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: court made a factual finding that the delay of 15 days between the time the second indictment should have been filed (May 19, 2002) and the date it was actually filed (June 4, 2002) was due to “negligence” and not to any “bad faith on the part of the Government.” The district court focused on the bad faith issue because it was the only issue argued by counsel. While the better practice would have been for counsel and the court below to specifically address all three factors of § 3162(a)(1), there is no need to remand this case because the record here is complete and allows us to make the necessary findings. United States v. Pena-Carrillo, 46 F.3d 879 (9th Cir.1995). Possession of a firearm by a felon is a serious offense. See United States v. Carnes, 309 F.3d 950, 957 (6th Cir.2002) (<HOLDING>), cert, denied, 537 U.S. 1240, 123 S.Ct. 1371, Options: A. holding that armed robbery and being a felon in possession are serious offenses for section 91 purposes B. holding alford plea admissible in prosecution for felon in possession of firearm C. holding that double jeopardy precludes dual convictions for felon in possession of a firearm and felon in possession of separate ammunition because section 790231 florida statutes prohibits possession of any firearm ammunition or electric weapon or device emphasis in original D. holding that possession of a firearm by a felon is a serious offense for 3162a2 purposes E. holding that dual convictions of possession of a firearm by a convicted felon and possession of ammunition by a convicted felon violated double jeopardy

assistant: The best answer is D. holding that possession of a firearm by a felon is a serious offense for 3162a2 purposes
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: A list of all Registered Intellectual Property of each Credit Party and all material in-bound license or sublicense agreements and material exclusive out-bound license or sublicense agreements (but excluding in-bound licenses of over-the-counter software that is commercially available to the public), as of the Closing Date and, as updated pursuant to Section 4.15, is set forth on Schedule 3.19. Schedule 3.19 shall be prepared by Borrower in the form provided by Agent and contain all information required in such form. Except for Permitted Licenses, each Credit Party is the sole owner of its material Intellectual Property free and clear of any Liens. To Borrower’s knowledge after reasonable inquiry, each patent is valid and enforceable and no part of the Material Intangible Assets has been judged invalid or unenforceable, in whole or in part. To the best of Borrower’s knowledge, no claim has been made that any part of the Material Intangible Assets violates the rights of any third party in any material respect.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: a B-2 visa have “a residence in a foreign country which he has no intention of abandoning and [that he be] visiting the United States tempo Felix, 601 F.2d at 464. Because petitioner entered the United States in October 1978 on a B-2 visa, his lawful domicile did not commence at that time. He has not shown that his legal status changed prior to his becoming a permanent resident in June 1982 so as to render lawful his intent to remain in the United States. We conclude, therefore, that the Board of Immigration Appeals correctly held that petitioner’s lawful domicile began on June 24, 1982. B. The immigration judge held that petitioner’s lawful domicile terminated on May 28, 1987, when the INS issued the Show Cause Order in this case. See Ballbe v. INS, 886 F.2d 306, 309 (11th Cir.1989) (<HOLDING>) cert. denied, 495 U.S. 929, 110 S.Ct. 2166, Options: A. holding that issuance of an order to show cause satisfied this requirement B. holding that summons issued nearly seven months after the show cause order was entered was not issued immediately as required by statute C. holding that lawful domicile terminates when show cause order is issued D. holding that where the trial court has issued a recent order to show cause on a pending pleading mandamus relief is not warranted E. holding that a deportation proceeding commenced after an order to show cause issued

assistant: The best answer is C. holding that lawful domicile terminates when show cause order is issued
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: All issued and outstanding shares of capital stock and equity interests in the Company have been duly authorized and validly issued and are fully paid and non-assessable. The Capitalization of the Company is accurately set forth in the SEC Documents. Except as set forth in the SEC Documents, there are no options, warrants or rights to subscribe to securities, rights, understandings or obligations convertible into or exchangeable for or granting any right to subscribe for any shares of capital stock or other equity interest of the Company or any of the Subsidiaries. There are no outstanding agreements or preemptive or similar rights affecting the Company’s Common Stock or equity.

assistant: Capitalization
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: that continued to fall for the duration of the storm” and “a pool of rain that had gathered at the bottom of the stairwell.” (Gould Aff. ¶ 8; Pl.’s Opp’n ¶ 7; PL’s Opp’n Mem. at 2, 5.) Liberty does not dispute that these were the causes. (Def.’s Reply at 2.) Accordingly, the parties’ textual arguments center around whether these sources of water constitute “water damage” as defined in the policy. Liberty argues persuasively that a pool of rainwater constitutes “surface water,” which the policy included under its definition of “water damage.” (Id. at 2-3.) Maryland courts have held that “surface wa ter [is] caused by rain or melting snow.” City of Cumberland v. Willison, 50 Md. 138, 1878 WL 6579 at *6 (1878); see also Mateer v. Reliance Ins. Co., 247 Md. 643, 233 A.2d 797, 799 (1967) (<HOLDING>). Other jurisdictions have also defined Options: A. holding issues of fact in dispute are solely for the jury B. holding that driver exclusions which are clear unambiguous and supported by consideration are enforceable and do not violate public policy or compulsory insurance laws C. holding funds received by plaintiff from an insurance policy that was procured by the defendant and for which a premium was paid are not a collateral source D. holding in an insurance policy dispute case that surface waters are those which are produced by rainfall melting snow or springs E. holding that under minnesota law an insurance policy or provision not filed with the commissioner of insurance is unenforceable

assistant: The best answer is D. holding in an insurance policy dispute case that surface waters are those which are produced by rainfall melting snow or springs
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 acknowledges and agrees it has had the opportunity to draft, review and edit the lang uage of this Agreement and that no presumption for or against any party arising out of drafting all or any part of this Agreement will be applied in any Dispute relating to, in connection with or involving this Agreement. Accordingly, the parties hereto h ereby waive the benefit of any rule of Law or any legal decision that would require, in cases of uncertainty, that the language of a contract should be interpreted most strongly against the party who drafted such language.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of Southmark, Defendants omit a crucial fact&emdash;the plaintiff in Southmark was the debtor. Id. at 927; [Adv. Doc. No. 23, p. 6]. In fact, the Southmark court based its reasoning on the fact that defendant accountants owed a fiduciary obligation to the debtor and were thus “responsible for managing the debtor’s estate in the best interest of creditors.” Southmark, 163 F.3d at 931 (5th Cir.1999). Unlike South-mark, Plaintiffs here are not the Debtor. Thus, this dispute does not raise the issue of Defendants’ fiduciary obligation to the Debtor or Defendants’ responsibility for representing the Debtor’s estate in the best interest of creditors. ICM Notes, Ltd. v. Andrews & Kurth, L.L.P., 278 B.R. 117, 123 (S.D.Tex.2002) aff'd sub nom. In re ICM Notes Ltd., 324 F.3d 768 (5th Cir.2003) (<HOLDING>). As Plaintiffs’ causes of action do not turn Options: A. holding that an attorney for a debtor owes a general fiduciary duty to preserve the bankruptcy estate B. holding that an attorney owes a fiduciary duty to persons though not strictly clients who he knows or should know rely on him in his professional capacity C. holding that an attorney is a fiduciary under section 523a4 D. holding that a debtor could not relitigate the claim that the trustee breached his fiduciary duty because the bankruptcy court had already held that the trustees actions were not improper E. holding that an agent owes a fiduciary duty to his principal

assistant: The best answer is A. holding that an attorney for a debtor owes a general fiduciary duty to preserve the bankruptcy estate
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: Portal to Portal Act. See 29 U.S.C. § 254. A member of the Pennsylvania Supreme Court observed that since the “Pennsylvania General Assembly has not in any way adopted the federal Portal to Portal Act,” provisions of the Portal to Portal Act might be less compatible with the PMWA than other portions of the FLSA. Caiarelli v. Sears, Roebuck & Co., 616 Pa. 38, 46 A.3d 643, 648 (2012) (McCaffery, J. dissenting); see also Bonds v. GMS Mine Repair & Maint., Inc., No. 2:13-CV-1217, 2015 WL 5602607, at *11 (W.D. Pa. Sept. 23, 2015) (quoting Caiarelli and concluding that the Portal to Portal Act’s additions to the FLSA do not apply to the PMWA). 6 . Where the two acts diverge, however, courts do not defer to federal law to interpret state law. See, e.g., Bayada Nurses, Inc., 8 A.3d at 882-83 (<HOLDING>); see also Foster v. Kraft Foods Glob., Inc., Options: A. holding that in diversity cases federal courts are to apply state substantive law and federal procedural law B. holding a debtors claim for loss of consortium to be entitled to an exemption under the oklahoma exemption statute and collecting other bankruptcy decisions recognizing a debtor spouses loss of consortium as the basis for allowing an exemption under federal and various state exemption statutes C. holding that the exemption right under 522 is a matter of federal law as to applicability even though the amount and items of exemption are defined and set forth in existing state statutes D. holding that federal regulations pertaining to the domestic service exemption to the flsa did not apply to the analogous but narrower pmwa exemption and that pennsylvania may interpret its law in a manner more beneficial to employees than federal law E. holding act qualifies as exemption statute under exemption 3

assistant: The best answer is D. holding that federal regulations pertaining to the domestic service exemption to the flsa did not apply to the analogous but narrower pmwa exemption and that pennsylvania may interpret its law in a manner more beneficial to employees than federal law
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: arrangement, dramatization, fietionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which a work may be recast, tra 010)). In Silverman, the Second Circuit assumed without explicitly holding that the post-1948 scripts featuring the characters “Amos ‘n’ Andy” were derivative works in applying the incremental expressions test. See Silverman, 870 F.2d at 49 (“[C]opyrights in derivative works secure protection only for the incremental additions of originality contributed by the authors of the derivative works.”) (citing 1 Nimmer on Copyright §§ 2.01, 3.04 (1988)). The Pannonia Farms court did not reach the issue as it pertains to the Canon, but nevertheless adopted the increments of expression test. 2004 WL 1276842, at *9 (<HOLDING>). The Seventh Circuit has been silent on the Options: A. recognizing criminal forfeiture as an aspect of punishment B. holding where failure of expression rather than ambiguity of expression concerning the elements of the statutory standard is the vice of the enactment courts are not free to substitute amendment for construction and thereby supply the omissions of the legislature C. holding that the increments of expression added by the ten stories to sherlock holmes dr watson or any aspect of sir arthur conan doyles pre1923 stories are protected D. holding that burning the american flag was protected expressive conduct and stating we have not permitted the government to assume that every expression of a provocative idea will incite a riot but have instead required careful consideration of the actual circumstances surrounding such expression emphasis added E. recognizing that general rule applies only to statutes that implicate no constitutionally protected conduct emphasis added

assistant: The best answer is C. holding that the increments of expression added by the ten stories to sherlock holmes dr watson or any aspect of sir arthur conan doyles pre1923 stories are protected
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: other trademarks , product , and service names and company names or logos mentioned on the fitbit service are the property of their respective owners and may not be copied , imitated or used , in whole or in part , without the permission of the applicable trademark holder .

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 and all related Exhibits, Schedules and attachments and that certain Mutual Non-Disclosure Agreement between Tecogen and Tedom dated as of June 22, 2015, and the JV LLC Operating Agreement, constitute the entire agreement of the Parties with respect to the subject matter hereof and supersedes all prior contemporaneous understandings, agreements, and representations and warranties, both written and oral with respect to the subject matter by or among the parties. In the event of any inconsistency between the statements in the body of this Agreement and related Exhibits, Schedules or attachments, the statement in the body of this Agreement shall control. In the event of any inconsistency between this Agreement and the JV LLC Operating Agreement, the JV LLC Operating Agreement shall control.

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: (a) Prior to the occurrence and continuance of a Facility Termination Event, the Principal of each Loan shall accrue Interest for each day at a rate per annum equal to LMIR (or, if LMIR has been suspended pursuant to Section 1.7, at the Alternate Base Rate). Upon the occurrence of a Facility Termination Event and during the continuance thereof, Aggregate Principal shall accrue Interest for each day at a rate per annum equal to the Default Rate.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: in this instance was to grant to the railroad a right-of-way for use as a rail corridor. Based on Tennessee rules of deed construction and the language of the Graff and Golightly Deeds, the court finds that the Thomas plaintiffs are therefore entitled to summary judgment on this issue. D. The government is liable for a taking of plaintiffs’ property interests. Having determined that the easements granted by condemnation, prescription, and the Mullins/Small, Graff, and Go-lightly Deeds conveyed easements limited to railroad purposes only, the court must now determine, under the second step of the Federal Circuit’s Preseault II framework, whether railbanking and trail use fall outside the scope of these railroad purpose easements under Tennessee law. Preseault II, 100 F.3d at 1533 (<HOLDING>). Under Preseault II, if recreational trail use Options: A. holding that reinstatement of the grievant a railroad employee terminated for drug and alcohol use violated the welldefined and dominant public policy against a railroads employment of individuals whose impaired judgment due to the use of drugs or alcohol could seriously threaten public safety and placed the railroad at risk of violating the federal railroad administration regulations B. holding railroad rate exempt from state regulation C. holding that the court must ask if the railroad acquired only easements were the terms of the easements limited to use for railroad purposes or did they include future use as public recreational trails D. holding that in a personal injury action against a railroad a report containing the conclusions of a hearing examiner of the public utilities commission regarding an alleged hazardous railroad crossing was obvious hearsay E. recognizing a selfevaluative privilege to railroad companys investigation of an accident in light of the publics stake in the improvement of railroad safety

assistant: The best answer is C. holding that the court must ask if the railroad acquired only easements were the terms of the easements limited to use for railroad purposes or did they include future use as public recreational trails
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 the Government by history and -the Constitution.” Miller v. Johnson, 515 U.S. 900, 912, 115 S.Ct. 2475, 132 L.Ed.2d 762 (1995) (quoting Metro Broad., Inc. v. F.C.C., 497 U.S. 547, 604, 110 S.Ct. 2997, 111 L.Ed.2d 445 (1990)(O’Connor, J., dissenting)). By contrast, in one-person, one-vote cases — in which a plaintiff in an overpopulated district alleges that she is injured because the" districting plan dilutes her vote relative to voters in underpopulated districts — the plaintiff may challenge the districting plan on a statewide basis. See, e.g., Wesberry, 376 U.S. at 7, 84 S.Ct. 526 (permitting voters in a single overpopulated district to raise one-person, one-vote challengé to districting plan as a whole); Gray v. Sanders, 372 U.S. 368, 370, 375, 83 S.Ct. 801, 9 L.Ed.2d 821 (1963) (<HOLDING>); Baker, 369 U.S. at 187, 206-07, 82 S.Ct. 691 Options: A. holding that state may not compel political parties to allow nonmembers to vote in primary elections B. holding that plaintiff who was qualified to vote in primary and general elections in fulton county georgia had standing to lodge statewide challenge to georgias county unit system as a basis for counting votes in a democratic primary for the nomination of a united states senator and statewide officers C. holding a county and a road district had standing to sue state highway commission and county tax collector based on their interest in and control over the public roads of the county D. holding that state may not compel political party to allow nonmembers to vote in its primary elections E. recognizing county officers as those whose general authority and jurisdiction are confined within the limits of the county in which they are appointed who are appointed in and for a particular county and whose duties apply only to that county and through whom the county performs its usual political functions

assistant: The best answer is B. holding that plaintiff who was qualified to vote in primary and general elections in fulton county georgia had standing to lodge statewide challenge to georgias county unit system as a basis for counting votes in a democratic primary for the nomination of a united states senator and statewide officers
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: All salary, bonus and other compensation described in this Agreement shall be subject to withholding for federal, state or local taxes, amounts withheld under applicable benefit policies or programs, and any other amounts that may be required to be withheld by law, judicial order or otherwise.

assistant: Withholdings
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 to each assignment shall execute and deliver to the Administrative Agent an Assignment and Assumption, together with a processing and recordation fee of $3,500 paid by the assignee or assignor lender; provided that, the Administrative Agent may, in its sole discretion, elect to waive such processing and recordation fee in the case of any assignment. The assignee, if it is not a Lender, shall deliver to the Administrative Agent an Administrative Questionnaire.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: if the value of the relief sought is $ 10,000 or less , you or ebay may elect to have the arbitration conducted by telephone or based solely on written submissions , which election shall be binding on you and ebay subject to the arbitrator 's discretion to require an in-person hearing , if the circumstances warrant .

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: of statutes of limitations and thus subject to waiver or forfeiture, rather than being jurisdictional."); Million v. Frank, 47 F.3d 385, 389 (10th Cir.1995) ("Compliance with filing requirements of Title VII is not a jurisdictional prerequisite, rather it is a condition precedent to suit that functions like a statute of limitations and is subject to waiver, estoppel, and equitable tolling.”). 2 . The district court erroneously assumed that the time limit for filing suit in this case was thirty days from the agency’s final action. This assumption apparently was based on the district court's belief that Mr. Belhomme's suit was controlled by the version of 42 U.S.C. § 2000e-16(c) that existed prior to the Civil Rights Act of 1991. Cf. Million v. Frank, 47 F.3d 385, 390 (10th Cir.1995) (<HOLDING>). In 1991, Congress amended subsection 16(c) to Options: A. holding that the thirtyday deadline applies to a claim that arose prior to the 1991 act B. holding that the damages and jury trial provisions of the 1991 act apply to conduct occurring prior to the date of enactment C. holding that prior adjudication barred a claim that arose out of the same transactions and that could have been raised in prior suit D. holding that conduct prior to passage of the civil rights act of 1991 is admissible to provide context and background E. holding that 1658 applies to claims arising out of the 1991 act

assistant: The best answer is A. holding that the thirtyday deadline applies to a claim that arose prior to the 1991 act
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: applied a 27% marketability discount to arrive at a per-share value of $22.60. The two witnesses testifying on behalf of Sieg stated that the directors thought this figure represented the fair value of the dissenters’ stock. They believed their assessment of value was supported by their prior experience in valuing the stock of Sieg’s other subsidiaries. The stock of the other subsidiaries had been valued similarly resulting in only one objection, that objection being the subject of Sieg I. (Sieg I was not decided on appeal until after the merger of SiegFort Dodge into Sieg took place.) The directors also considered a 1993, arms-length sale of a small number of Sieg-Fort Dodge shares for $30.00 per share. Cf. Chrome Data Sys., Inc. v. Stringer, 109 Or.App. 513, 820 P.2d 831, 833 (1991) (<HOLDING>). Because the financial condition of Sieg-Fort Options: A. holding consideration of prior sales of stock to friendly buyers was appropriate B. holding that the transfer of stock in an insolvent corporation did not constitute fair consideration to support conveyance of property to its stockholder C. holding when defendant raised affirmative defense of total failure of consideration that even assuming the acquired stock became worthless the worthlessness of the stock did not constitute a failure of consideration when in exchange for note defendant received 2500 shares of stock as well as all the rights privileges and benefits of a shareholder director and officer emphasis supplied punctuation omitted D. holding that exercising general jurisdiction over defendant was improper where its actual sales in florida were a small percentage of the total sales and therefore these sales were de minimis E. holding evidence of uncharged prior cocaine sales with numerous similarities to those for which the defendant was on trial admissible for among other purposes showing the existence of a common plan involving the prior sales and the transactions which were the subject of the charges pending against the defendant

assistant: The best answer is A. holding consideration of prior sales of stock to friendly buyers was appropriate
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: includes not having to reach Defendants’ arguments on waiver. 1. “Equalization” of Challenges. Plaintiff argues that this Court should construe SCRA 1-038(E) to authorize giving her a number of peremptory challenges equal to the number given to all Defendants. However, the rule’s plain language authorizes granting additional peremptory challenges only to multiple parties with diverse interests that are on the same side of the lawsuit. Carraro, 106 N.M. at 444, 744 P.2d at 917. The trial court cannot grant a party additional peremptory challenges in a manner that is not contemplated by SCRA 1-038(E). Id.; see also Morris v. Cartwright, 57 N.M. 328, 331, 258 P.2d 719, 721-22 (1953) (former law); American Ins. Co. v. Foutz & Bursum, 60 N.M. 351, 354-57, 291 P.2d 1081, 1083-84 (1955) (<HOLDING>). The rule could have easily provided for such Options: A. recognizing that the holding of cartwright does not apply when there is a plaintiff a defendant and a thirdparty defendant B. holding that there is no sixth amendment error when the sentence does not exceed the maximum authorized by facts the defendant admitted C. recognizing that for a john doe defendant there is no mistake in identifying the correct defendant rather the problem is not being able to identify that defendant D. holding that rule does not apply where defendant made false representations E. holding that collateral estoppel does not apply when there is a significant change in the legal climate

assistant: The best answer is A. recognizing that the holding of cartwright does not apply when there is a plaintiff a defendant and a thirdparty defendant
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: All payments required to be made by the Company to you shall be subject to withholding of taxes and other applicable withholdings as the Company reasonably determines it should withhold pursuant to any applicable law, regulation or previous election by you.

assistant: Withholdings
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: if such rights do not exist). They argue, correspondingly, that plaintiffs’ strident warning that Local Law 15 would require attorneys to violate their ethical duties to clients — by forcing an attorney seeking to collect a time-barred debt to inform the debtor of the running of the statute of limitations, an affirmative defense to litigation — is misplaced. But this argument misses the point. Unlike the New York City Council, the federal government is not obligated to draft its statutes so as to comport with New York law. Cf. U.S. Const. Art. VI, cl. 2 (establishing the supremacy of federal law). Rather, the federal government may — and does — regulate the conduct of attorneys acting as debt collectors. See Heintz v. Jenkins, 514 U.S. 291, 299, 115 S.Ct. 1489, 131 L.Ed.2d 395 (1995) (<HOLDING>). New York City Council, by contrast, may only Options: A. holding the fdcpa applies to attorneys who regularly engage in consumer debt collection activity even when that activity consists of litigation B. holding that an entity engaged in collection activity on a defaulted debt acquired from another is a debt collector under the fdcpa even though it may actually be owed the debt C. holding that fdcpa applies to attorneys who regularly engage in consumer debt collection activities D. holding that back rent is debt under the fdcpa E. holding that where the defendant obtained a nondefaulted debt under the mistaken belief that the debt was in default and where the defendants subsequent collection activities were based on that mistaken belief the defendant was a debt collector for purposes of the fdcpa

assistant: The best answer is C. holding that fdcpa applies to attorneys who regularly engage in consumer debt collection activities
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: To the extent that your receipt of Performance Share Units, the vesting of Performance Share Units or your receipt of payments in respect of Performance Share Units results in income to you for federal or local taxes, the Company has the right and authority to deduct or withhold from any compensation it would pay to you (including payments in respect of Performance Share Units) an amount, and/or to treat you as having surrendered vested Performance Share Units having a value, sufficient to satisfy its withholding obligations. In its discretion, the Company may require you to deliver to the Company or to such other person as the Company may designate at the time the Company is obligated to withhold taxes that arise from such receipt or vesting, as the case may be, such amount as the Company requires to meet its withholding obligation under applicable tax laws or regulations.

assistant: Tax Withholdings
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: Such Originator shall remain duly organized and validly existing in good standing under the laws of its State of organization, and shall obtain and preserve its qualification to do business in each jurisdiction in which such qualification is or shall be necessary to protect the validity and enforceability of this Agreement, the other Transaction Documents and the Receivables and Related Rights.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed in any number of counterparts and by the several parties hereto in separate counterparts, and delivered by facsimile or other means of electronic transmission (including scanning and emailing), each of which shall be deemed to be one and the same instrument and an original document.

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 following U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 399 U.S. 508 90 S.Ct. 2232 26 L.Ed.2d 773 Phillip MORRIS et al., appellants,v.Hiram SCHOONFIELD, Warden, et al. No. 782. Supreme Court of the United States October Term, 1969. June 29, 1970 Robert G. Fisher, Baltimore, Md., for appellants. George L. Russell, Jr., Baltimore, Md., for appellees. PER CURIAM. 1 We noted probable jurisdiction1 and set the case for oral argument with Williams v. Illinois, 399 U.S. 235, 90 S.Ct. 2018, 26 L.Ed.2d 586, decided today. However, Maryland has recently enacted legislation2 dealing directly with the issue presented, and our holding in Williams, that an indigent may not be imprisoned beyond the maximum term specified by statute solely because of his failure to pay a fine and court costs, may shed further light on the question raised here. We therefore vacate the judgment and remand the case to the District Court for reconsideration in light of the intervening legislation and our holding in Williams v. Illinois, supra. 2 Mr. Justice BLACKMUN took no part in the consideration or decision of this case. 3 Mr. Justice WHITE, with whom Mr. Justice DOUGLAS, Mr. Justice BRENNAN, and Mr. Justice MARSHALL join, concurring. 4 I agree that this case should be remanded for reconsideration in light of our opinion in Williams v. Illinois, 399 U.S. 235, 90 S.Ct. 2018, 26 L.Ed.2d 586, and the recent enactment by the Maryland General Assembly of new legislation bearing on the questions presented. 5 However, I deem it appropriate to state my view that the same constitutional defect condemned in Williams also inheres in jailing an indigent for failing to make immediate payment of any fine, whether or not the fine is accompanied by a jail term and whether or not the jail term of the indigent extends beyond the maximum term that may be imposed on a person willing and able to pay a fine. In each case, the Constitution prohibits the State from imposing a fine as a sentence and then automatically converting it into a jail term solely because the defendant is indigent and cannot forthwith pay the fine in full. 6 As I understand it, Williams v. Illinois does not mean that a State cannot jail a person who has the means to pay a fine but refuses or neglects to do so. Neither does it finally answer the question whether the State's interest in deterring unlawful conduct and in enforcing its penal laws through fines as well as jail sentences will justify imposing an 'equivalent' jail sentence on the indigent who, despite his own reasonable efforts and the State's attempt at accommodation, is unable to secure the necessary funds. But Williams means, at minimum, that in imposing fines as punishment for criminal conduct more care must be taken to provide for those whose lack of funds would otherwise automatically convert a fine into a jail sentence. 1 397 U.S. 960, 90 S.Ct. 990, 25 L.Ed.2d 252. 2 Chapter 147 of the 1970 Laws of Maryland (approved April 15, 1970).

assistant: 2
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: To the extent Lender is an entity, Lender is duly incorporated, validly existing and in good standing under the laws of the state of organization, with full power and authority (corporate and other) to own, lease, use and operate its properties, if any, and to carry on its business as and where now owned, leased, used, operated and conducted.

assistant: Organizations
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: judgment that the relevant state-court decision applied clearly established federal law erroneously or incorrectly.” Id. at 411, 120 S.Ct. 1495. Furthermore, under the AEDPA, state-court determinations of factual issues “shall be presumed to be correct,” unless the petitioner rebuts the presumption “by clear and convincing evidence.” 28 U.S.C. § 2254(e)(1); Coombs v. Maine, 202 F.3d 14, 18 (1st Cir.2000). Chief Judge Boudin reminded us in Fortini v. Murphy that AEDPA adopts a strict standard of review by federal courts to a claim adjudicated on the merits in state court proceedings. 257 F.3d 39, 47 (1st Cir.2001). Niland contends that the state court never addressed his constitu tional claim on the merits and therefore, the strict deferential standard of review is inapplicable. Id. (<HOLDING>). We disagree with Niland. A review of the Options: A. recognizing that wiggins established de novo standard of review for any claim that was not addressed by the state courts B. holding that de novo standard of review applies on federal claims never addressed by state courts C. holding that appellant was entitled to a de novo review however he was not entitled to a de novo review of an argument never raised D. recognizing de novo standard of review E. holding that we review legal conclusions of the court of federal claims de novo

assistant: The best answer is B. holding that de novo standard of review applies on federal claims never addressed by state courts
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: where the Appellant presented evidence that (a) he stored manuscripts in a safe at 1139 Butler Street (b) the police emptied the safe while executing a search warrant and (c) the police departed with a bin containing numerous documents? Appellant’s brief at 5 (footnote omitted). We initially recognize that an appellate court’s review of a trial court’s decision on petition for return of property is limited to examining whether findings of fact made by the trial court are supported by competent evidence and whether the trial court abused its discretion or committed error of law. Commonwealth v. Wintel, Inc., 829 A.2d 753 (Pa.Cmwlth.2003). Regarding the manuscripts, we agree with the Commonwealth that Appellant’s claim is moot. See Commonwealth v. Matsinger, 68 A.3d 390 (Pa.Cmwlth. 2013) (<HOLDING>). Here, questions pertaining to whether Options: A. holding that property of a public entity includes having exclusive control and possession of property B. holding petition for writ of mandate seeking return of property does not toll the statute of limitations C. holding that plaintiffs may have a property interest in real property D. holding where the commonwealth is not in possession of property in question petition for return of property is moot E. holding that property owner still has relief in the form of the return of his property though condemnation was complete and a highway was constructed across the property

assistant: The best answer is D. holding where the commonwealth is not in possession of property in question petition for return of property is moot
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 receive as compensation a base salary at the rate of no less than Three Hundred and Sixty Thousand Dollars ($366,000) per year (the “ Base Salary ”), minus any federal, state and local payroll taxes and other withholdings legally required or properly requested by Executive, paid semi-monthly on the Company’s regularly scheduled paydays in accordance with the Company’s regular payroll practices and procedures.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Borrower will, and the Borrower will cause each of its Restricted Subsidiaries to, maintain proper books of record and account containing entries of all material financial transactions and matters involving the assets and business of the Borrower and its Restricted Subsidiaries that are full, true and correct in all material respects and permit the preparation of consolidated financial statements in accordance with GAAP.

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 case excerpt and choose the best holding from the options. Case excerpt: that it reasonably believed Goldman had the right to cancel the contract. Again, in limine rulings are not binding on the district court. Id. 4. The district court did not give erroneous jury instructions. Revised Arizona Jury Instructions (Civil), 4th Edition 21 and 23 mirror Arizona law. See Fairway was not prejudiced by the late filing. Sueños was not required to show excusable neglect. 7. The district court abused its discretion in determining that Sueños was the prevailing party in. its action against Goldman. The district court held that the parties’ settlement discussions were inadmissible under Federal Rule of Evidence 408(a), and that the court therefore could not consider them. The district court erred. See Ingram v. Oroudjian, 647 F.3d 925, 927 (9th Cir.2011) (per curiam) (<HOLDING>); see also A.D. v. Cal. Highway Patrol, 712 Options: A. holding that in deciding whether the jurys award is inadequate the test is whether reasonable people could not conclude that the award was reasonable compensation B. recognizing the opportunity for mischief in settlement negotiations where the insurer has declined involvement which may be checked by judicial review of whether the settlement amount stipulated to is reasonable C. holding a court may eonsider settlement negotiations for the purpose of deciding a reasonable attorney fee award D. recognizing discretion of district court in determining a fee award E. holding a settlement privilege exists as to thirdparty discovery of settlement negotiations

assistant: The best answer is C. holding a court may eonsider settlement negotiations for the purpose of deciding a reasonable attorney fee award
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 entire fairness standard ill suits the inquiry whether disinterested directors who approve a self-dealing transaction and are protected by an exculpatory charter provision authorized by 8 Del. C. § 102(b)(7) can be held liable for breach of fiduciary duties. Unless there are facts suggesting that the directors consciously approved an unfair transaction, the bad faith preference for some other interest than that of the company and the stockholders that is critical to disloyalty is absent. The fact that the transaction is found to be unfair is of course relevant, but hardly sufficient, to that separate, individualized inquiry.”), aff'd sub nom., Americas Mining Corp. v. Theriault, 51 A.3d 1213 (Del.2012); Steinman v. Levine, 2002 WL 31761252, *15 n. 81 (Del. Ch. Nov. 27, 2002) (<HOLDING>), aff'd, 822 A.2d 397 (Del.2003); Shandler v. Options: A. holding plaintiff stated claim in his individual capacity B. holding that a constitutional violation by the individual defendants is required in order to sustain a claim against the municipality C. holding individual defendants subject to suit D. holding that plaintiff should identify when possible the role of individual defendants in the alleged fraud E. holding that a plaintiff is required to identify specific acts of individual defendants for his claim to survive

assistant: The best answer is E. holding that a plaintiff is required to identify specific acts of individual defendants for his claim to survive
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 Miscellaneous provisions in Section 17 of the Manufacturing and Supply Agreement shall apply to this License and are incorporated herein by this reference. In the event of a conflict between this License and the Manufacturing and Supply Agreement, this License shall control.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: if you want to reproduce , modify , create derivative works , distribute , sell , transfer , publicly display , publicly perform , transmit , or otherwise use the services or content on the services , you must use the interfaces and instructions we provide , except as permitted through the twitter services , these terms , or the terms provided on dev.twitter.com .

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: the provisions regarding `` use and restrictions '' , `` cancellation and termination '' , `` ownership and licenses '' , `` disclaimer and limitation of liability '' and `` general conditions '' and any provisions which by their nature survive , shall survive the termination of these terms of service .

assistant: None