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: would receive nothing; her position is, obviously, that a “resolution” means she would receive part of the estate. But that is not what the stipulation requires. [¶ 17] Because the contract was an unenforceable agreement to agree, we hold the district court properly dismissed Shirley Hageness’s separate action for breach of a stipulated contract. [¶ 18] We affirm. [¶ 19] MESCHKE, MARING, NEUMANN and SANDSTROM, JJ., concur. 1 . Despite the broad control discussed in Lawrence, 217 N.W.2d at 796, a court does not retain management and control over a stipulation when the case has been dismissed. When a district court dismisses an action, it relinquishes subject-matter jurisdiction over the merits of the case. See Albrecht v. Metro Area Ambulance, 1998 ND 132, ¶¶ 13-14, 580 N.W.2d 583 (<HOLDING>); cf. Jones v. Brown & Williamson Tobacco Options: A. holding that dismissal for lack of subjectmatter jurisdiction must be without prejudice because the court having determined that it lacks jurisdiction over the action is incapable of reaching a disposition on the merits of the underlying claims emphasis in original B. holding that a district courts order of dismissal with prejudice was a nullity because the court lacked jurisdiction C. holding that standing is component of subjectmatter jurisdiction and subjectmatter jurisdiction is essential to courts authority to hear case D. holding a district court lost subjectmatter jurisdiction over the merits of the case when it issued an order of dismissal without prejudice E. holding appealable district courts dismissal for lack of subjectmatter jurisdiction over enrolled tribal members

assistant: The best answer is D. holding a district court lost subjectmatter jurisdiction over the merits of the case when it issued an order of dismissal without prejudice
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: in conjunction with the limitation of warranties as explained above , you expressly understand and agree that any claim against us shall be limited to the amount you paid , if any , for use of products and/or services .

assistant: Limitation of liability
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: Petitioner’s claim that his sentence violated his due process rights. III. EiToneous Factual Basis for Sentencing Petitioner next contends that his sentence was based, in part, on an erroneous understanding of the facts. Specifically, Petitioner asserts that the Government erroneously informed the court that Petitioner told the probation officer that he had previously transported drugs into the State of Hawaii. Petitioner further claims that the court relied on this false information in determining Petitioner’s sentence. Petitioner did not raise this argument when he appealed his conviction. Where a defendant fails to raise a non-constitutional challenge to his sentencing on direct appeal, the claim is deemed waived. See United States v. Schlesinger, 49 F.3d 483, 485 (9th Cir.1994) (<HOLDING>). In such a circumstance, the court may only Options: A. holding that errors not raised before the trial court will not generally be considered on appeal B. holding that this court follows the rule that nonconstitutional sentencing errors that have not been raised on direct appeal have been waived and generally may not be reviewed by way of 28 usc 2255 C. holding claims must be raised on direct appeal or waived D. holding ineffectivetrialassistance claim may be brought in 28 usc 2255 proceeding regardless of whether claim could have been raised on direct appeal E. holding that nonconstitutional claims that could have been raised on direct appeal may not be asserted in a collateral proceeding

assistant: The best answer is B. holding that this court follows the rule that nonconstitutional sentencing errors that have not been raised on direct appeal have been waived and generally may not be reviewed by way of 28 usc 2255
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: conduct. Finally, he complains that the district court did not adequately consider the Bureau of Prisons’ findings that he did not demonstrate the characteristics of a pedophile. Raplinger concedes that he was convicted of two additional federal crimes that Rich was not, and that Rich’s sentence of 210 months followed a guilty plea. The record reveals that the district court fulfilled its obligation to consider all of the factors under 18 U.S.C. § 3553(a). Ra-plinger’s total offense level was 51, but the district court noted that the Guidelines limited his total offense level to 43. See USSG Ch. 5, Pt. A, comment, (n.2). With a criminal history category of I, his advisory Guidelines sentence would be life, or 470 months. See United States v. Keller, 413 F.3d 706, 711 (8th Cir.2005) (<HOLDING>). The district court’s sentence of 457 months Options: A. holding that although the guidelines should be the starting point and the initial benchmark of calculating a proper sentence the district court should then consider all of the 3553a factors to determine whether they support the sentence requested by a party B. holding that where a defendants guideline range is 121 to 151 months and his statutory minimum sentence is 240 months and the government moves for a downward departure pursuant to both 3553e and 5k11 the starting point for the departure is 240 months and the court is not limited to the low end of the guideline range in determining the extent of the departure C. holding that the district court which had considered the guidelines but found an upward variant sentence necessary given the defendants previous violations did not abuse its discretion when it imposed a 24month sentence instead of a guidelines range sentence of 3 to 9 months incarceration D. recognizing 470 months as correct starting point for guidelines sentence of life E. holding that an error in guideline calculation seriously affected the defendants substantial rights because the starting point for consideration of 3553a factors was five months higher than it should have been

assistant: The best answer is D. recognizing 470 months as correct starting point for guidelines sentence of life
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Seller and Spin-Off Subsidiary are in compliance with all Laws and Orders in respect of the operation, activities, conduct and transactions of the business of Spin-Off Subsidiary (the “ Business ”) and operations of the Spin-Off Subsidiary and the ownership and or possession of the Shares. None of the operation, activity, conduct and transactions of the Business or the ownership or possession of the Shares conflicts with the rights of any other Person or violates, or with or without the giving of notice or passage of time, or both, will violate, conflict with or result in a default, right to accelerate or loss of rights under, any terms or provisions of any Lien, contract or any Law or Order to which Seller is a party or by which Seller, the Business or the Shares may be bound or affected. Seller has not received any written or, oral notice of any actual or alleged violation or non-compliance with applicable Laws. Seller and Spin-Off Subsidiary own or possess all right, title and interest in all Permits required to own the Shares and conduct the Business as now being conducted, and all such Permits are valid and in full force and effect and Seller and Spin-Off Subsidiary are in full compliance with the terms and conditions of such Permits.

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 ENGINES, THE PARTS THEREOF, AND ANY OTHER THING DELIVERED, SOLD OR TRANSFERRED HEREUNDER ARE BEING SOLD AND TRANSFERRED TO BUYER AND ACCEPTED BY BUYER HEREUNDER “AS-IS, WHERE-IS,” WITH ALL FAULTS. BUYER UNCONDITIONALLY AGREES THAT AS BETWEEN BUYER AND SELLER THE ENGINES AND EACH PART THEREOF IS TO BE SOLD AND PURCHASED IN AN AS IS, WHERE IS, WITH ALL FAULTS CONDITION AS AT THE DELIVERY DATE, AND NO WARRANTY, REPRESENTATION OR COVENANT OF ANY KIND HAS BEEN ACCEPTED, MADE OR IS GIVEN BY SELLER OR ITS SERVANTS OR AGENTS IN RESPECT OF THE AIRWORTHINESS, VALUE, QUALITY, DURABILITY, CONDITION, DESIGN, OPERATION, DESCRIPTION, MERCHANTABILITY OR FITNESS FOR USE OR PURPOSE OF THE ENGINES OR ANY PART THEREOF, AS TO THE ABSENCE OF LATENT, INHERENT OR OTHER DEFECTS (WHETHER OR NOT DISCOVERABLE), AS TO THE COMPLETENESS OR CONDITION OF THE ENGINE RECORDS, OR AS TO THE ABSENCE OF ANY INFRINGEMENT OF ANY PATENT, COPYRIGHT, DESIGN OR OTHER PROPRIETARY RIGHTS; AND ALL CONDITIONS, WARRANTIES AND REPRESENTATIONS (OR OBLIGATION OR LIABILITY, IN CONTRACT OR IN TORT) IN RELATION TO ANY OF THOSE MATTERS, EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, ARE EXPRESSLY EXCLUDED.

assistant: 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: Subject to any limitations set forth in Section 3.6, any taxes (excluding income taxes and franchise taxes (imposed in lieu of income taxes) imposed on the Agent or any Lender as a result of a present or former connection between the Agent or such Lender and the jurisdiction of the Governmental Authority imposing such tax or any political subdivision or taxing authority thereof or therein (other than any such connection arising solely from the Agent or such Lender having executed, delivered or performed its obligations or received a payment under, or enforced, this Agreement or any other Loan Document)) or other similar assessments or charges made by any governmental or revenue authority in respect of the Loan Documents shall be paid by the Company, together with interest and penalties, if any.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Plan shall be governed by ERISA and, in the event any provision of, or legal issue relating to, this Plan is not fully preempted by ERISA, such issue or provision shall be governed by the laws of the State of Georgia (without regard to conflict of law provisions).

assistant: Applicable 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 exercise or purchase price (if any) of the Stock issuable pursuant to any Award and any withholding obligation under applicable tax laws shall be paid in cash or, subject to the Committee’s express authorization and the terms, restrictions, conditions and procedures as the Committee may in its sole discretion impose (subject to Section 10(d)), any one or combination of (i) cash, (ii) the delivery of shares of Stock, (iii) a reduction in the number of Shares of Stock issuable or cash payable pursuant to such Award, (iv) the delivery of a promissory note or other obligation for the future payment in money, or (v) in the case of purchase price only, labor or service as an Employee to be performed or actually performed. In the case of a payment by the means described in clause (ii) or (iii) above, the Stock to be so delivered or offset shall be determined by reference to the Fair Market Value of the Stock on the date as of which the payment or offset is made. Notwithstanding the foregoing, no Insider shall be permitted to satisfy the purchase or exercise price or withholding obligation with respect to an Award by using a method of payment otherwise authorized under this Plan or an Award Agreement if such method of payment would constitute a personal loan under Section 13(k) of the Exchange Act. If an Award Agreement to a Participant who is not an Insider authorizes a method of payment that would constitute a personal loan under Section 13(k) of the Exchange Act and the Participant subsequently becomes an Insider, then the payment method will no longer be available to the Participant and the Committee shall take whatever steps are necessary to make such payment method void as to such Participant, including but not limited to requiring the immediate payment of any note or loan previously obtained in connection with an Award.

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: If any provision in this Agreement is held to be illegal, invalid, not binding or unenforceable, (a) such provision shall be fully severable and this Agreement shall be construed and enforced as if such illegal, invalid, not binding or unenforceable provision had never comprised a part of this Agreement, and the remaining provisions shall remain in full force and effect and (b) the Parties hereto shall negotiate in good faith to modify this Agreement so as to effect the original intent of the Parties as closely as possible in an acceptable manner in order that the transactions contemplated hereby are consummated as originally contemplated to the greatest 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 legal provision and list the applicable contract clause categories. Provision: This Agreement is intended by the parties as a final expression of their agreement and intended to be a complete and exclusive statement of the agreement and understanding of the parties hereto in respect of the subject matter contained herein. This Agreement supersedes all prior agreements and understandings between the parties with respect to such subject matter, except for, and as provided in the Transaction Documents.

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: The Receiving Party: (b) shall not disclose or reveal any Confidential Information to any person other than its Representatives who are actively and directly participating in the Evaluation or who otherwise need to know the Confidential Information for the purpose of the Evaluation; (d) shall not disclose to any person (other than those of its Representatives who are actively and directly participating in the Evaluation or who otherwise need to know for the purpose of the Evaluation) any information about the Evaluation, or the terms or conditions or any other facts relating thereto, including, without limitation, the fact that discussions are taking place with respect thereto or the status thereof, or the fact that Confidential Information has been made available to the Receiving Party or its Representatives. As used herein. “Representatives” shall mean (i) employees of Receiving Party; (ii) attorneys, accountants, or other professional business advisors and, additionally, (iii) employees of the Receiving Party and those entities directly or indirectly owned by the Receiving Party, in each case, who shall be informed of the confidential nature of the Confidential Information and shall agree to act in accordance with the terms of this Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: or “there’s no magic here because the defendant’s witnesses cannot be trusted,” such comments may have been improper. See United States v. Krebs, 788 F.2d 1166, 1176 (6th Cir.1986). Petitioner next argues the prosecutor misrepresented the evidence by stating Detective Kimberly Rudolph “gave them two $20s because Mr. Perry said, Let’s get out of here” (Doc. No. 11, Ex. 31, p. 429). However, the Court agrees with the Magistrate’s conclusion that the prosecutor’s statement was not improper, nor misleading, as he merely paraphrased Detective Rudolph’s testimony (see Doc. No. 11, Ex. 26, pp. 214-15). In addition, the prosecutor’s statement is not similar to the statement made by the prosecutor in Macias v. Makowski, 291 F.3d 447 (6th Cir.2002), the case relied upon by Petitioner. Id. at 453 (<HOLDING>). Therefore, there was no misstatement of the Options: A. holding that the prosecutor acted improperly when he misstated that the key witness had not come forward until the day before trial when the witness had actually come forward over two months before trial B. holding request made two months before trial timely C. recognizing the witnesss failure to come forward promptly may impact the credibility of the witness D. holding that the defendants due process rights were violated when the trial judge singled out the only defense witness and indicated to that witness that he expected the witness to he and would personally ensure that the witness was prosecuted for perjury and thereby effectively drove that witness off the stand E. holding that affidavit from a new witness was not newly discovered evidence because trial counsel knew of the existence of the witness before trial trial counsel with due diligence could have discovered the evidence

assistant: The best answer is A. holding that the prosecutor acted improperly when he misstated that the key witness had not come forward until the day before trial when the witness had actually come forward over two months before trial
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: 765, 771, 525 N.E.2d 539, 543, 121 Ill.Dec. 481, 485 (1988). Nevertheless, the Court need not decide whether Markwell was a broker or an agent because Markwell admitted that the first time he ever became aware that there was a civil suit pending between Plaintiff and Schering was either in late 1995 or early 1996. Moreover, even when he learned of the suit, Markwell did not believe (until he received the July 31, 1996 letter) that Plaintiff wanted to make a formal claim on any of the policies issued by Defendant. By waiting at least three years prior to notifying Defendant of his claim for coverage, Plaintiff breached the prerequisite for coverage of timely notifying Defendant of an occurrence. See Industrial Coatings, 276 Ill.App.3d at 809, 658 N.E.2d at 1345, 213 Ill. Dec. at 324 (<HOLDING>); see also Hartford Cas. Ins. Co. v. Snyders, Options: A. holding that a five month delay is unreasonable B. holding that a 13 month delay was unreasonable C. holding that a 14 month delay was unreasonable D. holding that a six month delay was unreasonable E. holding that a five month delay was unreasonable

assistant: The best answer is C. holding that a 14 month delay was unreasonable
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 hereby irrevocably and unconditionally waives, to the fullest extent it may legally and effectively do so, any objection which it may now or hereafter have to the laying of venue of any suit, action or proceeding arising out of or relating to this Guaranty Agreement or any other Loan Document in any court referred to in Section 28 hereof. Each of the parties hereto hereby irrevocably waives, to the fullest extent permitted by law, the defense of an inconvenient forum to the maintenance of such action or proceeding in any such court.

assistant: Venues
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 rights you grant in this license are for the limited purpose of operating and providing our services ( such as to allow us to display your profile picture and status message , transmit your messages , store your undelivered messages on our servers for up to 30 days as we try to deliver them , and otherwise as described in our privacy policy ) .

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: (a) The Lux Borrower shall use the proceeds of the Initial Term Loans funded on the Closing Date solely to consummate the Refinancing, to pay the Transaction Expenses and for general corporate purposes.

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 legal provision and list the applicable contract clause categories. Provision: The headings and captions used in this Incremental Amendment are for convenience only and will not be deemed to limit, amplify or modify the terms of this Incremental Amendment, the Credit Agreement, or the other Loan Documents.

assistant: Headings
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: upon the complaint, the motion, and any affidavits or other evidence submitted whether it possesses the authority to further adjudicate the action. Id. Because the facts are not in dispute for the purposes of this appeal, and we could have raised the question of subject matter jurisdiction sua sponte, we are in as good a position as the trial court to determine it. Id. As originally enacted, Ind.Code § 6-1.1-12-28.5 created an incentive to recycle hazardous waste and solid waste by providing a large property tax deduction for tangible property used to convert the waste into energy or other useful products. P.L. 52-1979, SEC. 2. This RRS deduction created a ninety-five percent (95%) deduction from the assessed value of the RRS. In 1995, the legislature amended the statute, effe x 1994) (<HOLDING>). Also, it is possible that a constitutional Options: A. holding that the determination of whether the debtor is using real property as his principal residence is made as of the petition date for the purposes of section 1322b2 B. holding that forfeiture of real property may be adjudicated before the seizure occurs because real property cannot abscond C. holding that a tax appeal on real property is a lien on the real estate and not a personal obligation of the landowner D. holding that constitutional challenge to state system of real property taxation is a matter solely for judicial determination E. holding that plaintiffs may have a property interest in real property

assistant: The best answer is D. holding that constitutional challenge to state system of real property taxation is a matter solely for judicial determination
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 CONSIDERATION OF THE AMENDMENT CONTAINED HEREIN, THE SUFFICIENCY OF WHICH IS HEREBY ACKNOWLEDGED, THE BORROWER HEREBY IRREVOCABLY RELEASES AND FOREVER DISCHARGES THE LENDER AND EACH OF ITS RESPECTIVE AFFILIATES, SUBSIDIARIES, SUCCESSORS, ASSIGNS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES AND ATTORNEYS (EACH, A “ RELEASED PERSON ”) OF AND FROM ALL DAMAGES, LOSSES, CLAIMS, DEMANDS, LIABILITIES, OBLIGATIONS, ACTIONS AND CAUSES OF ACTION WHATSOEVER WHICH THE BORROWER MAY NOW HAVE OR CLAIM TO HAVE ON AND AS OF THE DATE HEREOF AGAINST ANY RELEASED PERSON, WHETHER PRESENTLY KNOWN OR UNKNOWN, LIQUIDATED OR UNLIQUIDATED, SUSPECTED OR UNSUSPECTED, CONTINGENT OR NON-CONTINGENT, AND OF EVERY NATURE AND EXTENT WHATSOEVER (COLLECTIVELY, “ CLAIMS ”) OTHER THAN ANY CLAIM ARISING SOLELY OUT OF THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF SUCH RELEASED PERSON. THE BORROWER REPRESENTS AND WARRANTS TO THE LENDER THAT IT HAS NOT GRANTED OR PURPORTED TO GRANT TO ANY OTHER PERSON ANY INTEREST WHATSOEVER IN ANY CLAIM, AS SECURITY OR OTHERWISE. THE BORROWER SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS EACH RELEASED PERSON FROM AND AGAINST ANY AND ALL CLAIMS AND ANY LOSS, COST, LIABILITY, DAMAGE OR EXPENSE (INCLUDING REASONABLE ATTORNEYS’ FEES AND EXPENSES) INCURRED BY ANY RELEASED PERSON IN INVESTIGATING, PREPARING FOR, DEFENDING AGAINST, PROVIDING EVIDENCE OR PRODUCING DOCUMENTS IN CONNECTION WITH OR TAKING OTHER ACTION IN RESPECT OF ANY COMMENCED OR THREATENED CLAIM.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: in support of my June 1, 2009 Medico-Legal Report concerning Robert T. Pritchard, Sr. ----, by way of rebuttal to the reports and testimony of Marshall Lichtman, M.D., Seymour Grufferman, M.D. and Michael I. Greenberg, M.D.”). More importantly, counsel were also advised at the outset of this case and upon the finalization of the Fourth Amended Case Management Order that the Court would permit live testimony of experts at any Daubert hearing. (Docket No. 142, Tram. Hr’g 9/22/09 at 25). Instead of proceeding in this fashion, Plaintiffs have submitted the declaration of Dr. Omalu for the purpose of rebutting the assertions of the defense experts regarding Dr. Omalu’s opinions. See Fisher v. Clark Aiken Matik, Inc., Civ. A. No. 99-1976, 2005 WL 6182824, at *1 (M.D.Pa. Sept. 26, 2005) (<HOLDING>). The Court fails to see how the facts set Options: A. holding that the federal expert witness compensation rules are in direct conflict with the state rules even when the state rules allow for a greater recovery B. holding that a violation of the rules of professional conduct may not be used as evidence and citing terry cove north for the proposition that the sole remedy for a violation of the rules of professional conduct was the imposition of disciplinary measures C. holding that there is neither a violation of the applicable discovery rules nor sanetionable conduct in the submission of a supplemental expert report to rebut the daubert motion D. holding that the burden is upon the state under the applicable federal rules of evidence E. holding that designation is neither a sentence nor a punishment

assistant: The best answer is C. holding that there is neither a violation of the applicable discovery rules nor sanetionable conduct in the submission of a supplemental expert report to rebut the daubert motion
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: no advice or information , whether oral or written , obtained from academia.edu or through the site , services or collective content , will create any warranty not expressly made herein .

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: eighteen-year-old defendant who had opportunity to consult with parent). Eight other states statutorily require police to notify a minor’s guardian or custodian immediately if a minor is taken into custody. See DelCode Ann. tit. 10 § 1004; Idaho Code § 20-516; 705 Ill. Comp. Stat. Ann. § 405/5-405; Mo.Rev.Stat. § 211.131(2); Neb. Rev.Stat. § 43-250; Nev.Rev.Stat. § 62.170; N.Y.Crim. Proc. Law § 140.20 (McKinney); S.C.Code Ann. § 20-7-7205. Statements made by juveniles during custodial interrogation where law enforcement authorities have violated those statutes consistently are suppressed. See People v. Gardner, 257 A.D.2d 675, 683 N.Y.S.2d 351 (1999) (observing that police are statutorily required to notify immediately guardian or parent of juvenile upon her arrest or stat (1973) (<HOLDING>); State v. Johnson, 221 Mont. 503, 719 P.2d Options: A. holding that consequence of deliberate violation of parental notification statute is suppression of statements made by defendant B. holding that because code 19260 a procedural statute did not expressly provide a right of suppression of evidence a violation of that provision did not require application of the exclusionary rule in the absence of a constitutional violation C. holding that enhancement of sentence after violation of probation was collateral rather than direct consequence of plea D. holding that because suppression of illegally obtained evidence is a form of injunctive relief suppression of defendants bank records obtained in violation of rsa chapter 359c is an appropriate remedy E. holding that technical violations of fedrcrimp 41 d require suppression if there was a deliberate disregard of the rule or if the defendant was prejudiced

assistant: The best answer is A. holding that consequence of deliberate violation of parental notification statute is suppression of statements made by 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: This Agreement shall be governed by, and construed in accordance with, the laws of the State of California, excluding any conflicts or choice of law rule or principle that might otherwise refer construction or interpretation of this Agreement to the substantive law of another jurisdiction. Any litigation pertaining to this Agreement shall be adjudicated in courts located in Santa Barbara County, California.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: (a) The Borrower shall make each payment (including principal of or interest on any Borrowing) hereunder and under any other Loan Document without setoff, counterclaim or deduction of any kind not later than 2:00 p.m., New York City time, on the date when due in dollars to the Lender at its offices at The Bank of Nova Scotia, 650 West Georgia Street, Suite 1800, Vancouver, British Columbia V6B 4N7, in immediately available funds.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: (1999) (emphasis added). Courts generally agree that “an entity ‘suffers or permits’ an individual to work if, as a matter of ‘economic reality,’ the entity functions as the individual’s employer.” Zheng v. Liberty Apparel Co. Inc., 355 F.3d 61, 66 (2d Cir.2003); see also Johnson v. The Unified Gov’t of Wyandotte County, 371 F.3d 723, 729 (10th Cir.2004). The Supreme Court specifically has observed that this broad definition of employ “whose striking breadth we have previously noted, stretches the meaning of ‘employee’ to cover some parties who might not qualify as such under such a strict application of traditional agency principles.” Nationwide Mut. Ins. Co., 503 U.S. at 326, 112 S.Ct. 1344; see also Falk v. Brennan, 414 U.S. 190, 195-96, 94 S.Ct. 427, 38 L.Ed.2d 406 (1973) (<HOLDING>); Greenberg v. Arsenal Bldg. Corp., 144 F.2d Options: A. holding witness not licensed as real estate appraiser could not testify as expert on real estate valuation where statute made it unlawful to engage in real estate appraisal without license B. holding that the twolevel enhancement was appropriate where the gun cash and a drug ledger were found in one apartment and the drugs were found in a different apartment in the same building C. holding that defendants had no reasonable expectation of privacy in the common areas of an apartment building D. holding that maintenance workers were employees of not only the apartment building owners but also the real estate management company E. holding the real estate sale proceeds

assistant: The best answer is D. holding that maintenance workers were employees of not only the apartment building owners but also the real estate management company
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: With respect to (a) any date prior to the Investment Grade Covenants Date and (b) the Specified Acquisition Date, the Borrower maintains, and has caused all of its Subsidiaries to maintain, (i) all insurance policies sufficient for the compliance by each of them with all material Governmental Requirements and all material agreements and (ii) insurance coverage in at least amounts and against such risk (including, without limitation, public liability) as is consistent with sound business practice.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Purchaser acknowledges that certain consents to the transactions contemplated by this Agreement (other than the Required Third Party Consents) may be required from counterparties to Contracts and that such consents may not be obtained prior to Closing. Seller shall use its commercially reasonable efforts (which shall not require Seller to pay any money or other consideration to any Person, to initiate any claim or proceeding against any Person or to otherwise grant any accommodation (financial or otherwise) to any Person) (i) to obtain such approval or consent and (ii) if such approval or consent cannot be obtained, to secure an arrangement reasonably satisfactory to Purchaser ensuring that Purchaser will receive the benefits under the Purchased Asset for which such consent is being sought and Purchaser will bear the burden of the Liabilities related to such Purchased Asset; provided , however , that notwithstanding anything to the contrary herein or otherwise (A) Seller shall have no obligation to obtain such consent or approval or to provide such an alternative arrangement other than the undertaking to use commercially reasonable efforts to obtain or provide the same as set forth in this ‎ Section 2.2 , and (B) Purchaser shall indemnify Seller in respect of all Liabilities incurred by Seller in respect of any such alternative arrangement and the underlying Purchased Asset. To the extent that, in connection with obtaining a third party’s consent under any Assumed Contract, one or more of the parties hereto enter into an agreement with such third party that provides for an allocation of Liability among the parties hereto with respect to such Assumed Contract that is inconsistent with the terms of this Agreement, the parties agree that, as among themselves, the provisions of this Agreement shall control.

assistant: Consents
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 notices, requests, demands and other communications to any party hereunder shall be in writing (including prepaid overnight courier, facsimile transmission or similar writing) and shall be given to any of the Borrowers and/or the Facility Agent and/or the Security Trustee at its respective address or facsimile number set forth below and to the Lenders at their addresses and facsimile numbers set forth in Schedule 1 hereto or at such other address or facsimile numbers as such party may hereafter specify for the purpose by notice to the other party hereto. Each such notice, request or other communication shall be effective (i) if given by facsimile, when such facsimile is transmitted to the facsimile number specified in this Section 17.1 and telephonic confirmation of receipt thereof is obtained or (ii) if given by mail, prepaid overnight courier or any other means, when received at the address specified in this Section or when delivery at such address is refused.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Lender shall have all the rights and remedies of a secured creditor under the provisions of the Uniform Commercial Code, as may be amended from time to time. In addition, Lender shall have and may exercise any or all other rights and remedies it may have available at law, in equity, or otherwise.

assistant: Remedies
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: 7.4 we reserve the right , in our sole discretion , to refuse to post or to remove or edit any of your user material , or to restrict , suspend , or terminate your access to all or any part of the products , particularly where user material breaches this section 7 , and we may do this with or without giving you any prior notice .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All communications hereunder shall be in writing and, if sent to any of the Initial Purchasers, shall be delivered or sent by mail or transmitted and confirmed in writing by any standard form of telecommunication to SunTrust Robinson Humphrey, Inc., 3333 Peachtree Road, 10th Floor, Atlanta, GA 30326, Facsimile: 404-926-5248, Attention: High Yield Syndicate, with a copy to Latham & Watkins LLP, 885 Third Avenue, New York, NY 10022, Attention: Michael Benjamin and if sent to the Company, shall be delivered or sent by mail, telex or facsimile transmission and confirmed in writing to the Company at 200 Oceangate, Suite 100, Long Beach, California 90802, Facsimile: 562-499-0612, Attention: Joseph W. White, Chief Financial Officer and Interim President and Chief Executive Officer, with a copy to Boutin Jones Inc., 555 Capitol Mall, Suite 1500, Sacramento, California 95814, Facsimile: 916-441-7597, Attention: Iain Mickle.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each Party agrees that it shall not, at anytime, make, directly or indirectly, any oral or written statements that are disparaging of the other Party, any of its subsidiaries, affiliates, successors or assigns, including any of its present or former officers, directors or employees. Each Party agrees that it shall not make any intentionally false or derogatory statements regarding the other Party. Any violation by either Party of this non-disparagement obligation shall constitute a material breach of this Agreement, entitling the aggrieved Party to seek and recover any and all consequential and foreseeable damages resulting from that breach. Company agrees that any press release concerning Executive’s departure from Company will simply state that Executive left Company to pursue other interests.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: With respect to each Mortgage Loan as of the related Funding Date, the Seller makes each of the “Representations and Warranties Respecting the Individual Mortgage Loans” as are set forth in the Guide as it exists on the related date such representation and warranty was made.

assistant: Representations
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: your use of such software is governed by the terms of the end user license agreement , if any , which accompanies , or is included with , the software ( `` license agreement '' ) .

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, THE OTHER CREDIT DOCUMENTS (OTHER THAN THE MORTGAGE) AND THE OBLIGATIONS ARISING HEREUNDER AND THEREUNDER SHALL BE GOVERNED BY, AND CONSTRUED AND INTERPRETED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK APPLICABLE TO CONTRACTS MADE AND PERFORMED IN SUCH STATE, WITHOUT REGARD TO THE CONFLICT OF LAW PRINCIPLES THEREOF. ANY MORTGAGE SHALL BE GOVERNED BY, AND CONSTRUED AND INTERPRETED IN ACCORDANCE WITH, THE LAWS OF THE STATE IN WHICH THE MORTGAGED PROPERTY IS LOCATED.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: but if , for any reason , any court with competent jurisdiction or any arbitrator selected pursuant to this arbitration provision holds that this restriction , limiting the arbitration to dispute ( s ) between you and linden lab , is unenforceable , then our agreement above to arbitrate will not apply and the dispute must be brought exclusively in the state or federal courts of san francisco county , california .

assistant: 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 legal provision and list the applicable contract clause categories. Provision: Except for the Stock Purchase Agreement, this Agreement constitutes the entire agreement, and supersedes all prior agreements, understandings representations and warranties, both written and oral, between the Parties 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 legal provision and list the applicable contract clause categories. Provision: The parties hereto agree that irreparable damage would occur and that the parties hereto would not have any adequate remedy at law in the event that any provision of this Letter Agreement were not performed in accordance with its specific terms or were otherwise breached and that money damages or other legal remedies would not be an adequate remedy for any such failure to perform or breach. It is accordingly agreed that, without posting a bond or other undertaking, the parties hereto shall be entitled to injunctive or other equitable relief to prevent breaches of this Letter Agreement and to enforce specifically the terms and provisions of this Letter Agreement in the Delaware Courts, this being in addition to any other remedy to which they are entitled at law or in equity. In the event that any such action is brought in equity to enforce the provisions of this Letter Agreement, no party hereto will allege, and each party hereto hereby waives the defense or counterclaim, that there is an adequate remedy at law. The parties hereto further agree that (a) by seeking any remedy provided for in this Section 14, a party hereto shall not in any respect waive its right to seek any other form of relief that may be available to such party hereto under this Letter Agreement and (b) nothing contained in this Section 14 shall require any party hereto to institute any action for (or limit such party’s right to institute any action for) specific performance under this Section 14 before exercising any other right under this Letter Agreement.

assistant: Specific Performance
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: disposition” of the charge. N.J.S.A. 2A:159A-3(a). “[F]or good cause shown in open court, [with] the prisoner or his counsel being present, the court” of the jurisdiction in which the charge was lodged “may grant any necessary or reasonable continuance.” Ibid. The express purpose of the IAD is to provide relief from the uncertainties caused by detainers based on outstanding indictments, information, or complaints, “which obstruct programs of prisoner treatment and rehabilitation.” N.J.S.A. 2A:159A-1; accord Carchman v. Nash, 473 U.S. 716, 720, 105 S.Ct. 3401, 3403, 87 L.Ed.2d 516, 521 (1985). However, by its very terms, the IAD only applies when a detainer has been lodged against the prisoner. N.J.S.A. 2A:159A-3(a); see Schneider v. Commonwealth, 17 S.W.3d 530, 533-34 (Ky.Ct.App.1999) (<HOLDING>); Theis v. State, 30 P.3d 1140, 1145-46 Options: A. holding that the 180day statutory limit in the iad is tolled starting from the time that a defendant is not represented by counsel until new counsel is either appointed or retained when the defendant has not waived his right to counsel because during this period a defendant is unable to stand trial in accordance with the iad citation omitted B. holding that because the stated purpose of the iad is to prevent interference with a prisoners rehabilitative environment there is no reason for the iad to apply to a prisoner until he or she is assigned to the institution where the sentence will be served C. holding that the language of the statute and the courts duty to apply the statute as written requires the court to interpret the statute to apply when the prisoner is sentenced without regard to the institution where the prisoner is incarcerated after the sentencing D. holding that iad is not applicable until a state lodges a detainer in the jurisdiction where the prisoner is incarcerated E. holding the iad was not applicable to a prisoner who had been sentenced but was incarcerated in a local jail or holding facility while awaiting transfer to the assigned penal institution

assistant: The best answer is D. holding that iad is not applicable until a state lodges a detainer in the jurisdiction where the prisoner is incarcerated