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 Case excerpt: bank with fewer than 20 employees that section 24, Fifth, has been impliedly repealed by the ADEA, reasoning that they are not in conflict inasmuch as the ADEA covers only employers with 20 or more employees; stating in dictum that, “arguably,” section 24, Fifth, has been impliedly repealed by the ADEA to the extent that they are, in fact, in conflict); compare Ana Leon T. v. Federal Reserve Bank of Chicago (6th Cir. 1987) 823 F.2d 928, 931 (per curiam) (dealing with section 4, Fifth, of the Federal Reserve Act, as amended, codified at section 341, Fifth, of title 12 of the United States Code, its common designation, which, in line with the model of section 2 , 809 P.2d at pages 1301-1303 (same); compare Moodie v. Federal Reserve Bank of New York, supra, 835 F.Supp. at pages 752-753 (<HOLDING>); Moodie v. Federal Reserve Bank of New York, Options: A. holding to the effect that section 24 fifth has been impliedly amended by title vii B. holding to the effect that section 1432a as impliedly amended by title vii preempts state law without limitation as to only conflicting state law C. holding outside of the context of title vii or the adea that section 24 fifth preempts state law to the extent but only to the extent that it conflicts D. holding to the effect that section 341 fifth as impliedly amended by title vii preempts state law to the extent but only to the extent that it conflicts E. holding outside of the context of title vii or the adea to the effect that section 341 fifth preempts conflicting state law

assistant: The best answer is D. holding to the effect that section 341 fifth as impliedly amended by title vii preempts state law to the extent but only to the extent that it conflicts
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 maintain in effect and enforce policies and procedures designed to ensure compliance by the Borrower, its Subsidiaries and their respective directors, officers, employees and agents with Anti-Corruption Laws, applicable AML Laws and applicable Sanctions.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: an underground pipe system, is a common usage. See also, Voelker v. Delmarva Power & Light Co., 727 F.Supp. 991 (D.Md.1989). Moreover, we have uncovered no case, in Maryland or any other jurisdiction, in which a natural gas utility company was held strictly liable for injuries based on the theory that the distribution of natural gas is an abnormally dangerous activity incapable of being carried out without significant risk. Many cases specifically hold to the contrary. See, e.g., Auriemme v. Bridgeport Gas Co., 21 Conn.Supp. 66, 144 A.2d 701 (Conn.Super.1958) (distinguishing natural gas distribution from the category of other activities, including natural gas storage that have been held inherently dangerous). See also Zamora v. Mobil Oil Co., 104 Wash.2d 199, 704 P.2d 584, 587 (1985) (<HOLDING>); New Meadows Holding Co. v. Washington Water Options: A. holding that gas line is not improvement B. holding that injury caused by criminal fleeing after stealing gas from gas station was not foreseeable result of stations policy of not requiring customers to prepay for gas C. holding that a cause of action on the theory of strict liability may be properly pled by alleging 1 the manufacturers relationship to the product in question 2 the unreasonably dangerous condition of the product and 3 the existence of a proximate causal connection between the condition of the product and the plaintiffs injury D. holding plaintiffs were properly enjoined from using excessive amounts of gas not contemplated by the free gas clause in the lease E. holding propane gas to be an inherently dangerous product

assistant: The best answer is E. holding propane gas to be an inherently dangerous product
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 any other provision of this Article IV , each Purchaser covenants that the Purchased Shares, Underlying Shares and Warrants may be disposed of only pursuant to an effective registration statement under, and in compliance with the requirements of, the Securities Act, or pursuant to an available exemption from, or in a transaction not subject to, the registration requirements of the Securities Act, and in compliance with any applicable state, federal or foreign securities Laws. In connection with any transfer of the Purchased Shares, Underlying Shares or Warrants other than (i) pursuant to an effective registration statement, (ii) to the Company or (iii) pursuant to Rule 144 (provided that the transferor provides the Company with reasonable assurances (in the form of a seller representation letter and, if applicable, a broker representation letter) that such securities may be sold pursuant to such rule), the Company may require the transferor thereof to provide to the Company and the Transfer Agent, at the transferor’s expense, an opinion of counsel selected by the transferor and reasonably acceptable to the Company and the Transfer Agent, the form and substance of which opinion shall be reasonably satisfactory to the Company and the Transfer Agent, to the effect that such transfer does not require registration of such Securities under the Securities Act. As a condition of transfer (other than pursuant to clauses (i), (ii) or (iii) of the preceding sentence), any such transferee shall agree in writing to be bound by the terms of this Agreement and shall have the rights of a Purchaser under this Agreement and the Registration Rights Agreement and Warrant Agreement, if applicable, with respect to such transferred Shares and Warrants.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: No Option may be granted during any period of suspension of the Plan or after termination of the Plan. The Plan shall be submitted for the approval of the Company’s stockholders within twelve (12) months after the date of the Board’s initial adoption of the Plan. Options may be granted prior to such stockholder approval; provided , however , that such Options shall not be exercisable prior to the time when the Plan is approved by the stockholders; provided , further that if such approval has not been obtained by the end of said twelve (12)-month period, all Options previously granted under the Plan shall thereupon terminate and be canceled and become null and void without being exercised.

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: Tenant waives any statutory rights of termination which may arise by reason of any Condemnation of the Leased Property but such waiver shall not affect any contractual rights granted to Tenant under this Article XV .

assistant: Waivers
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 Transferred Companies and the Subsidiaries are covered by valid policies of insurance with respect to their properties and business of the kinds and in amounts not less than are customarily obtained by companies of established reputation engaged in the same or similar business and similarly situated.

assistant: Insurances
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: violating the ADA, any more than an employer’s refusal in the past to construct a women’s restroom would justify a refusal to hire female employees. The ADA allows an employer to adjust the workplace environment on a case-by-case basis, adopting only those changes that are reasonably necessary to refrain from discriminating against the disabled individual or individuals in question. The ADA hardly broke new ground when it incorporated this type of affirmative duty. The Equal Protection Clause often requires states to take affirmative measures to eliminate or prevent discriminatory systems. For example, states with racially discriminatory reapportionment plans must redraw their congressional districts. See, e.g., Shaw v. Reno, 509 U.S. 630, 652, 113 S.Ct. 2816, 125 L.Ed.2d 511 (1993) (<HOLDING>). The logic of the University’s argument here Options: A. holding that lprs are entitled to the protection of the equal protection clause B. holding that the states reapportionment plan might violate the equal protection clause C. holding that the cap does not violate equal protection D. holding transfer rule did not violate federal equal protection E. holding that doctrine does not violate equal protection

assistant: The best answer is B. holding that the states reapportionment plan might violate the equal protection clause
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Schedule 5.11 to this Agreement lists each Subsidiary of the Company as of the First Amendment Effective Date and accurately sets forth for such Subsidiary the type of entity, its jurisdiction of organization, the holders of its Equity Interests, and whether as of such date such Subsidiary is a Significant Subsidiary and/or a Material Subsidiary.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each Party agrees that the unauthorized use or disclosure of any information by the Receiving Party in violation of this Agreement will cause severe and irreparable damage to the Disclosing Party. In the event of any violation of this ARTICLE 7, the Receiving Party agrees that the Disclosing Party shall be authorized and entitled to seek to obtain from any court of competent jurisdiction injunctive relief, whether preliminary or permanent, as well as any other relief permitted by Applicable Law. The Receiving Party agrees to waive any requirement that the Disclosing Party post bond as a condition for obtaining any such relief.

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

user: ListFusion will not use any 3rd party agents, vendors, or other providers to process the List without the written authorization by Raphael. ListFusion will not create, generate, distribute, or convey to any 3rd party a username or password without prior written authorization by Raphael.

assistant: No
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 386 U.S. 14 87 S.Ct. 847 17 L.Ed.2d 695 Alfred T. RUNDLE, Correctional Superintendentv.James Morris JOHNSON. No. 14. Supreme Court of the United States February 13, 1967 Frank P. Lawley, Jr., for petitioner. Leonard J. D. Myers, for respondent. On Petition for Writ of Certiorari to the United States Court of Appeals for the Third Circuit. PER CURIAM. 1 The motion of respondent for leave to proceed in forma pauperis and the petition for a writ of certiorari are granted. The judgment of the United States Court of Appeals for the Third Circuit is reversed, Spencer v. State of Texas, 385 U.S. 554, 87 S.Ct. 648, and the case is remanded to that court for consideration of the unresolved issues. 2 Mr. Justice DOUGLAS dissents from the reversal of the Court of Appeals in United States v. Rundle, 3 Cir., 349 F.2d 416, which affirmed United States v. Rundle, D.C., 243 F.Supp. 695, 700, where the District Court granted the petition for habeas corpus since the introduction of the accused's 'prior criminal record for obstructing a railroad was so fundamentally unfair as to deny him due process of law.'

assistant: 1
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: Marchal v. Webb, 859 S.W.2d 408, 412 (Tex.App.—Houston [1st Dist.] 1993, writ denied). Once the movant has established a right to summary judgment, the burden shifts to the nonmovant. Marchal, 859 S.W.2d at 412. The nonmov-ant must respond to the motion for summary judgment and present to the trial court any issues that would preclude summary judgment. City of Houston v. Clear Creek Basin Auth., 589 S.W.2d 671, 678 (Tex.1979); Marchal, 859 S.W.2d at 412. In reviewing the summary judgment, we must indulge every reasonable inference in favor of the nonmovant and resolve any doubts in its favor, and we will assume all the evidence favorable to the nonm tract principles. Vanguard Underwriters Ins. Co. v. Smith derwriting Ass’n., 73 A.D.2d 605, 422 N.Y.S.2d 123, 123 (N.Y.App.Div.1979) (<HOLDING>). Because we find Perrot-ta breached the terms Options: A. holding that an administrative agency is not subject to a contempt proceeding for failure to comply with an order B. holding the failure of the insureds to submit to an euo a condition precedent to sustaining a suit on the insurance policy required abatement of the suit C. holding that insureds failure to list his brother as a member of the household was a material misrepresentation that provided the insurance company with grounds to rescind the policy D. holding insureds failure to comply with notice provision in insurance policy resulted in no coverage for a newly acquired car E. holding insureds failure to comply with terms of policy requiring him to sign and return an euo was a material breach

assistant: The best answer is E. holding insureds failure to comply with terms of policy requiring him to sign and return an euo was a material breach
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Subject to compliance with the provisions of this Agreement (including Section 5.1(b)(iv) ), the Board shall have the right to cause the LLC to authorize, designate, issue or sell to any Person (including Unitholders and Affiliates) any additional Equity Securities (which for purposes of this Agreement shall be “ Additional Securities ”). Subject to the provisions of this Agreement, including Section 5.1(b)(iv) , the Board shall determine the terms and conditions governing the issuance of such Additional Securities, including the number and designation of such Additional Securities, the designations, preferences (with respect to distributions, liquidations, or otherwise) over any other Units and relative, participating, optional or other special rights, powers and duties, including rights, powers and duties senior or junior to, or pari passu with, any other Units, any required contributions in connection therewith and voting rights. Subject to Section 5.1(b)(iv) and Section 15.3 , the Board shall, in its sole discretion, be permitted to amend this Agreement in connection with the authorization, designation reservation or issuance of any Additional Securities. Any Person who acquires Units may be admitted to the LLC as a Unitholder pursuant to the terms of Section 11.2 hereof. If any Person acquires additional Units or other interests in the LLC or is admitted to the LLC as an Additional Unitholder, the LLC shall amend Schedule A to reflect such additional issuance and/or Unitholder, as the case may be.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: by law.” Id. Though amended Rule 98.02 would now allow Dykhouse, as County Counselor, to seek quo warranto in his own name, a relator in a quo warranto proceeding “must have that authority before he may proceed.” State ex rel. Schneider’s Credit Jewelers v. Brackman, 272 S.W.2d 289, 296 (Mo. banc 1954) (emphasis added). This is because the existence of a proper relator “is a jurisdictional requirement” in a quo warranto proceeding. State ex inf. Joyce-Hayes v. Twenty-Second Judicial Circuit, 864 S.W.2d 396, 399 (Mo. App. E.D. 1993). In other words, to invoke the jurisdiction of the circuit court to decide a quo warranto action, the relator filing the petition must have the authority to do so at the outset of the proceedings. See Lee v. Jamison, 338 S.W.3d 844, 846 (Mo. App. E.D. 2011) (<HOLDING>). Contrary to Dykhouse’s argument, the change Options: A. holding that the court lacked jurisdiction to consider the appeal because it was filed before the final order awarding attorneys fees B. holding that an effective notice of appeal must be filed for this court to have jurisdiction to hear the case C. holding that the lower court lacked jurisdiction to hear the case because it was filed without proper authority D. holding that this court lacked jurisdiction to hear a cue claim raised for the first time on appeal E. holding in pertinent part that this court lacked jurisdiction to hear the appeal

assistant: The best answer is C. holding that the lower court lacked jurisdiction to hear the case because it was filed without proper authority
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 consideration of your Employment with the Company, its promise to arbitrate all employment - related disputes, and your receipt of the compensation, pay raises and other benefits paid to you by the Company, at present and in the future, you agree that any and all controversies, claims, or disputes with anyone (including the Company and any employee, officer, director, shareholder or benefit plan of the Company in their capacity as such or otherwise) arising out of, relating to, or resulting from your Employment with the Company or termination thereof, including any breach of this Agreement, will be subject to binding arbitration.

assistant: 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: F.2d at 843. 27. In the instant case, SCC’s identical copying of Lexmark’s Toner Loading Programs went beyond that which was necessary for compatibility because SCC could have achieved a valid authentication sequence and a valid checksum operation without engaging in the verbatim copying of Lexmark’s Toner Loading Programs. 2. The Fair Use Exception does not Apply 28. SCC’s wholesale copying of Lexmark’s Toner Loading Programs does not constitute fair use. 29. The cases relied upon by SCC do “ 8 F.Supp. 1409, 1419-21 (S.D.Tex.1995) (issuing judgment for the plaintiff and permanent injunction and holding that the defendants’ verbatim copying of copyrighted “threshold values” was not fair use); Princeton Univ. Press v. Mich. Document Servs., 99 F.3d 1381, 1385-92 (6th Cir.1996) (en banc) (<HOLDING>). 30. The fair use doctrine requires the Options: A. holding that copying all or substantial portions of microcode was not fair use B. holding that substantial verbatim copying by a copy service of materials to be used in coursepacks for college students was not fair use C. holding that fair use is an affirmative defense D. holding that unauthorized use of faa supplemental type certificate was more than simple copying of intellectual property E. holding that nominative fair use is an affirmative defense to a prima facie case of likelihood of confusion similar to the fair use defense

assistant: The best answer is B. holding that substantial verbatim copying by a copy service of materials to be used in coursepacks for college students was not fair use
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: Id. The logic of the AEDPA is flatly inconsistent with such an approach. Mindful of these background principles, we turn to the SJC’s determination that the petitioner was not entitled to inquire along the line that he proposed. As we already have observed, cross-examination is subject to reasonable restrictions. One well-established basis for circumscribing cross-examination is a party’s inability to lay a proper evidentiary foundation for the questions that he wishes to pose. See, e.g., United States v. Ovalle-Marquez, 36 F.3d 212, 218-19 (1st Cir. 1994); United States v. Carty, 993 F.2d 1005, 1010 (1st Cir.1993). The SJC relied upon this principle to conclude that the petitioner’s Confrontation Clause claim lacked merit. See Bui I, 419 Mass, at 401, 645 N.E.2d at 694-95 (<HOLDING>). This brings us to the offer of proof. It Options: A. holding that an offer to donate cannot be an offer to sell B. holding that a formal offer of proof was not required to challenge an evidentiary ruling because the substance of excluded testimony was apparent from the context C. holding that defense counsels offer of proof was inadequate and that it was proper for the trial justice to preclude admission of contested evidence D. recognizing further that the offer of proof allows the aggrieved party to present a proper record for review on appeal and in the absence of such an offer error may not be preserved E. holding that the petitioners offer of proof was too tenuous to justify the desired inquiry

assistant: The best answer is E. holding that the petitioners offer of proof was too tenuous to justify the desired inquiry
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 agree that each of the provisions included in this Transition Agreement is separate, distinct and severable from the other provisions of this Transition Agreement and that the invalidity or unenforceability of any Agreement provision shall not affect the validity or enforceability of any other provision of this Transition Agreement. Further, if any provision of this Transition Agreement is ruled invalid or unenforceable by a court of competent jurisdiction because of a conflict between the provision and any applicable law or public policy, the provision shall be redrawn to make the provision consistent with, and valid and enforceable under, the law or public policy.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Unless otherwise determined by the Committee, if the Company is required to prepare a material negative accounting restatement due to the noncompliance of the Company with any financial reporting requirement under the securities laws [as a result of misconduct, and the Committee determines that (A) a Participant knowingly engaged in the misconduct, (B) was grossly negligent with respect to such misconduct, or (C) knowingly or grossly negligently failed to prevent the misconduct,] the Company may require the Participant to pay to the Company an amount (the “ Forfeiture Amount ”), as determined by the Committee in its sole and absolute discretion, up to the sum of (1) the Fair Market Value of any Shares held by the Participant as of the date that the Committee requires forfeiture that were acquired by the Participant pursuant to an Award during the three-year period following the first public filing of the financial document requiring restatement, (2) the excess, if any, of (x) the proceeds from the sale (including sales to the Company) of any Shares acquired by the Participant pursuant to an Award during the three-year period following the first public filing of the financial document requiring restatement, over (y) the amount, if any, paid by the Participant to purchase such Shares, and (3) any proceeds received by the Participant upon cash settlement of any Award during the three-year period following the first public filing of the financial document requiring restatement. The Forfeiture Amount shall be paid by the Participant within 30 days of receipt from the Company of written notice requiring payment by the Participant of the Forfeiture Amount.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: As of the Closing Date (after giving effect to the Transactions), no Loan Party has any Subsidiaries other than those specifically disclosed in Schedule 5.21 , and all of the outstanding Equity Interests owned by the Loan Parties (or a Subsidiary of any Loan Party) in such Subsidiaries have been validly issued and are fully paid and all Equity Interests owned by a Loan Party in such Subsidiaries (other than Immaterial Subsidiaries) are owned free and clear of all Liens except (i) those created under the Collateral Documents and (ii) any Lien that is permitted under Section 7.01 . As of the Closing Date, Sections IA and IIA of the Perfection Certificate (a) set forth the name and jurisdiction of each Domestic Subsidiary that is a Loan Party and (b) set forth the ownership interest of each Holding Company, each Borrower and any other Guarantor in each wholly owned Subsidiary (other than Immaterial Subsidiaries), including the percentage of such ownership.

assistant: Subsidiaries
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 reach a verdict regardless of any lack of guidance as to what conduct constituted a basis for guilt.” Appellant’s Brief at 12. However, Oatts does not challenge the trial court’s instructions regarding the elements of molestation as a Class C felony. We cannot say that the trial court’s answer to the jury’s question emphasized any particular instruction or that Oatts was prejudiced by the trial court’s answer. To the extent that Oatts argues that the jury should have been instructed on a different act for each of the three counts, we note that the trial court entered judgment only on the first count out of a concern for double jeopardy. Consequently, we cannot say that Oatts’s substantial rights have been prejudiced. See Williams v. State, 830 N.E.2d 107, 112 (Ind.Ct.App.2005) (<HOLDING>), trans. denied. For the foregoing reasons, we Options: A. holding that any error was harmless and thus not plain error B. holding that the plain error and harmless error standards of review merge in the ease of jury instructions because the duty to properly instruct the jury lies with the trial court C. 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 D. holding that the trial courts response that the instructions and verdict forms are your best guidance was essentially a denial of the jurys request for clarification and therefore harmless error and that the jury was not provided with any information under indcode 343616 E. holding trial courts error in overruling objection to prosecutors misstatement of law of intoxication that differed from definition in charge was harmless when there was evidence supporting the jurys verdict and it was presumed the jury followed the instructions in the charge

assistant: The best answer is D. holding that the trial courts response that the instructions and verdict forms are your best guidance was essentially a denial of the jurys request for clarification and therefore harmless error and that the jury was not provided with any information under indcode 343616
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 Participant agrees not to make any communication to any third party (including, without limitation, any client (including potential clients) or employee of the Company or its Subsidiaries) that would, or is reasonably likely to, disparage, create a negative impression of, or in any way be harmful to the business or business reputation of the Company or its Subsidiaries or their respective successors and assigns, and the then current and former officers, directors, shareholders, partners, members, employees, agents and consultants (or person acting in a similar capacity) of each of the foregoing.

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 case excerpt and choose the best holding from the options. Case excerpt: have been, effectively, a sentence of life without parole. Knowing this, Coe argues, the jury might have seen a life sentence as a more serious punishment, and therefore sufficient in lieu of a death sentence. The sole grounding of the district court’s rejection of this claim was that the claim was based on a “new rule” under Teague v. Lane, 489 U.S. 288, 109 S.Ct. 1060, 103 L.Ed.2d 334 (1989). We agree that Teague would foreclose this claim if the procedural bar did not, since Coe relies on a case, Simmons v. South Carolina, 512 U.S. 154, 114 S.Ct. 2187, 129 L.Ed.2d 133 (1994), that was decided well after Coe’s conviction became final in 1984, and was not sufficiently dictated by prior precedent. See O’Dell v. Netherland, 521 U.S. 151, 117 S.Ct. 1969, 1977-79, 138 L.Ed.2d 351 (1997) (<HOLDING>). Coe’s claim fails anyway. There is no reason Options: A. holding that retroactivity is assumed unless a new rule is announced B. holding that simmons announced a new rule and retrospective application of the rule was barred by teague C. holding that a decision to limit a new rule of criminal constitutional law to prospective application can be based on a balancing of the purpose of the new rule the reliance placed on the previous view of the law and the effect on the administration of justice of a retrospective application D. holding that apprendi announced a rule of criminal procedure forecloses argument that ring announced a substantive rule E. recognizing rule articulated in simmons

assistant: The best answer is B. holding that simmons announced a new rule and retrospective application of the rule was barred by teague
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 literal wording of 28 U.S.C. § 157(b)(2)(A), matters concerning the administration of the estate, because it involves a claim that arose out of the administrative activities of the debtor-in-possession.” Id. at 168 (citing In re L.A. Clarke & Son, Inc., supra at 32. The Court similarly concluded that the action “falls within the literal wording of 28 U.S.C. § 157(b)(2)(0) other proceedings affecting the liquidation of the assets of the estate because the claim arose out of the debtor’s efforts to liquidate estate assets.” Id. (citing In re Franklin Computer Corp., supra at 625-26). In making this determination, the First Circuit observed that the majority of courts considering similar post-petition claims have concluded that they are core. Id. See, e.g., In re Mansker, supra, (<HOLDING>); In re Clarke, supra, (holding an action to Options: A. holding an action to recover a postpetition account receivable to be core B. holding that a postpetition claim under section 1305 is a liability that arises postpetition and relates only to postpetition activity C. holding that a proceeding under section 547 is a core proceeding D. holding an action for postpetition breach of an agreement to purchase property to be a core proceeding E. holding consideration for covenant not to compete contained in purchase agreement for sale of business not tantamount to earnings from services performed postpetition

assistant: The best answer is D. holding an action for postpetition breach of an agreement to purchase property to be a core proceeding
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: v. Davis, 70 F.Supp.2d 448, 454 (D.Del.1999) ("[sjexual conduct between prison guards and inmates destabilizes the prison environment by compromising the control and authority of the guard over the inmate, compromising the inmate's health, security .and well-being and creating tensions and conflicts among the inmates themselves”). 8 . Sufficiently harmful is defined as departing from "the evolving standards of decency that mark the progress of a maturing society." Trop v. Dulles, 356 U.S. 86, 78 S.Ct. 590, 2 L.Ed.2d 630 (1958). 9 .The Court notes that in an abnormal case, other courts' decisional law may clearly establish a principle of law, but these "decisions must both point unmistakably to the unconstitutionality of the conduct complained of and be so clearly fore 0th Cir.1995) (<HOLDING>). 14 .See also Doe v. Rains County Indep. Sch. Options: A. holding that the initial inquiry for a court called upon to rule upon the qualified immunity issue is whether the facts alleged show the violation of a constitutional right B. holding that the court evaluating a claim of qualified immunity must first determine whether the plaintiff states a claim of a constitutional violation at all and then must determine whether the claimed right was clearly established before proceeding to the qualified immunity question C. holding that plaintiffs complaint stated a claim for a constitutional deprivation but that the contours of the right at issue were not clearly established and that official was therefore entitled to qualified immunity D. holding that the question of qualified immunity dovetails with the substantial inquiry in a 1983 action in that both depend on the specific contours of the constitutional right at issue E. holding that in determining whether a state officer is entitled to qualified immunity for 1983 purposes courts may not consider whether the constitutional right was clearly established before determining first that a constitutional right was violated

assistant: The best answer is D. holding that the question of qualified immunity dovetails with the substantial inquiry in a 1983 action in that both depend on the specific contours of the constitutional right at issue
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: U.S. 27, 43, 107 S.Ct. 2225, 96 L.Ed.2d 22 (1987), the critical issue in assessing the suecessorship question “is whether there exists a substantial continuity of identi[t]y of the work force,” Local 348-S v. Meridian Mgmt. Corp., 583 F.3d 65, 74 (2d Cir.2009) (citation and internal quotation marks omitted); see Fall River, 482 U.S. at 46 & n. 12, 107 S.Ct. 2225 (noting that the “ ‘triggering’ fact” for determining whether a new company is the successor to the old is an overlap in the firms’ work forces); Howard Johnson, 417 U.S. at 263, 94 S.Ct. 2236 (noting that a “continuity of identity in the business enterprise necessarily includes ... a substantial continuity in the identity of the work force across the change in ownership”) (emphasis added); Wiley, 376 U.S. at 551, 84 S.Ct. 909 (<HOLDING>). Here, it is undisputed that only four out of Options: A. holding that a dispute arising out of an insurance policy was not covered by the arbitration provision in the parties separate premium payment agreement because if the party had intended to subject this dispute to the arbitration provision it could easily clearly and unequivocally have done so either by including an arbitration provision in the insurance policy itself or by adding to the above arbitration provision B. holding successor bound by contract of predecessor when successor accepted benefits of agreement C. holding that employees who continued at a comparable job with a successor company had not been permanently terminated or laid off by the company due to lack of work D. holding that an addendum to the cba was integral to it and therefore subject to the arbitration clause E. holding that a successor was bound by an arbitration provision contained in a preexisting cba where the predecessor merged into the successor resulting in a wholesale transfer of the predecessors employees

assistant: The best answer is E. holding that a successor was bound by an arbitration provision contained in a preexisting cba where the predecessor merged into the successor resulting in a wholesale transfer of the predecessors 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: Young, 689 F.3d 941, 946 (8th Cir.2012) (quotation and citation omitted). The guns were found inside Garcia’s laundry room. Part of the conspiracy unquestionably took place in Garcia’s home. ATF Agent Syverson testified many of Garcia’s drug sales took place inside his home. See United States v. Martinez, 557 F.3d 597, 600 (8th Cir.2009) (concluding witness testimony may provide a sufficient basis for a district court to apply the § 2Dl.l(b)(l) enhancement). Garcia offers no evidence the May 20, 2010 drug sale between him and Pentz took place elsewhere. Even if the transaction did take place elsewhere on the property, we have not required both the weapon and drug activity to be located within the home to find the two are connected. United States v. Betz, 82 F.3d 205, 211 (8th Cir.1996) (<HOLDING>). Indeed, we have found a nexus where the Options: A. holding evidence insufficient for conviction of possession of marijuana amphetamines and barbiturates when those drugs were not found on the person of or in the same room as the defendant but were only found on other people on the premises B. holding enhancement applicable where the record supported conclusion that drugs were stored and cut in the same location as the guns even though a search of the location yielded no drugs C. holding evidence insufficient for conviction for possession of controlled dangerous substances when the drugs were not found on the person of or in the same room as the defendant but were only found on other persons on the premises D. holding the district court did not clearly err in applying the enhancement where guns were found on the same premises from which the defendant trafficked drugs and were readily accessible to the defendant E. holding that evidence of the defendants connection to the guns suggests possession of the drugs found next to the guns

assistant: The best answer is D. holding the district court did not clearly err in applying the enhancement where guns were found on the same premises from which the defendant trafficked drugs and were readily accessible to the defendant
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: [Boulton] was under the supervision of Mr. Robert Gordon. Mr. Gordon’s supervision of [Boulton] ended with [Boultonj’s transfer to [another division of IIE] in 1997.” The allegedly discriminatory acts which Boulton attributed to Gordon’s hostility toward gays included assignment to an undesirable office, denial of support and credit for his work, unfair evaluation of his performance, removal from a project implementation team that traveled to Cairo, indifference when Boulton’s relationship with his immediate supervisor deteriorated, and, ultimately, transfer out of Gordon’s division in April 1997 in lieu of being fired. 8 . Boulton did not assert a hostile work environment claim against IIE. Cf. Nat'l R.R. Passenger Corp. v. Morgan, 536 U.S. 101, 122 S.Ct. 2061, 153 L.Ed.2d 106, (2002) (<HOLDING>). In contrast to a hostile work environment, Options: A. holding that a plaintiff alleging a hostile work environment claim under title vii may seek damages for all behavior contributing to a hostile work environment claim including behavior allegedly occurring outside the limitations period provided that an act contributing to the claim occurs within the filing period B. holding that an individual could recover for acts occurring outside the statutory time period if at least one act occurred within the time period and the acts were part of the same hostile work environment C. holding that title vii of the civil rights act of 1964 provides the exclusive remedy for claims of employment discrimination by federal agencies D. holding that under title vii of the civil rights act of 1964 a charge alleging a hostile work environment will not be time barred if all acts constituting the claim are part of the same unlawful practice and at least one act falls within the filing period E. holding that physician was an independent contractor and thus could not sue hospital under title vii of the civil rights act of 1964

assistant: The best answer is D. holding that under title vii of the civil rights act of 1964 a charge alleging a hostile work environment will not be time barred if all acts constituting the claim are part of the same unlawful practice and at least one act falls within the filing period
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: Happ v. State, 958 S.W.2d 474, 475 (Tex.App.—Fort Worth 1997, no pet.). Conclusion Appellant’s general notice of appeal fails to confer jurisdiction on this court, and his attempt to raise by this appeal complaints relating to his original deferred adjudication proceeding is untimely. We, therefore, must dismiss the appeal for want of jurisdiction. 1 . We further informed appellant that we were concerned about our jurisdiction in this case because under article 42.J 2, section 5(b) of the Texas Code of Criminal Procedure, no appeal may be taken from the trial court's decision to proceed to an adjudication of guilt. TexCode Crim. Proc. Ann. art. 42.12, § 5(b) (Vernon Supp.2001). 2 . Tex.R.App. P. 25.2; Salgado v. State, 36 S.W.3d 911, 912 (Tex.App.—Houston [1st Dist.] 2001, no pet. h.) (<HOLDING>); Hulshouser v. State, 967 S.W.2d 866, 868 Options: A. holding that requirements of rule 252 apply to notice of appeal in deferred adjudication proceeding B. holding that the plaintiffs motion for extension of time to file appeal qualified as a notice of appeal because it met the requirements of rule 4 of the federal rules of appellate procedure C. holding that the requirements of rule 3700 apply to resentencing D. holding that identification of appellant in notice of appeal is a jurisdictional requirement and that the failure to name a party in a notice to appeal constitutes a failure of that party to appeal E. holding that a notice of appeal filed in an adversary proceeding could not appeal the main proceeding

assistant: The best answer is A. holding that requirements of rule 252 apply to notice of appeal in deferred adjudication proceeding
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: During the Restricted Period Seller shall, and shall cause its stockholders (including David Hausmann) and Representatives to maintain (other than in connection with performing obligations pursuant to the Lease or the Employment Agreement, as applicable), maintain the confidentiality of, and not use, Confidential Information relating to the Business or the Purchased Assets, except: (i) as may be required by applicable Law or to comply with the regulations or listing requirements of any applicable exchange; (ii) if the information in question has become publicly available through no fault of Seller, its stockholders or its Representatives; or (iii) Buyer has given its prior written approval to the disclosure; provided , that any disclosure shall, so far as is practicable, be made only after consultation with Buyer.

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: Debtor hereby waives the following rights if an Event of Default occurs that is continuing and is not cured by Debtor or waived by Lender,: (i) all rights, remedies and benefits under California Civil Code Sections 1479 and 2822(a); and (ii) all rights to require marshalling of assets or liens or all rights to require Lender to exercise any other right or power or to pursue any other remedy which Lender may have, in each case as they directly apply to the Collateral.

assistant: Waivers
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 any examination made for or on behalf of any of the parties hereto, all representations and warranties contained in this Agreement or in any document delivered pursuant hereto shall be deemed to be material and to have been relied upon by the parties hereto, and shall survive the Closing and shall be fully effective and enforceable for a period of twenty-four (24) months following the Closing Date (unless a different period is specifically assigned thereto in this Agreement), but shall thereafter be of no further force or effect, except as they relate to claims for indemnification timely made pursuant to this IX ; Indemnification .

assistant: Survival