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: To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the applicable Borrower shall hand deliver or facsimile (or transmit through Electronic System, if arrangements for doing so have been approved by the Issuing Bank) to the Issuing Bank and the Administrative Agent (reasonably in advance of the requested date of issuance, amendment, renewal or extension, but in any event no less than three Business Days) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit (and, if applicable, whether such Letter of Credit shall be an Alternate Currency Letter of Credit), the name and address of the beneficiary thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. In the case of any such notice requesting the issuance of a Letter of Credit, such notice also shall specify whether such Letter of Credit is to be a Tranche A Letter of Credit or a Tranche B Letter of Credit. In the event that no such specification is made (x) and the currency is specified as a currency other than dollars, then the requested Letter of Credit shall be issued as a Tranche B Letter of Credit, and (y) and the currency is specified as dollars, then the requested Letter of Credit shall be issued as a Tranche A Letter of Credit if there are available Tranche A Revolving Credit Commitments and, if there are not such available commitments, shall be issued as a Tranche B Letter of Credit. If requested by the Issuing Bank, the applicable Borrower also shall submit a letter of credit application on the Issuing Bank’s standard form in connection with any request for a Letter of Credit. A Letter of Credit shall be issued, amended, renewed or extended only if (and upon issuance, amendment, renewal or extension of each Letter of Credit the applicable Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension the sum of the total Revolving Credit Exposures of the applicable Class shall not exceed the total Revolving Credit Commitments of such Class.

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 case excerpt and choose the best holding from the options. Case excerpt: to ordinance interpreted as regulating conduct near foreign embassies “when the police reasonably believe that a threat to the security or peace of the embassy is present”); Cameron v. Johnson, 390 U.S. 611, 616, 88 S.Ct. 1335, 20 L.Ed.2d 182 (1968) (rejecting vagueness challenge to ordinance prohibiting protests that “unreasonably interfere” with access to public buildings); Kovacs v. Cooper, 336 U.S. 77, 79, 69 S.Ct. 448, 93 L.Ed. 513 (1949) (rejecting vagueness challenge to sound ordinance forbidding “loud and raucous” sound amplification); Am. Ass’n of People with Disabilities v. Herrera, 580 F.Supp.2d 1195, 1241 (D.N.M.2008) (Browning, J.)(upholding New Mexico’s regulation of third-party voter-registration drives against a void-for t. 1633, 40 L.Ed.2d 15] (1974)(plurality)(<HOLDING>); [416 U.S.] at 164 [94 S.Ct. 1633] (Powell, Options: A. holding employment protection standard not impermissibly vague in regulating speech of federal employees B. holding that where the employment of the injured employees was the occasion of the injury the injuries arose out of employment C. holding unconstitutional a federal law imposing a prior restraint on a broad range of speech by all federal employees noting that a widespread blanket prohibition on governmental employees potential speech gives rise to far more serious concerns than could any single supervisory decision D. recognizing that code is speech E. holding transfer rule did not violate federal equal protection

assistant: The best answer is A. holding employment protection standard not impermissibly vague in regulating speech of federal employees
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: motion to vacate pursuant to Court of Chancery Rule 12(b)(1). Y. For the foregoing reasons, the State’s motion to dismiss F & D’s entire Verified Petition pursuant to Court of Chancery Rule 12(b)(1) is GRANTED. IT IS SO ORDERED. 1 . In addition, 10 Del. C. § 5703(b) provides: Subject to subsection (c) of this section, a party who has not participated in the arbitration and who has not been made or served with an application to compel arbitration may file its complaint with the Court seeking to enjoin arbitration on the ground that a valid agreement was not made or has not been complied with or that the claim sought to be arbitrated is barred by limitation of § 5702(c). 2 . 10 Del. C. § 5703(b) and (c). 3 . See Weymouth v. State of Delaware, 1983 WL 17987, at *4 (Del.Ch. July 18, 1983) (<HOLDING>). 4 . 10 Del. C. § 5703(c). 5 . Emphasis added. Options: A. holding that a partys failure to follow the unequivocal mandate of 10 del c 5703c precludes that party from attempting to deny the plaintiff the opportunity to enjoin the arbitration B. holding that once the party seeking to compel arbitration establishes the existence of an arbitration agreement and that the claims raised fall within the scope of that agreement the trial court must compel arbitration C. holding that rookerfeldman precludes jurisdiction over a federal lawsuit to compel arbitration under the federal arbitration act because the action was inextricably intertwined with the plaintiffs failed statelaw action to compel arbitration under the louisiana arbitration act D. holding that a party attempting to compel arbitration must first establish that the dispute in question falls within the scope of a valid arbitration agreement E. holding that failure to follow mandatory provision of statute renders the act void whereas failure to follow directory provision does not

assistant: The best answer is A. holding that a partys failure to follow the unequivocal mandate of 10 del c 5703c precludes that party from attempting to deny the plaintiff the opportunity to enjoin the arbitration
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: or entered á plea of guilty to the habitual criminal allegations. Id. at 754. For these reasons, we held: The trial court clearly was without authority to preempt the defendant’s right to a jury trial on the habitual criminal counts solely on the basis of the defendant’s testimony given in defense of the substantive charge. Likewise, there was no legal basis for the court sua sponte to adjudicate the defendant a habitual criminal because of his trial testimony. Such an adjudication is tantamount to violating the universal maxim that a guilty verdict may never be directed against the defendant in a criminal trial, even if he confesses to the charge while on the witness stand. Id. As a result, we reversed the defendant’s adjudication and sentence as an habitual criminal. Id. at 755. W (<HOLDING>). Cf. People ex rel. Faulk v. District Court, Options: A. recognizing the right to trial by jury is a constitutional right to be given the same protections as other constitutional rights B. recognizing constitutional right to effective counsel C. holding that the creditor must prove the elements of actual fraud D. recognizing that the burden to establish a valid waiver of a constitutional right is upon the prosecution E. recognizing defendants constitutional right to have the prosecution prove the elements of habitual criminality

assistant: The best answer is E. recognizing defendants constitutional right to have the prosecution prove the elements of habitual criminality
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 rehabilitation and punishment, rather than the victim’s desire for compensation Id. (quoting Kelly v. Robinson, 479 U.S. 36, 107 S.Ct. 353, 93 L.Ed.2d 216 (1986)). Defendant concludes that, since the Eighth Circuit Court of Appeals’s statement in Carruth about the purpose of restitution appears to contradict Vetter, the holding of Vetter is no longer valid and the court may not award restitution to U.S. Bank. Defendant’s argument is frivolous and a clear breach of the Plea Agreement. Even if the court were to assume that Carruth abrogates Vetter, it is not a necessary consequence that the court must ignore the plain terms of § 3663A. Vetter analyzed a restitution statute, 18 U.S.C. § 3663 (1988), that plays no part in this case. After the Eighth Ci 047 (9th Cir.2007) (en banc) (<HOLDING>) and United States v. Irving, 452 F.3d 110, 126 Options: A. holding that federal common law of erisa preempts state law in the interpretation of erisa benefit plans B. holding that erisa does not preempt the plaintiffs claim that the erisa plan administrator is liable for medical malpractice where the plaintiff premised the claim solely on state law and did not invoke the erisa plan C. holding that erisa completely preempted certain state law claims and finding that erisa preempted an employees common law tort and contract claim when the employee sought benefits under the employers disability policy D. holding that the mvra supersedes certain provisions in erisa E. holding that ina expressly supersedes hearing provisions of the apa

assistant: The best answer is D. holding that the mvra supersedes certain provisions in erisa
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Release shall be binding upon the Company and upon Employee and Employee’s heirs, administrators, representatives, executors, successors and assigns and the Company’s representatives, successors and assigns. In the event of Employee’s death, this Release shall operate in favor of Employee’s estate and all payments, obligations and consideration will continue to be performed in favor of Employee’s estate.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: partially closed to the public. They argue further that the denial of their 10(e) motion prevents them from having a complete record to be able to brief this court on the closure issue. We disagree. As the district court correctly observed, Rule 10(e) is a mechanism by which the court can “correct omissions from or misstatements in the record for appeal.” Order at 2, Aug. 26, 2011, ECF No. 557 (citing S & E Shipping Corp. v. Chesapeake & O. Ry. Co., 678 F.2d 636, 641 (6th Cir.1982)). The Rule does not, however, “allow the court to add to the record on appeal matters that might have been but were not placed before it in the course of the proceedings.... ” United States v. Hillsberg, 812 F.2d 328, 336 (7th Cir.1986); see also Anthony v. United States, 667 F.2d 870, 875 (10th Cir.1981) (<HOLDING>). In this case, the district court denied the Options: A. holding that where the appellant has failed to demonstrate error the court is not required to search the record for an error B. holding appellants issue was rendered moot because appellant was given the opportunity to make a record in support of his motion for new trial and appellate court considered that record in disposing of only issue raised in the motion for new trial C. holding that to grant a new trial the error must be more than harmless D. holding that 10e motion to supplement the record must be denied where appellant knew of but failed to introduce the relevant evidence at trial because rule 10e does not grant a license to build a new record E. holding where record fails to establish whether and how appellant presented motion for new trial to the trial court it was not timely presented

assistant: The best answer is D. holding that 10e motion to supplement the record must be denied where appellant knew of but failed to introduce the relevant evidence at trial because rule 10e does not grant a license to build a new record
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 earlier terminated in accordance with Section 4 hereof, the term of Executive’s employment under this Agreement shall be the one-year period commencing on the Effective Date and ending on the first anniversary of the Effective Date (the “Term” and each such year, a “Term Year”). In addition, unless either party hereto provides notice of its desire not to renew this Agreement thirty (30) days prior to the expiration of the Term, this Agreement shall automatically renew for additional one (1) year periods commencing upon the expiration of the initial Term (or any such subsequent Term), with each such additional year thereafter being made part of the Term and each such additional year, thereafter a Term Year, provided, however, that this Agreement shall not automatically renew upon the expiration of any subsequent Term that ends following the third (3rd) anniversary of the occurrence of a Change of Control.

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: For avoidance of doubt, the terms of this Agreement and all obligations of the Borrower, the Administrative Agent and the Lenders with regard to the Letters of Credit shall continue after the Revolving Credit Maturity Date until the payment in full of all Secured Obligations relating thereto and the expiration or termination of all Letters of Credit (other than Letters of Credit as to which other arrangements satisfactory to the Administrative Agent and the applicable Issuing Lender shall have been made) regardless of whether at the time any such Letter of Credit was issued, renewed or extended, the termination or expiration date of such Letter of Credit occurred after the Revolving Credit Maturity Date or any drawing thereunder occurred on or after the Revolving Credit Maturity Date.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as would not, individually or in the aggregate, reasonably be expected to have a Company Material Adverse Effect, (i) the Company and each Company Subsidiary owns or otherwise has the right to use, all intellectual property rights, including all trademarks, trade dress, trade names, service marks, domain names, patents, inventions, trade secrets, know-how, works of authorship and copyrights therein, that are used in the conduct of their existing businesses and all rights relating to the plans, design and specifications of any of its branch facilities (“ Proprietary Rights ”) free and clear of all liens and any claims of ownership by current or former employees, contractors, designers or others and (ii) neither the Company nor any of the Company Subsidiaries is materially infringing, diluting, misappropriating or violating, nor has the Company or any of the Company Subsidiaries received any written (or, to the knowledge of the Company, oral) communications alleging that any of them has materially infringed, diluted, misappropriated or violated, any of the Proprietary Rights owned by any other person. Except as would not, individually or in the aggregate, reasonably be expected to have a Company Material Adverse Effect, to the Company’s knowledge, no other person is infringing, diluting, misappropriating or violating, nor has the Company or any or the Company Subsidiaries sent any written communications since December 31, 2007, alleging that any person has infringed, diluted, misappropriated or violated, any of the Proprietary Rights owned by the Company and the Company Subsidiaries.

assistant: Intellectual Property
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: From time to time, at the Company’s request and without further consideration, Executive shall execute and deliver such additional documents and take all such further action as reasonably requested by the Company to be necessary or desirable to make effective, in the most expeditious manner possible, the terms of this Agreement and the Release, and to provide adequate assurance of Executive’s due performance thereunder.

assistant: Further Assurances
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: Effective upon the Inventory Transfer Time, Seller shall assign, transfer and deliver unto the Buyer, its successors and assigns forever, all of the Seller’s right, title, and interest in and to all of the Crude and Product Inventory, free and clear of all liens, claims and encumbrances of any nature, to have and to hold, all of the Seller’s right, title, and interest in and to the Crude and Product Inventory, together with all of the rights and appurtenances thereto in anywise belonging, unto the Buyer and its successors and assigns forever. The Seller, for itself, its successors and assigns, covenants and agrees to warrant and forever defend good title to the Crude and Product Inventory, free and clear of all liens, claims and encumbrances of any nature, against the claims of all parties claiming the same by, through, or under Seller, but not otherwise, and other than Permitted Liens (as defined in the Supply and Offtake Agreement).

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: In accordance with the paragraph below, the provisions of the Confidentiality, Employee Inventions and Non-Solicitation Agreement signed by Employee on ________, 20__, and annexed hereto as Exhibit A, shall remain in full force and effect. The parties agree that this is a material term of this Agreement and, if breached, damages would be difficult to ascertain. Accordingly, if Employee is found in breach of this provision, [he/she] shall pay to Resources liquidated damages in the amount of $25,000.00 per occurrence, plus reasonable attorneys’ fees incurred to enforce this provision.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: is not intended to be and should not be used in place of ( a ) the advice of your physician or other professionals , ( b ) a visit , call or consultation with your physician or other medical professionals , or ( c ) information contained on or in any product packaging or label .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: MAKER HEREBY KNOWINGLY AND VOLUNTARILY INTENTIONALLY WAIVES ITS RIGHT TO A TRIAL BY JURY WITH RESPECT TO ANY LITIGATION ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS NOTE, OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS (WHETHER VERBAL OR WRITTEN) OR ACTIONS ON THE PART OF ANY PARTY RELATING TO THIS NOTE OR THE TRANSACTIONS CONTEMPLATED BY THIS NOTE. THIS PROVISION IS A MATERIAL INDUCEMENT FOR PAYEE’S AGREEMENT TO ACCEPT THIS NOTE.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The parties to each assignment shall execute and deliver to the Administrative Agent an Assignment and Assumption, together with a processing and recordation fee of $4,500 (or, if the assigning Lender is a Defaulting Lender, $7,500) for each assignment (which fee the Administrative Agent may, in its sole discretion, elect to waive), and the assignee, if it is not a Lender, shall deliver to the Administrative Agent an Administrative Questionnaire. If requested by the transferor Lender or the assignee, upon the consummation of any assignment, the transferor Lender, the Administrative Agent and the Borrower shall make appropriate arrangements so that new Notes are issued to the assignee and such transferor Lender, as appropriate.

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 case excerpt and choose the best holding from the options. Case excerpt: that such lien impairs an exemption to which the debtor would have been entitled under subsection (b) of this section, if such lien is— (1) a judicial lien ... 11 U.S.C. § 522(f)(1). Thus, under the statute, a debtor may avoid the fixing of a lien if three requirements are met: (1) there was a fixing of a lien on an interest of the debtor in property; (2) the lien impairs an exemption to which the debtor would have been entitled; and (3) the lien is a judicial lien. See Culver, LLC v. Chiu, 304 F.3d 905, 908 (9th Cir.2002). The parties do not dispute that Wilding has met the first and third requirements; Wilding had an interest in his house before the lien attached and the lien was a judicial lien. See Farrey v. Sanderfoot, 500 U.S. 291, 297-98, 111 S.Ct. 1825, 114 L.Ed.2d 337 (1991) (<HOLDING>); see also Patriot Portfolio LLC v. Weinstein Options: A. holding that the debtor must have had an interest in the property before the lien attached to take advantage of 522f B. holding that 522f1 requires a debtor to have possessed an interest to which a lien attached before it attached to avoid the fixing of the lien on that interest C. holding that debtor cannot take advantage of 522f after debtor has transferred his exempt property D. holding that a debtors ability to utilize 522f to avoid a judicial lien is not dependent upon the debtor receiving a discharge E. holding that section 363f applies only to in rem interests which have attached to the property by way of either the debtors consent to a security interest or the creditors attachment of the property resulting in a lien

assistant: The best answer is A. holding that the debtor must have had an interest in the property before the lien attached to take advantage of 522f
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: are not limited to "pecuniary emoluments." Preda v. Nissho Iwai Am. Corp., 128 F.3d 789, 791 (2d Cir.1997) (citation and internal quotation marks omitted). The plaintiff was suspended for a week without pay. Thus, she lost wages. While a NOCO official testified that the plaintiff was reimbursed for her lost wages, the official admitted that 11 ceimbursement occurred "some time later." The plaintiff thus may have at least suffered the loss of the use of her wages for a time. This would be sufficient to support a jury's finding that she suffered an adverse employment action. The plaintiff has also presented sufficient facts to show a causal connection between her protected activity and the adverse employment action. "The causal connection needed for proof of a retaliat 769 (2d Cir.1998) (<HOLDING>). NOCO asserts that the plaintiff was removed Options: A. holding that the passage of only twentyone days between the plaintiffs filing of an eeoc charge and his termination gave rise to an inference of a causal connection between the two events sufficient to establish a prima facie case of retaliation B. holding that a prima facie case of retaliation requires a causal link between the employees protected activity and the employers adverse employment action C. holding discharge less than two months after plaintiff filed a sexual harassment complaint with management and ten days after filing a complaint with state human rights office provided prima facie evidence of a causal connection between protected activity and retaliation D. holding that sufficient evidence of causation existed where adverse employment action occurred less than two months after protected activity E. holding that the employers discharge of the plaintiff four months after the plaintiff filed a discrimination claim is insufficient to establish a prima facie case of retaliatory discharge

assistant: The best answer is C. holding discharge less than two months after plaintiff filed a sexual harassment complaint with management and ten days after filing a complaint with state human rights office provided prima facie evidence of a causal connection between protected activity and retaliation
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: All news releases, publicity or advertising by Borrower or its Affiliates through any media intended to reach the general public which refers to the Loan Documents or the financing evidenced by the Loan Documents or to Lender or any of its Affiliates shall be subject to the prior approval of Lender except with respect to disclosures or public reporting as may be required by law, regulation or professional standard.

assistant: Publicity
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: estigated Mion’s claim, concluded that Aftermarket owed Mion $310 .18 in baek wages under the FMLA and forwarded WH-58 release forms to Aftermarket to be signed by Mion. The parties have submitted evidence of several communications bet its assent to a settlement by sending out the applicable release forms. See id. at 306. Similarly, in Cuevas, the court held that § 216(c) applied to effectuate a waiver where the DOL supplied, and the employee signed, WH-58 release forms. 752 F.Supp. at 1415-16. The court in Heavenridge v. Ace-Tex Corp., No. 92-75610, 1993 WL 603201 (E.D.Mich. Sept.3, 1993) held that where an employee cashes the employer’s check, the DOL’s supplying of WH-58 forms with the check, rather than the employee’s signing the forms, effectuates the waiver. Id. at *2-3 (<HOLDING>). The court relied on the plain language of the Options: A. holding that the authorization under 29 usc 1132a3 extends to a suit against a nonfiduciary party in interest to a transaction barred by 29 usc 1106a B. holding under flsa 29 usc 216c C. holding that the defendant is in the best position to prove and should bear the burden of establishing its entitlement to an exemption under 29 usc 1108 from 29 usc 1106b erisas prohibited transactions provision D. holding under flsa E. holding that the finding that entities constitute a single enterprise under 29 usc 203r is separate and distinct from whether an entity is an employer under 29 usc 203d

assistant: The best answer is B. holding under flsa 29 usc 216c
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: All notices, requests, demands and other communications hereunder shall be in writing and shall be delivered by hand, sent prepaid for next-day delivery by Federal Express (or a comparable overnight delivery service) or sent by the United States mail, certified, postage prepaid, return receipt requested, at the addresses and with such copies as designated below. Any notice, request, demand or other communication delivered or sent in the manner aforesaid may be given by the party required to give such notice, etc., or its attorney, and shall be deemed given or made (as the case may be) when actually delivered to or refused by the intended recipient.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: to remain on bond pending sentencing. The court construed “exceptional” as meaning “a unique combination of circumstances giving rise to situations that are out of the ordinary.” See Lea, 360 F.3d at 403 (quoting United States v. DiSomma, 951 F.2d 494, 497 (2d Cir.1991)). It also favorably cited United States v. Lippold, 175 F.Supp.2d 537, 540 (S.D.N.Y.2001), which stated that “circumstances that are ‘purely personal’ do not typically rise to the level of ‘exceptional’ warranting release.” See id. The court then concluded that there was “nothing ‘exceptional’ about going to school, being employed, or being a first-time offender, either separately or in combination” that merited the defendant’s release pending sentencing. See id. at 403-04; see also Lippold, 175 F.Supp.2d at 540-41 (<HOLDING>). The Court is persuaded by the reasoning of Options: A. holding that hcv constitutes an objectively serious medical condition B. holding that the district court erred when it departed based on defendants status as a single mother with three children under the age of four one of whom was being breastfed and where incarceration would require placing the children in foster care C. holding that when the plaintiffs child was examined only once by a physician and was not required to be absent from day care for more than three days he had no serious medical condition within the meaning of the fmla D. holding that taking care of three young children one of whom suffered from a serious medical condition and being needed at work were purely personal circumstances not exceptional reasons for release E. holding that the district court erred when it departed based on the defendants status as a single mother with three children under the age of four one of whom was being breastfed and where incarceration would require placing the children in foster care

assistant: The best answer is D. holding that taking care of three young children one of whom suffered from a serious medical condition and being needed at work were purely personal circumstances not exceptional reasons for release
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: Deluxe will accept or reject its advice to maintain these optional services. The Court also places little evidentiary value in the facts that John Hancock retains discretion to defend suits brought against it under the Plan, and that it is compensated based on total claims paid under the Plan. Neither fact reveals the type of discretion over the disposition of plan assets consistent with an ERISA fiduciary. See Useden v. Acker, 721 F.Supp. 1233, 1243 (S.D.Fla.1989) (observing that cases in which service provider found to be fiduciary involved facts where service provider exercised broad control over plan assets); see also Harris, 57 F.3d at 613 (ruling that claims administrator not fiduciary where lacked authority to decide disputed and nonroutine claims); Baxter, 941 F.2d at 456 (<HOLDING>). Santana’s last pitch alleges that John Options: A. holding that because an erisa plan is not a participant beneficiary or fiduciary subject matter jurisdiction did not exist under 502e of erisa over a suit brought by such a plan B. holding that a plaintiff seeking individual relief under erisa 502a3 under a breach of fiduciary duty theory did not have a cause of action when the alleged breach of fiduciary duty was a failure to distribute benefits in accordance with the plan C. holding that claims processor that pays claims in accordance with terms of plan not erisa fiduciary D. holding that salesman of companys financial products not fiduciary to erisa plan E. holding that insureds declaratory judgment class action claims seeking to retain tort settlements following their insurers claims for reimbursement were claims to enforce their rights under the terms of the plan and to clarify their rights to future benefits under the terms of the plan under erisa

assistant: The best answer is C. holding that claims processor that pays claims in accordance with terms of plan not erisa fiduciary
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: a special relationship with the corporation, ... have access to information more akin to a corporate insider.’ ” Hallet v. Li & Fung, Ltd., No. 95 Civ. 8917, 1996 WL 487952, at *4 (S.D.N.Y. Aug.27, 1996) (quoting In re XOMA Corp. Sec. Litig., No. C-91-2252, 1990 WL 357807, at *5-6 (N.D.Cal. Dec. 27,1991)). Plaintiffs have alleged that Keenan, as a founder of the Company and its largest individual shareholder, was significantly involved with the Company’s affairs. See SAC ¶ 212. Accepting this allegation as true, as required at this stage of the proceedings, Keenan was more akin to a “corporate insider” with a special relationship to the Company, rather than an outside director. Cf. In re Complete Mgmt. Inc. Sec. Litig., No. 99 Civ. 1454, 2001 WL 314631, at *15 (S.D.N.Y. Mar.30, 2001) (<HOLDING>). Accordingly, the alleged misrepresentations Options: A. holding in context of control person analysis that because defendant founded the company and was its largest shareholder he may be able to influence the company B. holding that plaintiffs failure to mention vice president of thirdparty company in initial disclosures was harmless because plaintiffs mentioned president of company and defendants conducted no discovery of company C. holding owner of company qualified as an employer due to inter alia his authority to hire and fire employees and overall financial control of company D. holding that complete preservation of status quo in case involving improper use of trade secrets to operate competing chemical sales company was that new company would not be able to sell any of the disputed chemicals E. holding that a limited liability company is a citizen of any state of which a member of the company is a citizen

assistant: The best answer is A. holding in context of control person analysis that because defendant founded the company and was its largest shareholder he may be able to influence the company
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: if you download or use our software , such as a stand-alone software product , an app , or a browser plugin , you agree that from time to time , the software may download and install upgrades , updates and additional features from us in order to improve , enhance , and further develop the software .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Any Lender may at any time, without the consent of, or notice to, the Borrower or the Agent, sell participations to any Person (other than a natural Person (or a holding company, investment vehicle or trust for, or owned and operated for the primary benefit of, a natural Person) or the Borrower or any of the Borrower’s Affiliates or Subsidiaries) (each, a “ Participant ”) in all or a portion of such Lender’s rights and/or obligations under this Agreement (including all or a portion of its Commitment and/or the Advances owing to it); provided that (i) such Lender’s obligations under this Agreement shall remain unchanged, (ii) such Lender shall remain solely responsible to the other parties hereto for the performance of such obligations, and (iii) the Borrower, the Agent and Lenders shall continue to deal solely and directly with such Lender in connection with such Lender’s rights and obligations under this Agreement. For the avoidance of doubt, each Lender shall be responsible for the indemnity under Section 7.05 with respect to any payments made by such Lender to its Participant(s).

assistant: Participations
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: through the platform , we ( booking.com b.v. and its affiliate ( distribution ) partners ) provide an online platform through which suppliers can advertise their products and service for reservation , and through which visitors of the platform can make such reservations ( i.e. the reservation service ) .

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: of the evidence that was erroneously admitted, it is impossible for us to say with any degree of confidence that the error did not substantially influence the jury’s decision. VI. For the foregoing reasons, Matthews’s convictions are REVERSED. 1 . Matthews belatedly sought to challenge the constitutionality of his sentence in light of Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004). Briefing in this case was completed before Blakely was decided, but a little more than four months before oral argument Matthews sought permission to file a supplemental brief challenging the constitutionality of his guideline sentence in light of Blakely. That motion was denied, as required by circuit precedent. See, e.g., United States v. Curtis, 380 F.3d 1308 (11th Cir.2004) (<HOLDING>). But see United States v. Levy, 391 F.3d 1327, Options: A. recognizing that we lack jurisdiction to consider issues not raised in the parties briefs B. holding that blakely did not apply to a case that was final but not on direct review when blakely was decided and in which the trial court later allowed a belated appeal C. holding blakely not retroactive D. holding that issues not clearly raised in initial briefs are considered abandoned E. holding that we will not permit supplemental briefs raising blakely claims that were not advanced in defendants preblakely initial briefs notwithstanding the fact that such claims were squarely foreclosed by circuit precedent prior to blakely

assistant: The best answer is E. holding that we will not permit supplemental briefs raising blakely claims that were not advanced in defendants preblakely initial briefs notwithstanding the fact that such claims were squarely foreclosed by circuit precedent prior to blakely
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: answer Neal’s question, Neal would likely have pleaded not guilty to two counts to which he in fact pleaded guilty. The Government argues that because Neal was given a 360-month sentence for each of the first four Counts, and those sentences were to run concurrently, his ultimate sentence was unaffected by the district court’s error. This argument confuses the sentencing-context and pleading-context standards for determining whether a defendant’s rights have been substantially affected. Compare Mudekunye, 646 F.3d at 289 (“A sentencing error affects a defendant’s substantial rights if he can show a reasonable probability that, but for the district court’s misapplication of the Guidelines, he would have received a lesser sentence.”) with Dominguez Benitez, 542 U.S. at 83, 124 S.Ct. 2333 (<HOLDING>). The distinction between the two contexts Options: A. holding that defendant must show reasonable probability that but for counsels errors the sentence would have been significantly less harsh B. holding that to show prejudice in a claim of ineffective assistance of appellate counsel the petitioner must show a reasonable probability that but for counsels errors the result of the proceeding would have been different C. holding that a defendant must show reasonable probability that but for the error he would not have entered the plea D. holding that party asserting plain error must show a reasonable probability that but for the error claimed the result of the proceeding would have been different E. holding that a defendant must demonstrate that he would not have pled guilty but for the error

assistant: The best answer is C. holding that a defendant must show reasonable probability that but for the error he would not have entered the plea
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: as follows: When a company sells or transfers its assets to another company, the successor company does not acquire the liabilities of the transferor’s assets, unless (1) The sale transaction is, in effect, a consolidation or merger. (2) The successor corporation is merely a continuation of the transferor corporation. (3) The transaction is fraudulently entered into in order to escape liability. Dawejko v. Jorgensen, 290 Pa.Super. 15, 434 A.2d 106, 107-108 (1981) ¶ 11 The agent’s statements to Mr. Scanlon that Vista was told to “change its name” to DCL because Vista was being “taken over” by DCL, considered with other evidence adduced at trial, provides the evidentiary foundation for the charges of these three exceptions. Lockhart v. List, 542 Pa. 141, 148, 665 A.2d 1176, 1179 (1995) (<HOLDING>). ¶ 12 For all of the foregoing reasons, I Options: A. holding that unless an erroneous instruction was unlikely to have changed the result of the trial a reviewing court cannot say that giving the instruction was harmless error B. holding that in reviewing a jury instruction this court must review the entire instruction and look at all the evidence on the record to determine whether there was error and whether that error prejudiced the complaining party C. holding that when no objection was made to jury instruction evidence to support finding based on instruction should be assessed in light of the instruction given D. holding that it was not error for the court to give a substantive new instruction to the jury after deliberations began where the instruction was given in court with the defendant and his counsel present E. holding that a court reviewing an informal adjudication must consider whether the decision was based on a consideration of the relevant factors and whether there has been a clear error of judgment

assistant: The best answer is B. holding that in reviewing a jury instruction this court must review the entire instruction and look at all the evidence on the record to determine whether there was error and whether that error prejudiced the complaining party
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: We agree. Subject to certain exceptions not applicable here, Rule 3.850(b) provides a two-year period for the filing of a motion for postconviction relief “after the judgment and sentence become final in a non-capital case.” A judgment and sentence become final for purposes of the rule “when any such direct review proceedings have concluded and jurisdiction to entertain a motion for post-conviction relief returns to the sentencing court.” Ward v. Dugger, 508 So.2d 778, 779 (Fla. 1st DCA 1987); see also Cardali v. State, opinion in Mullins’ direct appeal was accompanied by citations to authority, one of which was pending review in the Florida Supreme Court. Under these circumstances, the Florida Supreme Court retained jurisdiction. See Persaud v. State, 838 So.2d 529, 531-32 (Fla.2003) (<HOLDING>). The Florida Supreme Court ultimately decided Options: A. holding that this court does not have jurisdiction over plain tiffs claims because the court may review neither criminal matters nor the decisions of district courts B. holding that this court does not have jurisdiction over plaintiffs claims because the court may review neither criminal matters nor the decisions of district courts C. holding that this court does not review decisions of a district court not to depart downward unless the record reflects that the district court was not aware of or did not understand its discretion to make such a departure D. holding the district court did not have jurisdiction to review denial of adjustment of status where removal proceedings are pending E. holding that the court does not have jurisdiction to review per curiam decisions of the district courts of appeal that merely affirm with citations to cases not pending review in this court

assistant: The best answer is E. holding that the court does not have jurisdiction to review per curiam decisions of the district courts of appeal that merely affirm with citations to cases not pending review in this court
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Client (i) is a duly organized and validly existing corporation or partnership in good standing under the laws of the jurisdiction of its formation, (ii) has the corporate or partnership power and authority to own its property and assets and to transact the business in which it is engaged or presently proposes to engage and (iii) has duly qualified and is authorized to do business and is in good standing in every jurisdiction in which it owns or leases real property or in which the nature of its business requires it to be so qualified, except to the extent that any failure to be so qualified, authorized or in good standing does not have a reasonable likelihood of materially affecting the operations, properties, or business of Client.

assistant: Organizations