flwrlabs/fed-legal huggingface dataset:
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of release amount to “home detention” under RCW 9.94A.030, the defendant is entitled to receive credit against his sentence for the time spent on home detention pending appeal. State v. Anderson, 132 Wn.2d 203, 212-13, 937 P.2d 581 (1997). ¶8 The right to receive credit for time spent on postconviction electronic home detention is not statutory. Although Washington’s Sentencing Reform Act of 1981 (SRA), chapter 9.94A RCW, mandates that defendants receive credit against their sentence for time served under pretrial electronic home detention, it does not mandate credit for posttrial electronic home detention. See RCW 9.94A.505(6) (granting defendants credit for “all confinement time served before the sentencing”); see also State v. Speaks, 119 Wn.2d 204, 208-09, 829 P.2d 1096 (1992) (<HOLDING>). However, in Anderson, this court held that Options: A. holding that electronic home monitoring constitutes confinement under the sra B. holding electronic home monitoring is not time spent in custody because there is a difference in restrictions between electronic home monitoring and jail C. holding as a matter of law pretrial electronic monitoring and home confinement merits sentencing credit under its statute D. holding confinement to home and work through electronic supervision does not equate to custody E. holding the legislatures approval of granting a defendant credit against his sentence in a statute governing postsentence 17electronic monitoring by the department of correction but omission of that approval in a separate statute relating to pretrial electronic monitoring is evidence that the legislature did not intend for credit to be given for electronic monitoring while a defendant is awaiting trial

assistant: The best answer is A. holding that electronic home monitoring constitutes confinement under the sra
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 Grantor will not create, incur, or suffer to exist any Lien on the Collateral owned by it except (i) the security interest created by this Agreement and (ii) with respect to the Proceeds only, (1) Liens in favor of collecting banks arising by operation of law under Section 4-210 of the UCC or, with respect to collecting banks located in the State of New York, under 4-208 of the UCC and (2) Liens (including the right of set-off) in favor of a bank or other depository institution arising as a matter of law encumbering deposits.

assistant: Liens
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: 664, 694 (1964). Most courts and commentators have opposed allowing recovery of purely economic losses because of the fear that there will be crushing, virtually open-ended liability imposed on defendants if economic claims are recognized. “[OJnly a limited amount of physical damage can ever ensue from a single act, while the number of economic interests a tortfeasor may destroy in a brief moment of carelessness is practically limitless.” Comment, Foreseeability of ThirdParty Economic Injuries — A Problem in Analysis, 20 U.Chi.L.Rev. 283, 298 (1953). As Chief Judge (later Justice) Cardozo succinctly put it, liability would be “in an indeterminate amount for an indeterminate time to an indeterminate class.” Ultramares Corp. v. Touche, 255 N.Y. 170, 179, 174 N.E. 441, 444 (1931) (<HOLDING>). The possible extent of the liability is Options: A. holding that a public accountant was not liable to creditors and investors who relied upon a negligently prepared balance sheet reflecting the assets of a company B. holding the attorneyclient privilege does not extend to information reflecting a judgment debtors assets which is held by a law firm C. holding that a trustee had no standing to pursue claims of fraud against the debtors accountant because under connecticut law those claims belonged to investors D. holding that an accountant owed a duty of care not only to his own client but to a limited and foreseeable class of third parties for whose benefit and guidance the accountant knows the information is intended E. holding that an emergency petition by an insurance commissioner in her capacity as liquidator of an insurance company that was whollyowned by the debtor holding company was not an exercise of police and regulatory powers because it sought to take control of the debtors assets to allow certain policyholders and creditors to gain a pecuniary advantage over other creditors of the debtors estate

assistant: The best answer is A. holding that a public accountant was not liable to creditors and investors who relied upon a negligently prepared balance sheet reflecting the assets of a company
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: apply to his invasion of privacy claim. DOC argues the two-year statute of limitations applies for two reasons: first, because “[i]n-vasion of privacy by intrusion is an intentional act” and “[i]ntentional torts are subject to a two[-]year statute of limitations” under RCW 4.16.100; and second, “invasion of privacy claims are subject to a two[-]year statute of limitations” under Eastwood v. Cascade Broadcasting Co., 106 Wn.2d 466, 722 P.2d 1295 (1986). Br. of Resp’t at 38. We disagree with DOC and apply the three-year statute of limitations. ¶44 As noted, Emeson asserts an invasion of privacy by publication claim, not an invasion of privacy by intrusion. The tort invasion of privacy by publication does not include intent as an essential element. See Fisher, 125 Wn. App. at 879-80 (<HOLDING>). Thus, invasion of privacy by publication is Options: A. holding that invasion of an identifiable customers account is not a necessary element proof under the statute B. holding under section 1902a1 specific intent required as an element of section 1501 is the intent to cause the death of an individual C. holding intent as an essential element to an invasion of privacy by intrusion and not listing intent as a required element of invasion of privacy by publication D. holding that under delaware law the policys definition of personal injury as wrongful entry or eviction or other invasion of the right of private occupancy applies only to damages incurred as a result of an invasion of an interest in real property E. holding that failure to instruct on an essential element was harmless error because the element was so clearly established

assistant: The best answer is C. holding intent as an essential element to an invasion of privacy by intrusion and not listing intent as a required element of invasion of privacy by publication
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: ProSight and each Seller expressly and irrevocably releases each Buyer Party, its affiliates and their respective current and former officers, directors, employees, agents and controlling persons from any and all claims, demands and liabilities arising from or in respect of its ownership of the Shares or the Transaction (including any claim, demand or liability based on Tiptree’s possession, use or non-disclosure of the Information) (collectively, the “ Released Claims ”), and ProSight and each Seller agree to make no claim against each Buyer Party, its affiliates and their respective officers, directors, employees, agents and controlling persons in connection with the foregoing. Notwithstanding the foregoing in this Section 4 , the Released Claims shall not include, and nothing contained in this Agreement shall affect any claims with respect to (a) the right to receive payment of the purchase price contemplated herein and (b) any breach of this Agreement. Each party hereto acknowledges that (i) it is relying on the representations, warranties, acknowledgments and agreements in this Agreement of the other parties hereto as a condition to proceeding with the Transaction and (ii) without such representations, warranties, acknowledgments and agreements, such party would not enter into this Agreement or engage in the Transaction.

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 case excerpt and choose the best holding from the options. Case excerpt: be examined anew and in its own context.” Id. at 246. One court summarized the reported cases well when it wrote the following: [T]he criteria utilized in making such a 4 (E.D.Pa.1994) ("[T]he Company is an independent contractor with whom the Borough has contracted to provide firefighting services. The delegation of this function does not transform the Company into a state actor.”). 70 . I would reach the same conclusion even if I were to consider whether the Corporate Defendants' characteristics make any of them a de facto agency under the APA. Unlike the "modern day post exchange” at issue in Ellsworth Bottling Co. v. United States, 408 F.Supp. 280 (W.D.Okla.1975), none of the Corporate Defendants "has the authority to act with the sanction of the Government behind it.” Id. at 282 (<HOLDING>). Moreover, unlike the Professional Standards Options: A. holding that at will contracts of employment are subject to tortious interference with contracts claims B. holding that the aafes was an agency under the apa where by statute its contracts were considered contracts with the federal government and any judgments against it were paid out of the federal treasury C. holding that tjaking claims rarely arise under government contracts because the government acts in its commercial or proprietary capacity in entering contracts rather than in its sovereign capacity accordingly remedies arise from the contracts themselves rather than from the constitutional protection of private property rights D. holding that the court was not bound by the parties agreement that contracts were unambiguous and holding that contracts were ambiguous E. holding that the government was not bound by its waivers in three prior contracts

assistant: The best answer is B. holding that the aafes was an agency under the apa where by statute its contracts were considered contracts with the federal government and any judgments against it were paid out of the federal treasury
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: explicitly permits drivers to enter the left lane to "pass[ ] another vehicle” without distinguishing between moving and non-moving vehicles. Id. Therefore, unlike the swerving of the vehicle in the present case, the driver's use of the left lane in Mendoza specifically fell within the realm of action permitted under the statute. 6 .We do not hold that a suspect must commit a traffic violation before officers may stop a vehicle to investigate drag trafficking. Because the government did not argue that the troopers stopped Mr. Cervine based on the objective, reasonable, and articulable suspicion of drag trafficking as communicated to them by the DEA, absent any traffic violation, we had no occasion to consider that argument. See United States v. Celio, 945 F.2d 180 (7th Cir.1991) (<HOLDING>). 7 . Although we can find no opinion that Options: A. holding state troopers may stop suspected drug traffickers without violating the fourth amendment based solely on request from dea to stop a suspected vehicle B. holding a stop was effected where officers vehicle blocked defendants vehicle from proceeding C. holding that a stop based on reasonable suspicion and serving a community earetaking function did not violate the fourth amendment D. holding that a conclusion that reasonable suspicion supported the stop of a vehicle was subsumed within the trial courts ruling that the officer had probable cause for the stop E. holding that once a vehicle has been lawfully stopped an officer may order the driver out of the vehicle without violating the fourth amendment

assistant: The best answer is A. holding state troopers may stop suspected drug traffickers without violating the fourth amendment based solely on request from dea to stop a suspected vehicle
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: Advise Buyer promptly of any commenced or threatened litigation, arbitration proceeding of which Seller has received written notice or of which Seller has actual knowledge or administrative hearing (including condemnation) before any governmental agency that affects the Asset, the Ground Lease, the operation of the Property or that could adversely affect the Seller’s ability to consummate the Transaction. Deliver to Buyer promptly after receipt thereof copies of any written notices of Violations or other written notices regarding the Asset or the Seller’s leasehold interest under the Ground Lease received by Seller.

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 legal provision and list the applicable contract clause categories. Provision: The Borrower and its Subsidiaries (on a consolidated basis), after giving effect to the Transactions and the incurrence of all Indebtedness and obligations being incurred in connection herewith and therewith, will be and will continue to be Solvent.

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 following U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 440 U.S. 192 99 S.Ct. 1273 59 L.Ed.2d 247 FEDERAL ENERGY REGULATORY COMMISSION, petitioner,v.SHELL OIL COMPANY et al No. 77-1652 CONSUMER ENERGY COUNCIL OF AMERICA, petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION No. 77-1654 Supreme Court of the United States February 22, 1979 On writs of certiorari to the United States Court of Appeals for the Fifth Circuit. Feb. 22, 1979. PER CURIAM. 1 The judgment is affirmed by an equally divided Court. 2 Mr. Justice STEWART took no part in the consideration or decision of these cases.

assistant: 8
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 Party shall promptly notify the other of any knowledge it acquires of any (a) actual or potential infringement by a Third Party of any Voyager Patent Right, Neurocrine Patent Right or Joint Patent Right that is or would be competitive with a Collaboration Product or (b) submission to a Party or a Regulatory Authority of an application for a product (including an application under Section 351(k) of the PHSA) that references a Product (“ Competitive Infringement ”).

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: (A) In addition to amounts payable as elsewhere provided in this Article III , the Company hereby agrees to protect, indemnify, pay and save harmless the Administrative Agent, the Issuing Bank and each Lender from and against any and all liabilities and costs which the Administrative Agent, the Issuing Bank or such Lender may incur or be subject to as a consequence, direct or indirect, of (i) the issuance of any Letter of Credit other than, in the case of the Issuing Bank, to the extent resulting from its gross negligence or willful misconduct, or (ii) the failure of the Issuing Bank to honor a drawing under a Letter of Credit as a result of any act or omission, whether rightful or wrongful, of any present or future de jure or de facto Governmental Authority (all such acts or omissions herein called “ Governmental Acts ”).

assistant: Indemnifications
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 contains the entire agreement between the parties hereto and supersedes any and all prior agreements, arrangements, or understandings between the parties relating to the subject matter of this Agreement. No oral understandings, statements, promises, or inducements contrary to the terms of this Agreement exist. No representations, warranties, covenants, or conditions, express or implied, other than as set forth herein, have been made by any party.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: 363 F.3d at 82 (finding that supervisor reported to decisionmakers that the plaintiff had failed to complete an important assignment but supervisor excluded the reasons given by the plaintiff that would explain his behavior). 67 . Cerqueira, 520 F.3d at 19. 68 . See Pl.’s Resp. Defs.’ Statement of Facts ¶ 14. Although Plaintiff argues that she was treated differently than other communications employees, she does not dispute the fact that Mr. Tovin was in the process of centralizing the communications departments in 2006. See id. 69 . See Nichols Dep. 215:20-216:4; Wyatt Dep. 13:10-22; Nuzzo Dep. 98:18-99:12; Schoeffler Dep. 216:18-20:22; Tovin Dep. 68:1-6, 70:22-71:7; Nichols Aff. Ex. 19, Wyatt Note to File, Oct. 5, 2006. 70 . Tovin Dep. 71:3-7. 71 . Cf. Tuli, 566 F.Supp.2d at 51 n. 35 (<HOLDING>); Cariglia, 363 F.3d at 79 (holding that the Options: A. holding that an independent engineering company that played a significant role in developing allegedly false statements made by a mineral exploration company could be held liable as a primary violator B. holding that material for witnesses need not be produced to defendant where the witnesses were not called as government witnesses at trial C. holding that the plaintiff satisfied cariglia standard where witnesses testified that the false information played a significant role in the decisionmaking bodys ultimate determination D. holding if a plaintiff claiming discrimination under the ada demonstrates that his or her disability played a motivating role in the employment decision the plaintiff is entitled to relief E. holding that because plaintiff could not establish which portions of the tapes had been played in court plaintiff failed to meet his burden

assistant: The best answer is C. holding that the plaintiff satisfied cariglia standard where witnesses testified that the false information played a significant role in the decisionmaking bodys ultimate determination
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: If any provision or provisions of this Agreement shall be held by a court of competent jurisdiction to be invalid, void, illegal or otherwise unenforceable for any reason whatsoever: (a) the validity, legality and enforceability of the remaining provisions of this Agreement (including each portion of any section of this Agreement containing any such provision held to be invalid, illegal or unenforceable that is not itself invalid, illegal or unenforceable) shall not in any way be affected or impaired thereby and shall remain enforceable to the fullest extent permitted by law; and (b) to the fullest extent possible, the provisions of this Agreement (including each portion of any section of this Agreement containing any such provision held to be invalid, illegal or unenforceable that is not itself invalid, illegal or unenforceable) shall be construed so as to give effect to the intent manifested thereby. Without limiting the generality of the foregoing, this Agreement is intended to confer upon the Indemnitee indemnification rights to the fullest extent permitted by applicable laws. In the event any provision hereof conflicts with any applicable law, such provision shall be deemed modified, consistent with the aforementioned intent, to the extent necessary to resolve such conflict.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Amendment shall be construed and interpreted in accordance with the rules of construction set forth in Sections 1.02 , 1.03 , 1.04 , 1.05 and 1.06 of the Amended and Restated Credit Agreement.

assistant: Interpretations
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 is not claimed to be, unusually complex. The need may also be the witness’s, a witness, for example, whose own testimony will be based on the testimony of others. United States v. Lussier, 929 F.2d 25 (1st Cir. 1991) (finding no abuse of discretion where the trial court did not sequester the IRS agent who testified as to the amount of tax due as a summation of testimony by other witnesses). An expert witness, of course, may base his or her opinions on “facts or data ... made known to the expert at ... the hearing.” KRE 703(a). If an opinion expert’s only way to learn the facts material to his or her opinion is to hear the trial testimony of other witnesses, then a trial court abuses its discretion by sequestering that expert. Malek v. Federal Ins. Co., 994 F.2d 49 (2nd Cir. 1993) (<HOLDING>); Seschillie, 310 F.3d at 1208 (holding that Options: A. holding trial court properly permitted party to use undesignated expert to rebut a material and unanticipated change in testimony of the opposing partys expert B. holding that fire expert should not have been sequestered where opposing expert testified to facts and theories not revealed prior to trial C. holding expert testimony was based on reasonable medical probability where there were multiple possible causes and expert testified that one cause was more probable than the others D. holding that using the opinions of an expert that were not testified to during trial which were irrelevant and solely used to destroy the credibility of the expert was not admissible E. holding that trial counsels performance was not deficient for failing to give a mental health expert additional information because the expert testified at the evidentiary hearing that the collateral data would not have changed his testimony

assistant: The best answer is B. holding that fire expert should not have been sequestered where opposing expert testified to facts and theories not revealed prior to trial
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: If any term or other provision of this Agreement is invalid, illegal or incapable of being enforced by any law or public policy in any jurisdiction, all other terms and provisions of this Agreement will nevertheless remain in full force and effect so long as the economic or legal substance of the transactions and the intention of the Parties with respect to the transactions contemplated hereby is not affected in any manner materially adverse to any of the Parties. Upon such determination that any term or other provision is invalid, illegal or incapable of being enforced, the Parties will negotiate in good faith to modify this Agreement so as to effect the original intent of the Parties as closely as possible in an acceptable manner in order that the transactions contemplated hereby are consummated as originally contemplated to the greatest extent possible.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The following representations and warranties are made (i) with respect to each Delivery Date on which TRLWT is to Convey assets to the Purchaser, by TILC, in its capacity as TRLWT Manager, with respect to each representation expressed as a representation of TRLWT as “Seller”, and (ii) with respect to each Delivery Date on which TILC is to Convey assets to the Purchaser, by TILC for its own account, and in each case are made for the benefit of the Purchaser, the Indenture Trustee, each Noteholder and each other Secured Party as of the date of any Delivery Schedule delivered by the applicable Seller to the Purchaser and solely with respect to the Railcars and Leases that are referred to in such Delivery Schedule and the Related Assets in respect of such Railcars and Leases.

assistant: Representations
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 expressly provided to the contrary in this Section, Tenant and Subtenant each shall be solely responsible for and shall pay all of the costs, fees and expenses incurred by Seniors, Tenant and/or Subtenant in connection with their own due diligence, inspection and assessment of the Assets (as defined in each APA), the business conducted thereon, and the assets they or their affiliates acquire under the APAs. Griffin hereby agrees that it shall be solely responsible for and shall pay all of the costs, fees and expenses incurred by Griffin in connection with its inspection and assessment of the Assets, the business conducted thereon, and the assets it or its affiliates acquire under the APAs. Notwithstanding the foregoing, at and simultaneous with the Closings, (a) Griffin shall reimburse Tenant the sum of $50,000.00, said payment being made to reimburse Tenant and Subtenant for the aggregate initial Deposit paid by Seniors, Tenant and/or Subtenant under the APAs which amount shall be retained by Griffin and applied against any security deposit requirement under the Master Lease; and (b) for the real estate related due diligence costs incurred by Seniors, Tenant and/or Subtenant consisting of legal and other real estate related diligence of the Facilities and negotiation of the APAs and documents relating thereto excluding this Agreement and the Exhibits (the “ Tenant’s Diligence Costs ”), provided, however that the aggregate reimbursement for Tenant’s Diligence Costs that Griffin is required to pay pursuant to this Section shall not exceed One Hundred Twenty-Five Thousand and No/Dollars ($125,000). Tenant shall deliver to Griffin prior to Closing (and as a condition to Griffin paying the Tenant’s Diligence Costs at Closing) itemized invoices for all Tenant’ Diligence Costs, and Griffin shall have the right to review and approve same, such approval not to be unreasonably withheld, conditioned or delayed.

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: The outstanding principal balance of this Note shall bear interest (computed on the basis of a 360-day year, actual days elapsed) either (i) at a fluctuating rate per annum determined by Bank to be one percent (1%) above Daily One Month LIBOR in effect from time to time, or (ii) at a fixed rate per annum determined by Bank to be one percent (1%) above LIBOR in effect on the first day of the applicable LIBOR Period. Bank is hereby authorized to note the date, principal amount and interest rate applicable thereto and any payments made thereon on Bank’s books and records (either manually or by electronic entry) and/or on any schedule attached to this Note, which notations shall be prima facie evidence of the accuracy of the information noted.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: “location and labels of a statutory provision do not by themselves transform a civil remedy into a criminal one,” or vice versa. Smith, 538 U.S. at 94, 123 S.Ct. 1140; see also Trop, 356 U.S. at 94, 78 S.Ct. 590 (“How simple would be the tasks of constitutional adjudication and of law generally if specific problems could be solved by inspection of the labels pasted on them! Manifestly the issue of whether [a statute] is a penal law cannot be thus determined.”). Rather, the Supreme Court instructs that “a penalty [ ] cannot be converted into [a non-penal measure] by so naming it,” and we must “ascribe to [the particular statute] the character disclosed by its purpose and operation, regardless of name.” United States v. Constantine, 296 U.S. 287, 294, 56 S.Ct. 223, 80 L.Ed. 233 (1935) (<HOLDING>). Likewise, “even a clear legislative Options: A. holding that even though labeled a tax on conducting retail liquor business challenged statute was nevertheless a penalty designed to punish the violation of state liquor laws B. holding place as used in statute defining liquor nuisance was not limited to a particular building but included entire area where illicit liquor business was conducted C. holding that a tax credit to liquor licensees against taxes owed to the state was an unconstitutional subsidy of the liquor industry D. holding that a county liquor license board had no standing to appeal the reversal of its decision E. holding that legislative diminishment of tax obligation constituted an unconstitutional subsidy to the liquor industry in violation of the antidonation clause

assistant: The best answer is A. holding that even though labeled a tax on conducting retail liquor business challenged statute was nevertheless a penalty designed to punish the violation of state liquor laws
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: EXECUTIVE AGREES TO WAIVE THE RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING BASED UPON, OR RELATED TO, ANY LOYALTY OBLIGATIONS. THIS WAIVER IS KNOWINGLY, INTENTIONALLY, AND VOLUNTARILY MADE BY EXECUTIVE, AND EXECUTIVE ACKNOWLEDGES THAT, EXCEPT FOR THE COMPANY’S AGREEMENT TO LIKEWISE WAIVE ITS RIGHTS TO A TRIAL BY JURY (WHICH THE COMPANY HEREBY MAKES), THE COMPANY HAS NOT MADE ANY REPRESENTATIONS OF FACTS TO INDUCE THIS WAIVER OF TRIAL BY JURY OR IN ANY WAY TO MODIFY OR NULLIFY ITS EFFECT.

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: 673, 145 L.Ed.2d 570 (2000). This makes sense. Terry balanced the government’s interest in protecting the public and the police from unnecessary risks and a suspect’s interest in avoiding a brief frisk of his person. See 392 U.S. at 20-25, 88 S.Ct. 1868. When an officer has a reasonable suspicion that an armed robbery is about to occur, this balance favors the government. Sparing a victim the trauma of being held up with a gun — not to mention the possibility of being injured or killed — as well as sparing an officer and suspect the risk of an armed confrontation justifies the utilization of a brief protective measure. The Constitution does not command an officer to stand idly by and run the risk that a suspect will commit a violent crime on his watch. See id. at 24, 88 S.Ct. 1868 (<HOLDING>). Because of its focus on police action Options: A. holding that it would be clearly unreasonable to deny a police officer the ability to neutralize the threat of physical harm if he has reasonable suspicion that a suspect is armed and dangerous B. holding that a limited search of the outer clothing of a suspect for weapons is reasonable where the officer has a reasonable articulable basis for believing that the suspect may be armed and presently dangerous C. recognizing that police officer may stop a suspect if the officer has a reasonable suspicion supported by articulable facts that criminal activity may be afoot D. holding the use of deadly force is constitutionally permissible only if the officer has probable cause to believe that the suspect poses a threat of serious physical harm either to the officer or to others E. holding that it is not unreasonable to believe that burglars can be armed and dangerous

assistant: The best answer is A. holding that it would be clearly unreasonable to deny a police officer the ability to neutralize the threat of physical harm if he has reasonable suspicion that a suspect is armed and dangerous
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 Interests that are the subject of this Option Agreement shall vest upon the Effective Date and are exercisable respectively for a period of eighteen months, until January 19, 2019. All interests purchased pursuant to the Agreement will bear a Rule 144 restrictive legend and shall be Restricted Common Stock within the meaning of Rule 144 of the Securities Act, as that term is defined in Title 17 Part 230.144 of the Federal Code of Regulations. As such, the interests may not be resold in the public markets or transferred unless Company registers them under Section 5 of the Securities Act, or has received an opinion of counsel reasonably satisfactory to Company that such resale or transfer is exempt from the registration requirements of the Securities Act.

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: on a peer-to-peer file sharing network” and “knowingly allowed others access to his Ares Shared Folder.” Viewing the instructions as a whole, we cannot conclude the district court abused its discretion in refusing to give the jury Meisel’s proposed identification instruction. Although it is certainly possible Meisel’s proposed theory-of-defense instruction could have given the jury a “clearer understanding of the issues,” the district coui’t’s jury instructions were not erroneous or inadequate as given. See Bowling, 619 F.3d at 1183-84. And although this'court, if it were deciding the issue in the first instance, might well have instructed the jury consistent with Meisel’s theory-of-defense instruction, the governing standard of review is a deferential one; See Jordan, 485 F.3d at 1218 (<HOLDING>). The , district court did not abuse its Options: A. holding that under the arbitrary and capricious standard this court must consider whether the decision was based on a consideration of the relevant factors and whether there has been a clear error of judgment B. holding that under the abuseofdiscretion standard this court will reverse only if the district courts decision is arbitrary capricious or whimsical or results in a manifestly unreasonable judgment quotation omitted C. holding court of appeals should review district courts determination regarding punitive damages under abuseofdiscretion standard D. holding that under chevron step two courts may not disturb an agency rule unless it is arbitrary or capricious in substance or manifestly contrary to the statute internal quotations omitted E. holding that when applying an arbitrary and capricious standard of review the courts role is to determine whether the plan administrators decision was completely unreasonable

assistant: The best answer is B. holding that under the abuseofdiscretion standard this court will reverse only if the district courts decision is arbitrary capricious or whimsical or results in a manifestly unreasonable judgment quotation omitted
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company shall purchase and maintain director and officer liability insurance on such terms and providing such coverage as the Board determines is appropriate from time-to-time, and the Executive shall be covered by such insurance, pursuant to the terms of the applicable plan(s) and policy(ies), to the same extent as similarly situated officers and directors of the Company.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the death penalty more than any other defendant, did not emphasize his position of power, did not compare Hall to infamous mass-murders, and did not harangue the jury with an inflammatory appeal to the jurors’ personal fears. The prosecutor properly argued Hall’s case met all six aggravating factors warranting a sentence of death. Third, the prosecutor commented the victim did not have a lawyer to represent her, or a jury to decide her fate and before whom to plead for mercy. Prosecu-torial comments made during closing argument related to a defendant exercising his constitutional rights may violate due process. Donnelly v. DeChristoforo, 416 U.S. 637, 643, 94 S.Ct. 1868, 40 L.Ed.2d 431 (1974); see, e.g., Griffin v. California, 380 U.S. 609, 615, 85 S.Ct. 1229, 14 L.Ed.2d 106 (1965) (<HOLDING>). Here, the prosecutor commented on the process Options: A. holding that comment by prosecutor in closing argument that defense counsel did not produce evidence of the defendants innocence was not a comment on the defendants failure to testify B. holding a prosecutor may not comment on a defendants silence C. holding that the government may comment on a defendants prearrest premiranda silence as well as his postarrest pr emiranda silence D. holding that if comment is fairly susceptible of being construed by the jury as a comment on the defendants exercise of his or her right to remain silent it violates the defendants state constitutional right to silence whether comment was introduced in states caseinchief or for impeachment purposes holding that the state may not impeach a defendant with his postarrest or postmiranda silence E. holding that it is improper for prosecutor to comment on accuseds postarrest silence

assistant: The best answer is B. holding a prosecutor may not comment on a defendants silence
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: Tenant represents and warrants that no broker or agent has represented Tenant in connection with this Sixteenth Modification, other than Jones Lang LaSalle Brokerage, Inc. (“ JLL ”), whose commission shall be paid by Landlord in accordance with a separate agreement between Landlord and JLL. Each party shall indemnify and defend the other party against any Claims for real estate commissions or fees in connection with this Sixteenth Modification made by any party claiming through the indemnifying party (except that Landlord shall be responsible for paying the commission becoming due to JLL as provided in the preceding sentence). The foregoing indemnification obligation of each indemnifying party shall include indemnification of any affiliates or subsidiaries of the foregoing, and all of their respective officers, directors, employees, shareholders, members, partners, agents and contractors (and, in the case of Landlord as the indemnified party, shall include Landlord’s mortgagees and the manager of the Office Building).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Borrower shall make, and cause each Subsidiary to make, due and timely payment or deposit of all material federal, state, and local taxes, assessments, or contributions required of it by law, including, but not limited to, those laws concerning income taxes, F.I.C.A., F.U.T.A. and state disability, and will execute and deliver to Bank, on demand, proof reasonably satisfactory to Bank indicating that Borrower or a Subsidiary has made such payments or deposits and any appropriate certificates attesting to the payment or deposit thereof; provided that Borrower or a Subsidiary need not make any payment if the amount or validity of such payment is contested in good faith by appropriate proceedings and is reserved against (to the extent required by GAAP) by Borrower or such Subsidiary.

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: U.S.C. § 1326(a), enhanced by (b)(2). Pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), counsel for Gonsalez-Palomino has filed a brief stating that there are no grounds for relief, and a motion to withdraw as counsel of record. Gonsalez-Palomino has not filed a pro se supplemental brief and the government has not filed an answering brief. We have conducted an independent review of the record pursuant to Penson v. Ohio, 488 U.S. 75, 83, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), and we dismiss in light of the valid appeal waiver. See United States v. Nguyen, 235 F.3d 1179, 1182 (9th Cir.2000) (stating that an appeal waiver is valid when it is entered into knowingly and voluntarily); see also United States v. Cardenas, 405 F.3d 1046, 1048 (9th Cir. 2005) (<HOLDING>). Counsel’s motion to withdraw is granted. Options: A. holding that blakely and united states v booker 543 us 220 125 sct 738 160 led2d 621 2005 are not retroactive on collateral review B. holding that the changes in sentencing law imposed by united states v booker 543 us 220 125 sct 738 160 led2d 621 2005 did not render waiver of appeal involuntary and unknowing C. holding that 3582c does not apply to a person seeking resentencing under united states v booker 543 us 220 125 sct 738 160 led2d 621 2005 D. holding that united states v booker 543 us 220 125 sct 738 160 led2d 621 2005 did not alter the standard of review for the interpretation and application of the guidelines E. holding that waiver of right to appeal sentence in plea agreement accepted before decision in united states v booker 543 us 220 125 sct 738 160 led2d 621 2005 was not invalidated by change in law

assistant: The best answer is B. holding that the changes in sentencing law imposed by united states v booker 543 us 220 125 sct 738 160 led2d 621 2005 did not render waiver of appeal involuntary and unknowing
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: Purchaser is not (i) an “employee benefit plan” (within the meaning of section 3(3) of ERISA) that is subject to the provisions of Title I of ERISA, (ii) a “plan” that is subject to the prohibited transaction provisions of section 4975 of the Code or (iii) an entity whose assets are treated as “plan assets” under ERISA by reason of an employee benefit plan’s or plan’s investment in such entity.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: you acknowledge and agree that if you submit any feedback to us , you hereby grant to us a non-exclusive , worldwide , perpetual , irrevocable , fully-paid , royalty-free , sub-licensable and transferable license under any and all intellectual property rights that you own or control to use , copy , modify , create derivative works based upon and otherwise exploit the feedback for any purpose .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall be governed by, and construed in accordance with, the laws of the State of Delaware, without giving effect to any applicable principles of conflict of laws that would cause the Laws of another State to otherwise govern this Agreement. The parties hereto agree that any Action seeking to enforce any provision of, or based on any matter arising out of or in connection with, this Agreement or the transactions contemplated hereby (whether brought by any party or any of its Affiliates or against any party or any of its Affiliates) shall be heard and determined exclusively in the Delaware Court of Chancery; provided , however , that if the Delaware Court of Chancery does not have jurisdiction over such Action, such Action shall be heard and determined exclusively in the United States District Court for the District of Delaware. Consistent with the preceding sentence, each of the parties hereto hereby (i) submits to the exclusive jurisdiction of such courts for the purpose of any Action arising out of or relating to this Agreement brought by either party hereto; (ii) agrees that service of process will be validly effected by sending notice in accordance with Section 8(c) ; (iii) irrevocably waives, and agrees not to assert by way of motion, defense, or otherwise, in any such Action, any claim that it is not subject personally to the jurisdiction of the above-named courts, that its property is exempt or immune from attachment or execution, that the Action is brought in an inconvenient forum, that the venue of the Action is improper, or that this Agreement or the transactions contemplated by this Agreement may not be enforced in or by any of the above named courts; and (iv) agrees not to move to transfer any such Action to a court other than any of the above-named courts.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed in counterparts, each of which shall be deemed an original, and together any counterparts shall constitute one and the same instrument. Additionally, the parties agree that electronic reproductions of signatures (i.e., scanned PDF versions of original signatures, facsimile transmissions, and the like) shall be treated as original signatures for purposes of execution of this Agreement.

assistant: Counterparts