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: undisputed that all actions complained of in this case occurred in connection with the drawn out termination process. Plaintiffs claim that his emotional distress was caused by uncertainty in his official employment status clearly arises out of the nature of his employment. Moreover, in order to prevail under a common law theory of intentional infliction of emotional distress plaintiff must show that the conduct was extreme and outrageous, beyond all possible bounds of decency, and utterly intolerable in a civilized community. Agis v. Howard Johnson Company, 371 Mass. 140, 145, 355 N.E.2d 315 (1976). As a matter of law, the contact alleged certainly does not rise to the required level of outrageousness. See Richey v. American Automobile Association, 380 Mass. 835, 406 N.E.2d 675 (1980) (<HOLDING>); Mathias v. Beatrice Foods Co., 23 Mass.App. Options: A. holding that an isolated remark made by the plaintiffs supervisor lacked a sufficient nexus to the plaintiffs termination several months later B. holding that defendant did not have a special responsibility to exercise independent judgment in the plaintiffs behalf and to look after the plaintiffs interests C. holding that the conduct of plaintiffs supervisor in terminating the plaintiff after attempting to verify plaintiffs excessive absences did not make out a plausible case of outrage D. holding that a plaintiffs complaint need only establish a plausible entitlement to relief E. holding plaintiffs supervisor subject to suit

assistant: The best answer is C. holding that the conduct of plaintiffs supervisor in terminating the plaintiff after attempting to verify plaintiffs excessive absences did not make out a plausible case of outrage
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 and any modification or amendment hereto may be executed in any number of counterparts, each of which when so executed and delivered shall be deemed an original, but all of which together shall constitute one and the same instrument, and shall become effective when one or more counterparts hereof or thereof have been signed by each Party. Delivery of an executed counterpart signature page of this Agreement or any modification or amendment hereto by facsimile or transmitted electronically in a Tagged Image File Format (“ TIFF ”), Portable Document Format (“ PDF ”), or other electronic format sent by electronic mail shall be effective as delivery of a manually executed counterpart hereof or thereof. Any Party delivering an executed counterpart of this Agreement or any modification or amendment hereto by facsimile or by email shall also deliver a manually executed counterpart hereof or thereof, but failure to do so shall not affect the validity, enforceability or binding effect of this Agreement, and the Parties hereby waive any right they may have to object to such treatment.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: In its brief, the Attorney General refers to evidence of A.J.’s 2002 and 2003 income contained in the transcript of the prior trial. We also note that the trial transcript is included in the record on appeal because A.J. requested its inclusion. A.J.'s brief also cites to evidence from the trial transcript to support his arguments. We further note drat none of the parties filed any objections to our consideration of the testimony from that trial in this appeal. However, the testimony from the pri- or jury trial did not address A.J.’s annual wages in 2004 or 2005. The trial court’s error, if any, in relying on the testimony from the hearing of a related proceeding is not argued by either party as constituting error. See Pat Baker Co., Inc. v. Wilson, 971 S.W.2d 447, 450 (Tex.1998) (<HOLDING>). Thus, whether the trial court erred in Options: A. holding that the court of appeals may not reverse a trial courts judgment in the absence of properly assigned error B. recognizing that appellate court may reverse trial courts judgment when it is based on an erroneous conclusion of law C. holding it is axiomatic that an appellate court cannot reverse a trial courts judgment absent properly assigned error D. holding appellate courts cannot reverse judgment on grounds not raised on appeal E. holding that a claim is not properly before the appellate court because it is axiomatic that arguments not raised below are waived on appeal

assistant: The best answer is C. holding it is axiomatic that an appellate court cannot reverse a trial courts judgment absent properly assigned error
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: claim because it is opinion, or because it is a true statement of fact, or because it was false but made without actual malice, may not serve as the basis for an IIED claim brought by a public figure. Falwell by its terms governs only public figure cases. Because I believe that the state's interest in protecting private individuals from the intentional infliction of emotional distress outweighs the First Amendment interest in speech on private matters concerning private individuals, I would decline to extend Falwell to IIED claims brought by private figures such as Carpenter. The state has a "strong and legitimate" interest in protecting private individuals from unprovoked verbal attacks. Private figures like Carpenter are both less equipped to defend themselves against attac 8) (<HOLDING>). 14 . Despite the error of concluding that Options: A. recognizing absolute immunity for attorneys and board members of the texas medical board B. holding that a candidate for a planned unit development associations board was a limited purpose public figure because as a candidate for election to the associations board of directors plaintiff thrust himself into a spotlight which justified viewing him as a public figure for the limited purpose of his candidacy C. holding that candidate for state medical board voluntarily placed herself in position of public attention given strong public interest in board appointees qualifications D. recognizing that public utilities affect the public interest in that they render essential public services to a large number of the general public E. holding that board panels may consider only independent medical evidence to support their findings resulting in va altering its longstanding practice of including members of the board with medical expertise on each panel and relying on their medical opinion in rendering board decisions

assistant: The best answer is C. holding that candidate for state medical board voluntarily placed herself in position of public attention given strong public interest in board appointees qualifications
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 for (a) compensation arrangements in the ordinary course of business with the officers, directors and employees of the Borrower and any Subsidiary, (b) payment pursuant to the Management Services Agreement, dated as of June 20, 2013, by and among the Borrower, each of the subsidiaries of the Borrower signatory thereto and TPG VI Management, LLC, as in effect on the Closing Date, (c) any participation by TPG in equity issuances of the Borrower pursuant to pre-emptive participation rights granted to TPG in accordance with the terms of the stockholders agreement between the Borrower and TPG, or (d) any transactions, payments or transfers among Loan Parties, the Borrower or any other Loan Party shall not enter into any transaction (including, without limitation, the purchase or sale of any property or service) with, or make any payment or transfer to, any Affiliate (or permit any Loan Party to do any of the foregoing) in excess of $1,000,000, except in the ordinary course of business and upon fair and reasonable terms no less favorable to the Borrower or such Loan Party than the Borrower or such Loan Party would obtain in a comparable arms’-length transaction.

assistant: Transactions With Affiliates
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: your mobile network 's data and messaging rates and fees may apply if you access or use the services from a wireless-enabled device and you shall be responsible for such rates and fees .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: appeared safe, and did not move until struck by Atropos Island four hours later. There was no evidence that Cynthia’s crew was negligent during the four hours Cynthia was next to the docks. Indeed, Weyerhaeuser’s own expert witness testified that Cynthia’s crew would have been negligent if they had attempted to move the ship away from the docks. Nevertheless, Weyerhaeuser argues that Cynthia should be liable for damages from the second allisions because Cynthia’s negligence created a foreseeable risk of harm to the docks, and the allision of Atropos Island resulted from the same force — the severe wind — that rendered Cynthia’s conduct negligent. See Petition of Kinsman Transit Co., 338 F.2d 708, 723-26 (2d Cir.1964), cert. denied, 380 U.S. 944, 85 S.Ct. 1026, 13 L.Ed.2d 963 (1965) (<HOLDING>). Weyerhaeuser also relies on the principle Options: A. recognizing recovery under common law for tort damages that are proven to be reasonably foreseeable damages of ones tortious acts B. holding defendant liable for unforeseeably severe damages when some harm was foreseeable and the damages resulted from the same risks that rendered the defendants conduct negligent C. holding that conduct must be beyond the fraud which supported compensatory damages to award punitive damages D. holding that a plaintiff may receive both treble damages under rico and state law punitive damages for the same course of conduct E. holding punitive damages nondischargeable under 523a6 when such damages are based on the same conduct as the underlying nondischargeable judgment

assistant: The best answer is B. holding defendant liable for unforeseeably severe damages when some harm was foreseeable and the damages resulted from the same risks that rendered the defendants conduct negligent
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 plaintiff, for which relief is sought, arising from an interlocked series of transac-tions_” Id. at 14, 71 S.Ct. at 540. The single wrong was the failure to pay insurance; the plaintiff could not recover more than once. The test, therefore, for separateness is the separateness of the wrong to the plaintiff. This provision requires independence as well as separateness. We have held that a claim is not independent if it “involve[s] ‘substantially the same facts.’ ” Addison v. Gulf Coast Contracting Servs., 744 F.2d 494, 500 (5th Cir.1984) (quoting American Fire, 341 U.S. at 16, 71 S.Ct. at 541). For example, if one claim depends on establishing liability under the other, the two cannot be found to be independent. See Moore v. United Servs. Auto. Ass’n, 819 F.2d 101, 104 (5th Cir.1987) (<HOLDING>). In making all determinations of separateness Options: A. holding bad faith not merely negligence must be proved if insurer is to be held liable for damages over policy limits for refusing to settle B. holding action by judgment creditor of insured against insurer for bad faith failure to settle claim against insured not a direct action within section 1332c proviso C. holding that a negligence claim against an insured and a bad faith claim against the insurer are not separate as the first must be proved to prevail on the second D. holding that insured cannot bring an action against its insurer for bad faith failure to settle a claim in the absence of an excess verdict E. holding that a plaintiffs negligence claim against a driver and her bad faith claim against the drivers insurer under mca 33182016 are separate and independent for purposes of 28 usc 1441c

assistant: The best answer is C. holding that a negligence claim against an insured and a bad faith claim against the insurer are not separate as the first must be proved to prevail on the second
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: see 7 U .S.C. § 6998(b), who, under the relevant regulations, may subsequently be petitioned to reconsider his or her decision, see 7 C.F.R. § 11.11. Finally, Congress provided for judicial review under standards established by the Administrative Procedure Act (APA), see 5 U.S.C. §§ 551-559, including reversal of the final agency decision if it is “contrary to constitutional right, power, privilege, or immunity,” see 5 U.S.C. § 706(2)(B). II. We believe, as the Court held in Chilicky, that the exhaustive scheme of remedies summarized above, supplemented by judicial review of constitutional violations, precludes the Carpenters’ Bivens action. Cf. Maxey v. Kadrovach, 890 F.2d 73, 75-76 (8th Cir.1989) (per curiam), cert. denied, 495 U.S. 933, 110 S.Ct. 2176, 109 L.Ed.2d 505 (1990) (<HOLDING>). The Carpenters contend, as the Chilicky Options: A. holding that judicial review under the apa is precluded when a remedy is available under a citizen suit provision of an environmental statute citations omitted B. holding that judicial review under apa standards is alone sufficient to preclude a bivens action C. holding that under the apa exhaustion is a prerequisite to judicial review when expressly required by statute or when an agency rule requires appeal before review so long as the administrative action is made inoperative pending that review D. holding that the apa does not afford an implied grant of subjectmatter jurisdiction permitting federal judicial review of agency action E. holding that because here the statutes in issue provide for judicial review via citizen suit provisions yet do not set forth a standard for that review judicial review is limited to apa review on the administrative record

assistant: The best answer is B. holding that judicial review under apa standards is alone sufficient to preclude a bivens 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: The Options, although not granted pursuant to the Lands’ End, Inc. 2014 Stock Plan (As Amended and Restated) (the “ Plan ”) shall, except as expressly set forth in this Agreement, be subject to the terms and provisions of the Plan, which is incorporated herein by reference. The Grantee hereby acknowledges receipt of a copy of the Plan. All capitalized terms used but not defined herein have the definitions set forth in the Plan. The Company represents that the Options will be covered by an S-8.

assistant: Definitions
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: Whenever this Agreement requires that notice be given by or to the Company or Optionee, such notice shall be given to the Company at the address first set forth above (or to such other address as the Company may communicate to Optionee under this Section 7.6) and to Optionee at such address as is set forth on the books and records of the Company for the mailing of any documents with respect to Optionee as follows: (a) by personal delivery, in which case notice shall be deemed to have been given on the date of delivery; (b) by certified United States mail, in which case notice shall be deemed to have been given two (2) days after deposit of such notice with the United States Postal Service; or (c) by DHL, Federal Express, United Parcel Service, or similar internationally-recognized overnight delivery service, in which case notice shall be deemed to have been given one (I) day after deposit of such notice or instrument with such service.

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: Other than as set forth in the Loan Documents or on Schedule 5.5 , there are no actions or proceedings pending or, to the knowledge of Borrower’s Responsible Officers, threatened by or against Borrower or any Subsidiary in which an adverse decision would reasonably be expected to cause a Material Adverse Change.

assistant: Litigations
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: Bank may assign this Agreement and its rights hereunder, and may delegate is duties and obligations under this Agreement, in each case without the consent of Employee, including by way of merger. This Agreement is a personal contract, and neither this Agreement nor the rights, interest, duties, or obligations of Employee hereunder may be assigned or delegated by Employee. Subject to the preceding provisions of this Section 12 , this Agreement shall be binding upon and shall inure to the benefit of the Parties and their respective successors and permitted assigns.

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: J. This appeal raises the issue of whether the trial court erred in ordering judgment for the plaintiff in the sum of $1.00 for nominal damages. We find there was no error. This complaint arises from an arson fire of a studio and its contents destroyed by the fire of property owned by the plaintiff, Dona M. Kerins. The fire was set by three juveniles, Christopher M. Rule, James Hannan, and Kevin Dmytryck. The defendants, Linda McConnell and Joseph Hannan, are the parents of the juvenile, James Hannan. The cases against the foster parents of Christopher M. Rule and the parent of Kevin Dmytryck have previously been resolved. See Kerins v. Lima, 425 Mass. 108, 680 N.E. 2d 32 (1997) (<HOLDING>); and Writ of Execution on Money Judgment as to Options: A. recognizing that foster parents do not have a constitutionally protected liberty interest in a continued relationship with their foster child B. holding that natural parents could not lose parental rights to foster parents where the foster agreement contemplates a surrender of custody for only a temporary period of time C. holding foster parents not liable for willful act of their foster child D. holding the foster parent did not possess a liberty interest in her relationship with the foster child E. recognizing emotional bond between foster parents and child although ultimately determining foster parents did not have rights of parents in dependency action under chapter 2644 rcw

assistant: The best answer is C. holding foster parents not liable for willful act of their foster child
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: need not establish the precise time of an accident or of the defendant’s driving to prove the offense of driving while intoxicated.”) (citing Kuciemba, 310 S.W.3d at 462, Kennemur v. State, 280 S.W.3d 305, 314 n. 8 (Tex.App.-Amarillo 2008, pet. ref d), and Zavala, 89 S.W.3d at 1 t he had been drinking with a family member before he left the house to drive back to his hotel. Appellant told Officer Slight that he had consumed one margarita and three glasses of wine before driving away from his relative’s home. See Zavala, 89 S.W.3d at 137-38 (considering appellant’s extrajudicial statement to police in determining evidence was sufficient to support DWI conviction when sufficient evidence corroborated appellant’s statement) (citing Self v. State, 513 S.W.2d 832, 835 (Tex.Crim.App.1974) (<HOLDING>)). Viewing all of the evidence in the light Options: A. holding that a writ of habeas corpus cannot be used to review the weight of evidence B. holding that managing conservator while in texas to seek return of child by writ of habeas corpus may not be served with civil process and is subject to jurisdiction of court in which habeas corpus is pending and only for purpose of prosecuting writ of habeas corpus C. holding that it may not D. holding that confession may be used to aid in establishment of corpus delicti if there is some evidence corroborating it E. holding that a writ of habeas corpus cannot be used to review the weight of evidence

assistant: The best answer is D. holding that confession may be used to aid in establishment of corpus delicti if there is some evidence corroborating it
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 GUARANTOR HEREBY IRREVOCABLY AND UNCONDITIONALLY SUBMITS, FOR ITSELF AND ITS PROPERTY, TO THE EXCLUSIVE JURISDICTION OF THE SUPREME COURT OF THE STATE OF NEW YORK SITTING IN NEW YORK COUNTY, BOROUGH OF MANHATTAN, AND OF THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK, AND ANY APPELLATE COURT FROM ANY THEREOF, IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS GUARANTY, OR FOR RECOGNITION OR ENFORCEMENT OF ANY JUDGMENT, AND EACH GUARANTOR HEREBY IRREVOCABLY AND UNCONDITIONALLY AGREES THAT ALL CLAIMS IN RESPECT OF ANY SUCH ACTION OR PROCEEDING MAY BE HEARD AND DETERMINED IN SUCH NEW YORK STATE OR, TO THE EXTENT PERMITTED BY LAW, IN SUCH FEDERAL COURT. EACH GUARANTOR AGREES THAT A FINAL JUDGMENT IN ANY SUCH ACTION OR PROCEEDING SHALL BE CONCLUSIVE AND MAY BE ENFORCED IN OTHER JURISDICTIONS BY SUIT ON THE JUDGMENT OR IN ANY OTHER MANNER PROVIDED BY LAW. NOTHING IN THIS GUARANTY SHALL AFFECT ANY RIGHT THAT THE ADMINISTRATIVE AGENT OR ANY LENDER MAY OTHERWISE HAVE TO BRING ANY ACTION OR PROCEEDING RELATING TO THIS GUARANTY OR ANY OTHER LOAN DOCUMENT AGAINST ANY LOAN PARTY OR ITS PROPERTIES IN THE COURTS OF ANY JURISDICTION.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: From time to time on and after the date hereof, the Buyer, the Members and Belani shall deliver or cause to be delivered to the Escrow Agent such further documents and instruments and shall do or cause to be done such further acts as the Escrow Agent shall reasonably request to carry out more effectively the provisions and purposes of this Escrow Agreement, to evidence compliance herewith or to assure itself that it is protected in acting hereunder.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: and assent of the parties “perform[s] a cautionary function whereby the parties’ acceptance is considered and deliberate.” Id. (internal quotation marks omitted). Aguiar further contends that the settlement judgment entered in the dis trict court is unlawful because it constitutes a waiver of his Title VII rights that is not knowing and voluntary. He argues that the settlement judgment waives his rights because it restricts him to bringing certain claims before Magistrate Judge Katz for the next two years, and then bars him from bringing those claims at all after two years. The agreement to bring claims in a particular forum, however, is not a waiver of Aguiar’s Title VII remedies and is enforceable. See 14 Penn Plaza LLC v. Pyett, — U.S. -, 129 S.Ct. 1456, 1469, 173 L.Ed.2d 398 (2009) (<HOLDING>). Further, we do not read the settlement Options: A. holding that age discrimination claim was subject to compulsory arbitration B. holding that claims arising under the age discrimination in employment act may be subject to arbitration C. holding that the faa requires arbitration of age discrimination claims when a valid arbitration agreement exists D. recognizing parties right by contact or agreement to submit or to agree to submit controversies to arbitration E. holding that an agreement to submit age discrimination claims to arbitration does not constitute a waiver

assistant: The best answer is E. holding that an agreement to submit age discrimination claims to arbitration does not constitute a waiver
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: There are no Actions pending or, to the Stockholder’s Knowledge, threatened against such Stockholder or to which such Stockholder is a party (a) that relate to this Agreement or any action taken or to be taken by such Stockholder in connection therewith, or which seek to enjoin or obtain monetary Damages in respect of, this Agreement or (b) that would reasonably be expected to adversely affect the ability of such Stockholder to perform its obligations under and consummate the Transaction.

assistant: Litigations
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: the term of your licenses under this eula shall commence on the date that you accept this eula and install or otherwise use the software and/or services and ends on the earlier date of either your disposal of the software and/or services or rovio 's termination of this eula .

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: Construction of the Tenant Improvements shall not proceed without Tenant first acquiring workers' compensation and commercial general liability insurance and property damage insurance as well as "All Risks" builders' risk insurance, with minimum coverage of $2,000,000 or such other amount as may be approved by Landlord in writing and issued by an insurance company reasonably satisfactory to Landlord. Not less than ten (10) days before commencing the construction of the Tenant Improvements, certificates of such insurance shall be furnished to Landlord. All insurance policies maintained by Tenant pursuant to this Work Letter shall name Landlord and any lender with an interest in the Suite 2600 and 2700 Expansion Space as additional insureds and comply with all of the applicable terms and provisions of the Lease relating to insurance. Tenant's contractor shall be required to maintain the same insurance policies as Tenant, and such policies shall name Tenant, Landlord and any lender with an interest in the Suite 2600 and 2700 Expansion Space as additional insureds.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: assets.... ” Letter Memorandum, at 2. While the letter does make reference to RTC’s security interest, RTC fails to make a clear demand against the estate and to show that RTC intended to hold the estate liable. Thompson, 227 F. at 983 (emphasis added). In fact, the very purpose of the letters was to assert that the debtor had no interest in the property in question and therefore the property was not property of the estate. RTC may have intended to pursue an action against the property only outside the bankruptcy case. Indeed, this could even be the reason that RTC never filed a proof of claim. Because the secured creditor has the power to proceed against the property only it is especially important that the secured creditor make a clear demand upon the estate. Thompson, 227 F. at 983 (<HOLDING>). This court holds that RTC, and therefore its Options: A. holding that because proceeds of a letter of credit were not secured by estate collateral the proceeds were not property of the estate B. holding single coexecutors release of mortgage debt paid to estate was valid and binding on estate because acts of any coexecutor in respect to the administration of the effects of the estate are deemed to be the acts of all as where one releases a debt or settles an account of a person with the deceased or surrenders a term or sells the goods and chattels of the estate his act binds the others characterizing conversion of decedents personal property into cash as act in due course of administration of estate C. holding that despite a lack of any formal notice tulsa requirement was satisfied by a showing that because the creditor was also the executor of the estate the creditor had actual notice of the pendency of the estate proceedings D. holding that making a demand on the estate is especially the duty of a secured creditor who has the choice of relying upon the security and thereby giving up all or a part of his claim upon the estate E. holding that the duty to maintain an easement was upon those entitled to its use rather than upon the servient estate

assistant: The best answer is D. holding that making a demand on the estate is especially the duty of a secured creditor who has the choice of relying upon the security and thereby giving up all or a part of his claim upon the estate
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 December 31, 2016 audited consolidated financial statements of the Parent and its Subsidiaries (prior to the Effective Date), and their unaudited financial statements dated as of March 31, 2017, heretofore delivered to the Lenders were prepared in accordance with GAAP in effect on the date such statements were prepared (except that such financial statements do not include footnotes and are subject to audit adjustments) and fairly present in all material respects the consolidated financial condition and operations of Parent and its Subsidiaries (prior to the Effective Date) at such date and the consolidated results of their operations for the period then ended.

assistant: Financial Statements
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: case could be deemed stolen only from Ms. Della Sala’s accusation. But this is to say that an inference that an officer might logically draw from the nature of a stolen object is entitled to greater weight than the testimony of the victim of the crime — a premise that itself is contrary to established precedent. Where, as here, a citizen informant is the victim of the crime in question, her report is entitled to great weight in the probable cause determination. See, e.g., Adams v. Williams, 407 U.S. 143, 147, 92 S.Ct. 1921, 32 L.Ed.2d 612 (1972). Indeed, as this court has recently pointed out, a crime victim’s accusation standing alone can establish probable cause. Ahlers v. Schebil, 188 F.3d 365, 370 (6th Cir.1999); see also United States v. Maryland, 479 F.2d 566, 569 (5th Cir.1973) (<HOLDING>). From these shaky ramparts, the majority Options: A. holding that probable cause existed to arrest for trespassing under state law B. holding that probable cause existed to arrest for a seatbelt violation under state law C. holding that information given to law enforcement authorities by the victim of the crime immediately after its occurrence was clearly sufficient to supply probable cause for appellants arrest D. holding that the government was to be treated as a private person and a genuine issue of material fact existed as to whether the agents exceeded their ability to arrest because while a law enforcement officer may arrest a person without a warrant given probable cause a private person may only arrest someone for a crime committed in his presence E. holding that under fourth amendment standards for determining probable cause for arrest and probable cause for search and seizure are same

assistant: The best answer is C. holding that information given to law enforcement authorities by the victim of the crime immediately after its occurrence was clearly sufficient to supply probable cause for appellants arrest
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: lawyer's interest materially adverse to the estate or the creditors”); In re Philadelphia Athletic Club, Inc., 20 B.R. at 334 (“catch-all clause” of disinterestedness standard broad enough to include “anyone who in the slightest degree might have some interest or relationship that would even faintly col- or the independent and impartial attitude required by the Code and Bankruptcy Rules”); In re Perry, Adams & Lewis Sec., Inc., 5 B.R. at 64 (relying on the movant’s allegations showing the “prospect of possible litigation” between the SIPA trustee and a bank represented by the trustee’s counsel); Schreiber Bosse, 368 F.Supp. at 27 (trustee and firm disqualified as a consequence of potential conflict with respect to bank’s claim); In re BH & P, Inc., 103 B.R. 556, 564 (Bankr.D.N.J.1989) (<HOLDING>); In re Micro-Time Mgmt. Sys., Inc., 102 B.R. Options: A. holding that a potential conflict was present necessitating reversal of defendants conviction B. recognizing conflict C. holding that even a potential conflict can justify disqualification D. holding that party waived disqualification complaint by filing her motion six and onehalf months after learning of the potential conflict E. recognizing the conflict

assistant: The best answer is C. holding that even a potential conflict can justify disqualification
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: All notices, consents , and other communications hereunder shall be in writing and shall be deemed to have been duly given either (A) upon delivery when delivered personally, (B) three (3) days after having been sent by certified mail return , receipt requested with postage prepaid, or (C) upon transmission by fax, e-mail, or similar electronic medium to the parties if successful delivery is confirmed (or at such other address for a party as shall be specified by like notice).

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: bound by King’s guilty plea to refrain from presenting evidence regarding the drug count. “It is well established in this circuit that as a general rule, the government is not bound by a defendant’s offer to stipulate.” United States v. Hiland, 909 F.2d 1114, 1134 (8th Cir.1990). While putting the government through the rigors of a trial is not a per se bar to a reduction for acceptance of responsibility, the trial court enjoys wide latitude in this area. There was nothing to show that King f-court statement was harmless error under the Chapman standard subsumes the Rule 52(a) analysis applicable to King’s hearsay argument, since the Chapman standard imposes a higher burden upon the beneficiary of the error than Rule 52(a). See United States v. DeAngelo, 13 F.3d 1228, 1233 (8th Cir.) (<HOLDING>), cert. denied, — U.S. —, 114 S.Ct. 2717, 129 Options: A. recognizing that where the error involved defies analysis by harmless error standards or the data is insufficient to conduct a meaningful harmless error analysis then the error will not be proven harmless beyond a reasonable doubt B. holding that chapman harmless error analysis is stricter than its rule 52a counterpart C. holding under former rule 52a appellant must object to alleged error in the trial court or such error is waived D. recognizing that the state court need not explicitly rely on chapman to warrant federal review under brecht but not deciding the issue because the error was also harmless under chapman E. holding that chapman mandates harmless error analysis of griffin error

assistant: The best answer is B. holding that chapman harmless error analysis is stricter than its rule 52a counterpart
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: statute that makes no reference to, or indeed functions irrespective of, the existence of an ERISA plan.” Id. at 139, 111 S.Ct. 478. By contrast, PONI's breach-of-contract claim against MVP neither conflicts with ERISA's goal of national uniformity of the administration of employee benefit plans nor creates an alternate enforcement mechanism. Ohio's contract law is a traditional state-based law of general applicability that neither directly references ERISA plans nor relies on the existence of such plans to operate. PONI’s claim is limited to MVP’s obligation to provide record-keeping services to the ESOP plan and does not directly touch upon the operation of the plan itself. Therefore, we conclude that Ingersoll-Rand does not affect our analysis. See also Gerosa, 329 F.3d at 325 (<HOLDING>); Coyne & Delany Co., 98 F.3d at 1472 (holding Options: A. holding that the dismissal of a civil action in state court does not preclude a restitution order on the same claim B. holding that 1981 does not contain a cause of action against arms of the state C. holding that ingersollrand does not preclude statelaw cause of action against an actuary D. recognizing the cause of action E. recognizing cause of action

assistant: The best answer is C. holding that ingersollrand does not preclude statelaw cause of action against an actuary
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: 1468. Second, if the reissue claims are broader, the court determines whether the patentee surrendered subject matter and “whether the broader aspects of the reissued claim relate to [the] surrendered subject matter.” Id. at 1468-69; see also id. at 1469-70. To determine whether a patentee surrendered subject matter, we ask “whether an objective observer viewing the prosecution history would conclude that the purpose of the patentee’s amendment or argument was to overcome prior art and secure the patent.” Kim v. ConAgra Foods, Inc., 465 F.3d 1312, 1323 (Fed.Cir.2006). If the patentee surrendered by argument, he must clearly and unmistakably argue that his invention does not cover certain subject matter to overcome an examiner’s rejection based on prior art. Medtronic, 465 F.3d at 1376 (<HOLDING>); Hester, 142 F.3d at 1482 (explaining that Options: A. holding the government waived its argument on appeal that the defendant did not have standing to challenge a search when it failed to raise the argument to the district court B. holding that because a valid arbitration clause existed the parties had to arbitrate all disputes when the subject matter of the dispute has a reasonable relationship to the subject matter of the contract C. holding that a patent attorneys argument did not clearly and unmistakably surrender the subject matter D. holding that in the attorneys fee proceeding we must accept as true the district courts determination that it lacked subject matter jurisdiction over the case because the plaintiff did not appeal the dismissal E. recognizing surrender as a contractual act but only with the consent of both parties requiring surrender by the debtor and willing acceptance of title by the creditor

assistant: The best answer is C. holding that a patent attorneys argument did not clearly and unmistakably surrender the subject matter
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: what you would do if your wife had had an affair?” He responded, “Not to my knowledge, ma’am, but a lot of people that know me know that I’m hot tempered.” A reasonable reading of the husband’s response is that his “hot tempered” reaction to the first affair was not an aberration, which is something that “a lot of people” knew, including CL. The military judge’s conclusion that CL had no additional motivation to lie about a potential second affair because her marriage was stronger after the first was erroneous because it ignored the evidence and oversimplified the situation. Furthermore, the military judge was incorrect to conclude that this evidence was too stale to be relevant. Time does not affect all evidence equally. See United States v. Kane, 726 F.2d 344, 348 (7th Cir.1984) (<HOLDING>). If CL engaged in consensual sexual Options: A. holding that ajbsent conclusive evidence of congressional intent as to the penal nature of a statute these factors must be considered in relation to the statute on its face B. holding that the mere fact that relevant evidence is shocking to the sensibilities does not make the admission of that evidence a violation of due process C. recognizing that mere passage of time does not make evidence irrelevant as it will also depend on the nature of the evidence and its relation to what is to be proven D. holding that the validity of the arrest does not depend on whether the suspect actually committed a crime the mere fact that the subject is later acquitted of the offense for which he is arrested is irrelevant to the validity of the arrest E. holding that reliance must be proven by some evidence

assistant: The best answer is C. recognizing that mere passage of time does not make evidence irrelevant as it will also depend on the nature of the evidence and its relation to what is to be proven
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 Administrative Agent shall have received this Agreement duly executed by each Lender, the Administrative Agent, each Issuing Lender, the Swingline Lender and an Authorized Officer of each of the Loan Parties.

assistant: 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: Each Credit Party shall, and shall cause each of its Restricted Subsidiaries to use the proceeds of the Advances, the Swing Line Advances or the Letters of Credit solely for (a) working capital purposes of any Restricted Entity or (b) other general corporate purposes of any Restricted Entity, including payment of original issue discounts and upfront fees to any Lender, Permitted Acquisitions, Permitted Investments, Capital Expenditures that are permitted hereunder and Restricted Payments that are permitted hereunder. No Credit Party shall, and shall not permit any of its respective Subsidiaries to, directly or, to its knowledge, indirectly, use any part of the proceeds of Advances or Letters of Credit or lend, contribute or otherwise make available such Advance or Letter of Credit or the proceeds of any Advance or Letter of Credit to any Person, (i) for any purpose which violates, or is inconsistent with, Regulations T, U, or X, (ii) to fund any activities or business of or with any Person, or in any country or territory, that, at the time of such funding, is itself, or whose government is itself, the subject of Sanctions, except to the extent licensed or otherwise approved by OFAC, the U.S. Department of State and all other relevant Sanctions authorities or (iii) in any other manner that would result in a violation of Sanctions by any Person (including any Person participating in the Advances, whether as underwriter, advisor, investor, or otherwise).

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: Act is an equitable remedy and the award is determined by the court. George Basch Co. v. Blue Coral, Inc., 968 F.2d 1532, 1537 (2d Cir.1992) ("Clearly, the statute’s invocation of equitable principles as guideposts in the assessment of monetary relief vests the district court with some degree of discretion in shaping that relief.”); Id. at 1540 (“The district court’s discretion lies in assessing the relative importance of [listed] factors and determining whether, on the whole, the equities weigh in favor of an accounting.”). 301 . Anson Deposition at 244, 246-247. 302 . Expert Report of Bradford Cornell ("Cornell Report") at 18-23. 303 . Memorandum in Support of Dooney & Bourke, Inc.'s Motion in Limine to Exclude the Report, Testimony and Opinions of Mr. Weston Anson ( Cir.1997) (<HOLDING>). 312 . See Daniel L. Rubinfeld, Reference Options: A. holding age discrimination claim barred B. holding that witness statements in police report inadmissible C. holding that expert report is inadmissible because its inference of age discrimination solely on the basis of the raw numbers is impermissible in the absence of any attempt to account for other causes of the anomaly D. holding that expert report was inadmissible in part because it assumed any anomalies in the data must be caused by age discrimination and made no attempt to account for other possible causes E. holding that a department of defense report was inadmissible

assistant: The best answer is D. holding that expert report was inadmissible in part because it assumed any anomalies in the data must be caused by age discrimination and made no attempt to account for other possible causes