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: to 121 months’ imprisonment. Familiarity with the factual and procedural history of this case is assumed. On appeal, Salazar argues that the District Court erroneously found that he did not qualify for a minor role adjustment pursuant to U.S.S.G. § 3B1.2. We review for clear error a sentencing court’s finding that a defendant did not play a minor role in an offense. United States v. Brunshtein, 344 F.3d 91, 102 (2d Cir.2003); United States v. Castano, 234 F.3d 111, 113 (2d Cir.2000). We find no such error with the District Court’s determination that Salazar was not a minor participant. Salazar transported narcotics or narcotics proceeds between Nicaragua and the United States on ten separate occasions over a sixteen-month period. See United States v. Shonubi, 998 F.2d 84 (2d Cir.1993) (<HOLDING>). In addition to handling large quantities of Options: A. holding that a courier who regularly engaged in drug smuggling by taking eight trips to nigeria over a fifteenmonth period was properly denied a minor role reduction B. holding that reasonable suspicion justified abdominal xray of suspected drug courier C. holding that despite differences in method evidence of subsequent drug smuggling could be admitted to show prior knowledge and intent D. holding that unknowing drug courier testimony was admissible in a complex drug importation case E. holding that evidence of defendants recruitment of single drug courier was sufficient to support section 3b11c enhancement

assistant: The best answer is A. holding that a courier who regularly engaged in drug smuggling by taking eight trips to nigeria over a fifteenmonth period was properly denied a minor role reduction
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company shall use the net proceeds from the sale of the Notes pursuant to the Subscription Agreements for working capital purposes, including the payment of bank debt and payment of trade payables, and shall not use such proceeds: (a) for the redemption of any Common Stock or Common Stock Equivalents, (b) for the settlement of any outstanding litigation or (c) in violation of FCPA or OFAC regulations .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The parties to this Agreement shall have all remedies available at law, in equity or otherwise in the event of any breach or violation of this Agreement or any default hereunder. The parties acknowledge and agree that in the event of any breach of this Agreement, in addition to any other remedies that may be available, each of the parties hereto shall be entitled to specific performance of the obligations of the other parties hereto and, in addition, to such other equitable remedies (including preliminary or temporary relief) as may be appropriate in the circumstances. No delay of or omission in the exercise of any right, power or remedy accruing to any party as a result of any breach or default by any other party under this Agreement shall impair any such right, power or remedy, nor shall it be construed as a waiver of or acquiescence in any such breach or default, or of any similar breach or default occurring later; nor shall any such delay, omission nor waiver of any single breach or default be deemed a waiver of any other breach or default occurring before or after that waiver.

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: Read the legal provision and list the applicable contract clause categories. Provision: Except with respect to the material terms and conditions of the transactions contemplated by the Transaction Documents, the Company confirms that neither it nor any other Person acting on its behalf has provided any of the Purchasers or their agents or counsel with any information that it believes constitutes or might constitute material, non-public information which is not otherwise disclosed in the Prospectus Supplement. The Company understands and confirms that the Purchasers will rely on the foregoing representation in effecting transactions in securities of the Company. All of the disclosure furnished by or on behalf of the Company to the Purchasers regarding the Company and its Subsidiaries, their respective businesses and the transactions contemplated hereby, including the Disclosure Schedules to this Agreement, is true and correct and does not contain any untrue statement of a material fact or omit to state any material fact necessary in order to make the statements made therein, in the light of the circumstances under which they were made, not misleading. The press releases disseminated by the Company during the twelve months preceding the date of this Agreement taken as a whole, and in light of the disclosure in the SEC Reports, do not contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary in order to make the statements therein, in the light of the circumstances under which they were made and when made, not misleading. The Company acknowledges and agrees that no Purchaser makes or has made any representations or warranties with respect to the transactions contemplated hereby other than those specifically set forth in Section 3.2 hereof.

assistant: Disclosures
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: Inc., 412 F.3d at 385. SPI contends that ELIT is a coined term without any English meaning and that the ELIT Marks are thus fanciful and entitled to maximum protection under the Lanham Act. But a coined term is not a “fanciful” one merely because it cannot be found in Webster’s Third. To the contrary, “[a] slight misspelling of a word will not generally turn a descriptive word into a nondescriptive mark.” 2 J. Thomas McCarthy, McCarthy on Trademarks and Unfair Competition '§ 11:31 (4th ed.). “If the misspelling is so phonetically identical to the original descriptive term that buyers will recognize it as descriptive, then the misspelled mark is still ’descriptive.’ ” Id.; see also Standard Paint Co. v. Trinidad Asphalt Mfg. Co., 220 U.S. 446, 455, 31 S.Ct. 456, 55 L.Ed. 536 (1911) (<HOLDING>). Thus, “C-Thru” has been held descriptive in Options: A. holding that the continued use of licensed trademark after termination of franchise agreement constituted trademark infringement and breach of contract B. holding that proof of unauthorized use of an original trademark by one whose license to use the trademark had been terminated is sufficient to establish the likelihood of confusion prong C. holding that the defendants reference to the plaintiffs trademark in the metatags of the defendants web page was a violation of trademark law D. holding that a trademark in ruberoid a misspelling of rubberoid was descriptive and did not become arbitrary by being misspelled E. holding that irreparable injury exists in a trademark case when the party seeking the injunction shows that it will lose control over the reputation of its trademark pending trial

assistant: The best answer is D. holding that a trademark in ruberoid a misspelling of rubberoid was descriptive and did not become arbitrary by being misspelled
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: and Croneiser, leading to the false arrest of Mr. Hogan and the ensuing abuse of process. See Suppl. Compl. ¶¶ 83-93. “[T]o prevail on a claim against a municipality under Section 1983 based on acts of a public official, a plaintiff is required to prove: (1) actions taken under color of law; (2) deprivation of a constitutional or statutory right; (3) causation; (4) damages; and (5) that an official policy of the municipality caused the constitutional injury.” Roe v. City of Waterbury, 542 F.3d 31, 36 (2d Cir.2008). Because the Court grants the Lewis County Defendants’ Motion for summary judgment against the individual Lewis County Defendants on the § 1983 false arrest and abuse-of-process claims, Plaintiffs have no basis to assert municipal liability. See Escalera, 361 F.3d at 749 (<HOLDING>). Therefore, the Court grants the Lewis County Options: A. holding that the defendants were entitled to qualified immunity where the plaintiff failed to demonstrate that speech was public concern B. holding county clerk sued in official capacity was entitled to the immunity the county enjoyed C. holding that suit against county sheriff in his official capacity was suit against county D. holding that a county was entitled to summary judgment where the claims against the individual defendants had failed E. holding summary judgment appropriate where plaintiff failed to establish product identification

assistant: The best answer is D. holding that a county was entitled to summary judgment where the claims against the individual defendants had failed
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: court held that these facts demonstrated that Lloyds “purposefully availed” itself of the privilege of acting in Tennessee, the cause of action arose from Lloyds’ activities within the state, and the acts had a substantial connection with Tennessee. 1. Purposeful Availment Purposeful availment is essential to a finding of personal jurisdiction. Calphalon, 228 F.3d at 721. Purposeful availment exists where the defendant’s contacts with the forum state “proximately result from actions by the defendant himself that create a ‘substantial connection’ with the forum state.” Burger King Corp. v. Rudzewicz, 471 U.S. 462, 475, 105 S.Ct. 2174, 85 L.Ed.2d 528 (1985). It protects a defendant from being haled into a jurisdiction for random, fortuitous, or attenuated c , 1265-66 (6th Cir.1996) (<HOLDING>). Further, all of Lloyds’ communications were Options: A. recognizing that the ohio longarm statute does not extend to the limits of due process and focusing the inquiry on whether defendant established sufficient business contacts with ohio B. holding personal jurisdiction did not exist over the londonbased international amateur athletic federation iaaf despite the fact that its member organization in the usa had minimum contacts with ohio where the plaintiffs contract claim did not arise out of iaafs contacts with ohio C. holding that standing alone defendants 4 million in sales in the forum state over a sevenyear period may not have been sufficient to support the exercise of general jurisdiction but that the numerous other contacts with the forum in the case including advertising relationships with dealers and more than 150 visits tipped the balance and led the court to conclude that there were sufficient contacts to allow the exercise of general jurisdiction D. holding that the defendants contacts with ohio were sufficient to support the exercise of jurisdiction where defendant consciously reached out from texas to ohio to subscribe to compuserve and sold his software over compuserves ohiobased system E. holding that a maryland court could not exercise jurisdiction over an ohio lawyer when a maryland client initiated five of seven contacts with the lawyer the parties created the attorneyclient relationship in ohio and the attorneyclient relationship involved only events in and the law of ohio

assistant: The best answer is D. holding that the defendants contacts with ohio were sufficient to support the exercise of jurisdiction where defendant consciously reached out from texas to ohio to subscribe to compuserve and sold his software over compuserves ohiobased system
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: intent of exercising dominion and control over the person. See DeShaney 489 U.S. at 200, 109 S.Ct. 998 (explaining the State’s affirmative duty to protect arises from the limitation it imposes on the freedom to act); see also id. at 206, 109 S.Ct. 998 (Brennan J., dissenting) (“[T]o the Court, the only fact that seems to count as an ‘affirmative act of restraining an individual’s freedom to act on his own behalf is direct physical control.”). The complaint’s allegations do not satisfy this demanding standard. Apart from the fact that the complaint does not allege the special relationship upon which the custody inquiry depends, Defendants did not restrain decedent’s liberty or freedom to act through a show of force or authority. See Ye v. United States, 484 F.3d 634, 641 (3d Cir.2007) (<HOLDING>). Defendants did not force decedent against his Options: A. holding that a doctors report that merely repeats a patients assertions about her level of pain and ability to sleep stand and walk is not objective medical evidence B. holding that period of limitations on a patients negligence cause of action began to run when the patient knew or had reason to know about the foreign object left in her body C. holding that doctors do not have to accept patients D. holding a doctors assurances that his patient had nothing to worry about and was fine did not constitute a restraint of liberty regardless of the patients reliance on those assurances to forego medical assistance E. holding that a patients settlement of a prior action brought against him by doctors for payment of a bill did not bar medical malpractice action against doctors

assistant: The best answer is D. holding a doctors assurances that his patient had nothing to worry about and was fine did not constitute a restraint of liberty regardless of the patients reliance on those assurances to forego medical assistance
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: it lacked fair notice of this claim. While we are limited to reviewing the issues enumerated in a COA, McKay v. United States, 657 F.3d 1190, 1195 (11th Cir. 2011), we conclude on this record that the COA the district court granted incorporates the claim that Coon was sentenced above the statutory maximum in light of Johnson. 2 . When we considered Coon’s appeal the first time, the government argued that Coon had procedurally defaulted on his ACCA claim. However, on remand, the government expressly concedes that it has waived all of the procedural defenses it asserted before us and the district court, Thus, our ruling that Coon procedurally defaulted on his ACCA claim no longer stands, and we address its merits. Bryant v. Warden, FCC Coleman-Medium, 738 F.3d 1253, 1261 (11th Cir. 2013) Options: A. holding that an argument not raised before the district court is procedurally defaulted B. holding that default termination is government claim C. holding that we cannot avoid ruling on a claim a petitioner has procedurally defaulted if the government has waived the procedural default defense for that claim D. holding that when the last state court to consider the claim summarily denies relief we look to the last state court to address the claim to determine if it considered the claim procedurally defaulted E. holding that the convention claim was procedurally defaulted

assistant: The best answer is C. holding that we cannot avoid ruling on a claim a petitioner has procedurally defaulted if the government has waived the procedural default defense for that claim
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company shall pay the Executive an annual rate of base salary of $150,000 in periodic installments in accordance with the Company’s customary payroll practices and applicable wage payment laws, but no less frequently than monthly, except that, (i) the Executive’s Base Salary will increase from $150,000 to $250,000, effective upon the Company’s achievement of $100,000 in gross monthly revenue for three consecutive months, (ii) the Executive’s Base Salary will increase to $350,000 upon the Company achieving $2,500,000 in gross revenue in any one year period commencing on the Effective Date, and (iii) effective upon the Company’s receipt of an aggregate of $10,000,000 in cumulative gross revenue during the Initial Term and any Renewal Term, the Base Salary will increase to $500,000 . Executive’s Base Salary may not be decreased during the Initial term or any Renewal Term. The Executive’s annual base salary, as in effect from time to time, is hereinafter referred to as “ Base Salary ”.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Subject to the provisions of Section 2.08(b), (i) each Eurodollar Rate Loan under a Facility shall bear interest on the outstanding principal amount thereof for each Interest Period from the applicable borrowing date at a rate per annum equal to the Eurodollar Rate for such Interest Period plus the Applicable Rate for such Facility; (ii) each Base Rate Loan under a Facility shall bear interest on the outstanding principal amount thereof from the applicable borrowing date at a rate per annum equal to the Base Rate plus the Applicable Rate for such Facility; and (iv) each Swingline Loan shall bear interest on the outstanding principal amount thereof from the applicable borrowing date at a rate per annum equal to the Base Rate plus the Applicable Rate for the Revolving Facility. To the extent that any calculation of interest or any fee required to be paid under this Agreement shall be based on (or result in) a calculation that is less than zero, such calculation shall be deemed zero for purposes of this Agreement.

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 legal provision and list the applicable contract clause categories. Provision: Any dispute relating to this Agreement shall be brought in the state or federal courts in Maricopa County, Arizona. By execution and delivery of this Agreement, with respect to such disputes, each of the parties knowingly, voluntarily and irrevocably to the exclusive jurisdiction of these courts.

assistant: Jurisdictions
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: confined in a jail, prison, or other correctional facility, for, mental or emotional injury suffered while in custody without a prior showing of physical injury or the commission of a sexual act.” 42 U.S.C. § 1997e(e) (emphasis added). Defendants argue that the statute’s prohibition applies here, even though the Plaintiffs were no longer incarcerated at the time they filed the suit. Plaintiffs argue that the limitation only applies to plaintiffs who are incarcerated at the time the action is commenced and thus does not affect this action. The Second Circuit has not addressed this question and district courts in the Circuit have reached divergent conclusions. Compare, e.g., In re Nassau Cnty. Strip Search Cases, 99-CV-2844, 2010 WL 3781563, at *7 (E.D.N.Y. Sept. 22, 2010) (Hurley, J.) (<HOLDING>) with Cox v. Malone, 199 F.Supp.2d 135, 140 Options: A. holding that the plra only applies to plaintiffs who are incarcerated at the time an action is commenced B. holding that the only alleged discrimination occurred and the filing limitations periods therefore commenced at the time the adverse employment action was made and communicated to the plaintiff C. holding that 42 usc 1997edls attorney fee cap only applies to prisoners still incarcerated at the time of their cases resolution D. holding that the plra bar applies to lawsuits brought by inmates regardless of whether the inmate is incarcerated at the time of filing or whether the plaintiff is subsequently paroled sentenced or released E. holding that the fourteenth amendment only applies to state action

assistant: The best answer is A. holding that the plra only applies to plaintiffs who are incarcerated at the time an action is commenced
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 closing of the transactions contemplated by this Agreement (the “ Closing ”) shall occur on the Closing Date at such location as may be agreed to by the parties (including via exchange of electronic signatures). On the Closing Date, the Company shall issue the Warrant to the Buyer.

assistant: Closings
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: preemptive force. As a matter of law, ERISA completely preempts state law claims that "relate to any employee benefit plan." 29 U.S.C. § 1144(a). The term "relate to" is given broad meaning under ERISA. Metro. Life Ins. Co. v. Massachusetts, 471 U.S. 724, 732, 105 S.Ct. 2380, 85 L.Ed.2d 728 (1985); see also Briscoe v. Fine, 444 F.3d 478, 497 (6th Cir.2006) (noting that the Sixth Circuit applies ERISA preemption very broadly). Thus "[a] law `relates to’ an employee benefit plan ... if it has a connection with or reference to such a plan." Shaw v. Delta Air Lines, Inc., 463 U.S. 85, 86-87, 103 S.Ct. 2890, 77 L.Ed.2d 490 (1983). "[O]nly those state laws and state law claims whose effect on employee benefit plans is merely tenuous, remote o S. 41, 48, 107 S.Ct. 1549, 95 L.Ed.2d 39 (1987) (<HOLDING>). Here, the breach of contract claim relates Options: A. holding that the plaintiffs state common law causes of actions for breach of contract and breach of the duty of good faith and fair dealing as well as a statutory cause of action for unfair insurance practices under the california insurance code were preempted by erisa B. holding plaintiffs causes of action for breach of contract breach of the duty of good faith and fair dealing intentional infliction of emotional distress and violations of the arizona insurance code were preempted by erisa C. holding that erisa preempted plaintiffs commonlaw causes of action including tortious breach of contract breach of fiduciary duties and fraud in the inducement that arose from a denial of benefits under the insurance contract D. recognizing that the elements of a claim for breach of contract are 1 existence of a valid contract and 2 breach of the terms of that contract E. holding that a cause of action for breach of contract accrues at the time of the breach

assistant: The best answer is C. holding that erisa preempted plaintiffs commonlaw causes of action including tortious breach of contract breach of fiduciary duties and fraud in the inducement that arose from a denial of benefits under the insurance contract
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: Investors, 157 Ga. App. 879, 881 (278 SE2d 750) (1981); Nuclear Assurance Corp. v. Dames & Moore, 137 Ga. App. 688 (225 SE2d 97) (1976). In the present case, Brunson’s testimony would support a finding that, beginning in May of 1985, the parties were operating under an express understanding that compensation for all sales made subsequent to February of 1985, would be based on the commission schedules. While this understanding was obviously not definite and certain as to all details, a jury might reasonably determine that it was sufficiently definite and certain as to its essential elements to constitute an enforceable agree ment. Accord McMurray v. Bateman, 221 Ga. 240, 252-253 (144 SE2d 345) (1965). Compare Medlin v. Globe Continental Corp., 171 Ga. App. 103 (318 SE2d 807) (1984) (<HOLDING>). Consequently, we hold that the trial court Options: A. holding that an employers promise to pay a bonus to an employee was not enforceable where the employee was already obligated under a written contract to perform the services in question B. holding that a bonus calculated based on a percentage of the companys profits was a wage under colorados wagepenalty statute because the bonus was vested and determinable as of the date of termination was disproportionately large in comparison to the employees salary and was owed as compensation for services performed by the employee C. holding that a former employee was not entitled to recover a yearend bonus from his former employer where no definite sum of money or percentage of profits was promised and where the employee left the company before the end of the fiscal year in question D. holding that noncompete lacking geographic restriction was enforceable because the former employer sought only to prevent the employee from soliciting customers she dealt with while at the former employer E. holding that employee who resigned left voluntarily where employer accepted resignation told employee not to come to work anymore and paid employee through end of notice period

assistant: The best answer is C. holding that a former employee was not entitled to recover a yearend bonus from his former employer where no definite sum of money or percentage of profits was promised and where the employee left the company before the end of the fiscal year in question
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: illegal presence.” Clarke, 312 F.3d at 1347. In Clarke, we noted that our approach was consistent with “[sjeveral of our sister circuits [which] have elaborated that for a defendant to be ‘found,’ the government must either know or, with the ‘exercise of diligence typical of law enforcement authorities,’ could have discovered the illegality of the defendant’s presence.” Id. at 1346-47 (citing United States v. Herrera-Ordones, 190 F.3d 504, 510-11 (7th Cir.1999); United States v. Bencomo Castillo, 176 F.3d 1300, 1303 (10th Cir.1999); United States v. Santana-Castellano, 74 F.3d 593, 598 (5th Cir.1996); United States v en arrested under an alias and not discovered to be prior deportee until more than one year later was not “found” at time of his arrest); but see Gomez, 38 F.3d at 1037 (<HOLDING>). On this record, we cannot say the district Options: A. holding that defendant could be charged for making false statements to treasury officials under the tax evasion statute or the statute prohibiting false statements to government officials B. holding that evidence of the same name the fact that the previous conviction occurred in precinct of defendants residence and that although the defendant testified he did not deny that he was the person described in the record of the previous conviction was sufficient to establish identity C. holding that a cause of action for illegal arrest and false imprisonment accrued at the time plaintiff was released from his alleged illegal restraint and not when the proceedings by which his arrest occurred terminated D. holding that ins officials did not exercise sufficient diligence in ascertaining the defendants illegal status when although the defendant provided a false name ins had his fingerprints E. holding the trial court properly denied defendants motion for judgment of acquittal although defendant offered evidence as to how his fingerprints were placed on a candy box found at the scene of the crime

assistant: The best answer is D. holding that ins officials did not exercise sufficient diligence in ascertaining the defendants illegal status when although the defendant provided a false name ins had his fingerprints
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: (2) demonstrate a lack of prejudice to the defendants in gathering evidence for the second claim; and (3) evince good faith and reasonable conduct in filing the second claim. Daviton v. Columbia/HCA Healthcare Corp., 241 F.3d 1131, 1137-38 (9th Cir.2001) (en banc). Without making the three-part inquiry we approved in Daviton, the district court held that “Plaintiffs administrative claim is therefore of no aid to him with respect to alleged equitable tolling, because it concerned wrongs other than the one he now seeks to address.” But this is precisely the type of “threshold” inquiry we disapproved of when we “reject[ed] Fobbs’ [v. Holy Cross Health Sys. Corp., 29 F.3d 1439 (9th Cir.1994) ] suggestion to the contrary.” Daviton, 241 F.3d at 1141. See also Cervantes, 5 F.3d at 1275-76 (<HOLDING>). Tene’s administrative claim identified the Options: A. holding that equitable tolling principles apply to suits against the united states in the same manner as they apply to private parties B. holding that we lacked jurisdiction to review the veterans courts determination that equitable tolling did not apply in the case before it C. holding that the 120day filing period is subject to equitable tolling and addressing circumstances warranting equitable tolling D. holding that equitable principles apply to child support proceedings E. holding that it was error to dismiss after a threshold inquiry that equitable tolling did not apply as a matter of law because the prior administrative and state court proceedings were not substantially similar to this action

assistant: The best answer is E. holding that it was error to dismiss after a threshold inquiry that equitable tolling did not apply as a matter of law because the prior administrative and state court proceedings were not substantially similar to this action
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 notice or other communication to be given under or in connection with this Agreement or the Plan shall be given in writing and shall be deemed effectively given on receipt or, in the case of notices from the Company to you, five days after deposit in the United States mail, postage prepaid, addressed to you at the address on file with the Company or at such other address as you may hereafter designate by notice to the Company.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Provided the Designated Employee’s Release and Covenant as set forth in the Exhibit has been timely executed and the period of revocation has expired, notwithstanding anything to the contrary contained in an applicable equity award agreement, all equity awards held by a terminated Designated Employee shall vest in full and, as applicable, shall become fully exercisable, as of the Date of Termination, except as otherwise provided in Sections 3.2(f) through (i) and 4.5 below. Notwithstanding anything in this Plan to the contrary, in no event shall the vesting and exercisability provisions applicable to a terminated Designated Employee under the terms of an Equity Award be less favorable to such Designated Employee than the terms and provisions of such awards in effect on the Change in Control Date.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: could “concede” the intent of the driver, and thus prevent the Government from introducing evidence proving this point, we note the evidence may have been properly admitted under 404(b) on the basis of intent as well. 8 . The Guidelines range was 120 to 150 months. EMILIO M. GARZA, Circuit Judge, dissenting: I dissent from the majority opinion’s holding that the district court did not abuse its discretion by admitting Joshua’s directly or through appropriate inferences, causally related to some other issue in the case. Wright, supra, § 5240. Where there is no evidence linking the charged crime to the uncharged crime the latter proves the former only by inference to the defendant’s character and is thus irrelevant to motive. United States v. Brown, 880 F.2d 1012, 1014-15 (9th Cir.1989) (<HOLDING>). Here, the prior drug possession does not Options: A. holding evidence of defendants prior drug use and heroin addiction admissible to establish defendants motive to commit robbery B. holding that prior instance and information regarding sexual assaults at fraternity house demonstrated reasonable foreseeability of a sexual assault C. holding where court could not see how defendants prior assaults established motive to commit charged murder admission of prior assaults was abuse of discretion D. holding evidence that county employees engaged in unconstitutional assaults on two occasions insufficient to support finding such assaults were pursuant to county policy E. holding that cumulative evidence of prior sexual assaults allegedly committed by defendant were prejudicial entitling defendant to new trial

assistant: The best answer is C. holding where court could not see how defendants prior assaults established motive to commit charged murder admission of prior assaults was abuse of discretion
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, unless otherwise provided, fire insurance proceeds will be paid to a mortgagee as his interest may appear. The parties made no contrary agreement. The provision in the mortgage note that the insurance shall be for the “benefit” of the mortgagee is consistent with the right of the mortgagee to receive the insurance proceeds to the extent of the balance due on the mortgage debt in the event a fire loss impairs the mortgagee’s security. On the other hand, defendants contend that they should be able to use the fund in dispute in reconstructing the property. This would continue the mortgagee’s security and would allow the mortgage to run its full term in accordance with the parties’ bargain a .J.L. 342, 344-345 (Sup.Ct.1936), aff’d on opinion below, 118 N.J.L. 565 (E. & A. 1937) (<HOLDING>); Martin v. Franklin Fire Ins. Co., 38 N.J.L. Options: A. holding that the court erred in failing to credit fathers child support account for the entire amount that he paid for the mothers mortgage B. holding that the insurer was entitled to credit against the owners claim in the amount paid to the mortgagee C. holding that in a case in which an omitted junior mortgagee foreclosed its mortgage the junior mortgagee had the absolute right to redeem from the senior mortgagee who had purchased the property at a sale following foreclosure of the senior mortgage D. holding in a dispute between first and second mortgagee regarding entitlement to insurance proceeds that because both mortgages required the mortgagor to maintain insurance on the property both mortgagees had a claim to the proceeds and that the first mortgagee was entitled to recover a portion of the proceeds to the extent of the insured amount with the second mortgagee to recover the remainder E. holding that an insurers defenses against the mortgagor could not be asserted against the mortgagee

assistant: The best answer is B. holding that the insurer was entitled to credit against the owners claim in the amount paid to the mortgagee
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Borrowers agree and acknowledge that the additional interest and fees that may be charged under Section 4.2 are (a) an inducement to the Lenders to make Advances and to the Letter of Credit Issuer to cause Letters of Credit to be issued hereunder and that the Lenders and the Agent would not consummate the transactions contemplated by this Agreement without the inclusion of such provisions, (b) fair and reasonable estimates of the Lenders’ and the Agent’s costs of administering the credit facility upon an Event of Default, and (c) intended to estimate the Lenders’ and the Agent’s increased risks upon an Event of Default.

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: It is not a limitation upon the right to seek another office. The incumbent of an office has the choice under the statute to retain it unmolested, or give it up and seek another.” Id. at 239; see also Hill v. Galliher, 65 So. 3d 362, 377 (Ala. 2010) (upholding resign-to-run provision against challenge that it unconstitutionally added qualification to run for office, observing that it merely “established requirements for retaining employment” (quotation and emphasis omitted)); Holley v. Adams, 238 So. 2d 401, 406 (Fla. 1970) (rejecting claim that resign-to-run statute was unconstitutional qualification for office, ruling that it was merely limitation upon right to retain one office while seeking another). But see Moore v. Knightdale Bd. of Elections, 413 S.E.2d 541, 544-45 (N.C. 1992) (<HOLDING>). Thus, other jurisdictions construing similar Options: A. holding 13981 constitutional under the commerce clause B. recognizing the principle that gives precedence to the terms of the more specific statute where a general statute and a specific statute speak to the same concern C. holding that specific wording of constitutional qualifications clause invalidated resigntorun statute D. holding that specific statutes create exceptions to general statutes therefore if a provision of a specific statute is inconsistent with one in a general statute on the same subject the specific statute controls E. holding that the statute as applied violates the commerce clause

assistant: The best answer is C. holding that specific wording of constitutional qualifications clause invalidated resigntorun statute
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. Lara, 181 F.3d 183, 198 (1st Cir.1999) (“Courts generally adhere to the principle that statutes relating to the same subject matter should be construed harmoniously if possible, and if not, that more recent or specific statutes should prevail over older or more general ones.”). 15 . Prior to Wyandotte., this Court explained that "[i]t was possible to find [the Wreck Act and Limitation Act] consistent and, indeed, complementary as long as the shipowner was able effectively to limit his liability merely by abandoning his vessel.” Univ. of Texas Med. Branch at Galveston, 557 F.2d at 451. 16 . In addition to the Wreck Act, courts have found that other later-enacted statutes impliedly repealed the Limitation Act for cases arising under those statutes. See Tug ALLIE-B, 273 F.3d at 948-49 (<HOLDING>); Complaint of Metlife Capital Corp., 132 F.3d Options: A. holding that the limitation act does not apply to claims brought under the clean water act B. holding that the limitation act does not apply to claims brought under the park system resource protection act C. holding that the limitation act does not apply to claims brought under the transalaska pipeline authorization act D. holding that the limitation act does not apply to claims brought under the oil pollution act E. holding that the same standards apply to claims under the ada and under the rehabilitation act

assistant: The best answer is B. holding that the limitation act does not apply to claims brought under the park system resource protection act
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 government designated certain of Kiernan’s clients as targets of the investigation, and moved once more to disqualify Kiernan from his multiple representation. The district court held a second Wheat hearing in January of 1999, and this time granted the motion to disqualify Kiernan. Kiernan filed a notice of appeal from that order on behalf of his clients, and the appeal was expedited. II Before we can reach the merits, we must consider whether we have jurisdiction. Appellants assert that we do, pursuant to the collateral order doctrine of Cohen v. Beneficial Industrial Loan Corp., 337 U.S. 541, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949). In support of their position, they cite cases from the 1970s that allow such appeals. See In re Investiga 04 S.Ct. 1051, 79 L.Ed.2d 288 (1984) (<HOLDING>); Firestone Tire & Rubber Co. v. Risjord, 449 Options: A. holding that there is a qualified first amendment right of access to proceedings and documents relating to disqualification of a judge in a criminal case and to conflicts of interest between attorneys in a criminal case B. holding that a disqualification order in a criminal case is not appealable C. holding appealable a case dismissed in effect by the district courts order D. holding that disqualification orders do not fall in the collateral order exception E. holding that the disqualification order is an issue completely independent of the merits of the action

assistant: The best answer is B. holding that a disqualification order in a criminal case is not appealable
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 Loan Party is a company duly organized, validly existing and in good standing under the laws of the jurisdiction of its organization, and has all organizational powers and all material governmental licenses, authorizations, consents and approvals required to carry on its business as now conducted.

assistant: Powers
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 impermissible fishing expedition.”); United States v. Reed, 726 F.2d 570, 577 (9th Cir.1984) (affirming trial court order quashing defendants’ subpoena after in-camera review where the defendants “did not request specific documents, but sought entire arson investigation files”). The name of a document and mere speculation as to its contents are not sufficient to satisfy the Rule’s specificity and relevance requirements. See United States v. Hardy, 224 F.3d 752, 755-56 (8th Cir.2000) (upholding trial court’s order quashing defendant’s subpoena of recorded police radio transmissions where the defendant had “stated why he wants to listen to the transmissions, but he cannot set forth what the subpoenaed materials contain”); United States v. Arditti, 955 F.2d 331, 345-46 (5th Cir.1992) (<HOLDING>). [¶ 36] Here, Marroquin-Aldana’s subpoena Options: A. holding that the defendant did not demonstrate and our review of the record did not reveal that the defendant made a showing of good cause as to why his late notice should be accepted and as such the trial court did not abuse its discretion when it denied the defendants belated oral motion to assert an insanity defense B. holding that the trial court did not abuse its discretion by refusing to accept the defendants guilty pleas to two counts of the indictment and stating that even if the trial court erred the error had not prejudiced the defendant because he was found guilty by the jury of the charges to which he intended to plead and the evidence of the other crimes would have been admissible in the trial for the first degree murder charge C. holding that trial court did not abuse its discretion by allowing the state to introduce direct evidence of the controlling nature of defendants relationship with the victim D. holding that a district court did not abuse its discretion when it denied a motion for reconsideration that relied on materials available to the movant at the time of the original motion and where movant did not give any explanation as to why she did not rely on those materials in the first instance E. holding that the trial court did not abuse its discretion in quashing a subpoena where the defendant demonstrated why he wants to look into the subpoenaed material but has not set forth what the subpoenaed materials contain forcing the court to speculate as to the specific nature of their contents and its relevance

assistant: The best answer is E. holding that the trial court did not abuse its discretion in quashing a subpoena where the defendant demonstrated why he wants to look into the subpoenaed material but has not set forth what the subpoenaed materials contain forcing the court to speculate as to the specific nature of their contents and its relevance
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 Participant will have the right to designate the Beneficiary or Beneficiaries to receive payment of his Account in the event of his death. Participants will designate, and from time to time may re-designate, their Beneficiaries in such form and manner as the Retirement Committee may determine.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The execution, delivery and performance by each Loan Party of this Agreement, and by each Loan Party and its Subsidiaries of any other Loan Document to which such Person is party, have been duly authorized by all necessary action, and do not and will not (a) contravene the terms of any of that Person’s Organization Documents, (b) conflict with or result in any breach or contravention of, or result in the creation of any Lien under, any document evidencing any material Contractual Obligation to which such Person is a party or any order, injunction, writ or decree of any Governmental Authority to which such Person or its property is subject; or (c) violate any Requirement of Law in any respect; except, in each case referred to in clause (b) or clause (c) , as would not reasonably be expected to have, either individually or in the aggregate, a Material Adverse Effect.

assistant: Authorizations