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: punishment for future convictions is clear. Presently, Appellant had reason to know that a conviction subsequent to his prior three would expose him to the three-strikes law mandatory minimum sentence. Moreover, it is possible to interpret the statute as purely punitive in nature, creating a harsher penalty not in the interests of rehabilitation of the offender, but because of a defendant’s repeated commissions of criminal acts. A dispute over the proper policy to be adopted by the Commonwealth should be left to the legislature and not to this Court. Although recidivist in nature, the language is clear, and the other sections cited by the Majority do not persuade me to override that language as clearly contrary to the purpose of the statute. I am bound by t 3001, 77 L.Ed.2d 637 (1983) Options: A. holding that a sentence of 25 years to life imposed for felony grand theft under californias threestrikes law did not violate the eighth amendment B. holding that an effective life sentence of fortyfive years for seconddegree forgery was excessive and that a life sentence was cruel and unusual in violation of the eighth amendment C. holding that the mandatory life sentence provisions of 21 usc 841b1 do not violate the eighth amendment D. holding unconstitutional a sentence of life imprisonment for passing a bad check by a convicted felon E. holding that it was a violation of the eighth amendment to sentence a defendant to life for a seventh nonviolent felony of writing a bad check for 10000

assistant: The best answer is E. holding that it was a violation of the eighth amendment to sentence a defendant to life for a seventh nonviolent felony of writing a bad check for 10000
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: 152 (1856), the Supreme Judicial Court held: When a party holds a mortgage to secure the payment of a single negotiable note only, and no formal assignment is made of the mortgage, and nothing to indicate an intention of the parties that it is not to be assigned; as the mortgagee and indorser of the note, after such indorsement, would hold only a barren fee, without beneficial interest, and as the mortgage accompanying the note would be highly beneficial to the indorsee for the security of his note, the law may well imply the intention of the parties that the mortgage is thenceforth to be held by the mortgagee in trust for the indorsee. In other words, such a transaction might manifest a resulting trust. Id. at 154; see Collins v. Curtin, 325 Mass. 123, 125-26, 89 N.E.2d 211 (1949) (<HOLDING>); Sturtevant v. Jaques, 96 Mass. 523, 527 Options: A. holding that a title holder has the superior right to possession over one who holds no title B. holding that by operation of law a trust results where a person holds naked title for the benefit of another C. holding in addition that where constructive trust imposed trustee holds legal title only under section 541a D. recognizing where naked trust created the division of naked legal title and equitable title which may be united at option of cestui que trust E. holding that express trust was created for benefit of investors even though other person took legal title in his name as trustee

assistant: The best answer is B. holding that by operation of law a trust results where a person holds naked title for the benefit of another
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: upload , post , email , transmit , or otherwise make available any unlawful , inappropriate , defamatory , obscene , pornographic , vulgar , offensive , fraudulent , false , misleading , or deceptive content or message ;

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 provisions of this Agreement shall be binding upon and inure to the benefit of the Investor and its respective successors and assigns. The Investor may transfer or assign, in whole or from time to time in part, to one or more persons its rights hereunder in connection with the transfer of the Convertible Note or the Registrable Securities by the Investor to such person, provided that the Investor complies with all laws applicable thereto and the provisions of the Satisfaction and Release Agreement, provides written notice of assignment to the Company promptly after such assignment is effected, and such person agrees in writing to be bound by all of the provisions contained herein.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: the products must not be framed on any other website , nor may you create a link to any part of the products unless you have written permission to do so from headspace .

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: All notices, requests or other communications required or permitted to be delivered hereunder shall be delivered in writing at the addresses set forth in the introductory paragraph of this Note or such other address as either Borrower or Lender may from time to time specify in writing. Notices mailed by certified or registered mail or sent by hand or overnight courier service shall be deemed to have been given when received. Notices sent by facsimile during the recipient's normal business hours shall be deemed to have been given when sent (and if sent after normal business hours shall be deemed to have been given at the opening of the recipient's business on the next business day). Notices sent by e-mail shall be deemed received upon the sender's receipt of an acknowledgment from the intended recipient (such as by the “return receipt requested” function, as available, return e-mail or other written acknowledgment).

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: The Seller has taken all necessary action to authorize the execution, delivery and performance of this Agreement and each document to be delivered by the Seller hereunder, and upon the execution and delivery of this Agreement and any such document, this Agreement and each such document shall constitute the valid and binding obligations and agreements of the Seller, enforceable against the Seller in accordance with their terms, except as such enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws of general application affecting the rights and remedies of creditors.

assistant: Enforceability
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: At any time and from time to time, upon the Administrative Agent’s request and at the sole expense of New Guarantor, New Guarantor will promptly and duly execute and deliver to the Administrative Agent any and all further instruments and documents and take such further action as the Administrative Agent reasonably deems necessary or appropriate to effect the purposes of this Agreement, the Guaranty of Payment or the Credit Agreement.

assistant: Further Assurances
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 of the direct and indirect subsidiaries of the Company are set forth on Schedule 3.1(a)(i). Except as set forth on Schedule 3.1(a)(ii), the Company owns, directly or indirectly, all of the capital stock or other equity interests of each Subsidiary free and clear of any Liens, and all of the issued and outstanding shares of capital stock of each Subsidiary are validly issued and are fully paid, non-assessable and free of preemptive and similar rights to subscribe for or purchase securities. If the Company has no subsidiaries, all other references to the Subsidiaries or any of them in the Transaction Documents shall be disregarded.

assistant: Subsidiaries
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 MLA and any SLA shall bind the successors and permitted assignees of the Parties. Any successor or permitted assignee of Tower Operator shall take each Site subject to the rights of AWN Collocator under this MLA and the applicable SLA. The Parties acknowledge that General Communication, Inc. and GCI Communication Corp., both Affiliates of AWN Collocator, are express third-party beneficiaries of this MLA.

assistant: Assigns
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: than Robert due to her disability, the trial court was also entitled to consider Elaine’s fraud at the time of her marriage to Robert and her fault in ending the marriage. The trial court also could have considered the evidence that Elaine had a separate estate worth more than $200,000.00 at the time that she separated from Robert and the nature of the property that each party brought into this relatively short-lived marriage. See Murff, 615 S.W.2d at 699; Smith, 836 S.W.2d at 692-93. We cannot conclude that the trial court acted arbitrarily or unreasonably and without reference to any guiding principles in dividing the estate. See Downer, 701 S.W.2d at 241-42; Hailey, 176 S.W.3d at 380. Therefore, we hold that the trial court did not abuse its discretion. Smith, 836 S.W.2d at 692 (<HOLDING>). We overrule Elaine’s second issue. Conclusion Options: A. holding that trial court was required to give full effect to supreme courts judgment and that by failing to do so the trial court abused its discretion B. recognizing that appellate court may reverse trial courts judgment when it is based on an erroneous conclusion of law C. holding that reconsideration of the correctness of property division was barred on appeal from the judgment enforcing that division D. holding that reviewing court may not reverse trial courts judgment on property division unless trial court has clearly abused its discretion or has made inequitable division E. holding res judicata applied to improper property division before holding parties were bound by their division agreement

assistant: The best answer is D. holding that reviewing court may not reverse trial courts judgment on property division unless trial court has clearly abused its discretion or has made inequitable division
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the victim. See State v. Spence, 182 W.Va. 472, 482, 888 5.E.2d 498, 508 (1989). This Court has also repeatedly explained that even where no actual injury occurred, use of a deadly weapon creates “[t]he potential for bodily harm or loss of life....” Stale v. England, 180 W.Va. 342, 356, 376 S.E.2d 548, 562 (1988). 2. Comparison to Other Jurisdictions In surveying sentences imposed for comparable crimes in other jurisdictions, this Court has previously recognized that other jurisdictions condone severe penalties for the crime of aggravated robbery. In Glover, this Court cited numerous cases from other jurisdictions involving challenges to sentences for the crime of aggravated robbery. 177 W. Va. at 659, 355 S.E.2d at 640. See State v. Boag, 104 Ariz. 362, 453 P.2d 508 (1969) (en banc) (<HOLDING>); State v. Victorian, 332 So.2d 220 (La.1976) Options: A. holding that seventyfive to ninetynine years for robbery is not cruel and unusual punishment B. holding cruel and unusual punishment complaint not preserved C. holding that what constitutes cruel and unusual punishment is a question of law D. holding that twentythree years on death row is not cruel and unusual punishment E. holding that twentythree years served on death row is not cruel and unusual punishment

assistant: The best answer is A. holding that seventyfive to ninetynine years for robbery is not cruel and unusual punishment
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: refusal to manage and evaluate staff, the level of information he disseminated on student achievement and attendance, and his handling of a data warehouse. These concerns were reflected in Adams’ evaluations, including his own, all of which indicate that the board sought his resignation in good faith. Adams was entitled to rebut the defendants’ showing of good faith with evidence of pretext. See Dexter, 65 P.3d at 392. However, although Adams insists a coworker’s opinion of a plaintiffs performance is probative of pretext, his authority is inapposite. He relies on cases in the employment discrimination context, where such evidence is offered to challenge the factual basis for an employer’s adverse action. See, e.g., Abuan v. Level 3 Commc’ns, Inc., 353 F.3d 1158, 1174 (10th Cir.2003) (<HOLDING>). For purposes of this breach of contract Options: A. holding that plaintiff cannot establish pretext because she is unable to show any causal connection her complaints and the adverse action B. holding that plaintiff was entitled to submit coworkers assessment of his work to show employers stated factual basis for adverse action was pretext for discrimination C. holding that the plaintiffs assessment of the candidates qualifications cannot demonstrate a pretext for discrimination D. holding that when a plaintiff proves the defendants stated reasons for hiring someone else were pretext for offering the position to a personal friend and not a pretext for racial discrimination she does not establish triable issues of fact E. holding that plaintiff can show pretext by demonstrating that an employers proffered reason for an adverse employment action has no basis in fact

assistant: The best answer is B. holding that plaintiff was entitled to submit coworkers assessment of his work to show employers stated factual basis for adverse action was pretext for discrimination
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 First Amendment and any claim, controversy or dispute arising under or related to this First Amendment shall be governed by and construed and enforced in accordance with the Laws of the State of Texas, excluding any conflicts of law, rule or principle that might refer construction of provisions to the Laws of another jurisdiction.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The execution, delivery, and performance by such Purchaser of this Agreement do not and will not (a) violate any provision of the organizational documents of such Purchaser; (b) conflict with or violate any Law or Order applicable to such Purchaser or any of its respective assets or properties; or (c) violate, conflict with, result in any breach of, constitute a default (or event which with the giving of notice or lapse of time, or both, would become a default) under, require any consent under, or give to others any rights of termination, amendment, acceleration, suspension, revocation or cancellation of, any note, bond, mortgage or indenture, contract, agreement, lease, sublease, license, permit, franchise or other instrument or arrangement to which such Purchaser is a party or to which any of its assets or properties are subject, or result in the creation of any Encumbrance on any of its assets or properties, except, in the case of clauses (b) and (c), for any such conflict, violation, breach or default that would not reasonably be expected to have, individually or in the aggregate, a Purchaser Material Adverse Effect.

assistant: No Conflicts
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: debtors each with two copies of the Notice of Right to Cancel and vacated and remanded the Bankruptcy Court’s determination that rescission may not be conditioned upon tender by debtors. Wells Fargo Bank N.A. v. Jaaskelainen, 407 B.R. 449, 463 (D.Mass.2009). While not relevant here, this Court has expressed a different view as to the latter issue. See Giza I at 273-276. 21 . The Court noted the "split over whether a borrower’s testimony of non-receipt [by itself] is enough to rebut the presumption of delivery in TILA.” In re Sousa, at *6. Compare CUNA Mut. Ins. Group v. Williams, 185 B.R. 598, 599 (9th Cir. BAP 1995) ("The law in this circuit is that denial of receipt does not rebut the presumption.”); Rhoades v. Credithrift, Inc. (In re Rhoades), 80 B.R. 938, 941 (Bankr.C.D.Ill.1987) (<HOLDING>); McCarthy v. Option One Mortg. Corp., 362 F.3d Options: A. holding that something more than a mere error of law is required to constitute misconduct B. holding that more than notice to a defendant is required C. holding something more than denial of receipt is required D. holding that appellants specific factual denial of receipt was sufficient evidence to defeat the presumption of receipt raised by a docket entry showing mailing E. holding that probable cause is something more than mere suspicion

assistant: The best answer is C. holding something more than denial of receipt is required
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, approvals, requests, demands and other communications hereunder shall be delivered or made in the manner set forth in, and shall be effective in accordance with the terms of, the Note Purchase Agreement; provided, that, to the extent any such communication (i) is being made or sent to a Debtor that is not a Company, such communication shall be effective as to such Debtor if made or sent to any Company in accordance with the foregoing or (ii) is being made or sent to Agent, such communication shall be made to Agent at the address set forth below Agent’s signature hereto. Debtors and Agent may change their respective notice addresses by written notice given to each other party five (5) days prior to the effectiveness of such change.

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 Loan Party shall maintain the security interest created by the Security Agreement as a perfected security interest (to the extent required by the Security Agreement) having at least the priority specified in the applicable Master Lease Intercreditor Agreement, subject to the rights of the Loan Parties under the Loan Documents to Transfer the Collateral. From time to time the Loan Parties shall execute and deliver, or cause to be executed and delivered, such additional instruments, certificates or documents, and take all such actions, as the Administrative Agent may reasonably request for the purposes of implementing or effectuating the provisions of this Agreement and the other Loan Documents, or of renewing the rights of the Secured Parties with respect to the Collateral as to which the Administrative Agent for the ratable benefit of the Secured Parties, has a perfected Lien pursuant hereto or thereto, including, without limitation, filing any financing or continuation statements or financing change statements under the UCC (or other similar laws) in effect in any United States jurisdiction with respect to the security interests created hereby.

assistant: Further Assurances
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: Borrower shall give prompt notice to Lender of any litigation or proceedings by any Governmental Authority pending or threatened against Borrower , Principal and/or Guarantor which might materially adversely affect Borrower’s, Principal’s or Guarantor’s condition (financial or otherwise) or business or the Properties or any Property.

assistant: Litigations
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: - to nintendo of europe gmbh , herriotstrasse 4 , 60528 frankfurt am main , germany , fax number : +49 69 667747 95412 , email address : for the uk and ireland : customer-support@nintendo.co.uk / for other eu countries and south africa : eshopservice@nintendo.de

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: Executive acknowledges that the Company has in place the OneMain Employment Dispute Resolution Plan (“ EDR Plan ”) that applies to all employment disputes between the Company and its and its Affiliates’ employees. Except as necessary for the Company to specifically enforce or enjoin a breach of this Agreement, the parties agree that any and all disputes between or among them arising in connection with or relating to this Agreement, Executive’s services on behalf of the Company, or the termination of such services, shall be subject to the EDR Plan, as amended from time to time, including binding arbitration of any of the foregoing claims or disputes related to executive’s employment with the Company or this Agreement. The arbitration obligation under this provision extends to any and all claims that may arise by and between the parties or their subsidiaries, Affiliates, successors or assigns, and expressly extends to, without limitation, claims or causes of action relating to compensation, including incentive-based compensation payable hereunder or otherwise and any equity-based compensation, for wrongful termination, impairment of ability to compete in the open labor market, breach of an express or implied contract, breach of the covenant of good faith and fair dealing, breach of fiduciary duty, fraud, misrepresentation, defamation, slander, infliction of emotional distress, disability, loss of future earnings, and claims under the United States Constitution, and applicable state and federal fair employment laws, federal and state equal employment opportunity laws, and federal and state labor statutes and regulations, including, but not limited to, the Civil Rights Act of 1964, as amended, the Fair Labor Standards Act, as amended, the Americans With Disabilities Act of 1990, as amended, the Rehabilitation Act of 1973, as amended, the Employee Retirement Income Security Act of 1974, as amended, the Age Discrimination in Employment Act of 1967, as amended, and any other state or federal law; provided, however, that nothing herein shall require arbitration of any claim or charge which, by law, cannot be the subject of a compulsory arbitration agreement. Notwithstanding the foregoing, neither the Company nor Executive shall be precluded from applying to a proper court for injunctive relief by reason of the prior or subsequent commencement of a proceeding under the EDR Plan, as amended, including without limitation, with respect to any dispute relating to the Restrictive Covenants or any restrictive covenants in any and all agreements between Executive and the Company or to which Executive is a party.

assistant: Arbitration
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: he requested that the court “summarily hear and determine the issue of the making of the agreement or provision and, according to its determination, shall grant or deny the application.” This language tracks the statute, which states: On application the court may stay an arbitration proceeding commenced or about to be commenced, if it shall find that no agreement or provision for arbitration subject to this law exists between the party making the application and the party causing the arbitration to be had. The court shall summarily hear and determine the issue of the making of the agreement or provision and, according to its determination, shall grant or deny the application. § 682.03(4), Fla. Stat. (2003); see generally Seifert v. U.S. Home Corp., 750 So.2d 633, 636 (Fla.1999) (<HOLDING>). In Jalis Construction, Inc. v. Mintz, 724 Options: A. recognizing that in reviewing ruling on motion to compel arbitration we first determine whether party seeking arbitration established existence of arbitration agreement B. holding that once the party seeking to compel arbitration establishes the existence of an arbitration agreement and that the claims raised fall within the scope of that agreement the trial court must compel arbitration C. holding that in ruling on a motion to compel arbitration a court must consider 1 whether the parties have entered into a valid arbitration agreement 2 whether an arbitrable issue exists and 3 whether the right to arbitration has been waived D. holding that the faa mandates courts to direct parties to arbitration on issues to which a valid arbitration agreement has been signed E. holding trial court must decide whether to compel arbitration of personal injury claim of party who was not signatory to arbitration agreement

assistant: The best answer is C. holding that in ruling on a motion to compel arbitration a court must consider 1 whether the parties have entered into a valid arbitration agreement 2 whether an arbitrable issue exists and 3 whether the right to arbitration has been waived
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: may have violated the MVI-SA’s disclosure provisions. As noted above, retail sellers in Texas are required to disclose to a consumer a payment schedule, including the number, amounts, and timing of payments scheduled to repay the obligation. Tex. Fin.Code Ann. § 348.009; see also 12 C.F.R. § 226.18. The underlying lawsuit alleges, among other things, that Wink “charg[ed] more periodic payments than required to pay off the loan.” By disclosing a payment schedule that instructed its customers to make more periodic payments than they were obligated to make, Wink arguably made an inaccurate or misleading disclosure to its customers. When a seller discloses the required terms relating to a transaction, it must do so accurately. See Roberts v. Fleet Bank, 342 F.3d 260, 266 (3rd Cir.2003) (<HOLDING>); Smith v. Chapman, 614 F.2d 968, 977 (5th Options: A. holding that the requirements of title iii apply and must be satisfied B. holding that the federal action at issue must be authorized C. holding that the federal register notice requirements do not apply to federal criminal statutes D. holding federal sentencing guidelines are subject to jury trial requirements of sixth amendment E. holding creditors must accurately disclose the federal tilas requirements

assistant: The best answer is E. holding creditors must accurately disclose the federal tilas requirements
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: THIS AGREEMENT AND ANY CLAIM, CONTROVERSY OR DISPUTE ARISING UNDER OR RELATED TO THIS AGREEMENT, THE RELATIONSHIP OF THE PARTIES TO THIS AGREEMENT, AND/OR THE INTERPRETATION AND ENFORCEMENT OF THE RIGHTS AND DUTIES OF THE PARTIES TO THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS AND DECISIONS OF THE STATE OF NEW YORK, WITHOUT REGARD TO THE CHOICE OF LAW RULES THEREOF. THE PARTIES HERETO INTEND THAT THE PROVISIONS OF SECTION 5-1401 OF THE NEW YORK GENERAL OBLIGATIONS LAW SHALL APPLY TO THIS AGREEMENT.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: States v. Theriault, 440 F.2d 713, 715 (5th Cir.1971) (same). In the section 3006A(e) context, we have remanded to the district court for adherence to the statute. Hamlet, 456 F.2d at 1285; Theriault, 440 F.2d at 715. However, the guarantees of section 3006A(e) are distinct in at least one important respect: the statute provides a defendant expert assistance for preparation for his trial, and provision of those statutory guarantees therefore takes on a constitutional dimension not present in collateral habeas corpus proceedings. Compare Theriault, 440 F.2d at 716-717 (Wisdom, J., concurring) (invoking indigent criminal defendant’s constitutional right to court-appointed experts to assist with defense) with Murray v. Giarratano, 492 U.S. 1, 10, 109 S.Ct. 2765, 2770, 106 L.Ed.2d 1 (1989) (<HOLDING>). The fact that there is no constitutional Options: A. holding that even capital prisoners have no constitutional right to counsel in habeas cases B. holding teague applies to capital cases C. recognizing the common practice of substituting specialized capital counsel for habeas petitions filed by capital defendants D. recognizing constitutional right to effective counsel E. holding no right to counsel for capital defendants in state habeas proceedings

assistant: The best answer is A. holding that even capital prisoners have no constitutional right to counsel in habeas cases
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: No failure by any Lender, the L/C Issuer or the Administrative Agent to exercise, and no delay by any such Person in exercising, any right, remedy, power or privilege hereunder or under any other Loan Document shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder or under any other Loan Document preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided, and provided under each other Loan Document, are cumulative and not exclusive of any rights, remedies, powers and privileges provided by law.

assistant: Enforcements
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: battery has been definitively established in a court of law, should not be permitted to evade the civil regulatory scheme of the Registration Programs, the purpose of which is to protect the general public, merely because no punitive sentence was pronounced against him. First, the State’s argument refers to “no punitive sentence.” In fact, the judgment did not impose a sentence upon defendant. This passage does not refer to whether the conditions imposed upon the prayer for judgment constituted punishment. Second, whether a condition of a prayer for judgment continued constituted “punishment” is a question of law for the courts to determine. It is not a question of fact as to which the parties, on appeal, can stipulate. See State v. Rogers, 275 N.C. 411, 421, 168 S.E.2d 345, 350 (1969) (<HOLDING>). I would affirm the order of the learned trial Options: A. holding that what constitutes cruel and unusual punishment is a question of law B. holding the constitutional right to be free from cruel and unusual punishment may be waived C. holding that a cruel and unusual punishment claim is not jurisdictional and therefore may not be raised for the first time on appeal D. holding execution of the mentally retarded constitutes cruel and unusual punishment in violation of the eighth amendment E. holding cruel and unusual punishment complaint not preserved

assistant: The best answer is A. holding that what constitutes cruel and unusual punishment is a question of law
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Guarantor agrees that Lender may elect, at any time, to sell, assign, participate or all or any portion of Lender’s rights and obligations under the Loan Documents. Guarantor agrees that Lender may disseminate any and all information pertaining to the Property, Borrower, Guarantor or any other guarantor to any relevant Person in connection with any such transaction.

assistant: Participations
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: had not been discharged from the hospital at the time of the suicide. See Bramlette, 302 S.C. at 74, 393 S.E.2d at 917 (affirming the trial court’s denial of defendant’s directed verdict motion on basis of proximate cause when patient committed suicide while on a recreational outing with other patients and occupational therapist employed by hospital); see also Hoeffner v. Citadel, 311 S.C. 361, 368, 429 S.E.2d 190, 194 (1993) (“Bramlette does not impose strict liability on those with a duty to prevent suicide” “because health care professionals are subject to liability for failure to prevent suicide only when departure from the standards of their profession proximately causes their patient’s suicide”); Sloan v. Edgewood Sanatorium, Inc., 225 S.C. 1, 13, 80 S.E.2d 348, 353 (1954) (<HOLDING>). Other states have recognized that same duty Options: A. holding that a psychiatrist had no duty to detain a patient who killed himself and injured his wife because the patient was outside of the scope of the facilitys range of observation and control even when the psychiatrist agreed to treat the patient the patient had suicidal tendencies and the psychologist took the patient into custody but then later permitted him to leave B. holding that the disputed issue with respect to the state law bar was properly submitted to the jury C. holding the issue of negligence was properly submitted to the jury and its finding of negligence was a reasonable inference because decedent had known suicidal tendencies and committed suicide while a patient at a psychiatric hospital D. holding that ordinary negligence and gross negligence are not separate causes of action E. holding that there was no evidence in the record to support appellants contention that the doctor committed a separate act of negligence by continuing to prescribe coumadin and that the doctors alleged failure to correct any previous negligence does not constitute additional acts of negligence

assistant: The best answer is C. holding the issue of negligence was properly submitted to the jury and its finding of negligence was a reasonable inference because decedent had known suicidal tendencies and committed suicide while a patient at a psychiatric hospital
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: is, CMS requires approval from off-site corporate doctors to obtain required medical treatment. Plaintiff asserts that this policy results in a denial of medical care deemed appropriate by the patient’s treating physician. Finally, CMS has an orientation program that emphasizes cost and compliance over patient care. (ECF No. 224, pp. 13-14). Plaintiff asserts that he was denied care by at least two doctors, Dr. Nagaldinne and Dr. Hendricks, on the basis that the treatment would be too costly. The Court finds that Plaintiffs claims against CMS fail as a matter of law. The Court holds that CMS’s policy requiring administration of narcotic medication in the infirmary does not constitute deliberate indifference. See Peterson, 2012 WL 4108908, at *14, 2012 U.S. Dist. LEXIS 132848, at *46 (<HOLDING>); see also Steele v. Weber, 278 Fed.Appx. 699, Options: A. holding that the gratuitous infliction of wanton and unnecessary pain is a violation of the eighth amendment B. holding that plaintiff who alleged he was in pain and discomfort after a bilateral otoplasty sufficiently showed a serious medical need noting that pain though subjective and difficult to measure may well be serious C. holding that plaintiffs allegation that he was denied prescribed pain medication because of a mdoc policy that narcotic pain medications must be given in the infirmary fails to establish an eighth amendment violation D. holding that prisoner must show prison officials were deliberately indifferent to prison conditions to establish an eighth amendment violation E. holding that untimely provision of medication to hivpositive in mate did not cause sufficiently serious injury to give rise to an eighth amendment violation

assistant: The best answer is C. holding that plaintiffs allegation that he was denied prescribed pain medication because of a mdoc policy that narcotic pain medications must be given in the infirmary fails to establish an eighth amendment violation
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 has timely filed all reports, schedules, forms, statements and other documents required to be filed by it with the SEC pursuant to the reporting requirements of the Securities Exchange Act of 1934, as amended (the “1934 Act”) (all of the foregoing filed prior to the date hereof and all exhibits included therein and financial statements and schedules thereto and documents (other than exhibits to such documents) incorporated by reference therein, being hereinafter referred to herein as the “SEC Documents”). Upon written request the Company will deliver to the Buyer true and complete copies of the SEC Documents, except for such exhibits and incorporated documents. As of their respective dates, the SEC Documents complied in all material respects with the requirements of the 1934 Act and the rules and regulations of the SEC promulgated thereunder applicable to the SEC Documents, and none of the SEC Documents, at the time they were filed with the SEC, contained any untrue statement of a material fact or omitted 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, not misleading. None of the statements made in any such SEC Documents is, or has been, required to be amended or updated under applicable law (except for such statements as have been amended or updated in subsequent filings prior the date hereof). As of their respective dates, the financial statements of the Company included in the SEC Documents complied as to form in all material respects with applicable accounting requirements and the published rules and regulations of the SEC with respect thereto. Such financial statements have been prepared in accordance with United States generally accepted accounting principles, consistently applied, during the periods involved and fairly present in all material respects the consolidated financial position of the Company and its consolidated Subsidiaries as of the dates thereof and the consolidated results of their operations and cash flows for the periods then ended (subject, in the case of unaudited statements, to normal year-end audit adjustments). Except as set forth in the financial statements of the Company included in the SEC Documents, the Company has no liabilities, contingent or otherwise, other than (i) liabilities incurred in the ordinary course of business subsequent to September 30, 2015, and (ii) obligations under contracts and commitments incurred in the ordinary course of business and not required under generally accepted accounting principles to be reflected in such financial statements, which, individually or in the aggregate, are not material to the financial condition or operating results of the Company. The Company is subject to the reporting requirements of the 1934 Act.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as otherwise expressly provided for herein, or as otherwise agreed to in writing by the Parties, all out-of-pocket fees, costs and expenses incurred prior to the Effective Time in connection with the preparation, execution, delivery and implementation of this Agreement will be borne by the Party or the applicable member of such Party’s Group incurring such fees, costs or expenses.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: them absolute immunity from suit. Hughes, 948 F.2d at 920. Thus, the threshold question we must resolve is whether appellants’ actions in voting to deny appellees’ development plan were functionally legislative. For the reasons that follow, we conclude they were not. We note initially that the mere fact that the complained-of action occurred by way of a vote does not automatically mean the action is legislative. A number of federal appellate courts have recognized that “[a]l-though a local legislator may vote on an issue, [the act of voting] alone does not necessarily determine that he or she was acting in a legislative capacity.” Brown, 970 F.2d at 437; Crymes v. DeKalb County, Ga., 923 F.2d 1482, 1485 (11th Cir.1991); see also Roberson v. Mullins, 29 F.3d 132, 134 n. 3 (4th Cir.1994) (<HOLDING>). Because we cannot conclude appellants’ Options: A. holding that a failure to approve an expenditure of money is not necessarily a legislative act B. holding that the hip is part of the body as opposed to part of the leg and where the effects of the loss of a member extend to other parts of the body and interfere with their efficiency the scheduled allowance for the lost member is not exclusive C. holding that a local governmental body exceeds its jurisdiction under crcp 106a4 when it exercises discretion it does not have D. holding that action of city legislative body may be judicially examined in light of its surrounding circumstances prior and subsequent actions of such legislative body and public policy in order to determine good faith of questioned action E. recognizing that member of local governmental body does not necessarily act in legislative capacity when participation takes form of vote

assistant: The best answer is E. recognizing that member of local governmental body does not necessarily act in legislative capacity when participation takes form of vote
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: as a matter of law. This issue is best determined by the trier of fact following a thorough consideration of all of the relevant facts and surrounding circumstances. Therefore, I would reverse the trial court’s grant of summary judgment with respect to both House and Pepper on this issue. 10 . Because the majority disposed of the issue of negligence by concluding that Collins's claim failed on the proximate cause element, it did not resolve the issue of whether House and Pepper had a duty to Collins under these facts. Considering the provisions in the hospital’s contracts with House and Pepper regarding housekeeping, safety, and OSHA standards, I would hold that both House and Pepper had a contractual duty to Collins to keep House's work areas clean. See Perryman, 628 N.E.2d at 1244 (<HOLDING>). 11 . Although I do not think the manner in Options: A. holding that where the contract affirmatively shows the parties intent to charge one party with a duty of care actionable negligence may be predicated upon that contractual duty B. holding tort of negligence must be based upon duty other that one imposed by contract C. holding that the duty of good faith and fair dealing is a contractual duty D. holding that the law imposes on every person who enters upon an active course of conduct the positive duty to exercise ordinary care to protect others from harm and calls a violation of that duty negligence that a complete binding contract between the parties is not a prerequisite to a duty to use due care in ones actions and that architects may be held liable for a breach of the duty of care and breach of contract that results in foreseeable injury economic or otherwise E. holding that a duty of care may arise out of a contractual relationship between two parties

assistant: The best answer is A. holding that where the contract affirmatively shows the parties intent to charge one party with a duty of care actionable negligence may be predicated upon that contractual duty