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: show that “a reasonable person in the alien’s circumstances would fear persecution if returned to [China].” Zubeda v. Ashcroft, 333 F.3d 463, 469 (3d Cir.2003). “ ‘A person who has a well founded fear that he or she will be forced to abort a pregnancy or undergo involuntary sterili zation or is subject to persecution for failure, refusal, or resistance to undergo such a procedure shall be deemed to have a well founded fear of persecution on account of political opinion.’” Zheng v. Att’y Gen., 549 F.3d 260, 266 (3d Cir.2008) (alterations omitted) (quoting 8 U.S.C. § 1101(a)(42)(B)). The BIA agreed with the IJ’s analysis and found that the birth of petitioners’ two children does not warrant asylum, citing both this Court’s decision in Yu v. Att’y Gen., 513 F.3d 346, 349 (3d Cir.2008) (<HOLDING>), and its own decision in Matter of J-W-S- 24 Options: A. holding that an applicants fear was not objectively reasonable because it lacked solid support in the record and was merely speculative at best B. holding substantial evidence supported jury finding of abuse of process C. holding that a plaintiff must show his belief was objectively reasonable in light of the facts and record presented D. holding that no wellfounded fear was established where the attacks on family members failed to show a pattern of persecution tied to the petitioners E. holding that substantial evidence supported determination that petitioners failed to show that fear of sterilization was objectively reasonable

assistant: The best answer is E. holding that substantial evidence supported determination that petitioners failed to show that fear of sterilization was objectively reasonable
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: notwithstanding the above , for transparency and fraud prevention purposes , and as permitted by applicable laws , we may , but have no obligation to ( i ) ask members to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of members , ( ii ) screen members against third party databases or other sources and request reports from service providers , and ( iii ) where we have sufficient information to identify a member , obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction ( if available ) .

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: The closing (the “ Closing ”) of the purchase of the Shares by the Buyer shall occur at the offices of Katten Muchin Rosenman LLP, 525 W. Monroe Street, Chicago, IL 60661.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: a claim challenging the credibility of evidence is a challenge to the weight of the evidence). Similarly, Lewis’s other claims, that the Commonwealth did not present testimony to reveal the identity of the Cl, and that although Trooper Garcia testified that numerous telephone calls were made between him and the Cl, these calls were not listed on the discovery provided to defense counsel, also challenge the weight, not the sufficiency, of the evidence. In order to preserve a claim of weight of the evidence for appellate review, the issue must be raised with the trial judge in a motion for a new trial either orally prior to sentencing, by written motion prior to sentencing, or in a post-sentence motion. See Pa.R.Crim.P. 607; Commonwealth v. Butler, 729 A.2d 1134, 1140 (Pa.Super.1999) (<HOLDING>). Lewis did not allege in his brief that he Options: A. holding that a challenge to the proper weight of the evidence is a question of fact outside this courts jurisdiction B. holding that the trial court can and should grant a new trial if the manifest weight of the evidence is contrary to the verdict C. holding that a challenge to the weight of the evidence is waived for failure to present the issue first to the trial court D. holding that defendants waived any challenge to the trial courts failure to hold an evidentiary hearing E. holding that issue in motion for rehearing is waived if original brief is not sufficient to acquaint the court with the issue and does not present an argument that would allow the court to decide the issue

assistant: The best answer is C. holding that a challenge to the weight of the evidence is waived for failure to present the issue first to the trial 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 legal provision and list the applicable contract clause categories. Provision: It shall be the duty of the Administrator to conduct the general administration of the Plan in accordance with its provisions. The Administrator shall have the power to interpret the Plan, all Programs and Award Agreements, and to adopt such rules for the administration, interpretation and application of the Plan and any Program as are not inconsistent with the Plan, to interpret, amend or revoke any such rules and to amend any Program or Award Agreement; provided that the rights or obligations of the Holder of the Award that is the subject of any such Program or Award Agreement are not materially and adversely affected by such amendment, unless the consent of the Holder is obtained or such amendment is otherwise permitted under Section 11.5 or Section 13.10. In its sole discretion, the Board may at any time and from time to time exercise any and all rights and duties of the Committee in its capacity as the Administrator under the Plan except with respect to matters which under Rule 16b-3 under the Exchange Act or any successor rule, or Section 162(m) of the Code, or any regulations or rules issued thereunder, or the rules of any securities exchange or automated quotation system on which the Shares are listed, quoted or traded are required to be determined in the sole discretion of the Committee.

assistant: Duties
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 parties agree that irreparable damage would occur in the event any of the provisions of this Agreement were not performed in accordance with the terms hereof and that such damage would not be adequately compensable in monetary damages. Accordingly, the parties hereto shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions of this Agreement in Teton County, Wyoming (collectively, the “ Courts ”), in addition to any other remedies at law or in equity, and each party agrees it will not take any action, directly or indirectly, in opposition to the party seeking relief on the grounds that any other remedy or relief is available at law or in equity. Each of the parties hereto agrees to waive any bonding requirement under any applicable law, in the case any other party seeks to enforce the terms of this Agreement by way of equitable relief. Furthermore, each of the parties hereto irrevocably (a) consents to submit itself to the personal jurisdiction of the Courts in the event any dispute arises out of this Agreement or the transactions contemplated by this Agreement, (b) agrees that it shall not attempt to deny or defeat such personal jurisdiction by motion or other request for leave from the Courts, (c) agrees that it shall not bring any action relating to this Agreement or the transactions contemplated by this Agreement in any court other than the Courts, (d) waives the right to trial by jury, and (e) consents to service of process by the United States Postal Service or a reputable overnight mail delivery service, in each case, signature requested, to the address set forth in Section 9 of this Agreement or as otherwise provided by applicable law. THIS AGREEMENT SHALL BE GOVERNED IN ALL RESPECTS, INCLUDING WITH RESPECT TO VALIDITY, INTERPRETATION, EFFECT AND ENFORCEMENT, BY THE LAWS OF THE STATE OF DELAWARE WITHOUT GIVING EFFECT TO THE CHOICE OF LAW PRINCIPLES THEREOF THAT WOULD REQUIRE OR PERMIT THE APPLICATION OF THE LAWS OF ANY OTHER JURISDICTION.

assistant: Specific Performance
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: her at the time of the incident that formed the basis of the case. I believed it was Brandy Bowen, it may have been Lisa Cooper, I don’t know exactly. I cannot recall who it was. Whoever I interviewed I felt would not support his hope that she was going to come in to testify that he was — he had some alibi. Post-Conviction Transcript at 46^47. In its order, the post-conviction court found that Bowen “lack[ed] that necessary element of credibility” and that the “failure of [trial counsel] to call Brandy Bowen Murphy as a witness did not prevent Per-ryman from his right to fair trial because of Brandy Bowen’s lack of credibility.” Appellant’s Appendix at 313. We are not in a position to question the post-conviction court’s assessment of witness credibility. See Fisher, 810 N.E.2d at 679 (<HOLDING>). We cannot say that reversal is warranted on Options: A. holding that the postconviction court is the sole judge of the weight of the evidence and the credibility of witnesses B. holding that the applicable rule of procedure vests a successor judge with judicial discretion to review the jury verdict on a motion for new trial on the ground that such verdict was contrary to the weight of the evidence where the record clearly discloses that no question of the credibility of the witnesses or the weight to be given to their testimony will require resolution by him C. holding trial court is sole and exclusive judge of witnesses credibility D. holding that it is function of trial court to judge witnesses credibility and to weigh conflicting evidence E. holding that the jury is the judge of the weight and credibility given to witness testimony

assistant: The best answer is A. holding that the postconviction court is the sole judge of the weight of the evidence and the credibility of witnesses
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: Final Jury Instructions, at 38-39 (Def.’s Opp., Ex. I). The first quoted paragraph of the instruction is based on the fundamental principle that, a claim accrues under the Rehabilitation Act and the ADA based on the discovery rule applied in discrimination cases generally — that is, “when the plaintiff knew or had reason to know of the injury serving as the basis for his claim.” Stewart, 2006 WL 626921, at *3; see also Fox v. DeSoto, 489 F.3d 227, 233 (6th Cir.2007) (“Under federal law, the limitations period begins to run when a plaintiff knew or should have known of the injury that forms the basis of the claim.”); Everett, 138 F.3d at 1410 (concluding that claims of disability discrimination accrue “when the plaintiff is informed of the discriminatory act”); Soignier, 92 F.3d at 551 (<HOLDING>) (emphasis in original). Plaintiff does not Options: A. holding that the statute of limitations begins to run under federal law when plaintiffs knew or should have known of the injury which forms the basis of their claims B. holding that under the ada discovery of the original act of discrimination not future confirmation of the injury or determination that the injury is unlawful is when the statute of limitations begins to run C. holding that the statute of limitations begins to run on the date the alleged malpractice is discovered D. holding that georgias statute of limitations for personal injury actions should be applied to discrimination claims brought under the rehabilitation act and title ii of the ada E. holding that the statute of limitations period begins to run when the allegedly discriminatory pension plan is applied to the plaintiffs and leaving determination of the actual date the statute begins to run on each claim to the district court

assistant: The best answer is B. holding that under the ada discovery of the original act of discrimination not future confirmation of the injury or determination that the injury is unlawful is when the statute of limitations begins to run
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 other Loan Documents represent the entire agreement of the Borrower, the Administrative Agent and the Lenders with respect to the subject matter hereof and thereof (other than the provisions of the Commitment Letter that expressly survive pursuant to the terms thereof), and there are no promises, undertakings, representations or warranties by the Administrative Agent or any Lender relative to the subject matter hereof not expressly set forth or referred to herein or in the other Loan Documents (other than the provisions of the Commitment Letter that expressly survive pursuant to the terms thereof).

assistant: Integration
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 Second Amendment may be executed in multiple counterparts, and each counterpart when fully executed and delivered shall constitute an original instrument, and all such multiple counterparts shall constitute but one and the same instrument. Emailed and/or faxed counterparts and/or signatures are acceptable.

assistant: Counterparts
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: While Executive is employed by the Company during the Employment Term, the Company shall reimburse Executive for all reasonable and necessary out-of-pocket business, travel and entertainment expenses incurred by him in the performance of his duties and responsibilities hereunder, including without limitation cell phone costs and expenses incurred in connection with the business of the Company, subject to the Company’s normal policies and procedures for expense verification and documentation.

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 legal provision and list the applicable contract clause categories. Provision: Any provision of this Twelfth Amendment which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.

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: M/A-COM Security Corp. v. Galesi, 904 F.2d 134, 136 (2d Cir.1990) (“where a party’s acts subsequent to performance on the contract so directly destroy the value of the contract for another party that the acts may be presumed to be contrary to the intention of the parties, the implied covenant of good faith is implicated.”) (citing Roli-Blue, Inc. v. 69/70th Street Assocs., 119 A.D.2d 173, 506 N.Y.S.2d 159 (N.Y.App.Div.1986)); Joseph Victori Wines, Inc. v. Vina Santa Carolina S.A., 933 F.Supp. 347, 353 (S.D.N.Y.1996) (refusing to apply duty of good faith and fair dealing to a termination provision because the duty applies “only to the exercise of obligations which parties owe to each other during the term of a contract”); Bank of New York v. Sasson, 786 F.Supp. 349, 354 (S.D.N.Y.1992) (<HOLDING>). The first three claims for breach arise out Options: A. holding where parties had not reached a binding contract the implied covenant of good faith and fair dealing did not apply B. holding that the implied covenant of good faith and fair dealing is limited to performance under a contract C. recognizing cause of action for implied covenant of good faith and fair dealing in atwill employment contract D. recognizing that evidence of breach of implied covenant of good faith and fair dealing may support punitive damages E. recognizing an implied covenant of good faith and fair dealing by all parties in the performance of a contract for the sale of real estate

assistant: The best answer is B. holding that the implied covenant of good faith and fair dealing is limited to performance under a contract
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: we have held that the FAA’s role in the safety and certification process requires policy analysis. In Natural Gas Pipeline Co. v. United States, 742 F.2d 502 (9th Cir.1984), we addressed alleged FAA negligence in connection with aircraft certification. In that case, aircraft owners claimed that the FAA had negligently issued an STC and other approvals. See id. at 503. In a sequence of events that is strikingly similar to the circumstances here, the FAA issued an STC, later discovered safety defects in the modified aircraft, and ultimately issued an airworthiness directive that led the modified aircraft to be grounded. See id. at 503-04. The suit was barred by the discretionary function exception. See id. at 504-05. Two years later, in Proctor v. Un 0 F.2d 1018, 1031 (9th Cir.1989) (<HOLDING>); see also Arizona Maintenance Co. v. United Options: A. recognizing that a clause in an insurance policy was susceptible to a construction in favor of the insured but that such a construction would be unreasonable absurd and produce results never intended or contemplated by the parties B. holding that the decision not to remove materials during canal construction was based not on policy judgments but on technical scientific engineering considerations and thus is not susceptible to policy considerations C. holding that daubert applies not only to testimony based on scientific knowledge but also to testimony based on technical and other specialized knowledge D. holding that scientific hydrographic judgment and purely scientific considerations do not involve policy considerations and are not protected by the discretionary function exception E. holding that arkansas privilege law and public policy considerations prohibit ex parte interviews

assistant: The best answer is B. holding that the decision not to remove materials during canal construction was based not on policy judgments but on technical scientific engineering considerations and thus is not susceptible to policy considerations
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Subject to Section 10 below, the Option shall vest and become exercisable with respect to [twenty-five percent (25%) or thirty-three point three percent (33.3%)] of the total number of shares of Common Stock subject to the Option (subject to adjustment under Section 7.1 of the Plan) on each of the [first, second, third and fourth or first, second and third] anniversaries of the Award Date. The Optionee has no right to pro-rated vesting with respect to the Option if his or her services to the Corporation or one of its Subsidiaries terminates before any applicable vesting date with respect to the Option (regardless of the portion of the vesting period the Optionee was in service to the Corporation and/or any of its Subsidiaries).

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: conviction had not been included in his criminal history, he would have been in criminal history category II instead of category III. Id. Robinson claimed in his § 2255 petition that he received ineffective assistance of counsel because his attorney did not object to what he alleges was double counting in his sentence calculation that was contrary to U.S.S.G. § 4A1.2(a)(l). The district court ruled that the difference in the sentence Robinson would have received in category II was not significant enough to establish ineffective assistance of counsel. On appeal we determined that the maximum difference of 32 months between category II and category III failed to meet the constitutional standard of prejudice. Both we and the district court were in error. See Glover, 121 S .Ct. at 701 (<HOLDING>). Because both the district court and we Options: A. holding petitioner has the burden of proof under the strickland test B. holding that there is no baseline or quantifiable increase in a defendants sentence that must be shown to establish prejudice under strickland C. holding that in defining the reasonable probability language in strickland with more precision substantial possibility describes the prejudice standard in strickland D. holding that any reduction in sentence constitutes substantial prejudice for purposes of strickland analysis E. holding that it is error to engraft onto the prejudice branch of the strickland test a requirement that any increase in a sentence must meet a standard of significance

assistant: The best answer is E. holding that it is error to engraft onto the prejudice branch of the strickland test a requirement that any increase in a sentence must meet a standard of significance
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: As a condition of receiving any severance payments under this Agreement, Executive must sign and not revoke, within the deadlines provided by the Company and in compliance with applicable federal and/or state laws, a written release of all employment claims against the Company and its related entities, including, without limitation, employment discrimination of any kind, wage payment, breach of contract, claims for workers compensation, unemployment, disability and severance claims that Executive has or may have at the termination of employment. In addition, Executive will agree not to sue the Company or any other entities or persons released.

assistant: Releases
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 closing of the purchase and sale transaction contemplated herein (the “Closing) shall take place through an escrow established with the Title Company on the Closing Date. The Closing Date (as it may be adjourned in accordance with this Agreement) shall be the date which is fifteen (15) days after the expiration of the Inspection Period, provided however, Purchaser shall have the right to adjourn the Closing for a period of up to fifteen (15) days by giving Seller written notice of its intention to do so no later than two (2) business days prior to the initial Closing Date (such written notice to set forth as the adjourned Closing Date), and in order to be effective, such notice must be accompanied by an additional Deposit of Five Hundred Thousand ($500,000) Dollars payable to the order of the Escrow Agent. Except as expressly provided in this Section 5.1 , Purchaser shall have no other right to adjourn the Closing.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: that courts are sharply split on whether the exception for statements respecting the debtor’s financial condition should be interpreted broadly or narrowly. Id. at 112-13 (collecting cases). “A broad interpretation would include any statement that reflects the financial condition of the debtor. On the other hand, a narrow interpretation would find that a statement relates to financial condition only when it provides information ‘as to [a debtor’s] overall financial health.’ ” Id. at 112 (internal citations omitted). 56. Several courts have addressed whether certain statements speak to the overall financial health of the debtor sufficient to satisfy the narrow interpretation of the exception. See id. at 113 (citing Weiss v. Alicea (In re Alicea), 230 B.R. 492, 504 (Bankr.S.D.N.Y.1999) (<HOLDING>); In re Sansoucy, 136 B.R. 20, 23 Options: A. holding that trial counsel was not ineffective when he failed to introduce defendants prior consistent statement statement was not admissible because it was made after defendant had been arrested clearly not a time when the effect of the statement could not have been foreseen B. holding that a hearsay statement can itself be considered in first determining if a conspiracy existed when the statement was made C. holding that defendant who introduced hearsay statement waived objection to admission of another part of same statement D. holding that in employees age discrimination suit against former employer supervisors statement to employee was not hearsay even though the statement was offered for its truth because the statement was an admission by a party opponent E. holding that statement about debtor lacking present ability to pay was essentially statement of insolvency

assistant: The best answer is E. holding that statement about debtor lacking present ability to pay was essentially statement of insolvency
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: underscores the importance of finality of judgments of conviction. ‘ “Public policy dictates that there be an end of litigation; that those who have contested an issue shall be bound by the result of the contest, and that matters once tried shall be considered forever settled as between the parties.” * * * “It is a rule of fundamental and substantial justice * * ’ ” Szefcyk, 77 Ohio St.3d at 95, 671 N.E.2d 233, quoting Baldwin v. Traveling Men’s Assn. (1931), 283 U.S. 522, 525, 51 S.Ct. 517, 75 L.Ed. 1244, and Hart Steel Co. v. RR. Supply Co. (1917), 244 U.S. 294, 299, 37 S.Ct. 506, 61 L.Ed. 1148. Of course, the same public policy favoring finality of judgments is recognized in the federal system. Waifersong Ltd., Inc. v. Classic Music Vending (C.A.6, 1992), 976 . 106, 65 N.E. 865 (<HOLDING>). {¶ 47} Some questions raised by Blackwell do Options: A. holding that whether in contract or tort all bodilyinjury cases are covered by the same statute of limitations B. holding that an action for consequential damages to property whether the action is brought in contract or in tort is an action for injury to property within the threeyear statute of limitations C. holding that broad language releasing all claims whether in contract tort or otherwise necessarily included a bad faith claim D. holding that covered employee stands in the same position as an insured in a private insurance contract E. holding that whether in tort or contract all malpractice claims are covered by the same statute of limitations

assistant: The best answer is E. holding that whether in tort or contract all malpractice claims are covered by the same statute of limitations
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: this includes giving links misleading descriptions , putting the wrong `` source '' field in a post , setting misleading click-through links on images , or embedding links to interstitial or pop-up ads .

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: At the time of grant of Other Stock-Based Awards, the Committee will determine the factors which will govern the amount of an Other Stock-Based Award and the form in which it is denominated, which may include Units, including at the discretion of the Committee any Performance Goals or other criteria that must be satisfied as a condition of vesting or payment. The Committee may provide for an alternative specified amount, percentage or multiple under specified conditions. The Committee may require that Other Stock-Based Awards that are denominated in Units be subject to restrictions imposed by the operating agreement of the Partnership that are not inconsistent with the Plan.

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: Except as set forth on Schedule 4.4 hereof, each Credit Party has filed on or before their respective due dates or within the applicable grace periods, all United States federal, state, local and other tax returns which are required to be filed or has obtained extensions for filing such tax returns and is not delinquent in filing such returns in accordance with such extensions and has paid all material taxes which have become due pursuant to those returns or pursuant to any assessments received by any such Credit Party, as the case may be, to the extent such taxes have become due, except to the extent such taxes are being contested in good faith by appropriate proceedings diligently conducted and with respect to which adequate provision has been made on the books of such Credit Party as may be required by GAAP.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: has repeatedly taken to the nearly identical language found in § 922(g)”), pet. for cert. filed, No. 04-9627 (Apr. 7, 2005). Simply put, under our uniform line of controlling precedent, § 922(g) is a constitutional exercise of Congress’s Commerce Clause power. Taylor’s admission, at the plea colloquy, that he possessed a gun that had traveled in interstate commerce was sufficient to demonstrate the required nexus to interstate commerce. Accordingly, we affirm Taylor’s conviction. As for Taylor’s Booker claim, the Sixth Amendment right to trial by jury is violated where, under a mandatory Guidelines system, a sentence is increased because of an enhancemen mproper factfinding in imposing sentence, it did commit Booker statutory error when it sentenced Taylor under a mandatory scheme. Id. (<HOLDING>). Booker statutory errors are harmless if Options: A. holding that even without booker constitutional error in the district courts application of the guidelines there could be nonconstitutional error where the court applied the guidelines in a mandatory fashion B. holding that there is no nonconstitutional error under booker where the district court sentencing in the alternative sufficiently considered the guidelines as well as the other factors listed in 3553a C. holding that the mere mandatory application of the guidelines the district courts belief that it was required to impose a guidelines sentence constitutes error D. recognizing that booker error may occur even in the absence of judicial factfinding where district court treats guidelines as mandatory E. holding nonconstitutional booker error occurs when the district court applies the guidelines in a mandatory rather than advisory fashion even though the resulting sentence was calculated based solely upon facts admitted by the defendant or found by a jury

assistant: The best answer is A. holding that even without booker constitutional error in the district courts application of the guidelines there could be nonconstitutional error where the court applied the guidelines in a mandatory fashion
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company and its subsidiaries are corporations, duly organized, validly existing and in good standing under the Laws of the jurisdiction in which they are incorporated. The Company has the full corporate power and authority and all necessary certificates, licenses, approvals and Permits to: (i) enter into and execute this Agreement and the Transaction Documents and to perform all of its obligations hereunder and thereunder; and (ii) own and operate its Assets and properties and to conduct and carry on its business as and to the extent now conducted. The Company is duly qualified to transact business and is in good standing as a foreign corporation in each jurisdiction where the character of its business or the ownership or use and operation of its Assets or properties requires such qualification, except to the extent that failure to so qualify will not result in a Material Adverse Effect.

assistant: Organizations
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: so ordered on August 13, 2002 extended the time to November 31, 2002; the Eighth Stipulation so ordered on November 24, 2002 extended the time to January 3, 2003; the Ninth Stipulation so ordered on December 13, 2002 extended the time until April 4, 2003; the Tenth Stipulation so ordered on March 17, 2003 extended the time until June 30, 2003 and the Eleventh Stipulation so ordered on June 10, 2003 extended the time until September 30, 2003. 19 . The Debtor incorrectly asserts, in bold print in its Objection, that Burger Boys stands for the proposition that extensions require notice and a motion. See Objection at ¶ 115. 20 . See also, Edward J. Debartolo Corp. v. Child World, Inc.; Net Realty Holding Trust v. Child World, Inc. (In re Child World), 146 B.R. 89, 92 (S.D.N.Y.1992) (<HOLDING>). 21 .The failure to pay post-petition rent and Options: A. holding that extension of exclusive liability to project owners did not violate due process or equal protection rights of injured workers B. holding that courts will dismiss an appeal as moot unless an actual case or controversy exists at all stages of the judicial or administrative process C. holding that the bias streamlining procedure does not violate an aliens due process rights D. holding that ex parte extensions of time to assume or reject leases had for all practical purposes only an administrative rather than a substantive effect and do not violate due process unless the party asserting improper procedure can demonstrate that they were substantially or irreparably injured E. holding that doctrine does not violate due process

assistant: The best answer is D. holding that ex parte extensions of time to assume or reject leases had for all practical purposes only an administrative rather than a substantive effect and do not violate due process unless the party asserting improper procedure can demonstrate that they were substantially or irreparably injured
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: disrupt , overburden , or aid or assist in the disruption or overburdening of any computer or server ( `` server '' ) used to offer or support the service or any supercell game environment .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: But he was not entitled to use his special skills and his knowledge as an attorney to maneuver this suit to his advantage, and to defy the orders of the court designed to advance its resolution.” Id. at 1034 (affirming involuntary dismissal sanction for attorney litigant who refused to obey court orders or pay a previously imposed sanction). Legg cannot complain of “denial of access to the courts” after he has abused the court system time and time again and has failed to comply with numerous court orders. “We can ill afford to permit litigants to waste scarce court resources with disingenuous or frivolous arguments and motions asserted purely to hinder and delay the efficient operation of justice.” McLeod, Alexander, Powel, Apffel, P.C. v. Quarles, 894 F.2d 1482, 1487 (5th Cir.1990) (<HOLDING>). Legg complains that the trial court erred by Options: A. holding that although courts have inherent power to dismiss bad faith litigant 707a does not provide basis for dismissal on grounds of bad faith filing B. holding that trial court must make entry of default prior to entry of default judgment and court may not make entry of default when there is no default in law or in fact C. holding that partys bad faith and callous disregard of his responsibilities justified courts striking of pleadings and entry of default judgment against him D. holding that partys consent to the trial courts entry of judgment waives any error except for jurisdiction error contained in the judgment E. holding that a bad faith claim is a tort

assistant: The best answer is C. holding that partys bad faith and callous disregard of his responsibilities justified courts striking of pleadings and entry of default judgment against him
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 the Executive, and the Executive agrees to serve the Company, as its Executive Vice President, Merchandising, Inventory and Replenishment (“Executive’s Position”). The parties intend that the Executive shall continue to so serve in this capacity throughout the Employment Term (as such term is defined below).

assistant: Positions
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: it encompasses a duty to refrain from implementation at all, unless and until an overall impasse has been reached on bargaining for the agreement as a whole.” Bottom Line Enters., 302 NLRB 373, 374 (1991). The Board recognizes two limited exceptions to requiring an employer to bargain to impasse: “[w]hen a union, in response to an employer’s diligent and earnest efforts to engage in bargaining, insists on continually avoiding or delaying bargaining, and when economic exigencies compel prompt action.” Id. The mandatory subjects of bargaining include “wages, hours, and other terms and conditions of employment.” 29 U.S.C. § 158(d). Employees’ workloads, such as the number of rooms a housekeeper must clean at issue here, is a mandatory subject of bargaining. See HTH, 2011 WL 2414720, at *6 (<HOLDING>); see also Beacon Piece Dyeing & Finishing Co., Options: A. holding that the district courts erroneous rulings violated respondents sixth amendment right to paid counsel of his choosing B. holding that the number of rooms that housekeepers must clean is a mandatory subject of bargaining C. holding that respondents violated 8a1 and 5 of the act uni laterally changing the housekeepers workloads by adding two additional rooms to clean per day D. holding that the limitation act does not apply to claims brought under the clean water act E. holding that the government did not have to prove that the defendant knew that his acts violated the clean water act but merely that he was aware of the conduct that resulted in the permits violation

assistant: The best answer is C. holding that respondents violated 8a1 and 5 of the act uni laterally changing the housekeepers workloads by adding two additional rooms to clean per day
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 recuse himself just because his “prior conduct . . . indicates a view that would favor one party or the other. If that were the law, no judge could sit on a case after rendering a decision in a similar case.” Id. ¶ 23. {66} Las Cruces Professional Fire Fighters also analyzed administrative bias in general and adopted the analysis of Professor Kenneth Culp Davis, who, in his treatise, compiled a list of five basic types of bias. Id. ¶ 24 (describing framework laid out in 3 Kenneth Culp Davis, Administrative Law Treatise § 19:1, at 371-72 (2d ed. 1980)). Most importantly, we adopted Professor Davis’s position that an official’s “[ajdvance knowledge of adjudicative facts ... is not alone a disqualification for findi Control Comm’n, 2006-NMCA-115, ¶ 50, 140 N.M. 464, 143 P.3d 502 (<HOLDING>). {68} In the instant case, both the hearing Options: A. recognizing familiarity with governing law as reason to grant motion to transfer B. holding that we consider an agencys expertise or special knowledge when application of the regulation is primarily factual and necessarily requires application of the agencys technical knowledge and expertise to the facts presented citation omitted internal quotation marks omitted C. holding that familiarity with facts is insufficient to constitute bias stating that it is impractical to require commissioners to sit with an entirely clean slate and that cjommissioners are appointed because of their knowledge and expertise D. holding that evidence of the defendants personal cocaine use was relevant to their knowledge regarding the charge of conspiring to import marijuana because it demonstrated their familiarity with illegal drugs E. holding that agencys construction of statute it was charged with enforcing was entitled to deference because it was reasonable in line with the statutes meaning and related to its expertise

assistant: The best answer is C. holding that familiarity with facts is insufficient to constitute bias stating that it is impractical to require commissioners to sit with an entirely clean slate and that cjommissioners are appointed because of their knowledge and expertise
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: using one argument and then relying upon a contradictory argument to prevail in another phase.” In re Zachary G., 159 N.H. 146, 152 (2009) (quotation omitted). “The general function of judicial estoppel is to prevent abuse of the judicial process, resulting in an affront to the integrity of the courts.” Pike v. Mullikin, 158 N.H. 267, 270 (2009) (quotation omitted). While the circumstances under which judicial estoppel may be invoked vary, three factors typically inform the doctrine’s application: (1) whether the party’s later position is clearly inconsistent with the party’s earlier position; (2) whether the earlier position was accepted by the court; and (8) whether the party seeking to assert a later inconsistent position would derive an unfair advantage or N.H. 813, 849 (2005) (<HOLDING>). Had the State challenged whether Willey was a Options: A. recognizing action for tortious interference with prospective advantage B. holding that the plaintiff who prevailed in an ipra enforcement action was entitled to an award of damages fees and costs C. holding that estoppel prevents a party who secured a judgment in his favor by virtue of assuming a given position in a prior legal proceeding from assuming an inconsistent position in a later action D. recognizing principle that as between common parties a position taken in an earlier judicial proceeding estops a litigant from adopting an inconsistent position in a later proceeding E. holding that defendant would derive an unfair advantage by taking a factual position inconsistent with one taken in an earlier action in which defendant prevailed

assistant: The best answer is E. holding that defendant would derive an unfair advantage by taking a factual position inconsistent with one taken in an earlier action in which defendant prevailed
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: and we will not repeat those facts here. Blair v. Woodford, 319 F.3d 1087 (9th Cir.2003). That order stayed our consideration of Blair’s habeas claim pending the outcome of Blair’s direct appeal to the California Supreme Court, which by that point had finally begun. Id. at 1088-89. In 2005, the California Supreme Court rendered its decision affirming Blair’s conviction and sentence in full. People v. Blair, 36 Cal.4th 686, 31 Cal.Rptr.3d 485, 115 P.3d 1145 (2005). We then resumed our proceedings. In a motion filed with us in 2005, while Petitioner’s appeal from the district court’s denial of his petition was pending, Petitioner asked for a hearing to determine whether he was competent to continue pursuing habeas relief. See Rohan ex rel. Gates v. Woodford, 334 F.3d 803 (9th Cir.2003) (<HOLDING>). In an unpublished order, we remanded the case Options: A. holding a prisoner has no constitutional right to a job in prison B. holding that 3771 does not give crime victims the right to intervene in federal habeas proceedings C. holding that infirmities in state habeas proceedings do not constitute grounds for federal habeas relief D. holding that a deathsentenced state prisoner has a right to a competency determination in federal habeas proceedings E. holding no right to counsel for capital defendants in state habeas proceedings

assistant: The best answer is D. holding that a deathsentenced state prisoner has a right to a competency determination in federal habeas proceedings