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 noted that presence at the crime scene or failure to inform law enforcement officers of a crime does not make one an accomplice as a matter of law. In Atkinson, supra, this court stated: Relevant factors in determining the connection of an accomplice to a crime are the presence of the accused in proximity of a crime, the opportunity to commit the crime, and an association with a person involved in a manner suggestive of joint participation. Id. A defendant is an accomplice so long as the defendant renders the requisite aid or encouragement to the principal with regard to the offense at issue, irrespective of the fact that defendant was not present at the murder scene and did not directly commit the murder. See Sumlin v. State, 273 Ark. 185, 618 S.W.2d 372 [617 S.W.2d 372] (1981) (<HOLDING>). 347 Ark. at 347. In its Findings of Fact and Options: A. holding undisclosed statement that someone other than the defendant possessed the murder weapon three weeks after the murder was not material exculpatory evidence in light of this overwhelming evidence that buehl had the murder weapon at the time of the killings and that he was the murderer B. holding the death penalty proportionate where the nineteenyearold defendant failed to establish that he was immature at the time of the murder and the record established that he was the mastermind behind the murder C. holding that conspiracy to commit murder is not lesserincluded offense of firstdegree murder D. holding that it is irrelevant that sumlin who was in jail at the time of the murder did not pull the trigger if he aided solicited or encouraged his wife ruth sumlin in committing the murder E. holding that indictment for murder in the first degree charges murder by whatever means it may have been committed regardless of the theory of murder presented to the grand jury

assistant: The best answer is D. holding that it is irrelevant that sumlin who was in jail at the time of the murder did not pull the trigger if he aided solicited or encouraged his wife ruth sumlin in committing the murder
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: hearsay, Lindsey argues it was error for the trial court to allow Creamer’s notes to be admitted into evidence as an exhibit upon the State’s motion and given to the jury during its deliberations based upon the plain language of Rule 803(5), SCRE. We find this argument is not preserved for our review. After the charge to the jury and closing arguments, the following exchange occurred: The Court: All right. Are the exhibits in order? Both sides agree? What says the State? Ms. Huey: Yes, sir, Your Honor. The Court: And Defense? Mr. Robinson: Yes sir, Your Honor. As evidenced by this colloquy, Lindsey did not object to the admission of Creamer’s notes as an exhibit. Therefore, this issue is not preserved for our review. See State v. Johnson, 324 S.C. 38, 41, 476 S.E.2d 681, 682 (1996) (<HOLDING>); State v. Hoffman, 312 S.C. 386, 393, 440 Options: A. holding that in order to preserve an issue for review a party must make a timely and specific objection at trial B. holding a contemporaneous objection is required to preserve an issue for appellate review C. holding party must make timely and specific objection at trial to preserve issue for appellate review D. holding a contem poraneous objection is required at trial to preserve an issue for appellate review E. holding a general ruling by the trial court is insufficient to preserve a specific issue for appellate review

assistant: The best answer is D. holding a contem poraneous objection is required at trial to preserve an issue for appellate review
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: state provide him with a free transcript of the separate trial of a codefendant, the defendant must show that that transcript will be valuable to him. “In the present case, defendant did not show in the trial court and does not show on appeal how the transcript of the Audison trial would have assisted in trial preparation or impeaching witnesses. Therefore, we hold that the trial court did not err in denying defendant’s motion for the production of portions of the Audison trial transcript. 126 Mich.App. at 766-69, 337 N.W.2d at 917-18. Thus, where a defendant requested a transcript of a proceeding involving a codefendant, to which he was not a party, a number of jurisdictions have required a showing of particularized need. See People v. Russell, 7 Ill.App. 3d 850, 289 N.E.2d 106 (1972) (<HOLDING>). Similarly, in State v. Tison, 129 Ariz. 526, Options: A. holding that the defendant was entitled to counsel when the offense for which he was tried could result in the imposition of a jail sentence B. holding that the defendant may not state one ground at trial and another on appeal C. holding that a defendant was entitled to a transcript of the trial of codefendants who were tried together and convicted where one of the convictions was reversed on the ground of reasonable doubt D. holding that where there were two possible grounds to revoke defendants probation and only one ground was relied on to revoke his probation defendant was not entitled to jailtime credit when he was later convicted on the offense that constituted the other ground it did not matter that the authorities learned about the ground for revocation while investigating the offense for which he was convicted sjection 558031 requires only that custody be related to the offense on which credit is sought because his custody was not related to the convicted offense he did not get any credit E. recognizing that a defendant may not raise one ground for objection at trial and argue a different ground on appeal

assistant: The best answer is C. holding that a defendant was entitled to a transcript of the trial of codefendants who were tried together and convicted where one of the convictions was reversed on the ground of reasonable doubt
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: It shall be the duty of the Committee to conduct the general administration of the Plan in accordance with its provisions. The Committee shall have the power to interpret the Plan and the Award Agreements, and to adopt such rules for the administration, interpretation and application of the Plan as are consistent therewith, to interpret, amend or revoke any such rules, to delegate authority in accordance with Section 5.5 and to amend any Award Agreement provided that the rights or obligations of the Participant of the Award that is the subject of any such Award Agreement are not affected adversely. Any such grant or award under the Plan need not be the same with respect to each Participant. The Committee may, in its sole discretion, adopt special guidelines and provisions for persons who are residing in or employed in, or subject to, the taxes of, any domestic or foreign jurisdictions to comply with applicable tax and securities laws of such domestic or foreign jurisdictions.

assistant: Duties
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: Falmouth. The children are to attend Auburn schools so long as either Lisa or Gary resides in the Auburn home. II. THE ORAL AGREEMENT [¶ 9] Lisa contends that the court erred by finding that the agreement was unenforceable because it was not in writing. She contends that because she substantially complied with the agreement, the part performance doctrine applies and creates an exception to the writing requirement of the statute of frauds. Lisa, however, does not challenge the court’s third basis for its decision: that performance of the agreement was impossible. Because the court had a valid, independent, unchallenged basis for concluding the agreement was unenforceable, we do not reach Lisa’s statute of frauds challenge. See Holland v. Sebunya, 2000 ME 160, ¶ 9 n. 6, 759 A.2d 205, 209 (<HOLDING>). III. DISTRIBUTION OF MARITAL PROPERTY [¶ 10] Options: A. holding that issues must be briefed to be preserved on appeal B. holding that errors not raised before the trial court will not generally be considered on appeal C. holding that issues not briefed on appeal are deemed abandoned D. holding that issues not briefed to this court generally will not be considered on appeal E. holding issues not adequately briefed on appeal are abandoned

assistant: The best answer is D. holding that issues not briefed to this court generally will not be considered on appeal
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: During the Term, Executive shall be eligible for a bonus and stock option program based upon Bank, Team and Individual performance and profitability. The bonus pool for Executive and his teams is discretionary, will be calculated at 7.5% of pre-tax income for the respective divisions, and will be determined by Executive for each employee of his divisions, including himself, subject to review and approval by the Compensation Committee of the Board. Benefits also include 401-k plan with match; health, dental, life and disability insurance; country club membership; and annual car allowance of $12,000, payable $1,000 monthly.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Amendment shall not be construed more strictly against the Administrative Agent or any Lender merely by virtue of the fact that the same has been prepared by the Administrative Agent, any Lender or their respective counsel, it being recognized that the Loan Parties, the Administrative Agent and the Lenders have contributed substantially and materially to the preparation of this Amendment, and each party acknowledges and waives any claim contesting the existence and the adequacy of the consideration given by any of the other parties hereto in entering into this Amendment.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: If any provision of this Agreement shall be held by a court to be invalid, unenforceable, or void, such provision shall be enforced to the fullest extent permitted by law, and the remainder of this Agreement shall remain in full force and effect. In the event that the time period or scope of any provision is declared by a court of competent jurisdiction to exceed the maximum time period or scope that such court deems enforceable, then such court shall reduce the time period or scope to the maximum time period or scope permitted by law.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Macias was deprived of her federal constitutional right to the erm “injury” to refer to the compensable harm that may have been caused by the alleged constitutional deprivation. We agree with the Appellants that the district court erred as a matter of law in concluding that the alleged constitutional deprivation was the murder of Mrs. Macias. It is well established that “there is no constitutional right to be protected by the state against being murdered by criminals or madmen.” Bowers v. DeVito, 686 F.2d 616, 618 (7th Cir.1982). There is a constitutional right, however, to have police services administered in a nondiscriminatory manner — a right that is violated when a state actor denies such protection to disfavored persons. See Navarro v. Block, 72 F.3d 712, 715-17 (9th Cir.1995) (<HOLDING>); Balistreri v. Pacifica Police Dep’t, 901 F.2d Options: A. recognizing such a claim under 1983 B. recognizing cause of action C. recognizing a cause of action under 1983 based upon the discriminatory denial of police services D. recognizing the cause of action E. holding that in a 1983 action issue of probable cause is for the jury

assistant: The best answer is C. recognizing a cause of action under 1983 based upon the discriminatory denial of police services
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company and each Subsidiary is in compliance with all laws, regulations and orders of any Governmental Authority applicable to it or its property, except where the failure to be in compliance, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each Party hereby represents and warrants to the other Party that (a) except with respect to the Tandem Award Terms Approval, (i) such Party has all requisite power and authority to execute and deliver this Agreement, to carry out its obligations hereunder, and to consummate the transactions contemplated hereby and (ii) such Party has obtained all necessary corporate or limited liability company, as applicable, approvals for the execution and delivery of this Agreement, the performance of its obligations hereunder, and the consummation of the transactions contemplated hereby and (b) this Agreement has been duly executed and delivered by such Party and (assuming due authorization, execution and delivery by the other Party) constitutes such Party’s legal, valid and binding obligation, enforceable against it in accordance with its terms.

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: all materials displayed or performed on the site , including , but not limited to text , graphics , logos , tools , photographs , images , illustrations , software or source code , audio and video , animations and themes ( as defined below ) , including without limitation the 9gag , inc template code ( as defined below ) ( collectively , `` content '' ) ( other than content posted by subscriber ( `` subscriber content '' ) ) are the property of 9gag , inc and/or third parties and are protected by hong kong and international copyright laws .

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: The Guaranteed Obligations under this Guaranty (exclusive of any other obligations of Guarantor under any other guaranty, indemnity or similar agreement relating to the Loan, and any obligations related to then ongoing and pending claims made under this Guaranty) shall terminate upon the indefeasible repayment in full of the Debt and the expiration of all applicable preference periods under the Bankruptcy Code.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Voluntary or involuntary termination of your employment shall affect your rights as set forth in the applicable Plan and the Employment Agreement. If a Change in Control occurs during the Performance Period, then the Performance Period will end as of the close of the trading day immediately preceding the effective date of the Change in Control, and the Committee will determine the level of performance achieved during the Performance Period. Any RSUs that are earned for the Performance Period that have not been previously forfeited shall immediately vest. The Committee may cancel the RSUs and pay you in cash or stock the value of such RSUs that vest by operation of the previous sentence based upon the price per share to be received by other shareholders in the Change in Control.

assistant: Change In Control
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: failure to obtain the boots and make them available during pre-trial discovery, thereby leading to their exclusion, amounted to ineffective assistance of counsel. Hooks, 19 P.3d at 306-07, 318. The OCCA resolved these claims on the merits. As to the due process claim, the OCCA concluded the trial court erred in excluding Hooks’s boots as a discovery sanction. Id. at 306-07. It concluded, however, the error was harmless beyond a reasonable doubt because the prosecution connected Hooks to the crime through DNA and palm print evidence. Id. at 307. For that very same reason, the OCCA determined Hooks was not entitled to relief on his claim of ineffective assistance because he could not satisfy Strickland’s prejudice prong. Id. at 318; cf. Strickland, 466 U.S. at 694, 104 S.Ct. 2052 (<HOLDING>). On appeal to this court, Hooks asserts the Options: A. holding that to establish prejudice there must be a reasonable probability that but for counsels unprofessional errors the result of the proceeding would have been different B. holding that to show prejudice in a claim of ineffective assistance of appellate counsel the petitioner must show a reasonable probability that but for counsels errors the result of the proceeding would have been different C. holding that in order to show prejudice defendant must demonstrate that there is a reasonable probability that but for counsels unprofessional errors the result of the proceeding would have been different D. holding that to establish prejudice sufficient to warrant finding of ineffective assistance the defendant must show that there is a reasonable probability that but for counsels unprofessional errors the result of the proceeding would have been different E. holding that to satisfy the prejudice prong a petitioner must establish that but for counsels errors there is a reasonable probabil ity the result of the proceeding would have been different

assistant: The best answer is E. holding that to satisfy the prejudice prong a petitioner must establish that but for counsels errors there is a reasonable probabil ity the result of the proceeding would have been different
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: you agree to take reasonable precautions in all communications and interactions with other users of the services and with other persons with whom you communicate or interact as a result of your use of the services , particularly if you decide to meet offline or in person .

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 Forbearance Agreement may only be amended or modified in writing by the Facility Lessee, the Lease Indenture Trustee, the Pass Through Trustee and each Consenting Certificateholder.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: be reviewed for plain error, apparently based on the fact that Aenlle did not raise any objections after his sentence was imposed. However, “so as long as a party states its objection to the sentence at some point during the sentencing hearing, its failure to repeat the objection at the conclusion of the imposition of sentence will not result in a waiver of that objection.” United States v. Hoffer, 129 F.3d 1196,1202 (11th Cir.1997) (discussing United States v. Weir, 51 F.3d 1031, 1033 (11th Cir.1995)). Aenlle adequately raised his objections that there was insufficient evidence to hold him accountable for the losses relating to Direct Nursing billing from June 2003 to June 2006 and the Prestige Pharmacy kickbacks, even though he did not reiterate them after sentencing. See id. at 1203 (<HOLDING>). Therefore, the more stringent plain error Options: A. holding that government waived right to challenge alleged error of district court in failing to impose statutory minimum sentence under 841b1b by failing to object to sentence announced by district court B. holding that a sentence imposed for a violation of supervised release will be upheld where 1 the district court considered the applicable policy statements 2 the sentence is within the statutory maximum and 3 the sentence is reasonable C. recognizing that if a guidelines error did not affect the district courts selection of the sentence imposed the sentence should be affirmed D. holding that sentencing error is harmless if the error did not affect the district courts selection of the sentence imposed E. holding that the government did not waive its objections to the district courts departure decision and the resulting sentence by failing to reiterate these objections after the sentence was imposed

assistant: The best answer is E. holding that the government did not waive its objections to the district courts departure decision and the resulting sentence by failing to reiterate these objections after the sentence was imposed
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 Restricted Stock Units, although not granted pursuant to the Lands’ End, Inc. 2014 Stock Plan (As Amended and Restated) (the “ Plan ”) shall, except as expressly set forth in this Agreement, be subject to the terms and provisions of the Plan, which is incorporated herein by reference. The Grantee hereby acknowledges receipt of a copy of the Plan. All capitalized terms used but not defined herein have the definitions set forth in the Plan.

assistant: Definitions
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: on vagueness grounds. See, e.g., FCC v. Fox Television Stations, Inc., — U.S. -, 132 S.Ct. 2307, 2320, 183 L.Ed.2d 234 (2012). It follows, therefore, that because the Guidelines are “equivalent” to regulations, which are subject to constitutional challenges such as vagueness, the Guidelines should also be subject to vagueness challenges. Indeed, the Supreme Court has resolved both constitutional challenges to the Guidelines as a whole and individual Guidelines provisions. See, e.g., Mistretta v. United States, 488 U.S. 361, 109 S.Ct. 647, 102 L.Ed.2d 714 (1989) (upholding Guidelines as constitutional, not an excessive delegation of legislative power or a violation of the separation-of-powers doctrine); Wade v. United States, 504 U.S. 181, 112 S.Ct. 1840, 118 L.Ed.2d 524 (1992) (<HOLDING>). And in Stinson, the Court explained that Options: A. holding that where a statute provides a procedure for judicial review of a bid protest a party may not circumvent the established procedures and was obligated either to pursue its right to judicial review or to file its declaratory judgment action in compliance with the procedures for administrative appeal set out in the statute B. holding that the action of denying parole is not an adjudication subject to judicial review C. holding that the governments refusal to file a substantialassistance motion under ussg 5k11 is subject to judicial review for unconstitutional motive D. holding that because here the statutes in issue provide for judicial review via citizen suit provisions yet do not set forth a standard for that review judicial review is limited to apa review on the administrative record E. holding that the filing of a motion for reconsideration does not toll the period for seeking judicial review of the underlying order

assistant: The best answer is C. holding that the governments refusal to file a substantialassistance motion under ussg 5k11 is subject to judicial review for unconstitutional motive
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 Partnership shall terminate when all of the assets of the Partnership, after payment of or due provision for all debts, liabilities and obligations of the Partnership, shall have been distributed to the holders of Units in the manner provided for in this Article IX, and the Certificate shall have been cancelled in the manner required by the Act.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Except with respect to the material terms and conditions of the transactions contemplated by the Transaction Documents, the Company confirms that neither it nor any other Person acting on its behalf has provided the Holder or its agents or counsel with any information that it believes constitutes or might constitute material, non-public information. The Company understands and confirms that the Holder will rely on the foregoing representation in effecting transactions in securities of the Company. All of the disclosure furnished by or on behalf of the Company to the Holder regarding the Company and its Subsidiaries, their respective businesses and the transactions contemplated hereby is true and correct and does not contain any untrue statement of a material fact or omit to state any material fact necessary in order to make the statements made therein, in light of the circumstances under which they were made, not misleading. The press releases disseminated by the Company during the twelve months preceding the date of this Agreement taken as a whole do not contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary in order to make the statements therein, in light of the circumstances under which they were made and when made, not misleading. The Company acknowledges and agrees that the Holder makes no nor have made any representations or warranties with respect to the transactions contemplated hereby other than those specifically set forth in Section 3 hereof.

assistant: Disclosures
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 Contribution Agreement and the documents or instruments referred to herein and therein, including any exhibits and schedules attached hereto and thereto, embody the entire agreement and understanding of the parties hereto in respect of the subject matter contained herein. There are no restrictions, promises, representations, warranties, covenants or undertakings, other than those expressly set forth or referred to herein. This Agreement and such other agreements supersede all prior agreements and the understandings among the parties with respect to such subject matter.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: you may not sign up for more than one free trial of a given premium service at the same time , and we reserve the right to limit your ability to take advantage of multiple free trials .

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: Allied Stores of Ohio, Inc. v. Bowers, 358 U.S. 522 [79 S.Ct. 437, 3 L.Ed.2d 480] (1959), and their progeny. Id. at 458, 105 S.Ct. at 3264 (Marshall, J., concurring in the judgment in part and dissenting in part). The use of this heightened form of the rational-basis standard, which falls somewhere between traditional rational basis and intermediate scrutiny, and which we label “heightened rational basis,” has been identified as implicit in several other Supreme Court decisions. See Kushner, supra, at 457-59 (discussing Hooper v. Bernalillo County Assessor, 472 U.S. 612, 618-23, 105 S.Ct. 2862, 2866-69, 86 L.Ed.2d 487 (1985); Williams v. Vermont, 472 U.S. 14, 27, 105 S.Ct. 2465, 86 L.Ed.2d 11 (1985); Metropolitan Life Ins. Co. v. Ward, 470 U.S. 869, 883, 105 S.Ct. 1676, .D.Va.1988) (<HOLDING>) (citing cases), rev’d, 886 F.2d 686 (4th Options: A. holding that the supreme court has final appellate review of agency decisions B. holding that cage has not been made retroactive by the supreme court C. recognizing that several circuits have recently announced alleyne does announce a new rule of constitutional law not made retroactive by the supreme court emphasis added D. recognizing that the supreme court recently has demonstrated that the rationality standard has teeth E. recognizing that the supreme court has indicated that affirmative misconduct is a prerequisite to a finding of estoppel against the united states

assistant: The best answer is D. recognizing that the supreme court recently has demonstrated that the rationality standard has teeth
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: advice, “[a] party seeking to withhold discovery based upon the attorney-client privilege must prove that all of the. communications it seeks to protect were made ‘primarily for the purpose of generating legal advice.’ ” Griffith v. Davis, 161 F.R.D. 687, 697 (C.D.Cal.1995) (citation omitted); see also N.C. Elec. Membership Corp. v. Carolina Power & Light Co., 110 F.R.D. 511, 514 (1986) (“In order for the privilege to apply, the attorney receiving a communication must be acting as an attorney and not simply as a business advisor.”). Whether an attorney-client relationship exists is a question of law, but the decision is dependent on the facts. Sky Valley Ltd. P’ship v. ATX Sky Valley, Ltd., 150 F.R.D. 648, 652 (N.D.Cal.1993); United States v. Layton, 855 F.2d 1388, 1406 (9th Cir.1988) (<HOLDING>). Further, when deciding what constitutes legal Options: A. holding that deciding factor is what perspective client not lawyer thought B. holding that no one factor is determinative and the weakness of one factor may be overborne by the strength of the others C. holding factor b is not unconstitutionally vague D. recognizing that court need not address each hahn factor if defendant does not raise issue relating to that factor E. holding that concealment is just one factor to consider and is not a mandatory element

assistant: The best answer is A. holding that deciding factor is what perspective client not lawyer thought
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: § 39.407(14); Fla. R. Juv. P. 8.250(b). The “in controversy” and “good cause” requirements are also included in Florida Rule of Civil Procedure 1.360(a), which provides for mental examinations in civil actions. In a case involving a mental examination of a father in a dissolution modification action, this court explained the “in controversy” requirement under rule 1.360(a). See Williams v. Williams, 550 So.2d 166 (Fla. 2d DCA 1989). For a parent’s mental health to be “in controversy,” “the condition must directly involve a material element of the cause of action.” Id. at 167. But see In re T.M.W., 553 So.2d 260, 262-63 (Fla. 1st DCA 1989) (assuming the. parent’s mental condition was in controversy because custody was at issue); In re S.N., 529 So.2d 1156, 1159 (Fla. 1st DCA 1988) (<HOLDING>). In Gasparino v. Murphy, 352 So.2d 933 (Fla. Options: A. holding that a proceeding under section 547 is a core proceeding B. holding that a workers compensation proceeding is a legal proceeding C. holding simply that padilla was not made retroactive to cases on collateral review without further analysis D. holding that a witness who testifies in one proceeding may not be compelled to give further testimony in a different proceeding E. holding that the mothers mental condition was implicated in a dependency proceeding without further analysis

assistant: The best answer is E. holding that the mothers mental condition was implicated in a dependency proceeding without further analysis
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: Unless the context requires otherwise: (i) any pronoun used in this Agreement shall include the corresponding masculine, feminine or neuter forms; (ii) references to Sections, paragraphs and clauses refer to Sections, paragraphs and clauses of this Agreement; (iii) the terms “ include ,” “ includes ,” “ including ” or words of like import shall be deemed to be followed by the words “without limitation”; (iv) the terms “ hereof ,” “ herein ” or “ hereunder ” refer to this Agreement as a whole and not to any particular provision of this Agreement; (v) unless the context otherwise requires, the term “or” is not exclusive and shall have the inclusive meaning of “and/or”; (vi) defined terms herein will apply equally to both the singular and plural forms and derivative forms of defined terms will have correlative meanings; (vii) references to any law or statute shall be deemed to refer to such law or statute as amended or supplemented from time to time and shall include all rules and regulations and forms promulgated thereunder, and references to any law, rule, form or statute shall be construed as including any legal and statutory provisions, rules or forms consolidating, amending, succeeding or replacing the applicable law, rule, form or statute; (viii) references to any agreement or contract are to that agreement or contract as amended, modified or supplemented from time to time in accordance with the terms hereof and thereof; (ix) references to any Person include such Person’s successors and permitted assigns; (x) references to “days” are to calendar days unless otherwise indicated; and (xi) references to “writing”, “written” and comparable terms refer to printing, typing and other means of reproducing words (including electronic media) in a visible form. Each of the parties hereto acknowledges that each party was actively involved in the negotiation and drafting of this Agreement and agrees that no law or rule of construction shall be raised or used in which the provisions of this Agreement shall be construed in favor or against any party hereto because one is deemed to be the author thereof. All references to laws, rules, regulations and forms in this Agreement shall be deemed to be references to such laws, rules, regulations and forms, as amended from time to time or, to the extent replaced, the comparable successor thereto in effect at the time. All references to agencies, self-regulatory organizations or governmental entities in this Agreement shall be deemed to be references to the comparable successors thereto from time to time.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: from negotiation and completion of this documentation,” was entered into between Celltex Therapeutics Corporation (“Cehtex”), RNL Bio, Ltd. n/k/a K-Stemcell Co., Ltd. (“K-Stemcell”), Human Biostar, Inc. (“Biostar”), and Hyeonggeun Park. Subsequently, Celltex moved to compel arbitration, as the parties had been unable to “resolve the differences between [their] drafts” of “the documents necessary to consummate [the Agreement].” According to Celltex’s motion to compel arbitration, the Agreement was made pursuant to Rule 11 of the Texas Rules of Civil Procedure and a true and correct copy of the Agreement was filed with the clerk of the 434th District Court of Fort Bend County, Texas, on June 26, 2014. Neither K-Stem-cell nor Biostar contest Celltex’s App.-Fort Worth 2003, no pet.) (<HOLDING>); Tex. Sting, Ltd. v. R.B. Foods, Inc., 82 Options: A. holding that appellant could challenge interlocutory partial summary judgment even though notice of appeal stated that appeal was from order sustaining subsequent plea to the jurisdiction B. holding that notice indicating appeal was from judgment on date of jury verdict was insufficient to preserve appeal from earlier order granting summary judgment C. holding that a premature notice of appeal from an interlocutory summary judgment was deemed effective when the trial court granted a severance and rendered the summary judgment final D. holding same as to the filing of a notice of an interlocutory appeal E. holding that notice indicating the appeal was from summary judgment order was insufficient to confer appellate jurisdiction to reach appellants challenge to earlier order compelling arbitration

assistant: The best answer is A. holding that appellant could challenge interlocutory partial summary judgment even though notice of appeal stated that appeal was from order sustaining subsequent plea to the 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: This Note shall be construed as a whole, in accordance with its fair meaning, and without regard to or taking into account any presumption or other rule of law requiring construction against the party preparing this Note. If the day on which any action to be performed or any payment made hereunder is not a business day, such action shall be performed or such payment made on the immediately succeeding business day.

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: criminal statutes at issue. However, appel-lees admitted at oral argument that the pilots could comply with both the Florida criminal statutes and §§ 341-43 without any problem. Moreover, the state statutes here, criminalizing the operation .of commercial airlines while intoxicated, do not stand as an obstacle to the purpose of 18 U.S.C. §§ 341-43 or the federal regulatory scheme, and certainly not in a "facially conclusive" manner. See Crosby, 530 U.S. at 372-73, 120 S.Ct. at 2294. As such, the remainder of our focus will be on the other two types of preemption. 12 . 18U.S.C. §§ 341-43. 13 . The text of § 1(E) of Appendix J, entitled "Preemption of State and local laws,” provides that, 1. Except as provided in subparagraph 2 of this paragraph, these regulation 5, 199 (5th Cir.2002) (<HOLDING>). 15 . This interpretation might suggest a Options: A. holding that the narrow scope of the savings clause found in the second sentence of subsection a implied a broad scope of preemption for subsection a because the court concluded the second sentence would hardly have seemed necessary if state law were only narrowly preempted B. holding that because the first sentence of 45106a expressly limited the preemptive effect to inconsistent state regulation it would not infer a negative pregnant from the second sentence of subsection a that laws other than the specific state criminal laws described would be preempted C. holding the state law claims were not preempted D. holding that under subsection al as then written the defendant had no right to appeal whether his sentence was supported by evidence presented because he entered into a plea agreement as to the sentence E. holding a state law invalid under obstacle preemption without discussing the scope of the federal statutes expresspreemption clause

assistant: The best answer is A. holding that the narrow scope of the savings clause found in the second sentence of subsection a implied a broad scope of preemption for subsection a because the court concluded the second sentence would hardly have seemed necessary if state law were only narrowly preempted
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 and demands to or upon the Administrative Agent hereunder shall be in writing and effected in the manner provided for in Section 10.02 of the Credit Agreement. All notices, requests and demands hereunder to any Debtor shall be in writing and given to it at its address or telecopy number set forth in Schedule 10.02 to the Credit Agreement or at such other address in the United States as may be specified by such Debtor in a written notice delivered to the Administrative Agent in accordance with Section 10.02 of the Credit Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: has exhibited dangerous behavior towards females, and the underlying murder involved stab wounds to the victim’s nipples and right labia. See McAleese v. Mazurkiewicz, 1 F.3d 159, 163 (3d Cir.1993). 13 . Johnson applied 28 U.S.C. § 2255, which imposes a one-year statute of limitations on motions by prisoners seeking to modify their federal sentences. Like section 2244, section 2255 states that the one-year period runs from the latest of four alternative dates, the last of which is “the date on which the facts supporting the claim or claims presented could have been discovered through the exercise of due diligence.” 28 U.S.C. § 2255. We see no reason to distinguish between “facts supporting the claim” in section 2255 and "factual predicate” in section 2244. See Burns, 134 F.3d at 111-12 (<HOLDING>). 14 . We are surprised and disappointed that Options: A. holding that the oneyear bar contained in 2255 acts as an affirmative defense and not a jurisdictional bar B. holding that the aedpa oneyear statute of limitations applies to amendments to 2255 motions C. holding that limitations periods are tolled regardless of why the district court denied certification D. holding that oneyear limitations periods under sections 2244 and 2255 are virtually identical E. holding that oneyear limitations period set forth in 2255 is not a jurisdictional bar and is thus subject to equitable tolling

assistant: The best answer is D. holding that oneyear limitations periods under sections 2244 and 2255 are virtually identical
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 Committee may waive any conditions or rights under, amend any terms of, or alter, suspend, discontinue, cancel or terminate this Agreement, but no such waiver, amendment, alteration, suspension, discontinuance, cancellation or termination shall materially adversely affect the rights of the participant hereunder without the consent of the Participant. The Participant acknowledges that a waiver by the Company of breach of any provision of this Agreement shall not operate or be construed as a waiver of any other provision of this Agreement, or of any subsequent breach by the Participant or any other participant in the Plan.

assistant: Amendments