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

user: Read the legal provision and list the applicable contract clause categories. Provision: Notwithstanding any other provision of the Agreement or these Terms and Conditions to the contrary, if you die before the Second Anniversary Date and while in the active employ of one or more members of the Company Group, all remaining Forfeiture Restrictions will immediately lapse on the date of your Termination of Employment due to death.

assistant: Death
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: 17 n. 7; see also Vinson v. Commonwealth, 258 Va. 459, 469, 522 S.E.2d 170, 177 (1999); Janis v. Commonwealth, 22 Va.App. 646, 651, 472 S.E.2d 649, 652, aff'd on reh’g en banc, 23 Va.App. 696, 479 S.E.2d 534 (1996); Penn v. Commonwealth, 13 Va.App. 399, 406-07, 412 S.E.2d 189, 193 (1991), aff'd per curiam, 244 Va. 218, 420 S.E.2d 713 (1992); Thompson v. Commonwealth, 10 Va.App. 117, 122, 390 S.E.2d 198, 201 (1990). The DUI statutes nowhere provide for a suppression remedy for procedural violations. Instead, Code § 18.2-268.11 states that a violation of the procedural steps of Code §§ 18.2-268.2 through 18.2-268.9 “shall go to the weight of the evidence and shall be considered with all the evidence in the case.” See Shumate v. Commonwealth, 207 Va. 877, 883, 153 S.E.2d 243, 247 (1967) (<HOLDING>); Snider v. Commonwealth, 26 Va.App. 729, 734, Options: A. holding that a challenge to the weight of the evidence is waived for failure to present the issue first to the trial court B. holding that procedural violations merely affect the weight of the evidence C. holding that the postconviction court is the sole judge of the weight of the evidence and the credibility of witnesses D. holding that new evidence must be evidence that is not merely cumulative E. holding that allegation of procedural injury does not affect the issues of injury in fact or causation

assistant: The best answer is B. holding that procedural violations merely affect the weight of the evidence
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The parties shall share the costs of arbitration equally, except that the Parent or the Company shall bear the cost of the arbitrator’s fee and any other type of expense or cost that Executive would not be required to bear if he were to bring the dispute or claim in court. The Parent, the Company and Executive shall be responsible for their own attorneys’ fees, and the arbitrator may not award attorneys’ fees unless a statute or contract at issue specifically authorizes such an award.

assistant: Costs
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: items, the District Court granted the State’s motion in limine which precluded him from offering evidence of mental disease or defect at trial. This Court previously affirmed Montana’s reciprocal discovery provisions against attack on the same constitutional grounds in State ex rel. Carkulis v. District Court (1987), 229 Mont. 265, 746 P.2d 604, appeal dismissed, Carkulis v. Montana (1988), 487 U.S. 1201, 108 S. Ct. 2839, 101 L. Ed. 2d 877. We likewise upheld Montana’s discovery statutes in subsequent cases. See State v. Miller (1988), 231 Mont. 497, 757 P.2d 1275 (prohibiting defendant from offering testimony of a private investigator for impeachment because defendant failed to disclose the private investigator’s report); State v. Kills on Top (1990), 241 Mont. 378, 787 P.2d 336 (<HOLDING>). In Carkulis, the defendant refused to Options: A. holding that defendant could not claim error in part because he did not request the district court to review the witness reports in question which would allow the district court to review the statements and excise incriminating information B. holding that plain error review applies to objections that were not raised when the district court asked the appropriate question at the conclusion of the sentencing hearing C. holding that plain error review applies when a party fails to raise a claim before the district court D. holding that even if the district court erred in sustaining the objection the error was harmless because the witness answered the question in the negative and the court did not strike his answer E. holding that when a court of appeals has jurisdiction on interlocutory appeal the scope of appellate review is not limited to the precise question certified by the district court because the district courts order not the certified question is brought before the court

assistant: The best answer is A. holding that defendant could not claim error in part because he did not request the district court to review the witness reports in question which would allow the district court to review the statements and excise incriminating information
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 amended from time to time by the Board in its discretion; provided , however , that this Agreement may not be modified in a manner that would have a materially adverse effect on the Stock Units as determined in the discretion of the Board, except as provided in the Plan or in a written document signed by each of the parties hereto.

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 legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Delivery by facsimile or other electronic imaging means (including .pdf or .tif) of an executed counterpart of a signature page to this Agreement shall be effective as delivery of an original executed counterpart of this Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the light most favorable to the verdict, we cannot conclude Lofti’s testimony established appellant occupied the premises during the pendency of the appeal. Although Plaza Centro correctly notes Lofti testified that appellant did not vacate the premises, Lofti also testified that he had not been on the property, did not know whether the premises had been occupied since Plaza Centro purchased the property, and did not know whether Tierrablanca or Rainbow Seafood were ever open for business. Additionally, Lofti was unaware of anyone living on the premises. A bare conclusion with no basis in fact cannot support a judgment even when no objection was made to the statements at trial. See Cas. Underwriters v. Rhone, 134 Tex. 50, 53-54, 132 S.W.2d 97, 99 (Tex. Comm’n App.1939, judgm’t adopted) (<HOLDING>); see also Tex R. Evid. 602 (“A witness may not Options: A. recognizing a ruling sustaining a motion in limine merely adds a procedural step to the offer of evidence and that if the evidence is not offered there is nothing preserved to review on appeal B. holding that bare conclusions did not amount to any evidence at all and the fact that they were admitted without objection adds nothing to their probative force C. holding that the foundational prerequisites are unnecessary where the test result is admitted in evidence without objection when evidence of one of the issues in the case is admitted without objection the party against whom it is offered waives any objection to the evidence and it may be properly considered even if the evidence would have been excluded upon a proper objection D. holding any error in admission of evidence cured when same evidence later admitted without objection E. holding exhibits deemed admitted into evidence where they were treated below without objection as if they were admitted

assistant: The best answer is B. holding that bare conclusions did not amount to any evidence at all and the fact that they were admitted without objection adds nothing to their probative force
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: 8.2 you may link to our home page , provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it , but you must not establish a link in such a way as to suggest any form of association , approval or endorsement on our part where none exists .

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: Guarantor acknowledges and agrees that this Guaranty accurately represents and contains the entire agreement between Guarantor and Holder with respect to the subject matter hereof, that Guarantor is not relying, in the execution of this Guaranty, on any representations (whether written or oral) made by or on behalf of Holder except as expressly set forth in this Guaranty, and that any and all prior statements and/or representations made by or on behalf of Holder to Guarantor (whether written or oral) in connection with the subject matter hereof are merged herein. This Guaranty shall not be waived, altered, modified or amended as to any of its terms or provisions except in writing duly signed by Holder and Guarantor.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Termination of this Agreement will not affect any right or obligation of any party which is accrued or vested prior to such termination. Without limiting the scope of the preceding sentence, the provisions of Sections 6, 7, 8 and 13, and those provisions necessary to interpret and apply them will survive any termination of this Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the application so that it may be completed, and naturalization accomplished, before the child’s eighteenth birthday. Due to an INS clerk’s error, however, petitioner’s application was not expedited, and when his son turned eighteen before the petition had been completely processed, the INS denied his application on that basis ... Thus, but for the INS’ error in failing to expedite the application, as was its usual practice, petitioner’s son would have been naturalized. Equitable principles do not require this Court to approve the denial of the naturalization of petitioner’s son due to an error of the INS’ own making; this Court, therefore, holds that the INS is estopped from denying the application. Tubig, 559 F.Supp. at 3-4 (citing Villena v. INS, 622 F.2d 1352 (9th Cir.1980) (<HOLDING>)); Sun Il Yoo v. INS, 534 F.2d 1325 (9th Options: A. holding that a 15month delay of which four months were unexplained was reasonable in a felony prosecution B. holding delay of two years and four months lengthy enough to warrant review of other factors C. holding that a fiftyfive day gap was a lengthy delay D. holding that unexplained and lengthy delay in processing an applicants petition for naturalization amounts to affirmative misconduct which operated to estop ins from deporting petitioner due to a change in his status which arose from the delay E. holding that when determining whether a delay in prosecution violates a defendants right to a speedy trial courts must consider the length of the delay the reason for the delay whether the defendant asserted his rights and the resulting prejudice to the defendant

assistant: The best answer is D. holding that unexplained and lengthy delay in processing an applicants petition for naturalization amounts to affirmative misconduct which operated to estop ins from deporting petitioner due to a change in his status which arose from the delay
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: 388 U.S. 450 87 S.Ct. 2095 18 L.Ed.2d 1312 Dave ROSENBLOOMv.VIRGINIA. No. 366. Supreme Court of the United States June 12, 1967 Seymour Horwitz and Melvin L. Wulf, for petitioner. James B. Wilkinson, for respondent. On Petition for Writ of Certiorari to the Supreme Court of Appeals of Virginia. PER CURIAM. 1 The petition for a writ of certiorari is granted and the judgment of the Supreme Court of Appeals of Virginia is reversed. Sunshine Book Co. v. Summerfield, 355 U.S. 372, 78 S.Ct. 365, 2 L.Ed.2d 352. 2 Mr. Justice HARLAN adheres to the views expressed in his separate opinions in Roth v. United States, 354 U.S. 476, 496, 77 S.Ct. 1304, 1 L.Ed.2d 1498, and A Book Named 'John Cleland's' Memoirs of a Woman of Pleasure v. Attorney General of Com. of Massachusetts, 383 U.S. 413, 455, 86 S.Ct. 975, 16 L.Ed.2d 1, and on the basis of the reasoning set forth therein would affirm.

assistant: 3
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 shall not ( or attempt to ) purchase , sell , rent or give away your account , create an account using a false identity or information , or on behalf of someone other than yourself ; you shall not use the service if you have previously been removed by supercell , or previously been banned from playing any supercell game .

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: This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements between the parties concerning such subject matter, including the Prior Agreement (other than the Restrictive Covenants).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: In connection with your retirement as CEO in accordance with Section 1 above, subject to your satisfaction of the Release Requirement described in Section 4 below and in lieu of any other severance or separation payments or benefits under the Company’s compensation and benefit plans and arrangements, the Company shall provide you with the payments and benefits described in this Section 3.

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: Payment of the purchase price for, and delivery of, the Securities shall be made at the offices of Cravath, Swaine & Moore LLP, 825 Eighth Avenue, New York, New York 10019, or at such other place as shall be agreed upon by the Representatives and the Company, at 9:00 a.m. (New York City time) on October 25, 2017 (unless postponed in accordance with the provisions of Section 10), or such other time not later than five business days after such date as shall be agreed upon by the Representatives and the Issuer (such time and date of payment and delivery being herein called the “ Closing Date ”).

assistant: Payments
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: Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure or other obligations shall be released promptly following (i) the elimination of the applicable Fronting Exposure or other obligations giving rise thereto (including by the termination of Defaulting Lender status of the applicable Lender (or, as appropriate, its assignee following compliance with Section 10.06(b)(vii) )) or (ii) the Administrative Agent’s good faith determination that there exists excess Cash Collateral; provided , however , (x) that Cash Collateral furnished by or on behalf of a Loan Party shall not be released during the continuance of a Default or Event of Default (and following application as provided in this Section 2.16 may be otherwise applied in accordance with Section 8.03 ), and (y) the Person providing Cash Collateral and the L/C Issuer or Swing Line Lender, as applicable, may agree that Cash Collateral shall not be released but instead held to support future anticipated Fronting Exposure or other obligations.

assistant: Releases
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 consideration for the Services, the Company shall pay Consultant at the rate of $40,000 per month, with a pro-rated amount to be paid for any partial month during the Term. The monthly fee for each month of the Term shall be processed during the last week of the month and paid on or before the fifth business day of the following month.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: after the first thirty ( 30 ) day period following the start of your subscription you will not receive a refund of any portion of the subscription fee paid for the then current subscription period at the time of cancellation .

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: this ease is to certify a class to determine the issue of whether Beverly systematically and chronically understaffed the Batesville nursing facility and then to decertify the class, if necessary, to determine individual restitution and damage claims as well as any defenses in separate proceedings.” Thomas, 370 Ark. at 320, 259 S.W.3d at 451 — 52. The same is true here. Determining the central questions whether understaffing creates contractual or statutory liability and whether chronic understaffing occurred are more efficiently handled in a single proceeding. Otherwise, there exists the possibility of a multiplicity of suits across the state with the potential that circuit courts may reach inconsistent results. See Summons v. Missouri Pac. R.R., 306 Ark. 116, 813 S.W.2d 240 (1991) (<HOLDING>). We also do not agree that efficiency is Options: A. holding that whether or not claimant would have returned to work at all was a question of fact B. holding it is a question of fact C. holding that actual apportionment of damages is a question of fact D. holding that the repeated litigation of the liability question and the possibility of inconsistent results outweighed the fact that each claimant would have different evidence regarding damages E. holding that generally the question of waiver and estoppel is a question of fact

assistant: The best answer is D. holding that the repeated litigation of the liability question and the possibility of inconsistent results outweighed the fact that each claimant would have different evidence regarding damages
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: Schedule 4.6 sets forth unaudited financial statements of the Radiopharmacy Business consisting of (a) the balance sheets of the Radiopharmacy Business as at December 31, 2014 and December 31, 2015 and the related statements of income for the fiscal years ended December 31, 2014 and December 31, 2015 and (b) the interim balance sheet of the Radiopharmacy Business as at June 30, 2016 (such date, the “ Interim Balance Sheet Date ”) (such balance sheet, the “ Interim Balance Sheet ”) and the related year-to-date statement of income for the three (3) months then ended (collectively, the “ Financial Statements ”). The Financial Statements have been specially prepared for purposes of this Agreement from the books and records of Seller and the Company using the Applicable Accounting Principles and (taking into account the Applicable Accounting Principles and the corporate services and assets allocated to the Radiopharmacy Business) fairly present, in all material respects, the financial position and results of operations of the Radiopharmacy Business as of the date thereof or the period then ended. The books and records of Seller (as they relate to the Company) and the Company are complete and correct in all material respects and have been maintained in accordance with sound business practices, consistent with industry standards.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Defendant were found to be negligent per se by virtue of violating a safety regulation. However, the Defendant neither objected to the absence of an instruction on the effect of the jury’s finding negligence per se nor requested such an instruction. This Court has long recognized that the omission of a jury instruction is not reversible error if the party complaining of the error on appeal failed to request an appropriate instruction from the trial judge. See, e.g., Rule v. Empire Gas Corp., 563 S.W.2d 551, 554 (Tenn.1978) (“The trial judge did not err in failing to instruct the jury respecting contributory negligence and assumption of risk, since the defendants made no request at trial for such instructions.”); Louisville & Nashville R.R. v. Wynn, 88 Tenn. 320, 14 S.W. 311, 314 (1890) (<HOLDING>). Moreover, the Defendant has not identified Options: A. holding that failure to try issue made instruction on that issue reversible error B. holding that in admitting evidence the failure of the trial court to give a limiting instruction sua sponte is not reversible error C. holding that the district courts failure to instruct the jury as to the proper standard of proof constituted plain error D. holding that because the jury instructions were not improper the failure of petitioners trial counsel to object or request an additional instruction was not objectively unreasonable E. holding that trial courts failure to provide additional instructions as to plaintiffs burden of proof in negligence case was not reversible error there having been no proper and accurate request for such instruction

assistant: The best answer is E. holding that trial courts failure to provide additional instructions as to plaintiffs burden of proof in negligence case was not reversible error there having been no proper and accurate request for such instruction
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 and all notices or other communications or deliveries required or permitted to be provided hereunder shall be in writing and shall be deemed given and effective on the earliest of: (a) one Trading Day after the date of transmission, if such notice or communication is delivered via, email to the email address set forth on the signature pages attached hereto, set forth on the signature pages attached hereto prior to 5:30 p.m. (New York City time) on a Trading Day, with written confirmation of successful transmission, (b) the next Trading Day after the date of transmission, if such notice or communication is delivered via, email, to the email address set forth on the signature pages attached hereto on a day that is not a Trading Day or later than 5:30 p.m. (New York City time) on any Trading Day, (c) the second Trading Day following the date of mailing, if sent by U.S. nationally recognized overnight courier service or (d) upon actual receipt by the party to whom such notice is required to be given. The address for such notices and communications shall be as set forth on the signature pages attached hereto.

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: conference. At the status conference, the Commonwealth announced its plan to file a motion for reconsideration of Judge Skinner’s denial of the motion to dismiss for lack of subject matter jurisdiction. The Commonwealth filed the motion for reconsideration of Judge Skinner’s ruling on October 22, 1997. On December 2, 1997, Chief Magistrate Judge Alexander transferred the case back to Judge Wolf, who later transferred the case to this Court on March 2, 1999. The motion for reconsideration is now before this Court. B. Standard for Motion for Reconsideration A federal district court has the discretion to reconsider interlocutory orders and revise or amend them at any time prior to final judgment. See Bethlehem Steel Export Corp. v. Redondo Constr. Corp., 140 F.3d 319, 321 (1st Cir.1998) (<HOLDING>); Perez-Ruiz v. Crespo-Guillen, 25 F.3d 40, 42 Options: A. holding that the court had an adequate record to grant the defendants motion for summary judgment because the relevant evidence would have been in plaintiffs possession B. holding that a district court judge to whom a case had been reassigned could grant the defendants motion for summary judgment after the previous judge had denied the motion C. holding that it was not error for successor trial judge to direct a judgment for defendant based on the statute of limitations where initial judge had denied a motion for summary judgment on the same issue D. holding that trial judge did not err in refusing to transfer to another judge defendants motion for substitution of judge for cause where defendants motion was not made in good faith E. holding that trial judge did not err in refusing to transfer to another judge defendants motion for substitution of judge for cause where defendants motion lacked specificity

assistant: The best answer is B. holding that a district court judge to whom a case had been reassigned could grant the defendants motion for summary judgment after the previous judge had denied the motion
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 Security Agreement shall be governed by and construed in accordance with (i) the laws of the State of New York, without reference to conflicts of law rules (except to the extent governed by the UCC) and (ii) the Communications Act of 1934, as amended, and the rules, regulations and policies promulgated thereunder, as in effect at such time.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Equal to Target Bonus . The Executive shall become entitled to receive an amount equal to the annual target bonus in effect for the Executive for the year in which the Executive’s Involuntary Termination occurs (the “ Termination Bonus ”). Such amount shall be paid in a lump sum on the first business day, within the sixty (60)-day period measured from the later of (i) the date of the Executive’s Separation from Service due to such Involuntary Termination or (ii) the closing date of the Change in Control, on which the Release is effective, unless a further deferral is required pursuant to Part Five – 4 of this Agreement. The payment shall be subject to the Corporation’s collection of all applicable withholding taxes, and the Executive shall receive only the net amount remaining after such taxes have been collected. In no event shall any Termination Bonus be paid unless the Change in Control transaction is in fact consummated.

assistant: Payments
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: “provides that in exceptional circumstances, a statute of limitations ‘may be extended for equitable reasons not acknowledged in the statute creating the limitations period.’ ” Neverson v. Farquharson, 366 F.3d 32, 40 (1st Cir.2004)(quoting David v. Hall, 318 F.3d 343, 345-46 (1st Cir.2003)). This Circuit has yet to address the question of “whether the BIA has either the authority or the obligation” to apply equitable tolling in the immigration context. Guerrero-Santana, 499 F.3d at 93. What is well-established, however, is that the doctrine of equitable tolling should be “sparingly invoked.” Jobe v. INS, 238 F.3d 96, 100 (1st Cir.2001) (en banc). Equitable tolling is generally unavailable to excuse a party who has failed to exercise due diligence. See Beltre-Veloz, 533 F.3d at 11 (<HOLDING>); Jobe, 238 F.3d at 101 (stating that Options: A. holding filing of motion for reconsideration does not toll the 30day deadline for filing petition for review B. holding that equitable tolling is applicable only in extreme cases noting that courts have been generally unforgiving when a late filing is due to the failure to exercise due diligence in preserving legal rights C. holding that a prisoner had failed to demonstrate diligence for purposes of equitable tolling for the same reason that he had failed to show diligence to invoke the statute of limitations under 2255f4 where he had waited several years before pursuing expungement of his disciplinary actions D. holding that aliens failure to exercise due diligence in not inquiring into immigration status for eight years despite knowing that removal proceedings had commenced precluded equitable tolling of deadline for filing motion to reopen E. holding that the 180day filing deadline applicable to motions to reopen from removal orders filed in absentia is not jurisdictional

assistant: The best answer is D. holding that aliens failure to exercise due diligence in not inquiring into immigration status for eight years despite knowing that removal proceedings had commenced precluded equitable tolling of deadline for filing motion to reopen
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: government also argues that, even if New Hampshire law operates this way (i.e., the way the New Hampshire Supreme Court has said it does), then "that would constitute a 'legal fiction’ that could not take the matter out of the federal principle that relation back cannot apply to federal tax liens.” But that argument is unavailing here because (1) the government failed to make it in its summary judgment objection, see Platten, 437 F.3d at 139, and (2) the sole case cited in support, Drye v. United States, 528 U.S. 49, 120 S.Ct. 474, 145 L.Ed.2d 466 (1999), does not stand for the proposition that a state-law "legal fiction” — a term the decision uses once and does not define — has no effect on the priority of federal tax liens, as the government seems to suggest. Id. at 52, 120 S.Ct. 474 (<HOLDING>) (bracketing by the Court Options: A. holding that state property tax liens are not entitled to the states statutory interest rate as a matter of law rather the appropriate rate of interest is determined by the equities of each case B. holding that the right to disclaim property under state law does not defeat a federal tax lien because the taxpayer exercised control over the disposition of the property C. holding that the nature of the taxpayers legal interest in the subject property is determined by reference to state law D. holding that any property in which the taxpayer has any right title or interest is subject to foreclosure proceeding including property in which others claim an interest so long as all persons having liens or claiming any interest in the property are joined as parties to the suit E. holding that a taxpayers interest as an heir to his mothers estate constituted property or a right to property to which federal tax liens attached despite his exercise of the prerogative state law accorded him to disclaim the interest retroactively

assistant: The best answer is E. holding that a taxpayers interest as an heir to his mothers estate constituted property or a right to property to which federal tax liens attached despite his exercise of the prerogative state law accorded him to disclaim the interest retroactively
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: In connection with any Discounted Term Loan Prepayment, the Borrowers and the Lenders acknowledge and agree that the Administrative Agent may require as a condition to any Discounted Term Loan Prepayment, the payment of customary fees and expenses from the Borrowers in connection therewith.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: 2112, 2189 ("[traditionally, the interest of truth in the administration of justice has been subordinated in the law to the interest of preserving privileged communications where [certain] relationships have been involved: ... husband-wife_ [18 U.S.C. §2517(4)] is intended to vary the existing law only to the extent that an otherwise privileged communication does not lose its privileged character because it is intercepted by a stranger"). See also 18 Pa. C.S.A. § 5711 ("[n]o otherwise privileged communication intercepted in accordance with, or in violation of, the provisions of this chapter shall lose its privileged character.”); U.S. v. Geller, 560 F.Supp. 1309, 1326 (E.D.Pa.1983), aff'd, 3rd Cir., 745 F.2d 49 (1984), cert. denied, 469 U.S. 1109, 105 S.Ct. 786, 83 L.Ed.2d 780 (1985) (<HOLDING>). 28 . 370 U.S. 139, 82 S.Ct. 1218, 8 L.Ed.2d Options: A. holding for the purposes of 18 usc 924e that being a felon in possession of a firearm is not a violent felony as defined in 18 usc 924e2b B. holding that 18 usc 1919 did not implicitly repeal 18 usc 1001 C. holding 18 pacsa 7508 effectuates the legislative purpose of reducing drug crimes D. holding that 18 pacsa 5711 and its federal counterpart 18 usc 25174 prevent the government from introducing recordings of communications between spouses resulting from tap on third partys telephone E. holding that the relating to parenthetical in 18 usc 1961 was merely to aid identification of 18 usc 2314 rather than to limit its application

assistant: The best answer is D. holding that 18 pacsa 5711 and its federal counterpart 18 usc 25174 prevent the government from introducing recordings of communications between spouses resulting from tap on third partys telephone
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: Purchaser has the right, power, authority and capacity to execute and deliver this Agreement, to consummate the transactions contemplated hereby and to perform its obligations under this Agreement. This Agreement constitutes the legal, valid and binding obligations of Purchaser, enforceable against Purchaser in accordance with the terms hereof.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of his child” and holding that “[although his wife was certainly a very direct victim of China’s population control measures, Zhang was a victim as well. The forcible abortion has deprived him of his unborn child, of the ability to realize the family that his wife and he had desired, and forever deprived him of the ability to become a parent to that unborn son or daughter with his wife”); see also Ouk v. Gonzales, 464 F.3d 108, 111 (1st Cir.2006) (noting that “[u]n-der the right set of circumstances, a finding of past persecution might rest on a showing of psychological harm” (quotation marks omitted)); Mashiri v. Ashcroft, 383 F.3d 1112, 1120 (9th Cir.2004) (“Persecution may be emotional or psychological, as well as physical.”); Abay v. Ashcroft, 368 F.3d 634, 642 (6th Cir.2004) (<HOLDING>). The BIA also determined that there were not Options: A. holding that the applicant was entitled to asylum based on her fear that her daughter will be forced to undergo female genital mutilation because her fear of being forced to witness the pain and suffering of her daughter is wellfounded B. holding that trial court properly terminated fathers obligation to support his seventeenyearold daughter who refused to live with father but instead chose to reside in her own apartment after her mother moved out of state where daughter offered no justifiable reason for not living with her father daughter only contended that her stepmother was too neat for her and that she wanted to live closer to her friends C. holding that debtors daughter was not liable under fraudulent transfer law for the amount her parents paid for her wedding prepetition D. holding that threatening employee to mind her own business investigating her videotaping her without her permission and forcing her to take polygraph could not be considered adverse employment actions because they had no effect on conditions of employment E. holding that a letter from an aliens mother stating that elders were asking when the alien would return to undergo female genital mutila tion corroborated the aliens story that she had been pressured to undergo female genital mutilation

assistant: The best answer is A. holding that the applicant was entitled to asylum based on her fear that her daughter will be forced to undergo female genital mutilation because her fear of being forced to witness the pain and suffering of her daughter is wellfounded
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: Between the date hereof and the Closing Date, Sailfish shall, to the extent reasonably requested by Apple and Ride, cooperate in good faith in the consideration of any potential reasonable modifications to the Transaction Steps. Subject to the consent of Sailfish, which may not be unreasonably withheld, conditioned or delayed, Apple or Ride may modify the Green Reorganization steps and the Green Contribution steps applicable to it to the extent reasonably necessary, appropriate or convenient to facilitate the contribution of the Equity Interests of the Green Entities, the Apple Blockers and the Ride Blocker to New Sailfish, and in such event, the Parties shall cooperate reasonably to enter into any necessary amendments or modifications to this Agreement, the Transaction Agreement or any of the other agreements contemplated therein in order to effectuate such modifications; provided , that (a) neither Apple nor Ride shall be required to enter into any amendment that increases any obligation or liability of such Party and (b) Sailfish shall not be required to consent to any modifications to the Green Reorganization steps or the Green Contribution steps or any amendment to any Combination Agreement that would (i) have an adverse effect on New Sailfish and its Subsidiaries, from and after the Closing, (ii) have an adverse effect on the value of the New Sailfish Common Stock to be issued in the Merger, (iii) violate applicable Law or (iv) reasonably be expected to prevent or materially delay the Closing.

assistant: Modifications
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 together with the Stockholders Agreement and the other agreements referenced in Section 5.4 of the Stockholders Agreement constitutes the entire agreement among the Parties pertaining to the subject matter hereof and thereof and supersedes all prior agreements and understandings of the Parties in connection herewith and therewith, and no covenant, representation or condition not expressed in this Agreement, the Stockholders Agreement or such other agreements referenced in Section 5.4 of the Stockholders Agreement shall affect, or be effective to interpret, change or restrict, the express provisions of this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: If any provision of this Agreement is found to be unenforceable or otherwise invalid under applicable law, such provision shall be ineffective only to the extent of such invalidity and the remaining provisions of this Agreement shall remain in full force and effect.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: times — three times during the first test and four times during the second test. Finally, Silman administered the “walk and turn” field sobriety test to Bullock twice. During these tests, Bullock started early both times, was unable to keep his bala ouston [14th Dist.] 1998, pet. ref'd) (permitting ninety-minute detention because officers did not continue to hold appellant after all legitimate components of investigative detention had been completed). We overrule Bullock’s sole issue. Conclusion We hold that lay while awaiting arrival of rookie officer for on-the-job training in DWI investigation was for legitimate law enforcement purposes); Dickson v. State, No. 03-06-00126-CR, 2006 WL 3523789, at *3-4 (Tex.App.-Austin Dec. 6, 2006, no pet.) (mem. op., not designated for publication) (<HOLDING>). 4 . See abo Smith, 2007 WL 700834, at *3-4. 5 Options: A. holding delay in dwi investigation primarily for arrival of rookie officer for purpose of training was reasonable because delay furthered legitimate law enforcement purposes B. holding fiveto fifteenminute delay in dwi investigation primarily so that another officer could bring a video camera to the scene was reasonable because delay furthered legitimate law enforcement purposes C. holding that delay while awaiting arrival of dwi enforcement officer even though officer who initiated the stop was qualified to perform dwi investigation was for legitimate law enforcement purposes because dwi officer brought greater expertise to scene and could complete dwi investigation more rapidly D. holding that legitimate law enforcement interests were served by local police officers delay while waiting for state police officer to arrive to conduct dwi investigation because state officers had more dwi experience and local officers needed to be available to respond to emergencies E. holding approximately twentyminute delay in dwi investigation primarily to await arrival of dwi enforcement officer was reasonable because delay furthered reasonable law enforcement purposes

assistant: The best answer is C. holding that delay while awaiting arrival of dwi enforcement officer even though officer who initiated the stop was qualified to perform dwi investigation was for legitimate law enforcement purposes because dwi officer brought greater expertise to scene and could complete dwi investigation more rapidly
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 $2,500,000 in principal amount of the Notes. Each Purchaser shall deliver to the Company, via wire transfer or a certified check, immediately available funds equal to such Purchaser’s Subscription Amount as set forth on the signature page hereto executed by such Purchaser, and the Company shall deliver to each Purchaser its respective Note, as determined pursuant to Section 2.2(a), and the Company and each Purchaser shall deliver the other items set forth in Section 2.2 deliverable at the Closing. Upon satisfaction of the covenants and conditions set forth in Sections 2.2 and 2.3, the Closing shall occur at the offices of Company Counsel or such other location as the parties shall mutually agree.

assistant: Closings