D. recognizing that if the government introduced evidence tending to show that the victims did not expect to engage in prostitution it will have put those victims sexual histories at issue and under those circumstances it is possible that evidence rebutting the governments allegations might be admissible under the constitutional exception E. holding that evidence of prior uncharged sexual conduct with the victim is admissible to corroborate the victims testimony

assistant: The best answer is B. holding that evidence of a later sexual encounter that triggered the delayed report was admissible only after milligan had in fact introduced evidence of late reporting to impeach the victims testimony
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: If any provision of this Amendment is held invalid or unenforceable by any court of competent jurisdiction, the other provisions of the Forbearance Agreement, as amended, will remain in full force and effect, and any provision of this Amendment held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable, in each case, so long as the economic or legal substance of the transactions contemplated hereby is not affected in any manner materially adverse to any party hereto. Upon any such determination of invalidity, the parties hereto shall negotiate in good faith to modify this Amendment so as to effect the original intent of the parties as closely as possible in an acceptable manner in order that the transactions contemplated hereby are consummated as originally contemplated to the greatest extent possible.

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: standards. Yet USSF cites no FIFA or USSF rule that provides “eligibility standards” that are different from the above definitions, except to say that FIFA and USSF allow professionals to participate in the Olympics. 3. USSF’s Authority Under FIFA Rules But USSF has still another argument. USSF claims that FIFA requires all games played in the U.S. by foreign teams to be approved by USSF. USSF argues, therefore, that it is legally obligated to exercise authority over professional soccer matches or risk discipline or expulsion from FIFA, which could result in the exclusion of U.S. teams from the Olympics and other international events. For this reason, USSF claims implied immunity from the antitrust laws regarding its oversight of professional soccer. See, Behagen, 884 F.2d at 529-30 (<HOLDING>). In support of its argument, USSF cites the Options: A. holding that an activity which is exempt from the antitrust laws cannot form the basis of an antitrust investigation B. holding ngbs seemingly anticompetitive conduct regarding amateur basketball exempt from antitrust laws because it was necessary to implement clear intent of congress C. holding that an antitrust injury is a necessary element of a 2 claim D. holding that it is clear that the entire business of baseball is exempt from antitrust claims E. holding that an agreement in violation of antitrust laws may be enforceable where the parties underlying conduct is legal

assistant: The best answer is B. holding ngbs seemingly anticompetitive conduct regarding amateur basketball exempt from antitrust laws because it was necessary to implement clear intent of congress
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: price increase. 17 Although the Court of Appeals concluded that the regulation directly advanced the State’s interest, it did not dispute the District Court’s conclusion that the evidence suggested that, at most, a price advertising ban would have a marginal impact on overall alcohol consumption. Id., at 7-8; cf. Michigan Beer & Wine Wholesalers Assn. v. Attorney General, 142 Mich. App., at 311, 370 N. W. 2d, at 336 (explaining that “any additional impact on the level of consumption attributable to the absence of price advertisements would be negligible”). 18 Outside the First Amendment context, we have refused to uphold alcohol advertising bans premised on similarly speculative assertions about their impact on consumption. See Capital Cities Cable, Inc. v. Crisp, 467 U. S., at 715-716 (<HOLDING>); California Retail Liquor Dealers Assn. v. Options: A. holding that the plaintiffs state law claims are preempted by federal law B. holding that defendants communications sent into tennessee did not constitute purposeful availment because all were in response to communications initiated by the plaintiff C. holding that easements using terms telephone telegraph and communications could properly be utilized for both internal communications and for thirdparty voice and data communications D. recognizing state laws can be preempted by federal regulations as well as by federal legislation E. holding ban preempted by federal communications commission regulations

assistant: The best answer is E. holding ban preempted by federal communications commission regulations
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 GUARANTEE AGREEMENT SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK, WITHOUT REGARD TO CONFLICTS OF LAW PRINCIPLES THAT WOULD REQUIRE 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: On the Closing Date, upon the terms and subject to the conditions set forth herein, substantially concurrent with the execution and delivery of this Agreement by the parties hereto, the Company agrees to sell, and each Purchaser, severally and not jointly, agrees to purchase that number of Shares and Warrants specified below such Purchaser’s name on the signature pages of this Agreement. On the Closing Date, each Purchaser shall deliver to the Company via wire transfer, immediately available funds equal to its Subscription Amount as set forth on the signature page hereto executed by each Purchaser and the Company shall deliver to each Purchaser such number of Shares and Warrants as determined pursuant to Section 2.2(a), and the Company and each Purchaser shall deliver the other items set forth in Section 2.2 deliverable at the Closing. Upon satisfaction of the covenants and conditions set forth in Sections 2.2 and 2.3, the Closing shall occur at the offices of Company Counsel or such other location as the parties shall mutually agree.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Grantor will, if so requested by the Lender, furnish to the Lender, as often as the Lender reasonably requests, statements and schedules further identifying and describing the Collateral and such other reports and information in connection with the Collateral as the Lender may reasonably request, all in such detail as the Lender may specify. The Grantor also agrees to take any and all actions necessary to defend title to the Collateral against all persons and to defend the security interest of the Lender in the Collateral and the priority thereof against any Lien not expressly permitted hereunder.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the prison law library did not have the AEDPA materials available until 1998. At the time the district court denied Queen’s federal petition, the court did not have the benefit of our decision in Laws. Id. at 923-24 (reversing and remanding for further development of the record where petitioner alleged that his delay in filing a timely federal habeas petition was caused by his diminished mental capacity). Accordingly, we vacate the district court’s determination that Queen is not entitled to equitable tolling based on both his mental health and his allegation of a lack of materials at the prison library, and remand so the district court may make a determination after further development of the record. See Whalem/Hunt v. Early, 233 F.3d 1146, 1148 (9th Cir.2000) (en banc) (per curiam) (<HOLDING>). VACATED AND REMANDED. ** This disposition is Options: A. recognizing that determinations of whether there are grounds for equitable tolling are highly fact dependent B. holding that credibility determinations are for the jury C. holding that the 120day filing period is subject to equitable tolling and addressing circumstances warranting equitable tolling D. holding that when regulations are intended to have different purposes and are not dependent on each other they are not intertwined E. holding that the determination of equitable tolling is highly fact dependent and may involve the confluence of numerous factors beyond the prisoners control

assistant: The best answer is A. recognizing that determinations of whether there are grounds for equitable tolling are highly fact dependent
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 the Aggregate Credit Facility Amount is increased in accordance with this Section, the Administrative Agent and the Borrower shall determine the effective date (the “ Increase Effective Date ”) and the final allocation of such increase. The Administrative Agent shall promptly notify the Borrower and the Lenders of the final amount and allocation of such increase and the Increase Effective Date.

assistant: Effective Dates
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: objection, or motion, either expressly or implicitly; or (B) refused to rule on the request, objection, or motion, and the complaining party objected to the refusal. Tex.R.App. P. 33.1(a). In hen the docket sheet was relied on by the movant for other purposes. See Frommer v. Frommer, 981 S.W.2d 811, 813 n. 3 (Tex.App.—Houston [1st Dist.] 1998, no pet.) (refusing to examine a docket entry to support the movant’s point of error where movant failed to request findings of fact and conclusions of law); Roever v. Roever, 824 S.W.2d 674, 676 (Tex.App.—Dallas 1992, no writ) (refusing to examine docket entry when movant claimed that docket entry supported his claim that community property estate was of no or nominal value because neither party alleged clerical error); Energo, 722 S.W.2d at 151 (<HOLDING>). Finally, in Elite Towing, Inc. v. LSI Fin. Options: A. holding that docket sheet which stated that plaintiff did not submit any evidence to contest elements of defendants motion for summary judgment when in fact plaintiff had timely filed two affidavits to contest motion could not be used to impeach judgment entered by trial court that stated that court had reviewed competent summary judgment evidence on file B. holding that appellants could have amended as of right after they received the motion to dismiss and prior to the trial courts decision C. holding that a docket entry in the orphans court need not summarize the contents of the order but need only show that an order was filed D. holding that docket entry could not be used to show that appellants untimely amended answer was filed with permission of the trial court in order to defeat summary judgment E. holding that the rendition of a judgment is the act of the court in pronouncing the judgment accompanied by a notation on the trial docket and any later document setting out in greater detail the judgment merely confirms the docket entry

assistant: The best answer is D. holding that docket entry could not be used to show that appellants untimely amended answer was filed with permission of the trial court in order to defeat summary judgment
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: Holdings will deliver to Lender within five (5) days of delivery or filing thereof, copies of all reports and other filings made by Borrowers with any stock exchange on which any securities of any Borrower are traded and/or the SEC, unless such reports or other filings are otherwise available on the public website of the SEC (www.SEC.gov). Each Borrower will, within thirty (30) days after the last day of each Fiscal Quarter, deliver to Lender a duly completed Compliance Certificate signed by a Responsible Officer setting forth calculations showing compliance with the financial covenants set forth in this Agreement. Promptly upon their becoming available, Borrowers shall deliver to Lender redacted copies of all Material Contracts that Borrowers expect to file on the public website of the SEC.

assistant: Financial Statements
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 party hereto shall jointly and severally indemnify and hold harmless the other party and such other party's agents, beneficiaries, affiliates, representatives and their respective successors and assigns (collectively, the "Indemnified Persons") from and against any and all damages, losses, liabilities, taxes and costs and expenses (including, without limitation, attorneys' fees and costs) (collectively, "Losses") resulting directly or indirectly from (a) any inaccuracy, misrepresentation, breach of warranty or non­fulfillment of any of the representations and warranties of such party in this Agreement, or any actions, omissions or statements of fact inconsistent with in any material respect any such representation or warranty, (b) any failure by such party to perform or comply with any agreement, covenant or obligation in this Agreement.

assistant: Indemnifications
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 Assignment may be executed by the parties in counterparts, in which event the signature pages thereof shall be combined in order to constitute a single original document. Signatures to this Assignment transmitted by facsimile or email shall be binding on the party transmitting such signatures and such party shall not use as a defense against the enforceability of this Assignment the fact that such signature so transmitted is not an original.

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: a year prior to the case being called for trial. No evidence was presented that Wilson’s counsel suffered harm by the court’s refusal to grant the continuance. In light of the action taken by the trial court and the lack of prejudice shown by Wilson, we cannot conclude that the trial court abused its discretion in denying Wilson’s motion for continuance. We therefore overrule Wilson’s fifth point of error. Admissibility of Wilson’s Statements Evidence supporting Wilson’s conviction included his inconsistent statements, both oral and written, made while he was at the police station. Wilson claims the trial court erred in denying his motion to suppress these statements because they were obtained in violation of Jackson v. Denno. 378 U.S. 368, 376, 84 S.Ct. 1774, 12 L.Ed.2d 908 (1964) (<HOLDING>). The trial court’s ruling on a motion to Options: A. holding that question of whether a confession was coerced was not to be resolved by considering the truth or falsity of the confession B. holding that trial judges determination of the admissibility of a confession is based on whether the confession was voluntarily given C. holding that under elstad the first question that must be answered when determining whether a subsequent confession is tainted by an earlier confession is whether the initial confession was obtained in violation of the defendants fifth amendment rights ie whether it was involuntary or whether the confession was voluntary but obtained in technical violation of miranda D. holding that admissibility of a confession is governed by determining from the totality of the circumstances whether or not it was made voluntarily E. holding the determination of the voluntariness of a confession is a determination uninfluenced by the truth or falsity of the confession

assistant: The best answer is B. holding that trial judges determination of the admissibility of a confession is based on whether the confession was voluntarily given
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: for subscribers residing in the eu or european economic area , in accordance with local law , you are entitled to a full refund during the 14 days after the subscription begins .

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: Except as disclosed to Lender in the Litigation Summary attached hereto as Exhibit C approved by Lender, there shall be no bankruptcy, foreclosure action or other material litigation or judgments pending or outstanding against Borrower, the Guarantor or any Affiliates (each a " Material Party "), or the Timeshare Project . Material litigation shall not include matters in which (a) a Material Party is plaintiff and no counterclaim is pending or (b) Lender determines in its sole discretion that such litigation is immaterial due to settlement, insurance coverage, frivolity or amount of claim.

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

user: Read the following U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 395 U.S. 208 89 S.Ct. 1767 23 L.Ed.2d 212 Enrique PEREZv.CALIFORNIA. No. 39. Supreme Court of the United States May 26, 1969 Peter G. Fetros, Sacramento, Cal., for petitioner. Edsel W. Haws, Sacramento, Cal., for respondent. On Writ of Certiorari to the Supreme Court of California. PER CURIAM. 1 The writ is dismissed as improvidently granted. 2 Mr. Justice DOUGLAS dissents from the dismissal of the writ.

assistant: 9
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 for the representations and warranties contained in this Section 2, neither the Seller Parties nor any other Person on behalf of any Seller Parties makes any other express or implied representation or warranty with respect to Seller, the Seller Subsidiaries or the Business or with respect to any other information provided to Purchaser, and Seller Parties disclaim any other representations or warranties, whether made by the Seller Parties, the Seller Subsidiaries or any of their respective Affiliates, or any of the Seller’s officers, directors, employees, agents or representatives.

assistant: Warranties
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: (Fla.1997), the supreme court recognized that the list in Poore “merely sum-marizefed] the complex statutory sentencing options available at that time” and held that a true split sentence could, as in this case, suspend the entire period of incarceration. Florida courts have also recognized that it is possible to structure a true split sentence with a longer supervision period than suspended incarceration term. Chupka v. State, 775 So.2d 315 (Fla. 2d DCA 2000). “The class of true split sentences has now been expanded to include sentences in which the entire in-carcerative term is suspended, and sentences in which the probationary term is longer than the suspended jail term.” Evans v. State, 730 So.2d 768 (Fla. 1st DCA 1999). See also Liles v. State, 837 So.2d 1151 (Fla. 1st DCA 2003) (<HOLDING>). Essentially, these cases recognize that Options: A. holding that a sentence structured with three years incarceration suspended and eight years of sex offender probation was a true split sentence B. holding that the trial court lacked subject matter jurisdiction to modify the sentence originally imposed by imposing an additional term of fifteen years suspended sentence C. holding sentence of thirtyfive years in prison with ten years probation for seconddegree murder is within the statutory maximum under 1997 statutes D. holding that probation is not a sentence E. holding that a defendant who received a suspended sentence of 157 days in jail was convicted of an offense punishable by more than oneyear of incarceration because california law provided for a sentence of up to three years imprisonment

assistant: The best answer is A. holding that a sentence structured with three years incarceration suspended and eight years of sex offender probation was a true split 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 legal provision and list the applicable contract clause categories. Provision: Each party’s obligations under this Section 3.5 shall survive the resignation or replacement of the Agent or any assignment of rights by, or the replacement of, a Lender, the termination of the Commitments and the repayment, satisfaction or discharge of all obligations under this Agreement.

assistant: Survival
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: forward an alternative theory that the rules stem from unlawful "hub-and-spoke” conspiracies. See Stoumbos Prop. Compl. ¶ 53. Because we conclude that the proposed amended complaints allege a horizontal conspiracy, we do not reach the question of whether Plaintiffs’ alternative theories are tenable. 4 . As futility was the sole ground articulated by the District Court for denying the Plaintiffs’ motions to amend the judgment and to file amended complaints, we see no reason that the motions should not be granted on remand. See Foman, 371 U.S. at 181-82, 83 S.Ct. 227 (explaining that if "the underlying facts or circumstances relied upon by a plaintiff may be a proper subject of relief, he ought to be afforded an opportunity to test his claim on the merits”); Ciralsky, 355 F.3d at 672-73 (<HOLDING>). But we leave this discretionary decision to Options: A. recognizing that it may be appropriate to convert a judgment that dismisses a case into an order dismissing a complaint for statute of limitations purpose B. holding that an order dismissing a claim without prejudice is a final appealable order if the statute of limitations for that claim has expired C. holding that an order dismissing a complaint without prejudice is a final appealable order only if no amendment to the complaint could cure the defects in the case internal quotation marks omitted D. recognizing that statute of limitations questions may be resolved on a motion to dismiss E. holding that when the trial court signed an order dismissing the plaintiffs complaint but refused to enter a final judgment on that order the order refusing to enter judgment was appealable under former ors 190102a

assistant: The best answer is A. recognizing that it may be appropriate to convert a judgment that dismisses a case into an order dismissing a complaint for statute of limitations purpose
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 erred when it found that his action was barred by Heck v. Humphrey, 512 U.S. 477, 114 S.Ct. 2364, 129 L.Ed.2d 383 (1994). Heck precludes a prisoner’s § 1983 claim that, if successful, would invalidate a conviction or sentence “where that conviction [or sentence] has not been reversed, expunged or called into question by issuance of a writ of habeas corpus.” Smithart v. Towery, 79 F.3d 951, 952 (9th Cir.1996) (citing Heck, 512 U.S. at 486-87, 114 S.Ct. at 2371-72). We previously held that Heck does not bar a prisoner’s § 1983 claim that purports to challenge an allegedly unconstitutional prison hearing solely on the ground that the hearing was procedurally defective. See Gotcher v. Wood, 66 F.3d 1097, 1099 (9th Cir.1995), vacated, — U.S. -, 117 S.Ct. 1840, 137 L.Ed.2d 1045 (1997) (<HOLDING>). That rule was expressly disapproved by the Options: A. holding that depriving inmates of statecreated right to goodtime credits in prison disciplinary proceedings requires due process B. holding that a prisoner cannot be deprived of a protected liberty interest in goodtime credits without procedural due process C. holding that habeas was the sole vehicle for an inmates constitutional challenge to procedures employed by state officials to deprive him of goodtime credits D. holding that inmates serving life terms were not entitled to goodtime credits because state statute expressly foreclosed the granting of goodtime credits to such inmates E. holding that a prisoner who challenged prison procedures used to deny him goodtime credits and not actual denial of those credits stated a cognizable claim under 1983

assistant: The best answer is E. holding that a prisoner who challenged prison procedures used to deny him goodtime credits and not actual denial of those credits stated a cognizable claim under 1983
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: if you claim that you have incurred any losses or damages in connection with your use of the service , then the losses and damages will not be irreparable or sufficient to entitle you to an injunction or other equitable relief of any kind .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: statutory language and the legislative history, that the seven years of domicile need not occur after attainment of permanent residency status. See Lok v. INS, 548 F.2d 37, 39 — 41 (2d Cir.1977). Recently, the Seventh Circuit has agreed with the Second Circuit’s approach. See Castellon-Contreras v. INS, 45 F.3d 149, 152-54 (7th Cir.1995). Just this year, the Fifth Circuit ruled in accord with the Second and Seventh Circuits on this issue. See White v. INS, 75 F.3d 213 (5th Cir.1996). The Ninth Circuit has wavered. In Castillo-Felix v. INS, 601 F.2d 459 (9th Cir.1979), it deferred to the BIA’s interpretation, but it has since modified this position somewhat, creating an exception for children of aliens in a ease analogous to this one, see Lepe-Guitron v. INS, 16 F.3d 1021 (9th Cir.1994) (<HOLDING>). Most recently, that court held that aliens Options: A. holding that a lawful permanent resident alien is entitled to seek relief under ina 212c B. holding that where a temporary order is later made permanent the permanent order may be challenged C. holding that aliens who as minor children lived with permanent resident parents before independently attaining permanent resident status may count that period toward section 212cs sevenyear domicile requirement D. holding that an alien who procured permanent resident status byconcealing his ineligibility had not been lawfully admitted for permanent residence E. holding that adjustment of status was permitted even if deportable alien had entered the country as a lawful permanent resident

assistant: The best answer is C. holding that aliens who as minor children lived with permanent resident parents before independently attaining permanent resident status may count that period toward section 212cs sevenyear domicile 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: credited OPM’s representations that it intended to issue a decision on Mr. Malone’s request for reconsideration, and noted that Mr. Malone had not inquired about the status of his reconsideration request before filing an appeal. This court has previously found that a sixteen-month delay did not amount to a constructive denial of a final decision. See McNeese v. Office of Pers. Mgmt., 61 M.S.P.R. 70, 74 (1994), aff'd, 40 F.3d 1250 (Fed.Cir.1994). No other circumstances indicate that OPM does not intend to issue a final decision in Mr. Malone’s case. See Okello, 120 M.S.P.R. 498, 502-504 (finding that a six year pen-dency with no decision despite petitioner’s diligence in seeking a final decision was a constructive denial); Easter v. Office of Pers. Mgmt., 102 M.S.P.R. 568, 571 (2006) (<HOLDING>). Mr. Malone may appeal the substantive merits Options: A. holding that one minute delay between the initial stop of the defendant and the officers question regarding whether the defendant had any illegal substances and his request to search the defendants car was sufficiently contemporaneous with the issuance of the citation such that there was no appreciable delay and certainly no unreasonable delay B. holding that an eighteenmonth delay with no acknowledgment of petitioners application was constructive denial C. holding that a twoday delay was insufficient to establish deliberate indifference and citing cases where no deliberate indifference was found after a sixteenday delay a sixday delay and a threemonth delay D. holding that the denial of petitioners appeal to the bia would have put a reasonable person in the petitioners position on notice that something was wrong with his attorneys preparation for the removal hearing E. holding no retroactive application

assistant: The best answer is B. holding that an eighteenmonth delay with no acknowledgment of petitioners application was constructive denial
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: you represent and warrant you will only send messages through the apps to other users who have given you their express consent to receive such messages , and you will indemnify and hold the company harmless from any and all claims arising out of your sending these messages to any users .

assistant: None