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: and uncle and the children had stability for the first time in their lives. Id. at 218-14. Additionally, Angie Deeds, the children's therapist, testified that she believed it would be harmful to the children to continue the parent-child relationship. Id. at 118. Deeds testified that the children had been doing better since having more stability in their lives and would continue to improve with stability. Id. In sum, these recommendations by the caseworker and the therapist coupled with the evidence of Wedding's extensive drug use, her failure to complete court-ordered services, and testimony that the children were thriving in their current home is sufficient to support a finding that termination of parental rights is in the children's best interest. See Im re A.J., 881 N.E.2d at 718-19 (<HOLDING>). Thus, we conclude that the trial court Options: A. holding that evidence of the fathers conduct in stabbing the childrens mother alleged to endanger the childrens physical and emotional wellbeing is pertinent to and entwined in the issue of the childrens best interest B. holding that the recommendations of the childrens caseworker and guardian ad litem coupled with evidence of the mothers extensive drug history her incompletion of courtordered services and testimony that the children were happy and doing well in their foster homes were sufficient for the trial court to determine that termination of parental rights was in the childrens best interest C. recognizing that upon request a district court may remove the guardian ad litem andor appoint another guardian ad litem to protect the childrens interests D. holding that the governments interest in the welfare of children embraces not only protecting children from physical abuse but also protecting childrens interest in the privacy and dignity of their homes and in the lawfully exercised authority of their parents E. holding that though the mother admitted that there were grounds to support termination of her parental rights the benefits of allowing the mothers relationship with her teenage daughter to continue were too palpable and the benefits of severing it too speculative for us to agree that the state had shown by clear and convineing evidence that termination was in the best interest of the child

assistant: The best answer is B. holding that the recommendations of the childrens caseworker and guardian ad litem coupled with evidence of the mothers extensive drug history her incompletion of courtordered services and testimony that the children were happy and doing well in their foster homes were sufficient for the trial court to determine that termination of parental rights was in the childrens best 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 case excerpt and choose the best holding from the options. Case excerpt: as applied to him. The district court rejected both of these arguments. Thereafter, Defendant entered an unconditional guilty plea to the § 922(g)(5) violation and the district court sentenced him to six months’ imprisonment (time served) followed by a three-year term of supervised release. Defendant now appeals, renewing his facial challenge to § 922(g)(5). The government argues in response that Defendant waived this argument by his unconditional guilty plea and, in any event, that § 922(g)(5) is constitutional. “We have not yet squarely addressed whether a facial challenge to the constitutionality of a statute survives a guilty plea.” United States v. Rickett, 585 Fed.Appx. 668, 671 (10th Cir.2018) (unpublished). But cf. United States v. De Vaughn, 694 F.3d 1141, 1154 (10th Cir.2012) (<HOLDING>). Indeed, our sister circuits have split on the Options: A. holding that the alc may not rule upon a facial challenge to the constitutionality of a regulation or statute but may rule upon an asapplied challenge B. recognizing that categorical constitutional challenge was fundamentally similar to asapplied constitutional challenge initially raised on appeal C. holding in the context of an asapplied challenge that when a defendant admits guilt of a substantive crime he cannot reverse course on appeal and claim the criminal statute is unconstitutional D. holding that court can exercise equity jurisdiction over taxpayers challenge that property assessment system is unconstitutional facially or asapplied E. holding the crime of conspiracy is committed or not before the substantive crime begins

assistant: The best answer is C. holding in the context of an asapplied challenge that when a defendant admits guilt of a substantive crime he cannot reverse course on appeal and claim the criminal statute is unconstitutional
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: THIS AGREEMENT AND THE RIGHTS AND OBLIGATIONS OF THE PARTIES HERETO SHALL BE GOVERNED BY, AND CONSTRUED AND INTERPRETED IN ACCORDANCE WITH, THE LAW OF THE STATE OF NEW YORK (INCLUDING SECTION 5-1401 OF THE GENERAL OBLIGATIONS LAWS BUT OTHERWISE WITHOUT REGARD TO CONFLICTS OR CHOICE OF LAW PRINCIPLES).

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: appeals the district court’s order accepting the recommendation of the magistrate judge to dismiss, without prejudice, his motion for a sentence reduction as an improperly filed 28 U.S.C. § 2255 (2000) motion. The district court dismissed the action without prejudice to petitioner filing a corrected motion on the proper § 2255 forms. See United States v. Billingsley, No. CA-04-445 (E.D.N.C. Oct. 1, 2004). Instead of heeding the court’s advice, Billingsley appealed. Because the dismissal order is without prejudice, and Billingsley may file an amended complaint in the district court by submitting it on the proper forms, we conclude that this order is interlocutory and thus, not appealable. Domino Sugar Corp. v. Sugar Workers Local Union 392, 10 F.3d 1064, 1066-67 (4th Cir.1993) (<HOLDING>) (inter nal quotation marks and citation Options: A. holding that an order dismissing a complaint without prejudice is a final appealable order only if no amendment to the complaint could cure the defects in the case internal quotation marks omitted B. holding that a plaintiffs voluntary dismissal of his claims with prejudice constituted a final order that was appealable C. holding that a dismissal without prejudice is a final order only if no amendment to the complaint could cure the defects in the plaintiffs case D. holding borough could not appeal dismissal of complaint without prejudice because dismissal without prejudice is comparable to a nonsuit under the former practice of lavf E. holding that dismissal without prejudice is final appealable order where no amendment to complaint could cure deficiencies identified by district court

assistant: The best answer is C. holding that a dismissal without prejudice is a final order only if no amendment to the complaint could cure the defects in the plaintiffs case
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 his conduct, he is aware that it is practically certain that his conduct will cause such a result. Model Penal Code § 2.02(2)(b) (2001). This interpretation is also consistent with interpretations of similar statutes. Delaware, Missouri, and New York appear to be the only states with child-endangerment statutes that employ the “knowingly acts” language. The courts of these states have interpreted the statutes as requiring the prosecution to prove that the defendant at least knew the facts and circumstances that created the risk. See State v. Lynch, No. 9911009756, 2000 WL 33115707, at *3 (Del.Super.Ct. Oct. 13, 2000) (unpublished opinion) (stating that the State must show that defendant “knowingly endangered” the child’s welfare); State v. Mullins, 140 S.W.3d 64, 72 (Mo.Ct.App.2004) (<HOLDING>); People v. Pelt, 157 Misc.2d 90, 596 N.Y.S.2d Options: A. holding that under missouris statute the prosecution must prove that the defendant knew her acts put the child in a position of substantial risk B. holding that the government did not have to prove that the defendant knew that his acts violated the clean water act but merely that he was aware of the conduct that resulted in the permits violation C. holding that the government must prove the defendant knew of the features of the firearm that brought it within the scope of the act D. holding that under iowa code 7098 the offense of lascivious acts with a child was a crime of violence because it involved a substantial risk that physical force would be used against the child victim in the course of committing the offense E. holding that when an indictment charges several acts conjunctively under a statute which subjects several alternative acts to the same punishment the government need only prove violation of one of the alleged acts to prove violation of the statute

assistant: The best answer is A. holding that under missouris statute the prosecution must prove that the defendant knew her acts put the child in a position of substantial risk
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: to start such a process could also subject the Company to liability, especially where WWL seems to have been seeking to determine whether its obligations to Marks included not only an approval of a technician—as he had requested—but also a covering of the cost of such repairs. Under such a rule, moreover, an employer would apparently be able to avoid liability only by immediately approving every disability-accommodation request that it received, even where there was no reason to believe harm might follow from a brief delay. Defendant, moreover, had no reason to believe that Marks would suffer any imminent harm from a brief negotiation period over the scope of his needed accommodations. Accord Ungerleider v. Fleet Mortg. Grp. of Fleet Bank, 329 F.Supp.2d 343, 355 (D. Conn. 2004) (<HOLDING>). This was similarly not a situation where a Options: A. holding that the disabled individual bears the initial burden of proposing an accommodation and showing that that accommodation is objectively reasonable and that the defendant was entitled to prevail because the plaintiffs proposed accommodation of remaining on unpaid medical leave until another customer service or receptionist position opened up was not a reasonable accommodation under the ada B. holding that a person must request a reasonable accommodation before he has been terminated he cannot wait until he is terminated and then months later request reinstatement and demand a reasonable accommodation C. holding that teachers request for four months leave was not a reasonable accommodation D. holding failure to immediately approve request for accommodation even for employee with known disability did not constitute denial of reasonable accommodation where employer was working on solution over several months E. holding that an employer is not liable where it takes reasonable steps to provide an accommodation and the employee is responsible for a breakdown in the process of identifying a reasonable accommodation

assistant: The best answer is D. holding failure to immediately approve request for accommodation even for employee with known disability did not constitute denial of reasonable accommodation where employer was working on solution over several months
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: because the outcome would have been different absent counsel’s deficient performance.” Kissick, 69 F.3d at 1055. We adopted the Seventh and Fifth Circuits’ conclusions that a defendant must not only allege prejudice of being erroneously sentenced under a higher guideline, but must also demonstrate that the error produced “a large” or “significant” effect on the sentence. See id. at 1055-56 (citing Durrive v. United States, 4 F.3d 548, 551 (7th Cir.1993) (relying on Lockhart to conclude that attorney error must produce a “large effect on the sentence” and holding that minimum twelve-month reduction was insufficient to establish prejudice), abrogated by Glover v. United States, 531 U.S. 198, 121 S.Ct. 696, 148 L.Ed.2d 604 (2001); and Spriggs v. Collins, 993 F.2d 85, 88 (5th Cir.1993) (<HOLDING>), abrogated by Glover v. United States, 531 Options: A. holding that in order to show prejudice defendant must demonstrate that there is a reasonable probability that but for counsels unprofessional errors the result of the proceeding would have been different B. holding that to show prejudice in a claim of ineffective assistance of appellate counsel the petitioner must show a reasonable probability that but for counsels errors the result of the proceeding would have been different C. holding that defendant must show reasonable probability that but for counsels errors the sentence would have been significantly less harsh D. holding that to establish prejudice there must be a reasonable probability that but for counsels unprofessional errors the result of the proceeding would have been different E. holding that to succeed on an ineffective assistance claim a defendant must show that there is a reasonable probability that but for counsels unprofessional errors the result of the proceeding would have been different

assistant: The best answer is C. holding that defendant must show reasonable probability that but for counsels errors the sentence would have been significantly less harsh
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: your notification of claimed infringement may be shared by the company with the user alleged to have infringed a right you own or control , and you hereby consent to the company making such disclosure .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement and the obligations of the Parties hereunder shall be governed by and construed and enforced in accordance with the substantive and procedural laws of the State of Delaware, without regard to rules on choice of 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: Any action or proceeding arising out of or relating to this Agreement or any transaction contemplated hereby may be brought in any state or federal court sitting in the State of New York, and each of the parties irrevocably submits to the exclusive jurisdiction of each such court in any such action or proceeding, waives any objection it may now or hereafter have to venue or to convenience of forum, agrees that all claims in respect of the action or proceeding shall be heard and determined only in any such court and agrees not to bring any action or proceeding arising out of or relating to this Agreement or any transaction contemplated hereby in any other court. The parties agree that any party may file a copy of this paragraph with any court as written evidence of the knowing, voluntary and bargained-for agreement among the parties irrevocably to waive any objections to venue or to convenience of forum. Process in any action or proceeding referred to in the first sentence of this Section 4.2 may be served on any party anywhere in the world. To the extent that service of process by mail is permitted by law, each party irrevocably consents to the service of process in any such litigation in such courts by the mailing of such process by registered or certified mail, postage prepaid, to such party at its address for notices provided herein.

assistant: Jurisdictions
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: to Truth in Lending the position of the appellee is even less tenable since § 130 of the Act, 15 U.S.C. § 1640(a), now permits a party to recover both actual damages and an amount equal to twice the finance charge. It is difficult to see how the latter amount could be anything but a statutory penalty. Id. at 732. Contrary to plaintiff’s assertion, this language does not control the case before us. The issue in Newton was whether a debt that had been extinguished in bankruptcy could be asserted by the lender as a counterclaim in a subsequent TILA suit brought by the debtor. In holding that it could not, we declined to distinguish the “statutory penalty” imposed by the TILA from the penalty at issue in McCollum v. Hamilton National Bank, 303 U.S. 245, 58 S.Ct. 568, 82 L.Ed. 819 (1938) (<HOLDING>). It is crucial to observe, however, that our Options: A. holding that plaintiff could not recover medical bills that were discharged in bankruptcy B. holding that court sitting in bankruptcy may allow a taxpayer to use overpayment of taxes as offset of debt to the irs but only if that offset request is timely C. holding that a debt discharged in bankruptcy could not be used to offset a statutorily imposed penalty against a national bank for changing usurious interest D. holding successor national bank liable for punitive damages judgment against bank that merged into successor national bank E. holding that a bail bond surety debt was not an allowable debt in bankruptcy because it is a penalty

assistant: The best answer is C. holding that a debt discharged in bankruptcy could not be used to offset a statutorily imposed penalty against a national bank for changing usurious 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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: 6.4 user submissions please exercise respect when participating in any features of the skype websites or software such as forums , blogs , email functions , video hosting , sharing and/or publishing or any other function on the skype websites or of the skype software which allows you to post , upload , edit , host , share and/or publish content .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: exceptions to the FTCA. Id; see 28 U.S.C. § 2680(h) (describing a “law enforcement officer” as “any officer of the United States who is empowered by law to execute searches, to seize evidence, or to make arrests for violations of Federal law.”). The U.S. Supreme Court has specifically held that intentional misconduct by BOP officers gives rise to a cause of action under § 2680(h). Carlson v. Green, 446 U.S. 14, 20, 100 S.Ct. 1468, 64 L.Ed.2d 15 (1980). Because the phrase “law enforcement officer” appears in neighboring subsections (c) and (h), the phrase should be construed similarly in cases arising under both exceptions. See U.S. West Comm. v. Hamilton, 224 F.3d 1049, 1053 (9th Cir.2000) (citing Erlenbaugh v. United States, 409 U.S. 239, 244, 93 S.Ct. 477, 34 L.Ed.2d 446 (1972) (<HOLDING>)). We are also persuaded by the fact that BOP Options: A. holding that the words and provisions of a statute must be construed in a harmonious way B. holding that there is no reason why the words in one section in a code should have any different meaning ascribed to them than nearly identical words appearing in other sections of the same code id at 288 C. holding that two statutes relating to the same subject matter could be given simultaneous effect without conflict and in pari materia D. holding that words in different sections of the same statute should be similarly construed under the canon of in pari materia E. recognizing that the doctrine of in pari materia requires that statutes relating to the same subject be construed together to harmonize the statutes and give effect to legislative intent

assistant: The best answer is D. holding that words in different sections of the same statute should be similarly construed under the canon of in pari materia
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: custody and control over another. Estate of Brennan v. Church of Scientology Flag Serv. Org., 832 F.Supp.2d 1370, 1377-78 (M.D.Fla.2011). For example, aduty to prevent suicide exists where a patient is committed to a psychological institution, Kelley, 68 So.3d at 957, or where a child is under the supervision of a school, see Wyke v. Polk Cnty. Sch. Bd., 129 F.3d 560, 571 (11th Cir.1997). Alternatively, some Florida courts have determined that professionals, such' as psychiatrists, have a duty to treat patients in accordance with professional standards and may be liable if negligent care'results in a patient’s suicide. See Granicz v. Chirillo, 147 So.3d 544, 548-49 (Fla. 2d DCA); review granted, 168 So.3d 224 (Fla.2014). But see Lawlor v. Orlando, 795 So.2d 147, 148 (Fla. 1st DCA 2001) (<HOLDING>). A legal duty requires more than just Options: A. holding that counselors had no duty to prevent suicides of noncustodial clients B. holding that a psychiatrist had no duty to detain a patient who killed himself and injured his wife because the patient was outside of the scope of the facilitys range of observation and control even when the psychiatrist agreed to treat the patient the patient had suicidal tendencies and the psychologist took the patient into custody but then later permitted him to leave C. holding the issue of negligence was properly submitted to the jury and its finding of negligence was a reasonable inference because decedent had known suicidal tendencies and committed suicide while a patient at a psychiatric hospital D. holding doc and its personnel had independent legal duty to prevent prisoner from committing suicide E. holding a psychotherapist had no duty for the suicide of a patient in a noncustodial setting

assistant: The best answer is E. holding a psychotherapist had no duty for the suicide of a patient in a noncustodial setting
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 occurrence of an Event of Default, the interest on this Note shall immediately accrue at the Default Rate, and, in addition to all other rights or remedies the Holder may have, at law or in equity, the Holder may, in its sole discretion, accelerate full repayment of all principal amounts outstanding hereunder, together with accrued interest thereon, together with all other fees, charges and amounts due under any Loan Documents, together with all reasonable attorneys’ fees, paralegals’ fees and costs and expenses incurred by the Holder in collecting or enforcing payment hereof (whether such fees, costs or expenses are incurred in negotiations, all trial and appellate levels, administrative proceedings, bankruptcy proceedings or otherwise), and together with all other Obligations due by the Borrower hereunder and under the Loan Documents, and all such amounts shall thereafter accrue interest at the Default Rate, all without any relief whatsoever from any valuation or appraisement laws, and payment thereof may be enforced and recovered in whole or in part at any time by one or more of the remedies provided to the Holder at law, in equity, or under this Note or any of the other Loan Documents. In connection with the Holder’s rights hereunder upon an Event of Default, the Holder need not provide, and the Borrower hereby waives, any presentment, demand, protest or other notice of any kind, and the Holder may immediately enforce any and all of its rights and remedies hereunder and all other remedies available to it in equity or under applicable law.

assistant: Remedies
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: F.3d 310, 320 (3d Cir.2001), overruled on other grounds by Carey v. Saffold, 536 U.S. 214, 122 S.Ct. 2134, 153 L.Ed.2d 260 (2002) (mental incompetence may warrant equitable tolling where alleged mental incompetence has affected petitioner’s ability to timely file); State v. Nix, 40 S.W.3d 459 (Tenn.2001) (due process requires tolling of PCR statute of limitations only if petitioner is unable to manage his affairs or understand his legal rights and liabilities); Seals v. Tennessee, 23 S.W.3d 272, 277 (Tenn.2000) (due process considerations may toll statute of limitations if mentally incompetent petitioner was denied the opportunity to bring a claim in a “meaningful time and manner”). But see Allen v. State, — So.2d - (Miss.App.2008), citing House v. State, 754 So.2d 1147 (Miss. 1999) (<HOLDING>). Although we have not specifically addressed Options: A. holding there is no authority to toll statute of limitations based on mental incompetence B. holding petition for writ of mandate seeking return of property does not toll the statute of limitations C. holding that duress toll to statute of limitations under state law had no application to federal rico statute of limitations D. holding that under the law of the district of columbia the filing of a complaint does not toll the statute of limitations on a counterclaim E. holding that the concealment of ones identity does not toll the running of the statute of limitations

assistant: The best answer is A. holding there is no authority to toll statute of limitations based on mental incompetence
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: United States v. Sharp, 778 F.2d 1182, 1187 (6th Cir.1985). Further, “[m]ere conjecture or supposition about the possible relevancy of the informant’s testimony is insufficient to warrant disclosure.” Roviaro, 353 U.S. at 62, 77 S.Ct. 623 (citation omitted). A defendant must provide some evidence that disclosure of the informant’s identity would assist in his defense before disclosure will be warranted. Id.; see also, e.g., Moore, 954 F.2d at 381 (affirming district court’s refusal to compel disclosure of informant where defendant “advanced no more than a simple statement that [informant’s] testimony might assist in his defense,” stating that “[a]n informant must be disclosed only upon a showing by the defendant that disclosure is essential to a fair trial”); Sharp, 778 F.2d at 1187 (<HOLDING>). The district court was within its discretion Options: A. holding a trial court did not abuse its discretion by failing to require disclosure of an informants name B. holding that the disclosure is a public disclosure within the meaning of the fca if the the prior public disclosure contained enough information to enable the government to pursue an investigation against the defendant C. holding that the trial court did not abuse its discretion in ordering a new trial based on a 250000 award for a mental distress claim D. holding that the trial court abused its discretion in ordering temporary alimony that exceeded the husbands ability to pay E. holding that trial court abused its discretion in ordering disclosure of informants identity based solely on defense counsels unsworn representations that disclosure would be relevant and helpful to his defense

assistant: The best answer is E. holding that trial court abused its discretion in ordering disclosure of informants identity based solely on defense counsels unsworn representations that disclosure would be relevant and helpful to his defense
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 addition , you agree to pay , if requested by the host , for each twenty-four ( 24 ) hour period ( or any portion thereof ) that you overstay , an additional nightly fee of up to two ( 2 ) times the average nightly listing fee originally paid by you to cover the inconvenience suffered by the host , plus all applicable guest fees , taxes , and any legal expenses incurred by the host to make you leave ( collectively , `` overstay fees '' ) .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall become effective on the date (“ Effective Date ”) of receipt by Hawaii Electric Light of the Commission’s final or interim Commission Approval Order, and Hawaii Electric Light will provide Chevron with written notice of the same within five (5) business days from receipt by Hawaii Electric Light . Alternatively, the Parties may agree in writing that some other date shall be deemed the Effective Date. Neither Party shall have any binding obligations under this Agreement until the Effective Date, except that the Parties agree that upon full execution of this Agreement they will be bound by Section 2.2 (Regulatory Approval), Section 12.1 (Force Majeure), Section 13.1 (Compliance with Laws and Regulations), Section 15.1 (Indemnity) and all provisions of Article XVII and Article XVIII .

assistant: Effective Dates
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: U.S. Courts Ann. Rep. 23, available at http://www.uscourts.gov/li-brary/dirrpt02/2002.pdf. 3 . The United States Supreme Court has not yet recognized a constitutional right to a court-appointed interpreter, but it has noted that the use of an interpreter is within the discretion of a trial court. Perovich v. United States, 205 U.S. 86, 91, 27 S.Ct. 456, 51 L.Ed. 722 (1907). The Supreme Court has also commented on language and the Constitution in other contexts. For example, the Supreme Court has stated that "the individual has certain fundamental rights which must be respected. The protection of the Constitution extends to all, to those who speak other languages as well as to those bom with English on the tongue.” Meyer v. Nebraska, 262 U.S. 390, 401, 43 S.Ct. 625, 67 L.Ed. 1042 (1923) (<HOLDING>); see also Farrington v. Tokushige, 273 U.S. Options: A. holding under texas version of the recognition act that public policy exception is not triggered simply because the body of foreign law upon which the judgment is based is different from the law of the forum or because the foreign law is more favorable to the judgment creditor than the law of the forum B. holding unconstitutional a state law which restricted the teaching of foreign languages C. holding pennsylvania foreign attachment procedures unconstitutional D. holding state buy american statute unconstitutional because it interfered with federal foreign affairs power emphasizing its effect on foreign commerce E. holding that ordinance restricting use of foreign languages on business signs overtly discriminates on the basis of national origin

assistant: The best answer is B. holding unconstitutional a state law which restricted the teaching of foreign languages
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 New York State Society of Certified Public Accountants v. Eric Louis Assoc., Inc., 79 F.Supp.2d. 331, 342 (S.D.N.Y.1999), the courts considered whether a defendant’s use of a plaintiffs trademark as metatags in its website constitutes trademark infringement. Only a handful of courts have addressed this issue. Most of those courts hold that such use is “use in commerce” and violates the Lanham Act if such use also causes customer confusion or initial interest confusion and is not a “fair use” of the plaintiffs mark. See, e.g., id.; Brookfield, 174 F.3d at 1064-65 (concluding that use of metatags constitutes “use in commerce” and violates trademark laws because it created “initial interest confusion”); Niton Corp. v. Radiation Monitoring Devices, Inc., 27 F.Supp.2d 102 (D.Mass.1998)(<HOLDING>); Trans Union L.L.C. v. Credit Research, Inc., Options: A. holding that the defendants reference to the plaintiffs trademark in the metatags of the defendants web page was a violation of trademark law B. holding that direct copying of plaintiffs metatags and html code constituted trademark infringement C. holding that the continued use of licensed trademark after termination of franchise agreement constituted trademark infringement and breach of contract D. holding that contributory trademark infringement requires some predicate act of infringement E. holding that although the underlying action is one for trademark infringement the infringement occurred as a result of the underlying defendants use of the trademark in their advertising

assistant: The best answer is B. holding that direct copying of plaintiffs metatags and html code constituted trademark infringement
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Unless otherwise stated in this First Amendment, (a) terms defined in the Existing Agreement have the same meanings when used in this First Amendment, and (b) references to “ Sections ” are to the sections of the Existing Agreement.

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 legal provision and list the applicable contract clause categories. Provision: All communications hereunder shall be in writing and, if sent to the Initial Purchasers, shall be mailed or delivered to Deutsche Bank Securities Inc., 60 Wall Street, New York, New York 10005, Attention: Leveraged Debt Capital Markets, Second Floor (fax: (212) 797-4877), with a copy to the attention of the General Counsel, 36th Floor (fax: (212) 797-4561), with a copy to Cahill Gordon & Reindel LLP , 80 Pine Street, New York, New York 10005, Attention: John A. Tripodoro; and if sent to the Company, shall be mailed or delivered to the Company at 4646 East Van Buren, Suite 400, Phoenix, Arizona 85008, Attention: Christopher J. Miner; with a copy to DLA Piper LLP (US), 2525 East Camelback Road, Suite 1000, Phoenix, Arizona, Attention: Gregory R. Hall.

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: Nurse v. United States, 226 F.3d 996, 1002 (9th Cir.2000) (“In general, governmental conduct cannot be discretionary if it violates a legal mandate.”)); see also U.S. Fid. & Guar. Co. v. United States, 837 F.2d 116, 120 (3d Cir.1988) (stating that “conduct cannot be discretionary if it violates the Constitution, a statute, or an applicable regulation” because federal officials “do not possess discretion to violate constitutional rights or federal statutes”). Because Defendants did violate the Constitution, and did so in a manner that renders Signorello and Segura unable to avail themselves of the qualified immunity defense, the discretionary function exception to Nevada’s waiver of sovereign immunity will not shield them from state liability. Nurse, 226 F.3d at 1002 n. 2 (9th Cir.2000) (<HOLDING>). Accordingly, the Court turns to analyze each Options: A. holding federal tort claims act discretionary function exception does not apply if prison personnel violate a mandatory regulation B. holding that the government cannot waive or forfeit an argument that the discretionary function exception to the federal tort claims act ftca should apply C. holding that the discretionary function exception may apply in the absence of a conscious decision D. recognizing a discretionary function exception to that waiver E. holding that the constitution can limit the discretion of federal officials such that the ftcas discretionary function exception will not apply

assistant: The best answer is E. holding that the constitution can limit the discretion of federal officials such that the ftcas discretionary function exception will not apply
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 an adversary proceeding before the trier of fact.” Lilly v. Virginia, 527 U.S. 116, 123-24, 119 S.Ct. 1887, 1894, 144 L.Ed.2d 117, 126 (1999) (citations omitted}. When the declarant is unavailable, the proponent of such hearsay must show certain “indicia of reliability” before the statement may be admitted as evidence. [¶ 37.] There are two methods of satisfying this reliability threshold. First, “ ‘indicia of reliability’ [are] inferred when ‘the evidence falls within a firmly rooted hearsay exception.’ ” Frazier, 2001 SD 19 at ¶27, 622 N.W.2d at 257 (quoting Idaho v. Wright, 497 U.S. 805, 815, 110 S.Ct. 3139, 3146, 111 L.Ed.2d 638, 652 (1990)). Second, the evidence may be admissible with a “showing of particularized guarantees of trustworthiness.” Id. (quot 0, 704-05 (2000) (<HOLDING>). Third, the court appropriately instructed the Options: A. holding victims statements to coworkers admissible to rebut defendants claim that they had a good marriage B. holding that statements made during a compulsory psychological examination are admissible to rebut a defendants diminished capacity defense C. holding statements admissible to rebut defendants claims of selfdefense suicide or accidental death D. holding victims statements admissible under state of mind exception to rebut defendants claim of accident andor suicide E. holding that defendants statements not admissible once he had invoked right to counsel without proof of waiver

assistant: The best answer is A. holding victims statements to coworkers admissible to rebut defendants claim that they had a good marriage
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 a check or draft when person who executed and delivered the check possessed fraudulent intent in not paying the holder the full amount within 30 days); Tenn.Code Ann. § 48-101-520(b)(l) (1995) (court may award treble damages if defendant's use of an unfair, false or misleading solicitation of charitable funds was willful or knowing); Tenn.Code Ann. § 62-37-105(e) (1990) (one who engages in the construction or home improvement business without a license may be subject to treble damages). 8 . Some courts have interpreted a statute declaring itself to be a non-exclusive remedy to entitle plaintiffs to recover both treble damages under the statute and punitive damages pursuant to a common law claim in a single action. See, e.g. Rhue v. Dawson, 173 Ariz. 220, 841 P.2d 215, 228 (1992) (<HOLDING>); Toyota of Florence v. Lynch, 314 S.C. 257, Options: A. holding that treble damages awarded under the civil theft statute are remedial not punitive B. holding tcpa is remedial statute and that statutory damages are not punitive damages C. holding treble damages under the civil theft statute are punitive D. holding that a plaintiff may receive both treble damages under rico and state law punitive damages for the same course of conduct E. holding that plaintiff could recover both treble damages under state racketeering statute and punitive damages under fraud and breach of fiduciary duty claims because the statute provided that actions brought under it are remedial and not punitive and that civil remedies provided under it are supplemental and not mutually exclusive

assistant: The best answer is E. holding that plaintiff could recover both treble damages under state racketeering statute and punitive damages under fraud and breach of fiduciary duty claims because the statute provided that actions brought under it are remedial and not punitive and that civil remedies provided under it are supplemental and not mutually exclusive
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: No provision of this Agreement may be modified, waived or discharged unless such waiver, modification or discharge is agreed to in writing and signed by the Executive and the President of the Company or his designee. No waiver by either party hereto at any time of any breach by the other party hereto of, or of any lack of compliance with, any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time. The validity, interpretation, construction and performance of this Agreement shall be governed by the laws of Connecticut without regard to its conflicts of law principles. Any payments provided for hereunder shall be paid net of any applicable withholding required under federal, state or local law and any additional withholding to which the Executive has agreed. The obligations of the Company and the Executive under this Agreement which by their nature may require either partial or total performance after its expiration shall survive any such expiration.

assistant: Miscellaneous
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, including the agreements referred to herein (which are deemed incorporated by reference herein) constitute the entire and only agreement and understanding between the patties governing the terms and conditions of employment of the Executive with the Company and this Agreement supersedes and cancels any and all previous contracts, arrangements or understandings with governing the terms and conditions of the Executive's employment by the Company. In the event of any conflict between the terms of any other agreement between the Executive and the Company entered into prior to the Effective Date, the terms of this Agreement shall control.

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 legal provision and list the applicable contract clause categories. Provision: This Agreement constitutes the full, complete and entire understanding, agreement, and arrangement of and between the Parties with respect to the subject matter hereof and supersedes any and all prior oral and written understandings, agreements and arrangements between them. There are no other agreements, covenants, promises or arrangements between the Parties other than those set forth in this Agreement (including the attachments hereto).

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 legal provision and list the applicable contract clause categories. Provision: The Agent has received evidence that all costs, fees and expenses due to the Agent and the Lenders on or before the Amendment Closing Date shall have been paid, in each case to the extent invoiced or otherwise notified to the Borrower in writing.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: In Manuel, supra, the Fifth Circuit Court of Options: A. holding that a purchasemoney security interest did not lose its character as such for purposes of lien avoidance when debtor and creditor effected a novation of the loan agreement B. holding that consideration for guaranty of loan previously made was that guarantors friend the bank manager who issued the loan would not lose his job for making a bad loan C. holding that the creditor did not satisfy the foregoing requirement because it was trying to exercise the avoidance power for itself as a sole creditor not for the benefit of the debtors estate or the creditors as a whole D. holding that where a security agreement contained collateral other than collateral for which creditor advanced funds to debtor since it secured antecedent debts as well as new debt and the agreement provided that the security interest secured payment and performance of the debtors present and future debts to the creditor the creditor did not have a pmsi and the debtors could avoid the creditors lien on collateral claimed as exempt E. holding that the debtor must pay the government interest at the rate the debtor would pay a commercial lender for a loan of equivalent amount and duration considering the risk of default and any security

assistant: The best answer is A. holding that a purchasemoney security interest did not lose its character as such for purposes of lien avoidance when debtor and creditor effected a novation of the loan agreement
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 a copy of (i) the Second Amendment, dated as of February 19, 2016, to the Existing 2014 Third Party Credit Agreement and (ii) the First Amendment, dated as of February 19, 2016, to the Existing 2015 Third Party Credit Agreement, each duly executed by the parties thereto.

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: The Plan is incorporated herein by reference. This Agreement and the Plan constitute the entire agreement of the parties with respect to the Award and supersede in their entirety all prior undertakings and agreements of the Company and the Employee with respect to the Award, and may not be modified adversely to the Employee's interest except by means of a writing signed by the Company and the Employee.

assistant: Entire Agreements