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: alleged prejudice stems from the unavailability of witnesses, the Fourth Circuit explained in Jones what type of evidence is typically required: “[Cjourts have generally required that the defendant identify the witness he would have called; demonstrate, with specificity, the expected content of that witness’ testimony; establish to the court’s satisfaction that he has made serious attempts to locate the witness; and, finally, show that the information the witness would have provided was not available from other sources.” 94 F.3d at 908; see also U.S. v. Cornielle, 171 F.3d 748, 752 (2nd Cir.1999) (recognizing that actual prejudice “is commonly demonstrated by the loss of documentary evidence or the unavailability of a key witness”); U.S. v. Scoggins, 992 F.2d 164, 167 (8th Cir.1993) (<HOLDING>); Sabath, 990 F.Supp. at 1014 (finding Options: A. holding that in order to state a claim for ineffective assistance of counsel based on the failure to call a witness to testify the claimant must allege 1 the identity of the potential witness 2 that the witness was available to testify at trial 3 the substance of the witnesss testimony and 4 an explanation of how the omission of the testimony prejudiced the case B. holding that death of potential alibi witness did not cause actual prejudice because defendant failed to relate the substance of the testimony of the missing witness in sufficient detail and to show witness testimony not available from other sources C. holding that defendant is under an obligation to give the government notice of an alibi witness even if defendant is unable to locate the witness D. holding that promises made by the prosecution to a witness in exchange for that witness testimony relate directly to the credibility of the witness E. holding that the trial courts admonition of a witness even though detailed and strongly stated did not coerce the witness because the court did not threaten or badger the witness and the court provided the witness with her own counsel to ensure that the decision was voluntary

assistant: The best answer is B. holding that death of potential alibi witness did not cause actual prejudice because defendant failed to relate the substance of the testimony of the missing witness in sufficient detail and to show witness testimony not available from other sources
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: Assignor hereby assigns, transfers and conveys to Assignee all of Assignor’s right, title, interest in, and delegates to Assignee all of Assignor’s duties, undertakings, agreements, obligations and covenants under, the Agreement, and Assignee hereby accepts such assignment, transfer and conveyance of the Agreement, and hereby assumes and agrees to be bound by and to perform and observe, on a joint and several basis with Assignor, all of the duties, undertakings, agreements, obligations and covenants under the Agreement that are to be performed by Assignor thereunder in accordance with the terms of the Agreement, including without limitation obligations that may arise due to conditions existing prior to the Effective Date; provided, however, that the foregoing assignment and assumption shall not relieve Assignor from any of its obligations under the Agreement.

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: Inc. is nondischargeable in the amount of $1,347.90. FURTHER ORDERED AND AD-JUDGED that Pikco Finance, Inc.’s re-quest for attorney’s fees and costs is GRANTED IN PART in the amount of $1,655,00 for a total nondischargeable judgment in the amount of $3,002.90, to-gether with interest thereon from the date of the entry of this Final Judgment at the rate provided in 28 U.S.C. § 1961. SO ORDERED. 1 . Pursuant to Federal Rule of Civil Procedure 52, made applicable to this adversary by Fed-eral Rule of Bankruptcy Procedure 7052, the following constitutes the findings of fact and conclusions of law of the Court. 2 . See Johnson v. Ga. Highway Express, Inc., 488 F.2d 714, 717-19 (5th Cir. 1974) abrogated in part by Blanchard v. Bergeron, 489 U.S. 87, 93, 109 S.Ct. 939, 103 L.Ed.2d 67 (1989) (<HOLDING>). 3 . But see Speights v. Speights, 126 So.3d Options: A. holding that an award of attorneys fees under supreme court rule 38 precursor to rule 222 did not preempt an award of attorneys fees to which one is otherwise entitled and thus appellant could seek an award of attorneys fees pursuant to section 1577300 which permits an award of fees for a party prevailing in an action against a state agency B. holding that contingency fee contract did not cap award of attorneys fees where johnson had so held C. holding trial court had no authority to award attorneys fees when arbitrator had stated he would not award attorneys fees D. holding that the termination of the fee cap did not affect litigation in progress when the fee cap was in effect E. holding that contingency fee contracts are voidable where attorneys fail to comply with disciplinary rules

assistant: The best answer is B. holding that contingency fee contract did not cap award of attorneys fees where johnson had so held
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: Supreme Court has not specifically recognized the crime-fraud exception to the psychotherapist-patient privilege, the Court in Jaffee recognized that “[although it would be premature to speculate about most future developments in the federal psychotherapist privilege, we do not doubt that there are situations in which the privilege must give way....” 518 U.S. at 18 n. 19, 116 S.Ct. 1923. The Supreme Court also historically has recognized that evidentiary privileges must be “strictly construed,” and may be recognized “only to the very limited extent that ... excluding relevant evidence has a public good transcending the normally predominant principle of utilizing all rational means for ascertaining truth.” Trammel v. United States, 445 U.S. 40, 50, 100 S.Ct. 906, 63 L.Ed.2d 186 (1980) (<HOLDING>). Based on the First Circuit’s analysis in Options: A. holding violation of right to testify could not be harmless B. holding that apart from confidential communications witness spouse alone has privilege to refuse to testify adversely and may be neither compelled to testify nor foreclosed from testifying C. holding that right to testify not denied where inter alia defendant made no objection to his attorneys statements that defendant would not testify and made no request to testify D. recognizing that where witness has no constitutional or statutory right to refuse to testify jurors are entitled to draw negative inference from witness refusal to testify E. holding that the privilege against selfincrimination does not prohibit the trier of fact in a civil case from drawing adverse inferences from a witness refusal to testify

assistant: The best answer is B. holding that apart from confidential communications witness spouse alone has privilege to refuse to testify adversely and may be neither compelled to testify nor foreclosed from testifying
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: you may be surprised , but we will refer to all such services , including additional apps published by viber media s.a.r.l , and also third party services which are powered by viber 's technology , as the `` services '' .

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: Neither the Borrower nor any of its Restricted Subsidiaries is in default under any agreement or instrument (subject to all applicable grace periods thereunder) to which the Borrower or any Restricted Subsidiary is a party or by which any of their respective properties or assets is bound or affected, which might, individually or in the aggregate, have a Material Adverse Effect. No Event of Default or Unmatured Event of Default exists.

assistant: No Defaults
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: boundaries of a search in the same manner as the specifications in a warrant. If the government does not conform to the limitations placed upon the right granted to search, the search is impermissible. In justifying a consensual search, the government bears the burden of establishing that the search was conducted within the purview of the consent received. When an individual gives a general statement of consent without express limitations, the scope of a permissible search is not limitless. Rather it is constrained by the bounds of reasonableness: what a police officer could reasonably interpret the consent to encompass. United States v. Strickland, 902 F.2d 937, 941 (11th Cir.1990) (citations omitted). See also State v. Nabarro, 55 Haw. 583, 583-87, 525 P.2d 573, 574-75 (1974) (<HOLDING>) (internal quotation mark omitted). Hence, Options: A. holding that a warrant to search for contraband founded on probable cause implicitly carries with it the limited authority to detain the occupants of the premises while a proper search is conducted B. holding that while a lawfully issued warrant to search premises authorizes the officers executing it to search in a reasonable manner whatever spots within the described premises their professional experience indicates may be used as a cache for the items named in the warranty such a warrant does not by its own force permit a search of the persons residents or visitorswho chance to be at the premises at the time the warrant is executed or belongings of a nonresident visitor present on the premises C. holding that search of backpack constituted a search of defendants person and was not authorized by search warrant for premises D. holding that consent to search premises includes consent to search washing machine on those premises E. holding that officers executing a search warrant for contraband have the authority to detain the occupants of the premises while a proper search is conducted

assistant: The best answer is B. holding that while a lawfully issued warrant to search premises authorizes the officers executing it to search in a reasonable manner whatever spots within the described premises their professional experience indicates may be used as a cache for the items named in the warranty such a warrant does not by its own force permit a search of the persons residents or visitorswho chance to be at the premises at the time the warrant is executed or belongings of a nonresident visitor present on the premises
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: is analogous to the attorney-client privilege’s underlying purpose, is that “effective and efficient governmental decision making requires a free flow of ideas among government officials and that inhibitions will result if officials know that their communications may be revealed to outsiders.” In re Franklin National Bank, 478 F.Supp. at 581; see also Carl Zeiss Stifung v. V.E.B. Carl Zeiss, Jena, 40 F.R.D. 318, 325 (D.D.C. 1966) (finding that “government, no less than the citizen, needs open but protected channels for the kind of plain talk that is essential to the quality of its functioning”), aff'd, 384 F.2d 979 (D.C.Cir.), cert. denied, 389 U.S. 952, 88 S.Ct. 334, 19 L.Ed.2d 361 (1967); Kaiser Aluminum and Chemical Corp. v. United States, 157 F.Supp. 939, 946, 141 Ct.Cl. 38 (1958) (<HOLDING>). Thus, it is clear that the deliberative Options: A. holding that disclosure of predecisional documents would injure the consultative process within the government B. holding that foia exemptions are not mandatory bars to disclosure because the purpose of foia is to provide broad disclosure of government documents C. recognizing governmental privilege precluding disclosure of official information that would be injurious to the consultative functions of the government D. holding that the disclosure is a public disclosure within the meaning of the fca if the the prior public disclosure contained enough information to enable the government to pursue an investigation against the defendant E. holding that the government must provide the party seeking disclosure with a detailed index describing the documents the government claims are exempt from disclosure under foia

assistant: The best answer is A. holding that disclosure of predecisional documents would injure the consultative process within the government
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 any one or more Sections or other portions of this Agreement are declared by any court or governmental authority to be unlawful, invalid, void or unenforceable, such unlawfulness, invalidity or unenforceability shall not serve to invalidate any Section or other portion not so declared to be unlawful, invalid, void or unenforceable. Any Section or other portion so declared to be unlawful, invalid, void or unenforceable shall be construed so as to effectuate the terms of such Section or other portion to the fullest extent possible while remaining lawful and valid. To the extent that any provision of this Agreement is adjudicated to be unlawful, invalid, void or unenforceable because it is overbroad, that provision shall not be void but rather shall be limited only to the extent required by applicable law and enforced as so limited. The parties expressly acknowledge and agree that this Section is reasonable in view of the parties’ respective interests.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of the job,’ not that he was doing it satisfactorily.” McGinnis v. Union Pac. R.R., 496 F.3d 868, 874 n. 2 (8th Cir.2007) (quoting Slattery v. Swiss Reinsurance Am. Corp., 248 F.3d 87, 92 (2d Cir.2001)). The court of appeals reasoned that requiring any greater showing would “collapse[ ] the prima facie case into the McDonnell Douglas framework” and be in error. Riley, 518 F.3d at 1000; see McGinnis, 496 F.3d at 874 n. 2. Applying the RileyMcGinnis criterion in this case, plaintiffs easily meet their burden of establishing this stage of the prima facie case based on their multi-year work history at USCC. See Riley, 518 F.3d at 1000 (“Since he had been performing the DAM job successfully for years, he met the requirement of the prima facie case.”); McGinnis, 496 F.3d at 875-76 (<HOLDING>). At the time of plaintiffs’ terminations, Options: A. holding that disclosure was required where the current employer permitted the paralegal to work on the same litigation she had worked for at her prior firm even after becoming aware that she had previously worked on the case B. holding that plaintiff was otherwise qualified for position where he had worked for defendant employer for approximately twentyeight years C. holding that the plaintiff had a right of privacy in the contents of a settlement agreement that stated that the plaintiff had sued his employer for failing to hire him because he was a single gay male and because his employer suspected that he had aids D. holding the plaintiff failed to make a prima facie case that the defendants failure to promote him was discriminatory where the plaintiff failed to that show he was qualified for the relevant position E. holding that plaintiff could not establish a prima facie case of discrimination because she was unable to present evidence that she was qualified for the position

assistant: The best answer is B. holding that plaintiff was otherwise qualified for position where he had worked for defendant employer for approximately twentyeight years
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: From time to time, at the other Party’s request and without further consideration, each Party shall execute and deliver such additional documents and take all such further action as may be reasonably necessary or desirable to give effect to this Agreement.

assistant: Further Assurances
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: (Rule 60(b) motion); Mehdipour v. Snowden, 162 F.3d 1173, 1998 WL 777397 (10th Cir. Nov.4, 1998) (unpublished op.) (motion to enjoin); Mehdipour v. City of Oklahoma City, 161 F.3d 18, 1998 WL 694527 (10th Cir. Oct.6, 1998) (unpublished op.) (Rule 60(b) motion); Mehdipour v. Oklahoma County Sheriff, 161 F.3d 18, 1998 WL 614448 (10th Cir. Sept. 4, 1998) (unpublished op.) (28 U.S.C. § 2254 petition); Mehdipour v. City of Oklahoma City, 145 F.3d 1346, 1998 WL 199648 (10th Cir. April 24, 1998) (unpublished op.) (Rules 59(e) and 60(b) motions); Mehdipour v. City of Oklahoma City, 131 F.3d 152, 1997 WL 748651 (10th Cir. Dec.3, 1997) (unpublished op.) (civil rights action). 2 . See, e.g., District of Columbia Court of Appeals v. Feldman, 460 U.S. 462, 486, 103 S.Ct. 1303, 75 L.Ed.2d 206 (1983) (<HOLDING>); Rooker v. Fidelity Trust Co., 263 U.S. 413, Options: A. holding that district courts do not have appellate jurisdiction over state courts B. holding that the court does not have jurisdiction to review per curiam decisions of the district courts of appeal that merely affirm with citations to cases not pending review in this court C. holding federal district courts do not have jurisdiction over challenges to state court decisions in particular cases arising out of judicial proceedings even if those challenges allege that the state courts action was unconstitutional review of those decisions may be had only in this united states supreme court D. holding that this court does not have jurisdiction over plaintiffs claims because the court may review neither criminal matters nor the decisions of district courts E. holding that federal district courts lack jurisdiction to review a final state court decision in a particular case

assistant: The best answer is C. holding federal district courts do not have jurisdiction over challenges to state court decisions in particular cases arising out of judicial proceedings even if those challenges allege that the state courts action was unconstitutional review of those decisions may be had only in this united states supreme court
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: 13.2 subject to the overall provision in paragraph 13.1 above youtube shall not be liable to you for : a. any indirect or consequential losses which may be incurred by you .

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 legal provision and list the applicable contract clause categories. Provision: Any and all notices (with the exception of Transaction Notices, which shall be delivered via facsimile only), statements, demands or other communications hereunder may be given by a party to the other by mail, email, facsimile, messenger or otherwise to the address specified below, or so sent to such party at any other place specified in a notice of change of address hereafter received by the other. All notices, demands and requests hereunder may be made orally, to be confirmed promptly in writing, or by other communication as specified in the preceding sentence.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement constitutes the entire agreement between the parties with regard to the subject matter hereof and may not be changed, modified, amended or supplemented except in writing, signed by both Landlord and Tenant. All other oral or written agreements, promises and arrangements relating to the subject matter of this Agreement are hereby rescinded. This Agreement will be binding on each of the parties and their respective successors and permitted assigns. This Agreement is intended to create rights between Landlord and Tenant and is not intended to confer rights on any other Person or to constitute such Person a third party beneficiary hereunder. If at any time Landlord or Tenant is comprised of more than one Person, this Agreement will be jointly and severally binding on each Person comprising Landlord and Tenant.

assistant: Binding Effects
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 proceeds of any Term Loan made under this Agreement will be used by the Borrower for general corporate purposes. None of such proceeds will be used, directly or indirectly, for the purpose, whether immediate, incidental or ultimate, of purchasing or carrying any Margin Stock. The Borrower shall use the proceeds of any Term Loan issued hereunder in compliance with all applicable legal and regulatory requirements of any Governmental Authority (including, without limitation, Regulations U and X of the Board of Governors of the Federal Reserve System, the Securities Exchange Act of 1934 and the Securities Act of 1933, and any regulations thereunder).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Subject to the terms and conditions of this Agreement, the Company agrees to employ Executive as Chairman and Chief Executive Officer of the Company, and Executive agrees to diligently perform the duties associated with such positions. Executive will report directly to the Board of Directors of the Company (“Board”). Executive will devote substantially all of his business time, attention and energies to the business of the Company and will comply with the charters, policies and guidelines established by the Company from time to time applicable to its directors and senior management executives.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: You recognize and acknowledge that certain confidential business and technical information of Gannett Co., Inc. that includes, information relating to financial statements, customer identities, potential customers, employees, suppliers, servicing methods, equipment, program strategies and information, databases and information systems, analyses, digital products, profit margins or other proprietary information used by Gannett is a valuable, special and unique asset of Gannett. You shall not, at any time whether during the term or after the termination of your employment with Gannett or any of its affiliates, or the expiration of this Agreement, use such information, or any part thereof, or disclose such information to any person, firm, corporation, association or other entity for any purpose other than for the benefit of Gannett Co., Inc.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: (a) The definitions of terms herein shall apply equally to the singular and plural forms of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine, feminine and neuter forms. The words “include,” “includes” and “including” shall be deemed to be followed by the phrase “without limitation.” The word “will” shall be construed to have the same meaning and effect as the word “shall.” Unless the context requires otherwise, (i) any reference herein to any agreement, instrument, other document, statute or regulation shall be construed as referring to such agreement, instrument, other document, statute or regulation as from time to time amended, supplemented or otherwise modified, (ii) any reference herein to any Person shall be construed to include such Person’s successors and assigns, but shall not be deemed to include the subsidiaries of such Person unless express reference is made to such subsidiaries, (iii) the words “herein,” “hereof” and “hereunder,” and words of similar import, shall be construed to refer to this Agreement in its entirety and not to any particular provision hereof, (iv) all references herein to Articles, Sections and Annexes shall be construed to refer to Articles, Sections and Annexes of this Agreement, (v) unless otherwise expressly qualified herein, the words “asset” and “property” shall be construed to have the same meaning and effect and to refer to any and all tangible and intangible assets and properties, including cash, securities, accounts and contract rights, (vi) the term “or” is not exclusive and (vii) the term “exercise of rights and remedies” or terms of like import include remedial acts to which the Borrower or a Grantor consent or assist.

assistant: Construction
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 any provision of this Agreement or the other Loan Documents is held to be illegal, invalid or unenforceable, (a) the legality, validity and enforceability of the remaining provisions of this Agreement and the other Loan Documents shall not be affected or impaired thereby; and (b) the parties shall endeavor in good faith negotiations to replace the illegal, invalid or unenforceable provisions with valid provisions the economic effect of which comes as close as possible to that of the illegal, invalid or unenforceable provisions. The invalidity of a provision in a particular jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. Without limiting the foregoing provisions of this Section 10.14 , if and to the extent that the enforceability of any provisions in this Agreement relating to Defaulting Lenders shall be limited by Debtor Relief Laws, as determined in good faith by the Borrower and the Administrative Agent or the applicable L/C Issuer, as applicable, then such provisions shall be deemed to be in effect only to the extent not so limited.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Either party may terminate this Agreement upon at least 30 days’ prior written notice of termination, with or without cause, and the Company may terminate this Agreement effective upon written notice to the Consultant as contemplated by Section 4.3, subject to payment for Services authorized and completed as of such date of termination. The Company also may terminate this Agreement effective upon written notice to the Consultant, in the event the Consultant has an event which constitutes “Cause”, as defined in the Employment Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: (i) Any Lender with the prior written consents of the Borrower and the Facility Agent (which consents shall not be unreasonably delayed or withheld and which consent, in the case of the Borrower, shall be deemed to have been given in the absence of a written notice delivered by the Borrower to the Facility Agent, on or before the fifth Business Day after receipt by the Borrower of such Lender’s request for consent, stating, in reasonable detail, the reasons why the Borrower proposes to withhold such consent) may at any time (and from time to time) assign or transfer to one or more commercial banks or other financial institutions all or any fraction of such Lender’s portion of the Loan.

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 legal provision and list the applicable contract clause categories. Provision: Promptly give written notice to the Collateral Agent, each Funding Agent and the Administrative Agent of the occurrence of any Liens on Receivables (other than Permitted Liens), any Facility Event, the statement of a Responsible Officer of the Company setting forth the details of such Facility Event and the action taken, or which the Company proposes to take, with respect thereto.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall be governed by and construed under the laws of Maryland, without regard to its conflicts of law principles. Suit to enforce any provision of this Agreement or to obtain any remedy with respect hereto may be brought in a court in the State of Maryland and for this purpose I expressly consent to the jurisdiction of said courts.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: as the California Legislature may well have recognized when it specifically provided that a prosecutor may move to dismiss or strike a prior felony conviction “in the furtherance of justice.” Cal. Penal Code Ann. § 667(f)(2) (West 1999). In this case, the statutory safeguard failed, and the state court was left to ensure that the Eighth Amendment prohibition on grossly disproportionate sentences was met. If Andrade’s sentence is not grossly disproportionate, the principle has no meaning. The California court’s holding was an unreasonable application of clearly established precedent. 1 This point is independent of the fact, recognized by the Court, ante, at 68, that it remains open to Andrade to appeal his sentence under People v. Garcia, 20 Cal. 4th 490, 976 P. 2d 831 (1999) (<HOLDING>). 2 Implicit in the distinction between future Options: A. holding that the statute is mandatory B. holding that a defendant is subject to a mandatory consecutive sentence for a 924c conviction and is not spared from that sentence by virtue of receiving a higher mandatory minimum on a different count of conviction C. holding that under a federal three strikes law the sentencing judge may only find facts that were necessary to the prior conviction D. holding that such a decision was within the trial courts discretion E. holding trial court may dismiss strikes on a countbycount basis such discretion is consistent with mandatory consecutive sentencing provision

assistant: The best answer is E. holding trial court may dismiss strikes on a countbycount basis such discretion is consistent with mandatory consecutive sentencing provision
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: jurisdiction pursuant to 8 U.S.C. § llOSala). We review the BIA’s decision for substantial evidence, see Navas v. INS, 217 F.3d 646, 657 (9th Cir.2000), and grant the petition for review. Petitioner’s credible testimony compels the conclusion that petitioner was persecuted at least in part on account of her political opinion. See Borja v. INS, 175 F.3d 732, 736 (9th Cir.1999) (en banc). The guerrilla-assailant was aware that petitioner supported the government. Cf. Molino-Morales v. INS, 237 F.3d 1048, 1051-52 (9th Cir.2001) (denying petition for review where assailants were not aware of the witness’ political opinion). In addition, the guerrilla-assailant did not threaten petitioner merely because she had witnessed guerrilla activity and might report it. See Navas, 217 F.3d at 661 (<HOLDING>). To the contrary, the guerrilla’s threats Options: A. holding that persecutors statements indicating that they had chosen her because of her fathers relationship to the philippine government constituted persecution on account of an imputed political opinion B. holding persecutors were motivated by petitioners political opinion not just fear of prosecution where persecutors did not threaten retaliation if petitioner reported their crimes but instead demanded that petitioner leave the country or die C. holding that attempted conscription by a guatemalan guerrilla group did not constitute persecution on account of a political opinion where petitioner failed to show that the group was motivated by his political opinion D. holding that evidence that the petitioner had a political opinion that he expressed it to his persecutors and that they threatened him only after he expressed his opinion compelled the conclusion that the threats were connected to his political opinion and not only to his failure to provide money in response to demands from the persecutors that predated his expression of his political opinion E. holding that extortion motivated in part by political opinion could qualify as persecution

assistant: The best answer is B. holding persecutors were motivated by petitioners political opinion not just fear of prosecution where persecutors did not threaten retaliation if petitioner reported their crimes but instead demanded that petitioner leave the country or die
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: In the event any prorations made pursuant hereto shall prove incorrect for any reason whatsoever, or in the event the prorations set forth above are estimated on the most currently available (rather than based on the actual final) bills, either party shall be entitled to an adjustment to correct the same provided that it makes written demand on the other within one (1) year after the Closing Date. The provisions of this Section 13 shall survive Closing.

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 legal provision and list the applicable contract clause categories. Provision: This Agreement and the rights and obligations described herein will terminate and be of no further force or effect upon the earliest to occur of: (a) such date upon which Investor holds less than 5% of the Company's issued and outstanding Common Stock, calculated on a non-diluted basis; (b) the consummation of a sale of the Company's securities pursuant to a registration statement filed by the Company under the Securities Act of 1933, as amended, in connection with an offering of its securities to the general public; or (c) the consummation of a merger or consolidation of the Company that is effected for independent business reasons unrelated to extinguishing such rights and that results in fifty percent or more of the Company being owned by shareholders other than those listed on Schedule B as of the date of this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each Borrower and each other Credit Party irrevocably and unconditionally waives, to the fullest extent permitted by applicable law, any objection that it may now or hereafter have to the laying of venue of any action or proceeding arising out of or relating to this Agreement or any other Credit Document in any court referred to in paragraph (b) of this Section. Each of the parties hereto hereby irrevocably waives, to the fullest extent permitted by applicable law, the defense of an inconvenient forum to the maintenance of such action or proceeding in any such court.

assistant: Venues
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: alternatively , you may assert your claims in small claims court , if your claims qualify and so long as the matter remains in such court and advances only on an individual ( non-class , non-representative ) basis .

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: Prior to a Change of Control (except as provided in the next sentence), the Company reserves the right to amend or terminate this Plan upon written notice to Eligible Employees (including, without limitation, to change the designated level of participation of any Eligible Employee or to change the designation of an Eligible Employee as an NSE Eligible Employee or an OSP Eligible Employee). Upon a Change of Control, or upon the Company’s entering into any definitive agreement that, if consummated, would constitute a Change in Control (and provided that such definitive agreement has not terminated), this Plan will become non-modifiable (and an Eligible Employee’s level of participation may not be reduced and, if applicable, an Eligible Employee’s designation as an NSE Eligible Employee or an OSP Eligible Employee may not be removed) without the consent of the affected Eligible Employee.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Borrower represents and warrants that the execution, delivery, and performance by Borrower of this Amendment, and all agreements, documents, obligations, and transactions herein contemplated, have been duly authorized by all necessary corporate action on the part of Borrower and are not inconsistent with Borrower’s organizational documents or any resolution of the board of directors, shareholders, members, managers, or other governing body of Borrower and do not and will not contravene any provision of, or constitute a default under, any indenture, mortgage, contract, or other instrument to which Borrower is a party or by which it is bound, and that upon execution and delivery hereof and thereof, this Amendment will constitute legal, valid, and binding agreements and obligations of Borrower, enforceable in accordance with its respective terms.

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 case excerpt and choose the best holding from the options. Case excerpt: an incorrect factual predicate. The movie theater patron who reported the appellant to the officers was not an anonymous tipster; he was the victim of an assault who personally reported the incident to the officers and supplied his name, Carlos Feliz-Arias. Although Arias did not appear in court at the suppression hearing, he was subpoenaed as a witness and was repeatedly referred to by name at the hearing (including by defense counsel). His failure to appear, and the fact that the officers did not record his name in a report or take a written statement from him, did not render him “anonymous.” Thus, we shall not apply the law governing anonymous tips to the report given to the officers in this case. See, e.g., Florida, v. J.L., 529 U.S. 266, 274, 120 S.Ct. 1375, 146 L.Ed.2d 254 (2000) (<HOLDING>). Indeed, the Supreme Court in J.L. Options: A. holding that an anonymous tip must have sufficient indicia of reliability to justify a stop and frisk B. holding that an anonymous tip lacking indicia of reliability that an individual is carrying a gun is not enough to justify a terry stop C. holding an anonymous tip had the requisite indicia of reliability to justify a stop when the caller told the police of the alleged erratic driving automobile location and vehicle description D. holding that anonymous call that gave police no predictive information to corroborate tip lacked sufficient indicia of reliability to justify stop and frisk E. holding an anonymous tip had the requisite indicia of reliability when the caller described his or her observations as reckless driving

assistant: The best answer is A. holding that an anonymous tip must have sufficient indicia of reliability to justify a stop and frisk
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 supersedes any statements, representations or agreements of the Company with respect to the grant of the Award, and the Participant hereby waives any rights or claims related to any such statements, representations or agreements. This Agreement does not supersede or amend any existing confidentiality agreement, non-competition agreement, non-solicitation agreement, employment agreement, consulting agreement or any other similar agreement between the Participant and the Company, including but not limited to any restrictive covenants contained in such agreements. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective executors, administrators, next-of-kin, successors and assigns.

assistant: Binding Effects
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 relied, too, on Wener v. Wener, 35 A.D.2d 50, 312 N.Y.S.2d 815, 818 (1970), in which the court held that a husband who impliedly agreed to support the child was obligated to provide sup of equitable adoption to impose a child support obligation. See, e.g., Johnson, 617 N.W.2d at 105-08; Geramifar v. Geramifar, 113 Md.App. 495, 688 A.2d 475, 478-79 (Spec.App.1997) (stating that the case was a “textbook example of an equitable adoption” in which neither adoptive parent was plication of the equitable adoption doctrine beyond its intended scope. We are unpersuaded that the doctrine should be expanded to child support under these circumstances. We are also unpersuaded that Bowdoin has any standing to assert the doctrine for his own benefit. Even were the doctri M. 206, 959 P.2d 540 (<HOLDING>). {33} We note that, in applying equitable Options: A. holding that it was error for the trial court to determine the issue of child support without a child support guidelines worksheet B. holding that parents may not voluntarily terminate their rights in a child to avoid child support payments or contract away a child support obligation C. holding that single payment of 15 upon learning of stepparents intention to adopt the child did not constitute maintenance and support D. holding that misrepresentation by a woman to a man that she was practicing birth control was insufficient under the uniform parentage act and new mexico public policy to relieve the man as the biological father of child support obligation E. holding biological father responsible under uniform parentage act for back child support notwithstanding stepparents support of child

assistant: The best answer is E. holding biological father responsible under uniform parentage act for back child support notwithstanding stepparents support of child
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: use provision of § 16-8-107(1), C.R.S. (1990 Cum.Supp.) is raised for the first time on appeal. His objection to the witness’ testimony in the trial court was based on relevancy under CRE 401 and 403 and, alternatively, the witness’ inability to recall clearly the defendant’s statements. Having failed to r, that permits an appellate court to address issues not raised below where plain error requires consideration of the issues. Larkin, 177 Colo. at 161, 493 P.2d at 3 (requiring serious prejudicial error); see also People v. Hampton, 746 P.2d 947, 953 n. 11 (Colo.1987) (noting that failure to object in district court on grounds asserted on appeal is deemed to waive the objection unless the alleged error rises to plain error); Dorador v. Cronin, 199 Colo. 85, 86, 605 P.2d 53, 54 (1980) (<HOLDING>); Cox v. Pearl Inv. Co., 168 Colo. 67, 71, 450 Options: A. holding that issues raised for the first time on appeal will not be considered absent exceptional circumstances of plain error or fundamental miscarriage of justice B. holding that appellate court will not pass on issues that have not been presented for determination in district court except in case of plain or fundamental error C. recognizing plain or fundamental error D. holding that issues raised for first time on appeal generally will not be considered absent exceptional circumstances of plain error or fundamental miscarriage of justice E. holding that subject to limited exceptions this court will not consider issues not presented to the district court but raised for the first time on appeal

assistant: The best answer is B. holding that appellate court will not pass on issues that have not been presented for determination in district court except in case of plain or fundamental error