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: procedure. Our role is not to search for evidence to defeat the district court’s judgment, but rather, to broadly construe the court’s findings and view the evidence in the light most favorable to upholding the judgment. Johnson, 637 N.W.2d at 177. However, what we do know from the evidence is that the procedure has been used “hundreds” of times by Chrysler in the past without knowledge that it adversely affected the venue rights of litigants. This evidence would support a finding that the chance of invading the protected interest and the number of people likely to be adversely affected is minimal. The final factor in considering reasonableness is the extent of the potential harm. Restatement (Second) of Torts § 293, at 58; Vaughn v. Ag Processing, Inc., 459 N.W.2d 627, 634 (Iowa 1990) (<HOLDING>). In considering this factor, it is important Options: A. holding that the source of the federal funds was not a relevant factor in determining the number of violations B. holding that while the nonprevailing partys financial condition is not appropriate to consider in determining whether to award attorneys fees it is appropriate to consider when determining the amount of the attorneys fees C. holding factor to consider in determining whether employer took reasonable steps to remedy discrimination in the workplace was the gravity of the harm D. holding that previous sworn statements made by a plaintiff in his request for disability benefits is a material factor for the court to consider in determining whether he is entitled to ada relief E. holding that in determining whether a state officer is entitled to qualified immunity for 1983 purposes courts may not consider whether the constitutional right was clearly established before determining first that a constitutional right was violated

assistant: The best answer is C. holding factor to consider in determining whether employer took reasonable steps to remedy discrimination in the workplace was the gravity of the harm
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: J; Petitioners seek review of an order of the circuit court denying their petition for writ of mandamus, which is a non-final, non-appealable order. See Fla. R.App. P. 9.130(a)(3); Mott v. Scofield, 120 So.2d 825 (Fla. 2d DCA 1960): Thus, review of the circuit court’s order is limited to certiorari review in this Court and not by appeal. See Sheley v. Fla. Parole Comm’n, 720 So.2d 216, 217 (Fla.1998). For this reason, we treat the appeal as a petition for writ of certiorari and deny the petition. The circuit court properly denied mandamus because the county court lacked subject matter jurisdiction. See Toledo v. Escamilla, 962 So.2d 1028, 1030 (Fla. 3d DCA 2007) (<HOLDING>). Petition Options: A. holding that the district court did not err in failing to address the defendant personally to determine whether she understood the rights she was waiving by admitting that she violated the conditions of her probation B. holding appellant produced no evidence that when she made her complaints to management she ever mentioned that she felt she was being treated unfairly due to her race or sex C. holding that a party has mental capacity if she appreciated the effect of what she was doing and understood the nature and consequences of her acts and the business she was transacting D. holding that an action filed outside the statutory period of limitations should be dismissed and that mandamus was the proper remedy when the circuit court had denied the defendants motion to dismiss E. holding that when the defendant asserted in her answer that she was not a tenant and that she had an equitable interest in the property ejectment not eviction was the proper remedy and the matter should have been transferred to the circuit court

assistant: The best answer is E. holding that when the defendant asserted in her answer that she was not a tenant and that she had an equitable interest in the property ejectment not eviction was the proper remedy and the matter should have been transferred to the circuit court
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: The appellant’s first point relied on is also deficient in that it does not comply with Rule 84.04(d)(5) inasmuch as the authority cited by the appellant in support of the claim raised relates only to our standard of review and the manner in which we are to interpret a statute. Rule 84.04(d)(5) provides: In support of each “Point Relied On,” and immediately following the statement of the Point, the appellant or relator shall cite all authorities upon which the argument rests. If more than three authorities are cited, the three authorities on which the appellant, relator, or petitioner principally relies shall be cited first. The appellant does not, as required by the rule, provide any authority for his claimed interpretation of the implicated statutes. See Coleman, 969 S.W.2d at 274 (<HOLDING>). If no such citations exist because this is a Options: A. holding that an appellate court cannot consider an issue that was not preserved for appellate review B. holding the trial court was without authority to dismiss an appeal on the ground that the amount of the judgment required the appellant to file an application for discretionary review C. holding that an appellate court may not review errors that have not been assigned by a party or a point of error D. holding that a claim is waived on appeal when not supported by citation to relevant authority E. holding that an appellate court is not required to review an appellants point relied on which appears without citation of applicable or relevant authority

assistant: The best answer is E. holding that an appellate court is not required to review an appellants point relied on which appears without citation of applicable or relevant authority
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: necessary to constitute an element of the offense of robbery.” U.S.S.G. § 2B3.1(b)(2)(F) (1995); id. § 2B3.1 cmt. n. 6. France held that when considering the applicability of the threat-of-death enhancement, courts are to conduct an objective inquiry into the effect the defendant’s words and actions would have on a reasonable victim. France, 57 F.3d at 866. We concluded that a reasonable teller reading the demand note at issue “would experience significantly greater fear than the level of intimidation necessary to constitute an element of the offense of robbery.” Id. at 866-67. The reference to “ 8th Cir.2001) (noting in dicta that a defendant’s statement that he had a gun would be sufficient to warrant two-level enhancement); United States v. Arevalo, 242 F.3d 925, 928 (10th Cir.2001) (<HOLDING>); United States v. Murphy, 306 F.3d 1087, 1089 Options: A. holding that the statement i have a gun absent mitigating circumstances would lead an ordinary teller to fear being shot B. holding that i have a gun merits an enhancement because a reasonable teller would believe that failure to comply would result in being fatally shot C. holding that the statement i have a gun is a threat of death because a reasonable teller upon hearing the statement normally and reasonably would fear that his or her life is in danger D. holding that a note stating i have a gun i have nothing to lose warrants the threatofdeath enhancement because a reasonable teller would have been in fear for her life E. holding that the statement i have a gun would cause a reasonable teller to fear being shot and that the phrase i am willing to use it would make a fear of death even more likely

assistant: The best answer is E. holding that the statement i have a gun would cause a reasonable teller to fear being shot and that the phrase i am willing to use it would make a fear of death even more likely
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: 103 S.Ct. 2317, 76 L.Ed.2d 527 (1983), because it is "inadequate”); State v. Lakin, 588 S.W.2d 544, 549 n.2 (Tenn.1979) ("Where, ... as in the particular phase of search and seizure law under consideration, there has been a settled development of state constitutional law which does not contravene the federal, we are not inclined to overrule earlier decisions unless they are demonstrably erroneous.”). While we recognize the rationale underlying the majority rule, we see no reason to depart from the standards of community care-taking that have developed in our state, particularly because neither party has articulated a persuasive basis for recognizing this as yet another exception to the constitutional protections against unreasonable searches and seizures. See Lakin, 588 S.W.2d. at 549 (<HOLDING>). The Defendant has argued strongly against Options: A. recognizing our jurisprudence in this area has been somewhat inconsistent and confusing B. recognizing that in the context of the open fields doctrine ajlthough the decisions in this state may be somewhat more restrictive than those in other states or than federal decisions no compelling reason has been demonstrated in this case for modifying or overruling them C. holding that this courts review of board decisions is limited to final orders or final decisions D. holding federal district courts do not have jurisdiction over challenges to state court decisions in particular cases arising out of judicial proceedings even if those challenges allege that the state courts action was unconstitutional review of those decisions may be had only in this united states supreme court E. holding that this court is not bound by decisions of the appellate division or the third circuit even where those decisions concern the same parties and legal issues

assistant: The best answer is B. recognizing that in the context of the open fields doctrine ajlthough the decisions in this state may be somewhat more restrictive than those in other states or than federal decisions no compelling reason has been demonstrated in this case for modifying or overruling them
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 shall have all powers of a limited liability company formed under the Act and not prohibited by the Act or this Agreement; provided, however, that during the term of that certain loan from the Lender in the approximate amount of $51,000,000.00 (the " Loan "), the Company will comply with the applicable special purpose entity requirements of the Lender set forth in the Loan Documents and in Section 1.7 of this Agreement.

assistant: Powers
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 Executive agrees that, following termination of the Executive's employment for any reason, the Executive shall upon reasonable advance notice, and to the extent it does not interfere with previously scheduled travel plans and does not unreasonably interfere with other business activities or employment obligations, assist and cooperate with the Company with regard to any matter or project in which the Executive was involved during the Executive's employment, including any litigation. The Company shall compensate the Executive for any lost wages (or, if the Executive is not then employed, provide reasonable compensation as determined by the Compensation Committee) and expenses associated with such cooperation and assistance.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Any notice given to the Participant shall be addressed to the Participant at the address or electronic address listed in the Participant’s electronic stock plan account held with the Administrator. The Company may, in its sole discretion, decide to deliver any documents related to current or future participation in the Plan by electronic means or request the Participant’s consent to participate in the Plan by electronic means. The Participant hereby consents to receive such documents by electronic delivery and agrees to participate in the Plan through an on-line or electronic system established and maintained by the Company or the Administrator.

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: Employee agrees, upon the request of Employer or any Released Parties, to reasonably cooperate in any investigation, litigation, arbitration, or regulatory proceeding regarding events that occurred during Employee’s tenure with Employer. Employee will make himself reasonably available to consult with counsel for Employer and any Released Parties, to provide information, and to appear to give testimony. Employee further agrees to reasonably cooperate with Employer’s request for Employee to sign documents necessary to update corporate information and authorize new signatories and agents of Employer, including, without limitation, authorizing new signatories to act on behalf of Employer in connection with bank accounts and brokerage accounts, authorizing new SEC filing agents, authorizing new transfer agents, updating corporate documentation for Employer with the State of Delaware, the State of Florida, and any other vendors, and transferring authorized user information for any websites to which Employer has access. To the extent permitted by law, Employer will reimburse Employee for reasonable out-of-pocket expenses Employee incurs in extending such cooperation, so long as Employee provides advance written notice of Employee’s request for reimbursement and provides satisfactory documentation of the expenses.

assistant: Cooperation
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: reliving their experiences at a new trial; the practical problems of memory loss and unavailability of witnesses after much time has elapsed; and the availability of other sanctions for such misconduct.” (Internal quotation marks omitted.) State v. Spencer, supra, 275 Conn. 190-91. At the outset, we note that many of the interests to be considered in determining whether to exercise our supervisory power militate against exercising that power. First, the defendant was not seriously prejudiced by the prosecutor’s misconduct. See part II of this opinion. Second, based on E’s testimony that he experienced shame and difficulty in relating these allegations, a new trial very likely would expose him to additional emotional trauma. See State v. James G., 268 Conn. 382, 424, 844 A.2d 810 (2004) (<HOLDING>). Third, a new trial likely would pose problems Options: A. holding in aggravated sexual assault case that testimony regarding psychological trauma suffered by child victim and its physical manifestations properly admitted B. holding evidence of sexual assault relevant to show defendants motive in kidnapping victim C. holding that merger did not apply because sexual assault was not a lesser included offense of seconddegree kidnapping involving sexual assault D. recognizing the purpose of missouris child victim witness protection law sec 491675 et seq as an attempt to minimize the emotional and psychological trauma to the alleged child victim E. recognizing trauma that new trial would likely bring to victim of child sexual assault

assistant: The best answer is E. recognizing trauma that new trial would likely bring to victim of child sexual assault
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: was talking on the telephone. The note and the evidence indicate that Hohenwald then ran upstairs, forced open the upstairs bedroom door, and stabbed Lois repeatedly. Hohenwald then returned to the basement and continued his attack on Larry, eventually retrieving the wooden-handled knife after damaging the black-handled knife. When Hohenwald finally left the Steenerson residence, he was concerned only with escaping, as evidenced by the fact he told J.S., “let’s go,” when he reached the car. These reasonable inferences indicate that Hohenwald engaged in calculated decision-making fueled by anger, not terror. See Van Keuren, 759 N.W.2d at 40 (stating that anger alone is insufficient to form the basis for heat-of-passion manslaughter); State v. Richardson, 398 N.W.2d 657, 664 (Minn.1986) (<HOLDING>). Thus, the circumstances proved support Options: A. holding that petitioner could not collaterally attack his state court conviction on a petition for review of an agency decision B. holding that victim of a minor or partial breach must continue own performance but victim of a material or total breach is excused from further performance C. holding the harmed victim need not be the victim of the offense of conviction D. holding that a defendants decision to chase the victim and continue his attack indicates hate instead of terror E. holding defendants phone call to his exwife announcing his intent to kill the victim was not an unrelated act of misconduct and permissible to rebut defendants testimony that he did not threaten the murder victim

assistant: The best answer is D. holding that a defendants decision to chase the victim and continue his attack indicates hate instead of terror
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed in two or more counterparts, each of which shall be in an original, but all of which shall constitute one and the same instrument, and facsimile pages containing the Parties’ signatures shall have the same effect as the originals.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: arise: (1) when the defendant is in a fiduciary relationship with the plaintiff; (2) when the defendant had exclusive knowledge of material facts not known to the plaintiff; (3) when the defendant actively conceals a material fact from the plaintiff; and (4) when the defendant makes partial representations but also suppresses some material facts. See LiMandri v. Judkins, 52 Cal.App.4th 326, 337, 60 Cal.Rptr.2d 539 (1997). As plaintiffs do not allege the existence of a fiduciary relationship or that Ford made any representations about its ignition locks, only the second and third of the above-referenced circumstances are implicated here, and, as set forth above, both require a finding of “materiality.” See, e.g., Oestreicher v. Alienware Corp., 544 F.Supp.2d 964, 970-71 (N.D.Cal.2008), (<HOLDING>), aff'd Oestreicher v. Alienware Corp., 322 Options: A. holding that a constitutional challenge to a statute is not properly preserved for appellate review if as here it is not presented to the trial court and is raised for the first time on appeal B. holding that section 636b1c does not require any review at all by the district court of an issue that is not objected to C. recognizing the preliminary issue in a first amendment challenge is whether the speech at issue is protected or unprotected D. holding that section 636b1c does not require any review at all of any issue that is not the subject of an objection E. holding the first condition is not at issue here all of the other situations require materiality

assistant: The best answer is E. holding the first condition is not at issue here all of the other situations require materiality
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: doubt the essential elements of the charged crime.” Id. III. DISCUSSION Jones argues that the quantity of crack he allegedly possessed, 7.07 grams, in combination with the other evidence presented at trial, is insufficient to support a conviction for possession with intent to distribute. “The essential elements of possession with the intent to distribute controlled substances in violation of 21 U.S.C. § 841 are 1) knowledge, 2) possession, and 3) intent to distribute the controlled substances.” United States v. Delgado, 256 F.3d 264, 274 (5th Cir.2001). Possession of a small quantity of drugs consistent with personal use does not, without other evidence, raise an inference of intent to distribute. Turner v. United States, 396 U.S. 398, 423, 90 S.Ct. 642, 24 L.Ed.2d 610 (1970) (<HOLDING>). However, “[t]he form and amount of crack Options: A. holding that a life sentence without parole for possession of 650 grams of cocaine base did not violate the eighth amendment B. holding possession of 1468 grams of a cocainesugar mixture not sufficient to infer that the possessor was distributing it C. holding that life sentence without parole for defendant convicted of possession with intent to distribute 1519 grams of cocaine does not violate the eighth amendment D. holding that evidence that the accused possessed 37 grams of crack was sufficient to prove he had the intent to distribute it E. holding defendants possession of fake ids was sufficient to infer his intent to defraud or deceive

assistant: The best answer is B. holding possession of 1468 grams of a cocainesugar mixture not sufficient to infer that the possessor was distributing it
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: was granted — that the submission date had been re-set to March 18 made it impossible for plaintiffs to file controverting evidence.” Thus, the majority’s conclusion that the trial court did not re-set the submission date for the Motion to March 18 is contradicted by the Insureds themselves. In addition, the Insureds’ assertion in their motion for rehearing that they had insufficient notice of the trial court’s resetting of the submission date is not a basis for granting rehearing because it is well-established that, if the trial court did not give sufficient notice in this regard, the Insureds had to raise this complaint in the trial court. See Okonkwo v. Washington Mut. Bank, No. 14-05-00925-CV, 2007 WL 763821, at *2 (Tex.App.-Houston [14th Dist.] Mar. 15, 2007, no pet.) (mem.op.) (<HOLDING>); Babajide v. Citibank (South Dakota), N.A., Options: A. holding that appellant who properly filed an objection in accordance with the notice he received from the trial court had standing to appeal B. holding that parties waived any choice of law objection by not raising an objection C. holding appellant waived his complaint that trial court gave him no notice of submission date for summaryjudgment motion by not raising the objection in the trial court D. holding that once a trial court has set a date for a summaryjudgment hearing the court must allow the nonmoving party an opportunity to be heard E. holding that if appellant preserves legal sufficiency complaint in motion for new trial new trial is all the relief appellate court can give because that is all the relief appellant requested in trial court

assistant: The best answer is C. holding appellant waived his complaint that trial court gave him no notice of submission date for summaryjudgment motion by not raising the objection in the trial court
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Although an Employer may anticipate that it will continue the Plan for an indefinite period of time, there is no guarantee that any Employer will continue the Plan or will not terminate the Plan at any time in the future. Accordingly, each Employer reserves the right to discontinue its sponsorship of the Plan and to terminate the Plan, at any time, with respect to its participating Employees by action of its board of directors, and the Company may at any time terminate an Employer’s participation in the Plan; provided, however, that (a) all plans that are aggregated with the Plan pursuant to Section 1.409A(c)(2) of the Treasury Regulations are also terminated, and (b) the Plan is not terminated proximate to a downturn in the financial health of the Employer, or any entity other than the Employer with whom the Employer would be considered a single employer under Sections 414(b) or 414(c) of the Code. In the event of a termination and liquidation described in this Article 8.02, no new deferred compensation plans may be established by the Employer for a minimum period of three years following the termination and liquidation of the Plan if such new plan would be aggregated with the Plan pursuant to Section 1.409A(c)(2) of the Treasury Regulations. For the avoidance of doubt, subject to the limitations in Article 8.01, the Committee may at any time terminate the Plan; provided, however, if payment is accelerated with such termination then the Plan must be terminated in a manner that complies with Section 409A.

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: (a) Each borrowing by the Borrower from the Lenders hereunder, each payment by the Borrower on account of any commitment fee and any reduction of the Revolving Commitments of the Lenders shall be made pro rata according to the respective Term Percentages or Revolving Percentages, as the case may be, of the relevant Lenders. Subject to Sections 2.25(e)(iv) , 2.29(b)(2) and 2.30(a) and other than with respect to the incurrence of any Refinancing Incremental Equivalent Debt, each payment (including prepayments) in respect of principal, interest or fees in respect of Term Loans shall be applied among tranches of Term Loans as directed by the Borrower. Subject to Section 10.6(c) , each payment (including prepayments) in respect of principal or interest in respect of any tranche of the Term Loans and each payment in respect of fees payable hereunder shall be applied to the amounts of such obligations owing to the Term Lenders with respect to such tranche, pro rata according to the respective amounts then due and owing to such Term Lenders.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: [an attorney] may have been personally involved with.” (People v. Kester (1977), 66 Ill. 2d 162, 167-68.) Here, however, the majority ignores the difficulties of gauging the effects of subtle or subliminal pressures that arise from friendship or loyalty to a lawyer’s colleagues and conflict with his duty to his client. Compounding the problems this decision will create for the lower courts, the majority fails to provide any guidance when it applies its rule that “a case-by-case inquiry should be conducted to determine whether any circumstances peculiar to the case indicate the presence of an actual conflict of interest.” (121 Ill. 2d at 44.) Whether or not one labels them per se, the conflicts present in these cases are very real. (See People v. Walton (1979), 78 Ill. 2d 197, 200-01 (<HOLDING>).) Nevertheless, the court’s “case-by-case Options: A. recognizing distinction between actual and per se conflicts of interest B. recognizing distinction between two types of waiver C. recognizing distinction between tolling and estoppel D. recognizing this distinction E. recognizing that slander per se is actionable without a showing of actual or special damages

assistant: The best answer is A. recognizing distinction between actual and per se conflicts of interest
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Any notice to be given under the terms of this Agreement to the Company shall be addressed to the Company in care of the General Counsel of the Company at the Company’s principal office, and any notice to be given to Holder shall be addressed to Holder at Holder’s last address reflected on the Company’s records. By a notice given pursuant to this Section 3.7, either party may hereafter designate a different address for notices to be given to that party. Any notice shall be deemed duly given when sent via email or when sent by certified mail (return receipt requested) and deposited (with postage prepaid) in a post office or branch post office regularly maintained by the United States Postal Service.

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 Company agree s to indemnify the Executive in his capacity as an officer of the Company . In addition, to the extent that the Executive serves at the request of the Company as a representative, an officer or a Board member of any community organization or financial services industry association or similar entity, he shall be entitled to indemnification by the Company . Indemnification pursuant to this Section 2 2 shall be subject to and administered in accordance with the charte r or b y-laws of the Company , as amended from time to time; provided , however, that the terms of such indemnification shall be no less favorable to the Executive than those set forth in the charter or b y-laws of the Company as of the date of this Agreement. Any indemnification with respect to service to a third party shall be provided only to the extent that no indemnification or insurance is available from such third party or that any such indemnification or insurance has been exhausted.

assistant: Indemnifications
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 assailant as Frankie. Reyes was aware of Whipp’s statements and of the calls identifying Frankie, and he also knew that on November 8, an anonymous tipster called the Stockton crime-stoppers, stating that “the guy who killed the kid at Shaker’s is a JUS BROTHER and his name is Frankie.” We agree with the district court that the officers are entitled to qualified immunity in connection with their decision not to release Mark and Heather. Whether or not the officers knew Frankie’s last name, which is disputed, anonymous tips, standing alone, are entitled to little weight. See, e.g., United States v. Luong, 470 F.3d 898, 903 (9th Cir.2006); United States v. Clark, 31 F.3d 831, 834 (9th Cir.1994); see also Florida v. J.L., 529 U.S. 266, 268-69, 120 S.Ct. 1375, 146 L.Ed.2d 254 (2000) (<HOLDING>). No witness who was willing to identify Options: A. holding that an anonymous tip that a person is carrying a gun without any corroborating evidence did not provide reasonable suspicion of criminal wrongdoing justifying the officers stop and frisk of that person B. holding that an anonymous tip lacking indicia of reliability that an individual is carrying a gun is not enough to justify a terry stop C. holding that an anonymous callers barebones tip that a young black male wearing a plaid shirt and standing at a particular bus stop was carrying a gun without more was insufficient to justify an officers stop and frisk of the man D. holding that a tip may provide the reasonable suspicion necessary to justify an investigatory stop E. holding that an anonymous tip must have sufficient indicia of reliability to justify a stop and frisk

assistant: The best answer is A. holding that an anonymous tip that a person is carrying a gun without any corroborating evidence did not provide reasonable suspicion of criminal wrongdoing justifying the officers stop and frisk of that person
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall be construed in accordance and consistent with, and subject to, the provisions of the Plan (the provisions of which are incorporated herein by reference) and, except as otherwise expressly set forth herein, the capitalized terms used in this Agreement shall have the same definitions as set forth in the Plan.

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: Landlord and Tenant hereby agree that, in order to reflect changes in applicable Legal Requirements, retroactive to the date of the original Lease, the language of Section 13 of the original Lease which reads “unless caused solely by the willful misconduct or negligence of Landlord,” is hereby deleted in its entirety and replaced with the following: “except to the extent caused by the willful misconduct or negligence of Landlord,”.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: if your access to or use of the airbnb platform has been limited or your airbnb account has been suspended or this agreement has been terminated by us , you may not register a new airbnb account or access and use the airbnb platform through an airbnb account of another member .

assistant: None
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of convenience weighed in its favor. The motion was denied without comment. 4 . Clinton Foods, Inc. v. United States, 188 F.2d 289 (4th Cir.), cert. denied, 342 U.S. 825, 72 S.Ct. 45, 96 L.Ed. 624 (1951); Jiffy Lubricator Co. v. Stewart-Warner Corp., 177 F.2d 360. (4th Cir.), cert. denied, 338 U.S. 947, 70 S.Ct. 484, 94 L.Ed. 584 (1950). At least one circuit has recognized the availability of the Interlocutory Appeals Act of 1958, 28 U.S.C. § 1292(b) as a means of reviewing a transfer motion under section 1404(a). Humble Oil & Ref. Co. v. Bell Marine Serv., Inc., 321 F.2d 53 (5th Cir. 1963). But cf. A. Olinick & Sons v. Dempster Brothers, Inc., 365 F.2d 439 (2d Cir. 1966); Standard v. Stoll Packing Corp., 315 F.2d 626 (3d Cir. 1963); Bufalino v. Kennedy, 273 F.2d 71 (6th Cir. 1959) (<HOLDING>). In any case, Ellicott failed to seek Options: A. holding alien not denied judicial review because habeas was available B. holding that 1292b is not available to review a district judges disposition under 1404a C. holding that there is no right to habeas review of administrative evidentiary determinations before a district court where direct review of the administrative proceedings is available in the appellate courts D. holding that because review of plaintiffs claim is available under the clean water act it is not subject to review under the apa empha sis in original citations omitted E. holding that damages are not relief that is available under the idea

assistant: The best answer is B. holding that 1292b is not available to review a district judges disposition under 1404a
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: are not generally cognizable on direct appeal, but must be brought later under 28 U.S.C. § 2255, this claim was withdrawn. Therefore, we need not consider it further. United States v. Quinlan, 473 F.3d 273, 279 (6th Cir.2007). B Coker’s plea agreement waived the right to appeal “the sentence im ontrary to Coker’s accusation, the district court did not depart upwards and open the door to Coker’s appeal. Rather, the court adjusted the base offence level for her illegal conflict of interest by finding that her other crimes were “relevant conduct.” After adjustments, her final offense level was 23 and her guideline range was 46-57 months. Her sentence of 46 months is within — indeed, it is at the bottom of — the guideline range and thus not an appealable upward departure. Cir.2005) (<HOLDING>); United States v. McMillon, 151 Fed.Appx. 693, Options: A. holding that waiver of right to appeal sentence unless its was an upward departure barred appeal of sentence within guidelines range B. holding that an express waiver of the right to appeal the sentence was invalid because the trial court had failed properly to advise the defendant and that the defendant therefore did not waive his right to appeal the legality of his sentence C. holding that the defendants sentence was within the guidelines range and therefore presumptively reasonable D. holding that the district court which had considered the guidelines but found an upward variant sentence necessary given the defendants previous violations did not abuse its discretion when it imposed a 24month sentence instead of a guidelines range sentence of 3 to 9 months incarceration E. holding that we may apply a presumption of reasonableness to a sentence within the guidelines range

assistant: The best answer is A. holding that waiver of right to appeal sentence unless its was an upward departure barred appeal of sentence within guidelines range
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: enhanced sentence in his initial § 2255 motion. See id. (“A motion to vacate is inadequate or ineffective to test the legality of a prisoner’s detention only when it cannot remedy a particular kind of claim.”). To the extent Petitioner contends that his claims were foreclosed at the time of his § 2255 motion, his argument is without merit, as § 2255 was still an adequate remedy to test his claim. See id. (“Even if a prisoner’s claim fails under circuit precedent, a motion to vacate remains an adequate and effective remedy for a prisoner to raise the claim....”). And in any event, his argument that his prior drug convictions under § 893.13 do not qualify as predicate offenses is still foreclosed by binding precedent. See United States v. Smith, 775 F.3d 1262, 1267-68 (11th Cir. 2014) (<HOLDING>); McCarthy v. United States, 135 F.3d 754, Options: A. holding that a state conviction is a drug trafficking offense because the trafficked drug is listed in a csa schedule B. holding that a conviction for a violating fla stat 84301 constitutes a violent felony under the acca C. holding convictions under fla stat 893131 qualify as serious drug offenses pursuant to the acca despite the florida statutes lack of a mens rea element D. holding that a conviction under fla stat 893131 is a serious drug offense E. holding that section 893131 of the florida statutes is a controlled substance offense under ussg 4b12b

assistant: The best answer is D. holding that a conviction under fla stat 893131 is a serious drug offense
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 of this Agreement and the other Loan Documents by each Loan Party party thereto (i) will not contravene such Loan Party’s organizational documents, (ii) will not result in any violation of the provisions of any Legal Requirement of any Governmental Authority having jurisdiction over any Loan Party or any of each Loan Party’s properties or assets, (iii) with respect to each Loan Party, will not conflict with or result in a breach of any of the terms or provisions of, or constitute a default under the terms of any indenture, mortgage, deed of trust, deed to secure debt, loan agreement, management agreement or other agreement or instrument to which such Loan Party is a party or to, which any of such Loan Party’s property or assets is subject, that would be reasonably expected to have a Material Adverse Effect and (iv) with respect to each Loan Party, except for Liens created under the Loan Documents, result in or require the creation or imposition of any Lien upon or with respect to any of the assets of such Loan Party.

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: law.”). In advancing this argument, Scott largely relies upon the Eighth Circuit’s decision in United States v. French, 46 F.3d 710, 717 (8th Cir.1995), which held that because South Dakota law defines parole as confinement in the legal custody of the Department of Corrections, a defendant on parole was still serving an undischarged term of imprisonment for purposes of § 5G1.3(b). We cannot conclude that the district court committed plain error, for at least two reasons. First, this Court has never adopted the French rule, and, as Scott acknowledges, the majority of circuits that have addressed the rule have held that as a matter of uniform federal law a sentence is discharged once the defendant is no longer in prison. See United States v. Cruz, 595 F.3d 744, 745 (7th Cir.2010) (<HOLDING>); Prewitt v. United States, 83 F.3d 812, 817 Options: A. holding that prosecutorial delay that was extreme or sinister could support a departure if the defendant was required to serve a state sentence which could have been concurrent with the federal sentence had the federal prosecution proceeded sooner B. holding that when a sentencing issue centers upon a courts statutory authority to impose a sentence rather than the courts exercise of discretion in fashioning the sentence the issue raised implicates the legality of the sentence imposed C. holding that a court may not impose a harsher sentence on a defendant who successfully challenges his sentence on appeal D. holding that although the defendant was paroled rather than released unconditionally his state sentence was discharged for purposes of deciding whether the federal judge could impose a concurrent sentence E. holding that the guidelines did not strip the sentencing court of its discretion to impose a concurrent sentence

assistant: The best answer is D. holding that although the defendant was paroled rather than released unconditionally his state sentence was discharged for purposes of deciding whether the federal judge could impose a concurrent sentence
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: To Seller’s knowledge, except with respect to the equipment leases listed on Schedule 8.1.1 2 , Seller (i) has title to the Personal Property to be transferred to Buyer, free and clear of all liens, encumbrances or other rights whatsoever (other than liens which will be released by Seller on the Closing Date), and (ii) owns or has the right to assign its interest in the Service Contracts and Intangibles and other property as set forth herein. Except with respect to the equipment leases listed on Schedule 8.1.12 , Seller has not given to any other party any option, contract right or right of first refusal or right of first offer to acquire any interest in any portion of the Property or in the Seller.

assistant: Titles
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: above, we decline to follow the law of other Circuits that apply the presumption of collusion to cases such as the one before us, and evaluate the assignment from the Garita entities to Ambrosia under existing precedent. In Kramer v. Caribbean Mills, 394 U.S. 823, 89 S.Ct. 1487, 23 L.Ed.2d 9 (1969), the Supreme Court held that when the assignor retains an interest in the assigned claims, the assignee has no previous connection in the matter, and the assignment is made for the sole purpose of accessing the federal courts, the assignment is collusive in violation of 28 U.S.C. § 1359. Id. at 827-28, 89 S.Ct. 1487. Likewise, we focus on the nature of the transfer, namely, whether the assignor has retained an interest in the assigned claim. See Gilbert v. Wills, 834 F.2d 935 (11th Cir.1987) (<HOLDING>); Harrell & Sumner Contracting Co., Inc. v. Options: A. holding that because there was complete diversity when the action commenced diversity jurisdiction was not defeated by the addition of a nondiverse plaintiff which was not indispensable B. holding that jurisdiction was collusively obtained when the plaintiff made a private side agreement that promised a portion of the litigation proceeds to potential plaintiffs so long as they did not intervene and destroy diversity between the parties C. holding res judicata did not bar current litigation when prior litigation between the parties involved one breach of obligation under a joint venture agreement and instant litigation was based upon a different cause of action from a subsequent interference with the same agreement D. holding diversity jurisdiction was collusively obtained because the transferor retained a onehalf interest in the outcome of the litigation and was an indispensable party but for the assignment E. holding that the fair and adequate representation requirement was not satisfied because of litigation between plaintiff and defendant the antagonism between the parties and the lack of support plaintiff garnered in its claim

assistant: The best answer is B. holding that jurisdiction was collusively obtained when the plaintiff made a private side agreement that promised a portion of the litigation proceeds to potential plaintiffs so long as they did not intervene and destroy diversity between the parties