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 legal provision and list the applicable contract clause categories. Provision: Subject to the terms and conditions set forth herein, the Borrower may request the issuance of Letters of Credit for its own account (or for the account of any Subsidiary so long as the Borrower is a joint and several co-applicant in respect of such Letter of Credit), denominated in dollars or in a Permitted Foreign Currency and in a form reasonably acceptable to the Administrative Agent and the applicable Issuing Bank, at any time and from time to time during the Revolving Availability Period. All Existing Letters of Credit shall be deemed, without further action by any party hereto, to have been issued on the Effective Date pursuant to this Agreement, and the Revolving Lenders shall thereupon acquire participations in the Existing Letters of Credit as if so issued without further action by any party hereto. Notwithstanding anything contained in any letter of credit application or other agreement (other than this Agreement or any Security Document) submitted by the Borrower to, or entered into the Borrower with, any Issuing Bank relating to any Letter of Credit, (i) all provisions of such letter of credit application or other agreement purporting to grant Liens in favor of such Issuing Bank to secure obligations in respect of such Letter of Credit shall be disregarded, it being agreed that such obligations shall be secured to the extent provided in this Agreement and in the Security Documents, (ii) in the event of any inconsistency between the terms and conditions of this Agreement and the terms and conditions of such letter of credit application or such other agreement, as applicable, the terms and conditions of this Agreement shall control, and (iii) an Issuing Bank shall be under no obligation to issue any Letter of Credit if the issuance of such Letter of Credit would violate (x) any Requirement of Law or (y) such Issuing Bank’s internal policies.

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 legal provision and list the applicable contract clause categories. Provision: This Grant, the Plan, country addendums and the rules and procedures adopted by the Committee contain all of the provisions applicable to the PSUs and no other statements, documents or practices may modify, waive or alter such provisions unless expressly set forth in writing, signed by an authorized officer of the Company and delivered to the Grantee.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Notwithstanding anything to the contrary contained in this Section 8.1 , no redemption of shares of Series A Preferred Stock pursuant to this Section 8.1 shall occur until after the earlier of (i) the date that is 181 days after the “Maturity Date” under the Credit Agreement or (ii) the date upon which neither a redemption under this Section 8.1 or the existence of the redemption obligation under this Section 8.1 would result in a default or event of default under the Credit Agreement (as amended) or any successor credit facility.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: (a)The Audited Financial Statements and the Unaudited Financial Statements (i) were prepared in accordance with GAAP consistently applied throughout the periods covered thereby, except as otherwise expressly noted therein, subject, in the case of the Unaudited Financial Statements, to the absence of footnotes and year-end audit adjustments; and (ii) fairly present in all material respects the consolidated financial condition of the Company and its Subsidiaries as of the dates thereof and results of operations for the periods covered thereby.

assistant: Financial Statements
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: abortions and fertility testing services. AOPP and CBL claim St. Lawrence Hospital, a Catholic institution, will demand that Sparrow discontinue such services. Assuming this is true, this refusal on the part of Sparrow Hospital to provide abortions and fertility testing does not amount to irreparable harm. Plaintiffs have not shown that there are no alternative suppliers of these services to which consumers can turn. Indeed, at oral argument, plaintiffs attorney stated that clinics in the area have agreed to fill this void. Plaintiffs also argue that they will be irreparably injured if the merger is consummated and later determined to be anticompetitive, such that a divestiture is necessary. See California v. American Stores, Co., 495 U.S. 271, 110 S.Ct. 1853, 109 L.Ed.2d 240 (1990) (<HOLDING>). Plaintiffs claim that this court should Options: A. holding that taxes are not private property that can be physically taken by the government B. holding that a private right of action does not arise until 180 days after a charge has been filed C. holding that private challenger may obtain divestiture after a merger has taken place D. holding that new york law granting cable television companies right to place wires across private property worked a taking of private property E. recognizing private right of action

assistant: The best answer is C. holding that private challenger may obtain divestiture after a merger has taken place
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: appeals from the sentence imposed by the district court. He contends that the district court erred in refusing to depart downward from the Sentencing Guidelines based on the ineffective assistance of his counsel in advising him regarding the Government’s offered plea agreement. He asserts that such ineffective assistance of counsel should be a ground for departure. We decline to reach the merits of Rivera-Sanchez’s argument because we lack jurisdiction under 18 U.S.C. § 3742(a) to review the district court’s refusal to depart downward from the Sentencing Guidelines. We conclude that the district court’s decision not to depart downward was discretionary and not based on its belief that it did not have the authority to do so. See United States v. Eaton, 31 F.3d 789, 792-93 (9th Cir.1994) (<HOLDING>). In fact, the court held a hearing to Options: A. holding that a circuit court has no jurisdiction to review a district courts discretionary decision not to depart downward from the guidelines but would have jurisdiction if the district court based its decision on the belief that it did not have the authority to depart B. holding that the district court was not required to state affirmatively on the record that it knew it possessed the authority to depart downward C. holding that the district courts decision not to depart downward was discretionary and not reviewable where the court considered the proffered reasons for departure but found them lacking D. recognizing that a defendant may appeal a district courts refusal to depart downward if the sentence was imposed in violation of law because the district court misconstrued its authority to depart E. holding there was no jurisdiction to review district courts discretionary refusal to depart downward on the grounds that defendants conduct constituted a single act of aberrant behavior

assistant: The best answer is A. holding that a circuit court has no jurisdiction to review a district courts discretionary decision not to depart downward from the guidelines but would have jurisdiction if the district court based its decision on the belief that it did not have the authority to depart
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: death sentence be vacated. The trial court twice instructed the jury that the parties’ opening statements were not evidence. The State explains that the majority of the comments objected to by defendant constituted representations of what the State intended to, and in fact did, prove at the penalty phase trial and that, in any event, none of the comments made by the prosecutor in his opening statement require reversal. The scope of the State’s opening statement is limited to the “facts he intends in good faith to prove by competent evidence.” State v. Hipplewith, 33 N.J. 300, 309, 164 A.2d 481 (1960) (citing State v. Haines, 103 N.J.L. 534, 138 A. 203 (Sup.Ct.1927)); State v. Ernst, 32 N.J. 567, 577, 161 A.2d 511 (1960), cert. denied, 364 U.S. 943, 81 S.Ct. 464, 5 L.Ed.2d 374 (1961) (<HOLDING>); see also State v. Walden, 370 N.J.Super. 549, Options: A. holding that argument not raised in opening brief is waived B. holding witnesss prior consistent statement admissible where defense counsel implied in his opening statement that witness should not be believed because of the favorable consideration he received from the government in his plea bargaining agreement C. holding an argument not raised in opening brief is waived D. holding that in opening statements a prosecutor should as the trial court ruled limit himself to a statement of what he will prove and not anticipate his final argument E. holding argument waived for failure to raise it in opening brief

assistant: The best answer is D. holding that in opening statements a prosecutor should as the trial court ruled limit himself to a statement of what he will prove and not anticipate his final argument
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: 168 (1978)), “ ‘whatever the subjective intent’ motivating the relevant officials,” id. (quoting Whren v. United States, 517 U.S. 806, 814, 116 S.Ct. 1769, 135 L.Ed.2d 89 (1996)). Although the Court had recognized certain “limited exception[s]” to this rule, id. at 2080 (alteration in original) (quoting United States v. Knights, 534 U.S. 112, 122, 122 S.Ct. 587, 151 L.Ed.2d 497 (2001)) (internal quotation marks omitted), it had “almost uniformly rejected invitations to probe subjective intent,” id. at 2081. The Court accordingly held that Ashcroft did not violate clearly established law by allegedly authorizing federal prosecutors to use material witness arrest warrants, supported objectively by reasonable suspicion, as a pretext for detaining terrorism suspects. See id. at 2085. 007) (<HOLDING>), vacated and remanded on other grounds, — U.S. Options: A. holding that the rights afforded prisoners set a floor for those that must be afforded sexually violent predators subject to civil detention B. recognizing that the district court is afforded broad discretion in ruling on motions for relief from judgment C. holding that habeas corpus was not available to prevent the petitioners extradition to cuba despite the fact that he would not be afforded the full panoply of rights afforded to him by the us constitution in a cuban criminal proceeding D. recognizing the confidentiality ordinarily afforded to settlement agreements E. holding recording afforded no protection to the claimants thereunder

assistant: The best answer is A. holding that the rights afforded prisoners set a floor for those that must be afforded sexually violent predators subject to civil detention
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 the Lender pays any Taxes that Borrower is required to pay pursuant to this Article V , Borrower shall indemnify the Lender on demand in full in the currency in which such Taxes are paid (including any Taxes imposed by any jurisdiction on amounts payable under this Section 5.04 ), whether or not such Taxes were correctly or legally asserted, together with interest thereon from and including the date of payment to, but excluding, the date of reimbursement at the Default Rate and reasonable expense arising therefrom. A certificate of an affected Lender claiming any compensation under this Section 5.04 , setting forth the amounts to be paid thereunder and delivered to Borrower, shall be conclusive, binding and final for all purposes, absent manifest error.

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: v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), which was decided a few days before Wade’s guilty plea, prevented the district court from enhancing her sentence based on facts not found by a jury. The district court overruled the objection, calculated a sentencing range of 18 to 24 months based on the total loss amount, recognized the advisory nature of the Guidelines, and sentenced Wade to 18 months imprisonment. Wade appeals, arguing that the district court violated the “constitutional” holding of Booker and violated her right to due process by treating the Guidelines as advisory in sentencing her for conduct that occurred pre-Booker. We review Wade’s constitutional challenges to her sentence de novo. See United States v. Mashek, 406 F.3d 1012, 1016 (8th Cir.2005) (<HOLDING>). If the sentence passes those challenges, we Options: A. holding that confrontation clause claims are reviewed de novo B. holding that a legal conclusion on a motion to suppress is reviewed de novo C. holding that a circuit courts entry of summary judgment is reviewed de novo D. holding that legal challenges to a district courts sentence continue to be reviewed de novo postbooker E. holding that we review constitutional challenges de novo

assistant: The best answer is D. holding that legal challenges to a district courts sentence continue to be reviewed de novo postbooker
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: and upper respiratory system and deep into the lungs. Particles that penetrate deep into the respiratory system are generally beyond the body's natural clearance mechanisms of cilia and mucous and are more likely to be retained. https://www.osha.gov/dsg/topics/silica crystalline/dust/chapter_l .html, 14 . Other courts applying Indiana law have found that insurance policies limited coverage based on the policies' defined terms. For example, the Seventh Circuit applied Indiana law to find that a pollution exclusion excluded gasoline contamination from coverage where the exclusion "clearly includes motor fuels,” and "motor fuels” was defined to include gasoline. W. Bend Mut. Ins. Co. v. U.S. Fid. & Guar. Co., 598 F.3d 918, 923 (7th Cir.2010); see Valiant Ins. Co., 35 F.Supp.3d at 1029 (<HOLDING>); Midwest Mut. Ins. Co. v. Indiana Ins. Co., Options: A. holding that the plaintiffs asserted legal basis for coverage is irrelevant to the determination of whether the insurance policy provides coverage and instead looking to the facts underlying the claim for coverage B. holding that liability insurance policy that expressly excluded coverage for the insureds intentional acts did not cover punitive damages award assessed against the insured and stating in dictum that public policy forbids insurance coverage for punitive damages C. holding that a legal malpractice insurance policy that limited coverage to suits seeking damages and defined damages as excluding sanctions did not provide coverage for a sanctions motion against the insured D. holding that insurers failure to deny existence of insurance coverage under policy at issue was to admit that coverage existed E. holding that new yorks public policy does not bar insurance coverage for disparate impact employment discrimination but noting that the state of new york insurance department has stated that it is against public policy to provide insurance coverage for intentional acts of discrimination

assistant: The best answer is C. holding that a legal malpractice insurance policy that limited coverage to suits seeking damages and defined damages as excluding sanctions did not provide coverage for a sanctions motion against the insured
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 Board ... shall be considered by the court, unless the failure or neglect to urge such objection shall be excused because of extraordinary circumstances.”). Given that none of the Board precedents discussing the impact of a public-to-private change on the issue of successorship addresses the right-to-strike point, there was no reason for the Board to suspect that this was the objection Dean was raising. Dean’s general reference to the different statutory schemes was therefore insufficient to put the Board on “ ‘adequate notice’ of the argument [the company now] seeks to advance on review,” and we are barred from considering it. Highlands Hosp. Corp., Inc. v. NLRB, 508 F.3d 28, 33 (D.C.Cir.2007) (quoting American Postal Workers Union v. NLRB, 370 F.3d 25, 28 (D.C.Cir.2004)); cf. id. (<HOLDING>). Ill Dean also maintains that the unit of Options: A. holding that notice of judgment was insufficient B. holding that the denial of petitioners appeal to the bia would have put a reasonable person in the petitioners position on notice that something was wrong with his attorneys preparation for the removal hearing C. holding that a petitioners generalized reference to the excessive breadth of a remedy with multiple parts was insufficient to put the board on notice that the petitioner was challenging the adequacy of the justification for an affirmative bargaining order D. holding that petitioners reliance on a case which concluded that a defendants right to a fair trial was violated was insufficient to place court on notice that petitioner was advancing a constitutional due process claim because the decision was based on state law E. holding that generalized notice of copyright infringements was insufficient to establish knowledge for the purpose of contributory liability

assistant: The best answer is C. holding that a petitioners generalized reference to the excessive breadth of a remedy with multiple parts was insufficient to put the board on notice that the petitioner was challenging the adequacy of the justification for an affirmative bargaining order
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: (11th Cir.2003). The only issue that we must determine in this appeal is whether the district court had jurisdiction under Fed.R.Crim.P. 36 to correct the original written judgment sentencing Portillo. Fed.R.Crim.P. 36 provides that “[a]fter giving any notice it considers appropriate, the court may at any time correct a clerical error in a judgment, order, or other part of the record, or correct an error in the record arising from oversight or omission.” Thus, the question before us is whether the two errors corrected by the court constituted “clerical mistakes” that the court is allowed to correct “at any time”. It is clear in this Circuit that Rule 36 may not be used “to make a substantive alteration to a criminal sentence.” United States v. Pease, 331 F.3d 809, 816 (11th Cir.2003) (<HOLDING>)(citing to United States v. Whittington, 918 Options: A. holding that rule 36 may not be used by the district court to fundamentally alter the defendants sentence from three to five years imprisonment in an attempt to conform the sentence to the intention of the parties as reflected in the plea agreement which provided that the prisoner would serve exactly five years B. holding that rule 36 was inapplicable when a court order fundamentally changed the sentence appellant had earlier received C. holding in a case where the plaintiff had argued that the district court lacked jurisdiction to amend its judgment more than ten days after entry because that is the time limit under federal rule of civil procedure 59 that a district court can amend its judgment because of mistake or inadvertence months after judgment has been entered pursuant to rule 60b of the federal rules of civil procedure D. holding that the district court erred when it failed to consider the presumption of irreparable harm E. holding that the district court erred when it used rule 36 to amend the defendants sentence to include an order of forfeiture that had been agreed to in the plea agreement but which the court failed to make a part of its judgment at sentencing

assistant: The best answer is E. holding that the district court erred when it used rule 36 to amend the defendants sentence to include an order of forfeiture that had been agreed to in the plea agreement but which the court failed to make a part of its judgment at sentencing
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: erred by submitting a charge that allowed the jury to convict him on less than a unanimous verdict in violation of the Texas Constitution and Texas Code of Criminal Procedure. See Ngo v. State, 175 S.W.3d 738, 745 (Tex.Crim.App.2005) (recognizing a defendant is entitled to a unanimous verdict in felony cases). Hiatt alleges the court’s charge was erroneous because it is conceivable jurors improperly “applied testimony regarding counts 1 and 2 to convict [him] on counts 3 and 4 and on 7 and 8 to convict [him] on counts 9 and 10.” Although Hiatt asserts he was deprived of his right to a unanimous verdict, there is no jury unanimity problem in this case. The jury charge contained ten different counts, each relating to a separate and distinct offense. See Bottenfield, 77 S.W.3d at 359 (<HOLDING>). In addition, the jury was not charged in the Options: A. holding that under the former rules congress envisioned two separate petitions filed to review two separate final orders B. holding that the evidence supported two separate convictions and punishments for two attempted robberies of two different victims who suffered separate and distinct harms C. holding unanimity requirement not violated when charge stated two separate counts with two separate and distinct offenses in each case D. holding that two distinct acts of assault with a deadly weapon taking place within a fifteen minute period were a part of the same incident and they could not reasonably be held to constitute two separate offenses each complete in itself and each of which would require a separate charge E. holding that congress envisioned two separate petitions filed to review two separate final orders

assistant: The best answer is C. holding unanimity requirement not violated when charge stated two separate counts with two separate and distinct offenses in each case
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: made the transfer or incurred the obligation: (1) with actual intent to hinder, delay, or defraud any creditor of the debtor; or (2) without receiving a reasonably equivalent value in exchange for the transfer or obligation, and the debtor: (i) was engaged or was about to engage in a business or a transaction for which the remaining assets of the debtor were unreasonably small in relation to the business or transaction; or (ii) intended to incur, or believed or reasonably should have believed that he would incur, debts beyond his ability to pay as they became due. 3 . This narrow interpretation of implied consent is not exclusive to the First Circuit; but rather has been established in several circuits. See e.g., Yellow Freight System, Inc. v. Martin, 954 F.2d 353, 358 (6th Cir.1992) (<HOLDING>); Wesco Mfg., Inc. v. Tropical Attractions of Options: A. holding that when a contract is signed by one party but not the other the manifestation of consent by the nonsigning party is sufficient to bind that party B. holding that a party waived an allegation that an instruction was erroneous where the party failed to object at trial to the instruction on those grounds C. holding that evidence which is relevant to a pleaded issue as well as an unpleaded issue does not give opposing party adequate notice that the unpleaded issue is entering the case D. holding that implied consent is not established merely one party introduced evidence relevant to an unpleaded issue and the opposing party failed to object E. holding that the opposing party must show substantial harm

assistant: The best answer is D. holding that implied consent is not established merely one party introduced evidence relevant to an unpleaded issue and the opposing party failed to object
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: (a) The Borrower agrees to pay to each Revolving Lender (in each case pro rata according to the respective Revolving Commitments of all such Lenders) in Dollars, through the Administrative Agent pursuant to Section 2.19, on the last Business Day of March, June, September and December in each year and on each date on which any such Revolving Commitment of such Lender shall expire or be terminated as provided herein, a commitment fee (the “ Commitment Fee ”) equal to the Applicable Rate on the average daily unused amount of such Revolving Commitment of such Lender during the preceding quarter (or shorter period commencing with the date hereof or ending with the Revolving Facility Maturity Date or the date on which such Revolving Commitment of such Lender shall expire or be terminated). All Commitment Fees shall be computed on the basis of the actual number of days elapsed in a year of 360 days. For purposes of calculating Commitment Fees only, no portion of the Revolving Commitments shall be deemed utilized as a result of outstanding Swingline Loans. The Commitment Fee due to each Revolving Lender in respect of its Revolving Commitment shall commence to accrue on the date hereof and shall cease to accrue on the date on which such Revolving Commitment of such Lender shall expire or be terminated as provided herein.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement and each other Loan Document may be executed in one or more counterparts (and by different parties hereto in different counterparts), each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Delivery of an executed counterpart of a signature page to this Agreement and each other Loan Document by facsimile or other electronic imaging means (e.g. “pdf” or “tif”) shall be effective as delivery of an original executed counterpart of this Agreement and such other Loan Document. The Agents may also require that any such documents and signatures delivered by telecopier or other electronic transmission be confirmed by a manually‑signed original thereof; provided that the failure to request or deliver the same shall not limit the effectiveness of any document or signature delivered by telecopier or other electronic transmission.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: context. We must presume that the Legislature — as well as the Model Penal Code drafters — chose the language of the statute carefully and intentionally. ¶ 10. We also decline the dissent’s urging to read the recklessness intent requirement to require a showing of “intent to provoke an immediate act of violence.” We cannot agree that the disorderly conduct statute as written is overbroad if it criminalizes any conduct just short of that which prompts the hearer to an immediate violent reaction. Certainly the very notion of prohibiting disorderly conduct is to permit the state to intervene before such abusive, aggre 476 (Colo. 1973) (ruling defendant’s saying “fuck you” during political speech at university was protected speech); In re Louise C., 3 P.3d 1004, 1006 (Ariz. Ct. App. 1999) (<HOLDING>). But that is not the case here. ¶ 12. As the Options: A. recognizing districts obligation to maintain special needs student at specific private school where hearing officer had directed district to place and fund student pending development of iep B. holding that no special relationship existed between the school and student C. holding that juveniles use of the f word in dispute with principal and another student over whether student had stolen her money did not constitute fighting words D. holding proper remedy when a christian student newspaper was denied student activities funds was to make funds available to the religious paper not to deny funds to nonreligious student groups E. holding that search of middle school student violated her fourth amendment rights

assistant: The best answer is C. holding that juveniles use of the f word in dispute with principal and another student over whether student had stolen her money did not constitute fighting words
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: employees) be left to its unfettered discretion. In the present case, Diercks sought review of a sale of property by the FSLIC in its corporate capacity. Yet, as we have noted, Congress left the decision of what to sell, how to sell and when to sell to the discretion of the corporation. Thus, the corporation could have sold the property without taking bids or by any other procedure it saw fit. That it chose the reasonable and commendable procedure of accepting bids and choosing the one that provided it with the greatest return is a decision which this court cannot question. Cf. § 10 of the Administrative Procedure Act, 5 U.S.C. § 701(a)(2) (which prohibits judicial review of agency action “committed to agency discretion by law”) and Ferry v. Udall, 336 F.2d 706, 714 (9th Cir. 1964) (<HOLDING>). The decision of the district court dismissing Options: A. holding that due process does not require notice or hearing before writ of garnishment issues B. holding that due process does not require a hearing where only a potential privilege to purchase united states land is involved C. holding that due process does not require the state to provide an impartial decisionmaker at the pretermination hearing where posttermination remedies are available D. holding that prosecution of defendant in the united states for hostage taking based on acts committed outside the united states did not violate due process E. holding that doctrine does not violate due process

assistant: The best answer is B. holding that due process does not require a hearing where only a potential privilege to purchase united states land is involved
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: There shall be no Employer contributions (including Pay Deferral Contributions) after the date the Plan terminates. However, the Trust shall remain in existence, and all of the provisions of the Plan (other than the provisions relating to contributions) which in the sole opinion of the Trustee are necessary, shall remain in full force and effect until all the assets of the Plan are distributed in accordance with the terms of the Plan and the Trust. The benefits of each Participant affected by a termination or partial termination will be fully vested and will be payable to such Participant in a lump sum as soon as practicable, unless other arrangements are previously made in accordance with ARTICLE VII. Notwithstanding the foregoing, if the Plan assets to be distributed to Participants in accordance with this Section 10.6 include Company Common Stock, prior to such distribution the Company shall cooperate with the Administrative & Investment Committee to cause all such Company Common Stock, to the extent not registered under the Securities Act of 1933, to be registered to the extent required under said 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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: you may also modify such distribution content but only as required to technically enable the display and distribution of such content through your computer systems and over the internet ( e.g. a change in video format or file size ) provided such modification does not materially alter the substance or quality of such content .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: it fails prong one. Cases that qualify under prong one present controversies of inherently limited duration. In one of these cases, it is not “reasonably foreseeable” that plaintiffs can obtain full review before their case becomes moot. First Nat’l Bank of Bos. v. Bellotti, 435 U.S. 765, 774, 98 S.Ct. 1407, 55 L.Ed.2d 707 (1978). For example, “[pjregnancy provides a classic justification for a conclusion of nonmootness. It truly could be capable of repetition, yet evading review.” Roe v. Wade, 410 U.S. 113, 125, 93 S.Ct. 705, 35 L.Ed.2d 147 (1973) (quotation marks omitted). Cases challenging a prior restraint on free speech also typically fit into this exception. See, e.g., Carroll v. President & Comm’rs of Princess Anne, 393 U.S. 175, 178-79, 89 S.Ct. 347, 21 L.Ed.2d 325 (1968) (<HOLDING>). Cases that only present live controversies in Options: A. holding that universitys amendment of regulation made moot a challenge to regulations B. holding that a first amendment challenge to an expired restraining order which had enjoined a rally was not moot C. holding that because the order lacked an independent basis it was an abuse of discretion to issue the mutual restraining order D. holding that challenge to oneyear order for protection was not moot even though it had expired E. holding that a challenge to a mining plan was moot where the action sought to be enjoined hadbeen completed

assistant: The best answer is B. holding that a first amendment challenge to an expired restraining order which had enjoined a rally was not moot
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: application [ ] when in fact th[e] Attorney General has given the required preliminary approval to submit the application ... does not warrant the suppression of evidence gathered pursuant to a court order resting upon the application.” 416 U.S. at 571, 94 S.Ct. 1849. In other words, when the executive official who actually authorized a wiretap application had the power to do so, a law enforcement officer’s failure to correctly identify the official in the wiretap application does not require suppression. These are the circumstances of this case. Indeed, the officers’ reference to an outdated AG Order was merely a technical defect which did not subvert the primary purposes of the wiretap statute’s authorization requirement. See United States v. Jones, 600 F.3d 847, 853 (7th Cir.2010) (<HOLDING>). Accordingly, the district court correctly Options: A. holding that amended order which made more than clerical corrections was a nullity when it was entered after notice of appeal B. holding statute which required consideration rather than a finding of amenability was constitutional C. holding that deas reference to ag order 27582005 rather than 28872007 was a clerical error which did not subvert the reviewing functions required by congress D. holding that reviewing court may consider trial evidence in reviewing denial of motion to suppress E. holding that appellate courts analyze plain error by reference to the law as of the time the appeal is decided rather than the extant law at the time of the disputed trial court ruling

assistant: The best answer is C. holding that deas reference to ag order 27582005 rather than 28872007 was a clerical error which did not subvert the reviewing functions required by congress
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: Servicer (i) is in material compliance with all Applicable Laws, including all applicable AML-BSA Laws, and (ii) is not in violation of any order of any Regulatory Authority or other board or tribunal, except, in the case of both (i) and (ii), where any such noncompliance or violation would not reasonably be expected to have or result in a Material Adverse Effect with respect to Servicer or a material impairment of the ability of Servicer to service the Loans or the enforceability or collectability of the Loans; and Servicer has not received any notice that Servicer is not in material compliance in any respect with any of the requirements of any of the foregoing; Servicer has maintained in all material respects all records required to be maintained by any applicable Regulatory Authority; and Servicer is in material compliance with the Accepted Servicing Practices.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: certain factors, or “badges of fraud.” The IUFTA lists eleven such badges. See 740 ILCS 160/5(b); Eckert, 388 B.R. at 840. In sufficient number, these badges of fraud may raise an inference of actual fraud. Eckert, 388 B.R. at 840; Steel Co. v. Morgan Marshall Indus., Inc., 278 Ill.App.3d 241, 251, 214 Ill.Dec. 1029, 662 N.E.2d 595, 602 (1st Dist.1996). Because the statutory badges of fraud are simply considerations, however, and not an exhaustive list, no set number or combination automatically demonstrates fraudulent intent. See Brandon v. Anesthesia & Pain Mgt. Assocs., Ltd., 419 F.3d 594, 600 (7th Cir.2005) (decrying the badges’ “mesmerizing force” and noting they “are not additive”); Lindholm v. Holtz, 221 Ill.App.3d 330, 334, 163 Ill.Dec. 706, 581 N.E.2d 860, 863 (2nd Dist.1991) (<HOLDING>). To stave off summary judgment, the Trust must Options: A. holding that proof of some or even all of the badges may not show intent B. holding that direct proof of intent to defraud is unnecessary and that it may be inferred from the act of the parties and from all circumstances C. holding that fraud may be inferred from circumstantial evidence including such badges of fraud as understatement of income inadequate records and implausible or inconsistent explanations of behavior D. holding proof of racially discriminatory intent or purpose required to show equal protection violation E. holding intent may be inferred from all facts and circumstances

assistant: The best answer is A. holding that proof of some or even all of the badges may not show intent
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: error.”); United States v. Burrell, 622 F.3d 961, 965 (8th Cir. 2010) (“Indeed, an argument that a district court failed to explain a sentence must be reviewed for plain error if it was not raised to the district court ‘at the time of sentencing.’ ”) (quoting United States v. Statman, 604 F.3d 529, 534 (8th Cir. 2010)); United States v. Ciappetta, 284 Fed. Appx. 854, 855 (2d Cir. 2008) (“Ciappetta’s first claim — that the district court failed to explain how Ciappetta engaged in more culpable conduct than one of his co-defendants — is reviewed for plain error because Ciappetta did not object to the district court’s explanation of its sentence below.”) (citing United States v. Villafuerte, 502 F.3d 204, 211 (2d Cir.2007)); United States v. Romero, 491 F.3d 1173, 1176-77(10th Cir. 2007) (<HOLDING>). 3 The concurrence argues that Brown, through Options: A. holding that plain error review is used for unpreserved challenges to the method by which the trial court arrived at a sentence including arguments that the sentencing court failed to explain adequately the sentence imposed B. recognizing that we review the sentence imposed by a district court under the abuse of discretion standard C. holding that sentencing error is harmless if the error did not affect the district courts selection of the sentence imposed D. holding that plain error analysis applies to unpreserved claims that a district court failed to comply with 3553e E. holding that a sentence imposed for a violation of supervised release will be upheld where 1 the district court considered the applicable policy statements 2 the sentence is within the statutory maximum and 3 the sentence is reasonable

assistant: The best answer is A. holding that plain error review is used for unpreserved challenges to the method by which the trial court arrived at a sentence including arguments that the sentencing court failed to explain adequately the sentence imposed
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 Corporation shall be precluded from asserting in any judicial proceeding that the procedures and presumptions of this Agreement are not valid, binding and enforceable. The Corporation agrees that its execution of this Agreement shall constitute a stipulation by which it shall be irrevocably bound in any court of competent jurisdiction in which a proceeding by Indemnitee for enforcement of his rights hereunder shall have been commenced, continued or appealed, that its obligations set forth in this Agreement are unique and special, and that failure of the Corporation to comply with the provisions of this Agreement will cause irreparable and irremediable injury to Indemnitee, for which a remedy at law will be inadequate. As a result, in addition to any other right or remedy Indemnitee may have at law or in equity with respect to breach of this Agreement, Indemnitee shall be entitled to injunctive or mandatory relief directing specific performance by the Corporation of its obligations under this Agreement.

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 legal provision and list the applicable contract clause categories. Provision: Use the proceeds of the Loans for (a) Permitted Acquisitions, (b) repurchases of Equity Interests of the Borrower (not in violation of Regulation U of the FRB) or (c) working capital, capital expenditures, and other general corporate purposes not in contravention of any Law or of any Loan Document.

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: of its community as a legitimate exercise of its inherent police power. ZONING BASED ON AESTHETICS IS A VALID EXERCISE OF THE CITY’S POLICE POWER This Court and other courts of this state have repeatedly found that measures designed to enhance or maintain the aesthetic appeal of a community are a valid exercise of a local government’s police power and these measures bear a rational relationship to a legitimate purpose. “Florida has long recognized that local governments may legislate to protect the appearance of their communities as a legitimate exercise of their inherent police power.” City of Sunrise v. D.C.A. Homes, 421 So.2d 1084, 1085 (Fla. 4th DCA 1982) (emphasis added); see also City of Lake Wales v. Lamar Adver. Ass’n of Lakeland, Fla., 414 So.2d 1030, 1032 (Fla.1982) (<HOLDING>) (quoting Westfield Motor Sales Co. v. Town of Options: A. holding that damages are not relief that is available under the idea B. recognizing that zoning solely for aesthetic purposes is an idea whose time has come it is not outside the scope of the police power C. holding that by its terms the idea does not require exhaustion where the relief sought is unavailable in an administrative proceeding under the idea monetary damages are not available so exhaustion is not required D. recognizing that idea is simply not an antidiscrimination statute so that pure discrimination claim was not barred by parents failure to exhaust remedies under idea E. holding that it is not

assistant: The best answer is B. recognizing that zoning solely for aesthetic purposes is an idea whose time has come it is not outside the scope of the police power
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: Pursuant to the Company’s customary policies in force at the time of payment, Employee shall be promptly reimbursed, against presentation of vouchers or receipts therefor, for all expenses properly and reasonably incurred by Employee on behalf of the Company in the performance of Employee’s duties hereunder.

assistant: Expenses