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: authorize Walker to resurrect its claims by re-filing its 188 Petitions with the BOR, nor did the time limit for initiating an original tax appeal begin anew after Walker re-filed its 188 Petitions. See I.C. 6-1.1-15-5(d). In short, Walker-which has not shown that it raised any new issues in its re-filed 183 Petitions-appears to be trying for a second bite at the apple here. The law, however, provides Walker with no second bite at the apple; when a taxpayer does not comply with the provisions of Indiana Code Section 6-1.1-15-5, then this Court does not have subject matter jurisdiction over the taxpayer's claim. I.C. § 33-3-5-11(a); Indiana Model Co., 639 N.E.2d at 698. Cf. Lakeview Village, Inc. v. Board of County Commissioners of Johnson County, 232 Kan. 711, 659 P.2d 187, 197 (1983) (<HOLDING>); Automobile Sales Co. v. Johnson, 174 Tenn. Options: A. holding that a postconviction proceeding is pending under 2244d2 until the time to appeal expires B. holding that the crossappeal time limit is jurisdictional C. holding that time limit for filing petition for review is mandatory and jurisdictional D. holding that the thirty day time limit was mandatory but not jurisdictional E. holding that time limit for initiating a tax appeal under kansas jurisdictional statute was a limitation upon the right itself so that when time expires the right to bring such an action is extinguished

assistant: The best answer is E. holding that time limit for initiating a tax appeal under kansas jurisdictional statute was a limitation upon the right itself so that when time expires the right to bring such an action is extinguished
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 owns, possesses, licenses or has other rights to use, the patents and patent applications, copyrights, trademarks, service marks, trade names, service names and trade secrets described in the SEC Filings as necessary or material for use in connection with its business and which the failure to so have would have or reasonably be expected to result in a Material Adverse Effect (collectively, the “ Company Intellectual Property ”). There is no pending or, to the Company’s Knowledge, threatened action, suit, proceeding or claim by any Person that the Company’s business as now conducted infringes or otherwise violates any patent, trademark, copyright, trade secret or other proprietary rights of another. To the Company’s Knowledge, there is no existing infringement by another Person of any of the Company Intellectual Property that would have or would reasonably be expected to have a Material Adverse Effect. The Company has taken reasonable security measures to protect the secrecy, confidentiality and value of all of the Company Intellectual Property, except where failure to do so would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

assistant: Intellectual Property
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 and the Investor shall consult with each other in issuing any press releases or otherwise making public statements with respect to the transactions contemplated hereby and no party shall issue any such press release or otherwise make any such public statement, other than as required by law, without the prior written consent of the other parties, which consent shall not be unreasonably withheld or delayed, except that no prior consent shall be required if such disclosure is required by law, in which such case the disclosing party shall provide the other party with prior notice of such public statement. Notwithstanding the foregoing, the Company shall not publicly disclose the name of the Investor without the prior written consent of the Investor, except to the extent required by law. The Investor acknowledges that the Transaction Documents may be deemed to be “ material contracts, ” as that term is defined by Item 601(b)(10) of Regulation S-K, and that the Company may therefore be required to file such documents as exhibits to reports or registration statements filed under the Securities Act or the Exchange Act. The Investor further agrees that the status of such documents and materials as material contracts shall be determined solely by the Company, in consultation with its counsel.

assistant: Publicity
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 specify its reasons for doing so. To the extent that the district court adopted the Probation Office’s rationale and imposed the self-employment restriction solely as a tool to prevent Mr. Manning from wasting funds that would otherwise- be available to help satisfy his restitution obligation, we would be hard-pressed to uphold the restriction as having a reasonably direct relationship to conduct relevant to his misapplication offense. Cf. Erwin, 299 F.3d at 1232-33 (“The district court, however, did not demonstrate that any relationship existed between commercial fishing and unlawful conduct similar to possession of ammunition.”). On a more developed record, however, other or additional justifications for the restriction may have been revealed. Cf. Turner, 88 Fed.Appx. at 314 (<HOLDING>). Because Mr. Manning did not object to the Options: A. holding that there was a sufficiently direct relationship between restricting the defendants selfemployment as a roofer and his bank fraud conviction when the defendant used his roofing business to facilitate the fraud and after his initial sentence he failed to provide information about his business activities to his probation officer B. holding that an applicant may establish eligibility for asylum based exclusively on activities undertaken after his arrival in the united states so long as he demonstrates that authorities in his country are aware of his activities or likely to become aware of his activities C. holding that the state failed to rebut the defendants testimony that he was forced to leave his approved residence and could not reach the probation officer to inform him of his move D. holding that the defendant waived the right to appeal his sentence including the terms and conditions of his supervised release when he agreed to a plea agreement that said he expressly waives his right to appeal the conviction and sentence imposed on any ground emphasis added E. holding that defendant was not resident of his mothers household even though his drivers license listed his mothers address and he received mail there because he expressed a belief that his residence was in a different location than his mothers home he rented and occupied his own residence and he testified that he was only living with his mother after expiration of his lease until he could find another place to live

assistant: The best answer is A. holding that there was a sufficiently direct relationship between restricting the defendants selfemployment as a roofer and his bank fraud conviction when the defendant used his roofing business to facilitate the fraud and after his initial sentence he failed to provide information about his business activities to his probation officer
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: and his supervisor never returned his calls, and never advised him that his extended absence would require him to apply for a leave of absence. According to Plaintiff, a simple investigation into these facts would have revealed a failure to accommodate or grant a leave of absence on the part of Federal Mogul. It is generally accepted that a failure to accommodate is not like or reasonably related to an allegation of termination. Stuart, 217 F.3d at 630 (stating an allegation of discipline is not like or related to an allegation of termination); see Weigel v. Target Stores, 122 F.3d 461, 464 (7th Cir.1997) (finding a complaint of failure to accommodate and termination are separate things not like or reasonably related); Jones v. Sumser Ret. Vill., 209 F.3d 851, 853-54 (6th Cir.2000) (<HOLDING>). Here, construing the complaint’s allegation Options: A. holding that default termination is government claim B. holding that although the plaintiff has suffered no adverse employment action she may still raise a claim of discrimination based on the alleged failure reasonably to accommodate her disability C. holding that the employers willingness to accommodate the employee undercut the employees claim of constructive discharge D. holding a termination claim is far different from a failure to accommodate claim E. holding that a failure to accommodate claim is separate and distinct from a claim of discriminatory treatment under the ada and pointing out that a failure to accommodate claim and a claim of discriminatory treatment under the ada are not like or reasonably related to one another and one cannot expect a failure to accommodate claim to develop from an investigation into a claim that an employee was terminated because of a disability

assistant: The best answer is D. holding a termination claim is far different from a failure to accommodate 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: Seller shall pay (subject to legal rights of appeal and protest) prior to delinquency all real property taxes, ad valorem, other real property, occupancy, personal property, intangible and sales taxes due and payable by Seller with respect to the 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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: violate the intellectual property or other rights of linkedin , including , without limitation , ( i ) copying or distributing our learning videos or other materials or ( ii ) copying or distributing our technology , unless it is released under open source licenses ; ( iii ) using the word `` linkedin '' or our logos in any business name , email , or url except as provided in the brand guidelines ;

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 set forth in Schedule 4.6 , there are no material Orders against and there are no material Actions pending or, to the Knowledge of Seller, threatened in Law or in equity, or before any Governmental Entity, against the Company.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Servicer will use reasonable efforts to collect all payments due under each Lease in the 2017-A Reference Pool. The Servicer may waive late payment charges or other fees that may be collected in the ordinary course of servicing a Lease. The Servicer may grant extensions, refunds, rebates or adjustments on a Lease or amend a Lease according to the Servicing Procedures. However, if the Servicer (a) grants a Payment Extension or Term Extension on a Lease in the 2017-A Reference Pool resulting in the final payment date of the Lease being later than the Final Scheduled Payment Date of the most junior Class of Notes issued by the Issuer or (b) modifies the amount of the Base Payment due on a Lease, it will reallocate the Lease and the related Leased Vehicle to the Revolving Facility Pool under Section 3.3, unless it is required to take the action by law or court order.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: opinion, we VA CATE the sentence and REMAND for resentencing. 1 . Before Pulido, we often applied an "impossible to tell” harmless-error standard to alternative-theory errors. See United States v. Howard, 517 F.3d 731, 736 (5th Cir.2008) (cataloguing cases). This standard had its origins in Yates v. United States, 354 U.S. 298, 77 S.Ct. 1064, 1 L.Ed.2d 1356 (1957), which states that a general verdict should be set aside when it "is supportable on one ground, but not on another, and it is impossible to tell which ground the jury selected.” Id. at 312, 77 S.Ct. 1064 (emphasis added). The impossible-to-tell standard is more stringent than the Neder standard; it is closer to the "absolute certainty” standard that the Supreme Court invalidated in Pulido. See Pulido, 129 S.Ct. at 533 (<HOLDING>). Because the impossible-to-tell standard is Options: A. holding that a violation of the hearsay rule was harmless B. holding that the absolutecertainty standard is similar to a finding that no violation had occurred at all rather than that any error was harmless C. holding that any error was harmless and thus not plain error D. holding that in similar factual situation no due process violation occurred E. holding that violation of rule 16 in that case was not harmless error

assistant: The best answer is B. holding that the absolutecertainty standard is similar to a finding that no violation had occurred at all rather than that any error was harmless
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: is waived. United States v. Muhammud, 701 F.3d 109, 111 (3d Cir.2012) (stating that the time limits under Fed. R.App. P. 4(b) are waived if the government does not invoke them). Ragnoli’s arguments depehd upon a finding that the May 7, 2015 letter was an appealable court order. However, when the District Court wrote the tetter, it lacked the authority to issue an order modifying Ragnoli’s sentence. Dillon v. United States, 560 U.S. 817, 819, 130 S.Ct. 2683, 177 L.Ed.2d 271 (2010) (observing that federal courts generally are not able to modify sentences at a later date); 18 U.S.C. § 3582(c) (listing the exceptional circumstances when a court may modify a sentence at a later date, none of which are applicable here). In May 2015, approximately two years after the District th Cir.2011) (<HOLDING>); United States v. Kerr, 472 F.3d 517, 520 (8th Options: A. holding that district courts nonbinding recommendations to the bop are not appealable B. holding appealable a case dismissed in effect by the district courts order C. holding that a district courts recommendation that the bop not credit the defendant for his time in state custody was not appealable because the district courts recommendation was not binding on the bop D. holding that the portion of a district courts order that included a specific place of imprisonment was only a nonbinding recommendation to the bop and therefore not appealable E. holding sanctions order pursuant to district courts inherent powers not immediately appealable

assistant: The best answer is A. holding that district courts nonbinding recommendations to the bop are not appealable
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: because the two claims are governed by different causation standards. We recognize the difference in legal standards, but conclude that it is not material to the disposition of this case. While, as noted earlier, the “significant factor” test for the Burk tort claim does not require but-for causation, it imposes much more than some de minimus burden on the plaintiff. It “requir[es] a showing of more than a mere causal link,” in that “a factor may be a cause without being significant.” Elzey v. Forrest, 739 P.2d 999, 1001-02 (Okla.1987). The plaintiff “must do more than show that [age] was only one of many possible factors resulting in his discharge.” Wallace v. Halliburton Co., 850 P.2d 1056, 1059 (Okla.1993); see White v. Am. Airlines, Inc., 915 F.2d 1414, 1419-20 (10th Cir.1990) (<HOLDING>). It is not necessary to set out our evaluation Options: A. recognizing that court need not address each hahn factor if defendant does not raise issue relating to that factor B. holding trial court erred by instructing jury that employer would be liable under burk if plaintiff showed improper motive was a factor in the decision to discharge him rather than a significant factor C. holding that if the plaintiff makes out a prima facie case of age discrimination the employer must show that the discharge was based on reasonable factors other than age and if the employer meets that burden the plaintiff must show that age was a determining factor in the discharge D. holding that trial court erred by instructing jury regarding sudden emergency E. holding that a plaintiff need only show that the results of a polygraph examination were a factor in the termination of employment and rejecting requirement that results be the sole factor for employees discharge

assistant: The best answer is B. holding trial court erred by instructing jury that employer would be liable under burk if plaintiff showed improper motive was a factor in the decision to discharge him rather than a significant factor
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 the Purchasers, severally and not jointly, agree to purchase, up to an aggregate of $_________ of Shares and Warrants. The Company shall deliver to each Purchaser its respective Shares and a Warrant 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 EGS 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: This Agreement may be executed in several counterparts, each of which shall be deemed an original, and all of such counterparts shall constitute one and the same instrument. Delivery of this Agreement may be accomplished by electronic facsimile reproduction (" FAX ") or via electronic mail via .PDF (" PDF "); if FAX or PDF delivery is utilized, the electronic version shall have the same force and effect as the 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 legal provision and list the applicable contract clause categories. Provision: The initial term of this Agreement shall be one (1) year from the Effective Date (“ Initial Term ”), unless otherwise terminated pursuant to Section 4 of this Agreement. This Agreement shall automatically renew for four (4) successive one (1) year terms unless either party gives written notice of its or his intent not to renew this Agreement at least sixty (60) days prior to the expiration of the then-current term. Executive’s continued employment after the expiration of the Initial Term shall be in accordance with and governed by this Agreement, unless modified by the parties to this Agreement in writing. References herein to the “ Term ” shall refer both to the Initial Term and any successive term as the context requires. In the event Executive continues employment after the expiration of the final one (1) year renewal term and the parties do not enter into a new contract for employment, Executive’s continued employment after the expiration of such final one (1) year renewal term shall be in accordance with and governed by this Agreement, unless modified by the parties to this Agreement in writing, and references herein to the “Term” of this Agreement shall be deemed to include the period of continuation after expiration of such final one (1) year renewal term.

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 Award is subject to all the terms and conditions of the Tyson Foods, Inc. 2000 Stock Incentive Plan (the “Plan”). Unless otherwise defined herein, all capitalized terms in this Performance Shares Stock Incentive Award Agreement (the “Award Agreement”) shall have the meaning stated in the Plan. Please see the Plan document for more information on these terms and conditions. A copy of the Plan is available upon request.

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 case excerpt and choose the best holding from the options. Case excerpt: detailed information regarding the costs that Lockheed Martin [ ]. Because, under the amended solicitation, [ ], and because the Army and Lockheed Martin assert that the technical requirements in the Solicitation need to be changed, ManTech has no real sense as to what final price Lockheed Martin might offer under the amended solicitation. In these circumstances, the court holds that the requirements of section 15.507 of the FAR do not require the Army to provide Lockheed Martin with ManTech’s pricing information. See Norvar Health Servs., B-286253.2, 2000 CPD ¶ 204, 2000 WL 1804708 (Comp.Gen.2000) (material changes to solicitation renders disclosure of offeror’s initial price meaningless); Sun Microsystems Fed, Inc., B-254497.2, B-254497.3, 94-1 CPD ¶ 318, at 10 (Comp.Gen. 1994) (<HOLDING>). Moreover, the court concludes that the Options: A. holding that a remote tippee must know that original exchange was given in exchange for benefit B. holding that a defendants contact with michigan customers through the mail and the wires where it constitute the doing of business there rather than simply the exchange of information rendered the assertion of specific jurisdiction consistent with due process C. holding that court had no obligation to inform pro se litigant of procedural requirements due to clear evidence in record including inter alia defendants mention of requirements in summary judgment motion that litigant knew requirements D. holding that the witness had accepted immunity in exchange for no prosecution E. holding exchange of information unnecessary due to changes in the agencys requirements and passage of time

assistant: The best answer is E. holding exchange of information unnecessary due to changes in the agencys requirements and passage of time
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: only four jurisdictions, a national consensus exists that a sentence of death based on the murder of a child under fifteen constitutes cruel and unusual punishment. Nelson argues that we should find a categorical restriction on imposing the death penalty when the single aggravator found is based on the age of the victim, using the analysis in Graham v. Florida, — U.S. -, 130 S.Ct. 2011, 176 L.Ed.2d 825 (2010). Graham, however, acknowledges two subsets of categorical rules against the death penalty, one determining that capital punishment is impermissible for nonhomicide crimes against individuals and the other turning on the offender’s characteristics. Id. at 2022. Neither applies here. There is no categorical rale precluding the imposition of the death . 2242, 153 L.Ed.2d 335 (2002) (<HOLDING>). ¶ 33 Admittedly, Nelson would be eligible for Options: A. holding that execution of the mentally retarded is prohibited under the eighth amendment to the united states constitution B. holding that under the eighth amendment to the united states constitution the government may not execute a mentally retarded person C. holding execution of the mentally retarded constitutes cruel and unusual punishment in violation of the eighth amendment D. holding that the execution of mentally retarded criminals violates the eighth amendment E. holding that the eighth amendment to the united states constitution prohibits the execution of mentally retarded individuals

assistant: The best answer is D. holding that the execution of mentally retarded criminals violates the eighth amendment
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 purpose of our service is to provide a simple and convenient service to you , linking you to the partner restaurant and menu of their choice and allowing you to order meals from them .

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: Any Party may deliver executed signature pages to this Waiver Agreement by facsimile transmission to the other Parties, which facsimile copy shall be deemed to be an original executed signature page. This Waiver Agreement may be executed in one or more counterparts, each of which will be deemed an original, but all of which together will constitute a single instrument.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: No representation or warranty made by Lani Pixels in this Agreement or in any document furnished in connection herewith contains any untrue statement of a material fact or omits to state any material fact necessary to make the statements herein or therein not misleading.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: in teaching specifics to in 1988) (“In order to preserve the admission of evidence as error for appellate review, an objection must be made at trial. A motion in limine is insufficient to meet this requirement. A party whose motion in limine is overruled must renew his objection when the evidence is about to be introduced at trial. [By failing to object to an evidentiary issue at trial, plaintiff] has not preserved this issue for appellate review.”) (internal citation omitted). Captain D's contends that its motion to strike Feigenbaum's testimony should suffice for a timely objection, but this motion was not raised until the day after Feigenbaum had finished testifying. As such, it cannot be considered timely. See United States v. Pettigrew, 77 F.3d 1500, 1516 n. 14 (5th Cir.1996) (<HOLDING>). 27 . In a motion in limine, Captain D's did Options: A. holding defendant did not expressly or implicitly waive objection raised in motion to strike the evidence when defendant later did not object to a jury instruction covering the same issue B. holding that a motion to strike testimony filed the following day does not constitute a timely objection under fed r evidence 103a C. holding that an affidavit that does not measure up to the standards of rule 56e is subject to a motion to strike and formal defects are waived in the absence of a motion or other objection D. holding that objection was timely even though objection was not made until after question was answered E. holding that to preserve an alleged error in the admission of evidence a timely objection must be made to the introduction of the evidence specific grounds for the objection should be stated and a ruling on the objection must be made by the trial court

assistant: The best answer is B. holding that a motion to strike testimony filed the following day does not constitute a timely objection under fed r evidence 103a
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Executive’s health insurance benefits shall cease on January 31, 2017, subject to Executive’s right to continue Executive’s health insurance under COBRA. Executive’s participation in all benefits and incidents of employment, including, but not limited to, the accrual of bonuses, vacation, and paid time off, ceased as of the Separation Date.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Subject to the terms and conditions herein, the Credit Agreement is hereby amended as follows: in Section 2.16(a) the reference to “$50,000,000” is amended to read “$75,000,000”.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: manner, viewing the facts in the light most favorable to sustaining the jury’s verdict. State v. Gunches, 225 Ariz. 22, 25 ¶¶ 14-15, 234 P.3d 590, 593 (2010). i. Alisa ¶ 46 Sufficient evidence supports the jury’s finding that Benson murdered Alisa in an especially cruel manner. Dr. Alan Zhang, a pathologist who performed an autopsy on Alisa’s body, identified three marks on her neck, which indicated that the ligature had to be adjusted during the strangulation, thereby increasing the time it took to strangle her. According to Dr. Zhang, that adjustment, together with an abrasion on Alisa’s chin and other injuries, suggested Alisa had struggled during the strangulation and experienced pain and emotional trauma. Compare State v. Stokley, 182 Ariz. 505, 517, 898 P.2d 454, 466 (1995) (<HOLDING>), with Snelling, 225 Ariz. at 189 ¶¶ 31-32, 236 Options: A. holding that the trial court abused its discretion in admitting child hearsay because it failed to exhibit sufficient indications of reliability but noting that it is not every error that warrants reversal of a judgment of conviction and examining whether there was sufficient evidence outside of the hearsay to support the conviction B. holding repetitive gripping of ligature and other indications of a struggle evidenced especial cruelty C. holding evidence sufficient to support murder conviction where appellants defensive theories of intentional or accidental selfinflicted wound occurring during struggle contradicted by physical evidence theory D. holding that new evidence is evidence not previously of record and not merely cumulative of other evidence E. holding evidence sufficient to support jurys verdict when physical evidence including evidence gun was fired from a distance greater than appellant told police was inconsistent with accidental discharge during a struggle

assistant: The best answer is B. holding repetitive gripping of ligature and other indications of a struggle evidenced especial cruelty
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: this case, argued that “the sole significance of [roadlessness] is that the [roadless] parcel is potentially eligible for wilderness designation.” Id. at 1077. Because the Forest Service was not required to consider permanent protection for the areas at issue, see id. at 1074 (citing the Washington State Wilderness Act, Pub.L. No. 98-339, 98 Stat. 299 (1984)), the Forest Service maintained that “the fact that a parcel of ... land is roadless is, in itself, immaterial and need not be addressed in NEPA documents.” Id. at 1078. We rejected that argument, observing that roadlessness has environmental significance apart from permanent wilderness preservation and, as a result, “[t]hat the land has been released by Congress for nonwilderness use does not excuse the agency from comp ir.1997) (<HOLDING>). We review final agency action under § Options: A. holding a rod to be final agency action B. holding it well settled that a final eis or the record of decision issued thereon constitute final agency action C. holding that the rod and eis for a program were final agency action D. holding that the designation of the rod as final agency action under the apa is generally recognized E. holding that it appears wellestablished that a final eis or the rod issued thereon constitute the final agency action for purposes of the apa and collecting cases

assistant: The best answer is E. holding that it appears wellestablished that a final eis or the rod issued thereon constitute the final agency action for purposes of the apa and collecting cases
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: Enter into any transaction of any kind with any Affiliate of the Borrower, whether or not in the ordinary course of business, other than on fair and reasonable terms substantially as favorable to the Borrower or such Subsidiary as would be obtainable by the Borrower or such Subsidiary at the time in a comparable arm's length transaction with a Person other than an Affiliate; provided that the foregoing restriction shall not apply to (a) transactions between or among the Credit Parties, (b) employment and severance arrangements between the Borrower or any Subsidiary and their respective officers and employees in the ordinary course of business and transactions pursuant to any management and/or employee stock plans, stock subscription agreements or shareholder agreements or any other management or employee benefit plans or agreements, (c) any transactions permitted under Sections 9.2 , 9.3 , 9.4 , 9.5 and 9.6 of this Agreement, (d) any agreement between any Person and an Affiliate of such Person existing at the time such Person is acquired in connection with a Permitted Acquisition; provided such agreement was not entered into in connection with such Permitted Acquisition and (e) any payment of director, officer and employee compensation and other benefits and indemnification arrangements.

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: The Employer shall pay Executive a minimum annual salary at the rate of $500,000 per annum during the Employment Period (“Base Salary”). Base Salary shall be payable in periodic installments in accordance with the regular payroll practices of the Employer and shall be reviewed by the Employer at least annually.

assistant: Base Salary
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 risk from negligent training in the use of motorcycles. Trainees, unfamiliar with motorcycles, are particularly vulnerable to hazards associated with improper or negligent training. Id. at 552. We find the present case readily distinguishable because Fortson focuses on the strong legislative policy of providing proper instruction during a motorcycle-safety class. As the court explained in Fortson, once the defendant “entered into the business of instructing the public in motorcycle safety, the defendant [could not], by contract, dispense with the duty to instruct with reasonable safety.” Id. at 554. Even if we accepted that motorcycle instructors could not exculpate themselves from neg ligence liability, cf. Petersen v. Sorensen, 118 Wash. App. 1027, 2003 WL 22040908, at *5 (2003) (<HOLDING>), this situation is much different, and the Options: A. holding that employees retaliatory discharge based on employees election to public office did not violate public policy B. recognizing that some police records must remain secret and free from public inspection as a matter of public policy C. holding that motorcycle training course is not a matter of public necessity and release does not violate public policy D. holding that public meeting did not satisfy public participation requirement because public did not receive adequate notice E. recognizing that public utilities affect the public interest in that they render essential public services to a large number of the general public

assistant: The best answer is C. holding that motorcycle training course is not a matter of public necessity and release does not violate public policy
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: was tried. See § 782.065, Fla. Stat. (2016). 2 . Ramroop does not challenge and we do not address his conviction for Knowingly Discharging a Firearm from a Vehicle Within 1000 Feet of a Person. § 790.15(2), Fla. Stat. (2013). 3 . Section 924.34, Florida Statutes, provides the following: When the appellate court determines that the evidence does not prove the offense for which the defendant was found guilty but does establish guilt of a lesser statutory degree of the offense or a lesser offense necessarily included in the offense charged, the appellate court shall reverse the judgment and direct the trial court to enter judgment for the lesser degree of the offense or for the lesser included offense. § 924.34, Fla. Stat. (2011); see State v. Sigler, 967 So.2d 835, 841 (Fla. 2007) (<HOLDING>). 4 . The Standard Jury Instructions should be Options: A. holding section 61137 unconstitutional on its face B. holding section 61132b2c facially unconstitutional C. holding unconstitutional the mandatory application of the federal sentencing guidelines D. recognizing that application of section 507a7 should be coincidental with application of section 523a5 because of identical language in the two statutes E. holding that section 92434 could be unconstitutional in application

assistant: The best answer is E. holding that section 92434 could be unconstitutional in application
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 Borrower will, and will cause each of its Restricted Subsidiaries to (a) keep and maintain all property material to the conduct of its business in good working order and condition, ordinary wear and tear excepted, (b) maintain, with financially sound and reputable insurance companies or in accordance with acceptable self insurance practices, insurance in such amounts and against such risks as are customarily maintained by companies of similar size engaged in the same or similar businesses operating in the same or similar locations, and (c) and use commercially reasonable efforts to maintain, prosecute and enforce its material Intellectual Property, in each case except where the failure to do so would not reasonably be expected to result in a Material Adverse Effect.

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: because it concluded that the United States Supreme Court’s decision in Venetie, announced subsequent to the remand, superseded previous law. The district court is correct, because the Supreme Court has held that when it applies a rule of federal law to the parties before it, it is a controlling interpretation of federal law and must be given full retroactive effect in all cases still open on review, even if the events predated the announcement of the rule. See Harper v. Virginia Dep’t of Taxation, 509 U.S. 86, 96, 113 S.Ct. 2510, 125 L.Ed.2d 74 (1993); see also State v. Dick, 1999-NMCA-062, ¶¶ 13-14, 127 N.M. 382, 981 P.2d 796 (applying Venetie analysis on appeal of case in which trial court used Watchman analysis); cf. Clark v. Tansy 118 N.M. 486, 491, 882 P.2d 527, 532 (1994) (<HOLDING>). However, “[i]n applying federal law, [the Options: A. holding that when a habeas petitioner in a criminal case can show that there has been an intervening change of law relitigation of an issue decided adversely on direct appeal is not barred B. holding that a 2255 hearing is permitted on an issue previously addressed on direct appeal when there has been an intervening change in the law C. holding that an issue not raised on direct appeal of sentence is barred by the law of the case from presentation in a subsequent appeal D. holding that under the law of the case doctrine an issue of fact or law decided on appeal may not be reexamined by the appellate court on a subsequent appeal E. holding that defendant could not raise in a 2255 motion an issue previously decided on direct criminal appeal

assistant: The best answer is A. holding that when a habeas petitioner in a criminal case can show that there has been an intervening change of law relitigation of an issue decided adversely on direct appeal is not barred
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 Borrower shall execute and deliver to the Lender all further documents, financing statements, agreements and instruments, and take all further action that may be required under applicable law, or that the Lender may reasonably request, in order to effectuate the transactions contemplated by this Loan Agreement and the Loan Documents or, without limiting any of the foregoing, to grant, preserve, protect and perfect the validity and first-priority of the security interests created or intended to be created hereby. Each Borrower shall do all things necessary to preserve the Collateral so that it remains subject to a first priority perfected security interest hereunder. Without limiting the foregoing, each Borrower will comply with all rules, regulations, and other laws of any Governmental Authority and cause the Collateral to comply with all applicable rules, regulations and other laws. Each Borrower will not allow any default for which such Borrower is responsible to occur under any Pledged Asset or any Loan Document and each Borrower shall fully perform or cause to be performed when due all of its obligations under any Pledged Asset or the Loan Documents.

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: complained about pornographic graffiti in a restroom before Aguilar was employed at ASARCO. The circumscribed nature of the evidence limited any potential prejudice to ASARCO. Moreover, as the plaintiffs contend, and my analysis of ASARCO’s motion for judgment as a matter of law, above, indicates, the “other graffiti” evidence was not the only evidence relevant to punitive damages. See, e.g., Schudel v. General Electric Co., 120 F.3d 991, 996 (9th Cir.1997) (requiring a new trial where inadmissible evidence was the only evidence on the issue of causation), cert. denied, 523 U.S. 1094, 118 S.Ct. 1560, 1561, 140 L.Ed.2d 792 (1998), abrogated on other grounds, Weisgram v. Marley Co., 528 U.S. 440, 120 S.Ct. 1011, 145 L.Ed.2d 958 (2000); Powell v. Levit, 640 F.2d 239, 241 (9th Cir.1981) (<HOLDING>). ASARCO is not entitled to a new trial on the Options: A. holding that the standard was met when two actions were related to the same assets and were based upon almost identical breaches of fiduciary duty B. recognizing that no prejudice results where the evidence erroneously admitted was merely cumulative and an appellate court will not reverse for harmless error in the admission of evidence C. holding that when evidence was erroneously admitted such error was harmless when the evidence was insignificant and cumulative D. holding that the rule 61 prejudice standard was met where the erroneously admitted evidence of the plaintiffs juvenile and adult felony offenses was clearly prejudicial because the case turned almost entirely on relative credibility of the partywitnesses E. holding that even if the standard for waiver is clear the standard was not met

assistant: The best answer is D. holding that the rule 61 prejudice standard was met where the erroneously admitted evidence of the plaintiffs juvenile and adult felony offenses was clearly prejudicial because the case turned almost entirely on relative credibility of the partywitnesses
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 be binding upon and inure to the benefit of the parties hereto and their respective successors, heirs, legal representatives and permitted assigns. Neither party may directly or indirectly assign any of its rights or delegate any of its obligations under this Agreement, by operation of law or otherwise, without the prior written consent of the other party other than (a) in connection with a change in control of the Stockholder or to any successor of the Company; and (b) by the Stockholder in whole or in part, to one or more of its Subsidiaries, so long as the Stockholder remains liable for its obligations as contained herein. Any purported direct or indirect assignment in violation of this Section 8.2 shall be null and void ab initio .

assistant: Assignments
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 change or modification of this Agreement shall be valid or binding upon the Parties hereto, nor shall any waiver of any term or condition in the future be so binding, unless such change or modification or waiver shall be in writing and signed by the Parties hereto.

assistant: Modifications