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: approach and applied it in numerous cases,” they point to only one example: Certain Automotive Replacement Glass Windshields from the People’s Republic of China, 67 Fed.Reg. 6482, 6485 (Dep’t Commerce Feb. 12, 2002)(final determination). Id. This determination is not on point. Although, in that investigation, Commerce indicated that "consistent with its practice,” it would continue not to use market economy inputs "if they are insignificant or purchased outside of the period of investigation” the matter itself did not involve pre- or post-POI inputs. 67 Fed.Reg. at 6485. Instead, the issue there was whether the purchase of market economy inputs was "meaningful.” See e.g., Shakeproof Assembly Components Div. of Ill. Tool Works Inc. v. United States, 268 F.3d 1376, 1382 (Fed.Cir.2001) Options: A. holding merely that to the extent a breaching party claims that the appropriate measure of damages is the difference between the contract price and the market price it holds the burden of proving that there is in fact an available market for the goods in issue B. holding that when determining the proper amount for a burdened property that was purchased in a package only two methods suggest themselves as arguably appropriate 1 a determination of the fair market value of the property burdened by the right of first refusal or 2 a determination of the portion of the purchase price which based on the percentage of the fair market value of the entire package represented by the property burdened by the right of first refusal should be allocated to the property burdened by the right of first refusal C. recognizing that the factors of production for domestically purchased merchandise may be obtained by extrapolating the market economy import price only when a meaningful amount of merchandise is imported D. holding that the market price is understood to mean the current market price being paid for gas at the well where it is produced E. holding that the measure of damages for the breach of a contract of sale where no fraud is shown is the difference between the contract price and the market price of the goods on the date of the breach

assistant: The best answer is C. recognizing that the factors of production for domestically purchased merchandise may be obtained by extrapolating the market economy import price only when a meaningful amount of merchandise is imported
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 provision of this Agreement which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not ( i ) invalidate or render unenforceable such provision in any other jurisdiction or ( ii ) invalidate the Lien Priority or the application of Proceeds and other priorities set forth in this Agreement.

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: discharge claim because it was filed after Plaintiff was terminated. Plaintiff claims his next most recent EEOC filing is a harassment complaint against Jerome Hairston dated April 19, 1999. Almost fifteen months passed between Plaintiffs protected EEOC activity and his discharge on July 14, 2000. Similarly, Plaintiffs environmental complaints occurred in March and April of 1999 and he wrote letters to various politicians in May of 1999. “A lengthy time lapse between the employer becoming aware of the protected activity and the alleged adverse employment action ... negates any inference that a causal connection exists between the two.” Dowe v. Total Action Against Poverty in Roanoke Valley, 145 F.3d 653, 657 (4th Cir.1998). See also Causey v. Balog, 162 F.3d 795, 803 (4th Cir.1998) (<HOLDING>) Plaintiff presents no direct evidence of a Options: A. holding that an eight month interval between the two events is not strongly suggestive of a causal link B. holding that three to five months is a short enough time lapse between eeo activity and reprisal to establish a causal connection C. holding that a three month interval between protected activity and adverse act is too long standing alone to establish an inference of retaliation D. holding causal link between alleged discriminatory remarks and adverse employment action insufficient E. holding that absent other evidence a thirteenmonth interval between an eeo charge and alleged retaliatory termination was too long to establish a causal link

assistant: The best answer is E. holding that absent other evidence a thirteenmonth interval between an eeo charge and alleged retaliatory termination was too long to establish a causal link
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Upon Employee’s death or permanent disability during the Employment Period, the employment relationship created pursuant to this Agreement will immediately terminate and no further compensation will become payable to Employee pursuant to Section 6 or Section 7 . Should Employee’s employment with the Company terminate by reason of Employee’s death or permanent disability during the Employment Period, (i) the unpaid base salary earned by Employee pursuant to Section 6.A for services rendered through the date of Employee’s death or permanent disability, as applicable, (ii) any accrued but unpaid compensation pursuant to Section 6.C determined by the Compensation Committee, in its sole direction, to have been earned in respect of the immediately preceding calendar year (“ Bonus Amount ”) as of the date of death or permanent disability, (iii) any accrued but unpaid paid time off (“ PTO ”), if any, (iv) unreimbursed amounts under Section 7.A , and (v) the limited death, disability, and/or income continuation benefits provided under Section 7.B , if any, will be payable within thirty (30) days of the death or permanent disability, excluding any Bonus Amount, which will be paid in accordance with Section 6.C . For purposes of this Agreement, Employee will be deemed “ permanently disabled ” if Employee is so characterized pursuant to the terms of the Company’s disability policies or programs applicable to Employee from time to time, or if no such policy is applicable, if Employee is unable to perform his duties or responsibilities to the Company as a result of physical or mental ailment or incapacity for an aggregate period of one hundred and eighty (180) calendar days (whether or not consecutive).

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: to a transfer of tangible personal property: (iv) to a limited liability company only as a capital contribution or in consideration for an interest in the limited liability company."); Mo. Ann. Stat. § 144.011(4) (West 2010) (sales and use tax provision declaring that "the definition of 'retail sale' or 'sale at retail' shall not be construed to include ... [the transfer of tangible personal property to a corporation by a shareholder as a contribution to the capital of the transferee corporation"); see also Mo. Ann. Stat. § 144.617(4) (West 2010) (denoting "[the transfer of tangible personal property to a corporation by a shareholder as a contribution to the capital of the transferee corporation" as one exemption to the sales and use tax); N , 605 N.W.2d 283, 292 (Wis.Ct.App.1999) (<HOLDING>). But see Mandell v. Gavin, 262 Conn. 659, 816 Options: A. holding transfer of legal title to property as a capital contribution to llc was in exchange for valuable consideration and constituted a sale of the property B. holding transfer of capital accounts from a limited partnership to a llc was valuable consideration for purposes of imposing state real estate transfer fee because the members received new rights and privileges C. holding that it is not a collusive transaction when valuable consideration is paid to transfer a debt to a bona fide purchaser even if the transfer was for the purpose of invoking diversity jurisdiction D. holding that transfer of property to llc involved no consideration for state conveyance tax purposes because it was a unilateral act and not the result of a bargainedfor exchange E. holding that dividend paid to llc members was not a transfer for reasonably equivalent value

assistant: The best answer is B. holding transfer of capital accounts from a limited partnership to a llc was valuable consideration for purposes of imposing state real estate transfer fee because the members received new rights and privileges
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: by unpublished PER CURIAM opinion. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Gokhan Bergal appeals the district court’s order denying his motion for an extension of time to appeal the court’s August 6, 2015, order denying his motions for a sentence reduction under 18 U.S.C. § 3582(c)(2) (2012). Bergal did not seek an extension of time until November 13, nearly two months after the expiration of the excusable neglect period. See Fed. R.App. P. 4(b)(1)(A), (4); cf. Houston v. Lack, 487 U.S. 266, 276, 108 S.Ct. 2379, 101 L.Ed.2d 245 (1988) (<HOLDING>). Because the district court was without Options: A. holding that a conviction is deemed final on the date of sentencing when there is no evidence that notice of appeal was filed B. holding that pro se prisoners 28 usc 2254 application deemed filed for limitation purposes when deposited with prison officials for mailing C. holding that prisoners legal materials are deemed filed on the date they are deposited with prison officials for mailing D. holding that prisoners notice of appeal is deemed filed on date he delivered it to prison officials for mailing to court E. holding that a pro se prisoners notice of appeal is considered filed upon delivery to prison authorities for mailing to the court

assistant: The best answer is D. holding that prisoners notice of appeal is deemed filed on date he delivered it to prison officials for mailing to court
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 shall, and shall cause its Restricted Subsidiaries to, (a) maintain proper books of record and account, in which full, true, and correct entries in conformity with GAAP consistently applied shall be made of all financial transactions and matters involving the assets and business of the Borrower or such Restricted Subsidiary, as the case may be, and (b) maintain such books of record and account in material conformity with all applicable requirements of any Governmental Authority having regulatory jurisdiction over the Borrower or such Restricted Subsidiary, as the case may be.

assistant: Records
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 following provisions shall apply automatically to the Plan and shall supersede any contrary provisions for each Plan Year in which the Plan is a Top-Heavy Plan (as defined below). It is intended that this Article shall be construed in accordance with the provisions of section 416 of the Code.

assistant: General
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 term or other provision of this Lease is invalid, illegal, or incapable of being enforced by any rule of law or public policy, all of the other conditions and provisions of this Lease will nevertheless remain in full force and effect, so long as the economic or legal substance of the transactions contemplated hereby is not affected in any adverse manner to either party. Upon such determination that any term or other provision is invalid, illegal, or incapable of being enforced, the parties hereto will negotiate in good faith to modify this Lease so as to reflect the original intent of the parties as closely as possible in an acceptable manner to the end that the transactions contemplated hereby are fulfilled to the extent possible.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: our view, this “conduct [is] sufficiently deliberate that ex case could have called a magistrate judge on the telephone that very morning to obtain a new search warrant for the second-floor apartment. See Fed.R.Crim.P. 41(d)(3) (“[A] magistrate judge may issue a warrant based on information communicated by telephone or other reliable electronic means.”); see also United States v. Turner, 558 F.2d 46, 50 (2d Cir.1977) (“The Fourth Amendment is sufficiently flexible to account for such technological advances.”). And we have little doubt that Raab and the other officers involved could have detained Voustianiouk outside his apartment while they obtained a new warrant to search his home on the second floor. See Illinois v. McArthur, 531 U.S. 326, 328, 121 S.Ct. 946, 148 L.Ed.2d 838 (2001) (<HOLDING>). Indeed, while courts must sometimes “allow Options: A. holding that probable cause to believe the traffic code had been violated rendered the stop reasonable under the fourth amendment regardless of officers subjective intent B. holding that the fourth amendment was not violated when police officers with probable cause to believe that a man had hidden marijuana in his home prevented that man from entering the home for about two hours while they obtained a search warrant C. holding consent invalid when given under coercive circumstances in which police misrepresented that they had a warrant to search the home D. holding that police officers warrantless search of rented home with consent of landlord but not tenant violated tenants fourth amendment rights E. holding that an illegal arrest occurred when the defendant was transported without probable cause from his home to the police station for fingerprinting and that the line is crossed when the police without probable cause or a warrant forcibly remove a person from his home or other place in which he is entitled to be and transport him to the police station where he is detained although briefly for investigative purposes

assistant: The best answer is B. holding that the fourth amendment was not violated when police officers with probable cause to believe that a man had hidden marijuana in his home prevented that man from entering the home for about two hours while they obtained a search 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: No ERISA Event has occurred or is reasonably expected to occur that, when taken together with all other such ERISA Events for which liability is reasonably expected to occur, could reasonably be expected to result in a Material Adverse Effect. The present value of all accumulated benefit obligations under each Plan (based on the assumptions used for purposes of Financial Accounting Standards Board Accounting Standards Codification 715) did not, as of the date of the most recent financial statements reflecting such amounts, exceed by more than $2,000,000 the fair market value of the assets of such Plan, and the present value of all accumulated benefit obligations of all underfunded Plans (based on the assumptions used for purposes of Financial Accounting Standards Board Accounting Standards Codification 715) did not, as of the date of the most recent financial statements reflecting such amounts, exceed by more than $2,000,000 the fair market value of the assets of all such underfunded Plans.

assistant: Erisa
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: Wherever possible each provision of this Eighth Amendment shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Eighth Amendment shall be prohibited by or invalid under such law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Eighth Amendment.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: As to the subject matter of this Agreement, this Section 6 supersedes any confidential disclosure agreements between the Parties, including, without limitation, the Confidentiality Agreement and the confidentiality provisions of the Multi-Target Agreement. Any confidential information of a Party disclosed under the Confidentiality Agreement or the Multi-Target Agreement relating to the subject matter of this Agreement shall be treated as Confidential Information of such Party hereunder, subject to the terms of this Section 6.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: has been a final decision on the merits respecting the McNeil plaintiffs’ claim because their state constitutional claim should have been raised in the federal proceeding pursuant to the doctrine of pendent jurisdiction. Reid v. Reid, 310 N.J.Super. 12, 23-24, 708 A.2d 74, 79-80 (App.Div.1998) (“‘[I]f a federal court in a prior action would have exercised pendent jurisdiction over related state claims that were not asserted, a final judgment on the merits by the federal court precludes raising those claims in a subsequent action in state court.”’) (quoting Watkins v. Resorts Int’l Hotel & Casino, 124 N.J. 398, 413, 591 A.2d 592, 599 (1991)); Ferger v. Local 183 of the Int’l Ass’n of Bridge, Structural and Ornamental Iron Workers, 94 N.J.Super. 554, 564, 229 A.2d 532, 538 (Ch.Div.1967) (<HOLDING>). The doctrine of pendent jurisdiction is now Options: A. holding that defendant was procedurally barred from raising issue on appeal where issue was listed as grounds in motion for new trial B. holding that where defendant failed to raise defense of plaintiffs fraud in federal court defendant is barred from raising that issue in state court C. holding that rules 12b3 and 12f along with circuit precedent barred defendant who failed to raise a suppression issue before the district court from raising the issue for the first time on appeal D. holding that plaintiffs failure to raise his constitutional claims in the military court system bars him from raising them in federal court E. holding that failure to raise issue at district court forecloses party from raising same issue on appeal

assistant: The best answer is B. holding that where defendant failed to raise defense of plaintiffs fraud in federal court defendant is barred from raising that issue in state court
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 may not copy , reproduce , republish , download , post , broadcast , transmit , make available to the public , or otherwise use any content on our site in any way except for your own personal , non-commercial use .

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: it was received by the government, which filed a response, Rl-330, prior to Garrison’s sentencing and that it was reviewed by the district court because it is referenced in the sentencing transcript, R4-4. Accordingly, we have considered Garrison's sentencing memorandum and the representations therein. We reiterate, however, that it is the responsibility of the parties to see that the appellate record is complete and that documents from which they quote on appeal were docketed in the district court and are part of the record on appeal. 30 . The lack-of-notice cases relied upon by Garrison are inapposite because either the PSR did not indicate the possibility of an upward departure or did not specify the reason for an upward departure. See Burns, 501 U.S. at 131-32, 111 S.Ct. at 2184 (<HOLDING>); United States v. Valentine, 21 F.3d 395, Options: A. holding that the district court violated fedrcrimp 32 by departing upward in sentence without notice and the psr identified no grounds for departure B. holding that notice must state the specific grounds for the departure C. holding that uncharged conduct described in psr and which was discussed by the court at sentencing was sufficient to support an upward departure under 5k221 D. holding harmless any error in departing upward under ussg 4a13 where district court alternatively imposed reasonable sentence as an upward variance E. holding that the requisite notice must specifically identify the ground on which the district court is contemplating an upward departure

assistant: The best answer is A. holding that the district court violated fedrcrimp 32 by departing upward in sentence without notice and the psr identified no grounds for departure
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: you are granting booking.com a non-exclusive , worldwide , irrevocable , unconditional , perpetual right and license to use , reproduce , display , have reproduced , distribute , sublicense , communicate and make available the photos/images as booking.com at its discretion sees fit .

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: probation differ only in that the former follows a prison term and the latter is in lieu of a prison term.”). 10 See United States v. Kissinger, 309 F.3d 179, 181 (3d Cir. 2002) (discussing similarities between probation and supervised release); see also Fed. R. Crim. P. 32.1 (“Revoking or Modifying Probation or Supervised Release.”). 11 For instance, federal law generally directs that filings attacking the validity or length of a conviction or sentence be made in the sentencing court. See, e.g., In re Nwanze, 242 F.3d 521, 525 (3d Cir. 2001) (“[O]rdinarily a petitioner should present [an attack on a conviction] to the sentencing court rather than the court in the district in which he is confined.”). 12 See 18 U.S.C. § 3605; cf. United States v. Adams, 723 F.3d 687, 689 (6th Cir. 2013) (<HOLDING>). 13 Fed. R. Crim. P. 32.1(a)(4), (5). 14 We Options: A. holding 3583a itself authorizes a term of supervised release in addition to a maximum term of imprisonment authorized by the statute of conviction B. holding the district courts revocation of defendants term of supervised release did not end the courts jurisdiction over defendants release C. holding that term of supervised release was not automatically terminated when defendant was deported from united states and thus defendants subsequent commission of another offense illegal reentry after deportation prior to expiration of term of supervised release violated condition of supervised release that defendant commit no new offenses D. holding that a statute requiring a threeyear term of supervised release did not eviscerate the district courts discretion to adjust the term of supervised release pursuant to 3583e E. holding that 3605 authorizes a transferee court to revoke a term of a defendants supervised release for violations committed prior to the transfer of jurisdiction

assistant: The best answer is E. holding that 3605 authorizes a transferee court to revoke a term of a defendants supervised release for violations committed prior to the transfer of jurisdiction
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 district court’s disposition of this juvenile case. Bill did not ask to conditionally admit to the allegations against him, thereby reserving appeal of any legal issues. Instead, he entered an unconditional admission, and indicated that he understood there would be no appeal. It is longstanding law that no defenses can be raised on appeal after entry of a guilty plea, except that no offense has been charged. Commonwealth v. Elza, 284 S.W.3d 118 (Ky.2009). The effect of the guilty plea is to waive those other defenses and any appeal that seeks to raise them. Juveniles, -of course, are not held to the same level of competency as adults, simply as a matter of law. Nevertheless, they may waive their rights in juvenile proceedings. See Commonwealth v, B.J., 241 S.W.3d 324, 327 (Ky.2007) (<HOLDING>); Kozak v. Commonwealth, 279 S.W.3d 129, 133 Options: A. holding juveniles do not have constitutional right to a jury trial but striking down statute that allowed juveniles to receive adult sentence without a jury trial three justices dissented reasoning juveniles should be entitled to a juiy trial under all cases because changes to juvenile justice code treated juveniles like criminals B. recognizing that defendant may waive miranda rights C. holding that juveniles may waive constitutional rights D. holding that juveniles may not waive counsel unless parent or guardian also waives that right E. holding that juveniles may waive right to counsel only upon advice of counsel

assistant: The best answer is C. holding that juveniles may waive constitutional rights
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: In the event of a termination for Cause, the Employee shall forfeit any outstanding portion of the Base Salary, shall no longer be eligible for any Company benefits, shall forfeit any right to any consideration under the MIPA not yet received as of the date of Employee’s receipt of the for Cause termination notice, including, without limitation, any Stock Options or remaining purchase price payments identified in Section 2.2, Schedule 2.2.2 and 2.2.6 and Exhibit 2.2.2 of the MIPA and shall forfeit any and all received but unexercised Stock Options.

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: (i) Use the proceeds of the facility created by this Agreement solely for the following purposes: the issuance of the Letter of Credit to support the payment of principal, and interest on the principal amount, or purchase price, of the Bonds and (ii) will not request any Liquidity Advance or the Letter of Credit, and the Applicant shall not use, and shall ensure that its Subsidiaries and its or their respective directors, officers, employees and agents shall not use, the proceeds of any Liquidity Advance or the Letter of Credit (x) in furtherance of an offer, payment, promise to pay, or authorization of the payment or giving of money, or anything else of value, to any Person in violation of any Anti-Corruption Laws, (y) for the purpose of funding, financing or facilitating any activities, business or transaction of or with any Sanctioned Person, or in any Sanctioned Country, to the extent such activity, business or transaction would be prohibited by Sanctions if conducted by a corporation incorporated in the United States, or (z) in any manner that would result in the violation of any Sanctions applicable to any party hereto.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: 1827, 104 L.Ed.2d 338 (1989). The First Circuit has held that an inmate has no liberty interest in continued participation in a work release program. Dominique v. Weld, 73 F.3d 1156, 1159-61 (1st Cir.1996). The Dominique court cited the standard set forth in Sandin v. Conner, 515 U.S. 472, 115 S.Ct. 2293, 132 L.Ed.2d 418 (1995), where the Supreme e to the BOP policy reversal on the ground that he was unlawfully deprived of a liberty interest in community confinement. However, the law does recognize a due process right not to be sentenced on false information. Roberts v. United States, 445 U.S. 552, 556, 100 S.Ct. 1358, 63 L.Ed.2d 622 (1980); United States v. Tucker, 404 U.S. 443, 447, 92 S.Ct. 589, 30 L.Ed.2d 592 (1972); see also United States v. Montoya, 967 F.2d 1, 2 (1st Cir.1992) (<HOLDING>); United States v. Rone, 743 F.2d 1169, 1171 Options: A. holding that the petitioner could not show prejudice because the essence of the mitigation evidence that he argued was before the judge through the presentence investigation report and his mental health experts testimony and the judge referred to it specifically in the sentencing order further the same judge and the florida supreme court held that the mitigation evidence would not have changed the result B. recognizing that the accuracy of information before the sentencing judge bears on the fundamental fairness of the proceeding C. recognizing the range of discretion of the trial judge D. holding that a defendant was not entitled to a relief under section 2255 when he asserted that the sentencing judge who was not the trial judge was influenced by the sentence imposed by the trial judge on a codefendant E. holding that the plaintiff bears the burden when relying on the discovery rule

assistant: The best answer is B. recognizing that the accuracy of information before the sentencing judge bears on the fundamental fairness of the proceeding
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: has never been required to appear before the Court in person. It was only after Defendant repeatedly failed to make appearances and respond to orders that the Court re-entered his default. Accordingly, the Court finds that this factor does not weigh in Defendant’s favor. Looking at the third factor, Plaintiffs claims arise under federal law. Thus, there is no potential conflict with another state’s laws or regulations. Thus, this factor weighs in favor of Plaintiff. Turning to the fourth factor, Plaintiff is headquartered in California. California courts, including this Court, have a strong interest in protecting California citizens and domestic businesses from the wrongful acts of nonresident defendants. Figi Graphics, Inc. v. Dollar Gen. Corp., 33 F.Supp.2d 1263, 1268 (S.D.Cal.1998) (<HOLDING>). Accordingly, this factor weighs in Plaintiffs Options: A. holding that the ninth circuit is bound by the california supreme courts interpretation of california law B. recognizing that california has a valid interest in protecting a california company from copyright infringement C. holding that california courts assertion of personal jurisdiction over floridabased reporters did not violate due process when allegedly defamatory article that was the basis of the suit focused on the california activities of california residents D. holding that personal jurisdiction in california was appropriate over nonresident journalist where harmful effects of allegedly defamatory article would be exclusively felt in california and california was the state of newspapers greatest circulation E. recognizing a hypothetical situation where california law left a party free to sue on a claim in maryland even after the claim was precluded in california because the california statute of limitations had expired

assistant: The best answer is B. recognizing that california has a valid interest in protecting a california company from copyright infringement
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of Delaware, without giving effect to any choice of law provision or rule (whether of the State of Delaware or any other jurisdiction) that would cause the application of the laws of any other jurisdiction.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: fails to establish an unequivocal post-autopsy right to specimens taken for the purpose of a lawful criminal investigation. One of the cases from the Michigan Supreme Court cited by Waeschle recognizes a cause of action for the unlawful and intentional mutilation of dead bodies. Deeg v. City of Detroit, 345 Mich. 371, 76 N.W.2d 16, 19 (Mich.1956) (“It seems to be settled by the great weight of authority that the unlawful and intentional mutilation of a dead body gives rise to a cause of action on behalf of the person or persons entitled to the possession, control, and burial of such body”)- Another recognizes the next of kin’s right to control a relative’s body for the limited purpose of securing a burial. Doxtator v. Chicago & W.M. Ry. Co., 120 Mich. 596, 79 N.W. 922, 922 (Mich.1899) (<HOLDING>). But these cases, as well as others cited by Options: A. holding that action of city legislative body may be judicially examined in light of its surrounding circumstances prior and subsequent actions of such legislative body and public policy in order to determine good faith of questioned action B. holding that the hip is part of the body as opposed to part of the leg and where the effects of the loss of a member extend to other parts of the body and interfere with their efficiency the scheduled allowance for the lost member is not exclusive C. recognizing that although there was no property in a dead body at common law the one whose duty it is to care for the body of the deceased is entitled to possession of the body as it is when death comes and that it is an actionable wrong for another to interfere with that right by withholding the body or mutilating it in any way D. holding that it is not E. holding that the degree of the loss of use of a body part is a question of fact whether the loss is for all practical intents and purposes is a question of law

assistant: The best answer is C. recognizing that although there was no property in a dead body at common law the one whose duty it is to care for the body of the deceased is entitled to possession of the body as it is when death comes and that it is an actionable wrong for another to interfere with that right by withholding the body or mutilating it in any way
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 will, and will cause each of its Subsidiaries to, (i) comply in all material respects with all laws, rules, regulations, orders, permits, writs, judgments, injunctions, decrees or awards to which it may be subject including, without limitation, all Environmental Laws, Anti-Corruption Laws and applicable Sanctions and (ii) perform in all material respects its obligations under material agreements to which it is a party, in each case to the extent necessary to ensure that non-compliance would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Plan, the granting and payment with respect to any Phantom Shares, and any obligations of the Company under the Plan, shall be subject to all applicable federal, state and foreign country laws, rules and regulations, and to such approvals by any regulatory or governmental agency as may be required. The Company, in its discretion, may postpone the granting and payment with respect to any Phantom Shares, and neither the Company nor its directors or officers shall have any obligation or liability to you with respect to any Phantom Shares that shall lapse because of such postponement.

assistant: Compliance With 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: This Agreement, the Separation Agreement, and the other Ancillary Agreements and the Exhibits and Schedules referenced herein and therein and attached hereto or thereto, constitute the entire agreement and understanding between the Parties with respect to the subject matter hereof and supersede all prior negotiations, agreements, commitments, writings, courses of dealing and understandings with respect to the subject matter hereof.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Thus, Blair extended Bassler beyond its reach. Neither Blair nor Bassler offers authority for the proposition that the Borrowers need a private right of action under Section 7(d) or Section 29(b) in order to assert an affirmative defense that the Notes are void and unenforceable because they violate Section 7(d) and Regulations G and U. No private right of action under a statute is necessary to assert a violation of that statute as an affirmative defense. See, e.g., Kaiser Steel Corp. v. Mullins, 455 U.S. 72, 86, 102 S.Ct. 851, 70 L.Ed.2d 833 (1982) (allowing defense under § 8(e) of the National Labor Relations Act where defendant had no private right of action to enforce the statute); United States v. Miss. Valley Generating Co., 364 U.S. 520, 566, 81 S.Ct. 294, 5 L.Ed.2d 268 (1961) (<HOLDING>); E. Bement & Sons v. Nat’l Harrow Co., 186 Options: A. recognizing that the elements of a claim for breach of contract are 1 existence of a valid contract and 2 breach of the terms of that contract B. holding conflict of interest on the part of a government official who participated in contract negotiations in violation of federal law rendered contract unenforceable C. holding an administrative rule referred to in the contract became part of the contract under the doctrine of incorporation D. holding that an attorney approval clause in a contract for the sale of real estate was a part of that contract and would have to be satisfied for the underlying contract to be enforceable E. recognizing an exception to the conflict rule where the conflict arose after the award of the contract

assistant: The best answer is B. holding conflict of interest on the part of a government official who participated in contract negotiations in violation of federal law rendered contract unenforceable
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: only a potential claim for negligent infliction of emotional distress. Defendant has argued in its motion for summary judgment that plaintiff has failed to show that she suffered a physical injury. See Randolph v. Lambert, 926 So.2d 941 (Miss.Ct.App.2006) (claim for negligent infliction of emotional distress requires that plaintiff prove “some sort of physical manifestation of injury or demonstrable harm, whether it be physical or mental, and that harm must have been reasonably forseeable to the defendant”) (quoting American Bankers’ Ins. Co. of Florida v. Wells, 819 So.2d 1196, 1208 (Miss.2001)). In response, plaintiff argues that as a result of defendant’s actions, she became depressed and was prescribed depression medication. This is insufficient to sustain her claim. See id. (<HOLDING>). Conclusion Based on the foregoing, it is Options: A. holding that evidence that plaintiff did not regularly perform her prescribed exercises was insufficient to support a mitigation of damages claim in the absence of physician testimony that she failed to mitigate her damages B. holding that plaintiffs proof that she became depressed and was prescribed depression medication by her family physician was insufficient to support claim and stating evidence that randolph is very depressed and very upset is insufficient to sustain damages for mental anguish C. holding the claimant established by clear and convincing evidence that her depression was caused by her compensable physical injury D. holding in a case arising under the fcra that the remainder of plaintiffs complaints such as feeling frustrated and degraded are insufficient standing alone to support damages for mental anguish E. holding that notice of judgment was insufficient

assistant: The best answer is B. holding that plaintiffs proof that she became depressed and was prescribed depression medication by her family physician was insufficient to support claim and stating evidence that randolph is very depressed and very upset is insufficient to sustain damages for mental anguish
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Each Party hereto irrevocably submits to the exclusive jurisdiction of the Delaware Chancery Court or, if the Delaware Chancery Court does not have subject matter jurisdiction, in the state courts of the State of Delaware located in Wilmington, Delaware or in the United States District Court for any district within such state, for the purpose of any suit, action or other proceeding arising out of this Agreement. Each Party hereto agrees that service of any process, summons, notice or document by U.S. registered mail to such Party’s respective address in accordance with Section 4.1 will be effective service of process for any such action, suit or proceeding. Each Party hereto hereby irrevocably and unconditionally waives and agrees not to plead or claim any objection to the laying of venue of any such suit, action or proceeding brought in such courts and irrevocably and unconditionally waives any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum.

assistant: Consent To Jurisdiction
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: homing in on the nub of his Motion — whether the Indictment sufficiently alleges that any customers lost actual money or property. To begin, Akinyoyenu contends that there is no plausible legal theory that could support the Indictment’s contention that he participated in “a scheme to defraud ... federal and state regulatory agencies.” Mot. at 4, 6-7 (quoting Indictment, Count Four, ¶2). As the Government-both concedes that its inclusion of agencies as purported victims was in error and represents that it will-not pursue this theory at trial, the Court strikes the words “and federal and state regulatory agencies” in Count Four as irrelevant to this case and as prejudicial in making the scheme seem more grandiose than it was. See United States v. Oakar, 111 F.3d 146, 157 (D.C.Cir.1997) (<HOLDING>). Defendant next claims that the Indictment Options: A. holding that the race of the prosecutor is irrelevant B. holding that it may not C. holding surplus language may only be stricken if it is irrelevant and prejudicial D. holding that evidence was irrelevant when it concerned facts that if true were of no consequence to the defendants trial E. holding that it is prejudicial to indicate to the jury that the plaintiff has or may have another remedy

assistant: The best answer is C. holding surplus language may only be stricken if it is irrelevant and prejudicial
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Executive shall continue to receive his Base Salary (subject to withholding of all applicable taxes) for the CIC Severance Period in accordance with the Company’s normal payroll practices (but no less frequently than monthly) beginning on (i) the date of the Change in Control if Executive’s employment is terminated within six (6) months prior to the Change in Control or (ii) Executive’s Date of Termination if Executive’s employment is terminated on or within eighteen (18) months following the date of the Change in Control.

assistant: Base Salary