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: financing and expand are not, without more, sufficient to allege scienter; to hold otherwise would support a finding of scienter for any company that seeks to enhance its business prospects. Lipton v. Pathogenesis Corp., 284 F.3d 1027, 1038 (9th Cir.2002). In addition, it is common for executive compensation, including stock options and bonuses, to be based partly on the executive’s success in achieving key corporate goals. Thus, especially given the holistic approach to assessing scienter adopted in Tellabs and the requirement that we take into account plausible opposing inferences, we will not conclude that there is fraudulent intent merely because a defendant’s compensation was based in part on such successes. See Rubke v. Capitol Bancorp Ltd., 551 F.3d 1156, 1166 (9th Cir.2009) (<HOLDING>). In addition, the individual defendants’ Options: A. holding that recounting of analysts opinions did not prove underlying factual support necessary to create a strong inference of scienter B. holding that vague allegations against unnamed executives and senior employees do not raise a strong inference of scienter C. holding the pslra standard for pleading scienter is more stringent than the second circuits standard prior to the act and that motive and opportunity is not an independent basis to show defendants had scienter D. holding that allegations of motive and opportunity were not enough to create a strong inference of scienter E. holding that where a defendant sold no stock at all this suggested that there was no insider information from which to benefit and there was not a strong inference of scienter

assistant: The best answer is D. holding that allegations of motive and opportunity were not enough to create a strong inference of scienter
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 expiration or termination of the Term shall not impair the rights or obligations of any party hereto which shall have accrued prior to such expiration or termination (including, without limitation, pursuant to the provisions of Section 6 hereof).

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: for some payment methods , the issuer of your payment method may charge you certain fees , such as a foreign transaction fee or other fees relating to the processing of your payment method .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Subject to the terms and conditions of this Agreement, the Lenders, the L/C Issuers and the Administrative Agent hereby (a) agree that the Investment Grade Date is deemed to have occurred for all purposes under the Credit Agreement and the other Loan Documents, (b) consent to the release of all Collateral, and (c) authorize and instruct the Administrative Agent to instruct the Collateral Agent to release all Liens on any property granted to or held by the Collateral Agent under any Loan Document. The agreement by the Lenders described in this Section 2 is strictly limited to the items detailed in clauses (a)-(c) above. Such agreement shall not be construed to be a consent to any other departure from the requirements of, or a waiver of non-compliance with, any terms, provisions, covenants, warranties or agreements contained in the Credit Agreement or in any other Loan Documents.

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

user: The Receiving Party shall immediately return to the Disclosing Party all written Confidential Information of the Disclosing Party and any and all records, notes and other written, printed or tangible materials pertaining to such Confidential Information upon receipt of a written request from the Disclosing Party. At the same time, the Receiving Party shall delete all copies of such records, notes and materials which are stored on its electronic memory devices.

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 legal provision and list the applicable contract clause categories. Provision: This Amendment does not constitute an amendment of any other provision of the Credit Agreement or the other Loan Documents, a waiver of any other provision of the Credit Agreement or the other Loan Documents, or any other right, power or remedy of the Lenders thereunder. This Amendment is limited as specified herein and shall not constitute a modification, acceptance or waiver of any other provision of the Loan Documents.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: greeted and the way repair orders were written. He stated the implementation of Net Profit would not have necessitated Watt having to stay and work until 9:00 at night. He denied threatening to fire Watt if he did not implement the new system. William Dial, Piedmont Honda’s Chief Financial Officer, testified that his office looked directly into Watt’s office. He stated he usually left the office between 7:00 and 8:00 at night and rarely saw Watt still in his office when he left. He claimed the implementation of Net Profit would not have necessitated Watt’s having to stay late at night. He denied that it created problems or made customers unhappy. Although, as in Jordan, the record contarás conflicting evidence, this court may not weigh the evidence. 381 S.C. at 487, 674 S.E.2d at 169 (<HOLDING>). There is substantial evidence in the record Options: A. holding that the final determination of witness credibility and the weight to be accorded evidence is reserved to the appellate panel and it is not the task of an appellate court to weigh the evidence as found by the appellate panel B. holding that on appeal an appellate court does not have the right to weigh the evidence and decide the issue on the basis of its weight the courts duty goes no further than to determine whether the record contains any evidence tending to support the finding C. holding that one panel of this court is not bound by dicta in a previously published panel opinion D. holding that the jury is the judge of the weight and credibility given to witness testimony E. holding that an appellate court cannot consider an issue that was not preserved for appellate review

assistant: The best answer is A. holding that the final determination of witness credibility and the weight to be accorded evidence is reserved to the appellate panel and it is not the task of an appellate court to weigh the evidence as found by the appellate panel
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: “a federal habeas court may not issue the writ simply because that court concludes in its independent judgment that the relevant state-court decision applied clearly established federal law erroneously or incorrectly.” Id. at 411, 120 S.Ct. 1495. Rather, the application must be “objectively unreasonable.” Id. at 409, 120 S.Ct. 1495. In determining whether ' a state-court decision is contrary to or an unreasonable application of clearly established Supreme Court precedent, a federal court may look only to the holdings of the Supreme Court’s decisions “as of the time of the relevant state-court decision.” Lockyer v. Andrade, 538 U.S. 63, 71, 123 S.Ct. 1166, 155 L.Ed.2d 144 (2003) (internal quotation mark omitted); see also Greene v. Fisher, — U.S. -, 132 S.Ct. 38, 181 L.Ed.2d 336 (2011) (<HOLDING>). The reviewing court, however, may look to Options: A. holding that the federal habeas courts task is to determine if the state courts decision was contrary to or involved an unreasonable application of clearly established federal law as determined by the supreme court of the united states B. holding state of the law must be determined at time of challenged action C. holding that the court of appeals in applying state law on appeal of a diversity action must apply law of the state as it existed at the time of its decision rather than as it stood at the time the case was decided in district court D. holding that clearly established federal law as determined by the supreme court under aedpa is the law at the time of the statecourt adjudication on the merits not at the time the conviction becomes final E. holding that where the law is unsettled at the time of trial but settled by the time of appeal the plainness of the error should be judged by the law at the time of appeal

assistant: The best answer is D. holding that clearly established federal law as determined by the supreme court under aedpa is the law at the time of the statecourt adjudication on the merits not at the time the conviction becomes final
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 and each Subsidiary thereof is in compliance in all material respects with the requirements of all Laws and all orders, writs, injunctions and decrees applicable to it or to its properties, except in such instances in which (a) such requirement of Law or order, writ, injunction or decree is being contested in good faith by appropriate proceedings diligently conducted or (b) the failure to comply therewith, either individually or in the aggregate, could not reasonably be expected to have a Material Adverse Effect.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: found that there was sufficient evidence to show that the conspiracy began in 1992. Accordingly, the district court included 1992 and 1993 in its calculation of McGuire’s sentence, adopted the reasoning of the PSR, and set McGuire’s offense level at 28, which put McGuire in a sentencing range of 78 to 97 months. The district court sentenced McGuire to 78 months’ imprisonment and three years of supervised release. On October 13, 1999, the court entered final judgment. McGuire argues that the district court did not have jurisdiction to change his sentence, asserting that the sentence was “imposed” under Fed.R.Crim.P. 35(c) when the district co (2d Cir.1995) (same); United States v. Townsend, 33 F.3d 1230, 1231 (10th Cir.1994) (same); United States v. Clay, 37 F.3d 338, 340 (7th Cir.1994) (<HOLDING>); United States v. Morillo, 8 F.3d 864, 869 Options: A. holding that the applicable rate is that in existence at the time of judgment B. holding that imposition occurs at time of entry of judgment C. holding that trial court must make entry of default prior to entry of default judgment and court may not make entry of default when there is no default in law or in fact D. recognizing difference in elements between offense of actual entry and attempted entry E. holding that imposition occurs at time of oral pronouncement

assistant: The best answer is B. holding that imposition occurs at time of entry of judgment
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: 286 (1996). Instead, “[a]pportionment of a fee award between fees incurred on a contract cause of action and those incurred on other causes of action is within the trial court’s discretion.” Id. In this case, appellants do not challenge the district court’s conclusion that Datacom’s tort and contract claims were inextricably intertwined. Therefore, we affirm the attorney’s fee award against Datacom. However, Moore was not a party to the Charter contract, or to Datacom’s causes of action based on contract. As a result, Moore would not have been entitled to fees against Charter had Moore prevailed on his tort claims. We therefore hold Charter is not entitled to fees from Moore by prevailing on contract claims against Datacom. See Abdallah, 43 Cal.App.4th at 1111, 51 Cal.Rptr.2d 286 (<HOLDING>); Hsu v. Abbara, 9 Cal.4th 863, 870, 39 Options: A. holding trial court had no authority to award attorneys fees when arbitrator had stated he would not award attorneys fees B. holding that each plaintiff is liable for fees if he would have been entitled to his fees if he had prevailed C. holding that the plaintiff who prevailed in an ipra enforcement action was entitled to an award of damages fees and costs D. holding that a plaintiff who prevailed on a 42 usc 1983 claim was entitled to an award of attorneys fees incurred on appeal E. holding that bank was entitled to attorney fees on appeal when agreement did not prohibit such fees

assistant: The best answer is B. holding that each plaintiff is liable for fees if he would have been entitled to his fees if he had prevailed
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 amount payable by a party hereto (the “ Paying Party ”) hereunder (including payments made under Section 5 ) will be paid to the other party within 10 business days following receipt by the Paying Party of an invoice for such amount, detailing the calculation of such amount. AHL shall have the option, at its sole discretion, to cause to be paid by AUSA on behalf of AHL any payments or reimbursements due by AHL hereunder.

assistant: Payments
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: Words such as “herein,” “hereinafter,” “hereof” and “hereunder” refer to this Agreement as a whole and not merely to a Section or paragraph in which such words appear, unless the context otherwise requires. The singular shall include the plural, and each masculine, feminine and neuter reference shall include and refer also to the others, unless the context otherwise requires. The word “or” is used in the inclusive sense typically associated with the phrase “and/or”, unless the context otherwise requires. The words “include,” “includes” and “including” shall be deemed to be followed by the phrase “without limitation” and shall not be construed to limit any general statement which it follows to the specific or similar items or matters immediately following it irrespective of the use of the phrase “without limitation” or similar phrases in any provision of this Agreement. The word “will” shall be construed to have the same meaning and effect as the word “shall.” All references herein to Articles, Sections, Schedules or Exhibits shall be construed to refer to Articles, Sections, Schedules and Exhibits of this Agreement, and references to this Agreement include all Schedules and Exhibits hereto.

assistant: Interpretations
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 party hereto shall assign this Agreement or any part hereof without the prior written consent of the other parties. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective permitted successors and assigns. Any attempted assignment in violation of the terms of this Section 11.3 shall be null and void, ab initio .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: asserted on the petition date even if they were not disclosed in the debtor’s schedules. Goodman v. Phillip R. Curtis Enters., Inc., 809 F.2d 228 (4th Cir.1987). A trustee has the right to rid the estate of property that is burdensome or of inconsequential value and benefit to the estate. 11 U.S.C. § 554. If a trustee neither abandons nor administers a scheduled asset, the asset is deemed to have been abandoned upon the closing of the case. 11 U.S.C. § 554(c). However, property of the estate that is not abandoned and is not administered remains property of the estate. 11 U.S.C. § 554(d). Thus, if property was not properly scheduled by a debtor, it is not abandoned when the bankruptcy case is closed. E.g., Vreugdenhill v. Navistar Int’l Transport Corp., 950 F.2d 524, 525 (8th Cir.1991) (<HOLDING>); In re Hamlett, 304 B.R. 737, 741 Options: A. holding that an undisclosed cause of action which existed at the time of filing remained an asset of the estate and allowing the debtor to reopen the case to formally schedule the cause of action B. holding property that was technically abandoned under 554c was not brought back into estate by virtue of reopening the case C. holding that a debtor must formally schedule the property before the close of the case in order for such property to be abandoned pursuant to section 554c D. holding that the debtor could retain exempt property because it was not property of the estate E. holding that property is not abandoned by operation of law unless the debtor formally scheduled the property before the close of the case

assistant: The best answer is C. holding that a debtor must formally schedule the property before the close of the case in order for such property to be abandoned pursuant to section 554c
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 rights and obligations of the parties under the provisions of this Agreement that relate to post-termination obligations shall survive and remain binding and enforceable, notwithstanding the expiration of the term of this Agreement, the termination of Executive’s employment with the Company for any reason or any settlement of the financial rights and obligations arising from Executive’s employment hereunder, to the extent necessary to preserve the intended benefits of such provisions.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company will reimburse Executive for reasonable travel, entertainment and other expenses incurred by Executive in the furtherance of the performance of Executive’s duties hereunder (including business related travel requested by the Company), in accordance with the Company’s expense reimbursement policy as in effect from time to time.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Guaranty shall be binding upon and inure to the benefit of the parties hereto and their respective successors, assigns and legal representatives; provided , however , that Guarantor may not, without the prior written consent of Purchaser, assign any of its rights, powers, duties or obligations hereunder. If Guarantor consists of more than one person or party, the obligations and liabilities of each such person or party shall be joint and several. Purchaser may assign or transfer its rights under this Guaranty in accordance with the transfer of assignment provisions of the Repurchase Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Kawa must show “an invasion of a legally protected interest that is sufficiently concrete and particularized rather than abstract and indefinite.” Ga. State Conference of NAACP Branches v. Cox, 183 F.3d 1259, 1262 (11th Cir.1999). “The interest must consist of obtaining compensation for, or preventing, the violation of a legally protected right.” Vt. Agency of Natural Res., 529 U.S. at 772, 120 S.Ct. at 1862. The allegations in Kawa’s complaint do not state such a concrete and particularized injury. Although Kawa asserts it would have waited to research its ACA obligations, Kawa has not alleged that its ACA research is objectively worth less, or that Kawa has been actually harmed in a concrete way. See GrassRoots Recycling Network, Inc. v. E.P.A., 429 F.3d 1109, 1112 (D.C.Cir.2005) (<HOLDING>). Therefore, as set out in its complaint, Options: A. holding that plaintiffs may have a property interest in real property B. holding directors and officers liability policy was not property of the estate because it did not increase or decrease the worth of the bankruptcy estate C. holding that the plaintiffs sufficiently alleged injury under the ucl fal and clra by asserting that the product they received was worth less than what they paid for it owing to defendants misleading labels D. holding a plaintiff failed to show an actual injury to challenge an epa rule when the plaintiff alleged he would not have purchased a piece of property or would have paid less because the plaintiffs allegations showed only that the property was worth less to him not that the property was in fact worth less E. holding the fourth element asks if but for the defendants actions the plaintiff would have been in a less harmful position

assistant: The best answer is D. holding a plaintiff failed to show an actual injury to challenge an epa rule when the plaintiff alleged he would not have purchased a piece of property or would have paid less because the plaintiffs allegations showed only that the property was worth less to him not that the property was in fact worth less
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be amended or modified in whole or in part, only by a duly authorized agreement in writing executed in the same manner as this Agreement and which makes reference to this Agreement. The approval of this Agreement by the member of the Company shall not restrict the ability of the Board of Managers of the Company to terminate this Agreement in accordance with Section 10.1 or to cause the Company to enter into an amendment to this Agreement pursuant to this Section 13.10 to the extent permitted under the Act.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: liable for the conduct of another person if the person is an accomplice of another person in the commission of an offense. He references Arkansas Code Annotated section 5-2-403(a) (Repl.2006), which defines “accomplice” as follows: (a) A person is an accomplice of another person in the commission of an offense if, with the purpose of promoting or facilitating the commission of an offense, the person: |fi(l) Solicits, advises, encourages, or coerces the other person to commit the offense; (2) Aids, agrees to aid, or attempts to aid the other person in planning or committing the offense; or (3) Having a legal duty to prevent the commission of the offense, fails to make a proper effort to prevent the commission of the offense. See also Navarro v. State, 371 Ark. 179, 264 S.W.3d 530 (2007) (<HOLDING>). Appellant submits that in order for him to be Options: A. holding that counsel did not admit the defendant was guilty of a crime when counsel noted that if the evidence established the commission of any crime that crime was voluntary manslaughter not murder B. holding that when two people assist one another in the commission of a crime each is an accomplice and criminally liable for the conduct of both C. holding communication to two people not actionable D. holding that an indictment charging one offense during the commission of another crime need not allege the elements of the latter offense E. holding that sale of two obscene magazines to one detective in one transaction and sale of two obscene films to another detective in another transaction could result in only one conviction for each separate transaction

assistant: The best answer is B. holding that when two people assist one another in the commission of a crime each is an accomplice and criminally liable for the conduct of both
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The provisions of this Agreement containing express survival clauses as well as the provisions of this Agreement which are intended to apply, operate or have effect after the expiration or termination of the term of this Agreement, or at a time when the term of this Agreement may have expired or terminated, shall survive the expiration or termination of the term of this Agreement for any reason.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Norwood, 418 S.W.3d 566, 580 (Tex. 2013) (citing Texas Ass'n of Bus. v. Texas Air Control Bd., 852 S.W.2d 440, 445-46 (Tex. 1993)); see also Texas Ass’n of Bus., 852 S.W.2d at 445 (“Subject matter jurisdiction is an issue that may be raised for the first time on appeal; it may not be waived by the parties.” (citations omitted)). 14 . Similarly, we have not belabored certain arguments raised by the parties that are ultimately misplaced or immaterial under the controlling legal principles. See Tex. R. App. P. 47.1. 15 . See, e.g., Ex parte Springsteen, 506 S.W.3d 789, 798 n.50 (Tex. App.-Austin 2016, pet. filed) (citing City of Elsa v. Gonzalez, 325 S.W.3d 622, 625 (Tex. 2010) (per curiam)). 16 . See, e.g., Wasson Interests, Ltd. v. City of Jacksonville, 489 S.W.3d 427, 439 (Tex. 2016) (<HOLDING>); Tooke v. City of Mexia, 197 S.W.3d 325, 343 Options: A. recognizing a traditional distinction between the public and governmental acts of sovereign states on the one hand and their private and commercial acts on the other B. holding that the commonlaw distinction between governmental and proprietary acts known as the proprietarygovernmental dichotomyapplies in the contractclaims context just as it does in the tort claims context C. recognizing that intermediate scrutiny in the commercialspeech context allows some latitude between the regulation and the governmental objective D. holding even in context of employee manual that policy which included agreement to provide annual salary increase of five percent did not constitute contract between city and employees and distinction between atwill employees and public employees was not dispositive in this context E. holding same in the flsa retaliation context

assistant: The best answer is B. holding that the commonlaw distinction between governmental and proprietary acts known as the proprietarygovernmental dichotomyapplies in the contractclaims context just as it does in the tort claims context
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: purposes of seal provision were not frustrated by premature service of complaint). In light of the foregoing considerations, the court hereby grants the States’ Motion for Summary Judgment and dismisses the Relator’s claims for a share from the States’ settlements. An appropriate order follows. ORDER AND NOW, this 7th day of February, 2006, upon consideration of the State Government Plaintiffs’ and District of Columbia’s (collectively, “the States”) Consolidated Opposition to and Motion for Summary Judgment Dismissing the Relator’s Claims for a Share from State Settlements, it is hereby ORDERED that said Motion is GRANTED. 1 . Compare, e.g., N.M.S.A.1978 § 27-14-9 with 31 U.S.C. § 3730(d); see, e.g., State v. Altus Fin., S.A., 36 Cal.4th 1284, 32 Cal.Rptr.3d 498, 116 P.3d 1175 (2005)(<HOLDING>). 2 . See, e.g., Friedman v. Fed. Deposit Ins. Options: A. holding that federal court decisions construing and applying the federal arbitration act may be regarded as persuasive authority in construing and applying corresponding provisions of our local arbitration act B. holding that a state agency is not a person subject to suit under federal false claims act C. holding that the california false claims act cfca is pattemed on similar federal legislation and in construing the cfca it is appropriate to look to precedent construing the equivalent federal false claims act D. holding that the provisions of the false claims act allowing suit imposing liability on any person who presented false claims to the federal government did not allow suits against state governments E. holding that in construing statute courts must first look to its plain language

assistant: The best answer is C. holding that the california false claims act cfca is pattemed on similar federal legislation and in construing the cfca it is appropriate to look to precedent construing the equivalent federal false claims 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: post-conviction or other collateral review with respect to the pertinent judgment or claim is pending shall not be counted toward any period of limitation under this subsection. Because this law went into effect on April 24, 1996, after Lightner’s conviction became final, Lightner had until April 24, 1997, to file his petition. See United States v. Hurst, 322 F.3d 1256, 1260 (10th Cir .2003). On appeal, Lightner concedes his petition was untimely under AEDPA. He argues, however, that we should equitably toll his petition because he is actually innocent. This actual innocence claim, however, is nothing more than an unsubstantiated allegation that the state destroyed exculpatory evidence. As such, we reject it. See Schlup v. Delo, 513 U.S. 298, 324, 115 S.Ct. 851, 130 L.Ed.2d 808 (1995) (<HOLDING>). Lightner also argues his delay in filing his Options: A. holding that hgn evidence is scientific and therefore must satisfy the pertinent delaware rules of evidence governing the admission of such evidence B. holding that new evidence must be evidence that is not merely cumulative C. holding that to be credible a petitioner must support his allegations of innocence with new rehable evidence whether it be exculpatory scientific evidence trustworthy eyewitness accounts or critical physical evidence that was not presented at trial D. holding that new evidence is evidence not previously of record and not merely cumulative of other evidence E. holding that to justify a new trial based upon newly discovered evidence 1 the evidence must have been discovered after trial 2 the failure to discover this evidence must not be attributable to a lack of due diligence on the part of the movant 3 the evidence must not be merely cumulative or impeaching 4 the evidence must be material and 5 the evidence must be likely to produce an acquittal if a new trial is granted

assistant: The best answer is C. holding that to be credible a petitioner must support his allegations of innocence with new rehable evidence whether it be exculpatory scientific evidence trustworthy eyewitness accounts or critical physical evidence that was not presented at trial
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 of the Lenders and the Issuing Banks hereby irrevocably appoints each of the Administrative Agent, each Local Agent and the Collateral Agent (the Administrative Agent, the Local Agents and the Collateral Agent, collectively, the “ Agents ”) its agent and authorizes each Agent to take such actions on its behalf as its representative and to exercise such powers as are delegated to such Agent by the terms of the Loan Documents, together with such actions and powers as are reasonably incidental thereto. Without limiting the generality of the foregoing, the Agents are hereby expressly authorized by the Lenders to (a) prepare, execute and deliver any and all documents (including releases and the Security Documents) and (b) acquire, perfect, hold, administer and enforce the security interests with respect to the Collateral and the rights of the Secured Parties with respect thereto, as contemplated by and in accordance with the provisions of this Agreement and the Security Documents. All actions and declarations of the Agents made on or prior to the date hereof in connection with the above are hereby ratified and approved.

assistant: 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 the event that any provision or portion of this Agreement is determined to be invalid or unenforceable for any reason, in whole or in part, the remaining provisions of this Agreement shall be unaffected thereby and shall remain in full force and effect to the fullest extent permitted by applicable law.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: in addition , we have the right -- but not the obligation -- in our sole discretion to remove , disallow , block or delete any user content ( i ) that we consider to violate this eula , applicable law or otherwise constitute objectionable content ( defined in section 5 .

assistant: Content removal
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: Mr. Powers’s suicide and makes the assertion that the District’s “failure to provide proper training and supervision showed ... deliberate indifference to the safety of civilians with whom its officers detain [sic], bring into custody[,] and to whom they owe a heightened duty with regard to their personal safety.” Compl. ¶ 49. Thus, drawing all reasonable inferences in her favor, Plaintiff alleges that the District’s failure to train its police officers in the proper detection and treatment of potentially suicidal detainees amounts to deliberate indifference to the rights of detainees like Mr. Powers. Under D.C. Circuit precedent, these allegations are sufficient to survive a motion to dismiss under Rule 12(b)(6). See Atchinson v. District of Columbia, 73 F.3d 418, 423 (D.C.Cir.1996) (<HOLDING>). Accordingly, the motion to dismiss the Fifth Options: A. holding that disagreement with a doctors judgment does not support a claim of deliberate indifference B. holding that a failure to adequately train will only result in 1983 liability where that failure amounts to a deliberate indifference to the rights of persons with whom the police come into contact C. holding that a complaint alleging a single incident of police officer misconduct together with an assertion that the districts failure to train its officers showed deliberate indifference was sufficient to state a claim under monell D. holding no deliberate indifference when a failure to take reasonable measures was due to defendants mistake E. holding that in order to state a violation of the eighth amendment an inmate must demonstrate that prison officials showed deliberate indifference to serious medical needs

assistant: The best answer is C. holding that a complaint alleging a single incident of police officer misconduct together with an assertion that the districts failure to train its officers showed deliberate indifference was sufficient to state a claim under monell
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement, including any exhibits or appendices hereto along with the offer letter to which this Agreement is attached, contains and comprises the entire understanding and agreement between Executive and Pier 1 Imports and fully supersedes any and all prior agreements or understandings between Executive and Pier 1 Imports with respect to the subject matter contained herein, and may be amended only by a writing signed by both parties.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Delaware without reference to the conflict of laws principles thereof. Each of the Parties irrevocably agrees that any legal action or proceeding with respect to this Agreement and the rights and obligations arising hereunder, or for recognition and enforcement of any judgment in respect of this Agreement and the rights and obligations arising hereunder brought by the other Party or its successors or assigns, shall be brought and determined exclusively in the Delaware Court of Chancery and any state appellate court therefrom within the State of Delaware (or, if the Delaware Court of Chancery declines to accept jurisdiction over a particular matter, any state or federal court within the State of Delaware). Each of the Parties hereby irrevocably submits, with regard to any such action or proceeding for itself and in respect of its property, generally and unconditionally, to the personal jurisdiction of the aforesaid courts and agrees that it will not bring any action relating to this Agreement in any court other than the aforesaid courts. Each of the Parties hereby irrevocably waives, and agrees not to assert in any action or proceeding with respect to this Agreement, (a) any claim that it is not personally subject to the jurisdiction of the above-named courts for any reason, (b) any claim that it or its property is exempt or immune from jurisdiction of any such court or from any legal process commenced in such courts (whether through service of notice, attachment prior to judgment, attachment in aid of execution of judgment, execution of judgment or otherwise), and (c) to the fullest extent permitted by applicable legal requirements, any claim that (i) the suit, action or proceeding in such court is brought in an inconvenient forum, (ii) the venue of such suit, action or proceeding is improper, or (iii) this Agreement, or the subject matter hereof, may not be enforced in or by such courts.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of such partnership arrangements have in the past far outweighed the temporary benefits. Id. at 276, 161 P.2d at 881-82 (internal quotation marks omitted). The Supreme Court of New Mexico distinguished the agreement of the company to pay Clovis $130,000.00 in annual installments, because the agreement did not “place any burden or charge against any of the revenues of the City, current or otherwise, and did not bring about any liability of the citizens of the City for the levy of any taxes, or bring about any burden of any kind whatsoever upon the City of Clovis or its citizens, and, therefore, does not come within the purpose of the constitutional inhibition.” Id. at 276-77, 161 P.2d at 881. See Chronis v. State ex rel. Rodriguez, 100 N.M. 342, 347-48, 670 P.2d 953, 958-59 (1983)(<HOLDING>). Likewise, the Attorney General of New Mexico Options: A. holding that even though labeled a tax on conducting retail liquor business challenged statute was nevertheless a penalty designed to punish the violation of state liquor laws B. holding that an appropriation to pay states share of emergency feed certificates issued to livestock owners for the purchase of hay was an unconstitutional subsidy of the livestock industry C. holding that legislative diminishment of tax obligation constituted an unconstitutional subsidy to the liquor industry in violation of the antidonation clause D. holding that a confrontation clause violation constituted harmless error E. holding husbands early retirement subsidy was not marital property as a vested right but an option contingent upon his continued employment and eventual qualification for the subsidy in nine years based upon value of the pension frozen at the time of dissolution

assistant: The best answer is C. holding that legislative diminishment of tax obligation constituted an unconstitutional subsidy to the liquor industry in violation of the antidonation 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: Any notice or other communication required or permitted hereunder must be in writing and must be delivered personally, or sent by certified, registered or express mail, postage prepaid. Any such notice will be deemed given when so delivered personally or, if mailed, three days after the date of deposit in the United States mail, in the case of the Company to 12420 Stonebridge Road, Roanoke, Indiana 46783, Attn: Corporate Secretary, and, in the case of the Participant, to the last known address of the Participant in the Company's records.

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: None of the Loan Parties or any Subsidiaries of any Loan Party engages or intends to engage principally, or as one of its important activities, in the business of extending credit for the purpose, immediately, incidentally or ultimately, of purchasing or carrying margin stock (within the meaning of Regulation U) in violation or Regulations U. No part of the proceeds of any Loan has been or will be used, immediately, incidentally or ultimately, to purchase or carry any margin stock or to extend credit to others for the purpose of purchasing or carrying any margin stock or to refund Indebtedness originally incurred for such purpose, or for any other purpose, in each case in violation of the provisions of the regulations of the Board of Governors of the Federal Reserve System. Margin stock does not, and will not, constitute, more than 25% of the value of the consolidated assets of the Borrower and its Subsidiaries.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: CURIAM. AFFIRMED. See Walton v. State, 847 So.2d 438, 445 (Fla.2003) (<HOLDING>). SAWAYA, PLEUS and ORFINGER, JJ., Options: A. holding trial counsel was not ineffective for failing to pursue a meritless issue B. holding that trial counsel cannot be held ineffective for failing to anticipate changes in law C. holding that where trial counsel was not ineffective appellate counsel was not ineffective for failing to raise claim of ineffectiveness of trial counsel D. holding that counsel cannot be deemed ineffective for failing to raise a meritless claim E. holding that counsel cannot be deemed ineffective for failing to pursue a meritless claim

assistant: The best answer is B. holding that trial counsel cannot be held ineffective for failing to anticipate changes in law
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 of the Transaction Documents by the Company and the consummation by the Company of the transactions contemplated hereby and thereby (including, without limitation, the issuance of the Notes and the Warrants and reservation for issuance and issuance of the Conversion Shares and the Warrant Shares) will not (i) result in a violation of the Certificate of Incorporation (as defined in Section 3(u)) or Bylaws (as defined in Section (3(u)), any memorandum of association, certificate of incorporation, certificate of formation, bylaws, any certificate of designations or other constituent documents of the Company, any capital stock of the Company or (ii) conflict with, or constitute a default (or an event which with notice or lapse of time or both would become a default) in any respect under, or give to others any rights of termination, amendment, acceleration or cancellation of, any agreement, indenture or instrument to which the Company is a party (including, without limitation, the Transaction Documents (as defined in the 2015 SPA), or (iii) result in a violation of any law, rule, regulation, order, judgment or decree (including foreign, federal and state securities laws and regulations and the rules and regulations of The NASDAQ Capital Market (the “ Principal Market ”) and including all applicable laws of the State of Delaware and any foreign, federal and state laws, rules and regulations) applicable to the Company or any of its Subsidiaries or by which any property or asset of the Company or any of its Subsidiaries is bound or affected.

assistant: No 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: This Agreement shall be governed by and construed in accordance with the domestic laws of the State of New York, without giving effect to any choice of law or conflict of law provisions or rule that would cause the application of the laws of any jurisdiction other than the State of New York.

assistant: Governing Laws