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: between Nobri-ga and the victim of his Hawaii AFHM conviction does not fall within any of the four categories prescribed by § 921(a)(33)(A)(ii), the government did not establish that Nobriga had .previously been convicted of a “misdemeanor crime of domestic violence.” Nobriga’s motion to dismiss should therefore have been granted. Nor is there any question as to whether we should correct the error. As our above analysis indicates, the district court’s error was plain and prejudiced Nobriga. A plea based on an offense that the defendant could not have committed as a matter of law satisfies Cotton’s third prong — whether the error affected substantial rights. See Cotton, 535 U.S. at 631, 122 S.Ct. 1781; see also United States v. Choy, 309 F.3d 602, 607-08 & n. 5 (9th Cir.2002) (<HOLDING>). That Nobriga did not raise this ultimately Options: A. holding that prosecutorial error does not warrant reversal unless substantial prejudice results B. holding under a plain error analysis that a failure to charge the jury with an essential element did not warrant reversal of the conviction where the evidence supporting that element was overwhelming C. holding that even if evidence admitted in error admission must result in material prejudice to warrant reversal D. holding that a plain error that is fatal to a conviction is sufficient to warrant reversal E. holding that even if there is error in failing to award nominal damages to a plaintiff such error is not a basis for reversal

assistant: The best answer is D. holding that a plain error that is fatal to a conviction is sufficient to warrant reversal
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: At such time as the Loans, the amounts owed to any Issuing Bank in respect of Letter of Credit and the other Obligations (other than contingent indemnification and contingent expense reimbursement obligations) shall have been paid in full, the Commitments have been terminated and either no Letter of Credit shall be outstanding or each outstanding Letter of Credit has been Cash Collateralized so that it is fully secured to the reasonable satisfaction of the Administrative Agent, this Agreement and all obligations (other than those expressly stated to survive such termination) of the Administrative Agent and each Guarantor hereunder shall terminate, all without delivery of any instrument or performance of any act by any party. The Guarantee of any Guarantor hereunder shall be released to the extent (and in the manner) expressly set forth in Section 5.09 or in the event such Guarantor ceases to be a Subsidiary in a transaction not prohibited by the terms of this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: THIS AMENDMENT AND THE RIGHTS AND OBLIGATIONS OF THE PARTIES HEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF NEW YORK, INCLUDING, WITHOUT LIMITATION, NEW YORK GENERAL OBLIGATIONS LAW SECTIONS 5-1401 AND 5-1402 (BUT GIVING EFFECT TO FEDERAL LAWS RELATING TO NATIONAL BANKS).

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: This Amendment and the Acknowledgment and Agreement of Guarantors may be executed in any number of counterparts, each of which when so executed and delivered shall be deemed an original and all of which counterparts, taken together, shall constitute one and the same instrument. Signatures transmitted by facsimile, email or other electr onic medium shall be effective as 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: upon which relief can be granted. Because the GEO employees were not required to respond to Pollard’s complaint, we have no idea whether they could pursue the government contractor defense were Pollard’s claims to be tried under state tort law. Nor do the GEO employees have any incentive to make such an argument at this stage of the litigation, as their argument rests on the existence of adequate alternative remedies under state tort law which would be foreclosed by the successful invocation of such a defense. Thus, the GEO employees may have a complete defense to liability under state tort law or they may not; we simply don't know. 17 . Another, closely related, example of one of these potential defenses is federal preemption. See Saleh v. Titan Corp., 580 F.3d 1, 11-13 (D.C.Cir.2009) (<HOLDING>). 18 . According to the United States Justice Options: A. holding that the plaintiffs state law claims are preempted by federal law B. holding that plaintiffs state law tort actions against private military contractors working for the federal government were preempted by federal law C. holding the state law claims were not preempted D. holding that the application of an element of a state law tort is preempted if in holding a defendant hable for the conduct there would be conflict with federal patent law E. holding that state law claim regarding breach of settlement agreement was preempted by federal labor law

assistant: The best answer is B. holding that plaintiffs state law tort actions against private military contractors working for the federal government were preempted by federal law
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Administrative Agent shall have received true copies (certified to be such by the Borrower or other appropriate party) of all consents, licenses, and approvals, if any, required in accordance with applicable law, or in accordance with any document, agreement, instrument, or arrangement to which the Borrower or any of its Subsidiaries is a party (other than any real property interest that is subject to the Third Party Consent Limitation and other agreements, the breach of which, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect), in connection with the execution, delivery, performance, validity and enforceability of this Agreement and the other Credit Documents. In addition, the Borrower, the Excluded Subsidiaries, and their respective Subsidiaries shall have all such material consents, licenses and approvals required in connection with the continued operation of such Persons and, as to the Borrower and its Subsidiaries, the performance of the Obligations except for any real property interest that is subject to the Third Party Consent Limitation and except where the failure to have any of such material consents, licenses and approvals, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect.

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: In addition to all such rights of indemnity and subrogation as the Guarantors may have under applicable law (but subject to Section 6.03 hereof), the Borrower agrees that (a) in the event a payment shall be made by any Guarantor under this Agreement in respect of any Obligation of the Borrower, the Borrower shall indemnify such Guarantor for the full amount of such payment and such Guarantor shall be subrogated to the rights of the person to whom such payment shall have been made to the extent of such payment and (b) in the event any assets of any Guarantor shall be sold pursuant to this Agreement or any other Security Document to satisfy in whole or in part an Obligation of the Borrower, the Borrower shall indemnify such Guarantor in an amount equal to the greater of the book value or the fair market value of the assets so sold.

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 case excerpt and choose the best holding from the options. Case excerpt: remedy provided by § 1821(d)(5) for claimants has been construed as requiring only actual notice of the receivership, rather than mailed individual notice. Substitution of the receiver into a pending lawsuit has been held to be sufficient actual notice to parties in that action. See Tri-State Hotels v. FDIC, 79 F.3d 707, 716 (8th Cir.1996) (exhaustion of administrative remedies not required when claimant had actual notice); Freeman, 56 F.3d at 1404 (actual notice of receivership put plaintiffs on inquiry notice of claims bar date); and Intercontinental Travel Mktg., 45 F.3d at 1281 (stipulation of substitution provided notice of receivership). Publication in local newspapers is sufficient notice of the receivership. Tillman v. Resolution Trust Corp., 37 F.3d 1032, 1036 (4th Cir.1994) (<HOLDING>). Further, notice was given to class counsel Options: A. holding that lack of objection at trial precludes appellate review of allegedly misused evidence B. holding that evidence of publication in local newspapers precludes defense of lack of notice of receivership C. holding that substantive changes made by administrative agencies in regulations are required to comply with certain notice and comment requirements which include publication of a notice of proposed rulemaking in the federal register an opportunity for interested persons to comment on that notice and after consideration of these comments publication of the final rule with a general statement of its basis and purpose citing 5 usc 553b c D. holding publication in local and national editions of the new york times sufficient notice to claimant in pennsylvania E. holding that the lack of evidence of the alleged principals control over the alleged agent precludes the finding of an agency relationship

assistant: The best answer is B. holding that evidence of publication in local newspapers precludes defense of lack of notice of receivership
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: At any time upon the written request of the Company, Investor will, at its own expense, (i) reasonably promptly redeliver to the Company or, at the at Investor’s option, destroy all copies (including permanently erasing or deleting any electronic copies) of the Evaluation Material in the possession or control of Investor or any of its Representatives and

assistant: No
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: sued by their own citizens, the Supreme Court has long held that the Eleventh Amendment also bars suits by citizens of the state being sued. See Hans v. Louisiana, 134 U.S. 1, 10 S.Ct. 504, 33 L.Ed. 842 (1890); Pennhurst State School & Hosp. v. Halderman, 465 U.S. 89, 99, 104 S.Ct. 900, 907, 79 L.Ed.2d 67 (1984); Welch v. Texas Dep’t of Highways and Public Transp., 483 U.S. 468, 472-73, 107 S.Ct. 2941, 2945-46, 97 L.Ed.2d 389 (1987)(plurality opinion). There are of course exceptions to this general rule. For example: a state may consent to suit in federal court; a state may waive its right to assert immunity; or the nature of the suit may determine whether sovereign immunity is available. See, e.g., Edelman v. Jordan, 415 U.S. 651, 673, 94 S.Ct. 1347, 1360-61, 39 L.Ed.2d 662 (1974)(<HOLDING>); Clark v. Barnard, 108 U.S. 436, 447-48, 2 Options: A. holding that federal prisoners need not exhaust their administrative remedies before filing suit in federal court B. holding that the statute must specify the states intention to subject itself to suit in federal court in order to constitute a waiver C. holding that any suit filed in state court alleging violations of a provision of a labor contract must be brought under 301 and be resolved by federal law D. holding that a states consent to suit in federal court must be unequivocally expressed E. holding that the united states may bring suit against a state to enforce compliance with federal law

assistant: The best answer is D. holding that a states consent to suit in federal court must be unequivocally expressed
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 hereby indemnifies Lenders against any loss (each, a “ Loss ”) or reasonable out-of-pocket expenses which any Lender may sustain or incur as a consequence of (a) the receipt or recovery by a Lender whether by voluntary prepayment, acceleration or otherwise, of all or any part of a LIBOR Rate Loan other than on the last day of any LIBOR Interest Period applicable to such Loan, (b) the conversion of a LIBOR Rate Loan prior to the last day of any LIBOR Interest Period applicable to such LIBOR Rate Loan, (c) the failure to borrow any LIBOR Rate Loan after agreement shall have been reached with respect to the LIBOR Interest Period therefor, or (d) any failure by Borrower to borrow a LIBOR Rate Loan on the date specified by Borrower’s written notice. Borrower shall pay to each applicable Lender a yield maintenance fee (the “ Yield Maintenance Fee ”) as payment in full in respect of each such Loss, if any, computed as follows: The current rate for United States Treasury securities (bills on a discounted basis shall be converted to a bond equivalent) with a maturity date closest to the maturity date of the term chosen pursuant to the LIBOR Interest Period as to which the prepayment is made, shall be subtracted from the “Cost of Funds” component of the fixed rate in effect at the time of prepayment. If the result is zero or a negative number, there shall be no Yield Maintenance Fee. If the result is a positive number, then the resulting percentage shall be multiplied by the amount of the principal balance being prepaid. The resulting amount shall be divided by 360 and multiplied by the number of days remaining in the term chosen pursuant to the LIBOR Interest Period as to which the prepayment is made. Said amount shall be reduced to present value calculated by using the number of days remaining in the designated term and using the above-referenced United States Treasury security rate and the number of days remaining in the term chosen pursuant to the LIBOR Interest Period as to which the prepayment is made. The resulting amount shall be the Yield Maintenance Fee due to the applicable Lender upon prepayment of the LIBOR Rate Loan. “ Cost of Funds ” as used herein means with respect to any such LIBOR Rate Loan the Adjusted LIBOR Rate applicable thereto. If by reason of an Event of Default hereunder, Administrative Agent elects to declare the Loans to be immediately due and payable, then any Yield Maintenance Fee with respect to the Loans shall become due and payable in the same manner as though Borrower had been granted and had exercised a right of prepayment.

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 case excerpt and choose the best holding from the options. Case excerpt: 5 Washington has not necessarily required cross-examination of the minor child in instances where a parent’s contact with a minor child could be restricted. See In re Dependency of H.W., 70 Wn. App. 552, 558, 854 P.2d 1100 (1993) (noting that due process was satisfied for the purpose of a temporary shelter care hearing where the accused parent had access to statements made by the children). Moreover, where the result of a hearing would only temporarily restrict a purportedly abusive parent’s access to a minor child, less process is due than in termination proceedings. See id. at 556-57 (considering the “obvious need for prompt and decisive action in order to protect a child from possible abuse and neglect’’); see also In re Parentage of Jannot, 149 Wn.2d 123, 126-27, 65 P.3d 664 (2003) (<HOLDING>). 6 [D]omestic violence is a problem of immense Options: A. holding that the clearly erroneous standard of review applies unless judgment is entered on the basis of documentary evidence alone B. holding that clearly erroneous standard of review governs district courts factual findings based on state record documentary evidence and inferences from other facts C. holding it improper to deny cat relief based on adverse credibility finding where objective documentary evidence establishes likelihood of torture D. holding that parties inability to agree on which private high school child would attend constituted substantial change in circumstances warranting modification of parenting plan E. recognizing that petitions to modify a parenting plan are initially evaluated based only on documentary evidence

assistant: The best answer is E. recognizing that petitions to modify a parenting plan are initially evaluated based only on documentary evidence
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: protecting conscientious and thoughtful motorists from financial loss”); see also Putkamer v. Transamerica Ins. Corp. of Am., 454 Mich. 626, 563 N.W.2d 683, 686 (1997) (“The no-fault act is remedial in nature and is to be liberally construed in favor of the persons who are intended to benefit from it.”); 8D Apple-man on Insurance Law & Practice § 5171.55 (2003 Supp.) (“The terms [of no-fault and personal injury protection] are construed liberally to extend coverage broadly.”). Additionally, we note that the Texas Department of Insurance does not contend that the meaning of “motor vehicle accident” varies from one insurance provision to another and urges the Court to find PIP coverage in this case. See Liberty Mut. Ins. Co. v. Garrison Contractors, Inc., 966 S.W.2d 482, 485 (Tex.1998) (<HOLDING>). Third, Texas Farm Bureau insists that Options: A. recognizing this texas rule B. holding that claims are within the exclusive jurisdiction of the texas department of insurance because they concern the claims handling process C. recognizing that the texas department of insurances expertise in the insurance trade is unquestionable D. holding that where the entity was incorporated in texas and the shareholders reside in texas and the bankruptcy case is pending in texas texas law not arizona law should be applied E. recognizing the same rule in texas courts

assistant: The best answer is C. recognizing that the texas department of insurances expertise in the insurance trade is unquestionable
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 acknowledge that, in the course of performing your responsibilities under this Agreement, you will form relationships and become acquainted with Confidential Information. As an employee, you will have access to much of our Confidential Information. By way of example, our Confidential Information includes information about Diamond’s business, independent contractor relationships, contracts, client relationships, potential customers, existing customer names, phone numbers and addresses, Diamond manuals, sales techniques, registration cards, books, records, letters, forms, customer relationships, marketing information, business plans, financial data, bank information, forecasts, strategies, and information about (or acquired from) our business partners. We agree that the existence and negotiation of your employment agreement, and any non-public information exchanged in connection therewith, is confidential. Please note that this is not an exhaustive list of our Confidential Information, and you agree to consult with us in advance if there is any question regarding the confidential nature of any information. You agree to keep this information strictly confidential. You may not use or disclose any of it for any purpose other than as necessary for Diamond business. Furthermore, you agree that if you leave our employ you will continue to treat that information as confidential, and will return all documents and computer discs and files containing that information to us.

assistant: Confidentiality
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 is insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are customary in the businesses in which the Company is engaged, including, but not limited to, directors and officers insurance coverage. The Company has no reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.

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: of the number of officers present. Huether also has prior experience with law enforcement — he was arrested after being questioned by law enforcement in Montana. At a minimum, these factors sh cord here supports the district court’s decision declining to suppress the evidence. Moreover, the record shows Huether, without hesitation, answered the questions relating to the materials in his computer. B. Confrontation Clause Huether contends the district court erred in admitting testimony from Agent Erickson, which repeated the conclusions of a report prepared by those at NCMEC, and testimony from Agent Helderop concerning the hard drives’ and compact discs’ origin. Huether did not raise this issue in the district court; accordingly, we re , 129 S.Ct. 2527, 2532, 174 L.Ed.2d 314 (2009) (<HOLDING>). According to Huether, Agents Erickson’s and Options: A. holding that any confrontation right is found in the fourteenth amendments due process clause not the confrontation clause of the sixth amendment B. holding forensic laboratory experts statement that substance was cocaine is testimonial for sixth amendment confrontation clause purposes C. holding that the confrontation clause applies only to testimonial hearsay D. holding the confrontation clause applies only to testimonial statements E. holding that bureau of criminal apprehension bca laboratory report identifying a substance as cocaine was testimonial and implicated defendants right to confrontation

assistant: The best answer is B. holding forensic laboratory experts statement that substance was cocaine is testimonial for sixth amendment confrontation clause purposes
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 government challenges the court’s award of compound rather than simple interest. It is well settled that the determination whether to award simple or compound interest is a matter largely within the discretion of the trial court. RiteHite Corp. v. Kelley Co., 56 F.3d 1538, 1555, 35 USPQ2d 1065, 1077 (Fed.Cir.1995) (in banc); accord City of Milwaukee v. Cement Div. Nat’l Gypsum Co., — U.S.-,-, 115 S.Ct. 2091, 2096, 132 L.Ed.2d 148 (1995) (stating that the allowance of prejudgment interest “rests very much in the discretion of the tribunal which has to pass upon the subject, whether it be a court or a jury” (quoting The Scotland, 118 U.S. 507, 518-19, 6 S.Ct. 1174, 1175-76, 30 L.Ed. 153 (1886))); Dynamics Corp. v. United States, 766 F.2d 518, 520, 226 USPQ 622, 623 (Fed.Cir.1985) (<HOLDING>). The government has failed to establish that Options: A. recognizing general rule that prejudgment interest may be awarded in claims for liquidated amounts B. holding that prejudgment interest may inelude compound interest C. holding in patent litigation that district court did not abuse its discretion by awarding simple rather than compound prejudgment interest D. holding in adea action that district court did not abuse its discretion by awarding compound rather than simple prejudgment interest E. holding that award and rate of prejudgment interest are within trial courts discretion

assistant: The best answer is B. holding that prejudgment interest may inelude compound 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: The Company will, and will cause each Subsidiary to, maintain, with insurance companies that the Company believes (in the good faith judgment of the management of the Company) are financially sound and reputable (including captive insurance subsidiaries), insurance in such amounts (with no greater risk retention) and against such risks as is customarily maintained by companies of established repute engaged in the same or similar businesses operating in the same or similar locations.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The failure of, or delay by, a Party to insist upon strict performance of or to otherwise enforce any provision of this Agreement or to exercise any right arising out of this Agreement (including, without limitation, exercise of a right to terminate) will neither impair that provision or right nor constitute a waiver of that provision or right, in whole or in part, in that instance or in any other instance. To be effective, any waiver by a Party of a particular provision or right must be in writing, must be as to a particular matter and, if applicable, for a particular period of time and must be signed by such Party.

assistant: No 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: This contract will be governed by and construed by the laws of the State of Nevada, and the laws of the United States of America applicable therein any court of competent jurisdiction in the United States of America shall have jurisdiction to adjudicate any matter arising out of this Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: under N.C.G.S. § 1111(a)(2) when such grounds were not alleged in the petitions. Respondent contends the trial court erred in permitting petitioner to amend its petitions to conform to the evidence presented at the adjudication hearing to add N.C.G.S. § 1111(a)(2) as an alleged ground of termination. Petitioner’s response is that the trial court correctly allowed the petitions to be amended under Rule 15(b) of the North Carolina Rules of Civil Procedure. We disagree. This Court has held that the North Carolina Rules of Civil Procedure do “not provide parties in termination actions with procedural rights not explicitly granted by the juvenile code.” In re S.D.W. & H.E.W., 187 N.C. App. 416, 421, 653 S.E.2d 429, 432 (2007) (citing In re Jurga, 123 N.C. App. 91, 472 S.E.2d 223 (1996)) (<HOLDING>); In re Curtis v. Curtis, 104 N.C. App. 625, Options: A. recognizing that where the juvenile code sets forth specific procedures governing termination actions those procedures apply to the exclusion of the rules of civil procedure B. recognizing this substantial interest in context of termination of parental rights C. holding that parents could not execute a declaration of voluntary termination of parental rights because the juvenile code did not provide procedures for this type of unilateral declaration D. holding that foster parents have standing to intervene to seek termination of parental rights E. recognizing that the department is required to present clear and convincing evidence to support termination of a parents parental rights

assistant: The best answer is C. holding that parents could not execute a declaration of voluntary termination of parental rights because the juvenile code did not provide procedures for this type of unilateral declaration
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: Id. at 1284 (citing Shepard v. United States, 544 U.S. 13, 24-26,125 S.Ct. 1254,161 L.Ed.2d 205 (2005)). The Government does not dispute Washington’s assault statute is ambiguous, but we need not tarry long on this issue because Defendant made a factual concession as part of his state court plea demonstrating his prior conviction qualifies as a crime of violence. In the “Statement of Defendant on Plea of Guilty,” filed in Washington State court and later made part of the record before us, Defendant acknowledged the elements of the crime to which he was pleading guilty were as follows: “[I]n Mason County, on 6/12/01, [Defendant] did intentionally assault Cecelia Howland, and inflicted substantial bodily harm.” See United States v. Torres-Ruiz, 387 F.3d 1179, 1183 (10th Cir.2004) (<HOLDING>). These elements track most closely with Wash. Options: A. holding that apprehension by the use of deadly force is a seizure B. holding intent to use or threaten to use force is required under 2l12bla C. holding that 2241a1 requires actual use of force meaning use of such physical force as is sufficient to overcome restrain or injure a person D. holding that the decision of a police officer to preserve public safety and order through use of commands backed by threat of force or actual use of physical force is a matter of discretion E. holding that malicious or sadistic use of force with intent to harm violates the eighth amendment

assistant: The best answer is B. holding intent to use or threaten to use force is required under 2l12bla
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: duolingo and its suppliers make no representations or warranties of any kind with respect to the service , either express or implied , and all such representations and warranties , including warranties of merchantability , fitness for a particular purpose or non-infringement , are expressly disclaimed .

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: EACH PARTY HERETO HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS COLLATERAL AGREEMENT, ANY OTHER CREDIT DOCUMENT AND FOR ANY COUNTERCLAIM THEREIN.

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: you understand and agree that the company may change this eula at any time without prior notice ; provided that the company will endeavor to provide you with prior notice of any material changes that may apply to you , including through the posting of a revised eula that you may be required to accept in order to continue using the service .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Except for the specific representations and warranties contained in this Section 3 and in any certificate or agreement delivered pursuant hereto, none of the Company Parties has made, makes or shall be deemed to make any other express or implied representation or warranty with respect to the Company, this offering, the IPO or the Business Combination, and the Company Parties disclaim any such representation or warranty. Except for the specific representations and warranties expressly made by the Purchaser in Section 2 of this Agreement and in any certificate or agreement delivered pursuant hereto, the Company Parties specifically disclaim that they are relying upon any other representations or warranties that may have been made by the Purchaser Parties.

assistant: Warranties
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: 14, 1996 order denying attorney fees and awarding sanctions. Nu-Cape is not challenging the hours spent by Wendy’s council nor the hourly fee. Resolution of this dispute turns upon whether the order entered on March 14, 1996, awarding sanctions in the form of costs and attorney fees to the plaintiff, was a final and enforceable judgment, or whether the order became a judgment within the ambit of Rule 59(e) upon the resolution of the fee issue. Federal Rule of Civil Procedure 54(a) defines a “judgment” as “a decree and any order from which an appeal lies.” Entry of a judgment is final for purposes of appeal even if it leaves the amount of attorney fees to be awarded unresolved. U.S. for Use and Benefit of Familian Northwest, Inc. v. RG & B Contractors, Inc., 21 F.3d 952 (9th Cir. 1994) (<HOLDING>); Budinich v. Becton Dickinson & Co., 486 U.S. Options: A. holding that a decision on the merits is a final decision for purposes of filing an appeal pursuant to 28 usc 1291 whether or not there remains for adjudication a request for attorneys fees attributable to the case B. holding that a decision on the merits was a final decision when the recoverability or amount of attorney fees for the litigation remained to be determined regardless of whether such fees were sought under statute case law or contract C. holding that the party seeking contractual attorneys fees is entitled to a decision on the merits D. holding that court of appeals erred by rendering judgment for full amount of attorneys fees sought after reversing 0 fee award because jury awarded less in damages than amount sought and therefore uncontroverted attorney testimony on amount of attorneys fees did not establish amount of reasonable and necessary fees as a matter of law E. holding a summary judgment to be final although motion to assess attorney fees remained pending because award of attorney fees is collateral to judgment

assistant: The best answer is B. holding that a decision on the merits was a final decision when the recoverability or amount of attorney fees for the litigation remained to be determined regardless of whether such fees were sought under statute case law or contract
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 Loan Documents, and all other written agreements between Borrower and Bank, constitute the entire agreement of the parties and there are no other agreements, express or implied. The Loan Documents supersede any and all commitment letters or term sheets heretofore issued in connection with the Loan. None of the parties shall be bound by anything not expressed in writing, and neither the Loan Documents, nor any other agreement can be modified except by a writing executed by Borrower and by the Bank. The Loan Documents shall inure to the benefit of and shall be binding upon the parties hereto and their respective heirs, personal representatives, successors and assigns; provided, however, that the Borrower shall not assign or transfer its rights or obligations hereunder without prior written Bank Approval.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: from time to time , we or others on our behalf may offer trials of paid subscriptions for a specified period without payment or at a reduced rate ( a `` trial '' ) .

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: Employee recognizes and agrees that a violation of Employee’s obligations under this Section 3, or under Section 4, or subparts (a) or (d) of Section 5 may cause irreparable harm to the Company that would be difficult to quantify and that money damages may be inadequate. As such, Employee agrees that the Company shall have the right to seek injunctive relief (in addition to, and not in lieu of any other right or remedy that may be available to it) to prevent or restrain any such alleged violation without the necessity of posting a bond or other security and without the necessity of proving actual damages. However, the foregoing shall not prevent Employee from contesting the Company’s request for the issuance of any such injunction on the grounds that no violation or threatened violation of the aforementioned Sections has occurred and that the Company has not suffered irreparable harm. If a court of competent jurisdiction determines that Employee has violated the obligations of any covenant for a particular duration, then Employee agrees that such covenant will be extended by that duration.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Immediately after the consummation of the Transactions to occur on the Closing Date, the Borrower and its Subsidiaries, on a consolidated basis, are Solvent, in each case after giving effect to any rights of indemnification, contribution or subrogation arising among the Subsidiary Loan Parties pursuant to the Collateral Agreement or by law.

assistant: Solvency
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: 1, 1987, it replaced 18 U.S.C. § 3568. See United States v. Lucas, 898 F.2d 1554, 1554-55 & n. 1 (11th Cir.1990) (per curiam). Section 3568 had provided in pertinent part: The sentence of imprisonment of any person convicted of an offense shall commence to run from the date on which such person is received at the penitentiary, reformatory, or jail for service of such sentence. The Attorney General shall give any such person credit toward service of his sentence for any days spent in custody in connection with the offense or acts for which sentence was imposed. 18 U.S.C. § 3568 (repealed) (emphasis added). We had previously interpreted the “in custody” language of § 3568 as requiring actual incarceration. See Spinola v. United States, 941 F.2d 1528, 1529 (11th Cir.1991) (per curiam) (<HOLDING>). 2 . The judiciary retains the last word on Options: A. holding that time spent on a highly restricted appellate bond did not entitle a federal prisoner to sentencing credit B. holding time spent on electronic monitoring while on bail release does not constitute custody within meaning of sentencing credit statute C. holding that substantial attempts by surety may entitle it to remission of bond forfeiture D. holding that a defendant does not receive credit against the maximum revocation prison term for time previously spent on home detention E. holding that due process clause does not require a federal prisoner to receive credit for time spent on supervised release if release is revoked

assistant: The best answer is A. holding that time spent on a highly restricted appellate bond did not entitle a federal prisoner to sentencing credit
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: who “would be 64 or 65 when he got out of prison”; our court held, inter alia, “a defendant’s age is an improper basis for departure unless the defendant is ‘elderly and infirm’ at the time of sentencing”), cert. denied, 514 U.S. 1051, 115 S.Ct. 1431, 131 L.Ed.2d 312 (1995). Post -Booker, our court has not ruled on, in the light of § 5Hl.l’s policy statement, a district court’s focus on age in imposing a non-Guidelines (“reasonable”) sentence. Other circuits, however, have held such consideration not inappropriate. See, e.g., United States v. Davis, 458 F.3d 491, 498 (6th Cir.2006) (“[A] trial court ... has a freer hand to account for the defendant’s age in its sentencing calculus under § 3353(a) than it had before Booker”.); United States v. Smith, 445 F.3d 1, 5 (1st Cir.2006) (<HOLDING>). But see United States v. Lee, 454 F.3d 836, Options: A. holding that trial court did not err B. holding that comment on defendants silence was not reversible error because inter alia it did not have the effect of being probative on guilt or innocence C. holding inter alia that common law claims were preempted D. holding district court did not err inter alia by considering age because that a factor is discouraged or forbidden under the guidelines does not automatically make it irrelevant E. holding district court did not err by considering a contract central to the dispute without converting the motion to a motion for summary judgment

assistant: The best answer is D. holding district court did not err inter alia by considering age because that a factor is discouraged or forbidden under the guidelines does not automatically make it irrelevant
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: “battle of the forms.” Id. at 794. In the present case, McGill’s price quotation provided that its offer was subject to immediate acceptance by Frigidaire. It was sufficiently detailed and indicated that acceptance was all that was needed to ripen the offer into a contract. The open terms that prevented the price quotation from being a valid offer in Litton, 15 F.3d at 795, are not present in this case. Because McGill manifested a “clear, definite and explicit” offer of sale, the price quotation qualifies as a valid offer. See id. (citing A. Belanger & Sons, Inc. v. United States ex rel. National United States Radiator Corp., 275 F.2d 372 (1st Cir.1960)); Lejkowitz, 86 N.W.2d at 691; cf. Brown Machine, Division of John Brown, Inc. v. Hercules, Inc., 170 S.W.2d 416, 419 (Mo.Ct.App.1989) (<HOLDING>). Frigidaire accepted McGill’s offer of sale Options: A. holding that an offer to donate cannot be an offer to sell B. holding that a price quotation can amount to an offer creating the power of acceptance if it appears from the price quote that assent to the quote is all that is needed to ripen the offer into a contract C. holding that speaking to potential customers to determine an appropriate price does not constitute an offer for sale D. holding that the measure of damages for the breach of a contract of sale where no fraud is shown is the difference between the contract price and the market price of the goods on the date of the breach E. holding that a valid contract requires acceptance of an offer

assistant: The best answer is B. holding that a price quotation can amount to an offer creating the power of acceptance if it appears from the price quote that assent to the quote is all that is needed to ripen the offer into a contract
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: Interest is payable monthly on the Payment Date of each month and shall be computed on the basis of a 360-day year for the actual number of days elapsed. In computing interest, (i) all payments received after 12:00 p.m. Eastern time on any day shall be deemed received at the opening of business on the next Business Day, and (ii) the date of the making of any Credit Extension shall be included and the date of payment shall be excluded; provided, however, that if any Credit Extension is repaid on the same day on which it is made, such day shall be included in computing interest on such Credit Extension.

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: timely. She claims that equitable tolling applies because of the Debtor’s fraud and concealment of the facts that form the basis of the Trustee’s cause of action. The Debtor contends that as a matter of law equitable tolling does not apply to extend the time period in § 727(e)(1). The doctrine of equitable tolling was defined by the Supreme Court in Holmberg v. Armbrecht, 327 U.S. 392, 66 S.Ct. 582, 90 L.Ed. 743 (1946), as follows: [T]his Court long ago adopted as its own the old chancery rule that where a plaintiff has been injured by fraud and “remains in ignorance of it without any fault or want of diligence or care on his part, the bar of the statute does not begin to run until the fraud is discovered, though there be no special circumstances os), 24 B.R. 688 (Bankr.D.R.I.1982) (<HOLDING>); In re Schneider, 37 B.R. 115, 119 Options: A. holding that the 120day filing period is subject to equitable tolling and addressing circumstances warranting equitable tolling B. holding 727d1 complaint was untimely and noting the one year period for filing runs from discharge rather than discovery of the fraud but not addressing expressly equitable tolling C. recognizing that equitable tolling doctrines may toll the time period for filing D. holding that plaintiffs lack of knowledge of the bankruptcy case doesnt affect the deadline in 727e1 for filing a 727d1 complaint but not expressly discussing equitable tolling E. holding that oneyear period runs from the discovery of the transfer

assistant: The best answer is B. holding 727d1 complaint was untimely and noting the one year period for filing runs from discharge rather than discovery of the fraud but not addressing expressly equitable tolling