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: the notes in the financial statement that over $4,000,000 of that loss was due to a onetime, nonrecurring compensation expense to Nexity’s founders. Review of Blackmon’s deposition testimony reveals that he understood from the Nexity officers that the company was progressing according to its general strategic plan. Nexity officers apparently stated only in general terms that Nexity was doing well. The following is an excerpt from Blackmon’s deposition transcript: “A: ... I had conversations with Ken [Vassey] about how Nexity was doing, and he assured me that Nexity was doing fíne, that all they needed tating that a person cannot blindly rely on an agent’s oral representations that are contrary to written disclosures); and Wamser v. J.E. Liss, Inc., 838 F.Supp. 393, 399 (E.D.Wis.1993)(<HOLDING>). Therefore, the alleged oral Options: A. holding that written judgment controlled over oral pronouncement B. holding that oral pronouncement prevailed over the written order C. holding that when the courts oral statements in the plea colloquy conflict with the written agreement the courts oral statements control D. holding that written information cures oral misstatements and omissions E. holding written judgment must conform to oral pronouncement

assistant: The best answer is D. holding that written information cures oral misstatements and omissions
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: five years, or both. 18 U.S.C. § 1341. 2 . In Parr, the Court also dealt with a second fraudulent scheme relating to the misappro priation of tax revenue, where the government brought mail fraud charges based on the mailing of tax statements, checks, and receipts. 3,63 U.S. at 390, 80 S.Ct. 1171. The Court held that the mailing element could not be met because the mailings were "made under the imperative command of duty i the victims into a false sense of security, postpone their ultimate complaint to the authorities, and therefore make the apprehension of the defendants less likely,” fall within the ambit of the mail fraud statute. See United States v. Lane, 474 U.S. 438, 451-52, 106 S.Ct. 725, 88 L.Ed.2d 814 (1986); see also United States v. Helms, 897 F.2d 1293, 1297 (5th Cir.1990) (<HOLDING>). 4 . The TDOT, whom the government contends is Options: A. holding that subsequent mailings which are designed to lull the victim into a false sense of security postpone inquiries or complaints or make the transaction less suspect are mail ings in furtherance of the scheme B. holding that the record did not rationally support the decision the court made where the court dismissed the case for want of prosecution without taking into account the undisputed fact that the plaintiff had filed a motion to postpone the trial that through no fault of his own was never entered by the court C. holding that the elements of a claim under 3729a2 are 1 that the defendant made used or caused to be made or used a record or statement to get a claim against the united states paid or approved 2 the record or statement and the claim were false or fraudulent and 3 the defendant knew that the record or statement and the claim were false or fraudulent emphasis added D. holding that the first element of mail fraud knowing participation in a scheme to defraud can extend beyond the specific mailing and that the loss calculation for a mail fraud conviction may include any loss from the fraudulent scheme that the mailing furthered E. holding that plain language of the mail fraud statute condemns any scheme to defraud in which the mails are employed including the evasion of sales and use taxes

assistant: The best answer is A. holding that subsequent mailings which are designed to lull the victim into a false sense of security postpone inquiries or complaints or make the transaction less suspect are mail ings in furtherance of the scheme
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: that the radar gun in Tarver’s cruiser was working in August 2005. He also noted that the radar gun became inoperable approximately one year earlier, but that it had been fully repaired by the time of Deville’s first arrest. 5 . These events occurred after the events at issue in this case. See infra p. 171-72. Prior to his resignation from the Evangeline Parish Sheriffs Office, Tarver worked contemporaneously for both the Sheriff's Office and the Village of Turkey Creek Police Department on a part-time basis. 6 . Although we conclude infra that Marcantel is entitled to qualified immunity because he relied on Tarver’s statements, that reliance does not make an otherwise unconstitutional arrest lawful. See Whiteley v. Warden, 401 U.S. 560, 568-69, 91 S.Ct. 1031, 28 L.Ed.2d 306 (1971) (<HOLDING>); see also Rogers v. Powell, 120 F.3d 446, Options: A. holding that the courts determination of whether an officer had probable cause for an arrest is an independent and objective determination and an officers own subjective reason for the arrest is irrelevant B. holding that an otherwise illegal arrest cannot be insulated from challenge by the decision of the instigating officer to rely on fellow officers to make the arrest C. holding that a cause of action for illegal arrest and false imprisonment accrued at the time plaintiff was released from his alleged illegal restraint and not when the proceedings by which his arrest occurred terminated D. holding that initial illegal detention does not call into question validity of arrest pursuant to valid warrant wjhere the police effectuate an arrest in an illegal manner but nonetheless have probable cause to make the arrest the proper fourth amendment remedy is to exclude only that evidence which is a fruit of the illegality E. holding that force exerted against an officer after an arrest is complete cannot be used as the basis for prosecuting one for resisting arrest

assistant: The best answer is B. holding that an otherwise illegal arrest cannot be insulated from challenge by the decision of the instigating officer to rely on fellow officers to make the arrest
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 and all notices, requests, demands and other communications provided for by this Agreement shall be in writing and shall be effective when delivered in person or by overnight courier or delivery service, or three business days after being deposited in United States mail, postage prepaid, registered or certified, and addressed to Executive at his last known address on the books of the Company or, in the case of the Company, at the Company’s principal place of business, to the attention of the Chairman of the Board, or to such other address as either party may specify by notice to the other actually received.

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: districts in which they serve. Sullivan, 106 S.W.3d at 189. Texas law places control of probation departments in the hands of district judges, who are elected state officials. See PYCA Indus., Inc., 81 F.3d at 1417 n. 3. In Shore, the court explained that because the district judges are empowered to employ and dismiss individuals in the probation department, any actions by the director “would be as an agent for the Judges.” 414 F.Supp. at 385; see Sullivan, 106 S.W.3d at 189. The Shore court further explained that “any equitable relief granted must therefore be directed against the ‘Judges ....”’ 414 F.Supp. at 385; see Sullivan, 106 S.W.3d at 189 (citing Clark v. Tarrant County, 608 F.Supp. 209, 211 (N.D.Tex.1985), rev’d in part on other grounds, 798 F.2d at 739 (5th Cir.1986) (<HOLDING>)). Because ultimate control over JCCSCD staff Options: A. holding that probation department employees are not county employees B. holding that county and district attorneys are officers within the judicial department C. holding that a county had no duty to bargain with a union of its employees D. holding that the commissioner of the department of pensions and security had statutory authority to reassign state employees to the county level E. holding that employees of county jail that housed federal prisoners pursuant to contract with the federal government were not federal employees even though county jail had to comply with federal rules and regulations

assistant: The best answer is A. holding that probation department employees are not county employees
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 contains the entire understanding of the Company and the Executive with respect to the subject matter hereof. Any payments actually made under this Agreement in the event of the Executive’s termination of employment shall be in lieu of any severance benefits payable under any severance plan, program, or policy of the Company to which the Executive might otherwise be entitled.

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 case excerpt and choose the best holding from the options. Case excerpt: not considered to be a “final” conviction, an application for writ of habeas corpus filed during the pendency of revocation proceedings would be returnable to the trial court, whose ruling would be reviewable by a court of appeals and, ultimately, subject to a petition for discretionary review to the court of criminal appeals. Nix v. State, 65 S.W.3d 664, 669 (Tex.Crim.App.2001). Because Appellant’s application was a preconviction writ, it is appealable for review to this court. Even though Appellant was also adjudicated guilty, because the code of criminal procedure and the court of criminal appeals allow the trial court’s ruling on Appellant’s writ of habeas corpus to be reviewed by a court of appeals, we will consider the merits of Appellant’s argument. See Kniatt, 157 S.W.3d at 85 (<HOLDING>); Gordon v. State, Nos. 11-02-00182-CR, Options: A. holding that a writ of habeas corpus cannot be used to review the weight of evidence B. holding that a writ of habeas corpus cannot be used to review the weight of evidence C. holding that managing conservator while in texas to seek return of child by writ of habeas corpus may not be served with civil process and is subject to jurisdiction of court in which habeas corpus is pending and only for purpose of prosecuting writ of habeas corpus D. holding on appeal from a habeas corpus denial that counsel was not ineffective for failure to file a notice of appeal because of defendants escape E. holding that court had jurisdiction to consider appeal from denial of habeas corpus relief even though trial court proceeded to adjudicate appellant guilty before hearing his writ

assistant: The best answer is E. holding that court had jurisdiction to consider appeal from denial of habeas corpus relief even though trial court proceeded to adjudicate appellant guilty before hearing his writ
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 Neither (a) the execution, delivery and performance by the Loan Parties of the Loan Documents (a) do not require , nor (b) when a Covenant Suspension Period is not in effect, (x) the grant by any Loan Party of the Liens granted by it pursuant to the Collateral Documents, and (y) the perfection of the Liens created under the Collateral Documents: (i) requires any consent or approval of, registration or filing with, or any other action by, any Governmental Authority, except (A) such as have been obtained or made and are in full force and effect (except for any reports required to be filed by Parent Holdings or any Borrower with the SEC pursuant to the Securities Exchange Act of 1934; provided that the failure to make any such filings shall not affect the validity or enforceability of this Agreement) or waived and those the failure of which to make or obtain would not reasonably be expected to have a Material Adverse Effect, (b) will not and (B) solely in the case of clauses (b)(x) and (y) of this Section 3.3, filings and registrations necessary to perfect the Liens on the Collateral, if any, granted by the Loan Parties in favor of the Administrative Agent for the benefit of the Secured Parties, (ii) will violate any applicable law or regulation or any order of any Governmental Authority, in each case applicable to or binding upon the Loan Parties or any of their respective property, except as would not reasonably be expected to have a Material Adverse Effect, ( c iii ) will not violate any charter, by-laws or other organizational document of any Loan Party, except as would not reasonably be expected to have a Material Adverse Effect and or ( d iv ) will not violate or result in a default under any indenture, agreement or other instrument binding upon any Loan Party or its respective property, except as would not reasonably be expected to have a Material Adverse Effect.

assistant: No Conflicts
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement and any of the documents related hereto and the rights, duties, or obligations thereunder may not be assigned by the Applicant without the written consent of the Commissioner. Any assignment made without the written consent of the Commissioner shall be void and of no force or effect.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: and inasmuch as the district court and the parties on this appeal have treated it as applicable we will as well. In any event, we note that most courts of appeals that have addressed the issue have held that a petition challenging an administrative decision regarding parole or imposing discipline is subject to section 2244(d)(1) because the limitations period applies to all habeas corpus petitions filed by persons "in custody pursuant to the judgment of a State court,” 28 U.S.C. § 2244(d)(1). See Shelby v. Bartlett, 391 F.3d 1061, 1062 (9th Cir.2004); Wade v. Robinson, 327 F.3d 328, 331-32 (4th Cir.2003); Cook v. N.Y. State Div. of Parole, 321 F.3d 274, 280 (2d Cir.2003); Kimbrell v. Cockrell, 311 F.3d 361, 363 (5th Cir.2002). But see Cox v. McBride, 279 F.3d 492, 493 (7th Cir.2002) (<HOLDING>). According to the majority of the courts of Options: A. holding that the prison physician lacked standing to raise the prisoners rights of access to the courts B. holding that routine monitoring and recording of the calls of convicted prisoners does not violate the prisoners fourth amendment rights C. holding that prisoners petition challenging additional two years on prisoners original sentence as a result of the decision of the prison disciplinary board is not subject to section 2244d1 D. recognizing that prisoners undoubtedly exercise first amendment petition right when filing grievances and stating that prison officials may not retaliate against prisoners for filing grievances E. holding that state prisoners challenges to the constitutionality of prison disciplinary proceedings that led to the deprivation of goodtime credits fell within the core of habeas

assistant: The best answer is C. holding that prisoners petition challenging additional two years on prisoners original sentence as a result of the decision of the prison disciplinary board is not subject to section 2244d1
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: (a) The Borrowers agree to pay the Agent on the Closing Date for the ratable benefit of the Lenders, an upfront fee of two percent (2.00%) of the aggregate principal amount of the Loans funded hereunder as of the Closing Date, which such fee shall be earned, due and payable on the Closing Date, and (b) the Borrowers agree to pay the Agent all fees as specified in the agency fee letter (the “ Fee Letter ”) dated as of the Closing Date in the amounts and at the times specified therein.

assistant: Fees
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 words “hereof,” “herein” and “hereunder” and words of similar import when used in this Agreement will refer to this Agreement as a whole and not to any particular provision of this Agreement, and section and subsection references are to this Agreement unless otherwise specified. The headings in this Agreement are included for convenience of reference only and will not limit or otherwise affect the meaning or interpretation of this Agreement. Whenever the words “include,” “includes” or “including” are used in this Agreement, they will be deemed to be followed by the words “without limitation.” The phrases “the date of this Agreement,” “the date hereof” and terms of similar import, unless the context otherwise requires, will be deemed to refer to the date set forth in the first paragraph of this Agreement. The meanings given to terms defined herein will be equally applicable to both the singular and plural forms of such terms. All matters to be agreed to by any party hereto must be agreed to in writing by such party unless otherwise indicated herein. Except as specified otherwise herein, references to agreements, policies, standards, guidelines or instruments, or to statutes or regulations, are to such agreements, policies, standards, guidelines or instruments, or statutes or regulations, as amended or supplemented from time to time (or to successors thereto). All references herein to the Subsidiaries of a Person shall be deemed to include all direct and indirect Subsidiaries of such Person, unless otherwise indicated or the context otherwise requires.

assistant: Interpretations
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 upon the occurrence of both of the following events: (i) execution of the Agreement by the Parties and the execution of the Release (as defined in Section 2(d) below) by Executive; and (ii) expiration of the revocation period applicable under the Release without Executive having given notice of revocation. The date of the last to occur of the foregoing events shall be referred to in this Agreement as the “ Effective Date .” Until and unless both of the foregoing events occur, this Agreement shall be null and void.

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 legal provision and list the applicable contract clause categories. Provision: I acknowledge that my exercise of the Option may result in Tax Obligations which require the Company to withhold certain amounts to satisfy federal, state, local, and/or foreign taxes. I agree to satisfy such tax withholding obligations as described in Section 9 of the Award Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Subject to the terms and conditions set forth herein, the Parent Borrower, the Dutch Parent Borrower, the Dutch Subsidiary Borrower s and the German Subsidiary Borrower may request the issuance of Letters of Credit denominated in dollars or Alternative Currencies for such Borrower’s own account (or the account of any of its Subsidiaries) and the Canadian Borrower may request the issuance of Letters of Credit denominated in Canadian Dollars for its own account (or the account of any of its Subsidiaries), in a form reasonably acceptable to the Administrative Agent and the Issuing Bank, at any time and from time to time during the Revolving Availability Period. In the event of any inconsistency between the terms and conditions of this Agreement and the terms and conditions of any form of letter of credit application or other agreement submitted by the applicable Borrower to, or entered into by the applicable Borrower with, the Issuing Bank relating to any Letter of Credit, the terms and conditions of this Agreement shall control.

assistant: General
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: sought blood tests to establish his paternity of a child born while the mother of the child was married to another man. While holding that it was necessary for the trial court to consider the impact of a paternity action on the child before the paternity proceedings, the Supreme Court of Washington reasoned: “Child development experts widely stress the importance of stability and predictability in parent/child relationships, even where the parent figure is not the natural parent. .... A paternity suit, by its very nature, threatens the stability of the child’s world. We are concerned that the best interests of the child standard, too broadly interpreted, could become a blanket license for any person to disrupt long-fostered family relationships by claiming to be the (A.D.1991) (<HOLDING>); Weidenbacher v. Duclos, 234 Conn. 51, 661 Options: A. holding that the best interest of the child is the paramount concern in determining whether to order blood tests to determine paternity B. holding that the trial court erred by not considering whether ordering blood tests to disestablish paternity was in the best interest of the child C. holding that husband who was excluded from paternity of children and could not intervene in a paternity action to obtain custody would be able to bring an independent action per tql D. holding that the trial court must specifically consider whether it would be in the best interest of the child for the case to proceed before a putative father may be permitted to seek blood tests in an attempt to rebut the presumption of paternity E. holding that although a putative father had standing to bring a paternity action the action could not proceed and the blood tests could not be ordered unless the trial court determined that the paternity action would serve the best interest of the child

assistant: The best answer is E. holding that although a putative father had standing to bring a paternity action the action could not proceed and the blood tests could not be ordered unless the trial court determined that the paternity action would serve the best interest of the child
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: (a) Subject to Article VII , unless otherwise mutually agreed in writing between the Company and the Requisite Commitment Parties, the closing of the Backstop Commitments (the “ Closing ”) shall take place at the offices of Milbank, Tweed, Hadley & McCloy LLP, 28 Liberty Street, New York, New York 10005, at 11:00 a.m., New York City time, within three (3) Business Days of the date on which all of the conditions set forth in Article VII shall have been satisfied or waived in accordance with this Agreement (other than conditions that by their terms are to be satisfied at the Closing, but subject to the satisfaction or waiver of such conditions). The date on which the Closing actually occurs shall be referred to herein as the “ Closing Date ”.

assistant: Closings
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 top of the trailer, where there was a danger that the employee would fall into the trailer. In fact, it appears that the only person to ever see a Cagles employee on the trailer, Hankinson, was assured that an employee should not be on the trailer; he never saw another employee on the trailer. Warren argues that the OSHA citations indicate that the coemployees should have known that, to a substantial certainty, injury or death would result from the top-loading procedure. The citation concerning the failure to guard the openings on the trailer was not a repeat citation, so the coemployees could not have had any advance notice of the likelihood of injury before the issuance of that citation. See Ex parte Martin, 733 So.2d 392, 396 (Ala. 1999). Although some of the citations ari 1991) (<HOLDING>). We therefore conclude that Warren’s evidence Options: A. holding that injury in a parking lot did not occur on a covered situs B. holding that immunity is not waived for injury or death caused by negligent supervision C. holding postaccident citation not sufficient to support finding that coemployee was substantially certain that injury or death would occur D. holding that order finding that injury arose out of and in the course of the employment and awarding medical benefits was interlocutory order that would not support appeal E. holding that preaccident citation would not support a finding that coemployees were substantially certain that injury or death would occur

assistant: The best answer is E. holding that preaccident citation would not support a finding that coemployees were substantially certain that injury or death would occur
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: Tischler v. Baltimore Bancorp, 801 F.Supp. 1493 (D.Md.1992). While fraud is not necessarily an element of Section 13(d), Mates nonetheless has alleged that the Defendants have acted with fraudulent intent. In fact, the essence of the entire complaint concerns Defendants’ alleged scheme to negotiate a secret financing deal that amounted to an insider transaction, file misleading documents with the SEC, and make use of a “sham vote” to remove Mates from her position on the board of directors. Thus, it is clear that fraud lies at the core of her action. As such, Rule 9(b) of the Federal Rules of Civil Procedure applies to her claims of federal securities laws violations. See Fed.R.Civ.P. 9(b) (applying to “all” averments of fraud); Melder v. Morris, 27 F.3d 1097, 1100 n. 6 (5th Cir.1994) (<HOLDING>); Hershey v. MNC Financial, Inc., 774 F.Supp. Options: A. holding that rule 9b applies to fca B. holding that specific details about time place and substance of the fraud satisfy rule 9b C. holding that rule 9b applies to 11 and 12a2 under the act despite fraud not being an element since they are grounded in fraud D. holding that fraud creates an exception to the rule E. holding that a plaintiff cannot avoid the securities fraud exception by pleading mail fraud or wire fraud if the conduct giving rise to those offenses also amounts to securities fraud

assistant: The best answer is C. holding that rule 9b applies to 11 and 12a2 under the act despite fraud not being an element since they are grounded in fraud
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 agree by your signature below that you had, and that the Company gave you, at least twenty-one (21) days to review and consider this Agreement before signing it, and that such period was sufficient for you to fully and completely consider all of its terms. The Company hereby advises you to discuss this Agreement with your own attorney (at your own expense) during this period if you wish to do so. You may accept this Agreement by delivering a copy of the Agreement signed by you to me within twenty-one (21) days from the day you receive the Agreement. You may revoke your acceptance of the Agreement for a period of seven (7) days after signing the Agreement by delivering written notification to me within that seven-day period. If you do not revoke your acceptance of the Agreement, it will be effective on the eighth (8 th ) day after you sign it. If you revoke your acceptance of this Agreement, you will not be entitled to the benefits listed in Section 3, above. You agree that you have carefully read this Agreement, fully understand what it means, and are entering into it voluntarily.

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: Original Petition does not affirmatively reveal that the amount in controversy exceeds the federal jurisdictional minimum, despite the existence of statutory caps on the kinds of damages claimed by Plaintiff in excess of the required amount for federal jurisdiction. Because Plaintiffs Original Petition does not contain “a specific allegation that damages are in excess of the federal jurisdictional amount,” the Court finds that Plaintiffs Original Petition did not start the thirty-day time limit for removal set forth in § 1446(b). Chapman, 969 F.2d at 163. Furthermore, Defendant timely removed the instant cause upon receipt of Plaintiffs Amended Petition, which unequivocally asserts that the amount in controversy exceeds the federal jurisdictional requirement. See Bosky, 288 F.3d at 212 (<HOLDING>). Therefore, the Court’s exercise of Options: A. holding that notice of removal was defective on its face because it failed to contain a copy of the process as required by the removal statute B. holding other paper must be unequivocally clear and certain to start the time limit running for a notice of removal under the second paragraph of section 1446b C. holding that the defendants motion to amend their notice of removal was proper due to plaintiffs waived objections to the sufficiency of the notice of removal by failing to seek remand within thirty days of removal D. holding that the information supporting removal in a copy of an amended pleading must be unequivocally clear and certain to start the time limit running for a notice of removal internal quotation omitted E. holding that any defect in removal procedure must be cured within the 30day removal period or it is fatal to the removal and defendants failure to attach exhibits to the notice of removal within that time required remand

assistant: The best answer is D. holding that the information supporting removal in a copy of an amended pleading must be unequivocally clear and certain to start the time limit running for a notice of removal internal quotation omitted
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: 544 U.S. at 101, 125 S.Ct. 1465 (finding that because questioning of the defendant did not prolong the stop, no independent Fourth Amendment justification was needed for the questioning based upon the legitimacy of the initial stop). “[T]he permissibility of a particular law enforcement practice is judged by balancing its intrusion on the individual’s Fourth Amendment interests against its promotion of legitimate governmental interests.” Prouse, 440 U.S. at 654, 99 S.Ct. 1391. Mimms and its progeny permit the intrusion if the officer merely removes a defendant from his vehicle absent undue delay. The question, however, of where a de min-imis intrusion ends and an undue delay begins is necessarily a fact-specific inquiry. See United States v. Everett, 601 F.3d 484, 493-94 (6th Cir.2010) (<HOLDING>). It is impossible to select “an arbitrary Options: A. holding that new york common law must be applied to determine whether the parties formed an oral settlement agreement and state statutory law must be applied to determine whether the agreement if any is enforceable B. holding that strip search incident to arrest was not per se unreasonable but holding that search was performed in an unreasonable manner when conducted in view of the public C. holding search unreasonable when conducted on the highway in broad day light D. recognizing that the inquiry into whether the facts adequately supported a terry stop is informed by the nature and quality of the intrusion E. recognizing that a factbound contextdependent inquiry must be conducted in each case to determine whether the duration of the stop was unreasonable

assistant: The best answer is E. recognizing that a factbound contextdependent inquiry must be conducted in each case to determine whether the duration of the stop was unreasonable
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: essential functions of the job, with or without reasonable accommodation; and (4) the plaintiff suffered an adverse employment action because of his disability or perceived disability.” Capobianco v. City of New York, 422 F.3d 47, 56 (2d Cir.2005). Of the prima facie case, Defendants contest only the second prong, claiming that Plaintiffs diabetes does not amount to a disability under the ADA. (Defs.’ Mem. of Law at 9; Defs.’ Reply Mem. of Law at 3.) The Supreme Court has held “that the determination of whether an individual is disabled should be made with reference to measures that mitigate the individual’s impairment.” Sutton v. United Air Lines, Inc., 527 U.S. 471, 475, 119 S.Ct. 2139, 144 L.Ed.2d 450 (1999). As a result, Plaintiff faces an uphill battle to raise a tr D.P.R.2001) (<HOLDING>). Nevertheless, as it must, the Court examines Options: A. holding that breathing is a major life activity within the contemplation of the ada B. holding that plaintiffs evidence showing that defendant refused to allow her to work as flight attendant because of her weight failed to demonstrate that defendant perceived her as substantially limited in any major life activity C. holding that plaintiff with diabetes requiring medication a fixed meal schedule timely snack breaks and the opportunity to use the bathroom frequently during the work day is not limited as to any major life activity when taking into account the availability of corrective and mitigating measures D. recognizing sleeping as major life activity E. holding that reproduction is not a major life activity

assistant: The best answer is C. holding that plaintiff with diabetes requiring medication a fixed meal schedule timely snack breaks and the opportunity to use the bathroom frequently during the work day is not limited as to any major life activity when taking into account the availability of corrective and mitigating measures
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: He points to a lack of complaints about his behavior while in pre-trial custody and contends the court incorrectly acquiesced to jail policy rather than considering the circumstances unique to his case. ¶ 29 Although a defendant generally has the right to be free from restraints in the courtroom, the court may order their use if, in the court’s discretion, the restraints are needed for courtroom security and safety. State v. Cruz, 218 Ariz. 149, 168 ¶¶ 118— 19, 181 P.3d 196, 215 (2008). But the court “must have grounds for ordering restraints and should not simply defer to the prosecutor’s request, a sheriffs department’s policy, or security personnel’s preference for the use of restraints.” Id. ¶ 119; cf. Deck v. Missouri, 544 U.S. 622, 633, 125 S.Ct. 2007, 161 L.Ed.2d 953 (2005) (<HOLDING>). The type of restraints used should be Options: A. holding that the penalty is applicable B. holding that the sixth amendment right of confrontation applies to all three phases of the capital trial and that the admission of hearsay statements of codefendants in the penalty phase violated the confrontation clause C. recognizing the unique and irrevocable nature of the death penalty and the consequently overarching need for reliability in the imposition of such a penalty D. holding a state may use visible restraints in the guilt or penalty phases only if a special need for them exists E. holding that the confrontation clause applies through the finding of guilt but not to sentencing even when that sentence is the death penalty

assistant: The best answer is D. holding a state may use visible restraints in the guilt or penalty phases only if a special need for them exists
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may only be modified by a writing signed by both Lender and Borrower. All references to this Agreement, whether in this Agreement or in any other document or instrument, shall be deemed to incorporate all amendments, modifications, and renewals of this Agreement made after the date hereof. If Borrower requests Lender’s consent to any change in ownership, merger or consolidation of Borrower, Operator or GEN, any assumption of the Loan, or any modification of the Loan Documents to the extent such consent is required hereunder, Borrower shall provide Lender all relevant information and documents sufficient to enable Lender to evaluate the request. In connection with any request for the assumption of the Loan, Borrower shall pay to Lender a fee in the amount of one percent of the then current principal outstanding balance of the Loan. In addition, in connection with any request for the assumption of or modification to the Loan, Borrower shall pay all of Lender’s reasonable attorney’s fees and expenses and other reasonable out-of-pocket expenses incurred in connection with Lender’s evaluation of Borrower’s request, the preparation of any documents and amendments, the subsequent amendment of any documents between Lender and its collateral pool lenders (if applicable), and all related matters.

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

user: 3. In consideration of each and every disclosure of CONFIDENTIAL INFORMATION, the Parties agree to: (c) make no disclosures of any CONFIDENTIAL INFORMATION to any party other than officers and employees of a Party to this IRA; (d) limit access to CONFIDENTIAL INFORMATION to those officers and employees having a reasonable need for such INFORMATION and being boUnd by a written obligation to maintain the confidentiality of such INFORMATION; and

assistant: Yes
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 payments made by Borrowers hereunder or under any note or other Loan Document will be made without setoff, counterclaim, or other defense, except to the extent required by applicable law. All such payments will be made free and clear of, and without deduction or withholding for, any present or future Indemnified Taxes, and in the event any deduction or withholding of Indemnified Taxes is required, Borrowers shall comply with the next sentence of this Section 16.1 . If any Indemnified Taxes are so levied or imposed, Borrowers agree to pay the full amount of such Indemnified Taxes and such additional amounts as may be necessary so that every payment of all amounts due under this Agreement, any note, or Loan Document, including any amount paid pursuant to this Section 16.1 after withholding or deduction for or on account of any Indemnified Taxes, will not be less than the amount provided for herein. Borrowers will furnish to Agent as promptly as possible after the date the payment of any Indemnified Tax is due pursuant to applicable law, certified copies of Tax receipts evidencing such payment by Borrowers. Borrowers agree to pay any present or future stamp, value added or documentary Taxes or any other excise or property Taxes, charges, or similar levies that arise from any payment made hereunder or from the execution, delivery, performance, recordation, or filing of, or otherwise with respect to this Agreement or any other Loan Document (other than any such Taxes arising as a result of an assignment, participation or other transfer hereunder).

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 legal provision and list the applicable contract clause categories. Provision: You agree to assist RAIT, upon its reasonable request, in participating in the preparation for, response to, prosecution and/or defense of any litigation, investigation or other matter arising out of or related to your employment with or duties while employed with RAIT. If RAIT requires your cooperation in accordance with this provision, RAIT shall reimburse you for reasonable out-of-pocket expenses (including travel, lodging, meals and reasonable attorneys’ fees), subject to reasonable documentation. In addition, before requiring such cooperation, the parties will agree to a reasonable hourly rate to compensate you for the time you incur.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the Americans with Disabilities Act, were not taken into account; (2) he was not given notice that an 1-60 such as the one he submitted would result in disciplinary action; and (3) there was insufficient evidence to support his conviction. Wheeler argues that the district court erred in determining that his claims were barred by Heck v. Humphrey, 512 U.S. 477, 486-87, 114 S.Ct. 2364, 129 L.Ed.2d 383 (1994), because he was sentenced under Tex. Gov’t Code § 508.149 and thus could not recover good-time credits. Regardless whether Wheeler’s claims were barred under Heck, the district court did not err in dismissing his claims because he did not have a liberty interest in any of the rights of which he was deprived at the hearing. See Malchi v. Thaler, 211 F.3d 953, 958-59 (5th Cir.2000) (<HOLDING>); Berry v. Brady, 192 F.3d 504, 508 (5th Options: A. holding that thirtyday commissary and cell restrictions did not implicate due process concerns B. holding that mere negligence does not implicate the right to due process C. holding that punitive conditions of pretrial confinement implicate due process D. holding that 30day commissary and cell restrictions did not implicate the due process clause E. holding that 30day loss of cell and commissary privileges does not implicate due process concerns

assistant: The best answer is E. holding that 30day loss of cell and commissary privileges does not implicate due process concerns
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 document relating to participation in the Plan or any notice required or permitted hereunder shall be given in writing and shall be deemed effectively given (except to the extent that this Option Agreement provides for effectiveness only upon actual receipt of such notice) upon personal delivery, electronic delivery at the e-mail address, if any, provided for the Participant by the Company or any Affiliate, or upon deposit in the U.S. Post Office or foreign postal service, by registered or certified mail, or with a nationally recognized overnight courier service, with postage and fees prepaid, addressed to the other party at the address of such party set forth in the Grant Notice or at such other address as such party may designate in writing from time to time to the other party.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Whenever possible, each provision of this Amendment shall be interpreted in a manner as to be effective and valid under applicable law, but if any provision of this Amendment shall be prohibited by or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity without invalidating the remainder of such provision or the remaining provisions of this Amendment.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Any Lender may at any time, without the consent of, but with notice to, the Borrower and the Administrative Agent, sell participations to any Person (other than a natural Person or a holding company, investment vehicle or trust for, or owned and operated for the primary benefit of a natural Person, a Defaulting Lender or the Borrower or any of the Borrower’s Affiliates or Subsidiaries) (each, a “ Participant ”) in all or a portion of such Lender’s rights and/or obligations under this Agreement (including all or a portion of its Commitments and/or the Loans (including such Lender’s participations in L/C Obligations and/or Swingline Loans) owing to it); provided that (i) such Lender’s obligations under this Agreement shall remain unchanged, (ii) such Lender shall remain solely responsible to the other parties hereto for the performance of such obligations and (iii) the Borrower, the Administrative Agent, the Lenders and the L/C Issuer shall continue to deal solely and directly with such Lender in connection with such Lender’s rights and obligations under this Agreement. For the avoidance of doubt, each Lender shall be responsible for the indemnity under Section 10.04(c) without regard to the existence of any participations.

assistant: Participations