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: had any reason to believe that Plaintiff was contemplating a qui tam action. See, e.g., Campion v. Northeast Utils., 598 F.Supp.2d 638, 658 (M.D.Penn.2009) (dismissing § 3730(h) claim under Fed.R.Civ.P. 12 because a plaintiffs “merely reporting his concern about mischarging the government to his supervisor does not suffice to establish that he was acting ‘in furtherance of a qui tam action.”) Had Plaintiff shown that he had given notice of alleged billing misfeasance to his employer, he would still need to show that “his employer was aware of his protected activity. Merely grumbling to the employer about [¶]... ] regulatory violations does not satisfy the requirement.” McKenzie II, 219 F.3d at 518 (quoting United States ex rel. Yesudian v. Howard Univ., 153 F.3d 731, 740 (D.C.Cir.1998) (<HOLDING>)). While the notice need not explicitly Options: A. holding that the validity of releases under the federal employers liability act was a question to be determined by federal rather than state law B. holding an employees investigation of nothing more than his employers noncompliance with federal or state regulations does not state a whistleblower claim C. holding that if a state case explicitly states that the state standard is more favorable to the defendant than the federal standard the federal claim is considered adjudicated below when the state standard is applied D. holding that acceptance and investigation of a federal employees complaint does not constitute waiver E. holding that when presented with petitioners claim based upon state and federal law and the state court confined its analysis to state law aedpa deference does not apply

assistant: The best answer is B. holding an employees investigation of nothing more than his employers noncompliance with federal or state regulations does not state a whistleblower claim
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: During the Employment Period the Executive shall receive an annual base salary (“ Annual Base Salary ”), which shall be paid in equal monthly installments, at least equal to the Executive’s then current salary or such other amount as is authorized by the Compensation Committee of the Board; provided, however that following a Change in Control, the Executive’s rate of Annual Base Salary for any fiscal year of the Company following the Change in Control shall not be less than 12 times the highest monthly base salary paid or payable (including any base salary which has been earned but deferred) to the Executive by the Company and its Affiliated Companies in respect of the 12-month period immediately preceding the month in which the Change in Control occurs. During the Employment Period, the Annual Base Salary shall be reviewed no more than 12 months after the last salary increase or decrease applicable to the Executive and thereafter at least annually. Any increase or decrease in Annual Base Salary shall not serve to limit or reduce any other obligation to the Executive under this Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: 96 S.Ct. 820, 46 L.Ed.2d 598 (1976), the Court concluded that a consent to a search of a suspect’s car obtained while the suspect was in lawful custody was voluntary. The Court outlined the factors relevant to its analysis: There was no overt act or threat of force against Watson proved or claimed. There were no promises made to him and no indication of more subtle forms of coercion that might flaw his judgment. He had been arrested and was in custody, but his consent was given while on a public street, not in the confines of the police station. Moreover, the t and other courts have held that not all deception will invalidate a confession. Denmark v. State, 95 Fla. 757, 116 So. 757, 762 (1928); see also Hoffa v. United States, 385 U.S. 293, 301-02, 87 S.Ct. 408, 17 L.Ed.2d 374 (1966) (<HOLDING>); Brown v. Brierley, 438 F.2d 954, 955-57, 959 Options: A. holding that defendants statements were admissible even though interviewing officer said youve got to tell me the truth B. holding that tapes made by fbi informant were admissible under 25112ed C. holding that defendants statements made to an informant were admissible even though the informant lied about his identity D. holding that a witness could testify about statements made to him by a police department investigator because the statements were an admission by partyopponent and were thus not excluded by the hearsay rule E. holding that states use of informant to obtain incriminating evidence from defendant about pending charges violated defendants sixth amendment right to counsel notwithstanding that state was also investigating other charges as to which the sixth amendment right to counsel had not attached

assistant: The best answer is C. holding that defendants statements made to an informant were admissible even though the informant lied about his identity
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: Upon the terms and subject to the conditions set forth in this Agreement and in consideration of Two Hundred Fifty Thousand United States Dollars (US$250,000) (the “ Purchase Price ”) delivered by the Subscriber to the Company on the Funding Date, the Company hereby agrees to issue the Shares and the Warrant to the Subscriber on the Funding Date. The Company agrees to issue and deliver the Securities to the Subscriber free of all liens, pledges, mortgages, security interests, charges, restrictions, adverse claims or other encumbrances of any kind or nature whatsoever (“ Encumbrances ”), and Subscriber hereby agrees to accept the Securities free of all Encumbrances.

assistant: Sales
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: Client agrees to indemnify and hold Gibraltar harmless for all payments and all reasonable out-of-pocket costs, expenses, claims, and damages incurred in performance by Gibraltar of its obligations under this Agreement. By signing this Agreement, Client acknowledges the Payoff Amount referred to herein is due and owing to Gibraltar and confirms its agreement to the terms and provisions of this Agreement.

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 legal provision and list the applicable contract clause categories. Provision: Buyer is a corporation duly organized, validly existing and in good standing under the laws of State of Delaware. Buyer has full power and authority to execute and deliver this Agreement and the Ancillary Agreements to which it is a party, to perform its obligations hereunder and thereunder and to consummate the transactions contemplated hereby and thereby. The execution and delivery of this Agreement and the Ancillary Agreements to which it is a party, the performance of Buyer’s obligations hereunder and thereunder and the consummation of the transactions contemplated hereby and thereby have been duly and validly authorized by all necessary proceedings on the part of Buyer. This Agreement has been, and as of the Closing all of the Ancillary Agreements to be delivered by Buyer will be, duly executed and delivered by Buyer, and, assuming the due execution of Seller, constitutes (or will constitute) the valid and legally binding obligation of Buyer, enforceable against Buyer in accordance with their terms.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Note shall be governed by and construed in accordance with the laws of the State of New York without regard to principles of conflicts of laws. Any action brought by either party against the other concerning the transactions contemplated by this Note shall be brought only in the state courts of New York or in the federal courts located in the state and county of New York. The parties to this Note hereby irrevocably waive any objection to jurisdiction and venue of any action instituted hereunder and shall not assert any defense based on lack of jurisdiction or venue or based upon forum non conveniens . The Borrower and Holder waive trial by jury. The prevailing party shall be entitled to recover from the other party its reasonable attorney's fees and costs. In the event that any provision of this Note or any other agreement delivered in connection herewith is invalid or unenforceable under any applicable statute or rule of law, then such provision shall be deemed inoperative to the extent that it may conflict therewith and shall be deemed modified to conform with such statute or rule of law. Any such provision which may prove invalid or unenforceable under any law shall not affect the validity or enforceability of any other provision of any agreement. Each party hereby irrevocably waives personal service of process and consents to process being served in any suit, action or proceeding in connection with this Agreement or any other Transaction Document by mailing a copy thereof via registered or certified mail or overnight delivery (with evidence of delivery) to such party at the address in effect for notices to it under this Agreement and agrees that such service shall constitute good and sufficient service of process and notice thereof. Nothing contained herein shall be deemed to limit in any way any right to serve process in any other manner permitted by law.

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: Subject to the requirements of Section 409A, each Employer reserves the right to terminate the Plan at any time with respect to Participants whose services are retained by that Employer. Upon the termination of the Plan in accordance with the requirements of Section 409A, a Participant’s Account Balance and Discretionary Credit Account, if any, shall be paid out in accordance with the regulations issued under Section 409A. The termination of the Plan shall not adversely affect any Participant or Beneficiary who has become entitled to the payment of any benefits under the Plan as of the date of termination.

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: Keown shall serve as the President and Chief Executive Officer of the Company, reporting directly to the Board. As Chief Executive Officer, Keown shall oversee and direct the operations of the Company including direct or indirect supervision of management personnel of the Company, and perform such other duties consistent with the responsibilities of Chief Executive Officer, all subject to the direction of the Board. Keown shall devote to the Company’s business substantially all of his working time. Service as a director of for-profit organizations shall require approval of the Board. Keown shall be appointed to the vacancy on the Board occasioned by Jeffrey Wahba’s resignation therefrom.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: You have up to twenty-one (21) days to consider this Agreement before deciding whether to sign it. In connection with your consideration of this Agreement, Adient US LLC hereby advises you to consult with an attorney prior to signing this Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: ORDER Petitioner Ming Zhang Xu, a native and citizen of the People’s Republic of China, seeks review of a March 4, 2010, decision of the BIA affirming the April 16, 2008, decision of Immigration Judge (“IJ”) Paul A. DeFonzo, denying his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). In re Ming Zhang Xu, No. A094 048 617 (B.I.A. Mar. 4, 2010), aff'g No. A094 048 617 (Immig.Ct. N.Y. City Apr. 16, 2008). We assume 6) (<HOLDING>); see also Steevenez v. Gonzales, 476 F.3d 114, Options: A. recognizing that withholding of removal and cat claims necessarily fail if the applicant is unable to show the objective likelihood of persecution needed to make out an asylum claim and the factual predicate for the claims is the same B. recognizing that withholding of removal claims must fail if petitioner is unable to show the objective likelihood of persecution needed to make out an asylum claim and the claims are based on the same factual predicate C. holding that where a petitioner fails to establish a claim for asylum on the merits his claims for withholding of removal under the ina and cat also necessarily fail D. holding that when the asylum withholding of removal and cat claims are based on the same factual predicate a credibility ruling necessarily forecloses relief in each E. holding that defeat of asylum claim on credibility grounds does not necessarily preclude relief on a cat claim

assistant: The best answer is D. holding that when the asylum withholding of removal and cat claims are based on the same factual predicate a credibility ruling necessarily forecloses relief in each
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: you may reject any change we make to section 15 ( except address changes ) by sending us notice within 30 days of the change by u.s. mail to the address in section 15 ( b ) .

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: Neither party hereto shall be deemed to have waived any of its rights, powers or remedies hereunder except in an express writing signed by an authorized agent or representative of the party to be charged with such waiver.

assistant: Waivers
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 CME SUBSIDIARY GUARANTOR HEREBY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS GUARANTEE OR ANY OTHER CREDIT DOCUMENT (WHETHER BASED ON CONTRACT, TORT OR ANY OTHER THEORY).

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: in order for certain features of the rovio services to operate properly , you may be required to have and maintain ( a ) an adequate internet connection and/or ( b ) a valid and active account with an online service as set forth in the documentation related to rovio services .

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 required or permitted to be given by the Corporation with respect to the Series B Preferred Stock shall be in writing, and if delivered by first class United States mail, postage prepaid, to the holders of the Series B Preferred Stock at their last addresses as they shall appear upon the books of the Corporation, shall be conclusively presumed to have been duly given, whether or not the holder actually receives such notice; provided, however, that failure to duly give such notice by mail, or any defect in such notice, to the holders of any stock designated for repurchase, shall not affect the validity of the proceedings for the repurchase of any other shares of Series B Preferred Stock, or of any other matter required to be presented for the approval of the holders of the Series B Preferred Stock.

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: Any provision of this Agreement that is determined by any court of competent jurisdiction to be invalid or unenforceable shall not affect the validity or enforceability of any other provision hereof or the invalid or unenforceable provision in any other situation or in any other jurisdiction. Any provision of this Agreement held invalid or unenforceable only in part or degree shall remain in full force and effect to the extent not held invalid or unenforceable.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Plan Sponsor reserves the right to amend this Plan at any time to comply with Code Section §409A, Treasury Regulations §1.409A and other Applicable Guidance or for any other purpose, provided that such amendment will not cause the Plan to violate the provisions of Code Section 409A. Except as this Plan and Applicable Guidance otherwise may require, the Plan Sponsor may make any such amendments effective immediately. Except to the extent necessary to bring this Plan into compliance with Section 409A: (i) no amendment or modification shall be effective to decrease the value or vested percentage of a Participant’s Account(s) in existence at the time an amendment or modification is made, and (ii) no amendment or modification shall materially and adversely affect the Participant’s rights to be credited with additional amounts on such Account(s), or otherwise materially and adversely affect the Participant’s rights with respect to such Account(s). A change in the Deemed Investment Options offered under this Plan shall not constitute an amendment or modification that is materially adverse to the Participant’s rights with respect to the Participant’s Account(s) for purposes of the preceding sentence.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Note shall be governed by and construed in accordance with the laws of the State of Nevada without regard to principles of conflicts of laws. Any action brought by either party against the other concerning the transactions contemplated by this Note shall be brought only in the state courts of New York or in the federal courts located in the Commonwealth of New York. The parties to this Note hereby irrevocably waive any objection to jurisdiction and venue of any action instituted hereunder and shall not assert any defense based on lack of jurisdiction or venue or based upon forum non conveniens . The Borrower and Holder waive trial by jury. The prevailing party shall be entitled to recover from the other party its reasonable attorney’s fees and costs. In the event that any provision of this Note or any other agreement delivered in connection herewith is invalid or unenforceable under any applicable statute or rule of law, then such provision shall be deemed inoperative to the extent that it may conflict therewith and shall be deemed modified to conform with such statute or rule of law. Any such provision which may prove invalid or unenforceable under any law shall not affect the validity or enforceability of any other provision of any agreement. Each party hereby irrevocably waives personal service of process and consents to process being served in any suit, action or proceeding in connection with this Agreement or any other Transaction Document by mailing a copy thereof via registered or certified mail or overnight delivery (with evidence of delivery) to such party at the address in effect for notices to it under this Agreement and agrees that such service shall constitute good and sufficient service of process and notice thereof. Nothing contained herein shall be deemed to limit in any way any right to serve process in any other manner permitted by law.

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: that she reasonably believed occurred. There is no evidence that she engaged in any protected activity. In fact, Hoosier admits she did not complain to anyone about discrimination. Without more, Hoosier’s claims that she engaged in protected activity and suffered an adverse employment action is deficient, and there are no disputed issues of material fact sufficient to defeat Greenwood’s motion for summary judgment. Accordingly, Greenwood is entitled to judgment as a matter of law with respect to Hoosier’s retaliation claims. IV. CONCLUSION For the reasons set (7th Cir.2009) (“An isolated or ‘stray remark’ is typically insufficient to create an inference of discrimination.... ”); Kir-ley v. Bd. of Ed. of Maine Township High School, 2013 WL 6730885, *8 (N.D.Ill.Dec. 13, 2013) (<HOLDING>); Hogg v. Fraser Shipyards, Inc., 407 F.Supp.2d Options: A. recognizing that the seventh circuit consistently has held that isolated comments that are no more than stray remarks in the work place are insufficient to establish that a particular decision was motivated by discriminatory animus B. holding that an isolated comment is not direct evidence of discrimination even if a plaintiff interpreted it as motivated by a discriminatory animus C. holding that isolated remarks are insufficient to prove discriminatory intent D. holding that comments which were considered by personnel board in normal course of considering employment action were relevant to establish discriminatory intent and were not just stray remarks E. holding that stray comments without more cannot establish a case of employment discrimination but if other indicia of discrimination are properly presented the remarks can no longer be deemed stray and the jury has a right to conclude that they bear a more ominous significance

assistant: The best answer is A. recognizing that the seventh circuit consistently has held that isolated comments that are no more than stray remarks in the work place are insufficient to establish that a particular decision was motivated by discriminatory animus
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: and verse in the Bible where the Lord’s Prayer appears; how many chapters are in the Bible; the content of Psalm 23) constituted "an impermissible governmental inquiry into religious dogma and practice.” Mejia-Paiz v. INS, 111 F.3d 720, 727-29 (9th Cir.1997) (Ferguson, J., dissenting). 4 . The Government argues that Golkar should have corroborated his account of his conversion, but absent a legitimate reason to doubt Golkar’s "direct and specific” testimony about his conversion, corroborating evidence is not required. Kaur, 379 F.3d at 889-90. RAWLINSON, Circuit Judge, dissenting: I respectfully dissent. In my view, we are not compelled to find that the Immigration Judge’s (IJ) adverse credibility determination was erroneous. See Mansour v. Ashcroft, 390 F.3d 667, 671 (9th Cir. 2004) (<HOLDING>). If even one of the bases supporting the Options: A. holding that an ij made an explicit credibility when the ij found testimony not credible based on several enumerated inconsistencies B. holding that where the ij finds the petitioner to be credible his testimony must be accepted C. holding that contrary determination must be compelled to reverse the ij D. holding that the ij must make clean determinations of credibility E. holding that we will not reverse in the absence of prejudice

assistant: The best answer is C. holding that contrary determination must be compelled to reverse the ij
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: Neither the Company nor any Subsidiary is required to obtain any consent from, authorization or order of, or make any filing or registration with (other than the filing of a Form D with the SEC and any other filings as may be required by any state securities agencies), any court, governmental agency or any regulatory or self-regulatory agency or any other Person in order for it to execute, deliver or perform any of its respective obligations under or contemplated by the Transaction Documents, in each case, in accordance with the terms hereof or thereof. All consents, authorizations, orders, filings and registrations which the Company or any Subsidiary is required to obtain pursuant to the preceding sentence have been or will be obtained or effected on or prior to the Closing Date, and neither the Company nor any of its Subsidiaries are aware of any facts or circumstances which might prevent the Company or any of its Subsidiaries from obtaining or effecting any of the registration, application or filings contemplated by the Transaction Documents. The Company is not in violation of the requirements of the Principal Market and has no knowledge of any facts or circumstances which could reasonably lead to delisting or suspension of the Common Stock in the foreseeable future.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Borrower shall not request any Borrowing and shall not use, and shall procure that its Subsidiaries and its and their respective directors, officers, employees and agents shall not use, any of the proceeds of any Borrowing (a) in furtherance of any offer, payment or promise to pay, or any authorization of the payment or giving of, money or anything else of value to any Person in violation of any Anti-Corruption Law, (b) for the purpose of funding, financing or facilitating any activity, business or transaction of or with any Sanctioned Person or in any Sanctioned Country or (c) in any manner that would result in the violation of any applicable Sanction.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Subject to the terms of the Non-Employee Stock Incentive Plan (including, without limitation, Section 6(j)(vi) of the Non-Employee Stock Incentive Plan) and any applicable Award Agreement, the Committee shall determine the performance objectives to be achieved during the applicable Restricted Period, the length of the Restricted Period, the number of Shares or the amount of cash subject to any Performance Award and the amount of any payment to be made upon achievement of the performance objectives applicable to any Performance Award.

assistant: Terms
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: Litigation Reform Act of 1995 (PLRA), 42 U.S.C. § 1997e(a). It did not hold, however, that an inmate’s failure to exhaust administrative remedies deprived courts of subject matter jurisdiction over a 28 U.S.C. § 2241 petition or any other type of claim. 2 . Skinner and "Winck mention Gonzalez’s holding only in dicta. Skinner, 355 F.3d at 1295; "Winck, 327 F.3d at 1300 n. 1. Lucas and Mitchell predate Gonzalez and do not address § 2241 petitions at all. Lucas, 898 F.2d at 1555; Mitchell, 845 F.2d at 952-53. 3 . Beginning in 2005, 13 years after Gonzalez was decided, Congress enacted a series of amendments to § 2241 aimed at limiting the jurisdiction of courts to hear § 2241 petitions brought by aliens detained as enemy combatants. See Pub.L. No. 109-148, § 1005(e)(1), 119 th Cir.2009) (<HOLDING>); United States v. Archer, 531 F.3d 1347, 1352 Options: A. holding that one of our prior panel precedents involving the armed career criminal act was undermined to the point of abrogation by shepard v united states 544 us 13 125 sct 1254 161 led2d 205 2005 even though shepard dealt with a different provision of that act B. holding that one of our prior panel precedents about when criminal filing deadlines are jurisdictional was abrogated by bowles v russell 551 us 205 127 sct 2360 168 led2d 96 2007 even though bowles dealt with civil filing deadlines C. holding that appellate deadlines are stayed during pendency of automatic stay imposed by insurance code D. holding that filing of an administrative complaint did not meet the requirement that the employee seek counseling prior to filing E. holding that where a state court applies the harmless beyond a reasonable doubt standard a federal court may not award habeas relief under 2254 unless the harmlessness determination itself was unreasonable emphasis in original quoting fry v pliler 551 us 112 119 127 sct 2321 168 led2d 16 2007

assistant: The best answer is B. holding that one of our prior panel precedents about when criminal filing deadlines are jurisdictional was abrogated by bowles v russell 551 us 205 127 sct 2360 168 led2d 96 2007 even though bowles dealt with civil filing deadlines
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: in the record that he was so upset as to be acting irrationally, and there is nothing in the record that suggests that the officers obtained the defendant’s consent by means of duress, coercion, or intimidation. In particular, there is nothing in the record that suggests that the officers pressured him to open the lock box or that he was adamant in stating that the passport was not in it. Compare United States v. Jones, 523 F. 3d 31, 38 (1st Cir. 2008) (arrest of defendant in his hotel room by “ten to fifteen” law enforcement officers, with “guns drawn,” did not render his subsequent consent to the officers to search the room involuntary where “there was no indication” the defendant “was mistreated” by the officers); Commonwealth v. Gonzalez, 60 Mass.App.Ct. 903, 904 & n.5 (2003) (<HOLDING>). See also Commonwealth v. Franco, 419 Mass. Options: A. holding verbal consent given by woman after being placed under arrest was voluntaiy B. holding consent was given involuntarily when a reasonable person would not have felt they had the choice to withhold consent to search C. holding that consent given immediately after an illegal stop was vitiated by the illegality D. holding there is no consent as a matter of law where the consent was given under coercion E. holding that consent was freely and voluntarily given despite officers advisement that the police could get a search warrant if consent was not given

assistant: The best answer is A. holding verbal consent given by woman after being placed under arrest was voluntaiy
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 contrary, the Owners argue the apartment complexes are not “ ‘commercial,’ ” which “is commonly defined, in relevant part, to mean ‘of or relating to commerce.’” However, “commercial” has several definitions. Another definition of “commercial” is “viewed with regard to profit.” MeRriam-WebsteR’s Ninth New Collegiate DictionaRY 264 (Merriam-Webster, Inc.1984). The Owners do not dispute that their primary aim in owning the apartment complexes is profit. But, they argue, their apartments cannot be considered “commercial” because they are used by their occupants as residences. However, in support of this argument, the Owners rely exclusively on authority holding that residential use restrictions do not prohibit the construction of apartments, condominiums, and duplexes. See 544 (1972) (<HOLDING>). As the Association points out, the Options: A. holding that restrictive covenants disallowing commercial or industrial ventures or business of any type from being maintained on any lot in the subdivision were not ambiguous and that according to their plain meaning clearly allow the rental of residential property whether shortterm or longterm because the use does not violate the prohibition on commercial and business activity as such terms are commonly understood B. holding that the specific date restriction set forth in 541a5 controls and that 1306a1 does not eliminate that restriction C. holding that the judges restriction of the class was not an abuse of discretion D. holding that in pennsylvania there is a rule that proof of the ownership of a business vehicle involved in an accident raises a presumption that the operation of the automobile was for the owners business purposes E. holding that apartment complex did not violate residential use restriction but noting that in many respects and for certain purposes ownership and operation of an apartment house is a business

assistant: The best answer is E. holding that apartment complex did not violate residential use restriction but noting that in many respects and for certain purposes ownership and operation of an apartment house is a business
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 pay interest to Administrative Agent for the account of the applicable Bank, on the outstanding and unpaid principal amount of the Loans, at a rate per annum as follows: (1) for Base Rate Loans at a rate equal to the Base Rate plus the Applicable Margin; (2) for LIBOR Loans at a rate equal to the applicable LIBOR Interest Rate plus the Applicable Margin; and (3) for Bid Rate Loans at a rate equal to the applicable LIBOR Bid Rate. Any principal amount not paid when due (when scheduled, at acceleration or otherwise) shall bear interest thereafter, payable on demand, at the Default Rate and, with respect to any other Obligation that is not paid when due (when scheduled, at acceleration or otherwise), shall bear interest thereafter, payable on demand, at the Default Rate applicable to Base Rate Loans.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: computed from its own shares (200), Ella’s holdings (25), and the shares owned by Ella’s children (John — 40, Hank — 40, Ellen Hicks — 40). Following the redemption, the Trust’s constructive holdings were reduced to 145 shares (25 owned by Ella, 120 held by her children). Only 11 other shares remained actually outstanding (Hicks — 5, Winkler — 6); therefore, the Trust held 345/356 shares, or 97%, before and 145/156b shares, or 93%, immediately after the redemption. When the district court made this comparison it included the seventy-five option shares held by Hicks. Accordingly, the district court determined that the Trust held 80% of the company before redemption (345/431), and 62.8% after redemption (145/231). Because the Trust no longer controlled the company after the redemption (<HOLDING>), the district court concluded that the Options: A. holding that a fee substantially less than the lodestar amount is permissible B. holding less than twothirds of the stock C. holding that apprendi does not apply where the defendant was sentenced to less than the statutory maximum D. holding that demands for benefits not less than 10 million dollars contributions greater than 50 million dollars and less than 100 million dollars and attorneys fees not less than 150000000 were ambiguous and did not satisfy the sum certain requirement E. holding that the district courts failure to explain the effect of supervised release was harmless where the maximum term of incarceration under the actual sentence of imprisonment and supervised release less than six years as well as his worstcase scenario less than nine years was less than the maximum term of incarceration twenty years al lowed by law

assistant: The best answer is B. holding less than twothirds of the stock
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 would not have a Material Adverse Effect: (i) each Transaction Party and each ERISA Affiliate is in compliance with the applicable provisions of ERISA and of the Code relating to Plans; (ii) no Reportable Event or non-exempt Prohibited Transaction has occurred or is reasonably expected to occur with respect to any Plan; (iii) there has been no determination that any Single Employer Plan is, or is expected to be, in “at risk” status (within the meaning of Section 430 of the Code or Section 303 of ERISA); (iv) no Lien in favor of the PBGC or any Single Employer Plan has been imposed upon any Transaction Party or any ERISA Affiliate that remains unsatisfied; (v) no Transaction Party and no ERISA Affiliate has received from the PBGC or a plan administrator any notice relating to an intention to terminate any Single Employer Plan or to appoint a trustee to administer any Single Employer Plan under Section 4042 of ERISA; (vi) no Transaction Party and no ERISA Affiliate has incurred any Withdrawal Liability that remains unsatisfied; and (vii) no Transaction Party and no ERISA Affiliate has received any notice concerning the imposition of Withdrawal Liability or any determination that a Multiemployer Plan is, or is expected to be, Insolvent, in Reorganization, terminated or in “endangered” or “critical” status (within the meaning of Section 432 of the Code or Section 305 of ERISA).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: During the Transition Period, your base salary will remain the same, and you will continue to be eligible for the Company’s standard benefits, subject to the terms and conditions applicable to such plans and programs. Your Company stock options will continue to vest under the existing terms and conditions set forth in the governing plan documents and option agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Schedule 3.15 sets forth a description of all insurance maintained by or on behalf of the Borrower or any Subsidiary as of the First A&R Effective Date. As of the First A&R Effective Date, such insurance is in full force and effect and all premiums in respect of such insurance have been paid. The Borrower believes that the insurance maintained by or on behalf of the Borrower and the Subsidiaries is in such amounts (with no greater risk retention) and against such risks as is (a) customarily maintained by companies of established repute engaged in the same or similar businesses operating in the same or similar locations and (b) adequate.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: court’s confirmation of the plan would “create an unmanageable, uncontrollable situation for the Bankruptcy Court” to undo the portion of the plan that had been carried out and thus the appeal was equitably moot. See Roberts Farms, 65 Retail Stores, Corp., 216 F.3d 882, 884-85 (9th Cir.2000). Additionally, the Court of Appeals further explained, While the doctrine of equitable mootness focuses on whether it is, for all practical purposes, impossible to award effective relief, other equitable considerations center on whether it would be unfair to grant the relief requested. Therefore, even if an appeal is not equitably moot, a court may still hold that the equities weigh in favor of dismissing the appeal. See, e.g., In re Federated Dep’t Stores, Inc., 44 F.3d 1310, 1320 (6th Cir.1995) (<HOLDING>). Id. at 885. The first concept discussed above Options: A. holding that an appeal was not equitably moot because the person who was issued the money was a party and was aware when the payment was made that the award would be appealed B. holding that the plaintiff had established an entitlement to relief on the merits of the claim and was therefore entitled to fees even though it was remanded to the agency for further action C. holding that even though the appeal was not moot because effective relief was possible it was inequitable to require that the debtors counsel disgorge fees and costs awarded by the bankruptcy court D. holding that an order to disgorge funds was final even though the order did not distribute the funds E. holding that the case was not moot even though claims for injunctive and declaratory relief were no longer alive because the plaintiff had requested pecuniary relief

assistant: The best answer is C. holding that even though the appeal was not moot because effective relief was possible it was inequitable to require that the debtors counsel disgorge fees and costs awarded by the bankruptcy 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: federal maritime law to the effect that the show-tag of profits and losses and the right to joint control are merely important indicators of a joint venture relationship rather than essential elements of such a relationship. Fulcher’s Point deals with maritime liens, not with employment status or tort liability under The Jones Act. 935 F.2d at 209. The emphasis of Fulcher was on nondilution of the credit of the vessel and the maintenance of this security for suppliers who are strangers to ownership of the vessel. See id. at 211, 213. Davidson involved the application of the Longshore and Harbor Workers’ Compensation Act, 33 U.S.C. § 901. 848 F.2d at 575. 11 .But cf. Evich v. Morris, 819 F.2d 256, 257-58 (9th Cir.), cert. denied, 484 U.S. 914, 108 S.Ct. 261, 98 L.Ed.2d 218 (1987) (<HOLDING>). 12 . As Taiyo points out, a substantial Options: A. holding that the general rule of maritime law that parties bear their own costs coupled with the need for uniformity in federal maritime law precludes the application of state attorneys fee statutes such as texas civ prac remcode 38001 to maritime contract disputes B. holding punitive damages unavailable for survival claims under general maritime law C. holding that uniformity is as important in maritime survival actions as it is in maritime wrongful death actions D. holding that wrongful death actions asserted under admiralty jurisdiction lie under general maritime law for death caused by violation of maritime duties and are not limited to standards of liability created by state law E. holding that federal maritime law and not state law applies to all actions for wrongful death in navigable state waters

assistant: The best answer is C. holding that uniformity is as important in maritime survival actions as it is in maritime wrongful death actions
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement is made and entered into in the State of Texas and shall in all respects be interpreted, enforced, and governed under the laws of the State of Texas and all obligations hereunder shall be payable and performable in Houston, Harris County, Texas. Executive and the Company both agree that any dispute arising under the terms of this Agreement or under any other agreement referenced herein, shall be heard in either the state or federal courts in Houston, Texas.

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: Subject to the terms and conditions set forth in this Agreement, and upon execution and delivery of this Agreement, Seller (“Seller”) shall sell to Buyer, and Buyer shall purchase from Seller, such number of the Company’s Common Shares as set forth on Schedule I attached hereto (the “Seller Shares”), for an aggregate purchase price as indicated on Schedule I attached hereto (the “Seller Purchase Price”).

assistant: Sales