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: 24, 2006, the State filed a motion requesting that the defendant be transported to the final pretrial conference scheduled for March 10,2006, “to be present for any discussions on the record regarding the status of counsel and the reason for the delay in bringing him to trial.” In the motion, the State argued, among other things, that, given the complexities of the case, “[t]here [wa]s no possibility that [defendant’s newly appointed counsel] c[ould] be prepared for trial on March 20, 2006.” On March 10,2006, the trial court held a final pretrial conference, at which the defendant, his counsel, and the State were present. At that time, the State “sought a continuance . . . due to delays in preparation (sic) and proceedings caused by the involvement of two con Mich. Ct. App. 2005) (<HOLDING>), appeal denied, 712 N.W.2d 493 (Mich. 2006); Options: A. holding that the district courts denial of a motion to continue based on defense counsels scheduling conflict was not arbitrary B. holding that defense counsels performance was adversely affected by an actual conflict of interest if a specific and seemingly valid or genuine alternative strategy or tactic was available to defense counsel but it was inherently in conflict with his duties to others C. holding that delay when defense counsel withdrew because of conflict is excluded from iad time calculation D. holding that trial court properly excluded doctors testimony that some of plaintiffs symptoms could be associated with alcoholism or alcohol withdrawal when no competent evidence indicated plaintiff was alcoholic or suffered from alcohol withdrawal E. holding that delay resulting from defense counsels withdrawal based upon a conflict of interest was properly excluded from 180day time period

assistant: The best answer is E. holding that delay resulting from defense counsels withdrawal based upon a conflict of interest was properly excluded from 180day time period
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of the joint account by granting a co-owner of the account an opportunity to present clear and convincing evidence of a different intent. See Reed, 715 N.E.2d at 900. Because of this rebuttable presumption, we find that Charnas' interest in the joint account amounts to more than a mere speculation of a possible future benefit and, instead, becomes a protected property interest under the Fourteenth Amendment. See Roth, 408 U.S. at 577, 92 S.Ct. 2701. Nevertheless, even though we conclude that Charnas possesses a protected property interest, we find that she failed to demonstrate that she was prejudiced by the lack of a hearing to establish evidence of Loizos' different intent. See U.S. Outdoor Adver. Co., Inc. v. Indiana Dept. of Transp., 714 N.E.2d 1244, 1261 (Ind.Ct.App.1999) (<HOLDING>), trams. denied; see also, Turner v. Bd. of Options: A. holding that due process and equal protection clauses of fourteenth amendment are not confined to protection of citizens rather they apply to all persons within the territorial jurisdiction B. holding defendants could not be guilty as parties when the state failed to show they knew the criminality of the conduct they assisted C. holding that an alien must establish that he was prejudiced by the alleged error in order to prevail on a due process claim D. holding that appellants fourteenth amendment due process claim did not require reversal where they failed to show that they were prejudiced E. holding that neglect was not excusable where the defendants did not do all that they were required to do after they received the summons and complaint in that they did not contact a lawyer or make any other arrangements with respect to their defense

assistant: The best answer is D. holding that appellants fourteenth amendment due process claim did not require reversal where they failed to show that they were prejudiced
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: A lien is fraudulent if the person who files it has actual knowledge that the lien was not valid at the time it was filed. The jury answered “no.” In reviewing this challenge to the factual sufficiency of the evidence, we consider and weigh all of the evidence and set aside the judgment only if it is so contrary to the overwhelming weight of the evidence that it is clearly wrong and manifestly unjust. Cain v. Bain, 709 S.W.2d 175, 176 (Tex.1986). When, as here, there was no objection to the charge, we review the sufficiency of the evidence according to the charge actually given and not based on some other unidentified law. Barker v. Eckman, 213 S.W.3d 306, 313 (Tex.2006); Osterberg v. Peca, 12 S.W.3d 31, 55 (Tex.2000); see also City of Fort Worth v. Zimlich, 29 S.W.3d 62, 71 (Tex.2000) (<HOLDING>). In arguing that the evidence is factually Options: A. holding that a trial judge is obliged to give a correct jury instruction notwithstanding that request for instruction was technically erroneous if the evidence generates the subject matter of the jury instruction B. holding that issue of inadequate jury instruction was waived because the instruction given was the one expressly requested by defense counsel C. holding that defendant was not entitled to entrapment instruction when there was insufficient evidence to support such an instruction D. holding that when no objection was made to jury instruction evidence to support finding based on instruction should be assessed in light of the instruction given E. holding good faith jury instruction is not necessary when the court has given an adequate specific intent instruction

assistant: The best answer is D. holding that when no objection was made to jury instruction evidence to support finding based on instruction should be assessed in light of the instruction given
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: irom May 5, 2003 through May 10, 2005.” Kensmoe argues on appeal that the time period to renew the judgment by affidavit under N.D.C.C. § 28-20-21 was not tolled and the “Georgia rulings should not be used in the decision of a North Dakota judgment.” In her reply brief, Kensmoe also distinguishes F/S Manufacturing’s reliance on In re Lobherr, 282 B.R. 912 (Bankr.C.D.Cal.2002). Kensmoe’s argument necessarily includes whether the district court erred in deciding the time period in N.D.C.C. § 28-20-21 was tolled by her prior bankruptcy proceedings, and we reject F/S Manufacturing’s claim about waiver. [¶ 14] We approach with caution the complexity of interpreting the Bankruptcy Code and its interplay with state law. See, e.g., Production Credit Ass’n v. Burk, 427 N.W.2d 108 (N.D.1988) (<HOLDING>), disagreed with by In re Hoffinger Indus., Options: A. holding 108c2 applied to extend the deadline to file a notice of appeal in state court until at least 30 days after notice of the stays termination or expiration B. holding 108b2 extended unexpired period for filing appeal but holding appeal was untimely C. holding 11 usc 108b2 applied to extend unexpired 60day period to file notice of appeal to 60 days after order for relief but that appeal was untimely D. holding that the court did not have jurisdiction to hear an appeal after an untimely filing of a notice of appeal E. holding that an untimely postjudgment motion does not toll the time for filing a notice of appeal and that this court has no jurisdiction over an untimely filed appeal

assistant: The best answer is C. holding 11 usc 108b2 applied to extend unexpired 60day period to file notice of appeal to 60 days after order for relief but that appeal was untimely
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: Defendants’ Mot. for Summ. Judg. at 22 (“Plaintiffs appear to be claiming that they are entitled to ‘Class of One’ review[.]”)) Furthermore, County Defendants did not explicitly address the appeal issue anywhere in their motion. Given this background, it was not error for the Court to ascribe the “class of one” argument to Plaintiffs’ equal protection challenge, nor was it error for the Court to find that County Defendants had not met their burden on the question of summary judgment. To the extent that County Defendants now contend that Plaintiffs “class of one” argument must fail because no other party has appealed for a waiver, this is a new argument that is not appropriate in a motion for reconsideration. See Haw. Stevedores, Inc. v. HT & T Co., 363 F.Supp.2d 1253, 1269 (D.Haw.2005) (<HOLDING>). Should County Defendants wish to re-visit Options: A. holding court will generally not consider arguments presented for the first time on appeal B. holding that reconsideration pursuant to rule 59 cannot be premised on the same arguments presented in the complaint and motions C. holding that motions for reconsideration are not appropriate if the movant asks the court to hear new arguments or supporting facts that could have been presented originally D. holding that reconsideration may not be based on evidence and legal arguments that could have been presented at the time of the challenged decision E. holding that the court did not have jurisdiction to consider an argument not presented to the board in a motion for reconsideration

assistant: The best answer is D. holding that reconsideration may not be based on evidence and legal arguments that could have been presented at the time of the challenged decision
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 U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 371 U.S. 228 83 S.Ct. 314 9 L.Ed.2d 283 UNITED STATES, Petitioner,v.BUFFALO SAVINGS BANK. No. 96. Argued Dec. 3, 1962. Decided Jan. 7, 1963. John B. Jones, Jr., for petitioner. John H. Little, Buffalo, N.Y., for respondent. PER CURIAM. 1 In 1946, respondent Buffalo Savings Bank made a loan secured by a real estate mortgage. The United States filed notice of a federal tax lien against the mortgagor's property in 1953. Thereafter, in 1957 and 1958, liens for unpaid real estate taxes and other local assessments attached to the property. The bank instituted foreclosure proceedings, naming the United States as a party. The trial court's decree ordered the property sold and the payment of local real estate taxes and other assessments as part of the expenses of the sale prior to the satisfaction of the tax lien of the United States. The United States appealed and the New York Supreme Court, Appellate Division, reversed, only to be reversed in turn by the New York Court of Appeals, which reinstated the trial court's judgment on the ground that the federal tax lien attached only to the mortgagor's interest in the surplus after the foreclosure sale and therefore was subordinate to the local taxes as 'expenses of sale.' 11 N.Y.2d 31, 226 N.Y.S.2d 382, 181 N.E.2d 413. 2 We must reverse the judgment of the New York Court of Appeals for failure to take proper account of United States v. New Britain, 347 U.S. 81, 74 S.Ct. 367, 98 L.Ed. 520. That case rules this one, for there the Court quite clearly held that federal tax liens have priority over subsequently accruing liens for local real estate taxes, even though the burden of the local taxes in the event of a shortage would fall upon the mortgagee whose claim under state law is subordinate to local tax liens. 3 A similar argument based on the general character of the federal tax lien was made and specifically rejected in New Britain. Moreover, the state may not avoid the priority rules of the federal tax lien by the formalistic device of characterizing subsequently accruing local liens as expenses of sale. Cf. United States v. Gilbert Associates, Inc., 345 U.S. 361, 73 S.Ct. 701, 97 L.Ed. 1071. Finally, respondent's reliance on United States v. Brosnan, 363 U.S. 237, 80 S.Ct. 1108, 4 L.Ed.2d 1192, and Crest Finance Co. v. United States, 368 U.S. 347, 82 S.Ct. 384, 7 L.Ed.2d 342, is misplaced. Brosnan was concerned with foreclosure procedures, not with priorities, and in connection with the latter subject relied upon New Britain among other cases. Crest is wholly inapposite here. 4 The judgment is therefore reversed and the cause remanded for further proceedings not inconsistent with this opinion. 5 Reversed and remanded. 6 Mr. Justice DOUGLAS dissents.

assistant: 12
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: To the knowledge of the Company, (i) each material employee benefit plan, within the meaning of Section 3(3) of the Employee Retirement Income Security Act of 1974, as amended (“ ERISA ”), that is maintained, administered or contributed to by the Company or any of its affiliates for employees or former employees of the Company and the Subsidiaries has been maintained in material compliance with its terms and the requirements of any applicable statutes, orders, rules and regulations, including but not limited to ERISA and the Internal Revenue Code of 1986, as amended (the “ Code ”); (ii) no prohibited transaction, within the meaning of Section 406 of ERISA or Section 4975 of the Code, has occurred which would result in a material liability to the Company with respect to any such plan excluding transactions effected pursuant to a statutory or administrative exemption; and (iii) for each such plan that is subject to the funding rules of Section 412 of the Code or Section 302 of ERISA, no “accumulated funding deficiency” as defined in Section 412 of the Code has been incurred, whether or not waived, and the fair market value of the assets of each such plan (excluding for these purposes accrued but unpaid contributions) equals or exceeds the present value of all benefits accrued under such plan determined using reasonable actuarial assumptions, other than, in the case of (i), (ii) and (iii) above, as would not have a Material Adverse Effect.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Plan contains provisions covering the treatment of Shares in a number of contingencies such as stock splits, mergers and Change of Control transactions. Provisions in the Plan for adjustment with respect to the Granted Shares and the related provisions with respect to successors to the business of the Company are hereby made applicable hereunder and are incorporated herein by reference.

assistant: Adjustments
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: challenge the results by showing errors in the machine or in the operator, or extraneous conditions affecting the results. Id. at 354, 857 P.2d at 406. Our decision in Guthrie did not undermine this rationale. See Guthrie, 202 Ariz. at 275, 43 P.3d at 603. ¶ 14 In any event, the practical difficulty that Defendant has identified in obtaining an independent breath sample is not sufficient to create a due process violation. A DUI suspect has a due process right to gather exculpatory evidence. See Smith v. Coda, 114 Ariz. 510, 512-13, 562 P.2d 390, 392-93 (App.1977). Due process, however, requires only that a defendant be given a “reasonable opportunity” to obtain exculpatory evidence. Van Herreweghe v. Burke ex rel. County of La Paz, 201 Ariz. 387, 390, ¶ 11, 36 P.3d 65, 68 (App.2001) (<HOLDING>). “Police officers are not required to take the Options: A. holding that release unambiguously released defendants from negligence liability even though the release did not include the word negligence because there was no other rational purpose for which the exculpatory language could have been intended B. holding that constitutional precedent does not require that a convicted defendant be warned of his right to counsel and his right to remain silent prior to submitting to a routine authorized presentence interview C. holding that dui defendants constitutional and statutory right to a reasonable opportunity to obtain exculpatory evidence does not require his immediate release from jail D. holding that there is both a statutory and a constitutional right to a jury trial under erisa because congress lacks constitutional authority to limit right to a jury E. holding that the government is not required to present exculpatory evidence to the grand jury

assistant: The best answer is C. holding that dui defendants constitutional and statutory right to a reasonable opportunity to obtain exculpatory evidence does not require his immediate release from jail
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: serious bodily injury or death by some act or with some instrument or weapon such that it would suffice to give him notice the State is seeking a deadly weapon finding. In Ex parte Beck, the court of criminal appeals held that “any allegation which avers a death was caused by a named weapon or instrument necessarily includes an allegation that the named weapon or instrument was, ‘in the manner of its use ... capable of causing’ (since it did cause) death.” Ex parte Beck, 769 S.W.2d at 526-27 (footnote omitted) (emphasis in original); see also Johnson v. State, 815 S.W.2d 707, 709 (Tex.Crim.App.1991) (noting that indictment alleging death caused by “striking with hands and feet” was sufficient notice of state’s intent to seek affirmative deadly weapon finding); Mixon, 804 S.W.2d at 108 (<HOLDING>); Speering v. State, 797 S.W.2d 36, 37 Options: A. holding that immunity is not waived for injury or death caused by negligent supervision B. holding death caused by unknown object provides sufficient notice C. holding an allegation that defendant caused death by cutting victims throat with sharp object was sufficient to give notice of states intent to seek deadly weapon finding D. holding publication in the wall street journal sufficient notice to unknown creditor injured in louisiana E. holding that indictment alleging serious bodily injury caused by motor vehicle colliding with a fixed object provides sufficient notice of states intent to seek deadly weapon finding

assistant: The best answer is B. holding death caused by unknown object provides sufficient notice
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 (together with the Plan) constitutes the entire agreement between the parties hereto and supersedes all prior agreements, if any, understandings and arrangements, oral or written, between the parties hereto with respect to the subject matter hereof except that any non-solicitation, confidentiality and/or return of property agreements between the parties are not superseded but expressly preserved by this Agreement.

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: the trial ...." Rule 3.11(B)(3)(b), Rules of the Oklahoma Court of Criminal Appeals, Title 22, Ch.18, App. (2006). This rule does not authorize a supplementation that attempts to establish that defense counsel objected to an action of the trial court, when such an objection is not documented in the official record of the case-particularly when the trial transcript indicates that defense counsel stated that he "agreed with" the trial court's action, and particularly when no one suggests that the transcript is inaccurate. This Court sees no reason to "supplement the record" with the proffered recollection of counsel. Hence Roy's SECOND MOTION TO SUPPLEMENT AND APPLICATION FOR EVIDENTIA-RY HEARING, tendered for filing on January 19, 2006, is hereby DENIED. 21 . 2006 OK CR 6, 130 P.3d 273 (<HOLDING>). 22 . Roy's trial was completed on June 15, Options: A. holding that jurors should be instructed regarding the 85 rule contained within 21 02001 121 131 for crimes falling within this rule B. recognizing this texas rule C. recognizing rule D. recognizing this rule E. recognizing this as the general rule

assistant: The best answer is A. holding that jurors should be instructed regarding the 85 rule contained within 21 02001 121 131 for crimes falling within this rule
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 particular , without noe 's written consent , you must neither lease nor rent digital products nor sublicense , publish , copy , modify , adapt , translate , reverse engineer , decompile or disassemble any portion of digital products other than as expressly permitted by applicable law .

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: tests, and (3) the aggravated portion of the DWI charge should be dismissed because the breathalyzer test was taken more than an hour and a half after Defendant was driving and registered .16, the exact reading required to raise DWI to the aggravated level. The State concedes that, under the circumstances of this case, in which the officer testified that there was no way of knowing what Defendant’s blood alcohol content was at the time of driving, a rational juror could not find beyond a reasonable doubt the facts necessary to raise the DWI to an aggravated level. We agree and therefore reverse and remand for entry of judgment for simple DWI unless one of Defendant’s other issues results in reversal. See State v. Cavanaugh, 116 N.M. 826, 829-30, 867 P.2d 1208, 1211-12 (Ct.App.1993) (<HOLDING>). We hold that Defendant’s other issues do not Options: A. holding that the fourth amendment is implicated by the withdrawal of blood to test its alcohol content B. holding that blood alcohol content almost 30 over the limit together with testimony of intoxication at the time of driving was sufficient to convict contrasting a case in which the blood alcohol content was just barely over the limit which was insufficient to convict C. holding a warrantless blood test reasonable due to bloods rapid loss of its alcohol content D. holding that in order to convict a defendant of dui under subsection 3802b the commonwealth cannot rely on the blood serum analysis alone it must introduce evidence of alcohol by weight in terms of whole blood E. holding blood testing for alcohol content a search

assistant: The best answer is B. holding that blood alcohol content almost 30 over the limit together with testimony of intoxication at the time of driving was sufficient to convict contrasting a case in which the blood alcohol content was just barely over the limit which was insufficient to convict
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) Payments Free of Taxes . Any and all payments by or on account of any obligation of any Loan Party under any Loan Document shall be made without deduction or withholding for any Taxes, except as required by applicable law. If any applicable law (as determined in the good faith discretion of an applicable Withholding Agent) requires the deduction or withholding of any Tax from any such payment by a Withholding Agent, then the applicable Withholding Agent shall be entitled to make such deduction or withholding and shall timely pay the full amount deducted or withheld to the relevant Governmental Authority in accordance with applicable law and, if such Tax is an Indemnified Tax, then the sum payable by the applicable Loan Party shall be increased as necessary so that after such deduction or withholding has been made (including such deductions and withholdings applicable to additional sums payable under this Section 2.17) the applicable Recipient receives an amount equal to the sum it would have received had no such deduction or withholding been made.

assistant: Taxes
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 Section 8.1(c), at any time prior to the Effective Time, the parties may (a) extend the time for the performance of any of the obligations or other acts of the other parties, (b) waive any inaccuracies in the representations and warranties contained in this Agreement or in any document delivered pursuant to this Agreement, or (c) waive compliance with any of the agreements or conditions contained in this Agreement. Any agreement on the part of a party to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party. The failure of any party to this Agreement to assert any of its rights under this Agreement or otherwise shall not constitute a waiver of such rights.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Landlord shall maintain special form (including theft) property insurance covering the full replacement cost of the Building and other improvements on the Premises. Landlord may, but is not obligated to, maintain such other insurance and additional coverages as it may deem necessary, including, but not limited to, commercial liability insurance or rent loss insurance and earthquake insurance and terrorism insurance, if such insurance is customarily required by lenders with respect to comparable buildings in the market area of the Premises, and if the cost thereof is commercially reasonable. All such insurance shall be included as part of the Operating Expenses charged to Tenant. The Building (and such other improvements) may be included in a blanket policy (in which case the cost of such insurance allocable to the Building and such other improvements will be determined by Landlord based upon the insurer's cost calculations). Tenant shall also reimburse Landlord for any increased premiums or additional insurance which Landlord reasonably deems necessary as a result of Tenant's use of the Premises.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: in the sanction proceedings, the court's prior factual findings in this matter require the court to impose an additional sanction against the Esso Defendants and their former counsel. Having canvassed the literature, both commentary and case law, concerning sanctions, the court has identified few alternatives to the routine monetary sanction of fee shifting. Nevertheless, the court is undeterred from its mission of fashioning an appropriate sanction and is willing to adopt a novel, innovative approach. See, Chambers, 501 U.S. at 44-45. Pursuant to its inherent powers, the court has considered both the imposition of a fine on the Esso Defend al Lumber Co., 417 U.S. 116, 129, 40 L. Ed. 2d 703, 94 S. Ct. 2157 (1974) (same); Lockary v. Kayfetz, 974 F.2d 1166, 1170 (9th Cir. 1992) (<HOLDING>); Titus, 695 F.2d at 749 n. 6 (recognizing the Options: A. recognizing inherent power of courts of appeals B. recognizing courts inherent power to impose sanctions including attorneys fees for conduct that abuses the judicial process C. recognizing the federal courts ability to impose inherent power sanctions on parties D. recognizing the federal courts ability to impose inherent power sanctions to the lawyers firm or employer E. recognizing the inherent power of the courts to issue warrants

assistant: The best answer is D. recognizing the federal courts ability to impose inherent power sanctions to the lawyers firm or employer
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: district. Again, this provision has no bearing on Canon 5(A)(3). That an assistant judge may temporarily perform the duties of a probate judge does not affect the clear import of Canon 5(A)(3), which is concerned with the broader implications of running for one judicial office while performing the duties of another. We thus find no ambiguity in this regard. ¶ 11. Ultimately, respondent maintains that, even if the omission was intentional, the drafters’ departure from the Model Code was “unreasonable” and “does not make any sense.” The argument is essentially a variant of two others. One is that, however unambiguous, Canon 5(A)(3) nevertheless leads to absurd results that the drafters could not have intended. See Chayer v. Ethan Allen, Inc., 2008 VT 45, ¶ 10, 183 Vt. 439, 954 A.2d 783 (<HOLDING>). The other is that Canon 5(A)(3) serves no Options: A. holding that we may look beyond text of statute or rule where plain language is unambiguous but would lead to an absurd result that drafters cannot have intended B. holding that a court can look beyond the statutory language when plain meaning would compel an odd result C. holding that a statute cannot be construed in a manner that would lead to an absurd or unreasonable result D. recognizing a court must look beyond the plain language of a statute when the literal interpretation would lead to an absurd result E. holding that courts adopt statutes interpretation that is supported by statutes plain language if statute is unambiguous unless such interpretation would lead to absurd results

assistant: The best answer is A. holding that we may look beyond text of statute or rule where plain language is unambiguous but would lead to an absurd result that drafters cannot have intended
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: Committee, both with respect to why the hearing was convened and how the hearing was conducted, are essentially claims that his good time credits have been wrongly withheld as a result of the TAC determination and that his continued confinement as a result of that determination is wrongful. Plaintiff may not challenge a loss of good time credits in a § 1983 action, however; he must do so instead in the context of a habeas corpus proceeding. Preiser v. Rodriguez, 411 U.S. 475, 500, 93 S.Ct. 1827, 36 L.Ed.2d 439 (1973). In addition, Preiser requires as a general rule that in this type of ease a plaintiff must have exhausted available state remedies before the federal habeas action is commenced. Preiser, 411 U.S. at 500; see also Ellman v. Davis, 42 F.3d 144, 148-49 (2d Cir.1994) (<HOLDING>), cert. denied 515 U.S. 1118, 115 S.Ct. 2269, Options: A. holding that a federal court may excuse a state habeas petitioners procedural default if the petitioner can show cause for the failure to raise the claim and prejudice resulting from such failure B. holding that a state procedural default will not bar consideration of a federal claim on habeas review unless the last state court rendering a judgment clearly and expressly stated that its judgment rested on a state procedural bar C. holding that if the state court addresses both the procedural default and the merits of a federal claim in the alternative a federal court should apply the state procedural bar and decline to reach the merits of the claim D. holding that a prisoners failure to pursue an appeal in state court is a procedural bar to federal habeas relief unless the petitioner shows both cause for failing to bring the state claim and actual prejudice from the failure to consider his federal claims E. holding that federal review of claims is barred where those claims have been defaulted in state court pursuant to an independent and adequate state procedural rule unless the petitioner can demonstrate cause and prejudice

assistant: The best answer is D. holding that a prisoners failure to pursue an appeal in state court is a procedural bar to federal habeas relief unless the petitioner shows both cause for failing to bring the state claim and actual prejudice from the failure to consider his federal claims
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company shall reimburse the lead Buyer for all reasonable costs and expenses incurred by it or its affiliates in connection with the structuring, documentation, negotiation and closing of the transactions contemplated by the Transaction Documents (including, without limitation, as applicable, all reasonable legal fees of outside counsel and disbursements of Kelley Drye & Warren, LLP, counsel to the lead Buyer (which, for the avoidance of doubt, does not include any amounts due and payable to any Buyer or Kelley Drye & Warren, LLP prior to the date hereof, the “ Prior Expenses ”), any other reasonable fees and expenses in connection with the structuring, documentation, negotiation and closing of the transactions contemplated by the Transaction Documents and due diligence and regulatory filings in connection therewith) (the “ Transaction Expenses ”) and such Transaction Expenses and any remaining Prior Expenses shall be withheld by the lead Buyer from its Purchase Price at the Closing; provided, that the Company shall promptly reimburse Kelley Drye & Warren, LLP on demand for all Transaction Expenses not so reimbursed through such withholding at the Closing. The Company shall be responsible for the payment of any placement agent’s fees, financial advisory fees, transfer agent fees, Depository Trust Company (“ DTC ”) fees or broker’s commissions (other than for Persons engaged by any Buyer) relating to or arising out of the transactions contemplated hereby. The Company shall pay, and hold each Buyer harmless against, any liability, loss or expense (including, without limitation, reasonable attorneys’ fees and out-of-pocket expenses) arising in connection with any claim relating to any such payment. Except as otherwise set forth in the Transaction Documents, each party to this Agreement shall bear its own expenses in connection with the sale of the Securities to the Buyers.

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 case excerpt and choose the best holding from the options. Case excerpt: was more important than his prosecution, considering the context, we can find no error, let alone plain error. That statement related to the evidence of record which showed that Bond’s testimony was gained by virtue of an agreement and that the Government’s star witness had his own credibility problems. Indeed the making of such “judgments” - routine exercises of prosecutorial discretion - commonly form the basis of defense attacks upon the prosecution when an uncharged accomplice cooperates by providing testimony. Since it was obvious to the jury that the Govern ment had charged Brennan, and since they learned from the testimony that the Government had not charged Bond, the prosecutor’s remark conveyed to the jurors no more than they already knew. See Saada, 212 F.3d at 225 (<HOLDING>); Milan, 304 F.3d at 289-90 (holding that it Options: A. holding that prosecutors reference to code of silence among witnesses to shooting not plain error where argument finds support in record B. holding that prosecutors reference to cooperation agreements with government witnesses was not plain error C. holding prosecutors reference to defendant being only witness in courtroom during testimony as tailoring opportunity not plain error D. holding that state prosecutors agreements with defendant not binding on federal prosecutors E. holding that prosecutors reference to the fact that not one white witness has produced contradictory evidence was plain error

assistant: The best answer is B. holding that prosecutors reference to cooperation agreements with government witnesses was not plain error
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 has been duly and validly authorized, executed and delivered on behalf of the Buyer and is a valid and binding agreement of the Buyer enforceable against the Buyer in accordance with its terms, subject as to enforceability to (i) general principles of equity and to applicable bankruptcy, insolvency, reorganization, moratorium, liquidation and other similar laws relating to, or affecting generally, the enforcement of applicable creditors’ rights and remedies and (ii) public policy underlying any law, rule or regulation (including any federal or state securities law, rule or regulation) with regards to indemnification, contribution or exculpation. The execution and delivery of the this Agreement by the Buyer and the consummation by it of the transaction contemplated hereby do not conflict with the Buyer’s certificate of organization or operating agreement or similar documents, and do not require further consent or authorization by the Buyer, its managers or its members .

assistant: Enforcements
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: informing Upward Bound staff that Upward Bound may be in violation of the WIA for using funds on college preparatory classes, and that use of funds for this purpose was unfair to other programs. Anthoine maintains that this speech is protected by the First Amendment because it was made as a citizen involving a matter of public concern, namely the proper and efficient expenditure of public funds. The Court disagrees. Anthoine’s statements made to Freeman regarding NCCC’s purported failure to provide updated client information to the state are not protected by the First Amendment. This is so because An-thoine uttered the speech as an employee pursuant to his official duties, not as a private citizen speaking on a matter of public concern. See Ceballos, 547 U.S. at 421-24, 126 S.Ct. 1951 (<HOLDING>). Although Anthoine initiated his Options: A. holding that under the first amendment speech can be pursuant to a public employees official job duties even though it is not required by or included in the employees job description or in response to a request by the employer B. holding that probation department employees are not county employees C. holding that the first amendment does not prohibit managerial discipline based on an employees expressions made pursuant to official responsibilities D. holding that the plaintiffs first amendment retaliation claims are deficient because in each case the incidents upon which plaintiffs base their pleadings concerned personal grievances expressed as employees generally relating to their official duties work schedules working conditions or employer administrative policies and internal operations rather than to any matters of public concern raised by plaintiffs as private citizens E. holding that when public employees make statements pursuant to their official duties the employees are not speaking as citizens for first amendment purposes and the constitution does not insulate their communications from employer discipline

assistant: The best answer is E. holding that when public employees make statements pursuant to their official duties the employees are not speaking as citizens for first amendment purposes and the constitution does not insulate their communications from employer discipline
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.2d at 395-96 (parties’ prior course of dealing on hundreds of occasions, involving receipt and payment of invoices which all included limitation of liability provisions, supplemented their oral contract which was silent as to limitation of liability); but cf. Argo Welded Prod., 528 F.Supp. at 592 (declining to find that limitation of liability was incorporated into parties’ agreement based solely on prior course of dealing on at least five prior occasions during which standard printed delivery receipts containing limitation of liability clause were issued to purchaser and signed by its agent, who admitted that he was familiar with the form, but finding a binding agreement based on signature of agent); Kunststoffwerk Alfred Huber v. R.J. Dick, Inc., 621 F.2d 560, 564-65 (3d Cir.1980) (<HOLDING>). With regard to establishing trade usage, the Options: A. holding that course of dealing may render uncertain terms sufficiently definite B. holding that the trial court erred by imposing a duty of good faith on seattlefirst in relation to a course of dealing when that course of dealing conflicted with the express terms of the contract C. holding that claim for breach of good faith and fair dealing was precluded but only because there was not an express agreement between the parties D. holding that the parties relationship was not lengthy enough to establish an ordinary course of dealings as the first transaction between the parties was subject to the preference action E. recognizing that course of dealing may establish limitation of damages as part of parties bargain in fact but finding record was devoid of any evidence to establish a prior course of dealing between parties

assistant: The best answer is E. recognizing that course of dealing may establish limitation of damages as part of parties bargain in fact but finding record was devoid of any evidence to establish a prior course of dealing between parties
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Court would apply the same analysis to the stipulated facts of this ease. When a priest molested a child during a policy year, there was both bodily injury and an occurrence, triggering policy coverage. All further molestations of that child during the policy period arose out of the same occurrence. When the priest molested the same child during the succeeding policy year, again there was both bodily injury and an occurrence. Thus, each child suffered an “occurrence” in each policy period in which he was molested. See Diocese of Winona v. Interstate Fire & Casualty Co., 841 F.Supp. 894, 898-99 (D.Minn.1992) (accepting that the church’s negligent supervision of a priest can constitute an occurrence during each policy period in which a child was molested); Cole, 599 So.2d at 1075-80 (<HOLDING>); Houston, 506 So.2d at 150 (“It is reasonable Options: A. holding that policy limits are not a defense to coverage and that policy limits define the amount of coverage B. holding that policy coverage is triggered in each year that the plaintiff inhaled asbestos C. holding that the plaintiffs asserted legal basis for coverage is irrelevant to the determination of whether the insurance policy provides coverage and instead looking to the facts underlying the claim for coverage D. holding claims alleging misrepresentation do not fall within the coverage of a comprehensive general liability policy and thus the duty to defend is not triggered E. recognizing that coverage could be triggered by need to prevent imminent contamination of groundwater

assistant: The best answer is B. holding that policy coverage is triggered in each year that the plaintiff inhaled asbestos
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 Lender and the Tranche Three Lender each hereby irrevocably appoints, designates and authorizes the Agent to take such action on its behalf under the provisions of this Agreement and each other Loan Document and to exercise such powers and perform such duties as are expressly delegated to it by the terms of this Agreement or any other Loan Document, together with such powers as are reasonably incidental thereto. Notwithstanding any provision to the contrary contained elsewhere in this Agreement or in any other Loan Document, the Agent shall not have any duty or responsibility except those expressly set forth herein, nor shall the Agent have or be deemed to have any fiduciary relationship with the Lender or the Tranche Three Lender , and no implied covenants, functions, responsibilities, duties, obligations or liabilities shall be read into this Agreement or any other Loan Document or otherwise exist against the Agent.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Fractional shares of Stock resulting from any adjustment in Awards pursuant to this Section 10(b) may be settled in cash or otherwise as the Board determines. The Company will give notice of any adjustment to each Participant who holds an Award that has been adjusted and the adjustment (whether or not such notice is given) will be effective and binding for all Plan purposes.

assistant: Notices