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: surrounding its execution, and the purpose sought to be accomplished thereby. See Richard’s Original Long Creek Lodge v. Seymour Inn, Inc., 791 S.W.2d 944, 945 (Mo.App.1990). On the other hand, MECO’s basic premise that the presence of the condition precedent in the Addendum meant “there was either no agreement at all, or no enforceable agreement until [the financing contingency] was satisfied” is flawed. First, such argument runs counter to the general principle that a condition precedent presupposes the existence of a contract and not the converse, as MECO argues. Career Aviation Sales, Inc. v. Cohen, 952 S.W.2d 324, 326 (Mo.App.1997); Highland Inns Corp. v. American Landmark Corp., 650 S.W.2d 667 (Mo.App.1983). See Morgan v. City of Rolla, 947 S.W.2d 837, 840 (Mo.App.1997) (<HOLDING>). Under certain circumstances not implicated Options: A. holding that for a suit to be brought in the venue in which the contract was to be performed the contract must expressly state where the performance of the contract was to occur B. holding that a contract must entitle the plaintiff to money damages in the event of the governments breach of that contract C. holding a condition precedent is an act or event that must be performed or occur after the contract has been formed before the contract becomes effective D. holding that parol evidence is admissible to establish a condition precedent to the existence of a contract E. holding that a contract is not effective until the performance of the conditions precedent and that a condition precedent calls for the happening of some event or the performance of some act after the terms of the contract have been agreed on before the contract shall be binding on the parties

assistant: The best answer is C. holding a condition precedent is an act or event that must be performed or occur after the contract has been formed before the contract becomes effective
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 file a Current Report on Form 8-K, including the Transaction Documents as exhibits thereto, with the Commission within the time required by the Exchange Act. From and after the filing of such Current Report on Form 8-K, the Company represents to the Purchaser that it shall have publicly disclosed all material, non-public information delivered to any of the Purchasers by the Company or any of its Subsidiaries, or any of their respective officers, directors, employees or agents in connection with the transactions contemplated by the Transaction Documents. The Company and the Purchaser shall consult with each other in issuing any press releases with respect to the transactions contemplated hereby, and neither the Company nor the Purchaser shall issue any such press release nor otherwise make any such public statement without the prior consent of the Company, with respect to any press release of the Purchaser, or without the prior consent of the Purchaser, with respect to any press release of the Company, which consent shall not unreasonably be withheld or delayed, except if such disclosure is required by law, in which case the disclosing party shall promptly provide the other party with prior notice of such public statement or communication. Notwithstanding the foregoing, the Company shall not publicly disclose the name of the Purchaser, or include the name of the Purchaser in any filing with the Commission or any regulatory agency or Trading Market, without the prior written consent of the Purchaser, except: (a) as required by federal securities law in connection with any registration statement contemplated by this Agreement and (b) to the extent such disclosure is required by law or Trading Market regulations, in which case the Company shall provide the Purchaser with prior notice of such disclosure permitted under this clause (b).

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: credibility enchmpasses not just consistency but also plausibility and sufficient detail. See, e.g., In re M-D-, 1998 WL 127881, 21 I. & N. Dec. 1180, 1182 (BIA 1998). The B We decide instead to join the Second and Third Circuits in expressly approving the BIA’s corroboration rule. See Guan Shan Liao v. U.S. Dep’t. of Justice, 293 F.3d 61, 71 (2d Cir.2002) (citing Diallo, 232 F.3d at 285); Kayembe v. Ashcroft, 334 F.3d 231, 238 (3d Cir.2003) (citing Abdulai, 239 F.3d at 554); see also Capric, 355 F.3d 1075, 1086 n. 4 (7th Cir.2004) (noting the rule and the Ninth Circuit’s disapproval of it but neither accepting nor rejecting it). Indeed, this Court has repeatedly emphasized the importance of corroborating evidence. See, e.g., Micakovic v. Ashcroft, 85 Fed.Appx. 424, 426 (6th Cir.2003) (<HOLDING>). We therefore conclude that the BIA Options: A. holding that even if he was credible the applicant could be reasonably expected to corroborate his claim that government officials in kosovo attempted to force him into military service B. holding that a military police officer was entitled to qualified immunity from an excessive force suit when he objectively reasonably believed that he used reasonable force C. holding that the defendant was placed in official detention when two police officers approached him and told him that he was under arrest as the defendant could not reasonably have believed that he was free to leave D. recognizing refund claim could be barred if there was any valid local limitations law in force when the claim was filed E. holding that due process required a hearing so the putative father would have an opportunity to present evidence to show as a factual matter that he could not reasonably have complied with utahs statutory requirements or deadlines because he could not reasonably have expected his baby to be born in utah

assistant: The best answer is A. holding that even if he was credible the applicant could be reasonably expected to corroborate his claim that government officials in kosovo attempted to force him into military service
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: All corporate action required to be taken by the Company’s Board of Directors and stockholders in order to authorize the Company to enter into this Agreement, and to issue the Forward Purchase Securities at the Forward Closing, and the securities issuable upon exercise of the Forward Purchase Warrants, has been taken or will be taken prior to the Forward Closing. All action on the part of the stockholders, directors and officers of the Company necessary for the execution and delivery of this Agreement, the performance of all obligations of the Company under this Agreement to be performed as of the Forward Closing, and the issuance and delivery of the Forward Purchase Securities and the securities issuable upon exercise of the Forward Purchase Warrants has been taken or will be taken prior to the Forward Closing. This Agreement, when executed and delivered by the Company, shall constitute the valid and legally binding obligation of the Company, enforceable against the Company in accordance with its terms except xii) as limited by applicable bankruptcy, insolvency, reorganization, moratorium, fraudulent conveyance, or other laws of general application relating to or affecting the enforcement of creditors’ rights generally, xiii) as limited by laws relating to the availability of specific performance, injunctive relief, or other equitable remedies, or xiv) to the extent the indemnification provisions contained in the Registration Rights may be limited by applicable federal or state securities laws.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the guideline offense level for a drug offense), he was a potential government witness at sentencing, and Cogswell did not know whether Lewis would be called to testify at sentencing. See United States v. McMinn, 103 F.3d 216, 218-19 (1st Cir.1997) (finding enhancement applicable when defendant threatened someone who “remained a prospective government witness” in further proceedings against defendant); see also United States v. Boyd, 574 Fed.Appx. 878, 879-80 (11th Cir.2014) (unpublished) (upholding enhancement where defendant threatened a witness after defendant had pleaded guilty and was awaiting sentencing because defendant “did not know whether [the witness’s] testimony would be used against him at sentencing”); United States v. Rubio, 317 F.3d 1240, 1244-45 (11th Cir.2003) (<HOLDING>). Cogswell’s other contention — that 'the Options: A. holding that we are not persuaded by defendants contention that an assault did not take place because he never made physical contact with the weapon in light of the evidence showing that the gun was only inches from defendants outstretched hand and that defendant was actively forcefully and to some degree successfully resisting the officers attempt to arrest him we do not believe in light of our states definition of assault that defendants failure to physically touch the weapon precludes the commission of an assault with the firearm B. holding that an assault that occurred immediately after the employee was discharged was in the course of the employment C. holding that an obstructionofjustice enhancement was appropriate based on the defendants assault on a witness after trial and rejecting the defendants argument that because the assault occurred after trial it could not impact the prosecution of his case D. holding that the trial court in a sexual assault case erred by refusing to allow evidence of prior testimony by the complainant in an unrelated rape prosecution E. holding that consent is not a defense to the charge of second degree assault where the assault occurred in the context of a prison fight between inmates

assistant: The best answer is C. holding that an obstructionofjustice enhancement was appropriate based on the defendants assault on a witness after trial and rejecting the defendants argument that because the assault occurred after trial it could not impact the prosecution of his case
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 Parties acknowledge that their respective legal counsel have reviewed this Agreement and that any rule of construction to the effect that any ambiguity is to be resolved against the drafting party shall not be applicable in the interpretation of this Agreement. The headings used herein are for reference and convenience only, and shall not be used in the interpretation of this Agreement.

assistant: Construction
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 Purchaser elects to terminate this Agreement pursuant to this Section 7 , and if Purchaser is not, on the date of such election, in default under this Agreement, Seller shall promptly direct the Title Company/Escrow Agent to return the Deposit to Purchaser, and neither party shall have any further liability hereunder except for the obligations of Purchaser that survive the termination of this Agreement.

assistant: Terminations
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: All communications and notices hereunder shall (except as otherwise expressly permitted herein) be in writing and given as provided in Section 9.01 of the Credit Agreement (whether or not then in effect) or, with respect to any holder of obligations under any Other First Lien Agreement, addressed to the Authorized Representative of such holder at its address set forth in the applicable Other First Lien Secured Party Consent, as such address may be changed by written notice to Mortgagor.

assistant: Notices
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: substance seized from the package and the statement she made following her arrest. The district court denied the suppression motion. Subsequently, Hernandez entered a conditional plea of guilty, reserving hér right to appeal the denial of her motion to suppress. Hernandez timely filed a notice of appeal. We exercise jurisdiction pursuant to 28 U.S.C. § 1291. II To determine whether the district court properly concluded that the detention of the mailed package did not violate the Fourth Amendment, we must first identify the nature of the interest an addressee has in a package- delivered to postal authorities. It has long been established that an addressee has both a possessory and a privacy interest in a mailed package. See Ex parte Jackson, 96 U.S. 727, 732, 24 L.Ed. 877 (1877) (<HOLDING>); Walter v. United States, 447 U.S. 649, 654, Options: A. holding that sealed packages in the mail can not be opened without a warrant B. holding that there can be no plea agreement without a meeting of the minds C. holding that an arrest warrant can authorize entry into a dwelling only where the officials executing the warrant have reasonable or probable cause to believe the person named in the warrant is within D. holding that an arrest warrant without a search warrant does not permit law enforcement authorities to enter a third partys home to legally search for the subject of the arrest warrant E. holding warrant valid where search warrant application affidavit was signed and probable cause existed for issuance of warrant

assistant: The best answer is A. holding that sealed packages in the mail can not be opened without a warrant
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: Tenant shall not permit any mechanic’s, materialmen’s or other liens (each, a “ Lien ”) to be filed against the Building, the Premises or Tenant’s leasehold interest therein. Tenant, at its sole expense, or at the expense of Subtenant if such Lien arises as the result of materials or labor furnished for or on behalf of Subtenant, shall cause any such Lien to be released or shall obtain a surety bond in the minimum amount required by law to discharge any such Lien in accordance with the provisions in Article 15 of the OCOM Sublease. If Tenant fails to cause any such Lien to be so released or bonded within thirty (30) days after Tenant’s receipt of notice thereof, Landlord, without waiving its rights and remedies based on such failure, may cause such Lien to be released by any means Landlord reasonably deems proper, including payment in satisfaction of any claim giving rise to such Lien. Tenant shall pay or shall cause Subtenant to pay to Landlord as Additional Rent, within thirty (30) days after Tenant’s receipt of an invoice from Landlord, any sum paid by Landlord to remove any such Lien, together with interest at the rate prescribed herein from the date of such payment by Landlord until paid by Tenant. Tenant shall have the right to contest any such Lien in good faith provided that Tenant provides reasonable security in connection therewith. Notice is hereby given that Landlord shall not be liable or responsible to persons who furnish materials or labor for or in connection with the Premises or the Building on behalf of Tenant, and Landlord shall have the right at all reasonable times to post on the Premises or the Building and record any notices of non-responsibility which it deems necessary for protection from such Liens.

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

user: xiii) required to be disclosed pursuant to a governmental or legal requirement provided that the disclosing party gives to the other party written notice of such requirement prior to any such disclosure. No media releases, public announcements or public disclosure by either party relating to this Agreement, its subject matter or the Information, including but not limited to promotional or marketing, shall be made without the prior written consent of the other party.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: As a condition of employment, you must execute, and abide by the obligations in, the enclosed Employee Noncompetition, Nonsolicitation, Confidentiality and Inventions Agreement simultaneously with the execution of this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company agrees to indemnify the Executive to the fullest extent provided under the Company’s Bylaws, on the same terms and conditions as indemnification is generally provided to the Company’s officers and directors, in the event that he was or is a party or is threatened to be made a party to any threatened, pending or completed action, suit or proceeding, by reason of the fact that the Executive is or was a director, officer, employee or agent of the Company or any of its affiliates; provided, however, that the Executive is not entitled to indemnification under this Section 9(h) relating to any claims, actions, suits or proceedings arising from his breach 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 case excerpt and choose the best holding from the options. Case excerpt: home. However, Defendants cite no case (and this court is aware of none) indicating that a capias warrant gives the government the right to enter the arrestee’s home for any other purposes than to effect the arrest. Whatever he may have thought about his authority to enter the home and effect an arrest, the law clearly prohibited Defendant Bartels from conducting a warrantless search. Accordingly, he does not enjoy the protections of qualified immunity with respect to Count 1. With respect to the second search (Count 3), Defendants argue that an individual plausibly identifying himself as Plaintiffs brother-in-law consented to the search, which was therefore lawful under the “apparent authority” rationale. Illinois v. Rodriguez, 497 U.S. 177, 186, 110 S.Ct. 2793, 111 L.Ed.2d 148 (<HOLDING>) (citing United States v. Matlock, 415 U.S. Options: A. holding that there is no violation of the fourth amendment when the government reasonably believed that the individual giving consent to the search had authority to do so B. holding that it was unreasonable to believe that womans boyfriend had authority to consent to the search of her purse even though he had authority to consent to the search of the car in which it was kept C. holding search not to violate fourth amendment where officers belief that apparent landlord had the power to consent and that he had not revoked that consent was reasonable emphasis added D. holding that because consent is not a statement and a request for consent is not an interrogation giving consent to search is a neutral fact which has no tendency to show that the suspect is guilty of any crime E. holding cotenants consent to search valid where rodriguez who was asleep inside the house was not asked for his consent if police reasonably believed the consenter possessed common authority over the premises

assistant: The best answer is A. holding that there is no violation of the fourth amendment when the government reasonably believed that the individual giving consent to the search had authority to do so
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: home—across the street from victim’s home—was in Fulton County). We note that although the case has not been overruled, the logic in Jones has been called into question. See O’Donnell, 294 Ga. at 313-14 (Nahmias, J., concurring) (opining that, in the absence of evidence to the contrary, jurors can very reasonably infer that a location within 100 yards of a location in a particular county is in the same county and that Jones should be overruled if its erroneous logic would result in a conviction being reversed due to pur ing that “[a]ny enumeration of error which is not supported in the brief by citation of authority or argument may be deemed abandoned”). 29 Brittain v. State, 329 Ga. App. 689, 704 (4) (a) (766 SE2d 106) (2014) (punctuation omitted). 30 See Brewer, 280 Ga. at 20-21 (3) (<HOLDING>); Brittain, 329 Ga. App. at 704 (4) (a) Options: A. recognizing that in order to prevail on a claim of ineffective assistance of counsel a movant must show that he was prejudiced by his counsels performance B. holding that similar allegations were insufficient to state a due process claim C. holding that defendant may raise claim of ineffective assistance of counsel on direct appeal only if ineffective assistance is conclusive from the record D. recognizing a constitutional claim for ineffective assistance of counsel E. holding that defendants mere allegations of ineffective assistance were insufficient to prevail on such a claim

assistant: The best answer is E. holding that defendants mere allegations of ineffective assistance were insufficient to prevail on such a 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 failure or delay of a Party to insist on strict adherence to any term of this Agreement will not be considered a waiver of, or deprive that Party of the right thereafter to insist on strict adherence to that term or any other term of this Agreement. No waiver of any breach or default of the other Party shall be construed as a continuing waiver of the same or any other breach or default under this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Other than consummating the transactions contemplated hereunder, such Purchaser has not directly or indirectly, nor has any Person acting on behalf of or pursuant to any understanding with such Purchaser, executed any purchases or sales, including Short Sales, of the securities of the Company during the period commencing as of the time that such Purchaser first received a term sheet (written or oral) from the Company or any other Person representing the Company setting forth the material terms of the transactions contemplated hereunder and ending immediately prior to the execution hereof. Notwithstanding the foregoing, in the case of a Purchaser that is a multi-managed investment vehicle whereby separate portfolio managers manage separate portions of such Purchaser’s assets and the portfolio managers have no direct knowledge of the investment decisions made by the portfolio managers managing other portions of such Purchaser’s assets, the representation set forth above shall only apply with respect to the portion of assets managed by the portfolio manager that made the investment decision to purchase the Securities covered by this Agreement. Other than to other Persons party to this Agreement or to such Purchaser’s representatives, including, without limitation, its officers, directors, partners, legal and other advisors, employees, agents and Affiliates, such Purchaser has maintained the confidentiality of all disclosures made to it in connection with this transaction (including the existence and terms of this transaction). Notwithstanding the foregoing, for the avoidance of doubt, nothing contained herein shall constitute a representation or warranty, or preclude any actions, with respect to locating or borrowing shares in order to effect Short Sales or similar transactions in the future.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: 10 . The Disciplinary Commission reviews questions of law de novo and defers to the hearing officer’s findings of fact unless they are clearly erroneous. Ariz. R. Sup.Ct. 58(b). 11 . Former Standard 9.32(j). 12 . Peasley received the FBI reports from the State Bar four months after he deposed Judge Nichols. But Peasley contends that he did not "revisit” those reports until after the hearing officer issued his decision. 13 . No explanation is given why Judge Nichols did not disclose this contact either before the hearing on the motion to dismiss or during his deposition in this proceeding. 14 . A judge’s findings in the underlying criminal case do not necessarily determine whether or not an ethical violation occurred. Cf. In re Wolfram, 174 Ariz. 49, 53, 847 P.2d 94, 98 (1993) (<HOLDING>). In addition, we also note that ”[o]nly in the Options: A. holding that the postconviction court erred in finding the ineffective assistance of counsel claim proeedurally barred because the courts opinion did not comment specifically on the ineffective counsel argument and the overall holding that the evidence was sufficient to support the jurys verdict could not be viewed as an adjudication on the merits of the ineffective assistance claim B. recognizing claim of ineffective assistance of trial counsel usually must be raised in collateral proceeding C. holding that a trial courts finding of ineffective assistance of counsel in a rule 32 proceeding does not necessarily equate to a finding of a violation of our ethical rules D. recognizing a constitutional claim for ineffective assistance of counsel E. holding that appellate courts may not on appeal from the dismissal of a rule 32 petition consider claims not raised in the rule 32 petition

assistant: The best answer is C. holding that a trial courts finding of ineffective assistance of counsel in a rule 32 proceeding does not necessarily equate to a finding of a violation of our ethical rules
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: sentence has been imposed, upon motion of the government made more than one year after sentencing, a district court may reduce a defendant’s sentence based on substantial assistance if the defendant’s substantial assistance involved information: (1) not previously known to the defendant; (2) not useful to the government until more than a year after the defendant’s sentencing; or (8) the usefulness of which was not reasonably anticipated by the defendant, until more than one year after sentencing. Fed.R.Crim.P. 35(b)(2). We have held the government has “ ‘a power, not a duty, to file a motion when a defendant has substantially assisted.’ ” United States v. Forney, 9 F.3d 1492, 1500 (11th Cir.1993) (quoting Wade v. United States, 504 U.S. 181, 112 S.Ct. 1840, 1843, 118 L.Ed.2d 524 (1992) (<HOLDING>)). Where a plea agreement requires the Options: A. holding same in the flsa retaliation context B. recognizing that policy considerations and analytical framework in civil context are sometimes persuasive and instructive in criminal context C. recognizing fiduciary exception in the erisa context D. holding so in motionfornewtrial context E. holding such in the context of ussg 5k11

assistant: The best answer is E. holding such in the context of ussg 5k11
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 Performance RSUs that are not vested pursuant to Section 2 or 4 of this Award Agreement shall be forfeited on the Final Vesting Date. Subject to any provision to the contrary in the Participant’s employment agreement that specifically references this Award Agreement (but, for the avoidance of doubt, without giving effect to any other provision in such agreement or in any other individual agreement (including a Transition and Succession Agreement)), and notwithstanding anything to the contrary in the Plan, in the event the Participant’s employment with the Company or its Subsidiaries terminates for any reason at a time when any outstanding Performance RSUs are unvested, such Performance RSUs shall be immediately forfeited, unless otherwise determined by the Company in its sole discretion.

assistant: Forfeitures
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 headings and subheadings of this Agreement have been inserted for convenience only, and shall not affect the construction of the provisions hereof. All references to sections of this Agreement shall be deemed to refer as well to all subsections which form a part of such section.

assistant: Construction
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: 338 U.S. 440 70 S.Ct. 225 94 L.Ed. 244 HUBSCHv.UNITED STATES. SCHWEITZER v. UNITED STATES. Nos. 379, 380. On Application for Approval of Settlement Nov. 25, 1949. Decided Dec. 19, 1949. PER CURIAM. 1 We granted writs of certiorari in these cases, 338 U.S. 814, 70 S.Ct. 44, to review a decision of the Court of Appeals for the Fifth Circuit, 174 F.2d 7, affirming judgments of the District Court for the Southern District of Florida in favor of the United States on claims arising under the Federal Tort Claims Act. Before argument, petitioners and the Solicitor General submitted a joint application for approval of proposed settlements of the claims, citing 28 U.S.C. § 2677, 28 U.S.C.A. § 2677, which reads as follows: 2 'The Attorney General, with the approval of the court, may arbitrate, compromise, or settle any claim cognizable under section 1346(b) of this title (suits under the Tort Claims Act), after commencement of an action thereon.' We construe § 2677 as imposing on the District Court the authority and responsibility for passing on proposed compromises, notwithstanding the judgments of the Court of Appeals affirming the judgments of the District Court heretofore entered herein. The application and stipulations are therefore referred to the United States District Court for the Southern District of Florida with authority to consider and dispose of the same. It is so ordered. 3 Remanded. 4 Mr. Justice DOUGLAS took no part in the consideration or decision of this case.

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: This Agreement has been duly executed and delivered by the Borrowers and constitutes, and each other Loan Document when executed and delivered by each Loan Party that is party thereto will constitute, a legal, valid and binding obligation of such Loan Party enforceable against each such Loan Party in accordance with its terms, subject to (i) the effects of bankruptcy, insolvency, moratorium, reorganization, fraudulent conveyance or other similar laws affecting creditors’ rights generally, (ii) general principles of equity (regardless of whether such enforceability is considered in a proceeding in equity or at law) and (iii) implied covenants of good faith and fair dealing.

assistant: Enforceability
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 are solely responsible for maintaining the confidentiality of the login information , and you will be responsible for all uses of the login information , including purchases , whether or not authorized by you .

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: information on your plans, you should refer to your Summary Plan Descriptions covering them. If questions arise, the Legal Plan Documents will govern in all cases. Although the foregoing is a general summary of the coverages discussed in this section of the pamphlet, coupling this information, which describes the coverages as separate but related, with the other information furnished to the employees, it was reasonable for Dr. Curcio to conclude that both life and AD & D insurance would continue to be made available in equal amounts, that is, in supplemental form. Cf. 29 U.S.C. § 1024(b)(1)(A) (requires that material modifications be written in a manner calculated to be understood by the average plan participant). Genter v. Acme Scale & Supply Co., 776 F.2d 1180, 1185 (3d Cir.1985) (<HOLDING>). See also Bower v. Bunker Hill Co., 725 F.2d Options: A. holding that even though the summary plan description did not include discretionary language the grant of discretionary authority in the plan controlled B. holding that where plaintiffs alleged that the plan suffered significant losses and requested that fiduciaries make good to the plan the losses to the plan they need not seek to recover for all plan participants allegedly injured by the fiduciary breach C. holding that a subclass of plan participants could sue where the remedy sought by plaintiffs would benefit the plan as a whole and cure any harm that the plan suffered D. holding that a plan provision stating that the summary plan description and summaries of material modifications are hereby incorporated by reference and constitute a part of the plan acted to incorporate into the plan a limitations provision found only in the summary plan description E. holding that a summary plan description must not mislead misinform or fail to inform participants and beneficiaries of the plan

assistant: The best answer is E. holding that a summary plan description must not mislead misinform or fail to inform participants and beneficiaries of the plan
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 Parties may execute this Agreement in two or more counterparts, which may be exchanged by electronic scan copies, each of which shall be deemed an original, and all of which counterparts, taken together, shall constitute one and the same instrument.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: false and fraudulent information similar to the fourteen returns at trial. The government cited interviews with about twenty people conducted as part of the criminal investigation, another ten interviewed separately, and taxpayer statements that appeared in the audit files indicating that the taxpayers didn’t provide the false information. The district court did not clearly err in finding that this evidence supported a pattern of deception attributable to Littrice and that by excluding from the group of 662 returns all cases in which the taxpayer contested their audit or where no additional tax was due, the government proved by a preponderance of the evidence that the remaining returns reflected Littrice’s relevant conduct. Cf. United States v. Mehta, 594 F.3d 277, 282 (4th Cir.) (<HOLDING>), cert. denied, — U.S. -, 131 S.Ct. 279, 178 Options: A. holding that the trial court did not err in granting summary judgment to county on monell claim where plaintiff presented no evidence that similar conduct occurred in the past B. holding that the district court did not err in finding a pattern of numbers reported for various deductions that was strikingly similar to the returns proven fraudulent at trial established relevant conduct when the taxpayers agreed to pay the assessments without protest C. holding that district court did not clearly err in giving twolevel enhancement for similar conduct D. holding that trial court did not err E. holding that district court did not err in finding that similar scheme involved sophisticated means

assistant: The best answer is B. holding that the district court did not err in finding a pattern of numbers reported for various deductions that was strikingly similar to the returns proven fraudulent at trial established relevant conduct when the taxpayers agreed to pay the assessments without protest
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 and each Lender Party hereby knowingly, voluntarily, intentionally, and irrevocably (a) waives, to the maximum extent not prohibited by Law, any right it may have to a trial by jury in respect of any litigation based hereon, or directly or indirectly at any time arising out of, under or in connection with the Loan Documents or any transaction contemplated thereby or associated therewith, before or after maturity; (b) waives, to the maximum extent not prohibited by Law, any right it may have to claim or recover in any such litigation any “Special Damages”, as defined below, (c) certifies that no party hereto nor any representative or agent or counsel for any party hereto has represented, expressly or otherwise, or implied that such party would not, in the event of litigation, seek to enforce the foregoing waivers, and (d) acknowledges that it has been induced to enter into this Agreement, the other Loan Documents and the transactions contemplated hereby and thereby by, among other things, the mutual waivers and certifications contained in this section. As used in this section, “ Special Damages ” includes all special, consequential, exemplary, or punitive damages (regardless of how named), but does not include any payments or funds which any party hereto has expressly promised to pay or deliver to any other party hereto.

assistant: Waiver Of Jury Trials
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: officer was taking an interest in the plaintiff. Id. Here, no deputies under Sheriff Ball had ever engaged in sexually impermissible or suggestive conduct. And nothing in Fite’s record suggested that he had a proclivity to engage in sexually prurient behavior. As in Andrews, where we found no patently obvious need to train an officer not to rape young women even in the face of actual knowledge of deviant behavior, we do not believe that there is a patently obvious need to train an officer not to sexually assault women, especially where there is no notice at all that such behavior is likely. An objectively reasonable officer would know that it is impermissible to touch a detainee’s sexual organs by forcible compulsion. See Barney v. Pulsipher, 143 F.3d 1299, 1308 (10th Cir.1998) (<HOLDING>). Moreover, Fite himself acknowledged in his Options: A. holding that the court was not persuaded that a plainly obvious consequence of a deficient training program would be the sexual assault of inmates and that specific or extensive training hardly seems necessary for a jailer to know that sexually assaulting inmates is inappropriate behavior B. holding that even in absence of copy of written decision inmates affidavit and notations on grievance form provided trial court with information necessary to determine whether inmates suit was filed within statutory time period C. holding that inmates must demonstrate an actual injury D. holding that consent is not a defense to the charge of second degree assault where the assault occurred in the context of a prison fight between inmates E. holding that district court erred in dismissing inmates complaint for failure to exhaust administrative remedies when court did not address inmates allegation that prison officials failed to provide necessary grievance forms

assistant: The best answer is A. holding that the court was not persuaded that a plainly obvious consequence of a deficient training program would be the sexual assault of inmates and that specific or extensive training hardly seems necessary for a jailer to know that sexually assaulting inmates is inappropriate behavior
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 otherwise provided in this Security Agreement, all notices and other communications provided for hereunder shall be sent in the manner and subject to the terms of Section 9.09 of the Credit Agreement at the address or facsimile number of such party specified in the Credit Agreement, on the signature pages of this Security Agreement or at such other address or facsimile number as may be designated by such party in a notice to the other party. Except as otherwise provided in this Security Agreement, all such notices and communications shall be effective when delivered.

assistant: Notices
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: With respect to each Mortgaged Property, such Mortgaged Property is required pursuant to the related Mortgage to be (or the holder of the Mortgage can require that the Mortgaged Property be), and at origination the related originator received evidence that such Mortgaged Property was, insured by a multi-family, commercial or mixed-use general liability insurance policy (as applicable) in amounts as are generally required by multi-family, commercial and mixed-use mortgage lenders (as applicable) for similar properties, and in any event not less than $500,000 per occurrence.

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: his judgment and sentences for aggravated battery on a law enforcement officer, aggravated assault with a deadly weapon, aggravated fleeing to elude, possession of cannabis with intent to sell or deliver, and felon in possession of a firearm. He raises six points on appeal. We find no merit to his arguments with the exception of those raised in point'six regarding issues Jones preserved in his motion to correct sentencing errors filed under Florida Rule of Criminal Procedure 3.800(b)(2). First, Jones correctly argues that the habitual felony offender sentencing statute e rida Statutes (2003), should also be stricken because the trial court did not make a finding on the record of Jones’s ability to pay before imposing the fine. See Gonzalez v. State, 939 So.2d 224 (Fla. 2d DCA 2006) (<HOLDING>). Jones also challenges the $65 cost imposed Options: A. holding that court not required to find ability to pay before imposing criminal fine B. holding that where the language of the statute required the imposition of both confinement of which a portion could not be suspended and a fine the court had the ability to impose a fine and then suspend it C. holding that the statute in effect at that time ie section 7750832b florida statutes 2003 required the court to conduct an inquiry into the defendants ability to pay the fine before imposing it D. recognizing that because a district courts determination of the appropriate fine involves factual issues including the defendants ability to pay the fine imposedthe district courts calculation of the fine is entitled to deference and can be reversed on appeal only for clear error E. holding that competent substantial evidence did not support the trial courts conclusory finding that husband had the present ability to pay and noting that the presumption of section 61145a florida statutes is rebuttable

assistant: The best answer is C. holding that the statute in effect at that time ie section 7750832b florida statutes 2003 required the court to conduct an inquiry into the defendants ability to pay the fine before imposing it
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 Restricted Subsidiary to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges and franchises material to the conduct of the businesses of each of the Borrower and the Restricted Subsidiaries and maintain, if necessary, its qualification to do business in each other jurisdiction in which its Oil and Gas Properties are located or the ownership of its Properties requires such qualification, except where the failure to so qualify could not reasonably be expected to have a Material Adverse Effect; provided that the foregoing shall not prohibit any merger, consolidation, liquidation, dissolution or other transaction permitted under Section 9.11 or Section 9.12 .

assistant: Existence
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 Participant’s employment with the Company and its Affiliates terminates because of death at a time when the Participant could not have been terminated for Cause, then, effective as of the date the Company determines the Participant’s employment terminated due to death (provided such determination is made no later than the end of the calendar year following the calendar year in which death occurs), the Participant shall become fully vested in all of the Restricted Shares or Restricted Share Units subject to this Award and any remaining Restriction Period shall automatically lapse.

assistant: Death