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: of any such weapon; any firearm muffler or firearm silencer; any destructive device; o , that where, as in the instant case, there is no evidence that the firearm was discharged or used to put the victim in fear, it does not qualify as a deadly weapon as a matter of law. As the State properly noted, both below and on appeal, this is not the law. See Riggins v. State, 557 So.2d 185 (Fla. 3d DCA 1990) (affirming conviction for aggravated battery, finding that a firearm used to strike the victim is a “deadly weapon”); Dawson v. State, 338 So.2d 242, 243 n. 2 (Fla. 3d DCA 1976) (“We note that a gun may be used as a club, stick or bludgeon, and thus is a deadly weapon in this capacity as well as in discharging bullets.”); Wade v. Wainwright, 266 So.2d 378, 378-79 (Fla. 4th DCA 1972) (<HOLDING>). Because we conclude that the trial court Options: A. holding that failure to give lesserincluded charge of simple assault as lesserincluded offense of aggravated assault on police officer was reversible error B. holding that aggravated assault was not a lesser included offense in prosecution for armed burglary attempted robbery and use of a firearm in the com mission of a felony because the allegation in the information that the accused carried a firearm was insufficient to charge the elements of aggravated assault C. holding that pistolwhipping the victim about the head constituted the offense of aggravated assault D. holding the harmed victim need not be the victim of the offense of conviction E. holding that that the trial court erred when it determined that firstdegree sexual offense was an aggravated offense

assistant: The best answer is C. holding that pistolwhipping the victim about the head constituted the offense of aggravated assault
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: identification of Respondent would generally be sufficient to establish probable cause. See Escobedo, 623 F.2d at 1102 (relying on deposition of victim identifying petitioner after being shown a single photograph of petitioner in upholding finding of probable cause); see also Cervantes Valles, 268 F.Supp.2d at 773 (“In the domestic law enforcement context, an ordinary citizen’s eyewitness account of criminal activity and identification of a perpetrator is normally regarded as sufficient to supply probable cause.”) (citing Burbridge, 252 F.3d at 778). 3. Credibility of witnesses Respondent also questions the credibility of the witnesses that provided statements to Mexican law enforcement. However, as discussed above, “an accused in an extradition hearing has 1131 (C.D.Cal.2005) (<HOLDING>). Here, a witness’s lack of credibility may be Options: A. holding that evidence not submitted to the district court cannot be part of the record on appeal B. holding that the government may not introduce evidence obtained through violations of the fourth amendment C. holding that respondent could not challenge the veracity or validity of a witnesss statement because a fugitive in international extradition proceedings is not permitted to introduce evidence that contradicts the evidence submitted by the requesting country D. holding that the admission of a report was not hearsay because it was not offered to prove its truth but to impeach the veracity of the witnesss direct testimony E. holding that trial court erred by not allowing the plaintiff to introduce evidence of prior dealings with the defendant

assistant: The best answer is C. holding that respondent could not challenge the veracity or validity of a witnesss statement because a fugitive in international extradition proceedings is not permitted to introduce evidence that contradicts the evidence submitted by the requesting country
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: EACH BORROWER SHALL INDEMNIFY AND HOLD HARMLESS THE INDEMNITEES AGAINST ANY CLAIMS THAT MAY BE INCURRED BY OR ASSERTED AGAINST ANY INDEMNITEE, INCLUDING CLAIMS ASSERTED BY ANY OBLIGOR OR OTHER PERSON OR ARISING FROM THE NEGLIGENCE OF AN INDEMNITEE. In no event shall any party to a Loan Document have any obligation thereunder to indemnify or hold harmless an Indemnitee with respect to a Claim that is determined in a final, non-appealable judgment by a court of competent jurisdiction to result from the gross negligence or willful misconduct of such Indemnitee.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The outstanding principal balance of this Note shall bear interest (computed on the basis of a 360-day year, actual days elapsed) either (i) at a fluctuating rate per annum determined by Bank to be one and one quarter percent (1.25%) above Daily One Month LIBOR in effect from time to time, or (ii) at a fixed rate per annum determined by Bank to be one and one quarter percent (1.25%) above LIBOR in effect on the first day of the applicable LIBOR Period. Bank is hereby authorized to note the date, principal amount and interest rate applicable thereto and any payments made thereon on Bank's books and records (either manually or by electronic entry) and/or on any schedule attached to this Note, which notations shall be prima facie evidence of the accuracy of the information noted.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement, that certain Confidentiality Agreement, dated as of July 3, 2016, by and between the Company and Leonard Green & Partners, L.P., that certain Shareholders’ Agreement, dated as of the date hereof, by and between the Company and the Purchaser (the “ Shareholders’ Agreement ”) and the Investment Agreement are intended by the parties as a final expression of their agreement, and are intended to be a complete and exclusive statement of the agreement and understanding of the parties hereto in respect of the subject matter contained herein and therein. There are no restrictions, promises, warranties or undertakings, other than those set forth or referred to herein and therein, with respect to the registration rights granted by the Company with respect to Registrable Securities. This Agreement, together with the Investment Agreement and the Shareholders’ Agreement, supersedes all prior agreements and understandings between the parties with respect to such subject matter. Notwithstanding the foregoing, this Agreement shall not supersede the transfer restrictions in the Shareholders’ 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 legal provision and list the applicable contract clause categories. Provision: The Executive’s receipt of any consideration under this Agreement pursuant to Sections 7 or 8, other than the Accrued Obligations, is expressly conditioned on his execution and non-revocation of a separation agreement acceptable to the Corporation to be provided to the Executive at the time of separation that contains reasonable and customary provisions, consistent with past practice, including a general release and waiver of claims against the Corporation and its Affiliates and other related parties in respect of his employment, other than those arising under this Agreement or under the terms of the Corporation’s charter and bylaws respecting indemnification; provided, however, that if a payment represents deferred compensation under Code Section 409A, and the period in which the Executive is required to execute, submit and not revoke a release of claims against the Corporation begins in a first taxable year and ends in a second taxable year, any payment to which the Executive would be entitled hereunder will be paid in the second taxable year, but no later than the end of the payment period specified in the separation agreement.

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: If necessary to enable any enforcement action undertaken by either Party, the Parties agree to be joined as parties to such enforcement action. Each Party agrees to cooperate reasonably in any action under this Article 7 which is controlled by the other Party, provided that the controlling party reimburses the cooperating party for any costs and expenses incurred by the cooperating party in connection with providing such assistance, except for the expense of any independent counsel retained by BIDMC in accordance with Section 7.3. Such controlling party shall keep the cooperating party informed of the progress of such proceedings and shall make its counsel available to the cooperating party. The cooperating party shall also be entitled to independent counsel in such proceedings but at its own expense, said expense to be offset against any damages received by the Party bringing suit in accordance with Section 7.6.

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 legal provision and list the applicable contract clause categories. Provision: This Guaranty shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors, permitted assigns, heirs and legal representatives. Landlord shall have the right to assign or transfer its rights under this Guaranty. Any assignee or transferee of Landlord shall be entitled to all the benefits afforded to Landlord under this Guaranty. No Guarantor shall have the right to assign or transfer its rights or obligations under this Assignment without the prior written consent of Landlord, and any attempted assignment without such consent shall be null and void.

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: the government’s petition for his commitment.”). But, as the majority recognizes, the district court stopped short of making a constitutional ruling. Instead, without finding any ambiguity in the language of the statute, the district court sought to remedy a constitutional problem through an unsupportable reading of the statutory scheme. That error compels us to vacate the district court’s order and remand. Additionally, as pointed out by the majority, while the constitutional due process concerns may persist, they were not identified by Respondents, who failed to raise an as-applied due process challenge to the statute. This itself counsels us to avoid passing on the issue in the first instance. See Singleton v. Wulff, 428 U.S. 106, 120-21, 96 S.Ct. 2868, 49 L.Ed.2d 826 (1976) (<HOLDING>). I recognize that “there are circumstances in Options: A. recognizing the general rule that a court of appeals will not consider an issue raised for the first time on appeal B. holding that an issue raised for the first time on appeal will not be considered by this court C. holding that an issue not raised in the trial court cannot be raised for the first time on appeal D. holding that as a general rule this court will not consider an issue that was not raised below E. holding that generally appellate courts will not review an issue raised for the first time on appeal

assistant: The best answer is A. recognizing the general rule that a court of appeals will not consider an issue raised for the first time on appeal
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: in order to access certain features of the site and services and to post any member content on the site or through the services you must register to create an account ( `` account '' ) and become a member .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall become effective immediately prior to the Closing of the Transaction, contingent upon the completion of the Transaction. If the Transaction is not consummated, the Options will not be canceled, will remain in full force and effect pursuant to their terms (including vesting requirements without any acceleration), and will not be affected or modified in any respect. In the event that the Asset Purchase Agreement is terminated prior to the Closing for any reason, this Agreement will terminate and be of no further force or effect and Optionholder’s rights under the Options will remain subject to all of the provisions of the plan under which the Options were issued and the applicable option agreements between the Company and the Optionholder.

assistant: Effectiveness
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 agency, see Vt. Stat. Ann. tit. 3, § 801(b)(2) (defining a “contested case” as “a proceeding ... in which the legal rights, duties, or privileges of a party are required by law to be determined by an agency after an opportunity for hearing”), in which the APA rulemaking procedures did not apply. See In re Petition of Telesystems Corp., 143 Vt. 504, 469 A.2d 1169, 1173 (1983) (assuming that rulemaking procedures do not apply to an adjudicative decision made within the context of a contested case). In this case, however, Zurich never submitted its policy forms to VDBI, and VDBI never had an opportunity to approve or disapprove them. Thus, because there has been no agency action with respect to the Zurich policies, this appeal does not involve a contested case. Cf. id. at 1172-73 (<HOLDING>). Instead, Maska asks us to treat VDBI’s Options: A. holding that the point on appeal and the objection in the trial court must be the same in order for it to be preserved for appeal B. holding that a policy statement in a public service board order was intended to apply solely to the case on appeal and thus did not constitute rulemaking C. holding that the district court was authorized to remand the proceedings to the board where the board failed to make required findings D. holding that the plain meaning of the uim policy language was clear and not contrary to public policy E. holding that the board did not abuse its discretion by dismissing an untimely appeal where the appellant failed to respond to a board order to show cause

assistant: The best answer is B. holding that a policy statement in a public service board order was intended to apply solely to the case on appeal and thus did not constitute rulemaking
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 Eighth Amendment will become effective only upon its full execution and delivery by Landlord and Tenant. This Eighth Amendment contains the parties’ entire agreement regarding the subject matter covered herein, and supersedes all prior correspondence, negotiations, and agreements, if any, whether oral or written, between the parties concerning such subject matter. There are no contemporaneous oral agreements, and there are no representations or warranties between the parties not contained in this Eighth Amendment. In all respects, except as specifically amended hereby, the terms and conditions of the Lease remain in full force and effect and unabated and the Lease, as amended by this Eighth Amendment, will be binding upon and will inure to the benefit of the parties hereto, their successors and permitted assigns.

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: that express advocacy existed only because the advertisement “explicitly exhorted” voters to defeat then-President Carter. Thus, there is no doubt the Commission understands that its position that no words of advocacy are required in order to support its jurisdiction runs directly counter to Supreme Court precedent. II. In the face of the unequivocal Supreme Court and other authority discussed, an argument such as that made by the FEC in this case, that “no words of advocacy are necessary to expressly advocate the election of a candidate,” simply cannot be advanced in good faith (as the disingenuousness in the FEC’s submissions attests), much less with “substantial justification.” See e.g., Pierce v. Underwood, 487 U.S. 552, 568-71, 108 S.Ct. 2541, 2551-53, 101 L.Ed.2d 490 (1988) (<HOLDING>). It may be that “[images and symbols without Options: A. holding that the vas position was substantially justified even though the regulation on which it relied was invalidated as exceeding its statutory authority B. recognizing that in those cases where the jurisdictional facts are intertwined with the facts central to the merits of the dispute it is the better view that the entire factual dispute is appropriately resolved only by a proceeding on the merits citations omitted C. holding that if a motion implicates the merits of a cause of action the district court should find jurisdiction exists and treat the objection as a direct attack on the merits of the plaintiffs case D. recognizing that sanctions are collateral to the merits of the case and may be considered even after the merits are no longer before the district court E. holding that views expressed by other courts on the merits and in particular a string of losses together with the actual merits of the governments litigating position are central to issue of whether position was substantially justified

assistant: The best answer is E. holding that views expressed by other courts on the merits and in particular a string of losses together with the actual merits of the governments litigating position are central to issue of whether position was substantially justified
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as set forth in the SEC Reports and other than the transactions contemplated hereby , none of the officers or directors of the Company or any Subsidiary and, to the knowledge of the Company, none of the employees of the Company or any Subsidiary is presently a party to any transaction with the Company or any Subsidiary (other than for services as employees, officers and directors), including any contract, agreement or other arrangement providing for the furnishing of services to or by, providing for rental of real or personal property to or from providing for the borrowing of money from or lending of money to, or otherwise requiring payments to or from any officer, director or such employee or, to the knowledge of the Company, any entity in which any officer, director, or any such employee has a substantial interest or is an officer, director, trustee, shareholder, member or partner, in each case in excess of $120,000, other than for: (i) payment of salary or consulting fees for services rendered, (ii) reimbursement for expenses incurred on behalf of the Company and (iii) other employee benefits, including stock option and restricted stock unit agreements under any equity incentive plan of the Company.

assistant: Transactions With Affiliates
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: alleges that the defendants unnecessarily and unreasonably used not only excessive force against him, but also deadly force. He asserts that the latter type of force was used when Officer Quinn ordered the police canine to attack him. In Tennessee v. Garner, 471 U.S. 1, 105 S.Ct. 1694, 85 L.Ed.2d 1 (1985), the Supreme Court held that a police officer may not use deadly force "unless it is necessary to prevent escape and the officer has probable cause to believe that the suspect poses a significant threat of death or serious physical injury to the officer or others." Id. at 3, 105 S.Ct. 1694. Thus, where a suspect threatens an officer with a weapon such as a gun or a knife, the officer is justified in using deadly force. See, e.g., Billington v. Smith, 292 F.3d 1177, 1185 (9th Cir.2002) (<HOLDING>); Reynolds v. County of San Diego, 84 F.3d Options: A. holding that an officer may use deadly force when a fleeing suspect threatens the officer with a weapon B. recognizing that deadly force is only justified where a suspect poses an immediate threat C. holding that use of deadly force was justified when suspect in vehicle repeatedly refused orders to raise his hands and the officer perceived that he was holding something D. holding that deadly force was justified where a suspect violently resisted arrest physically attacked the officer and grabbed the officers gun E. holding that deadly force was unreasonable where the suspect possessed a gun but was not pointing it at the officers and was not facing the officers when they shot

assistant: The best answer is D. holding that deadly force was justified where a suspect violently resisted arrest physically attacked the officer and grabbed the officers gun
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 number of PSUs awarded in Section 1.1 vesting, if any, shall be determined as of the PSU Vesting Date. That number will be determined based on the level of attainment of the Performance Goals for the Performance Period, in accordance with the schedule determined by the Committee at the time the Performance Goals for the Performance Measure are established by the Committee.

assistant: Vesting
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: or statutorily mandated.” In addition, section 27.702(2), Florida Statutes (2005), provides: “The capital collateral regional counsel shall represent persons convicted and sentenced to death within the region in collateral postconviction proceedings, unless a court appoints or permits other counsel to appear as counsel of record.” Finally, sec tion 924.066(3), Florida Statutes (2005), provides: “A person in a noncapital case who is seeking collateral review under this chapter has no right to a court-appointed lawyer.” Thus, a criminal defendant is constitutionally entitled to representation at trial and on direct appeal and is statutorily entitled to counsel in all collateral relief proceedings when under a sentence of death. See Spalding v. Dugger, 526 So.2d 71, 72 (Fla.1988)(<HOLDING>). There is, however, no statutory entitlement Options: A. holding that booker does not apply retroactively to collateral proceedings under 2255 B. holding that a parents statutory right to counsel in termination proceedings guarantees the right to effective counsel C. holding no right to counsel for capital defendants in state habeas proceedings D. recognizing the doctrine of collateral estoppel in agency proceedings E. holding that under section 27702 each defendant under sentence of death is entitled as a statutory right to effective legal representation by the capital collateral representative in all collateral relief proceedings

assistant: The best answer is E. holding that under section 27702 each defendant under sentence of death is entitled as a statutory right to effective legal representation by the capital collateral representative in all collateral relief proceedings
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Borrower and each of its Restricted Subsidiaries owns beneficially, or has the legal right to use, all United States and foreign patents, patent applications, trademarks, trademark applications, trade names, copyrights, and rights in know-how and trade secrets necessary for each of them to conduct its business as currently conducted (the “ Intellectual Property ”) except for those the failure to own or have such legal right to use would not be reasonably expected to have a Material Adverse Effect. Except as provided on Schedule 5.9 , no claim has been asserted and is pending by any Person against the Borrower or any of its Restricted Subsidiaries challenging or questioning the use of any such Intellectual Property or the validity or effectiveness of any such Intellectual Property, nor does the Borrower know of any such claim, and, to the knowledge of the Borrower, the use of such Intellectual Property by the Borrower and its Restricted Subsidiaries does not infringe on the rights of any Person, except for such claims and infringements which in the aggregate, would not be reasonably expected to have a Material Adverse Effect.

assistant: Intellectual Property
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: Pay upon demand (i) all Loan closing costs; (ii) all Loan fees; (iii) all inspection fees, filing and recording fees, and filing and recording taxes; and (iv) all out-of-pocket expenses incurred by Lender in connection with the preparation of Loan documents, the making of the Loan, and the management and oversight of the Loan, including Lender's reasonable attorneys' fees for Lender's outside counsel.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: to be given to the testimony, and the reasonable inferences to be drawn from the evidence. Knutson, 121 Idaho at 104, 822 P.2d at 1001; State v. Decker, 108 Idaho 683, 684, 701 P.2d 303, 304 (Ct.App.1985). Moreover, we will consider the evidence in the light most favorable to the prosecution. Herrera-Brito, 131 Idaho at 385, 957 P.2d at 1101; Knutson, 121 Idaho at 104, 822 P.2d at 1001. The former conviction relied upon to invoke the persistent violator enhancement must be alleged in the indictment or information and proved at trial. State v. Medrain, 143 Idaho 329, 332, 144 P.3d 34, 37 (Ct.App.2006); State v. Cheatham, 139 Idaho 413, 416, 80 P.3d 349, 352 (Ct.App.2003); State v. Martinez, 102 Idaho 875, 880, 643 P.2d 555, 560 (Ct.App.1982). Thus, the state is required to estab 23) (<HOLDING>). The above-mentioned cases illustrate that a Options: A. holding that where the court records in the present case and the records in a previous conviction reflected the same name and date of birth as well as a signature and the defendant did not object that he was not the same person as had been previously convicted the evidence was sufficient to support his conviction B. holding that evidence of the same name the fact that the previous conviction occurred in precinct of defendants residence and that although the defendant testified he did not deny that he was the person described in the record of the previous conviction was sufficient to establish identity C. holding that evidence of the same rather unusual name that the former conviction was in same county and city as the present case where evidence showed defendant lived and that the character of offenses was the same was sufficient to establish identity D. holding that evidence of the same name and that the former conviction was in same city and same court as the present case and the fact that the defendant did not offer any testimony to rebut the prima facie evidence of identity was sufficient to establish identity E. holding that although the social security number in the information and the social security numbers in the previous convictions did not match the rest of the identifying information the first and last name and date of birth did match and was sufficient to establish the defendants identity particularly in light of the fact that the defendant did not claim he was not the individual named in the previous convictions

assistant: The best answer is B. holding that evidence of the same name the fact that the previous conviction occurred in precinct of defendants residence and that although the defendant testified he did not deny that he was the person described in the record of the previous conviction was sufficient to establish identity
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: provision of § 903, and so is an exception to it. The terms of § 903 clarify that the remedies of “[t]his chapter” (i.e., Chapter 9) do not alter the ordinary powers that states have over their municipalities. This provision, together with § 904, “carries] forward doctrines of federal common law that had governed municipal insolvency before the first federal act, as well as the constitutional principle against federal interference in state and local governance.” McConnell & Picker, 60 U. Chi. L.Rev. at 462-63 (footnote omitted). “The effect is to preserve the power of political authorities to set their own domestic spending priorities, without restraint from the bankruptcy court.” Id.; cf. City of East St. Louis v. United States, 110 U.S. 321, 324, 4 S.Ct. 21, 28 L.Ed. 162 (1884) (<HOLDING>). Relying on the context of § 903, the Options: A. holding that the right to control the means by which the work is accomplished is clearly the most significant test of the employment relationship and observing that many of the other factors enumerated in the restatement second are merely evidentiary indicia of the right to control B. holding that the right to control is measured by considering 1 the independent nature of the workers business 2 the workers obligation to furnish necessary tools supplies and materials to perform the job 3 the workers right to control the progress of the work except as to the final results 4 the time for which the worker is employed and 5 the method of payment whether by unit of time or by the job C. holding that no court has the right to control the discretion of municipal authorities as to what expenditures are proper and necessary for the municipal administration D. holding authority to control limits duty to control E. holding that the county has no control over a prosecutors nonsalary expenditures that do not exceed his budget because it would be incongruous to permit county government to control the operations and functions of the prosecutor a constitutional officer entrusted with awesome duties of vast importance to the public

assistant: The best answer is C. holding that no court has the right to control the discretion of municipal authorities as to what expenditures are proper and necessary for the municipal administration
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: by law, and, in doing so, indicated he considered defendant’s accountability in the murder in aggravation. Evidence of other criminal conduct is admissible at sentencing, even though a defendant has previously been acquitted of that conduct. See People v. Jackson, 149 Ill. 2d 540, 549-50, 599 N.E.2d 926, 930 (1992) (noting in dicta a majority of jurisdictions permit introduction of evidence of other criminal conduct at sentencing regardless of defendant’s acquittal of that conduct); In re Nau, 153 Ill. 2d 406, 426, 607 N.E.2d 134, 143-44 (1992) (evidence of criminal conduct admissible at subsequent civil commitment hearing despite previous acquittal of the criminal charge, following Jackson); see also United States v. Watts, 519 U.S. 148, 136 L. Ed. 2d 554, 117 S. Ct. 633 (1997) (<HOLDING>); but see People v. Damnitz, 269 Ill. App. 3d Options: A. holding that the district court could constitutionally consider the acquitted conduct in rico sentencing B. holding sentencing courts may consider evidence of conduct or charges of which a defendant was acquitted C. holding that a district court may not impose a sentencing enhancement based on conduct of which the jury acquitted the defendant D. holding that criminal conduct of which defendant is acquitted may be used as sentencing factor if proved by preponderance of the evidence E. holding that a sentencing court may consider acquitted conduct or uncharged criminal conduct

assistant: The best answer is B. holding sentencing courts may consider evidence of conduct or charges of which a defendant was acquitted
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: retroactive effect.” Jahn v. 1-800-FLOWERS.com, Inc., 284 F.3d 807, 810 (7th Cir.2002). In addition, the question of retroactivity does not arise in an FCC ruling that is merely interpretive. See Manhattan General Equip. Co. v. Commissioner, 297 U.S. 129, 135, 56 S.Ct. 397, 80 L.Ed. 528 (1936) (explaining that agency ruling interpreting statute “is no more retroactive in its operation than is a judicial determination construing and applying a statute to a case in hand”); Farmers Telephone Co., Inc. v. Federal Communications Commission, 184 F.3d 1241, 1250 (10th Cir.1999); McKenzie v. Bowen, 787 F.2d 1216, 1222 (8th Cir.1986) (“An interpretive rule ... clarifies or explains existing law or regulations.”); Borden, Inc. v. National Labor Relations Board, 19 F.3d 502, 510 (10th Cir.1994) (<HOLDING>). Second, the FCC order on remand did not alter Options: A. holding that an unpublished bia decision that does not rely on precedent for its definition of a contested term does not receive chevron deference because it is not promulgated under the agencys authority to make rules carrying the force of law B. holding that there are no retroactivity concerns when agencys ruling does not overrulef any controlling precedent upon which petitioner relied to its detriment C. holding that a plan administrator cannot support its argument on appeal with a fact not relied upon in its initial coverage determination D. holding an allegation sufficient under rule 9b that the plan and the participants acting on behalf of the plan relied upon and are presumed to have relied upon defendants representations and nondisclosures to their detriment E. recognizing a state agencys powers are limited to 1

assistant: The best answer is B. holding that there are no retroactivity concerns when agencys ruling does not overrulef any controlling precedent upon which petitioner relied to its detriment
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: UMBC adopted a policy that addresses Plaintiffs’ facial constitutional challenge, namely by revising the policy to no longer allow university administrators to relocate an event for any reason. Additionally, and more importantly in light of the Fourth Circuit’s reasoning in Valero, there is no evidence in the record that UMBC has any intention to reenact its former Policy on Facilities Use. “Defendants have made the [revised Policy on Facilities Use] as public and as permanent as possible” by formally changing the policy, alerting the Court to the revision, and updating their public website to include the revised policy. Alpha Iota Omega Christian Fraternity v. Moeser, No. 1:04CV00765, 2006 WL 1286186, at *4, 2006 U.S. Dist. LEXIS 28065, at *16 (M.D.N.C. May 4, 2006) (unpublished) (<HOLDING>). Accordingly, Plaintiffs’ motion for summary Options: A. recognizing that it is not essential for there to be a direct threat of litigation in order to invoke the declaratory judgment act B. holding that where the question to be resolved in the declaratory judgment action will be decided in a pending action it is inappropriate to grant a declaratory judgment C. holding that a court may reach the merits in a declaratory judgment action when an agency decision although a notice or advisory opinion can affect property uses D. recognizing that the court would be engaging in purely advisory theoretical analysis if it were to enter a declaratory judgment on the constitutionality of a nonexistent policy and refusing to do so at 4 2006 us dist lexis 28065 at 2627 E. recognizing that the declaratory judgment act is procedural in nature and not an extension of federal court jurisdiction

assistant: The best answer is D. recognizing that the court would be engaging in purely advisory theoretical analysis if it were to enter a declaratory judgment on the constitutionality of a nonexistent policy and refusing to do so at 4 2006 us dist lexis 28065 at 2627
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: proceeds from its sale of approximately 200,000 ICOHA Shares.” Ellipso I at 4. At oral argument, counsel for the defendants was asked specifically whether it was true that Mann Technologies had no significant assets other than the disputed shares. He responded that, “At the time [of the injunction], your Hon- or, that was [ ] correct.” Recording of Oral Argument at 7:37. Given that Mann Technologies had no other assets from which Ellipso might .S. 282, 289-90, 61 S.Ct. 229, 85 L.Ed. 189 (1940) (permitting an injunction freezing assets because it assisted the ultimate equitable relief of rescission). If Ellipso had in fact affirmed the loan agreement, Ellipso’s sole remedy for fraud in the inducement of that contract would have been damages — a legal remedy, see Dean, 779 A.2d at 915 (<HOLDING>); it would have been unable to show the Options: A. holding a party seeking mandamus must serve the party against whom relief is sought B. holding elements of rescission are 1 C. holding for rescission of contract for sale of land that mistake must be such that it animated and controlled the conduct of the party D. holding that party affirming contract is precluded from later seeking rescission E. holding that a party is precluded from claiming attorneys fees under a contract which has been found to have never existed

assistant: The best answer is D. holding that party affirming contract is precluded from later seeking rescission
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: to the maximum extent permitted by applicable law , this limitation applies to all claims , whether based on warranty , contract , tort , or any other legal theory , whether or not under armour has been informed of the possibility of such damage , and further where a remedy set forth herein is found to have failed its essential purpose .

assistant: Limitation of liability
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: taxes. Leger did not avail himself of any of these opportunities, and as a result, the department attached a lien to his property. Accordingly, it was only through Leger’s refusal to pay the assessed taxes or to post some security for the payment of the assessed taxes that his real property was attached. Leger cannot now argue that he is entitled to different procedural rights from those afforded to taxpayers who pay their assessments or post bond and then argue the validity of the tax through the abatement process. We conclude that the due process rights of Leger, like any other taxpayer, can be satisfied by postdeprivation proceedings. Although the attachment of a tax lien to his property may result in some hardship to Leger, cf. Bob Jones Univ. v. Simon, 416 U.S. 725, 747 (1974) (<HOLDING>), he is not in a position significantly Options: A. holding that a nonprofit hospital may not be a local public entity entitled to utilize the act and its oneyear limitations period if the hospital was not found to have conducted public business B. recognizing the financial position of the defendant as a factor in assessing a punitive damages award C. holding that whether pleadings fail to state a cause of action may not be resolved by summary judgment D. recognizing that statute of limitations questions may be resolved on a motion to dismiss E. recognizing precarious financial position which may be faced by nonprofit entity while tax dispute is resolved

assistant: The best answer is E. recognizing precarious financial position which may be faced by nonprofit entity while tax dispute is resolved
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 Foote Street at issue, however, does not establish abandonment. Stecklein v. City of Cascade, 693 N.W.2d 335, 340-41 (Iowa 2005) (“[T]he failure of a small town to improve a street ‘before public convenience requires it, will not amount to either an abandonment or an estoppel.’ ” (quoting Kuehl v. Town of Bettendorf, 179 Iowa 1, 161 N.W. 28, 31 (1917))); see also Wolfe v. Kemler, 228 Iowa 733, 293 N.W. 322, 325 (1940) (noting that not “ ‘all the streets shown upon the plat will be immediately opened and used. It is generally known and understood that a large portion of them will not be required for use for many years after the town is laid out (quoting Meier v. Portland Cable Ry. Co., 16 Or. 500, 19 P. 610, 614 (1888))). Similarly, in the case bef , 147 N.W.2d 218, 223 (1966) (<HOLDING>). Based on the above, plaintiffs have, Options: A. holding that where vehicular travel in an alley was very rare and the town had neglected to mow the weeds or plow out the snow there was nothing to establish relinquishment of permanent control or ownership B. holding that ownership or possession or actual control is needed C. holding that security interest was not perfected since debtor conducted business only in one town in the state and creditor did not file financing statement in that town D. holding that a town was not liable as an operator where it entered into a lease with private parties for the disposal of septic tank and cesspool waste but the plaintiffs offered no evidence to suggest that the town carried out disposal activities at the site provided personnel equipment or supplies had or exerted any control over the activities or management at the site E. holding that in a city or town a sidewalk is that part of a street or highway that is intended or used by pedestrians

assistant: The best answer is A. holding that where vehicular travel in an alley was very rare and the town had neglected to mow the weeds or plow out the snow there was nothing to establish relinquishment of permanent control or ownership
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: Buck employees by making it appear that their employment would continue uninterrupted at ACS. Second, it made the acquisition of Buck more appealing to ACS, because ACS knew that it could immediately slash costs by eliminating 100 of the employees it had agreed to employ. The existence of such a scheme — seemingly perfectly orchestrated to ensure that MFC would not have to pay, directly or indirectly, the cost of certain promised benefits — • is surely evidence that a reasonable fact-finder could deem relevant to whether MFC’s conflict of interest affected its decision to deny Howley’s claim. Nonetheless, the district court afforded more weight to this evidence than is appropriate when deciding a motion for summary judgment. See Nolan v. Heald Coll., 551 F.3d 1148, 1155 (9th Cir.2009) (<HOLDING>). It' is uncontested that Buck’s managers Options: A. holding that the nonmoving party must present specific evidence from which a reasonable jury could return a verdict in its favor B. holding that the nonmoving party must produce more than a scintilla of evidence to survive summary judgment C. recognizing that nonmoving party must present affirmative evidence to defeat summary judgment D. holding that a court considering evidence outside of the administrative record because of its relevance to a conflict of interest must still construe that evidence in favor of the nonmoving party for the purposes of summary judgment E. holding that when deciding a motion for judgment on the pleadings the court must construe the material allegations in the complaint in favor of the nonmoving party as true

assistant: The best answer is D. holding that a court considering evidence outside of the administrative record because of its relevance to a conflict of interest must still construe that evidence in favor of the nonmoving party for the purposes of summary judgment