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: Del. Oct. 16, 2009), aff'd, 418 Fed.Appx. 142 (3d Cir. 2011), cert. denied, 564 U.S. 1026, 131 S.Ct. 3038, 180 L.Ed.2d 858 (2011). The Moore court stated in part, Moore did take the stand and respond to questions from his attorney after his requests to proceed pro se. But by contrast with McKaskle, no presumption of acquiescence attaches to that representation by counsel, because Moore was never permitted to proceed pro se. Without having ruled on Moore’s two requests for self-representation, the trial judge told Moore’s attorney to call the next witness and Moore was called to testify. It would be wholly unreasonable to require Moore, in order to preserve his requests to proceed pro se, to refuse the trial L.Ed.2d 274 (1990); Beverly v. State, 349 Md. 106, 707 A,2d 91, 97-98 (1998) (<HOLDING>). In sum, a "clear choice between two Options: A. holding defendant whose plea of guilty was improperly denied by trial court did not waive issue on appeal after conviction because he was faced with coercive choice B. holding that a highly relevant factor concerning whether there was a breach of duty to consult about appeal is whether the conviction follows a trial or a guilty plea both because a guilty plea reduces the seope of potentially appealable issues and because such a plea may indicate that the defendant seeks an end to judicial proceedings C. holding that a defendants guilty plea was unconditional where the guilty plea was not in writing and the government did not consent to it being conditional D. holding that the defendants guilty plea was valid where the district court carefully questioned the defendant about whether he understood the consequences of his guilty plea E. holding that since the statute does not provide for appeal of issues related to a motion to dismiss after entry of a guilty plea the defendant who raised only that issue had no right to appeal

assistant: The best answer is A. holding defendant whose plea of guilty was improperly denied by trial court did not waive issue on appeal after conviction because he was faced with coercive choice
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: All representations and warranties set forth in this Section 4 and all representations and warranties contained in any certificate or any of the other Loan Documents (including but not limited to any such representation or warranty made in or in connection with any amendment thereto) shall constitute representations and warranties made under this Agreement. All representations and warranties made under this Agreement (i) shall be made or deemed to be made at and as of the Closing Date and each day on which any Loan is requested or made by the Lender hereunder (except those representations and warranties made explicitly only as of the Closing Date), (ii), shall survive the Closing Date, and (iii) shall not be waived by the execution and delivery of this Agreement, any investigation made by or on behalf of the Lender or any extension of credit hereunder.

assistant: Warranties
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: carrying, pushing or pulling while at work, and that she was limited in her ability to sit, stoop, and bend. (T. 180). In spite of Dr. Riggs’ assessment, the ALJ ruled that plaintiff was not disabled, and he denied benefits. Although the ALJ ruled that she could not still perform her past work as a laborer in a canning factory or as a home health care aide, he found that plaintiff had the residual functional capacity to perform light work, based on his application of the medical-vocational guidelines (“the grids”). (T. 27-28). DISCUSSION A. The Standard of Review The first issue to be determined by this Court is whether the Commissioner applied the correct legal standard. Tejada v. Apfel, 167 F.3d 770, 773 (2d. Cir.1999); see also Johnson v. Bowen, 817 F.2d 983, 986 (2d Cir.1987) (<HOLDING>); see also Townley v. Heckler, 748 F.2d 109, Options: A. holding that the court must first review the aljs decision for correct legal principles before applying the substantial evidence standard to uphold a finding of no disability B. holding that the magistrate was correct in applying the knowing and voluntary standard in this instance C. holding that the standard of review for the sufficiency of the evidence is the same as the standard for denying a motion for a directed verdict D. holding that appeal from a decision of the attorney general denying legal representation was before the appellate division as of right to review the final decision of a state officer E. holding that appellate court could not review the sufficiency of the evidence based on a particular legal standard because that standard was not submitted to the jury and no party objected to the charge on this ground or requested that the jury be charged using this standard

assistant: The best answer is A. holding that the court must first review the aljs decision for correct legal principles before applying the substantial evidence standard to uphold a finding of no disability
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: uber may , in uber 's sole discretion , create promotional codes that may be redeemed for account credit , or other features or benefits related to the services and/or a third party provider 's services , subject to any additional terms that uber establishes on a per promotional code basis ( `` promo codes '' ) .

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 Executive and the Company each acknowledge that a breach of his/its covenants contained in this Section 6 may cause irreparable damage to the other party, the exact amount of which would be difficult to ascertain, and that the remedies at law for any such breach or threatened breach would be inadequate. Accordingly, each party agrees that if he/it breaches or threatens to breach any of the covenants contained in this Section 6, in addition to any other remedy which may be available at law or in equity, the other party shall be entitled to specific performance and injunctive relief to prevent the breach or any threatened breach thereof without bond or other security or a showing that monetary damages will not provide an adequate remedy.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Court should afford deference to the interpretation of the Board of Immigration Appeals, and hold that mandatory detention applies to Petitioner. (Id. at 3-7.) Second, Respondent objects that Magistrate Judge Theiler never addressed its argument that Petitioner’s continued detention is lawful pursuant to INA § 236(a) and 8 C.F.R. §§ 241.8 and 241.4(c). (Dkt. No. 19 at 7-9.) Respondent asserts these provisions permit the district director or the director of detention and removal to exercise discretion, and asserts that Petitioner therefore has received all the benefits of due process that he is entitled to. (Id. at 9.) Discussion A. Mandatory Detention Petitioner is not subject to mandatory detention under INA § 236(c), because that section only requires mandatory dete 7 (W.D.Wash.1997) (<HOLDING>). Petitioner is deportable because of his 2001 Options: A. holding that we have jurisdiction to review an aliens legal eligibility for relief under former ina 212c B. holding that an aliens express waiver of his right to appeal to the bia deprives this court of jurisdiction to consider the aliens subsequent petition for review C. holding that the failure to notify aliens counsel of an order to appear for deportation violated the aliens statutory right to counsel D. holding that under permanent rules of hrira the court of appeals lacks jurisdiction over claims of aliens ordered deported for crimes listed in ina and holding that district courts retain habeas jurisdiction over deportation orders of criminal aliens E. holding that the plain meaning of the statute indicates that ina 236c applies to aliens immediately after release from custody and not to aliens released many years earlier

assistant: The best answer is E. holding that the plain meaning of the statute indicates that ina 236c applies to aliens immediately after release from custody and not to aliens released many years earlier
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 binding upon the Executive and upon the Executive’s dependents, heirs, representatives, exec utors, administrators, successors and assigns, and shall inure to the benefit of the Company and others released in this Agreement, and to their respective dependents, heirs, representatives, executors, administrators, 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 legal provision and list the applicable contract clause categories. Provision: The Company and its Subsidiaries have timely filed or caused to be filed all Tax returns and reports which, to the knowledge of any Financial Officer of the Company, were required to have been filed and have paid or caused to be paid all Taxes required to have been paid by them, except (a) those not delinquent, (b) any Taxes that are being contested in good faith by appropriate proceedings and for which the Company or such Subsidiary, as applicable, has set aside on its books adequate reserves or (c) to the extent that the failure to do so would not, individually or in the aggregate, reasonably be expected to result in a Material Adverse Effect.

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: responsible for supervising the administration of the settlement. Because the allocation plan appears fair and reasonable, the Court approves the allocation plan. D. Attorneys’ Fees Counsel request a fee of 33]é% of the $26,485,893.70 settlement. This amounts to the sum of $8,828,543. The Second Circuit has stated that attorneys who create a “common fund” are entitled to “a reasonable fee— set by the court — to be taken from the fund.” Goldberger v. Integrated Resources, Inc., 209 F.3d 43, 47 (2d Cir.2000). The determination of “reasonableness” is within the discretion of the district court. Id. There are two methods by which the district court may calculate reasonable attorneys’ fees in class action cases, the lodestar method and the percentage method. See Goldberger, 209 F.3d at 50 (<HOLDING>). Under the lodestar method, the district court Options: A. holding that the percentage of minority faculty need not approximate the percentage of minority students B. holding that both the lodestar and the percentage of the fund methods are permitted C. holding that the court has discretion to double check the reasonableness of the percentage fee through a lodestar calculation D. holding that a fee substantially less than the lodestar amount is permissible E. recognizing the lodestar may provide a useful perspective on the reasonableness of a given percentage award

assistant: The best answer is B. holding that both the lodestar and the percentage of the fund methods are permitted
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 RSU Award shall constitute an agreement by the Company to issue or deliver shares of Common Stock or cash to the Recipient following the end of the applicable Restricted Period in consideration of the performance of services. Each such grant of Restricted Stock Units may be made without additional consideration or in consideration of a payment by such Recipient that may be less than the Fair Market Value per share of Common Stock at the date of grant.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: guided by his experience and training.” State v. Watkins, 337 N.C. 437, 441, 446 S.E.2d 67, 70 (1994) (citations omitted). “The only requirement is a minimal level of objective justification, something more than an ‘unparticularized suspicion or hunch.’ ” Id. at 442, 446 S.E.2d at 70 (quoting Sokolow, 490 U.S. at 7, 104 L. Ed. 2d at 10). Under the “totality of the circumstances” test, we consider several factors on the part of the accused including a suspect’s nervousness or activity at an unusual hour. See State v. McClendon, 350 N.C. 630, 639, 517 S.E.2d 128, 133 (1999) (concluding that the circumstances gave rise to a reasonable suspicion because the defendant was fidgeting, sweating, breathing rapidly, and avoiding eye contact); Watkins, 337 N.C. at 443, 446 S.E.2d at 70-71 (<HOLDING>). We also take into account a defendant’s Options: A. holding that the police officer had reasonable suspicion when he saw a vehicle moving with its lights off in the parking lot of a closed business in a rural area at 300 am B. holding that the officer lacked reasonable suspicion to stop the car in which the defendant was a passenger when the officer saw the vehicle come out from behind a closed building at 330 am and the building had been recently burglarized C. holding that evidence was sufficient to establish that appellant operated vehicle while intoxicated when vehicle was registered to appellants mother who testified that he had vehicle on night in question appellant was found fourtenths of a mile from accident scene in rural area and police and ems personnel saw no one else in area D. holding that no privacy interest was invaded when the officers saw the defendants activities while he was parked in a tavern parking lot and seated in a vehicle with the console light on E. holding that police officers had reasonable suspicion of criminal activity after observing a group of men huddled around a closed store at 2 am

assistant: The best answer is A. holding that the police officer had reasonable suspicion when he saw a vehicle moving with its lights off in the parking lot of a closed business in a rural area at 300 am
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) There are no actions, suits or proceedings by or before any arbitrator or Governmental Authority (including with respect to any Environmental Liability) pending against or, to the knowledge of the Company or any Subsidiary, threatened in writing against or affecting the Company or any Subsidiary that (i) could reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect or (ii) involve any of the Loan Documents or the Transactions.

assistant: Litigations
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: action pursuant to section 1653(2)(B) “should be considered with at least the same level of scrutiny as that required for a petition under the Grandparents Visitation Act,” that is, by demonstrating, on a prima facie basis, their standing as de facto parents, or according to some other extraordinary circumstance. Davis, 2008 ME 125, ¶ 12, 15, 17, 953 A.2d 1166; see Katon v. Brandi M., 2011 ME 131, ¶¶ 2-3, 32 A.3d 1047 (upholding the dismissal of a grandparent visitation petition when the contact alleged was “typical for a grandparent and not extraordinary”); Philbrook, 2008 ME 152, ¶¶2-5, 16-22, 26, 957 A.2d 74 (concluding-that the “loving and helpful grandparents” with whom the children had lived periodically did not establish standing); Robichaud, 2003 ME 54, ¶¶ 6-11, 820 A.2d 1212 (<HOLDING>). [¶ 17] Of course, one predicate to all of Options: A. holding that the trial court had discretion to prohibit defendant from residing within one mile of the victim given the statutory authority to prohibit direct or indirect contact with an individual B. holding that the defendant bears the burden of proving outside contact with the jury C. holding that a pattern of intermittent contact in the form of occasional visits lasting from one day to one week over three and onehalf years intermixed with several periods of daily contact typified the contact that one would anticipate from a connected extended family and was not extraordinary enough to establish a compelling state interest D. holding no abuse of discretion where judge had personal relationship with government witnesses but had not had contact with them for over ten years E. holding that the defendant bears the initial burden of demonstrating that the improper juror contact occurred and only if the contact is established must the government demonstrate absence of prejudice

assistant: The best answer is C. holding that a pattern of intermittent contact in the form of occasional visits lasting from one day to one week over three and onehalf years intermixed with several periods of daily contact typified the contact that one would anticipate from a connected extended family and was not extraordinary enough to establish a compelling state interest
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 the Employee’s employment with the Company or any Affiliate of the Company is terminated for any reason by action of the Company or by action of the Employee (including termination due to the Employee’s death or disability) any portion of the Long Term Performance Award that is not Vested as of the date of such termination will be forfeited to the Company and will be null and void. In addition, this Agreement will terminate on December 31, 2018 and to the extent the Long Term Performance Award is not Vested as of such date the Long Term Performance Award will be forfeited to the Company and will be null and void.

assistant: Forfeitures
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: Before and after giving effect to each Credit Extension, (a) the Credit Parties, taken as a whole, are and will be Solvent, and (b) the Credit Parties and the Material Foreign Subsidiaries, taken as a whole, are and will be Solvent. No transfer of property is being made by any Borrower and no obligation is being incurred by any Borrower in connection with the transactions contemplated by this Agreement or the other Loan Documents with the intent to hinder, delay, or defraud either present or future creditors of any Borrower.

assistant: Solvency
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 eligible for a reduction of sentence for good behavior in the manner provided in this section. For purposes of calculating the amount of time by which an inmate's sentence may be reduced, inmates shall be grouped into the following two sentencing categories: a. ... An inmate of an institution under the control of the department of corrections who is serving a category "A” sentence is eligible for a reduction of sentence equal to one day for each day of good conduct while committed to one of the department’s institutions. In addition, each inmate who is serving a category “A" sentence is eligible for an additional reduction of up to five days per month if the inmate participates satisfactorily in any of the following activi n some manner for unsatisfactory participation. Cf. id. (<HOLDING>). Propp only claims his unsatisfactory Options: A. holding that the ex post facto clause has no application to deportation B. holding that district court did not violate ex post facto clause in applying remedial holding of booker at sentencing C. holding imposition of discipline for refusal to supply blood specimen did not violate ex post facto clause D. holding that revocation of medical license does not violate the ex post facto clause E. holding that parole guidelines are subject to the ex post facto clause

assistant: The best answer is C. holding imposition of discipline for refusal to supply blood specimen did not violate ex post facto clause
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: constituting an unconstitutional irrebuttable presumption, citing to Dean v. McWherter, 70 F.3d 43 (6th Cir.1995). In that case, the Court of Appeals opined that an irrebuttable presumption “can only violate due process if it operates to deprive convicted sex offenders of a protected interest.” Id. at 46. The court, therefore, held that a Tennessee statute declaring sex offenders mentally ill did not create an unconstitutional irrebuttable presumption because reputation, under federal constitutional law, is not in and of itself protected under the due process clause unless it is linked to another deprivation of life, liberty, or property, such as involuntary commitment to a mental hospital. Id. at 45 (citing Paul v. Davis, 424 U.S. 693, 701, 96 S.Ct. 1155, 47 L.Ed.2d 405 (1976) (<HOLDING>)). While an accurate description of federal Options: A. holding the right to marry is a central part of the liberty protected by the due process clause B. holding that damage to reputation alone does not trigger due process protections for purposes of 42 usc 1983 C. holding that reputation is not protected under the federal due process clause in the absence of a more tangible injury creating the socalled stigmaplus line of federal cases concerning reputation D. holding that a state tort claim is a species of property protected by the due process clause E. holding a judgment in the absence of notice violates due process rights

assistant: The best answer is C. holding that reputation is not protected under the federal due process clause in the absence of a more tangible injury creating the socalled stigmaplus line of federal cases concerning reputation
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: All notices provided for or permitted to be given pursuant to this Agreement must be in writing and shall be given or served (a) by depositing the same in the United States mail addressed to the party to be notified, postpaid and certified with return receipt requested, (b) by depositing the same with a nationally recognized overnight courier service which requires recipients to sign for all deliveries, (c) by delivering such notice in person to such party or (d) by prepaid telegram, telex, or telecopy. All notices are to be sent to or made at the addresses set forth on the signature pages hereto. All notices given in accordance with this Agreement shall be effective upon delivery at the address of the addressee. By giving written notice thereof, each Member shall have the right from time to time to change its address pursuant hereto.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: official capacity as members of the Louisiana Air National Guard, which was in turn acting under color of state law. 10 . The Court also notes that, in their opposition to the State Defendants’ motion for summary judgment, Plaintiffs concede that Thomas is a “state police officer.” Rec. Doc. 51, p. 29. 11 . Although this issue was not raised by the parties, the Court also notes that according to "long and clearly established Supreme Court precedent ... neither a State nor its officials acting in their official capacities are 'persons’ under § 1983,” and thus neither a State nor its officials are amenable to suit under §§ 1983, 1985, or 1986. Fairley v. Stalder, 294 Fed.Appx. 805, 808-809 (5th Cir.2008); Bryant v. Military Dept. of State of Miss., 381 F.Supp.2d 586, 592 (S.D.Miss.2005) (<HOLDING>). Thus, Plaintiffs’ official ca pacity claims Options: A. holding that claims under 1983 1985 and 1986 are barred for the further reason that these statutes create rights solely against persons and a state is not considered a person under these statutes B. holding that these statutes are not intended to create a duty where none exists but to preserve any that do exist C. holding housing statutes create no rights in tenants for purposes of section 1983 D. holding these two statutes are not criminal offenses and only affect sentencing E. holding state is not a proper defendant under 1985

assistant: The best answer is A. holding that claims under 1983 1985 and 1986 are barred for the further reason that these statutes create rights solely against persons and a state is not considered a person under these statutes
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 OF THE BORROWER, THE ADMINISTRATIVE AGENT AND THE LENDERS HEREBY IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE NOTES OR THE TRANSACTIONS CONTEMPLATED HEREBY .

assistant: Waiver Of Jury Trials
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: evidence or different reasonable inferences that may be drawn from the evidence, the issue is factual and should be submitted to the jury.’” (quoting Sims, 898 So.2d at 1005)); Smith v. Telophase Nat’l Cremation Soc’y, Inc., 471 So.2d 163, 166 (Fla. 2d DCA 1985) (affirming denial of crematorium’s motion for directed verdict in case where jury found that crematorium committed tort of intentional infliction of emotional distress when it gave deceased’s widow another person’s ashes and scattered deceased’s ashes at sea against his wishes; “it [is] within the province of the jury to find that the facts, and the proper inferences from the facts, establish that [crematorium’s] conduct was extreme and outrageous”); see also Williams v. City of Minneola, 575 So.2d 683, 691 (Fla. 5th DCA 1991) (<HOLDING>). D. Punitive damages The Hospital argues that Options: A. holding unreasonable an extraordinary variance based on factors such as the defendants lack of criminal history his health conditions and the lack of improper interactive behavior with children B. holding that 21 years of crimefree violencefree behavior twelve years of good behavior in prison and other meaningful productive activities were not sufficient to outweigh the states evidence in support of the death penalty C. holding that the victim impact and victim vulnerability aggravators were not overbroad and explaining that though the concepts of victim impact and victim vulnerability may well be relevant in every case evidence of victim vulnerability and victim impact in a particular case is inherently individualized D. holding that the good behavior requirement of a suspended sentence defined the period of suspension E. recognizing that our society shows a particular solicitude for the emotional vulnerability of survivors regarding improper behavior toward their dead loved one and that in such cases behavior which in other circumstances might be merely insulting frivolous or careless becomes indecent outrageous and intolerable

assistant: The best answer is E. recognizing that our society shows a particular solicitude for the emotional vulnerability of survivors regarding improper behavior toward their dead loved one and that in such cases behavior which in other circumstances might be merely insulting frivolous or careless becomes indecent outrageous and intolerable
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 execution and delivery by each Loan Party of this Amendment, the Fee Letter (as amended and restated on the Sixth Amendment Effective Date), the Side Letter (as amended and restated on the Sixth Amendment Effective Date) and each other Loan Document to which it is or will be a party, and the performance by it of the Fee Letter (as amended and restated on the Sixth Amendment Effective Date), the Side Letter (as amended and restated on the Sixth Amendment Effective Date) and the Financing Agreement, as amended hereby, (i) are within the power and authority of such Loan Party and have been duly authorized by all necessary action, (ii) do not and will not contravene any of its Governing Documents, (iii) do not and will not result in or require the creation of any Lien (other than pursuant to any Loan Document) upon or with respect to any of its properties, (iv) do not and will not result in any default, noncompliance, suspension, revocation, impairment, forfeiture or nonrenewal of any permit, license, authorization or approval applicable to its operations or any of its properties, except (solely for the purposes of this subclause (iv)) to the extent that such default, noncompliance, suspension, revocation, impairment, forfeiture or nonrenewal could not reasonably be expected to have a Material Adverse Effect and (v) do not contravene any applicable Requirement of Law or any Contractual Obligation binding on or otherwise affecting it or any of its properties, except (solely for the purposes of this subclause (v)) to the extent it could not reasonably be expected to have a Material Adverse Effect.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Committee may amend, modify or terminate the Award and this Agreement without approval of Grantee; provided, however, that such amendment, modification or termination shall not, without Grantee’s consent, reduce or diminish the value of this award determined as if it had been fully vested (i.e., as if all restrictions on the Units hereunder had expired) on the date of such amendment or termination. Notwithstanding anything herein to the contrary, the Committee may, without Grantee’s consent, amend or interpret this Agreement to the extent necessary to comply with Section 409A of the Code and Treasury regulations and guidance with respect to such law.

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: The provisions of Sections 5, 6.1, 6.2, 6.4, 6.5, 7, 8, 9, 10 and 11 shall indefinitely survive Executive’s employment with the Company. The provisions of Section 6.3 shall survive for the Restricted Period, as defined therein.

assistant: Survival
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: Notices and other communication provided for herein shall be in writing and shall be delivered by hand or overnight courier service, mailed by certified or registered mail or sent by telecopy or electronic photocopy format sent by electronic mail, to the applicable party at its address set forth below its name on the signature pages of this Guaranty or such other address as shall be designated by such party in a written notice to the other parties hereto. All notices and other communications given to any party hereto in accordance with the provisions of this Guaranty shall be deemed to have been given on the fifth Business Day after the date when sent by registered or certified mail, postage prepaid, return receipt requested, if by mail, or upon receipt by such party, if by any electronic or facsimile communications equipment, in each case addressed to such party as provided herein or in accordance with the latest unrevoked written direction from such party.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: At Closing, all of Seller's rights, title and interests, if any, to the extent assignable, in and to the Contracts and the Intangible Property shall be transferred and assigned to Buyer, and Buyer shall assume all of Seller's obligations and liabilities under the Contracts and the Intangible Property arising from and after Closing, subject to the provisions of Section 11 hereof, by an Assignment and Assumption of Contracts and Intangible Property (the " Assignment and Assumption of Contracts and Intangible Property ") in the form attached hereto as Exhibit "5" and by such other document that may be legally required to effect the assignment and assumption of any part of the Contracts or the Intangible Property.

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: Neither the Seller nor any of its Subsidiaries: (i) is, or is owned or controlled by, a Sanctioned Person; or (ii) is located, incorporated, organized, or resident in a Sanctioned Country. No proceeds from any Purchase will be used, directly or indirectly, to lend, contribute, provide, or have otherwise been or will be made available to fund, any activity or business with any Sanctioned Person or Sanctioned Country, or in any other manner that will result in any violation or breach by Owens Corning or any of its Subsidiaries of Sanctions Laws. Owens Corning and its Subsidiaries have implemented and maintain in effect policies and procedures designed to ensure compliance by Owens Corning, its Subsidiaries and their respective directors, officers, employees and agents with Anti-Money Laundering Laws and Sanctions Laws, and Owens Corning, its Subsidiaries and their respective officers and employees and to the knowledge of the Seller, its directors and agents, are in compliance with Anti-Corruption Laws and Sanctions Laws in all material respects.

assistant: Sanctions
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: Justice BAER files a concurring opinion in which Chief Justice CASTILLE joins. 1 . The three distinct factors that must be considered are as follows: First, the private interest that will be affected by the official action; second, the risk of an erroneous deprivation of such interest through the procedures used, and the probable value, if any, of additional or substitute procedural safeguards; and finally, the Government's interest, including the function involved and the fiscal and administrative burdens that the additional or substitute procedural requirements will Cmwlth.2003) (concluding that substantial evidence supported indicated report that daycare provider’s son had abused a child so as to support denial of request for expungement). Since its decision Pa.Cmwlth.2005) (<HOLDING>). 5 . The issue presented is a question of law; Options: A. holding that a classmates testimony of sexual assault provided substantial evidence to support a students suspension from the university B. holding moot the plaintiffs challenge to a universitys requirement that foreign students carry health insurance where named plaintiffs were no longer students at the university C. holding that merger did not apply because sexual assault was not a lesser included offense of seconddegree kidnapping involving sexual assault D. holding evidence of sexual assault relevant to show defendants motive in kidnapping victim E. holding that allegations of sexual assault by an employee of the church fell within coverage for sexual misconduct

assistant: The best answer is A. holding that a classmates testimony of sexual assault provided substantial evidence to support a students suspension from the university
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 the Revolving Loans and the Swingline Loans, and the Letters of Credit, shall be used for general corporate purposes, including, but not limited to, repayment of any Indebtedness and to backstop the issuance of commercial paper.

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 case excerpt and choose the best holding from the options. Case excerpt: to “make things right” by his own calculations based on the price he paid per square foot times the missing 625 square feet. According to Matheus, the square footage was important to him in purchasing the house because he wanted to be close to the house he planned to build, and that he wanted to sell it for at least what he put into it after making planned changes to the inside. Matheus’s testimony affirmatively reflected that he was referring to the intrinsic value of the property to him for his personal purposes, rather than the fair market value. As such, his testimony was irrelevant to the proper measure of damages either based on benefit-of-the-bargain or out-of-pocket loss, and constituted no evidence of the market value of the property as received. Porras, 675 S.W.2d at 505 (<HOLDING>); Ford Motor Co., 125 S.W.3d at 803 (holding Options: A. holding testimony of owner referring to personal rather than market value irrelevant and no evidence even absent objection B. holding that there was no evidence of market value where owners testimony affirmatively showed that it was based on personal value C. holding parties negotiated price of vehicle was evidence of market value as represented D. holding that a retained equity interest is property even if it has no market value E. holding recovery precluded absent evidence of market value of vehicle when received

assistant: The best answer is A. holding testimony of owner referring to personal rather than market value irrelevant and no evidence even absent objection
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 his letter. See Second Retyped Indictment ¶¶ 17-26 (App. 144-48). McCoy’s testimony to the same effect at her 1998 criminal trial was the principal ground for the presentence report’s conclusion, adopted by the sentencing judge, that McCoy had likewise committed perjury at that trial and therefore deserved the two-point enhancement for obstruction of justice. Since the jury reached its conclusion based on a standard more stringent than “clear and convincing” evidence — i.e., evidence beyond a reasonable doubt — and since the district court was entitled to rely upon the jury’s verdict at sentencing, the court’s opportunity to observe the testimony is irrelevant and the defendant’s complaint necessarily fails. See United States v. Montague, 40 F.3d 1251, 1256 n. 4 (D.C.Cir.1994) (<HOLDING>). At oral argument, McCoy conceded the force of Options: A. holding that on a review of the sufficiency of the evidence the court determines whether any rational trier of fact could have found all the elements of the offense beyond a reasonable doubt B. holding that beyond reasonable doubt standard not required in termination cases C. holding that 3c11 enhancements are proper where juries have found beyond a reasonable doubt that the defendant lied and could not have convicted otherwise quoting united states v thompson 962 f2d 1069 1071 dccir1992 D. holding that a petitioner is entitled to habeas relief if no rational trier of fact could have found proof of guilt beyond a reasonable doubt E. holding that a petitioner is entitled to habeas corpus relief if it is found that upon the record evidence adduced at the trial no rational trier of fact could have found proof of guilt beyond a reasonable doubt

assistant: The best answer is C. holding that 3c11 enhancements are proper where juries have found beyond a reasonable doubt that the defendant lied and could not have convicted otherwise quoting united states v thompson 962 f2d 1069 1071 dccir1992
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: there was no vexatious litigant order entered against Wolfe at the time he filed in district court, there was no state court judgment from which he could have been seeking relief. Instead of seeking relief from prior state court judgments, Wolfe seeks declaratory and injunctive relief against the threatened future enforcement of the Vexatious Litigant Statute. He argues that the statute violates the First Amendment, the Equal Protection Clause, and the Due Process Clause; that it constitutes an ex post facto law and a bill of attainder; and that it subjects vexatious litigants to double jeopardy. In his prayer for relief, Wolfe requests “a declaration that California Code of Civil Procedure Sections 391-391.7 .:. are unconstitutional on the nburgh, 970 F.2d 501, 508 (9th Cir.1992) (<HOLDING>). We construe Wolfe’s references to the prior Options: A. holding that in order to establish standing a plaintiff must show 1 it has suffered an injury in fact 2 the injury is fairly traceable to the challenged action of the defendant and 3 it is likely as opposed to merely speculative that the injury will be redressed by a favorable decision B. holding that the threat of injury was not speculative because the plaintiffs had been previously charged under the challenged statute C. holding that plaintiffs had not satisfied their burden to show that the arbitration agreement was unenforceable because plaintiffs claims of prohibitive costs were too speculative D. holding that damages were not available to a plaintiff who challenged an ordinance under a due process theory because the plaintiff had not sought a permit and therefore any claim for damages was purely speculative E. holding that plaintiffs legal malpractice claim was not ripe until the appeal had been exhausted because plaintiffs harm remained speculative until then

assistant: The best answer is B. holding that the threat of injury was not speculative because the plaintiffs had been previously charged under the challenged statute
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 examined the entire affidavit, including the challenged statement, and concluded that it established probable cause to search Mr. Looney’s residence. The district court’s factual finding that the affiant officer did not deliberately or recklessly include the false statement in the affidavit cannot be disturbed unless it is clearly erroneous. United States v. Gonzalez, 328 F.3d 755, 758 (5th Cir.2003). Based on our review of the record, we find no basis to overturn the district court’s assessment. Furthermore, assuming that Mr. Looney did not waive his argument regarding the other statements in the affidavit that he challenges for the first time on appeal, the district court did not plainly err by failing, sua sponte, to excise those statements. See Pope, 467 F.3d at 919 n. 20 (<HOLDING>). Mr. Looney presented no evidence at the Options: A. holding that omission was not plain error B. holding that any error was harmless and thus not plain error C. holding that assuming suppression argument not waived there was no plain error D. holding that suppression issue was waived under rule 12 but then noting that the court did not find plain error in the district courts admission of the evidence E. holding that suppression issue not raised to the district court was waived under rule 12

assistant: The best answer is C. holding that assuming suppression argument not waived there was no plain error