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: The Texas stalking offense for which Rodriguez was convicted is not a force offense within the meaning of § 2L1.2. The use, attempted use, or threatened use of physical force is not a required element of the statute under a plain reading of the text. See Tex. Penal Code § 42.072. The statute criminalizes behavior that another person fears is threatening bodily injury. Id. But as this Court has consistently held, one can cause bodily injury without the use or attempted use of physical force. See Andino-Ortega, 608 F.3d at 311 (concluding that the offense injury to a child “can be committed by intentional act without the use of physical force by putting poison or another harmful substance in a child’s food or drink”); United States v. Villegas-Hernandez, 468 F.3d 874, 882 (5th Cir.2006) (<HOLDING>); Calderon-Pena, 383 F.3d at 260 (stressing Options: A. holding that a texas assault statute requiring that the defendant intentionally knowingly or recklessly causes bodily injury to another may be violated by the defendant so causing such injury by means other than the actual attempted or threatened use of physical force against the person of another and hence does not have such use of force as an element alteration in original B. holding that 2241a1 requires actual use of force meaning use of such physical force as is sufficient to overcome restrain or injure a person C. holding that the decision of a police officer to preserve public safety and order through use of commands backed by threat of force or actual use of physical force is a matter of discretion D. holding that where the states definition of robbery has on its face the element of use or threatened use of physical force a robbery conviction is properly used as a predicate under acca E. holding force to be an element of pre1994 amendment 111 which may be satisfied by proof of force or threat of force

assistant: The best answer is A. holding that a texas assault statute requiring that the defendant intentionally knowingly or recklessly causes bodily injury to another may be violated by the defendant so causing such injury by means other than the actual attempted or threatened use of physical force against the person of another and hence does not have such use of force as an element alteration in original
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: in camera without revealing trade secret); see also Anderson v. Dep’t of Health and Human Serv., 907 F.2d 936, 942 (10th Cir.1990) (in camera review by court of documents to determine if material could be released to public under the Freedom of Information Act ("FOIA”) does not equate with release to the public). Just as privileges are not waived and secrets not considered revealed in other contexts by in camera review, a court’s review of documents in camera here would not breach any obligation the Does may have to keep the agreement secret. 9 . Other circuits have similarly treated Totten as the progenitor of the state secrets doctrine, now subject to later-enunciated standards governing recognition of the privilege. See Clift v. United States, 597 F.2d 826, 828-30 (2d Cir.1979) (<HOLDING>); United States v. Ehrlichman, 376 F.Supp. 29, Options: A. holding that a case analogous to totten should be analyzed under the state secrets privilege and that the case could go forward even though revealing the underlying subject of the lawsuit a secret patent was barred by the privilege B. recognizing privilege under federal rules C. holding that a complete prohibition against an opponents use of in camera review to establish the applicability of the crimefraud exception to the attorneyclient privilege is inconsistent with the policies underlying the privilege D. holding that production of documents without a claim of privilege waives the right to later claim that privilege E. recognizing privilege

assistant: The best answer is A. holding that a case analogous to totten should be analyzed under the state secrets privilege and that the case could go forward even though revealing the underlying subject of the lawsuit a secret patent was barred by the privilege
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: schedule that did not address holiday time-sharing. It is undisputed that the Former Husband failed to raise this issue in his exceptions to the magistrate’s report. Nonetheless, if the errors in the magistrate’s report are clear on its face, the trial court errs in adopting the report. See Torres v. Torres, 98 So.3d 1171, 1171-72 (Fla. 2d DCA 2011). Such is the case here. Cf Crittenden v. Davis, 89 So.3d 1098, 1101 (Fla. 4th DCA 2012) (“ ‘[W]here visitation is ordered, the non-custodial parent’s right to the child on rotating holidays has become so routine and necessary that to deny it requires factual findings justifying that decision.’ ” (quoting Todd v. Guillaume-Todd, 972 So.2d 1003,1006 (Fla. 4th DCA 2008))); Schumaker v. Schumaker, 931 So.2d 271, 274 (Fla. 5th DCA 2006) (<HOLDING>). In light of the fact that the magistrate Options: A. holding the family court erred in failing to hold a mother in contempt after she refused visitation of the father with their children in contravention of family court orders B. holding that where trial court erred in applying established law to the facts of the case it must be reversed and remanded for a new hearing to give the trial court an opportunity to address the issue C. holding that the trial court erred in failing to address holiday visitation D. holding that the trial court plainly erred in failing to provide a specific unanimity instruction to the jury E. holding that the trial court erred in failing to mail the notice of intent to dismiss to the more recent address included on the lawyers letterhead instead of to the address listed on the partys live pleading

assistant: The best answer is C. holding that the trial court erred in failing to address holiday visitation
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: ( b ) you may cancel our yearly , two year and forever subscription plans within the 30-day money back guarantee offer , which entitles you to cancel your subscription and have the full cost refunded to you up to 30 calendar days from your first date of payment , by emailing help@headspace.com .

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: filed an Anders brief that did not mention the U.S.S.G. § 4A1.2(a)(2) sentencing issue, Defendant did not have the assistance of counsel in raising this claim or obtaining access to the information needed to challenge this particular aspect of his sentencing. This claim was therefore rejected on direct appeal because the evidence refuting the PSR’s erroneous information was not brought to t of sentencing error does- not rise to the level of “a miscarriage of justice” and thus is not cognizable under § 2255. See United States v. Talk, 158 F.3d 1064, 1070 (10th Cir.1998) (“[N]umerous cases have held that sentencing errors typically do not give rise to a miscarriage of justice sufficient to excuse procedural default.”); cf. Narvaez v. United States, 674 F.3d 621, 627 (7th Cir.2011) (<HOLDING>); Talk, 158 F.3d at 1070 (assuming without Options: A. holding that failure to consider an improper jury instruction would constitute a miscarriage of justice B. holding that error in classifying defendant as a violent offender caused a miscarriage of justice C. holding that courts of appeal should only correct a forfeited error at the trial level in those circumstances in which a miscarriage of justice would otherwise result D. holding that courts may only review claims for fundamental miscarriage of justice E. holding some evidence standard applicable to cdoc decision classifying inmate who had not been convicted of a sexual offense as a sex offender

assistant: The best answer is B. holding that error in classifying defendant as a violent offender caused a miscarriage of justice
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 by one or more of the parties to this Agreement on any number of separate counterparts (including by telecopy or email image), and all of said counterparts taken together shall be deemed to constitute one and the same instrument.

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: '2255. CONCLUSION Defendant’s motion to vacate or correct sentence under § 2255 [25] is granted. The Court vacates and sets aside the Judgment [23]. The Government’s motion to stay [41] is denied. The Court will resentence Defendant, permit him to submit objections to his Presentence Report pursuant to Federal Rule of Criminal Procedure 32(i)(l)(D), and allow both sides to argue for an appropriate and lawful sentence. IT IS SO ORDERED. 1 . The Government concedes that after Johnson, the Guidelines’s residual clause is unconstitutionally vague and that due process vagueness principles apply to the Guidelines. Gov't Resp. 3 n.l; ECF 28. Several courts have reached the same conclusion. E.g., United States v. Pawlak, 822 F.3d 902, 903-04, 907-10, 2016 WL 2802723, at **1, 5-7 (6th Cir.2016) (<HOLDING>); United States v. Welch, No. 12-4402-CR-L, 641 Options: A. holding that the supreme court has final appellate review of agency decisions B. holding that the court of appeals erred in declining to apply supreme court precedent even though the reasoning of that precedent had been eroded by subsequent decisions C. recognizing that the courts own prior decisions shielding the guidelines from vagueness challenges were no longer consistent with supreme court precedent D. holding federal district courts do not have jurisdiction over challenges to state court decisions in particular cases arising out of judicial proceedings even if those challenges allege that the state courts action was unconstitutional review of those decisions may be had only in this united states supreme court E. holding that the court of appeals lacks the authority to overrule decisions of the supreme court of north carolina and has a responsibility to follow those decisions until otherwise ordered by the supreme court

assistant: The best answer is C. recognizing that the courts own prior decisions shielding the guidelines from vagueness challenges were no longer consistent with supreme court precedent
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 will not (a) amend, supplement or otherwise modify any instruments evidencing, or agreements relating to or executed in connection with, any Senior Unsecured Debt or Refinancing Preferred Stock, in any manner which would (i) violate the requirements set forth in the definition of “Senior Unsecured Debt” or “Refinancing Preferred Stock”, as applicable, or (ii) result in a Material Adverse Change or (b) redeem, defease, prepay, repay or otherwise satisfy any Senior Unsecured Debt other than (i) the payment of regularly scheduled interest owing in respect of such Senior Unsecured Debt, (ii) the redemption, prepayment or repayment of any Senior Unsecured Debt with the proceeds of the issuance of Equity Interests, so long as, both before and after giving effect to any such redemption, prepayment or repayment, no Default, Event of Default or Borrowing Base Deficiency exists, and (iii) the redemption, prepayment or repayment of Senior Unsecured Debt with the proceeds of other Senior Unsecured Debt or Refinancing Preferred Stock in connection with any refinancing permitted by Section 6.02(i), so long as, both before and after giving effect to any such redemption, prepayment or repayment, no Default, Event of Default or Borrowing Base Deficiency exists.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Unless specifically provided otherwise in the Award Agreement, if the employment of a Participant is terminated for any reason other than Cause, death, Disability or Retirement, all unvested Options held by the Participant on the date of termination shall terminate immediately and any vested Options shall remain exercisable for (i) in the case of the Chief Executive Officer, six (6) months following the date of termination (or, in the case of an Incentive Stock Option, ninety (90) days following the date of termination), but in no event later than the expiration of such Options as specified in the applicable Option Agreement or (ii) in the case of any other Participant, ninety (90) days following the date of termination, but in no event later than the expiration of such Options as specified in the applicable Option Agreement. If the Option is not exercised during this period, it shall be void and deemed to have been forfeited and be of no further force or effect.

assistant: Death
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: these terms of service ( `` terms '' ) apply to your access and use of the fitbit service , which is provided to you by fitbit , inc. ( `` fitbit '' ) .

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: offer subject to the express condition that the Seller assent that this [p]urchase [o]rder constitutes the entire agreement between Buyer and Seller.” Purchase order, ¶ 1. In other words, the purchase order was a conditional acceptance. See Ralph Shrader, Inc. v. Diamond International Corp., 833 F.2d 1210, 1215 (6th Cir.1987) (Ralph Shrader). In Ralph Shrader, the Sixth Circuit held that, when a party limited acceptance to “[t]he terms set forth on the reverse side,” it was a conditional acceptance. Id. The Sixth Circuit rejected the argument that language in a contract had to mimic the “expressly made conditional” language of UCC § 2-207(1) in order to be a conditional acceptance. Id. n. 4; see also Step-Saver Data Systems, Inc. v. Wyse Technology, 939 F.2d 91, 101 (3d Cir.1991) (<HOLDING>). To require the exact language of the UCC Options: A. holding that the offerors signature on the offerees conditional acceptance bound the offeror to all the terms therein B. holding that a private actors conduct was not state action just because the government failed to supervise that partys conduct C. holding that a conditional acceptance can be manifested merely in a partys conduct D. holding that performance may be valid acceptance E. recognizing that a partys initial entry of a restricted appearance manifested its lack of consent to personal jurisdiction but that partys subsequent actions constituted a waiver of its jurisdictional defenses

assistant: The best answer is C. holding that a conditional acceptance can be manifested merely in a partys conduct
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 representations and warranties contained herein shall survive the last to occur of the Tranche I Closing or the Tranche II Closing, as the case may be, and shall thereupon terminate 24 months from the last of such Closings to occur, except that the representations contained in Sections 3(a), 3(b), 3(q), 3(r), 4(a), 4(b) and 4(f) shall survive indefinitely. All covenants and agreements contained herein which by their terms contemplate actions following the Closings shall survive the Closings and remain in full force and effect in accordance with their terms. All other covenants and agreements contained herein shall not survive the Closings and shall terminate upon the last to occur of the Tranche I Closing or the Tranche II Closing, as the case may be.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be terminated by any party hereto without any effect whatsoever on the obligations between the Company and the other Purchasers, by written notice to the other parties, if the Closing has not been consummated on or before [_________]; provided , however , that such termination will not affect the right of any party to sue for any breach by the other party (or parties).

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the firearm, as opposed to any use that might cause danger,” Aplt. Br. at 10, '“[t]he simple possession of an unregistered firearm ... is not covered by [the Section 4B1.2] list.” Id. at 11. He cites to the commentary to this section of the sentencing guidelines, which provides that “the term ‘crime of violence’ does not include the offense of unlawful possession of a firearm.” U.S.S.G. § 4B1.2 App. Note 2. Dwyer argues since “the commentary is a binding interpretation of the phrase ‘crime of violence,’ ” Stinson v. United States, 508 U.S. 36, 47, 113 S.Ct. 1913, 123 L.Ed.2d 598 (1993), simple possession of an unregistered firearm is not a crime of violence. In United States v. Sullivan, 919 F.2d 1403, 1411 (10th Cir.1990), in discussing the unlawful possession of an unre h Cir.2001) (<HOLDING>); United States v. Allegree, 175 F.3d 648, 651 Options: A. holding that evidence obtained following the polices unconstitutional search of the defendants backpack which was not with the defendant at the time of the search and in which the police found a sawedoff shotgun was sufficiently far from the unconstitutional search because the challenged evidence was obtained as a result of the polices decision to pursue the defendant a decision they would have made even absent finding the sawedoff shotgun because the defendant was a person of interest in their underlying investigation B. holding that possession of a sawedoff shotgun under 26 usc 5861d is a crime of violence and noting that congress found certain firearms sawedoff shot guns and grenades to be inherently dangerous and lacking in usefulness other than for violent and criminal purposes C. holding that for purposes of 4b12 possession of a sawedoff shotgun in violation of 5861d is a crime of violence because by its very nature a sawedoff shotgun always creates a serious risk of physical injury to another D. holding that possession of sawedoff shotgun is violent felony as defined by armed career criminal act E. holding that possession of a sawed off shotgun is a crime of violence

assistant: The best answer is C. holding that for purposes of 4b12 possession of a sawedoff shotgun in violation of 5861d is a crime of violence because by its very nature a sawedoff shotgun always creates a serious risk of physical injury to another
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 that during the course of his employment with Employer, he will have access to and learn trade secrets and other non-public, confidential, and/or proprietary information concerning the business (including but not limited to its employees, services, practices or policies) of Employer and its affiliates (collectively, “ Confidential Information ”). Executive promises never to make use of, disclose, or divulge any Confidential Information, directly or indirectly, except to the extent such use or disclosure is (i) necessary to the performance of this Agreement and in furtherance of Employer’s best interests, (ii) lawfully and publicly obtainable from other sources through no fault or breach of Executive, or (iii) authorized in writing by Employer. All records, files, documents, drawings, specifications, software, computerized data and information on any medium, equipment, and similar items or materials containing Confidential Information or otherwise relating to the business of Employer or its affiliates, including without limitation all records relating to customers (collectively, “ Employer Materials ”), whether prepared by Executive or otherwise coming into Executive’s possession, shall remain the exclusive property of Employer or such affiliates. Upon termination of employment, Executive agrees to promptly deliver to Employer all Employer Materials in the possession or under the control of Executive. The provisions of this Section 6.4 shall survive the expiration, suspension or termination of this Agreement for any reason. Executive promises that if he ever becomes legally compelled (for example, by court order or subpoena) to disclose any Confidential Information or Employer Materials, he will notify Employer as soon as possible after learning of the requested disclosure and, prior to disclosing any such information or materials, cooperate fully with Employer in its pursuit of a protective order or other lawful efforts to resist disclosure. Notwithstanding the foregoing, Confidential Information shall not include (a) the identity and contact information of Executive’s contacts, including those existing prior to commencement of his employment with Employer or developed during his employment, or (b) information already known by Executive prior to his employment with Employer other than through disclosure to him during the negotiation of this Agreement and the LLC Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Notwithstanding anything to the contrary in the Agreement, without the consent of Counterparty, Dealer may assign any of its rights or duties hereunder to any one or more of its Affiliates (1) that has a long-term issuer rating that is equal to or better than Dealer’s credit rating at the time of such assignment, or (2) whose obligations hereunder will be guaranteed, pursuant to the terms of a customary guarantee in a form used generally for similar transactions, by Dealer or Dealer’s ultimate parent; provided that, at the time of such assignment (i) Counterparty will not be required to pay (including a payment in kind) to the transferee any amount in respect of an Indemnifiable Tax under Section 2(d)(i)(4) of the Agreement (except in respect of interest under Section 2(e), 6(d)(ii) or 6(e) of the Agreement) greater than the amount in respect of which Counterparty would have been required to pay to Dealer in the absence of such transfer; and (ii) Counterparty will not receive any payment (including a payment in kind) from which an amount had been withheld or deducted, on account of a Tax under Section 2(d)(i) of the Agreement (except in respect of interest under Section 2(e), 6(d)(ii) or 6(e) of the Agreement), in excess of that which Dealer would have been required to so withhold or deduct in the absence of such transfer, except to the extent that the transferee will be required to make additional payments pursuant to Section 2(d)(i)(4) of the Agreement in respect of such excess. Notwithstanding any other provision in this Master Confirmation to the contrary requiring or allowing Dealer to purchase, sell, receive or deliver any Shares or other securities to or from Counterparty, Dealer may designate any of its Affiliates to purchase, sell, receive or deliver such Shares or other securities and otherwise to perform Dealer’s obligations in respect of any Transaction and any such designee may assume such obligations. Dealer may assign the right to receive Settlement Shares to any third party who may legally receive Settlement Shares. Dealer shall be discharged of its obligations to Counterparty only to the extent of any such performance. For the avoidance of doubt, Dealer hereby acknowledges that notwithstanding any such designation hereunder, to the extent any of Dealer’s obligations in respect of any Transaction are not completed by its designee, Dealer shall be obligated to continue to perform or to cause any other of its designees to perform in respect of such obligations.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The “ Term ” of this Lease is the Initial Term plus all Renewal Terms, and a “ Lease Year ” is the twelve month period commencing on January 1 of each year of the Term; provided, however, the first Lease Year shall commence on January 22, 2015 and end on January 31, 2016, The “ Initial Term ” commences on January 22, 2015 and ends on January 31, 2030, and may be extended for four (4) separate “ Renewal Terms ” of five (5) years each if: (a) at least twelve (12), but not more than fifteen (15) months prior to the end of the then current Term, Tenant delivers to Landlord a “ Renewal Notice ” that it desires to exercise its right to extend this Lease for one (1) Renewal Term; and (b) there is no Event of Default on the date Landlord receives the Renewal Notice (the “ Exercise Date ”) or on the last day of the then current Term.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Regardless of the reason for any termination of this Agreement (other than terminations due to Executive’s death or Disability, which are covered by Sections 6(e)(i) and (ii) below, respectively), Executive shall be entitled to receive each of the following: (i) payment of any unpaid portion of his Base Salary through the effective date of termination; (ii) reimbursement for any outstanding reasonable business expense he has incurred in performing his duties hereunder in accordance with Section 4(d) above; (iii) continued insurance benefits to the extent required by law; and (iv) payment of any fully vested but unpaid rights as required by the terms of any bonus or other incentive pay plan, or any other employee benefit plan or program of Playa Management or a Playa Affiliate.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: order restitution under the broader powers of probation after conviction, “the court may suspend the imposition or execution of sentence and place the defendant on probation on the conditions that the court considers proper.” § 6-221. We previously commended the use of restitution as a condition of probation: “[a] court which orders restitution does a certain solomonic justice for the aggrieved victim who is entitled to requittal of that unlawfully taken or reparation for injury criminally inflicted; thus, restitution as a probationary tool has an understandable appeal.” Coles v. State, 290 Md. 296, 305, 429 A.2d 1029, 1033 (1981). Yet, the broad power to order conditions of probation under § 6-221 is not boundless. See, e.g., Bailey v. State, 355 Md. 287, 299, 734 A.2d 684, 690 (1999) (<HOLDING>); Sheppard v. State, 344 Md. 143, 154, 685 A.2d Options: A. holding improper a probation order under 641a of article 27 forbidding a defendant from driving even if the maryland transit authority which had specific regulatory power over drivers license suspensions under the transportation article gives the defendant a license B. holding warrantless search of probationers home by probation officers based on reasonable suspicion was constitutionally permissible when conditions of probation required probationer to submit to home visits but not searches C. holding that probation is not a sentence D. holding that probation order under 641a of article 27 was an illegal sentence when it ordered restitution to be paid by a defendant to a victim of an alleged crime for which the defendant was not convicted E. holding that home detention as a condi tion of probation under 641a of article 27 is improper without explicit statutory authorization

assistant: The best answer is E. holding that home detention as a condi tion of probation under 641a of article 27 is improper without explicit statutory authorization
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: regulation, or practice is or will be just, fair, and reasonable,” id. § 205(a). We first dispense with the idea that Congress clearly intended to limit the practices that can be deemed “unjust or unreasonable,” under § 201(b), to those that are contrary to practices prescribed solely under the authority of § 205. To the contrary, it appears to us that Congress has extended the scope of § 201(b) far beyond those core original provisions. Section 201(b) gives the Commission broad power to enact such “rules and regulations as may be necessary in the public interest to carry out the provisions of this Act,” including sections that were added later by the Telecommunications Act of 1996. See AT & T Corp. v. Iowa Utils. Bd., 525 U.S. 366, 377-78 & n. 5, 119 S.Ct. 721, 142 L.Ed.2d 835 (1999) (<HOLDING>). And, as we mentioned above, the Commission Options: A. holding that the courts retained jurisdiction over cases pending pursuant to the 1996 amendment when the congress enacted the new terrorism exception B. holding that terms of 29 usc 156 authorizing the nlrb to make such rules and regulations as may be necessary to carry out the provisions of the act grant the nlrb broad rulemaking authority C. holding statutory authority of commission to promulgate rules to interpret law does not impose affirmative rulemaking requirement D. holding that rule 14e3a does not exceed secs rulemaking authority E. holding that the commissions rulemaking authority under 201b extends to the implementation of provisions enacted in 1996

assistant: The best answer is E. holding that the commissions rulemaking authority under 201b extends to the implementation of provisions enacted in 1996
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: “events occurring at the trial of petitioner may be shown by a duly authenticated transcript, record or portion thereofl,]” the legislature obviously contemplated that an entire record of the underlying court proceedings may not always be necessary to the determination of whether post-conviction relief is available. (Emphasis added.) Nonetheless, the assessments required by the statutes of a post-conviction court and a reviewing appellate court must be made in light of the totality of the circumstances that are material to the issues raised by a petitioner. Horn v. Hill, 180 Or App 139, 148, 41 P3d 1127 (2002) (citing Carias v. State of Oregon, 148 Or App 540, 543, 941 P2d 571 (1997)); see also Cunningham v. Thompson, 188 Or App 289, 296, 71 P3d 110 (2003), rev den, 337 Or 327 (2004) (<HOLDING>). In this case, petitioner contends that the Options: A. recognizing that only a claimant is entitled to the secretarys assistance in the development of the facts pertinent to the claim the benefit of the doubt and the determination whether the claim is well grounded B. holding that although a defendant filed a motion in limine on an evidentiary issue a failure to object to the evidence at trial waives the issue for appeal C. holding that a challenge to the weight of the evidence is waived for failure to present the issue first to the trial court D. holding that where a petitioners claim of inadequate assistance is based on trial counsels failure to adduce or controvert evidence pertaining to a particular issue an assessment of other evidence pertaining to the issue as well as any other aspects of the criminal trial that are pertinent to the issue considered in light of the issues at trial in their entirety is the proper method for determining whether in the totality of the circumstances counsels error had the required tendency to affect the jurys verdict citation omitted emphasis in original E. holding that where the meaning of the jurys verdict was not clear in light of the trial courts jury instructions the court of appeals erred in directing entry of judgment for respondent the case should have been remanded to the trial judge who was in the best position to pass upon the question of a new trial in light of the evidence his charge to the jury and the jurys verdict

assistant: The best answer is D. holding that where a petitioners claim of inadequate assistance is based on trial counsels failure to adduce or controvert evidence pertaining to a particular issue an assessment of other evidence pertaining to the issue as well as any other aspects of the criminal trial that are pertinent to the issue considered in light of the issues at trial in their entirety is the proper method for determining whether in the totality of the circumstances counsels error had the required tendency to affect the jurys verdict citation omitted emphasis in original
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: unless accompanied by a separate microsoft license agreement ( for example , if you are using a microsoft application that is included with and a part of windows , then the microsoft software license terms for the windows operating system govern such software ) , and except as provided in section 14 ( b ) ( i ) below for applications available through the office store , the windows store or the xbox store , any software provided by us to you as part of the services is subject to these terms .

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: pr e-Miranda silence, we cannot say that LaCourse is controlling. ¶ 13. Nor is there controlling federal precedent. The United States Supreme Court has not ruled on this issue. See Jenkins v. Anderson, 447 U.S. 231, 236 n.2, 238 (1980) (concluding that the prosecution may use a defendant’s pre-arrest, pr e-Miranda silence for impeachment purposes but explicitly withholding judgment on the issue of whether such silence may be used in the prosecution’s case in chief where the App. 2008) (“[W]e hold that a proper invocation of the privilege against self-incrimination is protected [by the Fifth Amendment] from prosecutorial comment or substantive use, no matter whether such invocation occurs before or after a defendant’s arrest.”); State v. Leach, 2004-Ohio-2147, ¶¶ 1, 9, 807 N.E.2d 335 (<HOLDING>); State v. Palmer, 860 P.2d 339, 349-50 (Utah Options: A. holding that impeachment by use of prearrest silence does not violate fifth or fourteenth amendments B. holding that substantive use of prearrest silence is contrary to fifth amendment C. holding that federal constitution does not permit state to use prearrest silence to imply guilt and characterizing the states argument to the contrary as nothing short of incredible D. holding that state constitution prohibits substantive use of prearrest silence E. holding that the government can use prearrest silence for impeachment purposes against a defendant because no government action induced the silence

assistant: The best answer is B. holding that substantive use of prearrest silence is contrary to fifth amendment
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: her own choosing,” Complaint ¶ 144-, at 36, but this statement alone is insufficient to maintain an expressive-association claim, because there is no “generalized [First Amendment] right of ‘social association,’ ” City of Dallas v. Stanglin, 490 U.S. at 25, 109 S.Ct. 1591. To establish First Amendment protection over her expressive association' claim, A.M. must allege that the Individual DOH Defendants prevented her from associating with others for expressive purposes. Boy Scouts 907, 102 S.Ct. 3409, 73 L.Ed.2d 1215 (1982) (upholding a right to organize a boycott); In re Primus, 436 U.S. 412, 426, 98 S.Ct. 1893, 56 L.Ed.2d 417 (1978) (upholding the ACLU’s right to solicit prospective litigants); Smith v. Ark. State Highway Emp., 441 U.S. 463, 464, 99 S.Ct. 1826, 60 L.Ed.2d 360 (1979) (<HOLDING>); Roberts v. U.S. Jaycees, 468 U.S. at 622, 104 Options: A. recognizing a public employees first amendment right to address matters of legitimate public concern B. recognizing private right of action C. recognizing a right to contribution D. recognizing the right to counsel on appeal E. recognizing employees right to unionize

assistant: The best answer is E. recognizing employees right to unionize
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The parties acknowledge that the parties and their counsel have reviewed and revised this Agreement and agree that the normal rule of construction - to the effect that any ambiguities are to be resolved against the drafting party - shall not be employed in the interpretation of this Agreement or any exhibits or amendments hereto.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Borrowers will, and will cause each of its Subsidiaries to, use the proceeds of the Loans for general corporate purposes of the Group, including acquisitions permitted under this Agreement, 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: under Pennsylvania law is to determine whether a conflict exists between the laws of the competing states. Wilson v. Transp. Ins. Co., 889 A.2d 563, 570 (Pa.Super.2005), quoting Ratti v. Wheeling Pittsburgh Steel Corp., 758 A.2d 695, 702 (Pa.Super.2000), appeal denied, 567 Pa. 715, 785 A.2d 90 (2001). If no conflict exists, further analysis is unnecessary. Id. If a conflict is found, it must be determined which state has the greater interest in the application of its law. Id. Weighing these interests requires a further determination as to which state had the most significant contacts or relationships with the insurance contract. Id., citing Nationwide Ins. Co. v. West, 807 A.2d 916, 921 (Pa.Super.2002), citing in turn Griffith v. United Air Lines, Inc., 416 Pa. 1, 203 A.2d 796 (1964) (<HOLDING>). We will refer to this rubric as the Griffith Options: A. holding that party waived an objection to choice of law B. holding that disputed questions of fact and all ambiguities in state law must be resolved in favor of the nonmoving party C. recognizing the tally of cases deciding the issue is greatly in favor of applying article 2 D. holding that under texas choice of law principles contractual choice of law provisions are generally upheld E. holding the strict lex loci delicti rule is abandoned in favor of applying a flexible approach to choice of law questions

assistant: The best answer is E. holding the strict lex loci delicti rule is abandoned in favor of applying a flexible approach to choice of law questions
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 will be governed by and construed in accordance with the laws of the State of Washington, without regard to any conflict of law principles thereof that would give rise to the application of the laws of any other jurisdiction. Executive hereby waives notice of the telephonic Board meeting held on January 21, 2019 at 9 AM Pacific Time.

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: The term of this Agreement shall begin on the date hereof and shall end at the earlier of: 18 months from the Effective Date of the Registration Statement or when the Purchaser has purchased $10,000,000 of Common Stock, or as otherwise set forth in Section 7.2.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Executive will not at any time (whether during or after Executive’s Employment Term) make public statements or public comments intended to be (or having the effect of being) of defamatory or disparaging nature regarding (including, without limitation, any statements or comments, whether in person, radio, television, film, social media or otherwise, that are (i) likely to be harmful to the business, business reputation or personal reputation of and (ii) for, on behalf of or in association with any trade, industry, activist or other advocacy group that has, at any time, made adverse or critical statements in relation to) the Company or any of its subsidiaries or affiliates or any of their respective businesses, shareholders, members, partners, employees, agents, officers, directors or contractors (it being understood that comments made in Executive’s good faith performance of his duties hereunder shall not be deemed disparaging or defamatory for purposes of this paragraph). The Company (via any official statement) shall not, and shall instruct its officers and directors to not, at any time make any public statements or public release which is intended to be (or having the effect of being) of defamatory or disparaging nature regarding Executive’s reputation in the business community (it being understood that comments made by the Company in the good faith and in ordinary course of business shall not be deemed disparaging or defamatory for purposes of this paragraph). Notwithstanding anything in this Section 1(b), either the Executive or the Company (including its officers and directors) shall be permitted to (x) provide a reasonable and truthful response to or statement to defend itself or him/herself against any public statement made by the Company or the Executive, as applicable, that is incorrect or disparages such person, to the extent necessary to correct or refute such public statement and (y) provide truthful testimony in any legal proceeding or process.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns permitted hereby, except that no Borrower may assign or otherwise transfer any of its rights or obligations hereunder without the prior written consent of the Administrative Agent and each Lender, and no Lender may assign or otherwise transfer any of its rights or obligations hereunder except (i) to an assignee in accordance with the provisions of subsection (b) of this Section, (ii) by way of participation in accordance with the provisions of subsection (d) of this Section, or (iii) by way of pledge or assignment of a security interest subject to the restrictions of subsection (f) of this Section (and any other attempted assignment or transfer by any party hereto shall be null and void). Nothing in this Agreement, expressed or implied, shall be construed to confer upon any Person (other than the parties hereto, their respective successors and assigns permitted hereby, Participants to the extent provided in subsection (d) of this Section and, to the extent expressly contemplated hereby, the Related Parties of each of the Agents, the L/C Issuers and the Lenders) any legal or equitable right, remedy or claim under or by reason of this Agreement.

assistant: Successors
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: No remedy conferred upon a party by this Agreement is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to any other remedy given hereunder or now or hereafter existing at law or in equity. No delay or omission by a party in exercising any right, remedy or power hereunder or existing at law or in equity shall be construed as a waiver thereof, and any such right, remedy or power may be exercised by a party from time to time and as often as may be deemed expedient or necessary by such party in its sole discretion.

assistant: No Waivers